CHAPTER 23
HB 1367 – FINAL VERSION
2014 SESSION
08/03
HOUSE BILL 1367
AN ACT relative to the sale of birds.
SPONSORS: Rep. Notter, Hills 21; Rep. Rideout, Coos 7; Rep. Peterson, Hills 21; Rep.?Baldasaro, Rock 5; Rep. Tucker, Rock 23; Rep. Burt, Hills 6; Rep. LeBrun, Hills 32; Rep. L. Ober, Hills 37
COMMITTEE: Environment and Agriculture
This bill exempts birds from certain provisions regarding the sale and transfer of animals.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2024
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the sale of birds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
23:1 Transfer of Animals; Inspections. Amend RSA 437:8 to read as follows:
437:8 Inspections. Each licensee’s facilities shall be inspected by a employee of the department or by a person appointed by the department at reasonable times determined by the department and no less frequently [that] than once a year with the possibility of additional random inspections. 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, [bird,] 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.
23:2 Importation and Sale of Animals. Amend RSA 437:10, I to read as follows:
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. No dog, cat, [bird,] or ferret shall be offered for transfer by a licensee unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer shall occur unless the transferred animal [or bird] is accompanied by a health certificate issued within the prior 14 days. 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.
23:3 Health Certificates for Dogs and Cats. Amend the subdivision heading preceding RSA 437:13-a to read as follows:
Health Certificate for Dogs, Cats, [Birds,] and Ferrets
23:4 Health Certificates for Dogs and Cats. Amend RSA 437:13-a to read as follows:
437:13-a Health Certificate for Dogs, Cats, [Birds,] and Ferrets.
I. No dog, cat or ferret shall be transferred by any person in the state or out of the state for a fee without first being inoculated against infectious diseases using a vaccine approved by the state veterinarian. No dog, cat, [bird,] or ferret shall be transferred by any person in the state or out of the state for a fee unless accompanied by an official health certificate issued by a licensed veterinarian within 14 days. Said health certificate shall be in triplicate, of which one copy shall be sent to the state veterinarian in accordance with RSA 437:8, one copy shall be kept by the person transferring ownership of said dog, cat, [bird,] or ferret for a period of at least 3 years, and one copy shall be given to the new owner.
II. For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the person transferring ownership of the dog, cat, [bird,] or ferret, the age, sex, breed, and description of the dog, cat, [bird,] or ferret, a list of all types of vaccines or medication administered to the dog, cat, [bird,] or ferret, and the certification of the veterinarian that the dog, cat, [bird,] or ferret is free from visual evidence of any communicable diseases or internal or external parasites.
III. No person shall transfer or cause to be transferred any dog, cat, [bird,] or ferret less than 8 weeks of age.
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 transferring dogs, cats, [birds,] or ferrets except that all dogs, cats, [birds,] or ferrets 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 dogs, cats, and ferrets shall be vaccinated against rabies in accordance with RSA 436. All dogs, cats, [birds,] or ferrets shall be accompanied by an official health certificate if the dog, cat, [bird,] or ferret was imported into the state for transfer with or without a fee.
V. The commissioner of the department of agriculture, markets, and food or designee is hereby authorized on the commissioner’s own initiative or pursuant to complaints of other persons to investigate any complaints made pursuant to this section and to enforce the penalties of RSA 437:13-a, VI. The commissioner shall adopt rules under RSA 541-A relative to the procedures for such investigations.
VI.(a) Any person who violates this subdivision shall be guilty of a misdemeanor.
(b) In addition, 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 levied by the commissioner not to exceed $1,000 for each violation.
23:5 Effective Date. This act shall take effect January 1, 2015.
Approved: May 23, 2014
Effective Date: January 1, 2015