Maybe someone on here can make heads or tails of pet sales/give aways in NH. I went looking for something for a friend and discovered that the laws had changed! It used to be that if you were not a breeder, broker, or shelter and you only sold or gave away a small number of household pets (like your own or an accidental litter) then you were exempt from licensing. Now it says "no person" instead of "No breeder, broker, or shelter" (like it used to) and gives no exception for small numbers or free animals like it used to. It apparently changed Aug 17, 2007 since it used to have exceptions for personal pet owners and now it shows nothing of the sort. So the question is, can anyone in this state offer an animal, even for free, to another person??? The letter of the law says no, help me find a loophole!
Here is the most involved law in full:
http://www.gencourt.state.nh.us/rsa/html/xl/437/437-mrg.htm
Here is the "exceptions" portion of 437, nothing for pet owners or selling/giving away accidental litters:
437:7 Exception. The license provisions of this subdivision shall not apply to breeders of dogs licensed under the provisions of RSA 466:6
[see below next link]; veterinarians; owners and operators of horse riding stables; and auctioneers, breeders or keepers of farm livestock.
Another somewhat applicable law is:
http://www.gencourt.state.nh.us/rsa/html/xlv/466/466-mrg.htm
highlight from 466 showing what a "dog breeder" is in NH when it comes to vaccinations, health certs and keeping records. It seems that if you breed your dog (does it have to be intentional?) and give away the puppies you are a "breeder" by this law (466).
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Section 466:6-a
466:6-a Breeder's Health Certificate.
I. No dog shall be sold in the state or out of the state by a breeder without first being inoculated against infectious canine diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian within 14 days. Said certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be kept by the breeder of said dog for a period of at least 3 years and one copy of which shall be given to the purchaser.
II. For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the breeder, the age, sex, breed and description of the dog, a list of all types of vaccines or medication administered to said dog, and the certification of the veterinarian that the dog is free from visual evidence of communicable diseases such as kennel cough (infectious tracheo bronchitis), canine distemper, and external and internal parasites (including coccidiosis).
III. No breeder shall deliver or cause to be delivered any dog less than 8 weeks of age.
IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to selling or transferring dogs except that dogs which have been imported into the state for transfer with or without a fee shall be accompanied by an official health certificate.
V. In this section, ""breeder'' means any person who breeds dogs for sale, gift or transfer in any manner.
V-a. The commissioner of the department of agriculture, markets, and food or designee is hereby authorized on the commissioner's own initiative or pursuant to complaints of other persons to investigate any complaints made pursuant to this section and to enforce the penalties of RSA 466:6-a, VI. The commissioner shall adopt rules under RSA 541-A relative to the procedures for such investigations.
VI. (a) Any person who violates this subdivision shall be guilty of a misdemeanor.
(b) In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.
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So help me out here if you can. I've looked and looked and I can't find anything that makes it legal to do anything but get a license or surrender your pet to a shelter. Can it be that the ARs managed to slip something in that doesn't even give us the right to give away or sell our own pets here in NH?
In case you are wondering, it all came up in a dispute over craigslist "re-homing fees" and whether they were legal or not. I'm surprised to find, they just might not be.
So if someone sees something I don't, please point me in the right direction!