S2045

An Act concerning the disposition of cats, dogs, and ferrets used for testing or research, amending P.L.2019, c.414 and P.L.2011, c.142, and supplementing P.L.2007, c.210 (C.4:22-58 et seq.).

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

1. (New section) a. Any cat, dog, or ferret used for product testing or research, conducted or contracted in the State by a company, corporation, manufacturer, or contract testing facility, shall be assessed for suitability for adoption, and, if suitable, shall be offered to an animal rescue organization or private individual for adoption after the product testing or research is concluded.

b. Whenever the company, corporation, manufacturer, or contract testing facility, as applicable, determines that a cat, dog, or ferret is suitable for adoption, the company, corporation, manufacturer, or contract testing facility, as applicable, shall contact an animal rescue organization or animal rescue organization facility identified on the Department of Health animal rescue database established pursuant to subsection c. of section 6 of P.L.2011, c.142 (C.4:19-15.33) to arrange for the animal’s adoption. If a company, corporation, manufacturer, or contract testing facility anticipates additional product testing or research that will require offering cats, dogs, or ferrets for adoption pursuant to this section, the company, corporation, manufacturer, or contract testing facility, as applicable, may enter into an agreement with an animal rescue organization or private individual to implement this section on an ongoing basis.

c. A company, corporation, manufacturer, or contract testing facility, as applicable, that provides a cat, dog, or ferret to an animal rescue organization or private individual pursuant to this section shall be immune from any civil liability arising from the transfer of the cat, dog, or ferret, provided the institution has acted in good faith concerning the suitability of the cat, dog, or ferret for adoption.

d. A company, corporation, manufacturer, or contract testing facility required to offer cats, dogs, or ferrets for adoption pursuant to this section may establish guidelines or other qualifications in order to determine if a cat, dog, or ferret is suitable for adoption, or to determine whether an animal rescue organization or private individual is qualified to receive a cat, dog, or ferret for adoption pursuant to this section.

e. A company, corporation, manufacturer, or contract testing facility using a cat, dog, or ferret for product testing or research facility in the State shall be subject to the enforcement provisions and reporting requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

f. As used in this section, "animal rescue organization" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

2. (New section) a. The Office of Veterinary Public Health in the Department of Health shall establish procedures for documenting the assessment and disposition of any cat, dog, or ferret used for product testing or research conducted or contracted by a company, corporation, manufacturer, or contract testing facility in the State, or used for educational, research, or scientific purposes by an institution of higher education or a research institution that contracts with an institution of higher education for such use of cats, dogs, or ferrets. The office shall monitor compliance with the procedures and enforce the provisions of section 1 of P.L.2019, c.414 (C.18A:3B-85) and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning the assessment of the suitability of animals for adoption and the requirements to offer suitable animals for adoption.

b. Each company, corporation, manufacturer, or contract testing facility in the State subject to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and each institution of higher education and research institution that is subject to the provisions of section 1 of P.L.2019, c.414
(C.18A:3B-85) shall register with the Office of Veterinary Public Health whenever using a cat, dog, or ferret for product testing or research, educational, research, scientific purposes, or when contracting for product testing or research or with an institution of higher education for such use of a cat, dog, or ferret for educational, research, or scientific purposes. The company, corporation, manufacturer, contract testing facility, institution of higher education, or research institution, as applicable, shall report to the office:

(1) the type and number of animals being used;

(2) the date on which the testing or research is completed or upon which the animal is no longer being used in the testing or research;

(3) an assessment of the condition of any animal no longer being used in the testing or research and its suitability for adoption;

(4) the disposition of the animal, including the name and contact information of the animal rescue organization with which, or the animal rescue organization facility in which, the animal is placed; and

(5) if an animal assessed as suitable for adoption is not adopted, documentation of the good faith effort to place the animal with an animal rescue organization or in an animal rescue organization facility, and any effort to offer the animal for private adoption.

c. The company, corporation, manufacturer, contract testing facility, institution of higher education, or research institution, as applicable, shall comply with the reporting requirements established pursuant to subsection b. of this section in the manner and with the frequency established by the Office of Veterinary Public Health pursuant to subsection a. of this section. The company, corporation, manufacturer, contract testing facility, institution of higher education, or research institution, as applicable, shall not be required to identify private individuals who have adopted animals but shall document which animals were adopted by private individuals.

d. (1) A company, corporation, manufacturer, contract testing facility, institution of higher education, or research institution that does not comply with the requirements established pursuant to subsections a., b., or c. of this section, section 1 of P.L.2019, c.414 (C.18A:3B-85) or section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), as applicable, shall be liable to a civil penalty of $10,000 for a first offense, and $50,000 for a second offense, to be collected in a summary proceeding brought by the Department of Health pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

(2) Upon a finding of a third offense, the department shall institute an action for an injunction to prohibit the company, corporation, manufacturer, contract testing facility, institution of higher education, or research institution from conducting animal testing.

(3) The Superior Court shall have the jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999” in connection with this subsection, and to impose an injunction pursuant to an action brought by the department pursuant to this subsection.

e. As used in this section, "animal rescue organization" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

3. 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] Each animal rescue organization [may voluntarily participate in] and animal rescue organization facility operating in the State shall register with the department on the registry.

b. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt any rules and regulations determined necessary to implement the [voluntary] registry and coordinate its use 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) , section 1 of P.L.2019, c.414 (C.18A:3B-85), and sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. To coordinate the use of the registry with the provisions of section 1 of P.L.2019, c.414 (C.18A:3B-85), and sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall establish an animal rescue database that shall identify all animal rescue organizations and animal rescue organization facilities that accept cats, dogs, or ferrets that have been used for product testing, or educational, research, or scientific purposes and are suitable for adoption.

