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Legislation – What’s Hot…Fancier Advocacy in Action – New Hampshire HB 1102

 

March 2024

Kelly Crouch, CFA Legislative Information Liaison

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.

Legislation – What’s Hot …Restricting Retail Pet Stores Animal Sales: HI, NH, VT, and IN

 

February 2024

Kelly Crouch, CFA Legislative Information Liaison

Retail pet store legislation prohibiting pet stores from selling cats, dogs, and other animals continues to be proposed, often as all-out bans – but not without some legislators trying a different approach. Hawaii, New Hampshire, and Vermont are considering a slow-death approach to retail pet store animal sales. At the same time, Indiana legislators seek to prevent local governments from passing bans reserving that power for the state.

In Hawaii’s SB 2120, stores not operating before January 1, 2025, would be prohibited from selling cats, dogs, guinea pigs, domesticated pigs, or caged birds. Existing stores selling these animals must retain the same ownership and location and meet new documentation requirements. New Hampshire’s Environment and Agriculture Committee deemed a similar approach in HB 1680-FN, “inexpedient to legislate”. It would have prohibited pet store sales of dogs and cats unless the store were a licensed pet vendor before July 1, 2024. But no pet store could have transferred more dogs and cats in any calendar year than the store did in 2023. Vermont’s HB 567 contains requirements for cats, dogs, and wolf-hybrids sold by pet stores similar to the New Hampshire bill.

However, not all state legislators appreciate the patchwork quilt of local government pet store restrictions or agree with curtailing responsible pet shop sales of legal pets. Instead, these legislators would preempt local governments from adopting ordinances restricting retail pet store animal sales. Indiana’s HB 1412 , now in the Senate, includes a preemptive provision with other amendments expanding the Board of Animal Health’s responsibilities regarding pet stores, commercial dog breeders, and hobby dog breeders. While the bill would prevent local governments from prohibiting retail pet store sales of dogs acquired from authorized breeders, they can adopt inspections, licenses, or other applicable ordinances. Cats are not included in the bill.

Preemption legislation may benefit some fanciers as local governments sometimes use retail pet store bans to restrict hobby breeding. Also, redefining rescue to exclude rescues with active breeder involvement, while not added to these bills, continues to be a problem for fanciers.

Legislation – What’s Hot …New Hampshire Bill Adds Deformities in Animal Abuse Bill and Texas Rules Finalized

 

December 2023

Kelly Crouch, CFA Legislative Information Liaison

New Hampshire

Fanciers sometimes wonder why the CFA Legislative Group monitors bills that often have no direct effect on them, such as animal cruelty bills. The New Hampshire House Bill 1102-FN is a prime example of why we must monitor these bills. Representative Ellen Read (District 10-D) has pre-filed a bill expected to be introduced on January 3, 2024. If enacted, that bill would add a breeding deformities section to the state animal cruelty law (RSA 644:8, III ) as follows:

“(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”.

In §644.8, animal means a “domestic animal, a household pet or a wild animal in captivity.” Thus, it would apply to cats and dogs with brachycephaly, causing a shortened skull. This law might include Persians, Exotics, Burmese, and other breeds. A short (and unscientific!) Google search revealed up to ten cat breeds were included in various lists of affected cat breeds. The American Kennel Club identifies 16 brachycephalic dog breeds. However, “birth deformities causing suffering” is not limited to brachycephaly. Other organizations include more breeds. House Bill 1102-FN is in pre-filed status and listed as being referred to the House Committee on Environment and Agriculture.

Texas

The proposed Texas Department of Licensing and Regulation rules implementing the changes enacted in Senate Bill 876 were approved as final on December 1, 2023, by the Texas Commission of Licensing and Regulation. Additional rulemaking is expected to bring the Texas rules up to date with changes in federal regulations as required by the state Dog and Cat Breeder Act.

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