Bill Text: NJ S874 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits sale of cats, dogs, or rabbit by pet shops; prohibits certain transactions between animal shelters, pounds, animal rescue organizations, and animal breeders or brokers; repeals "Pet Purchase Protection Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-27 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S874 Detail]
Download: New_Jersey-2020-S874-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Prohibits sale of cats, dogs, or rabbits by pet shops; prohibits certain transactions between animal shelters, pounds, animal rescue organizations, and animal breeders or brokers; repeals "Pet Purchase Protection Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the adoption of animals and the sourcing of animals to animal shelters, pounds, and animal rescue organizations, supplementing Title 4 of the Revised Statutes, amending P.L.1941, c.151, and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that it is an important public policy to support the adoption of homeless animals from animal rescue organizations, animal shelters, and pounds; that consumers have the right to choose responsible breeders from whom to purchase healthy cats, dogs, or rabbits; that despite the consumer protections enacted by the State, pet shops continue to obtain unhealthy cats and dogs from kitten and puppy mills; that with so many adoptable cats and dogs available, it is unnecessary to have pet shops continue to sell cats or dogs; and that rabbits continue to be sold by pet shops in the spring and often end up abandoned at animal rescues, shelters, or pounds.
The Legislature furthermore finds and declares that responsible breeders are ones that do not engage in disreputable practices such as selling puppies sight unseen; that responsible dog breeders can play a vital role in the effort to stop the mistreatment that occurs at puppy mills by offering guidance on the humane breeding and care of dogs and puppies, and educate prospective buyers about the importance of humane breeding and care; that responsible breeders are attentive to the health of their animals, scrutinize pedigrees, test for genetic disease, and breed animals in order to improve the health and well-being of offspring in the animal's blood lines; that responsible breeders keep adult animals and the offspring in quarters that allow for optimal exercise; that they feed the animals nutritious foods and provide appropriate general and veterinary care; that they interview prospective owners and sell kittens and puppies with contracts which promise to take back the cat or dog if the new owner cannot continue to care for the animal; that responsible breeders do not raise and keep their animals in inhumane conditions and seldom sell animals to pet stores or ship animals directly via Internet sales; that unlike responsible breeders, commercial kitten and puppy mills do not perform adequate genetic screening, or provide proper housing and veterinary care; that kitten and puppy mills breed large volumes of kittens and puppies and engage in disreputable practices that are harmful to the health of the animals they breed and their offspring; that some puppy mills maintain misleading websites, make false promises, and redirect the public away from responsible breeders; and that while many kitten and puppy mills in the United States are not licensed as required by the United States Department of Agriculture (USDA), even those commercial breeder puppy mills that are licensed by the USDA do not provide humane care because the license only requires minimal standards for animal care and breeding practices.
The Legislature therefore determines that it is in the best interest of the citizens of the State to prohibit the sale of cats, dogs, and rabbits by pet shops; that establishing a prohibition would close an avenue to the sale of kitten and puppy mill cats and dogs to consumers; that it is also in the best interest of the citizens of the State to encourage pet shops to facilitate and achieve more successful adoptions by collaborating with animal rescue organizations, shelters, and pounds and showcasing cats and dogs available for adoption; that successful adoptions would be further supported by veterinary examinations and the establishment of animal health histories and animal health certificates for animals being offered for adoption; that responsible breeding would be encouraged by prohibiting breeders and brokers from receiving compensation from pet shops, animal rescue organizations, shelters, or pounds to which the breeders or brokers provide animals; and that it is important to reaffirm consumer rights under consumer fraud laws and hold all pet dealers responsible for the health of the animals they sell.
2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Animal rescue organization" means an animal rescue organization, as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1), whose primary mission and practice is the placement of abandoned, unwanted, neglected, or abused animals, or is a nonprofit organization established for the purpose of rescuing animals and is exempt from federal taxation pursuant to section 501(c)(3) of the Federal Internal Revenue Code, 26 U.S.C. s.501(c)(3).
"Breeder" means any person, firm, corporation, or organization in the business of breeding cats or dogs.
