Substitute House Bill No. 5495
Substitute House Bill No. 5495
PUBLIC ACT NO. 98-113
AN ACT CONCERNING THE IMPORTATION AND SALE OF DOGS
AND CATS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 22-342 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any owner or keeper of a kennel WHO BREEDS
MORE THAN TWO LITTERS OF DOGS ANNUALLY SHALL APPLY
TO THE TOWN CLERK IN THE TOWN IN WHICH SUCH KENNEL
IS LOCATED FOR A KENNEL LICENSE. ANY OWNER OR
KEEPER OF A KENNEL WHO BREEDS NOT MORE THAN TWO
LITTERS OF DOGS ANNUALLY may apply to the town
clerk of the town in which such kennel is located
for a kennel license. FOR THE PURPOSES OF THIS
SECTION, ANNUALLY SHALL REFER TO THE KENNEL
LICENSE YEAR WHICH BEGINS JULY FIRST. Such town
clerk shall issue to such applicant a kennel
license on a form prescribed by the commissioner
for a period from the date of such application
until the thirtieth day of the ensuing June. The
license shall specify the name and number of the
kennel, the name of the owner and the name of the
keeper and shall be in lieu of any other license
required for any dog of either sex which may be
kept in such kennel during the period for which
the license is issued. Each license may be renewed
from year to year by the town clerk upon
application of such owner or keeper. Each such
owner or keeper shall cause to be kept, upon each
dog in such kennel, while it is at large, a collar
or harness of leather or other suitable material,
to which collar or harness shall be securely
attached a tag or plate upon which shall appear
the number of the kennel license, the name of the
town issuing the license and the year of license.
Such plates or tags shall be furnished by the town
clerk of the town in which such kennel is
licensed, at a cost of ten cents each, in such
numbers, not fewer than the number of dogs kept in
such kennel, and at such time as the licensee may
request. The fee for each kennel license, when no
more than ten dogs are kept in the kennel, shall
be fifty dollars, and for a license for a kennel
containing more than ten dogs, the fee shall be
one hundred dollars, except that in the case of a
kennel started after the first day of July, the
license fee for the remainder of the year shall be
a proportional part of the fee charged for one
year. If the owner or keeper of any established
kennel fails to obtain the kennel license on or
before June thirtieth, he shall pay one dollar for
each dog kept therein, in addition to the regular
kennel fee.
(b) The commissioner, the Chief [Canine]
ANIMAL Control Officer or any [canine] STATE
ANIMAL control officer may at any time inspect any
kennel INCLUDING ALL FACILITIES OF ANY KENNEL IN
WHICH DOGS ARE BRED OR HOUSED or cause it to be
inspected by a [registered] CONNECTICUT LICENSED
veterinarian appointed by the commissioner. If, in
the judgment of the commissioner, such kennel is
not being maintained in GOOD REPAIR AND IN a
sanitary and humane manner or if the commissioner
finds that communicable or infectious disease or
other unsatisfactory conditions exist in the
kennel, he may issue such orders as he deems
necessary for the correction of such conditions
and may quarantine the premises and animals. If
the owner or keeper of such kennel fails to comply
with such orders, the commissioner shall revoke or
suspend the kennel license of such owner or
keeper.
(c) Any person aggrieved by any order issued
under the provisions of this section may appeal to
the Superior Court in accordance with the
provisions of section 4-183.
(d) Any person maintaining a kennel after such
license has been revoked or suspended as herein
provided shall be fined not [less than fifty
dollars nor more than one hundred dollars] MORE
THAN ONE THOUSAND DOLLARS OR IMPRISONED NOT MORE
THAN ONE YEAR OR BOTH.
(e) ANY OWNER OR KEEPER OF A KENNEL WHO BREEDS
MORE THAN TWO LITTERS OF DOGS ANNUALLY AND (1)
FAILS TO APPLY FOR A KENNEL LICENSE AS REQUIRED IN
SUBSECTION (a) OF THIS SECTION, OR (2) FAILS TO
ALLOW AN INSPECTION OF SUCH FACILITY AS REQUIRED
IN SUBSECTION (b) OF THIS SECTION SHALL BE FINED
NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONED
NOT MORE THAN ONE YEAR OR BOTH.
