SB2504.DOC

THE SENATE	S.B. NO.	2504
TWENTY-SIXTH LEGISLATURE, 2012
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 person, partnership entity, or corporation who sells pets to the public or 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).

"Retail pet store" means a retail establishment engaged in the business of buying, selling, exchanging, or offering pets to the public.

"Unsterilized cat" means a female cat that has not been spayed or a male cat that has not been neutered by a veterinarian licensed under chapter 471.

"Unsterilized dog" means a female dog that has not been spayed or a male dog that has not been neutered by a veterinarian licensed under chapter 471.

§ -2 Sale of dogs and cats. (a) Pet sellers shall implant an identification microchip in a dog or cat prior to the sale or exchange of the dog or cat. Upon sale or exchange, the pet seller shall provide to the dog or cat owner the microchip registration information.

(b) Upon sale or exchange of a dog or cat, pet sellers shall deliver the following information:

(1) The breeder's name, 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 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 that 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 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.

(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. The pet seller shall make all completed and signed documents available for inspection and copying upon the request from a humane officer, animal control officer, or law enforcement officer.

§ -3 Sale of unsterilized dogs and cats prohibited. (a) It shall be unlawful for a pet seller to sell an unsterilized dog or unsterilized cat to the public, to a retail pet store, or to a pet supply or equipment purchaser representing or engaged in business with a retail pet store.

(b) For purposes of this section, a pet seller that gives an unsterilized dog or unsterilized cat for free to the public, a retail pet store, or pet supply or equipment purchaser, the exchange shall be considered a sale and unlawful.

§ -4 Penalties. Any person who knowingly, intentionally, or recklessly violates section -2 or section -3 shall be guilty of a petty misdemeanor. 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 upon its approval.

INTRODUCED BY:	_____________________________