SENATE, No. 2820

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JULY 1, 2018

 


 

Sponsored by:

Senator  BRIAN P. STACK

District 33 (Hudson)

 

 

 

 

SYNOPSIS

     Directs DOH to adopt dog breeding standards; prohibits dog breeding without USDA license and compliance with DOH standards.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the breeding of dogs 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.     The Department of Health shall develop standards for the appropriate breeding of dogs in commercial and residential settings, and shall adopt, within 180 days after the effective date of this act, those standards as rules or regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

     b.    It shall be unlawful to breed any dog:

     (1) without the appropriate, current United States Department of Agriculture license for the breeding of a dog required pursuant to the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq.; and

     (2) in a manner that does not comply with the standards adopted by the Department of Health pursuant to subsection a. of this section.

     c.     A violator of subsection b. of this section shall be subject to:

     (1) forfeiture of any dog and its offspring in the person’s possession; and

     (2) a civil penalty of up to $1,000 for the first offense, and up to $2,000 for each subsequent offense, to be collected in a civil action by the Department of Health or the local health agency by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill directs the Department of Health (DOH) to develop standards for the appropriate breeding of dogs in commercial and residential settings, and to adopt, within 180 days after the effective date of the bill, those standards as regulations.  The bill further prohibits breeding a dog:

     1) without the appropriate, current United States Department of Agriculture (USDA) license for the breeding of a dog required by federal law; and

     2) in a manner that does not comply with the standards established by DOH.

     Violators of the bill would be subject to:

     1) forfeiture of any dog and its offspring in the person’s possession; and

     (2) a civil penalty of up to $1,000 for the first offense, and up to $2,000 for each subsequent offense.