A4051

An Act concerning the sale of cats, dogs, and rabbits, 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; and 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.

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.

“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.

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.

c. A person who violates the provisions of subsection a. of this section shall be subject to a fine of $500 for each violation, to be collected by the municipality in which the violation occurs 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 and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty established by this section.

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, pet dealers, breeders, brokers, or breeder or broker sales.

7. 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 shops, shelters, or pounds 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)

8. The following sections are repealed: Sections 1 through 5, and section 7 of P.L.1999, c.336 (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).

9. 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, and 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 and establishes a $500 fine for each violation of this prohibition to be collected in a civil action under the Penalty Enforcement Law of 1999. 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 specifies that:

1) no provision of the bill may 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 may 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 may not 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, pet dealers, breeders, brokers, or breeder or broker sales.