(cf: P.L.2012, c.17, s.13)

4. Section 1 of P.L.2019, c.414 (C.18A:3B-85) is amended to read as follows:

1. a. (1) An institution of higher education that uses cats [or] , dogs, or ferrets for educational, research, or scientific purposes, or a research institution that contracts with an institution of higher education for the use of cats [or] , dogs, or ferrets for educational, research, or scientific purposes, shall require the assessment of the health of a cat [or] , dog, or ferret and determine whether it is suitable for adoption after the completion of any testing or research involving the cat [or] , dog, or ferret. If the institution determines that the cat [or] , dog, or ferret is suitable for adoption, the institution shall offer the cat [or] , dog, or ferret to an animal rescue organization or private individual for adoption.

(2) Whenever the institution determines that a cat, dog, or ferret is suitable for adoption, the institution shall contact an animal rescue organization or animal rescue organization facility identified on the Department of Health animal rescue database established pursuant to subsection c. of section 6 of P.L.2011, c.142
(C.4:19-15.33) to arrange for the animal’s adoption. An institution required to offer cats [or] , dogs, or ferrets for adoption pursuant to this section may enter into an agreement with an animal rescue organization or private individual to implement this section on an [on-going] ongoing basis.

(3) An institution of higher education using cats, dogs, or ferrets for educational, research, or scientific purposes, or a research institution that contracts with an institution of higher education for the use of cats, dogs, or ferrets for educational, research, or scientific purposes shall be subject to the enforcement provisions and reporting requirements established in section 2 of P.L. ,
c. (C. ) (pending before the Legislature as this bill).

b. An institution that provides a cat [or] , dog, or ferret to an animal rescue organization or private individual pursuant to this section shall be immune from any civil liability arising from the transfer of the cat [or] , dog, or ferret, provided the institution has acted in good faith concerning the suitability of the cat [or] , dog, or ferret for adoption.

c. An institution required to offer cats [or] , dogs, or ferrets for adoption pursuant to this section may establish guidelines or other qualifications in order to determine if a cat [or] , dog, or ferret is suitable for adoption, or to determine whether an animal rescue organization or private individual is qualified to receive a cat [or] , dog, or ferret for adoption pursuant to this section.

d. As used in this section, "animal rescue organization" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

(cf: P.L.2019, c.414, s.1)

5. This act shall take effect immediately.

STATEMENT

This bill requires any cat, dog, or ferret used for product testing or research conducted or contracted by a company, corporation, manufacturer, or contract testing facility in the State to be offered to an animal rescue organization or private individual for adoption when the testing or research is concluded, if the animal is assessed to be suitable for adoption. Current law limits circumstances under which animal product testing or research may be conducted by manufacturers and contract testing facilities. Current law also requires, pursuant to the “Homes for Animal Heroes Act,” P.L.2019, c.414 (C.18A:3B-85), that cats and dogs used for educational, research, or scientific purposes by an institution of higher education or a research institution that contracts with an institution of higher education for such use of cats and dogs, to be assessed for the suitability of adoption, and if suitable, to be offered for adoption. The bill expands the “Homes for Animal Heroes Act” to include testing or research using ferrets and to provide for adoption of ferrets used in that way.

The bill directs the Office of Veterinary Public Health (OVPH) in the Department of Health (DOH) to establish procedures for documenting the assessment and disposition of any cat, dog, or ferret used by a company, corporation, manufacturer, contract facility, institution of higher education, or a research institution for such purposes. The bill authorizes the OVPH to monitor compliance with the procedures and enforce the provisions of section 1 of the bill and section 1 of P.L.2019, c.414
(C.18A:3B-85), concerning the assessment of the suitability of animals for adoption and the requirements to offer suitable animals for adoption.

The bill further requires that each company, corporation, manufacturer, or contract testing facility that is subject to the bill, and each institution of higher education and research institution that is subject to the “Homes for Animal Heroes Act” to register with the OVPH when undertaking animal testing with cats, dogs, or ferrets, and to report to the OVPH:

1) the type and number of animals being used;

2) the date on which the testing or research is completed or upon which the animal is no longer being used in the testing or research;

3) an assessment of the condition of any animal no longer being used in the testing or research and its suitability for adoption;

4) the disposition of the animal, including the name and contact information of the animal rescue organization with which, or the animal rescue organization facility in which, the animal is placed; and

5) if an animal assessed as suitable for adoption is not adopted, documentation of the good faith effort to place the animal with an animal rescue organization or in an animal rescue organization facility, and any effort to offer the animal for private adoption.

The bill provides that private individuals who have adopted animals would not have to be identified but requires documentation of which animals were adopted by private individuals.

The bill establishes civil penalties for noncompliance with the bill’s provisions and requirements, and the provisions of the “Homes for Animal Heroes Act.” The bill provides for a civil penalty of $10,000 for a first offense, and $50,000 for a second offense, to be collected in a summary proceeding brought by the DOH pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Upon finding of a third offense, the DOH is required to institute an action for an injunction to prohibit the company, corporation, manufacturer, contract testing facility, institution of higher education, or research institution from conducting animal testing. The bill provides that the Superior Court would have jurisdiction for enforcing the “Penalty Enforcement Law of 1999” and for imposing an injunction for a third violation.

Finally, the bill requires the DOH to maintain a registry of animal rescue organizations and animal rescue organization facilities, directs the DOH to establish a database of those animal rescue organizations and facilities that accept animals that have been used in testing or research, and requires a company, corporation, manufacturer, contract facility, institution of higher education, or research institution, as applicable, to contact an animal rescue organization or animal rescue organization facility listed in the database whenever a cat, dog, or ferret used in testing or research is determined to be suitable for adoption.