HB 0438

This bill allows only licensed breeders to offer dogs or cats for sale. Licensed breeders are those licensed for a fee by the department of agriculture, markets, and food after passing an exam administered by a licensed veterinarian. This bill also provides for a penalty.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Sale of Dogs and Cats; Importation Into State for Sale and Resale. Amend RSA 437:10, IV to read as follows:

IV. [~~No person, firm or corporation shall ship or bring into the state of New Hampshire, to offer for sale or resale in the state of New Hampshire, any cat or dog less than 8 weeks of age.~~] No licensee shall offer for sale or resale any cat or dog less than 8 weeks of age.

2 New Paragraphs; Importation for Resale Prohibited; Sale of Dogs and Cats by Breeders Only. Amend RSA 437:10 by inserting after paragraph V the following new paragraphs:

VI. Dogs and cats may not be imported into the state for purposes of resale to the public.

VII.(a) Only breeders licensed under this paragraph may offer dogs or cats for sale. The application for licensure under this paragraph shall be on a form developed and provided by the department of agriculture, markets, and food. A passing grade on an exam administered by a licensed veterinarian, certifying that the breeder has a basic understanding of dog or cat care specific to the breed or breeds of dog or cat, as the case may be, that the breeder intends to offer for sale, shall be submitted with a completed license application, along with an application fee of $75, to the department. Such exams shall be those developed by the American Kennel Club (AKC) or by licensed veterinarians. A breeder license may be revoked by the department for violation of any law governing the breeding or sale of dogs or cats. Such license shall be valid for a period of 2 years. Licenses shall be renewable upon proper application and payment of a fee of $75. Completion of a breeder exam shall not be required for license renewal. A veterinarian may charge up to $25 for administering a breeder exam.

(b) Licensed breeders shall maintain a record of litters. Such record shall be subject to inspection by the commissioner of agriculture, markets, and food, the state veterinarian, or their designees. Such records shall include a numerical designation, assigned to each puppy or kitten by a licensed veterinarian, which shall include the number of the litter of the breeder, the number of the puppy or kitten within the litter, and the breeder's license number.

The Department of Agriculture, Markets, and Food states this bill will have an indeterminable fiscal impact on state revenue and expenditures in FY 2002 and each year thereafter. There will be no impact on county and local revenue or expenditures.

The Department states this bill would allow only licensed breeders to sell dogs or cats in the State of New Hampshire. Breeders would be charged a license application fee of $75 every two years, and may be charged an exam fee of up to $25 by the State Veterinarian to administer the exam developed by either the American Kennel Club or by licensed veterinarians. Revenues from these two sources would be deposited into the general fund. The Department states the amount of revenue is indeterminable since the number of dog and cat breeders in the State is unknown. In addition, there are currently 80 pet shops licensed by the Department for a fee of $50 per year, totaling $4,000 annually in revenue to the general fund. The Department states these pet shops would be closed, decreasing general fund revenue from these sources by $4,000 annually.

The Department further states they would have to develop an application form for breeders to sell dogs or cats, and have the Commissioner of the Department inspect records of these breeders. The cost of administration and record inspection cannot be determined by the Department due to the unknown number of breeders in the State.