CHAPTER 160
HB 142 – FINAL VERSION
21Mar2007… 0265h
05/17/07 1457s
2007 SESSION
08/04
HOUSE BILL 142
COMMITTEE: Environment and Agriculture
This bill expands license requirements for sellers of domestic animals and requires that all out of state dogs, cats, and ferrets sold in New Hampshire be accompanied by an official health certificate.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2007… 0265h
05/17/07 1457s
07-0615
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the sale of out-of-state animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
160:1 Sale of Animals and Birds; License Required. Amend RSA 437:1 to read as follows:
437:1 License Required. No person, firm, corporation or other entity shall engage in the business of selling or the business of placing or giving away, with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, selling, placing, giving away, or importing live animals or birds customarily used as household pets for sale, resale, or transfer to the public, with or without a fee 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. These provisions shall not effect the provisions of RSA 437:7.
160:2 Bird and Animal Inspections. Amend RSA 437:8 to read as follows:
437:8 Inspections. Inspections of all premises as described in RSA 437:1 shall be made at reasonable times, but in no case less frequently than every 6 months. Any duly appointed agent of any humane society or S.P.C.A. incorporated in the state of New Hampshire acting under the authority and direction of the department or an official representative of the department may make said inspections at any reasonable time. Licensees without a physical facility in New Hampshire shall be exempt from facility inspection, though interstate health certificates or official health certificates for every imported dog, cat, or ferret handled by the licensee shall be submitted to the department for review within one month of the date of writing of the certificate.
160:3 Health Certificate for Cats. Amend RSA 437:13-a, IV to read as follows:
IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to selling or transferring cats except that all cats 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 of agriculture, markets, and food and shall be vaccinated against rabies in accordance with RSA 436, and shall be accompanied by an official health certificate if the cat was imported into the state for transfer with or without a fee.
160:4 Breeder’s Health Certificate. Amend RSA 466:6-a, IV to read as follows:
IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to selling or transferring dogs except that dogs which have been imported into the state for transfer with or without a fee shall be accompanied by an official health certificate.
160:5 Dogs, Cats and Ferrets. Amend RSA 437:10, III(c) to read as follows:
(c) All animal shelters shall comply with the provisions of RSA 437:13-a, IV and RSA 466:6-a, IV.
160:6 New Paragraph; Broker; Definition. Amend RSA 437:2 by inserting after paragraph IV the following new paragraph:
V. “Broker” means any individual or entity acting as agent or intermediary in negotiating, buying, selling, or transferring dogs, cats, or ferrets when transfer to the final owner occurs in New Hampshire.
160:7 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2007
Effective: August 17, 2007