"Broker" means any person, firm, corporation, or organization who transfers a cat or dog for resale by another.
"Consumer" means a person purchasing a cat or dog not for the purposes of resale.
"Department" means the Department of Health.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Pet dealer" means any person engaged in the ordinary course of business in the sale of cats or dogs to the public for profit or any person who sells or offers for sale more than five cats or dogs in one year. The term "pet dealer" shall not include a pet shop.
"Pet shop" means a pet shop as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Pound" means a pound as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Shelter" means an establishment where dogs or other animals are received, housed, and distributed, whose primary mission and practice is the placement of abandoned, unwanted, neglected or abused animals, that does not obtain cats or dogs from a breeder or broker for payment or compensation, and that is either maintained by or under contract with a state, county, or municipality or is a nonprofit organization established for the purpose of sheltering animals and is exempt from federal taxation pursuant to section 501(c)(3) of the Federal Internal Revenue Code, 26 U.S.C. s.501(c)(3).
"Unfit for purchase" means having any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal to the consumer.
"Veterinarian" means a veterinarian licensed to practice in the State of New Jersey.
3. (New section) a. No provision of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed in any way to alter, diminish, replace, or revoke the requirements for pet dealers that are not pet shops or the rights of a consumer purchasing an animal from a pet dealer that is not a pet shop, as may be provided elsewhere in law or any rule or regulation adopted pursuant thereto. Any provision of law pertaining to pet shops, or rule or regulation adopted pursuant thereto, that does not pertain to the sale of cats, dogs, or rabbits shall continue to apply to pet shops. No provision of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed in any way to alter, diminish, replace, or revoke any recourse or remedy that is otherwise available to a consumer purchasing a cat, dog, rabbit, or any other type of animal provided under any other law.
b. Without limiting the
prosecution of any other practices which may be unlawful pursuant to Title 56
of the Revised Statutes, it shall be an unlawful practice and a violation of
P.L.1960, c.39 (C.56:8-1 et seq.) for any breeder or broker to knowingly sell a
cat or dog that is unfit for purchase. The death of an animal within 14 days after
the date of its delivery to the consumer, except by death by accident or as a
result of injuries sustained during that period, shall be construed to mean the
animal was unfit for purchase.
4. (New section) No animal rescue organization or animal rescue organization facility, pet shop, shelter, or pound may obtain a cat, dog, or rabbit from a breeder or broker in exchange for payment or compensation, monetary or otherwise.
5. (New section) a. No pet shop shall sell or offer for sale a cat, dog, or rabbit. A pet shop may sell or offer for sale any other type of animal as may be otherwise permitted pursuant to State law, or rules or regulations adopted pursuant thereto, or pet supplies for any type of animal, including a cat, dog, or rabbit.
b. A pet shop may, in collaboration with an animal rescue organization, shelter, or pound, offer space in the pet shop to showcase cats, dogs, or rabbits that are available for adoption, provided that no payment or compensation, monetary or otherwise, is exchanged between the pet shop and animal rescue organization, shelter, or pound, for the use of the pet shop or for the adoption of any cat, dog, rabbit, or any other animal.
6. (New section) No provision of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to interfere with the implementation of, or otherwise invalidate, or limit or restrict any municipality, county, local health agency, or municipal or county board of health from enacting or enforcing, any law, ordinance, rule, or regulation that places additional obligations or restrictions on pet shops, pet shop sales, breeders, brokers, or breeder or broker sales.
7. (New section) a. In addition to any applicable requirements pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16) or section 6 of P.L.2011, c.142 (C.4:19-15.33), when an animal first becomes available for adoption, the owner or operator of an animal rescue organization facility, shelter, pound, or employee thereof, or, if a pet shop is showcasing the animals for adoption, the owner or operator of the pet shop, or employee thereof, shall have the animal examined by a veterinarian licensed to practice in the State.
