SB399: relative to the sale of animals.

CHAPTER 107

SB 399-FN – FINAL VERSION

02/05/04 0139s

15Apr2004… 0998h

2004 SESSION

04-3118

08/09

SENATE BILL 399-FN

AN ACT relative to the sale of animals.

SPONSORS: Sen. Roberge, Dist 9; Sen. Johnson, Dist 2; Sen. Morse, Dist 22; Rep. Rausch, Rock 77

COMMITTEE: Wildlife and Recreation

AMENDED ANALYSIS

This bill clarifies that the standards that apply to the retail sales of animals also apply to commercial kennels. The bill increases certain licensing fees and changes the penalty for violations of laws regarding sale of animals.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/05/04 0139s

15Apr2004… 0998h

04-3118

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the sale of animals.

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

107:1 Sale of Animals; License. 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.

107:2 New Paragraph; Commercial Kennel Definition. Amend RSA 437:2 by inserting after paragraph I the following new paragraph:

I-a. “Commercial kennel” means any person, business, corporation, or other entity that sells or transfers 10 or more litters or 50 or more puppies in any 12-month period.

107:3 Licensing Fees; Increase. Amend RSA 437:3 to read as follows:

437:3 Licenses. Applications for licenses shall be made annually in writing to the department accompanied by a license fee of [$50] $200. After January 1, the license fee shall be [$25] $100. If after inspection the department finds that the premises, cages and facilities thereon meet the proper standards for health and sanitation and that their use will not result in inhumane treatment of said animals or birds, a license shall be issued. Licenses shall expire on June 30 following issue, and may be renewed on application to the department accompanied by a renewal fee of [$50] $200. Such licenses shall be in the form prescribed by the department, shall be publicly displayed at the premises covered by them and adjacent to animal display cages. Each such license shall be subject to revocation at any time by the department, if in the judgment of the department the conditions under which it was issued are not being maintained. Each licensee shall be inspected by an employee of the department or by a person appointed by the department no less frequently than every 6 months. Upon receipt of a written complaint alleging violation of this subdivision, the department shall investigate said complaint within a reasonable time. All license fees shall be deposited in the state treasury.

107:4 Sale of Animals; Penalty. RSA 437:9 is repealed and reenacted to read as follows:

437:9 Penalty.

I. Any person who violates any provision of this subdivision shall be guilty of a misdemeanor.

II. 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.

III. Once a license has been revoked under the provisions of RSA 437:3, the department may require that all animals and birds located on the premises for which such license was revoked shall be removed by the licensee from said premises within 3 working days after said revocation and be relocated to a safe and sanitary place approved by the department.

107:5 Effective Date. This act shall take effect January 1, 2005.

(Approved: May 17, 2004)

(Effective Date: January 1, 2005)