Bill > S874

Introduced Session

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.

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Brian Stack (D)*,  Nia Gill (D), 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/27/2020)