Administrative Documents

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
State of New Hampshire. Office of Legislative Services. Division of Administrative Rules. Department of Agriculture, Markets, and Food. Chapter Agr 1700. Sale of Animals and Birds. Part Agr 1702. Facilities and Operating Standards Relative to Pet Shops and Adopting Animal Shelters in New Hampshire.



Country of Origin: United States - New Hampshire

Agency of Origin: New Hampshire Department of Agriculture

National Citation: NH ADC AGR 1702.01 - 10

Agency Citation:

Printable Version N.H. Code Admin. R. Agr 1702.01 - 10


Last checked by Web Center Staff: 06/2013


Summary:   The following New Hampshire regulations provide provisions that pet stores and other animal housing facilities must follow. These regulations also provide specific requirements for the housing of dogs and cats in both indoor and outdoor facilities, as well as primary enclosures.
Material in Full:

Agr 1702.01 Pet Shop and Animal Facilities.

Agr 1702.02 Indoor Facilities.

Agr 1702.03 Outdoor Facilities.

Agr 1702.04 Primary Enclosures.

Agr 1702.05 Animal Health and Husbandry Standards.

Agr 1702.06 Official Health Certificate.

Agr 1702.07 Notice to Public.

Agr 1702.08 Written Records.

Agr 1702.09 Housing.

Agr 1702.10 Revocation.

 

 

Agr 1702.01 Pet Shop and Animal Facilities.

(a) Housing facilities for dogs or cats in pet shops and animal facilities shall be:

(1) Structurally sound; and

(2) Maintained in good repair to:

a. Protect the animals from injury;

b. Contain the animals; and

c. Prohibit the entrance of other animals.

(b) The shelter shall provide reliable and adequate electric power, if required to comply with other provisions of this section, and adequate potable water.

(c) Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.

(d) The following provisions for waste disposal shall be made:

(1) Any waste that would be considered infectious waste under Env-Sw 904.01 shall be stored, treated, transported and disposed of     pursuant to Env-Sw 904;

(2) Provision shall be made for the removal and disposal of:

a. Animal and food wastes;

b. Bedding;

c. Dead animals; and

d. Debris; and

(3) Disposal facilities shall be constructed to provide and operate so as to minimize:

a. Vermin infestation;

b. Odors; and

c. Disease hazards.

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.02 Indoor Facilities.

(a) Indoor housing facilities for dogs or cats shall have the following heating requirements:

(1) Facilities shall be sufficiently heated when necessary to:

a. Protect the dogs or cats from cold; and

b. Provide for their health and comfort; and

(2) The ambient temperature shall not be allowed to fall below 50 degrees F. for dogs and cats not acclimated to lower temperatures.

(b) The following provisions shall be made for ventilation:

(1) Indoor housing facilities for dogs or cats shall be adequately ventilated to provide humidity control and fresh air exchange;

(2) Such facilities shall be:

a. Provided with fresh air either by means of:

l. Windows;

2. Doors;

3. Vents; or

4. Air conditioning; and

b. Ventilated so as to minimize:

1. Drafts;

2. Odors; and

3. Moisture condensation; and

(3) Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85         degrees F. or higher.

(c) Indoor housing facilities for dogs or cats shall be illuminated by natural or artificial means, or both, as follows:

(1) Lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during     the entire working period; and

(2) Primary enclosures shall be so placed as to protect the dogs or cats from excessive illumination.

(d) The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized.

(e) A method of drainage to rapidly eliminate excess water from indoor housing facilities shall be provided as follows:

(1) If drains are used, they shall be constructed pursuant to plumbing codes and kept in good repair to avoid foul odors therefrom;     and

(2) If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto     the floor of the room.

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98; EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.03 Outdoor Facilities.

(a) When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs and cats kept outdoors to protect themselves from the direct rays of the sun.

(b) Dogs and cats kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.

(c) The following provisions shall be provided for shelter for dogs and cats from cold weather:

(1) Shelter shall be provided for all dogs and cats kept outdoors when the atmospheric temperature falls below 50 degrees F.; and

(2) Sufficient clean bedding material or other means of protection from the weather elements shall be provided.

