A2612

ASSEMBLY, No. 2612

STATE OF NEW JERSEY

INTRODUCED DECEMBER 16, 1996

By Assemblymen FELICE, DALTON, R. Smith, Assemblywoman Quigley, Assemblyman Greenwald, Assemblywoman Weinberg, Assemblyman Zisa, Assemblywoman Cruz-Perez, Assemblyman Roberts, Assemblywoman Turner, Assemblymen Gusciora, Romano, Charles, Impreveduto and Garcia

An Act concerning the breeding, raising and selling of cats and dogs and supplementing P.L.1941, c.151 (C.4:19-15.1 et seq.).

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

1. As used in this act:

"Animal shelter" means any establishment that receives, houses and distributes animals that have been abandoned or lost or are in physical danger and are in need of temporary care and housing until the animal is relocated to permanent care and housing or is euthanized. The term "animal shelter" shall include, but shall not be limited to, shelters as defined pursuant to P.L.1941, c.151 (C.4:19-15.1), and facilities that are contracted by municipalities as animal control facilities to which the animal control officer of the municipality may deliver animals that are found abandoned, lost or in physical danger.

"Breeder" means any person who owns or operates a breeding facility and sells or offers for sale more than five cats or dogs per year, regardless of whether the person is exempted from having a license issued by the United States Department of Agriculture pursuant to the "Animal Welfare Act," 7 U.S.C. §2131 et seq., or any rule or regulation adopted pursuant thereto, or does not have a valid United States Department of Agriculture breeder license for any reason.

"Breeding facility" means any building or other structure, or area whether indoor or outdoor, in which more than two cats or dogs are housed and bred for the purposes of selling the resulting kittens or puppies for any purpose. The term "breeding facility" shall include kennels as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1) except if the kennel is used exclusively for the boarding of cats or dogs.

"Commissioner" means the Commissioner of the Department of Health.

"Department" means the Department of Health.

"Pet" means a domestic companion animal, as defined in section 1 of P.L.1995, c.145 (C.4:19A-16).

"Pet dealer" means any person who sells or offers for sale cats or dogs at retail in the State for use as pets, or at wholesale to persons or businesses that sell cats or dogs at retail for use as pets. The term "pet dealer" shall include, but shall not be limited to, breeders as defined in this section and Class A and Class B breeders licensed by the United States Department of Agriculture pursuant to the "Animal Welfare Act," 7 U.S.C. §2131 et seq., who sell cats or dogs to individuals or to kennels or pet shops as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1). The term "pet dealer" shall also include, but shall not be limited to, kennels or pet shops as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1), persons selling more than five cats or dogs per year who are otherwise exempted from the federal license requirements established pursuant to the "Animal Welfare Act," 7 U.S.C. §2131 et seq., and the rules or regulations adopted pursuant thereto, and all pet dealers regulated pursuant to subchapter 12 of chapter 45A of Title 13 of the New Jersey Administrative Code. Individuals that sell five or fewer animals per year and animal shelters shall not be considered pet dealers under this act.

2. a. No person may breed a cat or a dog from a litter with another cat or dog from the same litter. No person may breed a cat or a dog more than once per calendar year.

b. No person may sell more than 25 cats or dogs per year for use as pets to individuals, kennels or pet shops in the State.

c. No person may deliver to a pet shop for sale at the pet shop any cat or dog that is less than 10 weeks old.

3. a. Upon the effective date of this act and every year thereafter, each breeder doing business in the State as a pet dealer shall register with the Department of Health, and shall at that time, sign a document that attests to the breeder's knowledge of State law, rules and regulations concerning the care, treatment, and sale of animals in the State, and to the breeder's compliance with the requirements of subsection c. of this section. The department may charge the breeder a reasonable fee for the administrative and processing costs of the registration.

b. The Department of Health, in consultation with professional veterinarian associations, the Humane Society of the United States, the New Jersey Society for the Prevention of Cruelty to Animals, and other groups, associations and organizations involved in the proper care and treatment of animals, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a standardized program of responsible veterinary care to be implemented by breeding facilities. The program shall include, but shall not be limited to, provisions for vaccinations, internal and external parasite control, disease prevention and control, grooming, spaying, neutering and care of pregnant animals, first aid and emergency care protocols, housing considerations associated with illness and injury, and humane euthanasia methods.

