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 department of agriculture of the state of New Hampshire.
Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.
In this subdivision:
I. "Animal shelter facility" means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned, operated and maintained by a duly incorporated humane society, animal welfare society,society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding ve terinarians, who contracts with a municipality to serve that function.
II. "Department" means the state department of agriculture.
III. "Pet shop" means any establishment licensed to keep, maintain and sell certain live animals, birds and fish at retail to the public.
IV. "S.P.C.A." means the Society for the Prevention of Cruelty to Animals.
Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.
Applications for licenses shall be made annually in writing to the department accompanied by a license fee of $50. After January 1, the l icense fee shall be $25. 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. Such licenses shall be in the form prescribed by the department, shall be publicly displayed at the premi ses covered by them and adjacent to the animals display cages. Each such license shall be subject to revocation at any time by the department, if in the judgement of the department the conditions under which it was issued are not being maintained. Each license 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 responsible time. All license fees shall be deposited in the state treasury.
Source. 1985, 72:1, eff. July 1, 1985.
No licensee under this subdivision shall sell, offer for sale, place or give away 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 care or possession or under his control.Source.
1985, 72:1, eff. July 1, 1985
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 also include health precautions in the case of birds and animals which are offered for sale, displayed, kept placed or given away in stores or shopping facilities where food or drink of any kind is sold, prepared or served.
III. Medical treatment and use of controlled drugs on any animal or bird under the care or possession or under the control of any lice nsee other than a veterinarian may be administered only under the direction and supervision of a veterinarian for the purposes of this subdivision.
Source. 1985, 72:1, eff. July 1, 1985.
Any licensee hereunder shall furnish to the department such information relative to the selling, placing or giving away of animals or birds provided herein or relative to the maintenance of the premises used for such purposes as may be required by the department. Source. 1985, 72:1, eff. July 1, 1985.
The license provisions of this subdivisi on shall not apply to breeders of dogs licensed under the provisions of RSA 466:6; veterinarians; owners and operators of horse riding stables; and auctioneers, breeders or keepers of farm animals.
Source. 1985, 72:1, eff. July 1, 1985.
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 depart men t or any official representative of the department may make said inspections at any reasonable time.
Source. 1985, 72:1, eff. July 1, 1985.
Notwithstanding the provisions of RSA Title LXII, any person, firm, corporation or entity violating any of the provisions of this subdivision shall be guilty of a misdemeanor and shall be fined not less than $100 for the first violation, $250 for the second violation and $500 for each succeeding violation. In addition, once a license has been revoked under the provisions of RSA 437:3, th e d epartment 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.
Source. 1985, 72:1, eff. July 1, 1985.
