Cat and dog fanciers presented a well-planned opposition to the New Hampshire Environment and Agriculture Committee during a public hearing held on March 5th on House Bill 1102-FN. It is a bill of first impression in the country that would amend the state’s animal cruelty statute to include:
“(h) Sells an animal that has a birth deformity that causes suffering, such as brachycephaly, or the intentional breeding with the intent to sell, 2 individual animals with the same birth deformity that causes suffering, such as brachycephaly”.
Since January, the CFA Legislative Group collaborated with TICA, AKC, and local fanciers and submitted CFA’s opposition letter. The fanciers had a significant impact based on the comments from the work session the following day. Several members echoed Committee Chair Judy Aron’s sentiment that New Hampshire breeders do a great job of breeding ethically. Representative Barbara Comtois, who owned three breeds of brachycephalic dogs and is a former dog breeder, commented that New Hampshire already has excellent laws, so they don’t hear about these issues much. Representative Catherine Kenny has worked with several breeders over her career in the veterinary field and found them to be devoted to their animals and conscientious about their health. She also said breeders and veterinarians could address this issue better than legislation. Others commented that proving intent would be an issue, and more than one commented that they learned a lot, especially that brachycephaly alone was not a deformity.
Kudos to the local cat and dog fanciers for their efforts! Fanciers can watch the public hearing and the work session beginning at the time 1:51:15. The bill is due out of committee by March 21st but could be voted on in the executive session on March 13th, 2024.
UPDATE
On March 13, 2024, the House Environment and Agriculture Committee voted 14:6 to report HB 1102-FN as inexpedient to legislate. Many thanks to all who fought this bill! If the House votes to adopt the committee report, the bill will be officially killed, although the Sponsor may attempt to offer an amendment before this process is complete.
To all New Hampshire exhibitors, cat clubs, breeders, and pet lovers.
Hearing Date: Tuesday, March 5, 2024, 1:00 p.m. Eastern
New Hampshire House Environment and Agriculture Committee
NOTE: The deadline for submission of written comments is the end of Monday, March 4, 2024.
As you know, New Hampshire HB 1102-FN would amend their animal cruelty statute to criminalize anyone who “Sells an animal that has a birth deformity that causes suffering, such as brachycephaly, or the intentional breeding with the intent to sell, 2 individual animals with the same birth deformity that causes suffering, such as brachycephaly.” This would ban popular breeds such as Persians, Exotics, Burmese, etc.
PLEASE CONTACT the New Hampshire House Environment and Agriculture Committee. Contact information may be found on the CFA blog at: https://cfalegislativegroup.wordpress.com
SUGGESTED COMMENTS: CFA has sent a letter in OPPOSITION to the committee. The text of the CFA letter follows this alert. Additional suggestions may be found in our previous alert, or use points in opposition outlined in the AKC alerts modified to relate to cats as applicable.
If you have additional questions please contact me and copy the rest of the team working on this matter. Please copy each of us on your messages so that we can assist you more quickly. Please include Sharon A Coleman sharonacoleman@aol.com, Kelly Crouch kcrouch512@gmail.com, and Alene Shafnisky sinend.ta@gmail.com; along with myself.
Please forward this message to anyone who might help.
Re: HB 1102 “relative to the definition of animal cruelty”
Hearing date March 5, 2024 OPPOSE
Dear Committee Members:
I am writing on behalf of The Cat Fanciers’ Association, Inc. (CFA)[1] in opposition to HB 1102, “relative to the definition of animal cruelty”. We oppose the bill as written and submit the following in OPPOSITION.
The Cat Fancier’s Association supports the well-being of all cats and responsible breeding practices for cats. However, this bill seeks to criminalize the sale and breeding of brachycephalic cats, by defining them as suffering from a “birth deformity.” This bill not only creates criminal offenses but positions them within the animal cruelty offenses that are subject to additional consequences, both statutory and otherwise where convictions, in addition to incarceration and fines, may bar employment, licensing, or other benefits or eligibility for individuals who did no harm to animals or otherwise.
Other alleged deformities in cats and dogs are criminalized in the bill but are not defined. In humans or animals, brachycephaly refers only to the shape of the head and the ratio of the short length to longer distances of the head width. It is just a description of the heads of certain breeds of animals and can appear both pathologically or non-pathologically as a result of normal variation in skull shape. It is not, by itself, a “birth deformity.” Brachycephaly is perceived as a cosmetically desirable trait in some domesticated dog and cat breeds. While these breeds have unique physical characteristics, labeling brachycephaly as a “birth deformity that causes suffering” vastly oversimplifies the issue. Additionally, the word “suffering” is the keyword of European political radicals seeking to eliminate purebred cat breeding, leaving no doubt of eventual intention in New Hampshire.
