Bill Text: NJ S2728 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires health certificate, bill of sale, and certain breeder information for each cat or dog sold in the State and such information be made available to consumers; establishes penalties for violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-29 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S2728 Detail]
Download: New_Jersey-2012-S2728-Introduced.html
Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Requires health certificate, bill of sale, and certain breeder information for each cat or dog sold in the State and such information be made available to consumers; establishes penalties for violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of dogs and cats, and supplementing Title 4 of the Revised Statutes and P.L.1999, c.336 (C.56:8-92 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1941, c.151 (C.4:19-15.1) is amended to read as follows:
1. As used in P.L.1941, c.151 (C.4:19-15.1 et seq.):
"Animal rescue organization" means an individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.
"Animal rescue organization facility" means the home or other facility in which an animal rescue organization houses and cares for an animal.
"Animal shelter" means any establishment, other than a foster home, that receives, houses and distributes animals that have been abandoned or lost or are in physical danger and are in need of temporary care and housing until the animal is relocated to permanent care and housing or is euthanized. The term "animal shelter" shall include, but need not be limited to, an establishment or a facility that is contracted by a municipality as an animal control facility to which the animal control officer of the municipality may deliver animals that are found abandoned, lost or in physical danger.
"Certified animal control officer" means a person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525 (C.4:19-15.16a et seq.) for a period of three years before January 17, 1987.
"Commissioner" means the Commissioner of the Department of Health.
"Department" means the Department of Health.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Dog" means any dog, bitch or spayed bitch.
"Dog of licensing age" means any dog which has attained the age of seven months or which possesses a set of permanent teeth. "Foster home" means [placement of a cat or dog with] a place that is owned or operated by an individual or group that is not an animal rescue organization where a cat or dog is placed for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.
"Kennel" means any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop as defined in this section.
"Owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in [his] the person's keeping.
"Pet" means a domestic companion animal, as defined in section 1 of P.L.1995, c.145 (C.4:19A-16).
"Pet shop" means any place of business [which is not part of a kennel], wherein animals, including, but not limited to, [dogs, cats,] birds, cats, dogs, fish, [reptiles, rabbits, hamsters or] , gerbils, hamsters, rabbits, or reptiles, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes. "Pet shop" shall include a kennel that sells dogs but does not breed dogs or, if dogs are bred at the kennel, the majority of dogs sold by the kennel are not offspring of dogs bred by the kennel.
"Pound" means an establishment for the confinement of dogs or other animals seized either under the provisions of this act or otherwise.
"Shelter" means any establishment where dogs or other animals are received, housed and distributed , or an animal shelter.
"Sterilize" means to render an animal incapable of reproducing by either spaying or neutering.
(cf: P.L.2011, c.142, s.1)
2. (New section) a. Every pet shop or kennel selling cats or dogs shall provide, with each cat or dog, a health certificate that includes the information required pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). No cat or dog may be sold in the State unless the cat or dog has a health certificate as required by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The pet shop or kennel shall post on each cage and in a conspicuous location:
(1) a sign specifically stating, "UPON REQUEST, YOU HAVE A RIGHT TO A COPY OF THE HEALTH HISTORY AND BREEDER INFORMATION FOR ANY ANIMAL OFFERED FOR SALE IN THIS ESTABLISHMENT, REGARDLESS OF WHETHER YOU ARE BUYING THE ANIMAL"; and
(2) a sign providing: (a) the specific websites for the United States Department of Agriculture or any other federal, State or local agency or organization where the consumer may request and obtain inspection records of any United States Department of Agriculture licensed breeder; (b) instructions on how to access the website and the online information concerning the inspection records of any United States Department of Agriculture licensed breeder; and (c) the consumer's right to request from the pet shop or kennel a written copy of the website address and the instructions for how to access it.
