Bill Text: NJ A2992 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes certain requirements concerning animal rescue organizations, breeders, importation of cats and dogs, and sale or adoption of cats and dogs; revises shelter and pound law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-20 - Introduced, Referred to Assembly Agriculture Committee [A2992 Detail]
Download: New_Jersey-2020-A2992-Introduced.html
Sponsored by:
Assemblyman ADAM J. TALIAFERRO
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Establishes certain requirements concerning animal rescue organizations, breeders, importation of cats and dogs, and sale or adoption of cats and dogs; revises shelter and pound law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning cats and dogs, amending various parts of the statutory law, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. No person shall import into the State in any calendar year 10 or more cats or dogs in total for sale or adoption unless the person is registered as an animal importer with the Department of Health and complies with the provisions of this section.
b. (1) Each registered animal importer shall provide to the Department of Health:
(a) the name, mailing address, business address, telephone number, electronic mail address, and Internet website of the registered animal importer; and
(b) if the registered animal importer's business address is located outside of the State, the name, mailing address, business address, telephone number, electronic mail address, and Internet website of the registered animal importer's in-State representative for service of process.
(2) Each registered animal importer shall report:
(a) the number of cats and the number of dogs, respectively, brought into the State by the registered animal importer in the calendar year preceding the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and the number thereof annually each year thereafter; and
(b) the name, address, and state or country of origin of the source of each cat or dog brought into the State by the registered animal importer.
(3) Each registered animal importer shall:
(a) protect the health, safety, and welfare of every cat and dog in the registered animal importer's possession;
(b) provide every cat and dog with appropriate shelter and sufficient food and water that is easily available to the animal; and
(c) comply with the rules and regulations adopted pursuant to subsection c. of this section.
c. Within 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations:
(1) establishing a standard of care and requirements for the health, safety, and humane treatment of cats and dogs to be followed by animal importers; and
(2) implementing and enforcing the provisions of subsection b. of this section.
d. The commissioner may impose and collect an annual registration fee of up to $25 for each animal importer registration. Each registration shall expire on December 31 next following the date of the first registration. Thereafter, each registration shall be renewed annually on January 1, provided that the commissioner determines the registered animal importer is in continued compliance with the requirements for the health, safety, and humane treatment of cats and dogs by animal importers established pursuant to subsection c. of this section. No employee, volunteer, or other person assisting a registered animal importer shall be required to register with the department, provided that the employee, volunteer, or other person is not an animal importer.
e. The Department of Health may inspect, upon request, any animal importer's records or place of business, or the condition or health of any cat or dog in the animal importer's possession, provided the department does not enter the animal importer's residence without authorization.
2. (New section) a. Any person who fails to register as an animal importer pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $1,000. Any person who violates the provisions of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $2,500.
b. The penalties established pursuant to subsection a. of this section may be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this section.
c. For a second or subsequent violation of subsection a. or b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), at the discretion of the court, the person may also be suspended or permanently prohibited from importing animals or from operating as a registered animal importer in the State.
3. (New section) a. Each cat or dog brought into the State for the purpose of sale, adoption, barter, exchange, or transfer shall be accompanied with an animal history and health certificate certified by a licensed veterinarian and providing the following information:
(1) the name, address, and other contact information of the breeder of the cat or dog, if known;
(2) the origin of the cat or dog, the animal's date of birth, and, if the date of birth is not known, the animal's approximate age as estimated by a licensed veterinarian; and
(3) any illnesses identified in the cat or dog, any treatments, medications, or vaccinations received, and a list of the treatments, medications, and vaccinations received, the dates of administration thereof, and the illnesses identified in the cat or dog and the date on which the illness was identified.
b. If the cat or dog is being brought into the State, sold, adopted, bartered, exchanged, or transferred by a USDA licensed breeder, the USDA licensed breeder shall provide a copy of the breeder's USDA license and attach it to the animal history and health certificate of the cat or dog.
c. No person may bring a cat or dog into the State for the purpose of sale, adoption, barter, exchange, or transfer without the animal history and health certificate required pursuant to subsection a. of this section. The animal history and health certificate shall accompany the cat or dog until the end of the animal's life.
d. As used in this section, "USDA licensed breeder" means a breeder who has been issued a valid breeder's license by the United States Department of Agriculture.