b. The veterinarian shall establish and issue an animal health history and animal health certificate based on the examination required pursuant to subsection a. of this section. The animal health history and animal health certificate shall document the name and address of the examining veterinarian and the health and condition of the animal:
(1) identifying any disease, deformity, injury, physical condition, illness or defect which was manifest, capable of diagnosis, or severely affects the health of the animal on or before the date of the examination; and
(2) documenting any suspected congenital or hereditary disease, deformity, injury, physical condition, illness or defect that may not be fully manifest in the animal on the date of the examination but may severely affect the health of the animal in the future.
c. If the animal is not adopted within 14 days after the initial veterinarian examination is performed pursuant to subsection a. of this section, the owner or operator of an animal rescue organization facility, shelter, pound, or employee thereof, or if a pet shop is showcasing the animals for adoption, the owner or operator of the pet shop, or employee thereof, shall have the animal re-examined by a veterinarian licensed to practice in the State, and the veterinarian shall update the animal health history and animal health certificate accordingly, no more than five days before releasing the animal to an adoptive owner.
d. An animal rescue organization, shelter, or pound providing an animal for adoption, or a pet shop that is showcasing the adoptions and providing for the veterinarian examination required pursuant to subsection b. of this section, may charge the adoptive owner a reasonable fee to defray the cost of the examination and issuance of the animal health history and animal health certificate by the veterinarian. A copy of the current animal health history and animal health certificate for the animal shall be provided to the adoptive owner.
8. (New section) In addition to any penalties imposed pursuant to the State consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.), any person who violates P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, any owner or operator who fails to provide information or provides false information pursuant to the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill), 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.).
9. (New section) The Department of Health may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
10. (New section) The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. Section 8 of P.L.1941, c.151 (C.4:19-15.8) is amended to read as follows:
8. a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling [him] the licensee to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments, provided that any license for a pet shop issued or renewed on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not permit the pet shop to sell cats, dogs, or rabbits.
b. All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the Department of Health or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board [, except as provided in subsection c. of this section].
Any person holding a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the establishments; the licenses shall not be transferable to another owner or different premises.
c. [The license for a pet shop shall be subject to review by the municipality, upon recommendation by the Department of Health or the local health authority for failure by the pet shop to comply with the rules and regulations of the State department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c. or d. of section 5 of P.L.1999, c.336 (C.56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to subsection e. of section 5 of P.L.1999, c.336 (C.56:8-96).
The municipality, based on the criteria for the recommendation of the local health authority provided under subsections c. and d. of section 5 of P.L.1999, c.336 (C.56:8-96), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
d. The municipality may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats [and], dogs, and rabbits, and sell animals other than cats [and], dogs [but restricts the pet shop from selling cats or dogs, or both], and rabbits.
e. [Every pet shop licensed in the State shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the municipality in which it is located, and the municipality shall provide this information to the local health authority.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
f. The license for a kennel, pet shop, shelter, or pound may be subject to review for suspension or revocation if the kennel, pet shop, shelter, or pound fails to comply with the rules and regulations governing the sanitary conduct and operation of kennels, pet shop shelter, or pound adopted pursuant to P.L.1941, c.151 (C.4:19-15.14) or the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) that are applicable to the facility. No license shall be suspended or revoked without a hearing.
(cf: P.L.2012, c.17, s.5)
12. 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 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 for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(1) the animal is surrendered voluntarily by its 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; or
(2) may transfer the animal to an animal rescue organization facility or a foster home prior to offering it 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 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 to the owner or person charged with its 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; 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. Prior to the release of a cat or dog to an adoptive owner, the shelter or pound shall comply with the requirements of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall provide the adoptive owner with a copy of the current animal health history and animal health certificate issued pursuant thereto. 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.
(cf: P.L.2012, c.17, s.7)
13. 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] Every animal rescue organization [may voluntarily participate in the registry] operating in the State shall register with the department.
b. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), [may] shall adopt rules and regulations for the operation of animal rescue organization facilities, and any rules and regulations determined necessary to implement the [voluntary] registry , the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), [establish] and to coordinate [its] the use of the registry and implementation of P.L. , c. (C. ) (pending before the Legislature as this bill) with the provisions of 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. The Department of Health shall establish and provide on the department's website a contact telephone number and email address for contacting the department with concerns and questions in regards to animal rescue organizations and their facilities in the State.
