Revision: Jan. 21, 2010, midnight
SB 123 – AS AMENDED BY THE SENATE
03/10/05 0434s
2005 SESSION
06/01
SENATE BILL 123
AN ACT relative to the liability of pet shops for the sale of sick animals.
SPONSORS: Sen. Hassan, Dist 23; Sen. Fuller Clark, Dist 24; Sen. Roberge, Dist 9
COMMITTEE: Environment and Wildlife
This bill makes pet shops liable for certain veterinary and other costs when the shop failed to disclose that an animal it sold was sick or injured at the time of sale.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/05 0434s
05-1023
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the liability of pet shops for the sale of sick animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Pet Shop Liability for the Sale of Sick Pets. Amend RSA by inserting after chapter 437-A the following new chapter:
CHAPTER 437-B
PET SHOP LIABILITY FOR THE SALE OF SICK PETS
437-B:1 Definition; Pet Shop. “Pet shop” means any establishment licensed to keep, maintain and sell certain live animals, birds, and fish at retail to the public.
437-B:2 Liability Imposed.
I. A pet shop shall be liable for veterinary charges and other costs related to the treatment and care of a pet animal it has sold that was sick or injured at the time of sale and that the pet shop failed to disclose was ill or injured to the purchaser.
II. A pet shop shall be liable for veterinary charges and other costs related to the treatment and care of any other animals owned by the purchaser if such animals become ill as a result of the purchase of an animal and the pet store owner failed to disclose the illness to the purchaser at the time of sale.
III. A pet shop shall not be liable for more than $1,000 in veterinary charges and other costs for all pet animals under paragraphs I and II.
437-B:3 Burden of Proof.
I. The pet shop shall be liable for the costs of treating and caring for the purchased pet animal if the purchaser provides the shop with written certification by a veterinarian of the purchaser’s choice that the veterinarian reasonably believes that the illness or injury for which he or she is treating the pet existed at the time of purchase and that the purchaser presented the pet for treatment within 14 days of the date of purchase.
II. The pet shop shall be liable for the costs of treating and caring for other animals in the purchaser’s home if the purchaser provides the shop with written certification by a veterinarian of the purchaser’s choice that the veterinarian reasonably believes that the illness for which he or she is treating any other animal of the purchaser resulted from the animal’s exposure to the newly purchased pet animal sold by the pet shop.
437-B:4 Exception. Pet shops shall not be liable for routine vaccinations or physical examinations of a newly purchased pet animal.
2 Effective Date. This act shall take effect upon its passage.