Bill Text: NH HB325 | 2011 | Regular Session | Introduced
Bill Title: Relative to the purchase of ill animals from licensed animal vendors and inspections of animal vendor premises by the state veterinarian.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-10-11 - House Retained Bill - Executive Session: 10/25/2011 10:00 Amendment Legislative Office Building 303 [HB325 Detail]
Download: New_Hampshire-2011-HB325-Introduced.html
HB 325-FN – AS INTRODUCED
2011 SESSION
08/03
HOUSE BILL 325-FN
AN ACT relative to the purchase of ill animals from licensed animal vendors and inspections of animal vendor premises by the state veterinarian.
COMMITTEE: Environment and Agriculture
This bill:
I. Requires health certificates for the transfer of certain animals.
II. Requires inspections of facilities that transfer certain animals.
III. Allows transferees of certain animals that fail veterinary examinations to knowingly accept said animals.
IV. Provides penalties for licensees that fail inspection or transfer sick animals.
This bill is a request of the state veterinarian.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0093
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the purchase of ill animals from licensed animal vendors and inspections of animal vendor premises by the state veterinarian.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Licensed Animal Vendors. RSA 437:1-13 are repealed and reenacted to read as follows:
437:1 Licenses.
I. No person shall act as a pet vendor, with or without a fee or donation required, unless the premises on which the animals 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 subdivision shall also apply to high-volume pet breeders; to any person acting as a broker; and to any person engaged in livestock or equine rescue. This subdivision shall apply whether or not a facility or operation is owned by the licensee in New Hampshire when transfer to the final owner occurs within New Hampshire. These provisions shall not effect the provisions of RSA 437:1, IX.
II. Applications for licenses shall be made annually to the department on a form prescribed by the department accompanied by a license fee of $350. A license shall be issued if after inspection the department finds that the facility or operation and all of the equipment used for animal handling thereon meet the proper standards for health and sanitation as outlined in the attendant statute and rules, that their use will not result in inhumane treatment of said animals or birds, and proof is provided with the application, and that the zoning enforcement official of the municipality wherein such facility is to be maintained has certified that the facility conforms to the municipal zoning regulations.
III. Licenses shall expire on June 30 following issue, and may be renewed on application to the department accompanied by a renewal fee of $350. If a renewal application is late, it shall be accompanied by a $50 late fee.
IV. Such licenses shall be in the form prescribed by the department and shall be publicly displayed at the premises covered by them and adjacent to animal display cages.
V. 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.
VI. The physical premises of each facility so licensed and located in the state of New Hampshire shall be inspected by an employee of the department or by a person appointed by the department in accordance with RSA 437:6.
VII. Upon receipt of a written complaint alleging violation of this subdivision, the department shall investigate said complaint within a reasonable time. An employee or agent or anyone otherwise affiliated with an RSA 437 licensee shall not be eligible to inspect another licensee within a 50 mile radius of the licensee’s place of business.
VIII. All license fees shall be deposited in the general fund.
IX. The license provisions of this subdivision shall not apply to foster facilities, so long as at least one facility or operation within the organization’s network of facilities is licensed and the licensee submits annual reports on the conditions in each foster facility that has housed or harbored animals during that year.
X. The license provisions of this subdivision shall not apply to breeders of dogs or cats that are not pet vendors as defined in RSA 437:2, I; veterinarians; owners and operators of horse riding stables; and auctioneers, breeders, or keepers of farm livestock.
437:2 Definitions. In this subdivision:
I. “Pet vendor” means any person who transfers ownership of 10 or more litters of dogs or cats or more than 50 animals or birds customarily used as household pets during any 12 month period.
II. “Facility or operation” means any land, premises, shed, barn, building, trailer, vehicle, or designated area used or intended for use as part of the pet vendor’s or high-volume pet breeder’s business, including the breeding, housing, exercise, care, or transfer of the animals.
