Revision: May 1, 2012, midnight
HB 325-FN – AS AMENDED BY THE SENATE
5Jan2012… 2796h
04/18/12 1582s
2011 SESSION
08/03
HOUSE BILL 325-FN
AN ACT relative to the transfer of animals from licensed animal vendors.
COMMITTEE: Environment and Agriculture
This bill:
I. Allows transferees to accept a sick or injured animal if the transferee has knowledge of the sickness or injury and so long as the illness is not contagious.
II. Requires that transferred animals be held for 48 hours at a licensed facility or a facility operated by a licensed veterinarian before their transfer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Jan2012… 2796h
04/18/12 1582s
11-0093
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the transfer of animals from licensed animal vendors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Transfer of Animals. Amend RSA 437:10 to read as follows:
437:10 Dogs, Cats, and Ferrets.
I. No dog, cat, or ferret shall be offered for transfer by a licensee without first being protected against infectious diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian [in accordance with RSA 437:8] within 14 days of transfer. Said certificate shall be in triplicate, one copy of which shall be sent to the state 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 II. If an official health certificate is produced, it shall be prima facie evidence of transfer.
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 upon request. The public will 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 the dogs, cats, or ferrets are displayed. Upon transfer of the dog, cat, or ferret, this health certificate shall be updated by the licensee if any other medication or treatment has been given by a licensed veterinarian or the licensee to the dog, cat, or ferret and 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 that has caused it to fail its examination by a licensed veterinarian for an official health certificate under paragraph I; the transferee shall sign a waiver that indicates the transferee has knowledge of the 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. Animal shelter facilities, as defined in RSA 437:2, 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.
(c) All animal shelters shall comply with the provisions of RSA 437:10, V, RSA 437:13-a, IV, and RSA 466:6-a, IV.
IV. No person, firm, or corporation 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 licensee shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
V. [All dogs, cats, and ferrets received for transfer] 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 437:1 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.
2 Prohibition. Amend RSA 437:8 to read as follows:
437:4 Prohibition. No licensee under this subdivision shall transfer to any member of the public 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 437:10, II nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0093
Amended 04/25/12
HB 325 FISCAL NOTE
AN ACT relative to the transfer of animals from licensed animal vendors.
FISCAL IMPACT:
The Department of Agriculture, Markets and Food states this bill, as amended by the Senate (Amendment #2012-1582s), will have no fiscal impact on state, county, and local expenditures or revenue.
METHODOLOGY:
The Department of Agriculture, Markets and Food states this bill address issues involving the transfer of animals from licensed animal vendors. The Department assumes this bill will result in a decrease in complaints about sick animals with the waiver provision, and the actual cases of sick animals will decline with the expanded quarantine requirement. The Department states this bill will result in an increase in record keeping functions associated with the receipt and maintenance of waiver documents. The Department would absorb this additional function by redistributing work for the existing Department staff. The Department does not anticipate this bill will have a fiscal impact on state, county, and local expenditures or revenue.