Sec. 2. Section 22-344b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A pet shop licensee shall, prior to
offering a dog or cat for sale and thereafter at
intervals of fifteen days until such dog or cat is
sold, provide for examination of such dog or cat
by a veterinarian licensed under chapter 384. The
licensee shall maintain a record of the veterinary
services rendered for each dog or cat offered for
sale.
(b) If, within fifteen days of sale, any such
dog or cat becomes ill or dies of any illness
which existed in such dog or cat at the time of
the sale, such licensee shall, at the option of
the consumer, replace the dog or cat or refund in
full the purchase price of such dog or cat: (1) In
the case of illness, upon return of the dog or cat
to the pet shop and the receipt of a certificate
from a veterinarian licensed under chapter 384,
stating that the dog or cat is ill from a
condition which existed at the time of sale, and
(2) in the case of death, the receipt of a
certificate from a veterinarian licensed under
said chapter stating that the dog or cat died from
an illness which existed at the time of sale. ANY
COSTS FOR SERVICES AND MEDICATIONS PROVIDED BY A
LICENSED VETERINARIAN INCURRED BY THE CONSUMER FOR
SUCH ILLNESS SHALL BE REIMBURSED TO THE CONSUMER
BY SUCH LICENSEE IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED DOLLARS. The presentation of such
certificate shall be sufficient proof to claim
reimbursement or replacement and the return of
such deceased dog or cat to the pet shop shall not
be required. No such refund or replacement shall
be made if such illness or death resulted from
maltreatment or neglect by a person other than the
licensee, his agent or employee.
(c) A licensee who violates any provision of
this section shall forfeit to the state a sum not
to exceed five hundred dollars for each animal
which is the subject of the violation. The
Attorney General, upon complaint of the
commissioner, may institute a civil action in the
superior court for the judicial district of
Hartford-New Britain at Hartford* to recover the
forfeiture specified in this section.
Sec. 3. (NEW) (a) A sign measuring not less
than three inches in height and not less than five
inches in width shall be posted on the cage of
each dog offered for sale in a pet shop. The sign
shall contain information printed in black
lettering on a white background listing the breed
of such dog, the locality and state in which such
dog was born, and any individual identification
number of such dog as listed on the official
certificate of veterinary inspection from the
state of origin.
(b) A sign shall be posted stating the
following "THE FOLLOWING INFORMATION IS ALWAYS
AVAILABLE ON ALL OUR PUPPIES: DATE OF BIRTH, THE
STATE OF BIRTH, BREED, SEX AND COLOR, THE DATE THE
PET SHOP RECEIVED THE PUPPY, THE NAMES AND
REGISTRATION NUMBERS OF THE PARENTS (FOR AKC
REGISTERABLE PUPPIES), RECORD OF INOCULATIONS AND
WORMING TREATMENTS AND ANY RECORD OF ANY
VETERINARY TREATMENT OR MEDICATIONS RECEIVED TO
DATE." Such sign shall include a telephone number
at the Department of Agriculture through which
information may be obtained regarding complaints
about diseased or disabled animals offered for
sale. Such sign shall be posted in a place readily
visible to the consumer where dogs are offered for
sale and printed in black lettering not less than
thirty-eight point size upon a white background.
(c) A licensee who violates any provision of
this section shall be liable for a civil penalty
not to exceed five hundred dollars. The Attorney
General, upon complaint of the Commissioner of
Agriculture, may institute a civil action in the
superior court for the judicial district of
Hartford-New Britain to recover the penalty
specified in this section.
Sec. 4. (NEW) No person shall procure any dog
or cat for the purpose of resale unless such
person holds a pet shop license under section
22-344 of the general statutes. Any person who
violates the provisions of this section shall be
fined not more than one thousand dollars or
imprisoned not more than one year, or both.
Approved May 15, 1998