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statutes  is  repealed   and   the   following  is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