c. Each breeder doing business in the State as a pet dealer shall be required to comply with the federal requirements established by the "Animal Welfare Act," 7 U.S.C. §2131 et seq., and any rules and regulations adopted pursuant thereto, section 14 of P.L.1941, c.151 (C.4:19-15.14), and the rules and regulations adopted pursuant thereto, and the following requirements:

(1) Indoor temperatures of breeding facilities shall be maintained at a minimum of 50 degrees and a maximum of 80 degrees Fahrenheit for cats or dogs older than eight weeks, and a minimum of 65 degrees and a maximum of 80 degrees Fahrenheit for cats or dogs eight weeks old or younger;

(2) Air shall be constantly circulated at a rate of at least eight to 12 times per hour;

(3) Flooring in animal cages or other types of enclosures used to house animals shall be made of substances that are nonporous and can be sanitized;

(4) Wire flooring shall be used only if it is plastic-coated and is spaced at intervals that prevent the possibility of foot or leg injury and allow for waste to fall through the flooring onto a surface or into an area where no animals are held or housed;

(5) Each enclosure for a dog shall have a height of not less than six inches above the head of the dog being held in the enclosure when the dog is standing on its hind legs and shall provide access to an outdoor run. Enclosures for dogs shall have, for large-sized breeds of 50 pounds per animal or more, a minimum size of 4 feet by 8 feet, or 32 square feet, and an outdoor run of 4 feet by 15 feet; for medium-sized breeds of 21 to 50 pounds per animal, a minimum of 4 feet by 6 feet, or 24 square feet, and an outdoor run of 4 feet by 10 feet; and for small-sized breeds of less than 21 pounds, a minimum of 3 feet by 5 feet and an outdoor run of 3 feet by 10 feet;

(6) Individual enclosures for cats shall provide an area of no less that 9 cubic feet or a ground area of 3 feet by 3 feet with a height of 3 feet, and no more than one cat shall be housed per cage except a cat that is a nursing mother shall share the enclosure with its offspring;

(7) Ground areas shall be cleaned daily and dry bedding shall be provided, such as straw or hay, but newspaper is prohibited;

(8) Constant access to potable water shall be provided, in mounted feeders whenever possible, and food shall be nutritionally balanced and kept dry at all times;

(9) Cages, enclosures, mounted feeders and other containers providing food and water shall be cleaned and sanitized daily;

(10) All dogs shall be allowed the opportunity for exercise daily and be allowed to run unleashed for at least 20 minutes daily in an area no smaller than 4 feet by 10 feet; and

(11) A standardized program of veterinarian care consistent with the program established pursuant to subsection b. of this section shall be implemented in breeding facilities.

d. The department shall annually compile, publish and make available to the public a list of the breeders doing business as pet dealers who are registered in the State. The department shall also provide, upon request, a summary of the requirements established under subsection b. and information on how a complaint may be filed against a pet dealer that appears to be violating State law, rules or regulations.

4. a. Any person who falsely attests to compliance with any item attested to in the signed document required pursuant to subsection a. of section 3 of this act is in violation of this act.

b. The department shall deny registration to, or revoke the registration of , any breeder doing business in the State as a pet dealer who is found in violation of this act, or who has been found guilty of:

(1) Cruelty to animals in the State or another jurisdiction; or

(2) Any animal protection laws in any state concerning the proper breeding, care, housing, raising or treatment of animals.

c. Any breeder who sells or offers for sale a cat or a dog without valid registration is in violation of this act. Any pet dealer who knowingly purchases a cat or a dog from a breeder who is without valid registration is in violation of this act.

5. No pet dealer may purchase any cats or dogs from any person who is not a registered breeder named on the list compiled and published by the Department of Health pursuant to subsection d. of section 3 of this act, except if that person has documentation that each of the cats or dogs being sold were bred by a registered breeder named on the list compiled and published by the department pursuant to subsection d. of section 3 of this act, or if the person signs a notarized affidavit attesting to the fact that the individual is not a breeder or a pet dealer regulated by this act.

6. a. Every pet dealer shall provide the purchaser of each cat or dog sold by the pet dealer at the time of sale a written statement, in a standardized form prescribed by the Department of Health, containing the following information:

(1) The name and street address of the person from whom the cat or dog was obtained and, if the person is a dealer licensed by the United States Department of Agriculture, the person's federal dealer identification number;

(2) The breeder's and pet dealer's name, street address, if different from the information required in paragraph (1) of this subsection, and, if licensed by the United States Department of Agriculture, the breeder's and pet dealer's federal dealer identification number.