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.04 Primary Enclosures.

(a) Requirements for primary enclosures for dogs and cats shall be as follows:

(1) Primary enclosures shall be structurally sound and maintained in good repair to:

a. Protect the dogs and cats from injury;

b. Contain them; and

c. Keep other animals out;

(2) Primary enclosures shall be constructed and maintained so as to enable the dogs and cats to remain dry and clean;

(3) Primary enclosures shall be constructed and maintained so that the dogs or cats contained therein have convenient access to clean     food and water; and

(4) The floors of the primary enclosures shall be constructed so as to protect the dogs' and cats' feet and legs from injury.

(b) Additional requirements for primary enclosures housing cats shall be that in all enclosures having a solid floor, a receptacle or any reasonable substitute containing sufficient clean litter shall be provided to contain excreta.

(c) Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each dog and cat to:

(1) Turn about freely; and

(2) Easily stand, sit and lie in a comfortable normal position.

(d) Additional requirements for space for housing dogs shall be as follows:

(1) In addition to the provisions of Agr 1702.04(c), each dog housed in any primary enclosure shall be provided:

a. A minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail plus 6 inches, expressed in square feet, as in the formulas below:

(length of dog in inches+6)x(length of dog in inches+6) = Required area in square inches Required area in square inches = Required square feet of floor space.

144

b. Not more than 4 adult dogs shall be housed in the same primary enclosure.

(2) If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be:

a. So placed or attached that they cannot become entangled with the chains of other dogs or any other objects;

b. Adequate for the size dog involved;

c. Attached to the dog by means of a well fitted nonchoking collar;

d. At least 3 times the length of the dog as measured from the tip of its nose to the base of its tail; and

e. Allow the dog convenient access to the dog house.

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 7-25-06

New. #8763, eff 11-22-06

 

Agr 1702.05 Animal Health and Husbandry Standards.

(a) Dogs and cats shall be fed at least once each day except as otherwise might be required to provide adequate nutrition and veterinary care as follows:

(1) The food shall be:

a. Free from contamination;

b. Palatable to the individual animal; and

c. Of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the dog or cat;

(2) Food receptacles shall be:

a. Accessible to all dogs and cats; and

b. Located so as to minimize contamination by excreta;

(3) Feeding pans shall be durable and kept clean;

(4) The food receptacles shall be sanitized daily;

(5) Disposable food receptacles may be used but shall be discarded after each feeding; and

(6) Self feeders:

a. May be used for the feeding of dry food; and

b. Shall be sanitized regularly to prevent:

l. Molding;

2. Deterioration; or

3. Caking of feed.

(b) Potable water shall be accessible to the dogs and cats at all times, except as might otherwise be required to provide adequate veterinary care, as follows:

(1) Watering receptacles shall be kept clean; and

(2) They shall be sanitized daily.

(c) The following requirements shall be met for sanitation:

(1) The following shall be required for cleaning of primary enclosures:

a. Excreta shall be removed from primary enclosures as often as necessary, but no less than once daily to:

l. Prevent contamination of the dogs or cats contained therein; and

2. Reduce disease hazards and odors; and

b. When a hosing or flushing method is used for cleaning a primary enclosure commonly known as a cage:

l. Any dog contained therein shall be removed from such enclosure during the cleaning process; and

2. Adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes;

(2) Prior to the introduction of dogs or cats into empty primary enclosures previously occupied, such enclosures shall be sanitized as follows:

a. Primary enclosures for dogs or cats shall be sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard;

b. Cages, rooms and hard-surfaced pens or runs shall be sanitized by:

1. Washing them with hot water and soap or detergent as in a mechanical cage washer;

2. Washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant; or

3. Cleaning all soiled surfaces with live steam; and

c. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary;

(3) The building and grounds shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this subpart. Premises shall remain free of accumulations of trash; and

(4) An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.

