New Jersey-2018-A3048-Introduced

An Act concerning the importation, sale, care, and training of cats and dogs, supplementing Title 4 of the Revised Statutes and amending P.L.1941, c.151.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. No person may import a cat or dog into the State with the intent of selling the cat or dog or transferring ownership of the cat or dog for the purpose of sale unless the person is registered as an animal importer with the Department of Health. Any person importing cats or dogs into the State for these purposes shall comply with the provisions of this section.

b. 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 establishing the procedures and registration and reporting requirements for animal importers, and the procedures and reporting requirements concerning the importation of cats and dogs into the State.

The registration and reporting requirements shall include, but need not be limited to:

(1) the name, mailing address, business address, telephone number, and Internet address 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, and Internet address of an in-State representative of the animal importer 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 preceding calendar year; and

(4) the state or country of origin of each cat or dog brought into the State by the animal importer.

c. No later than the December 31 next following the date of enactment 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 establishing requirements for the health, safety, and humane treatment of cats and dogs by animal importers. These requirements shall include, but need not be limited to, providing appropriate shelter, making sufficient food and water available, and establishing the standard of care to be provided by animal importers.

d. The commissioner shall impose and collect a registration fee of $100 for each animal importer registration. Each new 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 animal importer is in continued compliance with the requirements for the health, safety, and humane treatment of cats and dogs by animal importers established by rule or regulation 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 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, upon request, provided the department does not enter the animal importer's residence without authorization.

f. Any person who violates the provisions of this section, or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $500, to 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 or municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection.

g. For the purposes of this section, "animal importer" means a person who brings any cat or dog into the State from any other state or sovereign entity for the purpose of offering the cat or dog for sale, adoption, or transfer in exchange for any fee, sale, voluntary contribution, service, or other consideration. "Animal importer" includes any commercial or nonprofit animal rescue, adoption, or humane relocation or delivery organization that is not otherwise required to be licensed by the Department of Health.

2. (New section) a. Any animal importer who intends to offer for sale, adoption, or transfer any cat or dog 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 thereof in writing to the Department of Health and the municipal zoning enforcement officer in the municipality where the sale, adoption, or transfer is to occur, at least 10 days prior to the event. The notice shall state the date of the sale, adoption, or transfer event, the exact location thereof, and the anticipated number of cats and dogs expected at the sale, adoption, or transfer event.

b. Any person who fails to provide the required notice pursuant to subsection a. of this section shall be subject to a civil penalty of up to $100, to 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 or the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection.

3. (New section) a. Any person who owns, operates, or proposes to establish an animal grooming facility or animal training facility shall obtain a license from the municipal clerk in the municipality in which the animal grooming facility or an animal training facility is or would be located. Each license shall have an application fee of $100, to be collected by the municipality in which the facility is to be located, with the written application for the license as established by the Department of Health pursuant to subsection b. of this section. The first license issued to each animal grooming facility or an animal training facility shall expire on December 31 next following the date upon which the license is issued. The license shall be renewed every January 1 thereafter, provided that the animal grooming facility or animal training facility is in compliance with subsection b. of this section and the facility continues to do business in the municipality. A valid license issued pursuant to this subsection may be transferred to another person owning or operating the facility with the approval of the Commissioner of Health.

b. 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 establishing the license requirements and application process, and providing for the sanitation, disease control, and humane treatment of animals in animal grooming facilities and animal training facilities. The commissioner shall inspect these facilities upon the first licensing of the facility, and at least once per calendar year thereafter. If the commissioner finds that the animal grooming facility or animal training facility is in violation of the rules and regulations adopted pursuant to this subsection, the commissioner shall notify the facility, in writing, of its violation and the requirement to comply so as to avoid loss of the facility's license. If the commissioner finds that the violation is not corrected, after a hearing in accordance with the rules and regulations established pursuant to this subsection, the commissioner may revoke the license of the animal grooming facility or animal training facility. The commissioner shall notify in writing the facility and the municipality in which it is located of the decision to revoke the license, within 10 business days after the decision is made.

4. 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] the dog shall be licensed pursuant to 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] the dog shall be licensed pursuant to section 8 of P.L.1941, c.151 (C.4:19-15.8). Any animal importer shall comply with the requirements established pursuant to sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill.

(cf: P.L.1941, c. 151, s.6)

5. This act shall take effect immediately.

STATEMENT

This bill requires registration and reporting of certain information by animal importers, and municipal licensing of animal grooming facilities and animal training facilities. Any person who brings a cat or dog into the State from another state or sovereign entity for the purpose of offering the cat or dog for sale, adoption, or transfer in exchange for any fee, sale, voluntary contribution, service, or other consideration is considered an animal importer under the bill, including animal rescues, adoption, or humane relocation, or delivery organizations.

Animal importers are required under the bill to register and report certain information enumerated in section 1 of the bill. din the bill. The Department of Health is directed to establish rules and regulations for the health, safety, and humane treatment of cats and dogs by animal importers, and for licensing animal grooming facilities and animal training facilities. The license fee is $100 and requires submittal of a written application to the municipality where the facility is located.

Animal importers who violate the bill's provisions are subject to a civil penalty of up to $500. They are also required to notify a municipality of plans to offer for sale, adoption, or transfer cats or dogs at a location that is open to the public or at an outdoor location, including a parking lot or shopping center. If they fail to do so, they are subject to a civil fine of up to $100.