(3) The date of birth of the cat or dog, or an approximation provided by a licensed veterinarian;

(4) If purebred or registerable with a cat or dog registry, the sire's and the dam's registration, if any, from the Orthopedic Foundation for Animals.

(5) A record of the immunizations administered to the cat or dog as of the time of sale, including the dates of administration and the type of vaccine;

(6) A record of any veterinarian treatment or medication received by a cat or dog while in the possession of a pet dealer to treat any disease, illness, or condition that required hospitalization or surgical procedures, and one of the following;

(a) A statement that the cat or dog has no known disease, illness, or condition that requires hospitalization, surgical procedures or ongoing treatment at the time of sale, dated and signed by a licensed veterinarian no more than 14 days prior to the sale, that also authorizes the sale of the cat or dog; or

(b) A record of any known disease, illness, or condition that requires hospitalization, surgical procedures or ongoing treatment with which the cat or dog is afflicted at the time of sale, and a statement, dated and signed by a licensed veterinarian no more than 14 days prior to the sale, that recommends a course of treatment, authorizes the sale of the cat or dog afflicted with the disease, illness or condition, and states that the recommended course of treatment is necessary for the good health and survival of the cat or dog being sold; or

(c) A record of any known disease, illness, or condition with which the cat or dog is afflicted at the time of sale, and a statement, dated and signed by a licensed veterinarian no more than 14 days prior to the sale, that recommends a course of treatment, verifies that the disease, illness or condition does not require hospitalization or surgical procedures, and authorizes the sale of the cat or dog.

The statement dated and signed by a licensed veterinarian required pursuant to this paragraph shall not be required to address the presence of external parasites unless their presence makes the cat or dog ill to the point of requiring hospitalization or surgical procedures, or is likely to make the cat or dog ill to the point or requiring hospitalization or surgical procedures within the foreseeable future if left untreated. The statement shall include confirmation from the licensed veterinarian that the veterinarian has checked the cat or dog and its feces for internal parasites and has found none, or if internal parasites are found, the statement shall report the type of internal parasite and the recommended treatment, and shall confirm that hospitalization or surgical procedures are not likely to be required as a result of the presence of the internal parasites if the recommended treatment is provided.

The statement dated and signed by a licensed veterinarian required pursuant to this paragraph is invalid if the cat or dog is not purchased within 14 days following the date of the statement. Any cat or dog subject to the provisions of this paragraph may not be sold without a valid veterinarian statement as required pursuant to this subparagraph. Any disclosure made pursuant to this paragraph shall be signed by both the pet dealer certifying the accuracy of the statement, and the purchaser of the cat or dog acknowledging receipt of the statement.

b. Any pet dealer selling a cat or dog to another pet dealer shall provide the purchasing pet dealer with the documentation and information required in subsection a. of this section. The purchasing pet dealer shall retain the documentation and information and shall update the documentation and information required during the period of time that the purchasing pet dealer is in possession of the cat or dog.

c. All information required to be disclosed pursuant to this section may be made orally to the purchaser prior to the purchase of the cat or dog, but shall be provided in writing to the purchaser at the time of purchase.

d. Any pet dealer that fails to provide or misrepresents any documentation or information required pursuant to subsection a. of this section shall be guilty of fraud and violation of this act, and shall be subject to the penalties provided pursuant to section 10 of this act and P.L.1960, c.39 (C.56:8-1 et seq.) as well as any other penalties applicable under State or federal law.

7. a. Except as provided for in subsection a. of section 6 of this act, no pet dealer shall knowingly sell a cat or dog which is diseased, ill, or has a condition that requires hospitalization or surgical procedures. Every pet dealer shall comply with, and every purchaser of a pet shall be entitled to the protections provided under P.L.1960, c.39 (C.56:8-1 et seq.) and any rules or regulations adopted pursuant thereto concerning the sale of animals.

b. At the time of the sale of a cat or dog, the pet dealer shall provide in writing to the purchaser a copy of the return policy of the pet dealer. The return policy shall comply with the rules and regulations adopted pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) concerning the sale of animals, and shall include a 14-day guarantee to accept the return of the cat or dog for a full refund for any reason, including, but not limited to, illness discovered in the cat or dog, or inability on the part of the purchaser to properly care for the cat or dog. The return policy shall also include a 26-month guarantee to accept the cat or dog for a full refund if the cat or dog is sold as a pedigree and congenital or genetic defects are discovered in the cat or dog during that time period and the defects are certified by a licensed veterinarian.

c. No pet dealer shall keep a cat or dog in a pet shop for more than eight consecutive weeks. Every pet dealer shall establish procedures and methods for the return of cats or dogs for any reason that shall include the humane transfer of cats or dogs to pounds, shelters or other municipal animal control facility. Any cat or dog that has not been sold after eight consecutive weeks in the pet shop shall be delivered in a humane manner and at no cost to the pound, shelter, or other municipal animal control facility with which the municipality in which the pet shop is located has contracted for the holding of animals.