(d) Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:

(1) Females in season, estrus, shall not be housed in the same primary enclosures with males, except for breeding purposes;

(2) Any dog, cat or any other animal exhibiting a vicious disposition shall be housed individually in a primary enclosure;

(3) Puppies, kittens or any other infant animal shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies;

(4) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals; and

(5) Dogs, cats or any other animal under quarantine or treatment for a communicable disease shall be separated from other dogs, cats or any other animal in such a manner as to minimize dissemination of such disease.

(e) Programs of disease control and prevention, euthanasia, and adequate veterinary care shall be established and maintained under the supervision and assistance of a doctor of veterinary medicine as follows:

(1) Each dog, cat or any other animal shall be observed daily by the animal caretaker in charge, or by someone under his direct supervision, for the purpose of monitoring health, nutrition and well being; and

(2) Dogs, cats or any other animals shall be provided with veterinary care or euthanized and legally disposed of, if necessary, if they are:

a. Sick or diseased;

b. Injured;

c. Lame; or

d. Blind.

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-125-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.06 Official Health Certificate.

(a) The official health certificate shall be for an individual animal, and shall contain the address of, and be signed by, a licensed veterinarian.

(b) The signing veterinarian shall certify:

(1) The date when, and the fact that, a vaccine, approved by the department, has been administered for the purpose of protection against infectious disease; and

(2) That the animal, at the time of his examination, was free from visual and physical examination evidence of communicable disease, including gastrointestinal parasites.

(c) The official health certificate shall also contain:

(1) The sex, breed and description of the animal;

(2) Date and place of its birth;

(3) The date of its entry into New Hampshire;

(4) The date of its acceptance by the licensee; and

(5) A description of the date of and nature of all medication and treatment given by a licensed veterinarian or the licensee subsequent to the veterinarian's initial examination and prior to the sale or transfer.

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.07 Notice to Public.

(a) A sign with minimum dimensions, 14 inches by 18 inches and located at a height of between 4 and 6 feet shall be prominently displayed together with the licensee's license in the area where the dogs and cats are displayed.

(b) The sign shall contain the following information:

(1) The words “Buyer's Inspection and Refund” in block letters at least one inch in height; and

(2) In easily readable print the following statements:

“Under state law you have the right to inspect the official health certificate containing a description and medical history of any dog or cat offered for sale and to have a copy of such certificate for any animal you may purchase.”

“Under state law, within 14 days of your purchase, you may have the dog or cat examined by a licensed veterinarian of your choice. Unless such exam indicates the animal is free of disease, you may obtain a substitution of a similar animal of equal value or, at your option, a full refund of the purchase price but only if within 2 business days of such examination you return the diseased animal to the store along with a written statement from the veterinarian that the animal was not free from disease.”

Source. #1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90

New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.08 Written Records.

(a) Each pet store, humane shelter or town pound shall keep a written record of all individual animals entering the facility.

(b) Such records shall include the following information:

(1) Date of purchase or acceptance;

(2) Name and address of seller, consignor or donor; and

(3) Species, age, sex and description of animals.

(c) All persons shall keep a written record of all sales or adoptions of all animals.

(d) Such records shall include the following:

(1) Date of sale or adoption;

(2) Name and address of buyer or adopter; and

(3) Species, age, sex and description of animals.

(e) Records shall be maintained at the facility for a minimum of one year after the date of adoption or sale. Such records shall be available for inspection by the department.

Source. #5922, eff 11-10-94, EXPIRED 3-10-95

New. #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.09 Housing.

Animals shall not be allowed to freely roam the facility unless they are immunized for rabies and are free of visual evidence of communicable disease.

Source. #5922, eff 11-10-94, EXPIRED 3-10-95

New. #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06

New. #8763, eff 11-22-06

 

Agr 1702.10 Revocation.

Upon the conviction, or discovery of a prior conviction of an owner or board member of a facility licensed under New Hampshire RSA 437, on an animal cruelty charge under New Hampshire RSA 644:8, or any law, statute, or rule from any other US state with similar content and intent, the license of the subject facility shall be subject to revocation or suspension per RSA 437.

Source. #8763, eff 11-22-06

 



Top of Page