TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

Chapter 437
SALE OF PETS AND DISPOSITION OF UNCLAIMED ANIMALS

Transfer of Animals and Birds

Section 437:1

    437:1 Definitions. –
In this subdivision:
I. "Animal shelter facility" means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned, operated and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contracts with a municipality to serve that function.
II. [Repealed.]
III. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
IV. "Pet vendor" means any person, firm, corporation, or other entity that transfers 30 or more dogs, 30 or more cats, 30 or more ferrets, or 50 or more birds, live animals or birds customarily used as household pets to the public, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire, when transfer to the final owner occurs within New Hampshire, between January 1 and December 31 of each year. Pet vendor also means any person, firm, corporation, or other entity that transfers amphibians, reptiles, fish, or small mammals customarily used as household pets to the public in quantities set in rules adopted by the department, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire between January 1 and December 31 of each year. Nothing in this paragraph shall be construed to alter or affect the municipal zoning regulations that a pet vendor shall conform with under RSA 437:3.
V. "Transfer" means transfer of ownership of live animals or birds from any person, firm, corporation, or other entity to a member of the public.
437:1 Definitions. –
In this subdivision:
I. "Animal shelter facility" means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned or leased, operated and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contracts with a municipality to serve that function.
II. [Repealed.]
III. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
IV. "Pet vendor" means any person, firm, corporation, or other entity that transfers 30 or more dogs, 30 or more cats, 30 or more ferrets, or 50 or more birds, live animals or birds customarily used as household pets to the public, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire, when transfer to the final owner occurs within New Hampshire, between January 1 and December 31 of each year. Pet vendor also means any person, firm, corporation, or other entity that transfers amphibians, reptiles, fish, or small mammals customarily used as household pets to the public in quantities set in rules adopted by the department, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire between January 1 and December 31 of each year. Nothing in this paragraph shall be construed to alter or affect the municipal zoning regulations that a pet vendor shall conform with under RSA 437:3.
V. "Transfer" means transfer of ownership of live animals or birds from any person, firm, corporation, or other entity to a member of the public.

Source. 2017, 156:233, eff. July 1, 2017. 2019, 346:297, 302, eff. July 1, 2019. 2021, 214:1, eff. Oct. 16, 2021; 215:1, eff. Aug. 17, 2021.

Section 437:2

    437:2 Declaration of Policy. – This subdivision establishes standards for the regulation of animal health that are consistent with the pattern established throughout statute by the general court. Animal health regulation shall focus either on those conditions that pose a threat to public health or that would require regulatory intervention to protect the economy of the state, or both.

Source. 2017, 156:233, eff. July 1, 2017.

Section 437:3

    437:3 Requirements. –
No pet vendor shall transfer animals or birds without a license. A pet vendor shall apply to the commissioner for a license, giving such information as the commissioner shall require. A pet vendor that transfers more than 50 or more dogs, 50 or more cats, 50 or more ferrets, or 50 or more birds shall include proof that the zoning enforcement official of the municipality wherein any facility is to be maintained has certified that the facility conforms to the municipal zoning regulations in his or her application. The application shall be accompanied by a non-refundable $200 fee. All licenses shall expire on June 30 of each year and be subject to renewal upon submission of a new application. No licenses shall be transferable. A pet vendor licensed under this subdivision shall:
I. Maintain in a clean and sanitary condition all premises, buildings, and other enclosures used in the business of dealing in live animals or birds customarily used as household pets.
II. Submit premises, buildings and other enclosures to unannounced inspection by department employees or local animal control, law enforcement, or health officials at reasonable times.
III. Maintain, subject to inspection by the commissioner, his or her agent, local officials, law enforcement, or any member of the public, a proper record in which all live animals or birds customarily used as household pets obtained or transferred shall be listed, giving the breed, date the animal was obtained and transferred, and from whom the animal or bird was obtained and to whom the animal was transferred. Such record shall also show the microchip, leg band, or tattoo number of each animal or bird, where applicable. Animals or birds that do not bear such identification shall be identified by recording markings, a physical description and any other information as the commissioner deems necessary to identify such animals or birds.
IV. Keep records of all animals or birds intended for transfer indicating identification, point of origin, and recipient, and shall submit said records to the commissioner upon request.
V. Abide by such other rules as the commissioner may adopt to control disease.