Among our primary concerns with House Bill 1102 is its failure to acknowledge the complexity of feline genetics. Breeds are developed through selective breeding to emphasize certain traits, whether companionship, or aesthetics. Attempting to categorize an entire group of cats as suffering from a birth deformity trivializes the intricate genetic makeup that defines each breed.
It’s important to recognize that brachycephalic traits are not inherently harmful. Many brachycephalic cats, such as Persians, are among the most popular and these cats lead healthy and happy lives without any veterinary issues. Responsible breeding practices involve addressing potential health issues associated with certain traits, such as potential respiratory difficulties in brachycephalic cats. Instead of criminalizing an entire group of breeds, the focus should be on promoting responsible breeding and providing education on the specific needs of each breed.
The bill’s focus on criminalizing the sale and breeding of cats with perceived birth deformities may inadvertently penalize ethical breeders who actively work to eliminate genetic disorders within their breeding programs. Criminalizing the sale and breeding of cats, especially breeds sought by the public, would intentionally discourage these experienced breeders and encourage the proliferation of backyard breeders who lack the knowledge and commitment to animal welfare.
Moreover, eliminating the breeding and sale of brachycephalic cats overlooks the fact that many responsible breeders prioritize the health and welfare of their animals and actively work to address health concerns through selective breeding and health screening programs. These breeders collaborate closely with their veterinarians to ensure that their cats receive the appropriate care and attention throughout their lives. Rigid laws are not a substitute for the relationship between breeders and their veterinarians, which is essential for promoting responsible breeding practices and ensuring the welfare of the cats. Codifying prejudice against breeds of cats for cosmetic reasons is neither good governance nor animal protection.
We oppose HB 1102 “relative to the definition of animal cruelty” and ask it be rejected by the Committee.
Very truly yours,
George J. Eigenhauser, Jr.
CFA Legislative Coordinator
[FN1 The Cat Fanciers’ Association, Inc. (CFA) is a non-profit organization founded in 1906. As the largest registry of pedigreed cats in the world, CFA’s mission is to “preserve and promote the pedigreed breeds of cats and to enhance the well-being of all cats.” CFA participants, who breed and show pedigreed cats, are active in cat health promotion, cat breed rescue, shelter support, and other animal-related programs throughout the world. CFA is a positive force that has helped to educate the public about proper cat care, spay/neuter, and responsible pet ownership. CFA is proud of its self-regulation programs to encourage high standards of care for cats in multi-cat breeding environments. A voluntary “Cattery of Excellence” program and breeder mentoring program are part of ongoing efforts to ensure responsible breeding and good cattery environments.]
[1] The Cat Fanciers’ Association, Inc. (CFA) is a non-profit organization founded in 1906. As the largest registry of pedigreed cats in the world, CFA’s mission is to “preserve and promote the pedigreed breeds of cats and to enhance the well-being of all cats.” CFA participants, who breed and show pedigreed cats, are active in cat health promotion, cat breed rescue, shelter support, and other animal-related programs throughout the world. CFA is a positive force that has helped to educate the public about proper cat care, spay/neuter, and responsible pet ownership. CFA is proud of its self-regulation programs to encourage high standards of care for cats in multi-cat breeding environments. A voluntary “Cattery of Excellence” program and breeder mentoring program are part of ongoing efforts to ensure responsible breeding and good cattery environments.
To all New Hampshire exhibitors, cat clubs, breeders, and pet lovers.
Hearing Date: Tuesday, March 5, 2024, 1:00 p.m. Eastern
New Hampshire House Environment and Agriculture Committee
NOTE: The deadline for submission of written comments is the end of Monday, March 4, 2024.
New Hampshire HB 1102-FN would amend their animal cruelty statute to criminalize anyone who “Sells an animal that has a birth deformity that causes suffering, such as brachycephaly, or the intentional breeding with the intent to sell, 2 individual animals with the same birth deformity that causes suffering, such as brachycephaly.” This would ban popular breeds such as Persians, Exotics, Burmese, etc. It would also ban any cat with a “deformity that causes suffering” which has been used in other jurisdictions to target breeds such as Scottish Fold, Manx, Sphynx, or even white cats of any breed.
WHAT YOU CAN DO: We are asking New Hampshire cat breeders, exhibitors, fanciers, cat lovers, and clubs to contact their representatives and inform them of your opposition to HB 1102. Please forward this message to your friends, family, pet buyers, veterinarians, or anyone in New Hampshire who values choice in their breed of cats and ask them to submit comments in opposition too. The AKC alert (below) includes the contact information for the members of the New Hampshire House Environment and Agriculture Committee. There is also a link to the online platform to post your opposition. When submitting written comments please note that you are in OPPOSITION to the bill. Please include that in the header, opening sentence, and closing.