(cf: P.L.2012, c.17, s.13)
14. The following sections are repealed: Sections 1 through 5, and section 7 of P.L.1999, c.331 (C.56:8-92 through C.56:8-95, C.56:8-96, and C.56:8-97); and sections 3 through 5 of P.L.2015, c.7 (C.56:8-95.1 through C.56:8-95.3).
15. This act shall take
effect immediately.
STATEMENT
This bill repeals the "Pet Purchase Protection Act," P.L.1999, c.336 (C.56:8-92 et seq.) and replaces it with a prohibition on the sale of cats, dogs, and rabbits by pet shops. The bill also imposes several other requirements concerning the sale and adoption of animals.
The bill provides that, without limiting the prosecution of any other practices which may be unlawful pursuant to State consumer fraud laws, it would be an unlawful practice and a violation of State consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.), for any breeder or broker to knowingly sell a cat or dog that is unfit for purchase. The bill defines "unfit for purchase" as having any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal to the consumer. The bill specifies that the death of an animal within 14 days of its delivery to the consumer, except by death by accident or as a result of injuries sustained during that period, would be construed to mean the animal was unfit for purchase.
The bill establishes a prohibition on the sale of cats, dogs, or rabbits by pet shops. The bill authorizes a pet shop to:
1) sell or offer for sale any other type of animal as may be otherwise permitted pursuant to State law or regulation, or sell or offer for sale pet supplies for any type of animal, including a cat, dog, or rabbit, if it is licensed by its municipality to do so; and
2) offer, in collaboration with an animal rescue organization, shelter, or pound, space in the pet shop to showcase cats, dogs, and rabbits that are available for adoption, provided that no payment or compensation, monetary or otherwise, is exchanged between the pet shop and animal rescue organization, shelter, or pound, for the use of the pet shop or for the adoption of any cat, dog, rabbit, or any other animal.
The bill prohibits animal rescue organizations, animal rescue organization facilities, pet shops, shelters, or pounds from obtaining a cat, dog, or rabbit from a breeder or broker in exchange for any type of compensation.
The bill establishes additional requirements concerning animal adoptions.
The bill requires that, when the animal is first available for adoption, the animal be examined by a veterinarian. The veterinarian is required to establish an animal health history and issue an animal health certificate based on the examination that documents the name and address of the examining veterinarian and the health and condition of the animal, including the health information specified in subsection b. of section 7 of the bill.
The bill requires the animal be re-examined and the history and certificate updated accordingly if the animal is not adopted within 14 days after the initial veterinary examination, but no more than five days before the animal is released to the adoptive owner. The bill requires that the adoptive owner receive a copy of the current animal health history and animal health certificate of the animal. The bill also authorizes charging the adoptive owner a reasonable fee to defray the costs of the examination and the issuance of the animal health history and animal health certificate of the animal.
The bill specifies that:
1) no provision of the bill can be construed to alter, diminish, replace, or revoke the requirements for pet dealers that are not pet shops or the rights of a consumer purchasing an animal from a pet dealer that is not a pet shop, as may be provided elsewhere in law or any rule or regulation;
2) any provision of law or regulation pertaining to pet shops that does not pertain to the sale of cats, dogs, or rabbits would continue to apply to pet shops; and
3) no provision of the bill can be construed to alter, diminish, replace, or revoke any recourse or remedy that is otherwise available to a consumer purchasing a cat, dog, rabbit, or any other type of animal and provided under any other law.
The bill specifies that the bill's provisions cannot be construed to interfere with the implementation of, or otherwise invalidate, or limit or restrict any municipality, county, local health agency, or municipal or county board of health from enacting or enforcing, any law, ordinance, rule, or regulation that places additional obligations or restrictions on pet shops, pet shop sales, breeders, brokers, or breeder or broker sales.
The bill establishes, in addition to any penalties imposed pursuant to the State consumer fraud law, a fine of $500 for each violation of the bill, including failing to provide required information or providing false information, to be collected in a civil action under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
Finally, the bill authorizes the Department of Health and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to adopt any rules or regulations necessary to implement the bill's provisions.