Source. 2017, 156:233, eff. July 1, 2017. 2021, 215:3, eff. Aug. 17, 2021.

Section 437:4

    437:4 Refusal to Issue; Revocation or Suspension of License. –
The commissioner, after notice to the licensee and opportunity for hearing, as set forth in the rules adopted under RSA 437:9, may deny an application, or suspend or revoke a license for any of the following reasons:
I. The applicant or licensee violated the statutes of the state of New Hampshire or of the United States or any rule adopted by the commissioner pursuant to this chapter;
II. The applicant made false or misleading statements in his or her application for a license;
III. The licensee knowingly transferred any animal affected with a communicable disease except as allowed under RSA 437:5 and RSA 437:8, II;
IV. The licensee ceased to operate the business for which the license was issued; or
V. The applicant or licensee held any similar license issued in another jurisdiction which was revoked or suspended by that jurisdiction as a result of engaging in conduct prohibited by RSA 437 during the preceding 5 years.

Source. 2017, 156:233, eff. July 1, 2017. 2021, 215:4, eff. Aug. 17, 2021.

Section 437:5

    437:5 Prohibition. – No licensee under this subdivision shall transfer, other than to a qualified veterinarian or licensed animal shelter facility, any maimed, sick, or diseased animal or bird other than as permitted under RSA 437:8, II nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.

Source. 2017, 156:233, eff. July 1, 2017.

Section 437:6

    437:6 Health Management; Dogs, Cats, and Ferrets. –
I. Medical treatment and use of controlled drugs on any animal or bird under the care or possession or under the control of any licensee other than a veterinarian may be administered only under the direction and supervision of a veterinarian for the purposes of this subdivision.
II. Within 14 days of transfer, the transferee of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by a licensed veterinarian selected by the transferee and, unless said examination indicates the dog, cat, or ferret to be free of disease, the transferee shall be entitled to substitution or, at the transferee's option, a full refund of the purchase price of the dog, cat, or ferret, if applicable, upon return of the dog, cat, or ferret to the licensee within 2 business days of said examination, accompanied by the veterinarian's statement that the animal is not free of disease.

Source. 2017, 156:233, eff. July 1, 2017.

Section 437:7

    437:7 Exceptions. –
I. The license provisions of this subdivision shall not apply to breeders of dogs or cats that do not meet the definition of pet vendor in RSA 437:1, veterinarians, or the transfer of livestock or poultry.
II. (a) A person who has previously not met the requirements for licensure as a pet vendor but who intends to transfer more than 30 dogs or 30 cats in a year may apply to the commissioner for an exemption from licensure as a pet vendor if he or she meets the following criteria:
(1) The person has transferred fewer than 30 dogs or 30 cats annually in the previous 4 12-month periods beginning January 1 and running through the following December 31; and
(2) The person has not been required to register as a pet vendor in the previous 4 12-month periods beginning January 1 and running through the following December 31.
(b) The commissioner shall make a determination on such exemption within 15 days of its submission. Such exemption shall expire on the June 30 following its issuance.
(c) A person exempt from licensure as a pet vendor under this paragraph may transfer no more than 15 dogs or 15 cats in addition to the 30 dog or 30 cat limit in subparagraph (a) within the period his or her exemption is valid.

Source. 2017, 156:233, eff. July 1, 2017. 2019, 346:298, eff. July 1, 2019. 2021, 215:2, eff. Aug. 17, 2021.