4. (New section) The provisions of sections 1, 2, and 3 of P.L., c. (C. , C. , and C. ) (pending before the Legislature as this bill) shall not apply to any sale, barter, exchange, or transfer of a cat or dog for purposes related to the conduct of biomedical research by a research facility registered with the United States Department of Agriculture pursuant to the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or at a facility conducting biomedical research in compliance with the "Public Health Service Policy on Humane Care and Use of Laboratory Animals" issued by the United States National Institutes of Health.
5. (New section) a. Every animal rescue organization registered pursuant to section 6 of P.L.2011, c.142 (C.4:19-15.33) shall accept the return of any cat or dog received from the animal rescue organization and may accept any other cat or dog surrendered to the animal rescue organization. The animal rescue organization may charge the person returning the cat or dog or otherwise surrendering a cat or dog a fee of up to $100 for accepting the cat or dog.
b. An animal rescue organization that fails to accept the return of an animal as required by subsection a. of this section shall be subject to a civil penalty of up to $1,000, to be collected by the Department of Health in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
6. Section 6 of P.L.1941, c.151 (C.4:19-15.6) is amended to read as follows:
6. Any person who shall bring or cause to be brought into this State any dog licensed in another State for the current year, and bearing a registration tag, and who shall keep the [same] dog or permit the [same] dog to be kept [within] in the State for a period of more than [ninety] 90 days shall immediately apply for a license and registration tag for each [such] dog [unless such dog be licensed under section eight of this act] except as otherwise provided for a licensed kennel, pet shop, shelter, or pound pursuant to subsection b. of section 8 of P.L.1941, c.151 (C.4:19-15.8).
Any person, other than an animal importer, who shall bring or cause to be brought into this State any unlicensed dog and who shall keep the [same] dog or permit the [same] dog to be kept [within] in the State for a period of more than [ten] 10 days shall immediately apply for a license and registration tag for each [such] dog [unless such dog be licensed under section eight of this act] except as otherwise provided for a licensed kennel, pet shop, shelter, or pound pursuant to subsection b. of section 8 of P.L.1941, c.151 (C.4:19-15.8). Any animal importer shall comply with the requirements established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill.
(cf: P.L.1941, c.151, s.6)
7. Section 16 of P.L.1941, c.151 (C.4:19-15.16) is amended to read as follows:
16. a. The certified animal control officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:
(1) Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;
(2) Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag [on its collar or elsewhere];
(3) Any female dog in season off the premises of the owner or the person charged with the care of the dog;
(4) Any dog or other animal which is suspected to be rabid; or
(5) Any dog or other animal off the premises of the owner or the person charged with [its] the dog's or other animal's care that is reported to, or observed by, a certified animal control officer to be ill, injured, or creating a threat to public health, safety, or welfare, or otherwise interfering with the enjoyment of property.
b. If an animal taken into custody and impounded pursuant to subsection a. of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.
c. A notice required pursuant to this section may be served: (1) by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of residence or the address given on the collar, harness, or microchip identification; or (2) by mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.
d. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer pursuant to subsection a. of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering [it] the animal for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(1) the animal is surrendered voluntarily by [its] the animal's
owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of subsection e. of this section shall apply; or
(2) the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply.
e. If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to paragraph (1) of subsection d. of this section, the shelter, pound, or kennel operating as a shelter or pound:
(1) shall offer the animal for adoption for at least seven days before euthanizing [it] the animal; or
(2) may transfer the animal to an animal rescue organization facility or a foster home prior to offering [it] the animal for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.
f. Except as otherwise provided for under subsection e. of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.