3. (New section) a. The health certificate required pursuant to section 2 and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall provide, in a standardized form prescribed by the Department of Health, the following information:
(1) The name, street address, and phone number of the breeder and, if the person is a dealer licensed by the United States Department of Agriculture, the person's federal dealer identification number;
(2) The name, address and phone number of the person who provided the cat or dog to the pet shop or, if different from the breeder named pursuant to paragraph (1) of this subsection;
(3) The date of birth of the cat or dog, the cat's or dog's age, or an approximation provided by a licensed veterinarian, and the sex, color markings, and any identifier information for the cat or dog, including, but not limited to, any tag, tattoo, collar number, or microchip information;
(4) The cat's or dog's origin, including contact information for the breeder of the cat or dog, that the cat or dog did not originate within an area under quarantine for rabies, and, as ascertained by the veterinarian, that the cat or dog has not been exposed to rabies within 100 days of importation;
(5) A record of the immunizations administered to the cat or dog as of the time of sale, including the dates of administration and the
type of vaccine, and for a dog, the rabies tag number;
(6) An assessment of the cat's or dog's health, including whether the cat or dog shows no signs of infectious or communicable disease, or does exhibit symptoms or such disease;
(7) If purebred or registerable with a cat or dog registry, the name of the sire or dam or both names, their registration, the litter number of the cat or dog, if any, and if any similar information is available, from the registry organization;
(8) A copy of each bill of sale, record of sales, or any other information required by the Division of Consumer Affairs pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the animal each time it was sold, exchanged, bartered, gave away, or transferred the animal; and
(9) A record of any veterinarian treatment or medication received by a cat or dog while in the possession of a pet dealer to treat any disease, illness, or condition that required hospitalization or surgical procedures, and one of the following -
(a) A statement that the cat or dog has no known disease, illness, or condition that requires hospitalization, surgical procedures or ongoing treatment at the time of sale, dated and signed by a licensed veterinarian no more than 14 days prior to the sale, that also authorizes the sale of the cat or dog; or
(b) A record of any known disease, illness, or condition that requires hospitalization, surgical procedures or ongoing treatment with which the cat or dog is afflicted at the time of sale, and a statement, dated and signed by a licensed veterinarian no more than 14 days prior to the sale, that recommends a course of treatment, authorizes the sale of the cat or dog afflicted with the disease, illness or condition, and states that the recommended course of treatment is necessary for the good health and survival of the cat or dog being sold.
b. Each cat or dog transported into this State for sale by a kennel, pet shop, or pet dealer shall have a health certificate as provided for in subsection a. of this section, except that an out-of-State pet dealer may have a certificate prepared by a veterinarian licensed in the out-of-State dealer's state. All other health certificates shall be prepared by a State licensed veterinarian. The health certificate, or a copy thereof, shall accompany the animal while in this State.
c. In addition to any other information required pursuant to this section and the "Pet Purchase Protection Act," P.L.1999, c.336 (C.56:8-92 et seq.), the pet shop or kennel shall provide to the consumer in writing: (a) the website addresses for the United States Department of Agriculture or any other federal, State or local agency or organization where the consumer may obtain inspection records of any United States Department of Agriculture licensed breeder; and (b) instructions on how to access the websites and online information concerning the inspection records of any United States Department of Agriculture licensed breeder.
d. Any information required pursuant to this section shall be available in writing to any person who requests it, whenever it is requested.
4. (New section) a. Every cat or dog sold in the State shall have a health certificate as required pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). No cat or dog may be sold in the State unless the cat or dog has a health certificate as required by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. In addition to any other information required pursuant to this section and the "Pet Purchase Protection Act," P.L.1999, c.336 (C.56:8-92 et seq.), the pet shop, kennel, or any other type of business that sells cats or dogs shall provide the consumer with the United States Department of Agriculture website address which may be accessed by the consumer to obtain inspection records on any breeder licensed by the United State Department of Agriculture.
c. Wherever a cat or dog is sold, the establishment selling the cat or dog shall post on each cage or enclosure for the animal, and in a conspicuous location:
(1) a sign specifically stating, "UPON REQUEST, YOU HAVE A RIGHT TO A COPY OF THE HEALTH HISTORY AND BREEDER INFORMATION FOR ANY ANIMAL OFFERED FOR SALE IN THIS ESTABLISHMENT, REGARDLESS OF WHETHER YOU ARE BUYING THE ANIMAL"; and
(2) a sign providing: (a) the specific websites for the United States Department of Agriculture or any other federal, State or local agency or organization where the consumer may request and obtain inspection records of any United States Department of Agriculture licensed breeder; (b) instructions on how to access the website and the online information concerning the inspection records of any United States Department of Agriculture licensed breeder; and (c) the consumer's right to request from the establishment selling the cat or dog a written copy of the website address and the instructions for how to access it.
d. The information required pursuant to this section shall be available in writing to any person who requests it, whenever it is requested.