Section 437:8


[RSA 437:8 effective until 90 days after certification that the animal records database is operational; see also RSA 437:8 effective 90 days after certification that the animal records database is operational, set out below.]
    437:8 Health Certificates for Dogs, Cats, and Ferrets. –
I. For purposes of this chapter, an official health certificate means a certificate signed by a licensed veterinarian, containing the name and address of the entity transferring ownership of the dog, cat, or ferret, the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret, and the certification of the veterinarian that the dog, cat, or ferret is free from evidence of communicable diseases or internal or external parasites. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included on or attached to the certificate.
II. The original of the official health certificate accompanying the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection by the department, local officials, or a member of the public upon request up to one year after the animal has left the facility. The public shall be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where dogs, cats, or ferrets are displayed. Upon transfer of a dog, cat, or ferret, that animal's health certificate shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. The transferee may accept a dog, cat, or ferret that has a noncontagious illness, or feline leukemia virus or feline immunodeficiency virus, which has caused it to fail its examination by a licensed veterinarian for an official health certificate. The transferee shall sign a waiver that indicates the transferee has knowledge of such dog, cat, or ferret's noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.
III. No person, firm, corporation, or other entity shall ship or bring into the state of New Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No person, firm, corporation, or other entity shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
IV. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at least 48 hours at a facility licensed under RSA 437 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.
V. Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferrets except that:
(a) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies, including but not limited to national tattoo or microchip registries.
(b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal.
VI. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual without first being protected against infectious diseases using a vaccine approved by the state veterinarian. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer shall occur unless the transferred animal is accompanied by a health certificate issued within the prior 14 days. The certificate shall be in triplicate, one copy of which shall be retained by the signing veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be given to the transferee upon transfer as provided in paragraph III. If an official health certificate is produced, it shall be prima facie evidence of transfer. The signing veterinarian shall provide a copy of the health certificate to the department of agriculture, markets, and food upon request.

[RSA 437:8 effective until 90 days after certification that the animal records database is operational; see also RSA 437:8 effective 90 days after certification that the animal records database is operational, set out below.]


437:8 Health Certificates for Dogs, Cats, and Ferrets. –
I. For purposes of this chapter, an official health certificate means a certificate signed by a licensed veterinarian, containing the name and address of the entity transferring ownership of the dog, cat, or ferret, the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret, and the certification of the veterinarian that the dog, cat, or ferret is free from evidence of communicable diseases or internal or external parasites. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included on or attached to the certificate.
II. The original of the official health certificate accompanying the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection by the department, local officials, or a member of the public upon request up to one year after the animal has left the facility. The public shall be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where dogs, cats, or ferrets are displayed. Upon transfer of a dog, cat, or ferret, that animal's health certificate shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. The transferee may accept a dog, cat, or ferret that has a noncontagious illness, or feline leukemia virus or feline immunodeficiency virus, which has caused it to fail its examination by a licensed veterinarian for an official health certificate. The transferee shall sign a waiver that indicates the transferee has knowledge of such dog, cat, or ferret's noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.
III. No person, firm, corporation, or other entity shall ship or bring into the state of New Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No person, firm, corporation, or other entity shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
IV. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at least 48 hours at a facility licensed under RSA 437 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.
V. Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferrets except that:
(a) All dogs, cats, or ferrets transferred out of an animal shelter facility shall have a form of positive identification, including, but not limited to a tattoo, collar, microchip, ear tag, or any other permanent form of identification approved by the commissioner.
(b) All dogs, cats, or ferrets 3 months of age or older shall be vaccinated against rabies in accordance with RSA 436:100 before transfer, if proof of rabies vaccination is not available.
(c) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies, including but not limited to national tattoo or microchip registries.
(d) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal. Registered owners or agents shall be contacted as soon as possible, not to exceed 72 hours, and alerted that the animal has been taken in and is available to be reclaimed.
(e) If listed owners or agents cannot be located or refuse to reclaim possession of the animal, every effort shall be made to contact the secondary owner listed by microchip registries as soon as possible, not to exceed 72 hours.
(f) No animal shelter shall transfer any dog, cat, or ferret that is received from outside of the state without an official health certificate and until the quarantine requirements in RSA 437:8, IV have been met.
VI. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual without first being protected against infectious diseases using a vaccine approved by the state veterinarian. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer shall occur unless the transferred animal is accompanied by a health certificate issued within the prior 14 days. The certificate shall be in triplicate, one copy of which shall be retained by the signing veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be given to the transferee upon transfer as provided in paragraph III. If an official health certificate is produced, it shall be prima facie evidence of transfer. The signing veterinarian shall provide a copy of the health certificate to the department of agriculture, markets, and food upon request.

