Here is the amended version of NH HB 142 which passed the House
sub-committee yesterday. Hopefully the new text which should be in
red italics. Regular text is already current law.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the sale of out-of-state animals.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
1 Sale of Animals and Birds; License Required. 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 or the business of importing for sale, resale, or transfer,
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 and to any person, firm, corporation, or other
entity engaged in the business of, including activity as a broker,
selling, placing, giving away or importing live animals or birds
customarily used as household pets for sale, resale, or transfer to the
public, with or without a fee required, and whether or not a physical
facility is owned by the licensee in New Hampshire when the transfer
to the final owner occurs within New Hampshire. These provisions do
not nullify or supercede the exemption contained in RSA 437:7.
2 Bird and Animal Inspections. Amend RSA 437:8 to read as follows:
437:8 Inspections. Inspections of all premises as described in RSA
437:1 shall be made at reasonable times, but in no case less frequently
than every 6 months. Any duly appointed agent of any humane society or
S.P.C.A. incorporated in the state of New Hampshire 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 physical facility in New Hampshire shall be exempt
from facility inspection, though interstate health certificates or
official health certificates for every imported dog, cat 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.
3 Health Certificate for Cats. Amend RSA 437:13-a, IV to read as
follows:
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 selling or transferring cats except that
all cats 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 shall be vaccinated against rabies in accordance with
RSA 436, and shall be accompanied by an official health certificate
if the cat was imported into the state for transfer or without a fee.
4 Breeder's Health Certificate. Amend RSA 466:6-a, IV to read as
follows:
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 selling or transferring dogs except that
dogs which have been imported into the state for transfer with or
without a fee shall be accompanied by an official health certificate.
5 Dogs, Cats and Ferrets. Amend RSA 437:10, III(c) to read as follows:
(c) All animal shelters shall comply with the provisions of RSA
437:13-a, IV and RSA 466:6-a, IV.
6. Definitions. Amend RSA 437:2 to add after RSA 437:2, IV, the
following section:
V. For the purposes of this chapter "broker" means any individual or
entity acting as agent or intermediary in negotiating, buying, selling,
or transfer of dogs, cats, or ferrets when transfer to the final owner
occurs within New Hampshire.
7. Effective Dates. This act shall take effect 60 days after its
passage.
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[Posted in FML 5519]
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