III. “Department” means the department of agriculture, markets, and food.
IV. “Transfer” means transfer of ownership of live animals, birds, or fish from any person to a member of the public with or without a fee.
V. “Licensee” means a high-volume dog breeder, pet vendor, broker, or livestock or equine rescue that has received a license from the department pursuant to this subdivision.
VI. “Veterinarian” means an individual licensed as a veterinarian under RSA 332-B.
VII. “Livestock” means livestock as defined in RSA 21:34-a, II(a)(4).
VIII. “Broker” means a person that arranges transfer of ownership of animals typically used as household pets between 2 parties.
IX. “Animal shelter facility” means any rescue, sanctuary, humane organization, or animal welfare organization that is a nonprofit entity registered with the Internal Revenue Service as a 501(c)(3) organization; licensed as a pet vendor pursuant to RSA 437:1; and with a facility or operation in New Hampshire.
X. “Foster facility” means a facility or operation within the network of a licensed animal shelter, rescue, or sanctuary at which an animal within the network is being housed or harbored. The right to display and to transfer ownership of said animal is reserved to facilities with a current license.
437:3 Prohibition.
I. 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 nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.
II. A transferee may accept a dog, cat, or ferret that has failed the veterinarian exam as prescribed in RSA 437:10, I by signing a waiver that indicated the transferee has knowledge of the animal’s medical condition and submitting such waiver to the licensee and the state veterinarian.
III. Medical treatment and use of controlled drugs on any animal or bird under the care or possession or under the control of any licensee other than a veterinarian may be administered only under the direction and supervision of a veterinarian.
437:4 Rulemaking.
I. The department may adopt rules, under RSA 541-A, relative to health and sanitation standards to effectuate the purposes of this subdivision.
II. The rules shall include health precautions in the case of birds and animals which are offered for transfer, displayed, kept, or placed in stores or shopping facilities where food or drink of any kind is sold, prepared, or served.
437:5 Information to be Furnished. Any licensee hereunder shall furnish to the department such information relative to the selling, placing, or giving away of animals or birds as provided herein or relative to the maintenance of the premises used for such purposes as may be required by the department.
437:6 Inspections. Inspections of all premises as described in RSA 437:1, II shall be made at reasonable times, no less frequently than every 6 months. If a licensee has 6 consecutive inspections with no significant deficiencies noted by the inspector, the department may reduce the number of inspections of said licensee to once per year. All inspections are to be unannounced. All licensees shall maintain a minimum of 8 regularly posted open business hours per week, any time Monday through Friday to accommodate said inspections. Any duly appointed person acting under the authority and direction of the department or an official representative of the department may make said inspections at any reasonable time. Licensees without a facility or operation in New Hampshire shall be exempt from facility inspection, though interstate health certificates or official health certificates for every imported animal handled by the licensee shall be submitted to the department for review within one month of the date of writing of the certificate.
437:7 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. Any person who violates any provision of this subdivision may have his or her license suspended or revoked by the commissioner. Once a license has been revoked 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.
437:8 Official Health Certificate.
I. No dog, cat, or ferret shall be transferred by any person in the state or out of the state with or without a fee without first being inoculated against infectious diseases using a vaccine approved by the state veterinarian, in accordance with the most current, age-appropriate recommendations for core vaccines from the American Animal Hospital Association Canine Vaccine Task Force for dogs, American Association of Feline Practitioners Feline Vaccine Advisory Panel for cats, or state veterinarian for ferrets, and unless accompanied by an official health certificate issued by an accredited veterinarian as defined by RSA 436:93 within 14 days. Said health certificate shall be in triplicate, of which one copy shall be sent to the state veterinarian, one copy shall be kept by the person transferring ownership of said dog, cat, or ferret for a period of at least 3 years, and one copy shall be given to the new owner. If an official health certificate is produced, it shall be prima facie evidence of transfer.