Source. 2017, 156:233, eff. July 1, 2017. 2018, 175:1, eff. Aug. 7, 2018. 2019, 306:11, eff. Jan. 1, 2020; 346:299, eff. July 1, 2019. 2021, 214:2, eff. Oct. 16, 2021.

Section 437:8


[RSA 437:8 effective 90 days after certification that the animal records database is operational; see also RSA 437:8 effective until 90 days after certification that the animal records database is operational, set out above.]
    437:8 Health Certificates for Dogs, Cats, and Ferrets. –
I. For purposes of this chapter, an official certificate of transfer means an electronic record electronically submitted to the animal records database by a licensed veterinarian, containing the name and address of the entity transferring ownership of the dog, cat, or ferret, the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret, and the certification by the veterinarian that the dog, cat, or ferret is free from evidence of communicable diseases or internal or external parasites. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included in or attached to the certificate. An official certificate of transfer is distinct from a federal certificate of veterinary inspection and is not interchangeable with a certificate of veterinary inspection.
II. The electronically submitted certificate of transfer shall be considered the official certificate of transfer. A copy of the certificate of transfer of the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection by the department, local officials, or a member of the public upon request up to one year after the animal has left the facility. The public shall be informed of their right to inspect a copy of the certificate of transfer for each dog, cat, or ferret offered for transfer by a sign prominently displayed in the area where dogs, cats, or ferrets are displayed. Upon transfer of a dog, cat, or ferret, a copy of that animal's certificate of transfer shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee.
III. For purposes of this chapter, an official certificate of transfer waiver means an electronic record electronically submitted to the animal records database provided in lieu of an official certificate of transfer for a dog, cat, or ferret that has failed the examination for an official certificate of transfer because of a non-contagious illness, feline leukemia, or feline immunodeficiency virus. The waiver shall contain the name and address of the entity transferring ownership of the dog, cat, or ferret; the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret; the reason for failure of the examination for the official certificate of transfer; and the signature of the transferee indicating that the transferee has knowledge of the dog's, cat's, or ferret's non-contagious medical condition. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included in or attached to the certificate of transfer waiver. The waiver shall be submitted electronically to the animal records database by a New Hampshire licensed veterinarian.
IV. No person, firm, corporation, or other entity shall ship or bring into the state of New Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No person, firm, corporation, or other entity shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
V. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at least 48 hours at a facility licensed under RSA 437 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.
VI. No animal shelter shall transfer any dog, cat or ferret that is received from outside of the state until the quarantine requirements in 437:8, V have been met and without an official transfer certificate. Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferrets except that:
(a) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies, including but not limited to national tattoo or microchip registries.
(b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal.
VII. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual without first being protected against infectious diseases using vaccines approved by the state veterinarian. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual unless accompanied by a copy of the official certificate of transfer or official certificate of transfer waiver issued by a licensed veterinarian within the prior 14 days. No transfer shall occur unless the transferred animal is accompanied by a copy of the official certificate of transfer or official certificate of transfer waiver. The official certificate of transfer or official certificate of transfer waiver shall reside in the animal records database. Copies shall be provided to the veterinarian, transferor, and the transferee, who shall retain copies for their records. The transferor shall retain a copy for his or her records. If an official certificate of transfer or official certificate of transfer waiver is produced, it shall be prima facie evidence of transfer.

Source. 2017, 156:233, eff. July 1, 2017. 2018, 175:1, eff. Aug. 7, 2018. 2019, 306:11, eff. Jan. 1, 2020; 346:299, eff. July 1, 2019. 2021, 91:303; 214:2, eff. Oct. 16, 2021.

