Revision: Feb. 16, 2012, midnight
SB 370-FN – AS INTRODUCED
2012 SESSION
08/10
SENATE BILL 370-FN
AN ACT relative to the breeding of dogs for sale or transfer.
SPONSORS: Sen. Odell, Dist 8; Sen. Carson, Dist 14; Rep. Bettencourt, Rock 4; Rep. Cooney, Graf 7; Rep. Gile, Merr 10
COMMITTEE: Executive Departments and Administration
This bill:
I. Provides minimum welfare requirements for dog breeders.
II. Allows the commissioner of the department of agriculture, markets and food to appoint agents to inspect complaints relative to breeders.
III. Provides penalties for any breeders who violate the welfare requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2976
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the breeding of dogs for sale or transfer.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Dog Breeders. Amend RSA 437 by inserting after section 22 the following new subdivision:
437:23 Definitions. In this subdivision:
I. “Adequate rest between breeding cycles” means, at minimum, ensuring that dogs are not bred to produce more than 2 litters in any 18 month period.
II. “Covered dog” means any individual of the species of the domestic dog, Canis lupus familiaris, or resultant hybrids, that is over the age of 6 months and has intact sexual organs.
III. “Debarking” means the cutting or procuring of the cutting of a dog’s vocal cords or the altering, causing or procuring the alteration of any part of a dog’s resonance chamber.
IV. “Necessary veterinary care” means, at minimum, examination at least once yearly by a licensed veterinarian; prompt treatment of any illness or injury by a licensed veterinarian; and, where needed, humane euthanasia by a licensed veterinarian using lawful techniques deemed acceptable by the American Veterinary Medical Association.
V. “Pet” means any domesticated animal normally maintained in or near the household of the owner thereof.
VI. “Regular exercise” means constant and unfettered access to an outdoor exercise area that is composed of a solid, ground level surface with adequate drainage; provides some protection against sun, wind, rain, and snow; and provides each dog at least twice the square footage of the indoor floor space provided to that dog.
VII. “Retail pet store” means a person or retail establishment open to the public where dogs are bought, sold, exchanged, or offered for retail sale directly to the public to be kept as pets, but that does not engage in any breeding of dogs for the purpose of selling any offspring for use as a pet.
VIII. “Sufficient food and clean water” means access to appropriate nutritious food at least once a day sufficient to maintain good health; and continuous access to potable water that is not frozen, and is free of debris, feces, algae, and other contaminants.
IX. “Sufficient housing, including protection from the elements” means constant and unfettered access to an indoor enclosure that has a solid floor, is not stacked or otherwise placed on top of or below another animal’s enclosure, is cleaned of waste at least once a day while the dog is outside the enclosure, and does not fall below 45 degrees Fahrenheit, or rise above 85 degrees Fahrenheit.
X. “Surgical birth” means birth by cutting through the abdomen and uterus in order to deliver the dog.
XI. “Tail docking” means docking, cutting off, causing or procuring the docking or cutting off of the tail of a dog over 5 days old.
437:24 Requirements.
I. Notwithstanding any other provision of law, any person having custody or ownership of more than 10 female covered dogs for the purpose of breeding those animals and selling any offspring for use as a pet shall provide each covered dog:
(a) Sufficient food and clean water;
(b) Necessary veterinary care;
(c) Sufficient housing, including protection from the elements;
(d) Sufficient space to turn and stretch freely, lie down, and fully extend his or her limbs, including:
(1) Sufficient indoor space for each dog to turn in a complete circle without any impediment, including a tether;
(2) Enough indoor space for each dog to lie down and fully extend his or her limbs and stretch freely without touching the side of an enclosure or another dog;
(3) At least one foot of headroom above the head of the tallest dog in the enclosure; and
(4) Where the length of the dog measured from the tip of the nose to the base of the tail:
(A) at least 12 square feet of indoor floor space per each dog up to 25 inches long;
(B) at least 20 square feet of indoor floor space per each dog between 25 and 35 inches long; and
(C) at least 30 square feet of indoor floor space per each dog for dogs 35 inches and longer.
(e) Regular exercise; and
(f) Adequate rest between breeding cycles.
III. Notwithstanding any other provision of law, no person shall have custody of more than 50 covered dogs for the purpose of breeding those animals and selling any offspring for use as a pet.
IV. Debarking, tail docking, and surgical birth is prohibited unless performed under general anesthesia by a licensed veterinarian.
437:25 Duties of the Commissioner.
I. The commissioner of the department of agriculture, markets, and food, or designee, including any duly appointed agent of any humane society, S.P.C.A. incorporated in the state of New Hampshire, or animal control officer, is hereby authorized on the commissioner’s own initiative or pursuant to complaints of other persons to investigate complaints made pursuant to this section.
II. The commissioner of the department of agriculture, markets, and food may adopt rules under RSA 541-A for procedures for investigations of complaints as necessary to carry out the provisions of this chapter.
437:26 Penalties.
I. Any person who violates this subdivision shall be guilty of a class A misdemeanor and each violation shall constitute a separate offense. If any violation of this subdivision meets the definition of animal cruelty in RSA 644:8, the defendant may be charged and penalized under that section instead.
II. Any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine not to exceed $1000 for each violation.
437:27 Applicability of Other Laws.
I. The provisions of this subdivision shall be in addition to, and not in lieu of, any other state and federal laws protecting animal welfare.
II. This subdivision shall not be construed to:
(a) Limit any state law or regulation protecting the welfare of animals, nor shall anything in this subdivision prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations in addition to this subdivision.
(b) Place any numerical limits on the number of dogs a person may own or control when such dogs are not used for breeding those animals and selling any offspring for use as a pet.
(c) Apply to a dog during examination, testing, operation, recuperation, or other individual treatment for veterinary purposes; during lawful scientific research; during transportation; during cleaning of a dog’s enclosure; during supervised outdoor exercise; or during any emergency that places a dog’s life in imminent danger.
(d) Apply to any retail pet store; animal shelter as defined in RSA 437:2; hobby or show breeders who have custody of no more than 10 female covered dogs for the purpose of breeding those dogs and selling any offspring for use as a pet; or dog trainer who does not breed and sell any dogs for use as a pet.
(e) Limit hunting or the ability to breed, raise, or sell hunting dogs.
2 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2976
12/21/11
SB 370-FN - FISCAL NOTE
AN ACT relative to the breeding of dogs for sale or transfer.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch and Department of Justice. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.