|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
821 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the sale of ANIMALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 142, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§142- Sale
of dogs, cats, and rabbits; prohibited. (a) No pet dealer or retail pet store in the
State shall sell, offer to sell, lease, offer to lease, barter, auction, or
otherwise transfer ownership of any dog, cat, or rabbit.
(b)
This section shall not be construed to prohibit a pet dealer or retail
pet store from collaborating with the following entities to provide space to
showcase dogs, cats, or rabbits owned by these entities for the purpose of
adoption:
(1) Any duly
incorporated society for the prevention of cruelty to animals;
(2) Any duly
incorporated humane society;
(3) Any duly
incorporated animal protective association; or
(4) Any other duly
incorporated animal adoption or animal rescue organization,
that is exempt
from taxation under section 501(c)(3) of the Internal Revenue Code; provided
that the entities identified in paragraphs (1) to (4) are not affiliated with
or located on the premises of a breeder or pet dealer; do not obtain dogs, cats,
or rabbits from a breeder or pet dealer in exchange for payment or any form of compensation;
and do not resell dogs, cats, or rabbits obtained from a breeder or pet dealer
or provide payment or compensation to such breeder or pet dealer.
(c) As used in this section:
"Animal" includes a
dog, cat, or rabbit.
"Breeder" means any
person who breeds and sells or offers for sale twenty-five or more animals per
year for profit.
"Pet dealer" means any
person who, in the ordinary course of business, sells or offers for sale more
than nine animals per year for profit to the public. "Pet dealer" includes a breeder but
does not include a retail pet store.
"Retail pet store"
means any for-profit place of business that sells or offers for sale animals to
be kept as household pets, pet food, or pet supplies. "Retail pet store" does not include breeders who
sell or offer to sell directly to the public animals that are born and raised
on the breeder's residential premises.
"Residential premises" includes a person's entire residential property, including a dwelling, garage, yard, garden, and kennel."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2024.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Sale of Dogs, Cats, and Rabbits; Prohibited; Pet Dealers; Retail Pet Stores
Description:
Prohibits pet dealers and retail pet stores in the State from selling, offering to sell, leasing, offering to lease, bartering, auctioning, or otherwise transferring ownership of any dog, cat, or rabbit. Effective 1/1/2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.