Section 437:8-a

    437:8-a Animal Records Database Established. –
I. The department of agriculture, markets, and food shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the handling of animal records.
II. The department shall maintain a reporting system capable of receiving electronically transmitted records from veterinarians. The commissioner shall adopt rules under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information he or she deems necessary to manage such database including procedures for providing authorized access. The commissioner shall also ensure that the database is secure from unauthorized access or use.
III. The commissioner may issue a waiver to a veterinarian who is unable to submit information by electronic means. Such waiver may permit the veterinarian to submit information by paper form or other means, provided all information required by RSA 437:8 is submitted in this alternative format and within the established time limit.
IV. The commissioner may grant a reasonable extension to a veterinarian who is unable, for good cause, to submit all the information required by RSA 437:8 within the established time limits. Any veterinarian who in good faith reports to the program as required by RSA 437:8 shall be immune from any civil or criminal liability as the result of such good faith reporting.
V. There is established a nonlapsing fund to be known as the animal records database fund in the department of agriculture, markets, and food which shall be kept distinct and separate from all other funds. All moneys in the animal records database fund shall be nonlapsing and continually appropriated to the commissioner, and except as otherwise provided in law, shall be used for the purpose of administering and maintaining the animal records database established in this section. The database fund shall draw moneys only from grants and appropriations.
VI. Notwithstanding paragraph V, the fund shall be initiated by transfers from the agricultural product and scale testing fund established under RSA 435:20, IV, as provided in RSA 435:20, V.

Source. 2021, 91:302, eff. June 25, 2021.

Section 437:8-b

    437:8-b Confidentiality. –
I. Information submitted to the animal records database is exempt from public disclosure, and shall not be subject to discovery, subpoena, or other means of legal compulsion for release. Disclosure to local, state, and federal officials is not public disclosure. This exemption shall not affect the disclosure of information used in official local, state, or federal animal health investigations or pet vendor license investigations under this chapter. Database records, information, or lists may be made available pursuant to a court order on a case-by-case basis. Any information, record, or list received pursuant to this paragraph shall not be transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.
II. The department shall establish and maintain procedures to ensure the privacy and confidentiality of animal and animal owner information.
III. The department may use and release information and reports from the program for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the data are aggregated or otherwise de-identified.
IV. No animal records database records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.
V. Certificates of transfer shall be removed from the animal records database after 4 years.
VI. Any person who knowingly accesses, alters, destroys, publishes, or discloses animal records database information except as authorized in this section or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.
VII. Nothing in this section shall limit the right of a person damaged by a violation to pursue any other appropriate cause of action.

Source. 2021, 91:302, eff. June 25, 2021.

Section 437:9

    437:9 Rulemaking Authority. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
I. The information required from an applicant for a license as a pet vendor;
II. The health and sanitation standards to effectuate the purposes of this subdivision;
III. Information required to be maintained in records of pet vendors regarding identifying features of animals or birds obtained and transferred;
IV. Notice and hearing on the refusal to issue or the revocation of a license;
V. Setting limits for reasonable daily boarding and care costs for animals confiscated under RSA 644:8, IV.
VI. Any other matter the commissioner may deem necessary to carry out the provisions of this subdivision.

Source. 2017, 156:233, eff. July 1, 2017. 2019, 306:12, eff. Jan. 1, 2020.

Section 437:10

    437:10 Penalty. –
I. Any pet vendor who transfers live animals or birds customarily used as household pets in this state without having a license to do so as required by this chapter shall be guilty of a misdemeanor.
II. In addition to the penalty under paragraph I, any pet vendor who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.

Source. 2017, 156:233, eff. July 1, 2017.

Section 437:11 to 437:13-a

    437:11 to 437:13-a [Omitted]. –

Sale, Gift, or Display of Certain Birds and Rabbits

Section 437:14

    437:14 Artificial Coloring. – No chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially shall be sold or offered for sale; raffled; offered or given as a prize, premium, or advertising device; or displayed in any store, shop, carnival, or other public place.

Source. 1985, 72:1, eff. July 1, 1985.

Section 437:15

    437:15 Sale or Gift. – Rabbits younger than 8 weeks of age shall not be sold or offered for sale; raffled; or offered or given as a prize, premium, or advertising device.

Source. 1985, 72:1, eff. July 1, 1985. 2012, 82:1, eff. July 22, 2012. 2019, 81:1, eff. Aug. 17, 2019.

Section 437:16

    437:16 Conditions of Keeping and Display. – Stores, shops, vendors, and others offering chicks, ducklings, or goslings younger than 4 weeks of age for sale, raffle, or as a prize, premium, or advertising device, or displaying chicks, ducklings, or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or goslings in good health, and shall keep adequate food and water available to the birds at all times.