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, or ferret, the age, sex, breed, of and description of the dog, cat, or ferrets, a list of all types of vaccines or medication administered to the dog, cat, or ferret, the number of the permanent identification required by RSA 437:13, II, and the certification of the veterinarian that the dog, cat, or ferret is free from visual evidence of any communicable diseases including kennel cough (infectious tracheo bronchitis) and external parasites. In accordance with the most current, age-appropriate recommendations of the Companion Animal Parasite Council, the dog, cat, or ferret, must also have either a fecal exam that is negative for common internal parasites or a full course of therapy that would be effective in eliminating such parasites.
III. 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 shall 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 vaccination 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.
IV. No person 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. All animals imported into the state of New Hampshire that are not transported by the licensee shall be imported by a transporter currently licensed and inspected by the United States Department of Agriculture in accordance with the Animal Welfare Act.
V. No licensee shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
VI. Once an animal intended for transfer has entered the state, it shall be held by a licensee in a licensed facility for a minimum of 7 days separated from other animals on the premises before being offered for transfer.
437:9 Notice and Hearing. No license shall be suspended or revoked until a hearing is held before the commissioner of agriculture, markets, and food. Written notice of such a hearing shall be given to the licensee at least 10 days before said hearing. The notice shall be by certified mail and shall state the date, time, and place of hearing and set forth the charges against the licensee. Decisions of the commissioner shall be subject to rehearing and appeal in the manner prescribed by RSA 541.
437:10 Examination by Accredited Veterinarian.
I. Within 14 days of transfer, the transferee of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by an accredited veterinarian as defined by RSA 436:93 selected by the transferee and, unless said examination indicates the dog, cat, or ferret to be free of disease, the transferee shall be entitled to substitution or, at the transferee’s option, a full refund of the purchase price of the dog, cat, or ferret, if applicable, upon return of the dog, cat, or ferret to the licensee within 2 business days of said examination, accompanied by the veterinarian’s certificate.
II. This section shall not apply to an animal transferred from any location other than a licensed facility or operation.
437:11 Disaster Plan. Each facility or operation must include a statement on its license application that it has a written plan for disaster response and recovery, including structural damage, electrical outages, and other critical system failures. Said plan shall be available for inspection by the department upon request.
437:12 Veterinary Medical Care. Each licensee shall maintain a written program of disease control and prevention, euthanasia, and adequate veterinary care. Said program shall be approved by the licensee’s veterinarian-of-record and available for inspection by the department upon request.
437:13 Dogs, Cats, and Ferrets.
I. All dogs, cats, and ferrets transferred by pet vendors in the state of New Hampshire shall have a form of positive identification, including a tattoo, microchip, or any other permanent form of identification approved by the commissioner of agriculture, markets, and food; shall be vaccinated against rabies in accordance with RSA 436:100; and shall be accompanied by an official health certificate if the dog, cat, or ferret was imported into the state for transfer.
II. Any pet vendor that takes possession of an animals where an owner is not known shall inspect said animal 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.
III. 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 437:7, I-II. The commissioner shall adopt rules under RSA 541-A relative to the procedures for such investigations.
2 Reference Changed; Vivisection Prohibited. Amend RSA 437:22, I to read as follows:
I. It shall be unlawful for any agent acting on behalf of an animal shelter facility as defined in [RSA 437:2, I] RSA 437:2, IX or an animal care center as defined in RSA 437:18, III, to give, release, sell, trade, or transfer with or without a fee any live animal brought, caught, detained, obtained, or procured by any means, to any association, corporation, individual, educational institution, laboratory, medical facility, or anyone else, for the purpose of experimentation or vivisection.
3 Repeal. RSA 437:13-a, relative to health certificates for cats, is repealed.
4 Subdivision Heading; Importation and Sale. Amend RSA 437 by deleting the subdivision heading “Importation and Sale” following RSA 437:9.
5 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0093
Revised 01/26/11
HB 325 FISCAL NOTE
AN ACT relative to the purchase of ill animals from licensed animal vendors and inspections of animal vendor premises by the state veterinarian.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2011 through 2015.