5. (New section) a. It shall be a deceptive practice to withhold the health certificate and breeder information concerning a specific cat or dog, or to fail to update the health certificate in a timely manner and provide a less than up-to-date health certificate to a consumer. It shall be the responsibility of the owner or operator of a pet shop or to update the health certificate of a cat or dog as soon as possible but in no case more than five business days after any information is provided or any health-related action or procedure is taken involving the cat or the dog.
b. Any person violating the provisions of subsection a. of this section or providing a health certificate that does not contain the name, address and phone number of the person who provided the cat or dog to the kennel, pet shop, or other type of business that sells cats or dogs, shall be subject to a fine of $500 for each violation, to be collected by the division 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. (New section) a. Every pet shop, kennel, or pet dealer shall have for each animal purchased a bill of sale or record of sales for each sale of the animal prior to the pet shop, kennel, or pet dealer receiving the animal, and shall provide a bill of sale for the animal when the pet shop, kennel, or pet dealer sells the animal. A bill of sale or record of sales which is fraudulent or indicates the theft of an animal may be used as evidence for license revocation by a municipality or by the Division of Consumer Affairs, pursuant to P.L.1999, c.316 (C.56:8-92 et al.). A pet shop, kennel, or pet dealer may be required to pay to the division a reasonable administrative penalty for violations, as established by the division.
b. A bill of sale or record of sales shall include the current and valid license number of the pet shop, kennel, or pet dealer that sold, exchanged, bartered, gave away, or transferred the animal and any other information required by the division. A copy of each bill of sale or record of sales of the animal shall be attached to the health certificate required pursuant to sections 2 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). Copies of the bills of sale or records of sales for each animal sold, exchanged, bartered, gave away, or transferred shall be kept by the pet shop, kennel, or pet dealer for at least two years.
7. 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 practice 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.
Furthermore, it shall be a deceptive practice to withhold the health certificate and breeder information concerning a specific cat or dog, or to fail to update the health certificate in a timely manner and provide a less than up-to-date health certificate to a consumer. It shall be the responsibility of the owner or operator of a pet shop or to update the health certificate of a cat or dog as soon as possible but in no case more than five business days after any information is provided or any health-related action or procedure is taken involving the cat or the dog pursuant to this section or otherwise.
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 that is maintained for each animal [as required by regulations adopted] pursuant to [Title 56 of the Revised Statutes] section 3 of P.L. , c. (C, ) (pending before the Legislature as this bill). If [fourteen] 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. Each cage in a pet shop shall have a label identifying the sex and breed of each animal kept in the cage, the date and place of birth of each animal, and the name and address of the veterinarian attending to the animal and the date of the initial examination of the animal.
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; and
(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.
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 the form at the time of purchase of an animal, 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 contact 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 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 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 after the date of purchase and a veterinarian certifies, within the 180 days 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.
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. Notwithstanding any other provision of this section to the contrary, the consumer shall have no right to any recourse pursuant to this section for any health condition of the cat or dog, which was disclosed in the health certificate of the animal required pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1999, c.336, s.4)
8. This act shall take effect immediately.
STATEMENT
This bill requires a health certificate containing specific information, as provided in the bill, to accompany every cat and dog sold in the State, and every cat and dog that is transported into the State for purposes of sale. The bill further requires each pet shop, kennel or other establishment engaged in the sale or distribution of cats or dogs to post signs containing information related to the inspection of the breeder, as well as instructions for how to access breeder inspection records on the Internet. The bill requires all this information to be provided in a written copy upon request by the consumer.
The bill would establish a penalty of $500 for any person who:
1) withholds a health certificate;
2) fails to update the health certificate in a timely manner; or
3) fails to identify on the health certificate the name address and phone number of the person who provided the animal to the pet shop, kennel or other establishment.
Violations would be categorized by the bill as deceptive business practices.
Finally, the bill would require each pet shop, kennel or other establishment engaged in the sale of cats or dogs to retain a bill of sale and records of sales for each cat or dog sold thereby. The bill requires these documents to be kept for a period of two years, and to provide a copy of the bill of sale to the person purchasing the animal.
