Bill Text: NJ A2533 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires permit for operation of petting zoos and certain animal or agricultural exhibitions, shows, and fairs; establishes sanitation requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-03-16 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2533 Detail]
Download: New_Jersey-2010-A2533-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
Assemblyman JACK CONNERS
District 7 (Burlington and Camden)
SYNOPSIS
Requires permit for operation of petting zoos and certain animal or agricultural exhibitions, shows, and fairs; establishes sanitation requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning petting zoos and animal or agricultural exhibitions, shows, and fairs, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No owner or operator of a petting zoo or an animal or agricultural exhibition, show, or fair in which humans may come into personal contact with animals may operate the petting zoo or animal or agricultural exhibition, show, or fair for use by the general public unless the owner or operator has obtained an operation permit issued by the Department of Agriculture.
b. The Department of Agriculture may issue an operation permit only after physically inspecting the petting zoo or animal or agricultural exhibition, show, or fair and determining that the facility meets the requirements of this act and any rules and regulations adopted pursuant thereto. The department may deny, suspend, or revoke a permit on the basis that the facility does not comply with the provisions of this act or any rules or regulations adopted pursuant thereto.
2. The Department of Agriculture, in consultation with the Department of Health and Senior Services, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the operation of, and the issuance of permits for, any petting zoo or any animal or agricultural exhibition, show, or fair in which humans may come into contact with animals. The rules and regulations shall include, but need not be limited to, requirements for:
a. the posting of signs indicating (1) the location of the hand-cleaning stations or facilities on the site, (2) the procedure to be followed to ensure proper cleaning of the hands, (3) the importance of cleaning the hands prior to and after contact with the animals, and (4) the importance of preventing children from putting their hands or objects, such as pacifiers, into their mouths while interacting with animals;
b. the prohibiting of the feeding of animals unless the feed is provided by the owner or operator of the petting zoo or animal or agricultural exhibition, show, or fair;
c. the providing of garbage receptacles for disposal of waste, and ensuring that those receptacles are not accessible to the animals;
d. the providing of cleaning supplies in a safe manner to protect visitors and the animals; and
e. he posting of
educational materials to inform the owners and operators of petting zoos and
animal or agricultural exhibitions,
shows, and fairs, and the general public about the health risks associated with
diseases transmitted by physical contact with animals.
3. a. A person violating this act, or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $1,000. If the violation is of a continuing nature, each day during which it continues shall constitute a separate offense for the purposes of this section.
Any civil penalty imposed pursuant to this section may be collected by the Department of Agriculture with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999."
b. The Department of Agriculture may compromise and settle any claim for a penalty under this act in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
c. The Department of Agriculture may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent a violation of this act, or any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner.
d. The Department of Agriculture shall consult with the Department of Health and Senior Services concerning enforcement of this act.
4. This act shall take effect on the 120th day after the date of enactment, but the Department of Agriculture may take such anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.
STATEMENT
This bill would provide that
no owner or operator of a petting zoo or an animal or agricultural exhibition,
show, or fair in which humans may come into personal contact with animals may
operate any of these facilities for use by the general public unless the owner
or operator has obtained an operation permit issued by the Department of
Agriculture. In addition, the bill would essentially codify
Department of Agriculture sanitation guidelines, issued in April 2005, for
human contact with animals at petting zoos and animal or agricultural
exhibitions, shows, and fairs. Under the bill, the guidelines would become
requirements imposed upon the owners and operators of these facilities or operations.
The bill
would establish a civil fine of up to $1,000 for violating the bill or any
implementing rule or regulation, with each day during which the violation
continues constituting a separate offense.