Source. 1985, 72:1, eff. July 1, 1985. 2019, 81:2, eff. Aug. 17, 2019.

Section 437:17

    437:17 Penalty. – Any person, firm, or corporation violating any of the provisions of this subdivision shall be guilty of a violation; provided that after any violation has been called to the attention of the violator by any law enforcement officer, each day on which such violation continues or is repeated shall constitute a separate offense.

Source. 1985, 72:1, eff. July 1, 1985.

Section 437:17-a

    437:17-a Monk Parakeets. – Monk parakeets (Myiopsitta monachus), also known as quaker parrots, may be possessed and sold within the state.

Source. 2011, 116:1, eff. July 30, 2011.

Unclaimed and Abandoned Animals

Section 437:18

    437:18 Definitions. –
As used in this subdivision, unless the context otherwise requires:
I. "Animal" means a domestic animal, a household pet, or a wild animal in captivity.
II. "Owner" means the person having the right of possession of an animal, whether such right was acquired by gift, purchase, or other means.
III. "Animal care center" means any veterinary establishment, humane society, boarding kennel, or other center providing care and treatment for animals.
IV. "Abandoned animal" means:
(a) Any animal whose owner neglects or refuses to reclaim it within 7 days after the mailing of the notification provided for in RSA 437:19.
(b) Any animal left in an animal care center by a person unknown or by an owner who, when leaving the animal, gives a false name or false address.
(c) Any ferret in the custody of the animal care center for at least 7 days.
(d) Any cat in the custody of the animal care center for at least 7 days which has a form of positive identification including, but not limited to a tattoo, collar, microchip, eartag, or any other form of identification approved by the commissioner of agriculture, markets, and food pursuant to rules adopted under RSA 466:13-a.
V. "Operator" means the director, manager, veterinarian, or other person charged with the supervision of an animal care center.

Source. 1985, 72:1. 1998, 368:2, eff. Aug. 25, 1998.

Section 437:19

    437:19 Notice to Owner; Reclaiming of Animals. – The operator of an animal care center having custody of an animal, the owner of which has refused or neglected to reclaim the animal for a period of 7 days, or has refused or neglected to pay the just fees and charges due for boarding, grooming, surgical, medical or other care of the animal for a period of 7 days, shall notify the owner by certified mail of the intention of the operator to treat the animal as an abandoned animal within the meaning of this subdivision if the owner does not reclaim the animal or pay the charges and fees within 7 days after the mailing of the notification. Any cat not licensed in accordance with RSA 466:13-a and which is reclaimed from an animal care center shall be released to the owner only upon proof of a current, valid rabies vaccination or upon being vaccinated against rabies in accordance with RSA 436.

Source. 1985, 72:1. 1998, 368:5, eff. Aug. 25, 1998.

Section 437:20

    437:20 Disposition of Abandoned Animals. – Ownership of an animal shall vest in the operator of the animal care center having custody thereof upon determination that the animal has been abandoned under the provisions of this subdivision, and the operator may dispose of such abandoned animal in any lawful manner as if he were its rightful owner.

Source. 1985, 72:1, eff. July 1, 1985.

Section 437:21

    437:21 Duty of Operator. – It shall be the duty of the operator of an animal care center, when taking custody of an animal, to advise its owner of the provisions of this subdivision.

Source. 1985, 72:1, eff. July 1, 1985.

Section 437:22

    437:22 Experimentation and Vivisection Prohibited. –
I. It shall be unlawful for any agent acting on behalf of an animal shelter facility as defined in RSA 437:1, I, or an animal care center as defined in RSA 437:18, III, to give, release, sell, trade or transfer with or without a fee any live animal brought, caught, detained, obtained or procured by any means, to any association, corporation, individual, educational institution, laboratory, medical facility, or anyone else, for the purpose of experimentation or vivisection.
II. All animals which are put to death by an animal control officer, humane retaining facility, animal care facility, or agents acting on behalf of such a facility shall be put to death humanely using a method approved by the commissioner of the New Hampshire department of agriculture, markets, and food.
III. Any person who violates the provisions of paragraphs I or II shall be guilty of a misdemeanor.

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995. 2017, 156:234, eff. July 1, 2017.