g. If the owner or the person charged with the care of the animal seeks to claim [it] the animal within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:
(1) shall, in the case of a cat or dog, release [it] the cat or dog to the owner or person charged with [its] the animal's care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;
(2) may, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming [it] the cat or dog; and
(3) may require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.
h. If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to subsection c. of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19.
i. At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound, or kennel operating as a shelter or pound shall be sold or otherwise be made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.
j. Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health, and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as required by the Department of Health for the animals.
k. When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound. The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to subsection e. or h. of this section.
l. Notwithstanding the provisions of this section and sections 3 and 4 of P.L.2011, c.142 (C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being transferred between shelters, pounds, or kennels operating as shelters or pounds, or being transferred to an animal rescue organization facility or placed in a foster home, shall be required to be sterilized prior to that transfer.
m. A shelter, pound, or kennel operating as a shelter or pound shall accept the return of any cat or dog adopted from the shelter or pound, and may accept any other cat or dog being surrendered to the shelter or pound for any other reason. The shelter or pound may charge the person returning the animal or otherwise surrendering the animal a fee of up to $100 for accepting the animal. A shelter or pound that fails to accept the return of an animal as required by this subsection shall be subject to a civil penalty of up to $1,000, to be collected by the Department of Health in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2012, c.17, s.7)
8. Section 6 of P.L.2011, c.142 (C.4:19-15.33) is amended to read as follows:
6. a. The Department of Health shall establish a registry of animal rescue organizations and their facilities in the State. Any animal rescue organization may voluntarily participate in the registry, until the 180th day after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), upon which the registration of animal rescue organizations shall be mandatory. Each animal rescue organization shall register with the department and annually report the number of cats and dogs sold, released for adoption, bartered, exchanged, or transferred in the preceding calendar year by the animal rescue organization, and to whom the cats and dogs were sold, released for adoption, bartered, exchanged, or transferred. The annual registration fee shall be $25.
b. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt any rules and regulations determined necessary to implement the [voluntary] registry and coordinate its use with the provisions of sections 1 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), P.L.2011, c.142 (C.4:19-15.30 et al.), and section 16 of P.L.1941, c.151 (C.4:19-15.16).
c. Any person required to register with the department pursuant to this section who fails to do so shall be subject to a civil penalty of up to $1,000, to be collected by the Department of Health in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection. For a second or subsequent violation, at the discretion of the court, the person may also be suspended or permanently prohibited from operating as an animal rescue organization in the State.
(cf: P.L.2012, c.17, s.13)
9. Section 4 of P.L.1999, c.336 (C.56:8-95) is amended to read as follows:
4. a. Notwithstanding the provisions of any rule or regulation adopted pursuant to Title 56 of the Revised Statutes as such provisions are applied to pet shops, and without limiting the prosecution of any other practices which may be unlawful pursuant to Title 56 of the Revised Statutes, it shall be [a deceptive] an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any owner or operator of a pet shop, or employee thereof, to sell animals within the State without complying with the provisions and requirements of this section and section 3 of P.L.2015, c.7 (C.56:8-95.1).
b. Within five days prior to the offering for sale of any animal, the owner or operator of a pet shop, or employee thereof, shall have the animal examined by a veterinarian licensed to practice in the State. The name and address of the examining veterinarian, together with the findings made and treatment, if any, ordered as a result of the examination, shall be noted on the animal history and health certificate for each animal as required by regulations adopted pursuant to Title 56 of the Revised Statutes. The animal history and health certificate required pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) for each animal shall also provide and be updated with the treatments, medications, and vaccinations received, the dates of administration thereof, and the illnesses identified in the cat or dog and the date on which the illness was identified. If 14 days have passed since the last veterinarian examination of the animal, the owner or operator of the pet shop, or employee thereof, shall have the animal reexamined by a veterinarian licensed to practice in the State as provided for in subsection g. of this section, except as otherwise provided in that subsection.
c. Every pet shop offering animals for sale shall post, in a conspicuous location on the cage or enclosure for each animal in the cage or enclosure, a sign declaring:
(1) The date and place of birth of each animal, and the actual age, or approximate age as established by a veterinarian, of the animal;
(2) The sex, color markings, and other identifying information of the animal, including any tag, tattoo, collar number, or microchip information;
(3) The name and address of the veterinarian attending to the animal while the animal is in the custody of the pet shop, and the date of the initial examination of the animal;
(4) The first and last name of the breeder of the animal, the full street address of where the breeder is doing business, an email address, if available, by which to contact the breeder, the breeder's USDA license number, and, if the breeder is required to be licensed in the state in which the breeder is located, the breeder's state license number;
(5) If the broker is different from the breeder, the first and last name of the broker of the animal, the full street address of where the broker is doing business, an email address, if available, by which to contact the broker, the USDA license number of the broker, and, if the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
(6) The statement "Know Your Rights" in bold type face and no less than 12 point type, followed by the statement in no less than 10 point type, "State law requires that every pet shop offering cats or dogs for sale post in a conspicuous location on or near each cat or dog's cage or enclosure the USDA inspection reports for the breeder and broker of each cat or dog for the two years prior to the first day that the cat or dog is offered for sale. If you do not see a required inspection report, please request the report from the pet shop. If you have any concerns, please contact the New Jersey Division of Consumer Affairs, 124 Halsey St., Newark, NJ 07102, (973) 504-6200. You may also view these and other USDA inspection reports for the breeder and broker of each cat or dog on the USDA Animal and Plant Health Inspection Service (APHIS) website. You are entitled to receive additional information from APHIS about the breeder's or broker's history through the federal Freedom of Information Act."
Every pet shop offering animals for sale shall also post, in a conspicuous location on or near the cage or enclosure for each animal in the cage or enclosure, the USDA inspection reports for the breeder and the broker of the animal for the two years prior to the first day that the animal is offered for sale by the pet shop.
The owner or operator of the pet shop shall regularly update the information required to be posted pursuant to this subsection and make changes as necessary to all signage required by this subsection so that the public has access to the correct information at all times.
d. The owner or operator of a pet shop, or employee thereof, shall quarantine any animal diagnosed as suffering from a contagious or infectious disease, illness, or condition and may not sell such an animal until such time as a veterinarian licensed to practice in the State treats the animal and determines that such animal is free of clinical signs of infectious disease or that the animal is fit for sale. All animals required to be quarantined pursuant to this subsection shall be placed in a quarantine area, separated from the general animal population of the pet shop.
e. The owner or operator of a pet shop, or designated employee thereof, may inoculate and vaccinate animals prior to purchase only upon the order of a veterinarian. No owner or operator of a pet shop, or employee thereof, may represent, directly or indirectly, that the owner or operator of the pet shop, or any employee thereof, other than a veterinarian, is qualified to, directly or indirectly, diagnose, prognose, treat, or administer for, prescribe any treatment for, operate concerning, manipulate or apply any apparatus or appliance for addressing, any disease, pain, deformity, defect, injury, wound, or physical condition of any animal after purchase of the animal, for the prevention of, or to test for, the presence of any disease, pain, deformity, defect, injury, wound, or physical condition in an animal after its purchase. These prohibitions include, but are not limited to, the giving of inoculations or vaccinations after purchase, the diagnosing, prescribing, and dispensing of medication to animals, and the prescribing of any diet or dietary supplement as treatment for any disease, pain, deformity, defect, injury, wound, or physical condition.
f. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall provide each owner or operator of a pet shop with notification forms, to be signed by the owner or operator of the pet shop, or employee thereof, and the consumer at the time of purchase of an animal. The notification form shall provide the following:
(1) The full text of the rights and responsibilities provided for in subsection h. of this section;
(2) The full text and description of the recourse to which the consumer is entitled pursuant to subsection i. of this section;
(3) The statement that it is the responsibility of the consumer to obtain such certification within the required amount of time provided by subsection h. of this section;
(4) The full text of the rights and responsibilities of the owner or operator of the pet shop, and the employees thereof, and the consumer provided in subsection l. of this section;
(5) The notification, reporting and enforcement provisions provided in section 5 of P.L.1999, c.336 (C.56:8-96), including the name and address of the local health authority with jurisdiction over the pet shop;
(6) The name, full street address, email address, if available, and USDA license number of the breeder of the animal and the broker of the animal, if the broker is different from the breeder;
(7) The breeder's state license number, if the breeder is required to be licensed in the state in which the breeder is located, and, if the broker is different from the breeder and the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
(8) An attestation by the owner or operator of the pet shop that, as of the date of purchase of the animal by the pet shop, which shall be specified in the attestation, the breeder and the broker of the animal were in compliance with the requirements concerning the maintenance and care of animals and the sanitary operation of kennels, pet shops, shelters and pounds established in rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14), as required pursuant to section 3 of P.L.2015, c.7 (C.56:8-95.1).
The owner or operator of the pet shop, or an employee thereof, shall obtain the signature of the consumer on the form and shall also sign and date the form at the time of purchase of an animal by the consumer, and shall provide the consumer with a signed copy of the form and retain a copy of the form on the pet shop premises. Copies of all such notices shall be readily available for inspection by an authorized representative of the Division of Consumer Affairs, upon request. No pet shop owner or operator, or employee thereof, may construe or use the signed notification form required pursuant to this subsection as an abdication of the right to recourse provided for in subsection i., or as a selection of recourse pursuant to subsection k. of this section.
g. The owner or operator of a pet shop, or an employee thereof, shall have any animal that has been examined more than 14 days prior to the date of purchase, reexamined by a veterinarian for the purpose of disclosing its condition, within 72 hours of the delivery of the animal to the consumer, unless the consumer has waived the right to the reexamination in writing. The owner or operator of a pet shop, or an employee thereof, shall provide a copy of the written waiver to the consumer prior to the signing of any contract or agreement to purchase the animal and the written waiver shall be in the form established by the director by regulation.
h. If at any time within [14 days] one year after the sale and delivery of an animal to a consumer, the animal becomes sick or dies and a veterinarian certifies, within [the 14 days] one year after the date of purchase of the animal by the consumer, that the animal is unfit for purchase due to a non-congenital cause or condition, or that the animal died from causes other than an accident, the consumer is entitled to the recourse described in subsection i. of this section.
If the animal becomes sick or dies within [180 days] one year after the date of purchase and a veterinarian certifies, within the [180 days] one year after the date of purchase of the animal by the consumer, that the animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition, or died from such a cause or condition or sickness, the consumer shall be entitled to the recourse provided in subsection i. of this section.
It shall be the responsibility of the consumer to obtain such certification within the required amount of time provided by this subsection, unless the owner or operator of the pet shop, or the employee thereof selling the animal to the consumer, fails to provide the notice required pursuant to subsection f. of this section. If the owner or operator of the pet shop, or the employee thereof, fails to provide the required notice, the consumer shall be entitled to the recourse provided for in subsection i. of this section.
The pet shop shall also accept the return of a cat or dog for any reason within one year after the date of purchase if purchased at the pet shop, but the recourse provided in subsection i. of this section shall only apply to an animal that is unfit for sale or dies for the reasons described in this subsection.
i. Only the consumer shall have the sole authority to determine the recourse the consumer wishes to select and accept, provided that the recourse selected is one of the following:
(1) The right to return the animal and receive a full refund of the purchase price, including sales tax, plus the reimbursement of the veterinary fees, including the cost of the veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian certification;
(2) The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal, including the cost of the veterinarian certification;
(3) The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the consumer's receipt of the veterinarian certification; or
(4) In the event of the death of the animal from causes other than an accident, the right to a full refund of the purchase price of the animal, including sales tax, or another animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the death of the animal.
The consumer shall be entitled to be reimbursed an amount for veterinary fees up to and including two times the purchase price, including sales tax, of the sick or dead animal. No reimbursement of veterinary fees shall exceed two times the purchase price, including sales tax, of the sick or dead animal.
j. The veterinarian shall provide to the consumer in writing and within the seven days after the consumer consults with the veterinarian any certification that is appropriate pursuant to this section upon the determination that such certification is appropriate. The certification shall include:
(1) The name of the owner;
(2) The date or dates of examination;
(3) The breed, color, sex, and age of the animal;
(4) A statement of the findings of the veterinarian;
(5) A statement that the veterinarian certifies the animal to be "unfit for purchase";
(6) An itemized statement of veterinary fees incurred as of the date of certification;
(7) If the animal may be curable, an estimate of the possible cost to cure, or attempt to cure, the animal;
(8) If the animal has died, a statement establishing the probable cause of death; and
(9) The name and address of the certifying veterinarian and the date of the certification.
k. Upon the presentation of the veterinarian certification required in subsection j. of this section to the pet shop, the consumer shall select the recourse to be provided and the owner or operator of the pet shop, or the employee thereof, shall confirm the selection of recourse in writing. The confirmation of the selection shall be signed by the owner or operator of the pet shop, or an employee thereof, and the consumer and a copy of the signed confirmation shall be given to the consumer and retained by the owner or operator of the pet shop, or employee thereof, on the pet shop premises. The confirmation of the selection shall be in the form established by the director by regulation.
l. The owner or operator of the pet shop, or an employee thereof, shall comply with the selection of recourse by the consumer no later than 10 days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. In the event the owner or operator of the pet shop, or an employee thereof, wishes to contest the selection of recourse of the consumer, the owner or operator of the pet shop, or an employee thereof, shall notify the consumer and the director in writing within the five days after the receipt of the veterinarian certification and the signed confirmation of selection of recourse form. After notification to the consumer and the director of the division, the owner or operator of the pet shop, or an employee thereof, may require the consumer to produce the animal for examination by a veterinarian chosen by the owner or operator of the pet shop, or employee thereof, at a mutually convenient time and place, except if the animal has died and was required to be cremated for public health reasons. The director shall set, upon receipt of such notice of contest on the part of the owner or operator of the pet shop, or an employee thereof, a hearing date and hold a hearing, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and the Uniform Administrative Procedure Rules adopted pursuant thereto, to determine whether the recourse selected by the consumer should be allowed. The consumer and the owner or operator of the pet shop, or employee thereof, shall be entitled to any appeal of the decision resulting from the hearing as may be provided for under the law, or any rule or regulation adopted pursuant thereto, but upon the exhaustion of such remedies and recourse, the consumer and the owner or operator of the pet shop shall comply with the final decision rendered.
m. Any owner or operator of a pet shop, or employee thereof, shall be guilty of a deceptive practice if the owner or operator, or employee thereof, secures or attempts to secure a waiver of any of the provisions of this section except as specifically authorized under subsection g. of this section.
n. The owner of a pet shop shall be responsible and liable for any recourse or reimbursement due to a consumer because of violations of any provisions of this section by the owner or operator of the pet shop, or any employee thereof, or because of any document signed pursuant to this section by the owner or operator of the pet shop, or any employee thereof.
o. Any pet shop in the State advertising for sale an animal bred by a USDA licensed breeder through print or electronic means, including those posted on the Internet or a website, shall continuously display the name, state of residence, and USDA license number of the breeder of the animal in the advertisement so that this information is easily legible to the consumer.
(cf: P.L.2015, c.7, s.2)
10. This act shall take effect immediately.
STATEMENT
This bill requires any person importing into the State in any calendar year 10 or more cats or dogs in total for sale or adoption to register as an animal importer with the Department of Health (DOH). The bill authorizes the DOH to charge an animal importer an annual registration fee of up to $25. The bill requires each registered animal importer to provide the DOH with:
1) the name, mailing address, business address, telephone number, electronic mail address, and Internet website of the animal importer;
2) if the animal importer's business address is located outside of the State, the name, mailing address, business address, telephone number, electronic mail address, and Internet website of the animal importer's in-State representative for service of process;
3) the number of cats and the number of dogs, respectively, brought into the State by the animal importer in the calendar year preceding the effective date of the bill, and the number thereof annually each year thereafter; and
4) the name, address, and state or country of origin of the source of each cat or dog brought into the State by the animal importer.
The bill also requires each animal importer to:
1) protect the health, safety, and welfare of every cat and dog in the animal importer's possession;
2) provide every cat and dog with appropriate shelter and sufficient food and water that is easily available to the animal; and
3) comply with the regulations adopted by the DOH to implement the bill's requirements and provisions, including standards of care and requirements for the health, safety, and humane treatment of cats and dogs for animal importers.
The bill authorizes the DOH, provided the DOH does not enter the animal importer's residence without authorization, to inspect any animal importer's records, place of business, or the condition or health of any cat or dog in the animal importer's possession, upon request. The bill establishes a civil penalty of up to $1,000 for any violation of subsection a. of section 1 of the bill, up to $2,500 for any violation of subsection b. of section 1 of the bill, and for second or subsequent violations, at the discretion of the court, the violator may also be suspended or permanently prohibited from operating as an animal importer in the State.
The bill also requires all cats and dogs brought into the State from other jurisdictions to have an animal history and health certificate certified by a licensed veterinarian providing the following information about the cat or dog: 1) the name, address, and other contact information of the breeder of the cat or dog, if known; 2) the origin of the cat or dog, its date of birth, and, if the date of birth is not known, its approximate age as estimated by a licensed veterinarian; and 3) any illnesses identified in the cat or dog, any treatments, medications, or vaccinations received, and a list of the treatments, medications, and vaccinations received, the dates of administration thereof, and the illnesses identified in the cat or dog and the date on which the illness was identified. If the cat or dog is being brought into the State, sold, adopted, bartered, exchanged, or transferred by a United State Department of Agriculture (USDA) licensed breeder, the USDA licensed breeder is required to provide a copy of the breeder's USDA license and attach it to the animal history and health certificate of the cat or dog.
The bill requires pet shops to include the animal history and health certificate with the proper vaccines administered to each animal sold by the pet shop, and updated with the treatments, medications, and vaccinations received, the dates of administration thereof, and the illnesses identified in the cat or dog and the date on which the illness was identified. The bill extends from 14 days to one year the deadline for pet shop customers to exercise certain consumer rights regarding animals purchased from a pet shop. Further, the bill requires pet shops to accept the return of a cat or dog for any reason within one year after the date of purchase if purchased at the pet shop, but the exercise of a consumer's rights only applies to an animal that is unfit for sale or dies.
The bill also requires animal rescue organizations, shelters, and pounds to accept the return of a cat or dog received from the facility for up to one year after the receipt of the animal from the facility. The bill authorizes shelters, pounds, and animal rescue organizations to charge a fee of up to $100 for such a return. An animal rescue organization that fails to accept the return of that animal is subject to a civil penalty of up to $1,000. The bill provides that if an animal is surrendered voluntarily by its owner to a shelter, pound or kennel operating as a shelter or pound, the animal may immediately be offered for adoption or transferred to an animal rescue organization or foster home.
The bill requires animal rescue organizations to register with the DOH to annually report the number of cats and dogs sold, adopted, bartered, exchanged, or transferred in the preceding calendar year by the animal rescue organization, and to whom the cats and dogs were sold, released for adoption, bartered, exchanged, or transferred. The bill establishes an annual registration fee of $25. A person who is required to register with the DOH but fails to do so is subject to a civil penalty of up to $1,000. For second or subsequent violations, at the discretion of the court, the person may also be suspended or permanently prohibited from operating as an animal rescue organization in the State.
Finally, the bill exempts from its requirements any sale, transfer, exchange, or barter of a cat or dog for purposes related to the conduct of biomedical research by a research facility registered with the United States Department of Agriculture, or at a facility conducting biomedical research in compliance with the "Public Health Service Policy on Humane Care and Use of Laboratory Animals" issued by the United States National Institutes of Health.
