File No. 451

House of Representatives, April 11, 2013

The Committee on Environment reported through REP. GENTILE of the 104th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT PROHIBITING THE SALE OF DOGS AND CATS OBTAINED FROM SUBSTANDARD DOMESTIC ANIMAL MILLS AND REQUIRING A STANDARD OF CARE APPLICABLE TO ANIMAL IMPORTERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2013) (a) For purposes of this section, "substandard domestic animal mill" means any facility in this state: (1) Where dogs or cats are housed in a cage without being allowed daily exercise, (2) where dogs or cats are not maintained in a dry and reasonably clean condition, (3) that does not provide adequate protection for such dogs or cats from the elements, (4) that does not provide clean and potable water for such dogs and cats at all times, (5) that does not provide proper and nutritious food for such dogs or cats, (6) that houses dogs or cats in an enclosure with floors that are not constructed in a manner that protects the dogs' or cats' paws and legs from injury, (7) that houses dogs or cats in an enclosure that does not allow them to turn around freely or to sit, stand or lie down comfortably, or (8) that maintains dogs or cats in an enclosure that is not at least six inches higher than the head height of the tallest dog or cat in such enclosure.

(b) No person shall operate a substandard domestic animal mill in this state.

(c) No pet shop licensed pursuant to section 22-344 of the general statutes, as amended by this act, shall sell a dog or cat to the public if such dog or cat was obtained by such pet shop from a substandard domestic animal mill.

Sec. 2. Subsection (e) of section 22-344 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) (1) No animal importer shall import any dog or cat into this state until such person registers as an animal importer with the commissioner. Such registration shall be on a form as prescribed by the commissioner. Such registration shall require the submission of the following information: (A) The name, mailing address, business address, telephone number and Internet address of such registrant, (B) if such registrant is domiciled out-of-state, the name, Connecticut address and phone number of a Connecticut-based agent for service of process, and (C) the number of animals brought into the state during the prior year by such animal importer and the state or country of origin for each such animal. Such registration shall be accompanied by payment of a fee of one hundred dollars and shall be valid until the December thirty-first following such registration. Such registration shall be renewed annually, in accordance with the provisions of this subsection, provided the commissioner determines that such registrant complies with any requirements provided by the commissioner as to the health, safety and humane treatment of animals that is applicable to animal importers. Such registration shall not be required for any employee or volunteer of a registered animal importer or other person who is required to be licensed pursuant to the provisions of this chapter, provided such employee, volunteer or other person is not otherwise an animal importer. Any person who violates the provisions of this subdivision shall be fined not more than five hundred dollars.

(2) Any animal importer who intends to offer for sale, adoption or transfer any dog or cat at a venue or location that is open to the public or at an outdoor location, including, but not limited to, a parking lot or shopping center, shall provide notice to the Department of Agriculture and the municipal zoning enforcement officer of the town where any such sale, adoption or transfer will occur, not later than ten days prior to such event. Such notice shall state the date for such sale, adoption or transfer event, the exact location of such event and the anticipated number of animals for sale, adoption or transfer at such event. Any person who fails to provide notice as required pursuant to this subdivision shall be fined not more than one hundred dollars per animal that is offered for sale, adoption or transfer at such event.

(3) For the purpose of this subsection, "animal importer" means a person who brings any dog or cat into this state from any other sovereign entity for the purpose of offering such dog or cat to any person for sale, adoption or transfer in exchange for any fee, sale, voluntary contribution, service or any other consideration. "Animal importer" includes any commercial or nonprofit animal rescue or adoption, humane relocation or delivery organization that is not otherwise required to be licensed under the provisions of this chapter.

(4) The provisions of this subsection shall not be construed to apply to any animal importer who offers a dog or cat for sale to a pet shop that is licensed in accordance with the provisions of subsection (b) of this section, provided such animal is delivered directly to a pet shop.

(5) The Commissioner of Agriculture may inspect any animal imported by an animal importer or any record required to be kept by such animal importer, provided such inspection shall not authorize the entry of the commissioner into the residence of such animal importer.

(6) Not later than December 31, 2013, the Commissioner of Agriculture shall prescribe the conditions that constitute the humane treatment of animals that is applicable to animal importers. Such conditions shall include, but not be limited to, the appropriate shelter, availability of food and water and standard of care to be provided by an animal importer to such animals.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill, which requires the Department of Agriculture to prescribe conditions for the humane treatment of animals applicable to animal importers, does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sHB 5027

AN ACT PROHIBITING THE SALE OF DOGS AND CATS OBTAINED FROM SUBSTANDARD DOMESTIC ANIMAL MILLS AND REQUIRING A STANDARD OF CARE APPLICABLE TO ANIMAL IMPORTERS.

SUMMARY:

This bill prohibits (1) the operation of a substandard domestic animal mill in Connecticut and (2) state-licensed pet shops from selling dogs or cats obtained from such a mill. The bill does not specify the penalty for violations.

The bill also requires the agriculture commissioner, by December 31, 2013, to prescribe the conditions that constitute humane treatment of animals by animal importers. The conditions must include the appropriate shelter, availability of food and water, and standard of care animal importers must provide for imported animals.

By law, animal importers, those who bring dogs or cats into Connecticut for sale, adoption, or transfer, must register with the commissioner and comply with any requirements he prescribes for the health, safety, and humane treatment of imported animals. Violators are not allowed to renew their registration. People acting as animal importers without being properly registered are subject to a fine of up to $500.

EFFECTIVE DATE: Upon passage, except for the provisions concerning substandard domestic animal mills, which are effective July 1, 2013.

SUBSTANDARD DOMESTIC ANIMAL MILL

The bill defines a “substandard domestic animal mill” as a facility that keeps dogs or cats in Connecticut:

1. where the animals are (a) caged without being allowed daily exercise or (b) not kept dry and reasonably clean;

2. that does not provide the animals (a) adequate protection from the elements, (b) clean and potable water at all times, or (c) proper and nutritious food; or

3. that houses the animals in an enclosure that (a) has floors constructed in a way that does not protect the animals' paws and legs from injury; (b) does not allow them to turn around freely or sit, stand, or lie down comfortably; or (c) is not at least six inches higher than the head of the tallest animal in the enclosure.

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute