Bill Text: HI SB2120 | 2024 | Regular Session | Introduced
Bill Title: Relating To Pet Sales.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2024-03-08 - Re-referred to AGR, JHA, referral sheet 18 [SB2120 Detail]
Download: Hawaii-2024-SB2120-Introduced.html
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THE SENATE |
S.B. NO. |
2120 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to pet sales.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
In some instances, pet animals sold in pet stores are often obtained from large-scale commercial breeders, also known as puppy mills, that do not provide sanitary or humane living conditions for their animals. Presently, puppy mills are not regulated in the State, placing animals raised in dangerous conditions at risk. Some puppy mills are hidden from public view, leaving many prospective owners unaware of the animals' living conditions. There are no existing laws that require owners of puppy mills to be subject to regular inspections. Additionally, some animals enter the State from countries exempt from quarantine restrictions, preventing any oversight or inspection of puppy mill operations.
The legislature further finds that there are responsible and ethical breeders who sell their animals directly to the public. Some breeders operate a transparent process to prospective pet owners, who are invited to visit and observe where and how the animals are bred and raised. Creating a transparent process not only ensures the care and safety of pet animals, but also creates consumer protections for prospective owners.
Accordingly, the purpose of this Act is to require retail stores that sell pet animals to:
(1) Maintain records regarding the source and medical history of animals sold; and
(2) Provide records to pet purchasers and, upon request, to county law enforcement agencies.
SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§143- Retail sales of pet animals; documentation. (a) A retail pet store shall
maintain records sufficient to document the source and medical history of each
pet animal obtained by the store for at least three years following the date
the store obtained the pet animal. This
documentation shall contain:
(1) The name and business or residence address
of the breeder or broker, or both;
(2) A description of the pet animal,
including species, age, gender, coat type, color, and breed or breeds, if known;
(3) A copy of records containing
information regarding the pet animal's microchip, vaccinations, medical
diagnosis, medications, or surgical treatment, or medications administered to
the pet animal before transfer or sale to the retail pet store and while owned
by the pet store; and
(4) One or more separate photographs of
each pet animal obtained or purchased by the retail pet store.
(b) The retail pet store shall
require the breeder or broker, or both, to verify their identity by presenting:
(1) A general excise tax license or
business license and certificate of good standing issued by the department of
commerce and consumer affairs; and
(2) A valid photo identification card
issued by a federal or state government agency authorized to issue valid
identification.
(c)
The retail pet store shall
retain physical copies of the following documentation at its place of business:
(1) A copy of the department of
agriculture shipment records and shipping invoice for pet animals purchased
from a foreign breeder or broker; and
(2) A copy of the business license or
general excise tax license and photo identification card of the breeder or broker,
or both, as specified in subsection (b).
(d) A retail pet store engaged in
the sale of pet animals shall provide the records required by subsection (a) pertinent
to the respective pet animal to the purchaser of that pet animal before any
sale is finalized.
(e) A retail pet store shall, upon
request, provide the records maintained under subsections (a) and (b) to county
law enforcement or the animal control services agency or contractor for the
county in which the retail pet store is located. All retail pet stores shall submit records
annually to the county's animal control services agency or contractor in which
the retail pet store is located by July 1 of each year.
(f) Any person who violates this
section shall be guilty of a civil penalty of not less than $1,000 and shall be
prohibited from selling pet animals for a period of at least one year. Each pet animal sold or offered for sale in
violation of this section shall constitute a separate violation. All fines collected upon a violation of this
section shall be paid into the treasury of the county where the violation
occurred.
(g) No retail pet store shall sell or offer for sale any pet animal unless the retail pet store was in operation in the State prior to January 1, 2025; provided that the retail pet store operates in the same location under the same ownership in effect as of January 1, 2025.
(h) Nothing in this section shall prohibit a
retail pet store from showcasing dogs or cats owned by a nonprofit animal
welfare organization.
(i) For the purposes of this
section:
"Breeder" means the person who breeds pet animals.
"Broker" means a person who resells pet animals from breeders
to retail pet stores.
"Pet animal" has the same meaning as defined in section
711-1100.
"Retail pet store" means a commercial establishment that
engages in a for-profit business of selling at retail pet animals to the
public."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2025.
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INTRODUCED BY: |
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Report Title:
Pet Sales; Pet Animals; Documentation; Animal Control; Consumer Protection
Description:
Beginning January 1, 2025, establishes provisions relating to retail pet sales. Authorizes retail pet stores to showcase pet animals owned by a nonprofit animal welfare organization.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