SUGGESTED COMMENTS: Brachycephaly refers only to the shape of the head and the ratio of the short length to longer distances of the head width. It is not a “deformity” but a description of the heads of certain breeds of animals or in humans. Brachycephalic cats, such as Persians, are among the most popular and these cats lead healthy and happy lives without any veterinary issues. Responsible breeding practices involve addressing potential health issues associated with certain traits, such as potential respiratory difficulties in brachycephalic cats. Instead of criminalizing an entire group of breeds, the focus should be on promoting responsible breeding and providing education on the specific needs of each breed. You may wish to include pictures or links to videos of healthy Persians, Exotics, etc., living a happy and healthy life. It may help. You may also consider using comments similar to the ones in the AKC alert as they may be applicable to cats.
If you have additional questions please contact me and copy the rest of the team working on this matter. Please copy each of us on your messages so that we can assist you more quickly. Please include Sharon A Coleman sharonacoleman@aol.com, Kelly Crouch kcrouch512@gmail.com, and Alene Shafnisky sinend.ta@gmail.com; along with myself.
Please forward this message to anyone who might help.
From: AKC Government Relations <doglaw@akc.org>Sent: Thursday, February 29, 2024To:Subject: [EXTERNAL] Express Opposition Today to New Hampshire Bill that Seeks to Criminalize Breeders!
Please share this alert with Legislative Liaisons, Club Members, and Responsible Dog Owners in New Hampshire.
On Tuesday, March 5, at 1PM, the New Hampshire House Environment and Agriculture Committee is scheduled to consider HB 1102, “Defining Animal Cruelty,” in a public hearing. The American Kennel Club (AKC) and the New Hampshire Dogs Owners of the Granite State (NH DOGS) are in strong opposition to HB 1102, which describes brachycephaly as a “birth deformity that causes suffering” and would CRIMINALIZE the sale and breeding of brachycephalic dogs and any dog that could be claimed to have a birth deformity. While it may appear that this bill only targets a subset of breeders, its expansive language actually targets breeders of all dogs.
Talking Points in Opposition to HB 1102 (As Introduced):
HB 1102 will devastate New Hampshire’s ability to produce purebred dogs and will establish a dangerous precedent for radical legislative proposals around the country.
HB 1102 inaccurately concludes that all brachycephalic animals, including dogs, suffer from serious health issues. In reality, brachycephaly does not equal unhealthy. Across all dog types, multiple factors can contribute to differences in dogs’ breathing, including physical condition, environment, and genetics. Nevertheless, all breeding of brachycephalic breeds–regardless of respiratory quality, breeder background, fancier status, or club affiliation—will be a criminal act under HB 1102, which will have a chilling effect on all responsible dog breeding.
HB 1102 inaccurately implies that all who breed dogs do so without regard for the dogs’ welfare. Facts demonstrate that responsible purebred dog breeders are passionate about both preserving breed characteristics and producing healthier successive generations
Protecting and promoting responsible breeders and the puppies they produce is a better solution than threatening them with criminal prosecution based on inaccurate information that creates a perverse incentive for New Hampshire residents to buy puppies online that are not protected by New Hampshire consumer protection laws.
By banning intentional breeding when a “birth deformity causes suffering”, HB 1102 targets all breeds regardless of phenotype. Breeding dogs is part art and part science; and despite best efforts, chance plays a part when it comes to inherited disease or health conditions.
HB 1102 is unconstitutionally vague. There is no way to know for each breed type how the provisions of HB 1102 would be interpreted and enforced.
WHAT YOU CAN DO:
All breeders, owners, and residents, along with all AKC-affiliated clubs in New Hampshire are strongly encouraged to contact committee members by email prior to March 5 and, if possible, attend the public hearing in person to demonstrate opposition to HB 1102. Please share your experiences and concerns and feel free to use the talking points above in sharing your opposition to HB 1102.
For all: Use “Oppose HB 1102” in your email subject line.
New Hampshire residents: In your email, identify what city/town you’re emailing from.
Parent clubs: If you have not yet done so, send email with statement of opposition on club letterhead and share that your club is the national expert organization of your breed.
Committee members may be individually contacted as follows:
Anyone opposed can also register their opinion and upload/submit testimony to NH House Environment and Agriculture Committee via this online platform up until midnight on March 4, 2024. Please note that Information and testimony submitted on this form is entered into the public record for each piece of legislation and will be considered public records subject to disclosure under New Hampshire’s Right to Know Law. Do not submit any personal information you do not wish to disclose publicly.
Those in opposition to HB 1102 are strongly encouraged to appear alongside representatives of AKC and NH DOGS at the March 5 committee hearing to express their opposition. HB 1102 is scheduled to be considered at 1PM in Room 301-303 of the Legislative Office Building, 33 North State Street, Concord, New Hampshire 03301. When you arrive, sign in stating your opposition and fill out a pink card if you would like to speak.
FOR MORE INFORMATION:
AKC and NH DOGS strongly encourage you to join in the fight against this radical legislation. For more information on HB 1102 or how you can help in the fight against it, contact AKC Government Relations at doglaw@akc.org or NH DOGS at dogs.nh@gmail.com.
