In 2021, New Hampshire signed HB 2 into law, which included the establishment of a new electronic statewide animal records database. The bill required the New Hampshire Department of Agriculture, Markets, and Food (Department) to design, establish, and contract with a third party for the implementation of an electronic system to facilitate the handling of animal records. Background and details of this law may be found here.
Now, the Department has proposed the regulations needed to implement the 2021 law.
The proposal, which substantively mirrors the underlying law:
- Defines transfer as the transfer of ownership of live animals or birds from any person, firm, corporation, or other entity to a member of the public.
- Defines official certificate of transfer and official certificate of transfer waiver.
- Requires New Hampshire licensed veterinarians to create an official certificate of transfer in the state animal records database for each dog being transferred from one owner to another.
- Requires the official certificate of transfer to contain (1) the name and address of the entity transferring ownership; (2) the age, sex, and breed; (3) microchip number, tattoo number, or physical description of dog; (4) certification by a veterinarian that the dog is free from evidence of communicable diseases or internal/external parasites; and (5) a list of all vaccines and medication administered to the dog.
- Requires that licensees (i.e., pet vendors) shall keep a copy of the official certificate of transfer on the premises where dogs are displayed for sale.
- Allows for an official certificate of transfer waiver in cases where a dog has failed an exam.
- Reiterates the confidentiality of information submitted to the animal records database, including that the information is exempt from public disclosure, and not subject to discovery, subpoena, or other means of legal compulsion for release. It also clarifies that database records, information, or lists may be made available pursuant to a court order on a case-by-case basis; and that disclosure of information to government officials for official investigation such as animal health or pet vendor licenses is allow and not considered public disclosure.
Similar to current law, prior to being offered for sale or transfer, an owner/seller must ensure that the dog is protected against infectious diseases; and must be accompanied by a copy of the official certificate of transfer or waiver.
The American Kennel Club (AKC) encourages all New Hampshire dog owners to review the proposal and to provide the New Hampshire Department of Agriculture, Markets, and Food with comment on how the details of the rule are expected to impact them. The Department will conduct a public hearing on this proposal at 9AM on Monday, June 10, 2024. The hearing will be conducted at the Office of the Commissioner, One Granite Place, Suite 211, Concord, New Hampshire 03301. The Department is also accepting public comments on the proposal through Monday, June 17, 2024. Comments may be emailed to Patricia L. Benner, Legislative Coordinator, at Patricia.l.benner@agr.nh.gov.
For more information, contact AKC Government Relations at doglaw@akc.org.