HB1440 (2006) Detail

Prohibiting the sale of certain pets.


HB 1440 – AS INTRODUCED

2006 SESSION

06-2944

01/10

HOUSE BILL 1440

AN ACT prohibiting the sale of certain pets.

SPONSORS: Rep. J. Tilton, Merr 6; Rep. Butynski, Ches 4; Rep. Claire Clarke, Merr 6; Rep. Crane, Hills 21

COMMITTEE: Commerce

ANALYSIS

This bill expands the statutory remedies available for the sale of a diseased animal.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2944

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT prohibiting the sale of certain pets.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Examination by Licensed Veterinarian; Remedies for Sale of Certain Pets. RSA 437:13 is repealed and reenacted to read as follows:

437:13 Examination by Licensed Veterinarian.

I. Within 20 days of sale, the purchaser of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by a licensed veterinarian selected by the purchaser and, unless said examination indicates the dog, cat, or ferret to be free of disease, the purchaser, upon providing the veterinarian’s certificate to the licensee, shall be entitled to receive from the seller any one of the following remedies:

(a) Refund of the purchase price of the dog, cat, or ferret and reimbursement for any veterinary bills incurred between the time of sale and the veterinary certificate stating illness or cause of death;

(b) Replacement of the dog, cat, or ferret with another pet of the purchaser’s choice of equal monetary value and reimbursement for all related veterinary bills incurred in determining the pet’s illness or disability; or

(c) Reimbursement for or payment of all veterinarian’s bills issued within one year of the examination for services intended to correct the disease in an amount up to the purchase price of the animal.

II. In instances where other pets in the purchaser’s household contract the illness or disease to a like degree from the new pet, as verified by the veterinary certificate, veterinary bills for those pets as well may be submitted to the seller to be reimbursed. Such expenses shall only be payable to the purchaser after the entire amount necessary for the specific veterinary expenses of the new pet have been paid, the veterinarian verifies to the seller that the condition has been remedied as fully as possible, and that the condition was not the result of any exception under paragraph III.

III. Nothing in this section shall be construed to hold a seller financially liable if the seller of a dog, cat, or ferret has given the purchaser a copy of a veterinary statement at the time of sale which discloses one or more diseases, or congenital defects; and/or illness or death are proven to be due to neglect, injuries after the sale, or mistreatment.

2 Effective Date. This act shall take effect January 1, 2007.