THE SENATE

S.B. NO.

2504

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE SALE OF DOGS AND CATS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Sale of dogs and cats

   -1 Definitions. As used in this chapter unless the context otherwise requires:

"Pet seller" means any retail pet store or any person, partnership, entity, or corporation who sells dogs or cats to a retail pet store; provided that a "pet seller" shall not apply to humane societies, or animal control, rescue, or care organizations exempt under title 26 United States Code section 501(c)(3).

"Public place" means a place to which the public or a substantial group of persons has access and includes public roads, parking lots, sidewalks, highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

"Retail pet store" means a retail establishment engaged in the business of buying, selling, exchanging, or offering pets to the public; provided that a "retail pet store" shall not apply to humane societies; animal control, rescue, or care organizations exempt under title 26 United States Code section 501(c)(3); or retail pet stores solely offering dogs or cats for adoption in cooperation with a humane society or animal control, rescue, or care organizations exempt under title 26 United States Code section 501 (c)(3).

   -2 Sale of dogs and cats. (a) If a dog or cat has not been previously microchipped, a retail pet store shall implant an identification microchip in the dog or cat prior to the sale or exchange of the dog or cat, register that microchip with the appropriate microchip company, and provide the microchip information to the purchaser.

(b) At the time of sale or exchange of a dog to a purchaser, a retail pet store shall have the purchaser complete the appropriate county dog licensing form, collect the appropriate fees, and submit the form and payment to the respective county agency who issues dog licenses.

(c) Upon sale or exchange of a dog or cat, pet sellers shall deliver the following information to the retail pet store, and retail pet stores shall deliver the following information to the purchaser:

(1) The breeder's name and address and license information, if licensed by the United States Department of Agriculture;

(2) The date of the dog or cat's birth, if known;

(3) The date the pet seller or retail pet store received the dog or cat, if applicable;

(4) The breed, sex, color, and identifying marks of the dog or cat; and

(5) The veterinarian information, including the following, if applicable:

(A) A record of each inoculation and worming treatment, if any, including the dates and types of treatments administered;

(B) A record of any veterinarian treatments or medications received while the dog or cat was in the possession of the pet seller;

(C) A receipt or other documentation signed by a veterinarian licensed under chapter 471, indicating if the dog or cat was spayed or neutered; and

(D) A document stating that the dog or cat has no known diseases or illnesses or describing any known diseases or illnesses of the dog or cat or any known congenital or hereditary conditions that may adversely affect the health of the dog or cat at the time of sale or exchange or is likely to adversely affect the health of the dog or cat in the future; and

(6) Written information on the health and other benefits of spaying and neutering, to be delivered by pet stores to purchasers.

(c) A pet seller shall attest to the delivery of the documents by signing all applicable documents required under subsection (b) and retaining copies of all documents for a period of not less than two years after the sale or exchange of the dog or cat. A retail pet store shall make all completed and signed documents available for inspection and copying upon the request from a county humane officer, animal control officer, or law enforcement officer, during normal business hours.

   -3 Sale of dogs and cats in a public place prohibited. (a) Notwithstanding any ordinance, law, or rule to the contrary, it shall be unlawful for any person to sell, exchange, give away, display for commercial purposes, or trade for monetary or other compensation any dog or cat in any public place; provided that this section shall not apply to humane societies, or animal control, rescue, or care organizations exempt under title 26 United States Code section 501(c)(3) facilitating the adoption of animals.

   -4 Penalties. Any person who knowingly, intentionally, or recklessly violates section    -2 or section    -3 shall be subject to a fine of $500 per offense. Each violation shall constitute a separate offense."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. This Act shall take effect on January 2, 2050.



 

Report Title:

Sale of Dogs and Cats; Retail Pet Stores; Pet Sellers; Identification Microchip

 

Description:

Requires retail pet stores to implant an identification microchip in a dog or cat prior to sale or exchange, collect appropriate dog licensing forms and fees from a purchaser, provide specific written documentation regarding each dog or cat sold, and provide written information about spaying and neutering. Prohibits the sale of dogs and cats in a public place, except for humane groups facilitating adoptions. Establishes penalties. Effective 01/02/2050. (SD1)

 

 

 

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