8. a. Every pet dealer shall post conspicuously on the cage of each cat or dog offered for sale a notice indicating the state in which the cat or dog was bred and brokered.

b. Every pet dealer shall post conspicuously within close proximity to the cages of cats or dogs offered for sale, a notice containing the following language in 100-point type:

"Information on the source of these cats or dogs and the veterinary treatments received by these cats or dogs is available for review."

9. a. Whenever the commissioner finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant to this act, the commissioner may:

(1) Issue an order requiring the person found to be in violation to comply in accordance with subsection b. of this section;

(2) Bring a civil action in accordance with subsection c. of this section;

(3) Levy a civil administrative penalty in accordance with subsection d. of this section; or

(4) Bring an action for a civil penalty in accordance with subsection e. of this section.

b. Whenever the commissioner finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant to this act, the commissioner may issue an order specifying the provision or provisions of this act or of any rule or regulation of which the person is in violation, citing the action which constituted the violation, and ordering abatement of the violation. Whenever a breeder has violated any provision of this act, or any rule or regulation adopted pursuant thereto, the commissioner shall include in the order the following prohibitions on the retail or wholesale sale of cats or dogs:

(1) For a first offense, a prohibition from selling or offering for sale cats or dogs for 5 years;

(2) For a second and subsequent offenses, a prohibition from selling or offering for sale cats or dogs at retail or wholesale for an additional 5 years for each offense.

The order shall give notice to the person of the person's right to a hearing on the matters contained in the order. The ordered party shall have 20 calendar days from receipt of the order within which to deliver to the commissioner a written request for a hearing. Such order shall be effective upon receipt and any person to whom such order is directed shall comply with the order immediately. A request for hearing shall not automatically stay the effect of the order.

c. The commissioner, a local board of health or county health department may institute an action or proceeding in the Superior Court for injunctive and other relief, including the appointment of a receiver for any violation of this act, or of any rule or regulation adopted thereto, or order issued pursuant to this act, and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief.

Such relief may include, singly or in combination:

(1) A temporary or permanent injunction, including for any breeder in violation of this act an injunction from selling or offering for sale at retail or wholesale cats or dogs for 5 years for a first offense, and for a second offense and subsequent offenses, a prohibition from selling or offering for sale cats or dogs at retail or wholesale for an additional 5 years for each offense; and

(2) Assessment of the violator for the costs of any investigation or inspection which led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection. Assessments under this subsection shall be paid to the State Treasurer, or to the local board of health, or to the county health department, as the case may be.

If a proceeding is instituted by a local board of health or county health department, notice thereof shall be served upon the commissioner in the same manner as if the commissioner were a named party to the action or proceeding. The department may intervene as a matter of right in any proceeding brought by a local board of health or county health department.

d. The commissioner is authorized to assess civil administrative penalties as follows:

(1) For a first offense by a breeder, a penalty of $5,000.

(2) For a second or subsequent offense by a breeder, a penalty of $10,000 for each offense.

(3) For a first offense by any person other than a breeder, a penalty of $1,000, except that a pet dealer who knowingly purchases cats or dogs from a breeder whose registration has been revoked or who is not properly registered with the Department of Health shall be subject to a penalty of $5,000 per animal purchased for the first offense.

(4) For a second offense by any person other than a breeder, a penalty of $2,500, except that a pet dealer who knowingly purchases cats or dogs from a breeder whose registration has been revoked or who is not properly registered with the Department of Health shall be subject to a penalty of $10,000 per animal purchased under a second or subsequent offense.

(5) For a third offense by any person other than a breeder, a penalty of $5,000, except that a pet dealer who knowingly purchases cats or dogs from a breeder whose registration has been revoked or who is not properly registered with the Department of Health shall be subject to a penalty of $10,000 per animal purchased under a third or subsequent offense.

(6) For a fourth offense or subsequent offenses by any person other than a breeder, a penalty of not less than $5,000 nor more than $10,000, except that a pet dealer who knowingly purchases cats or dogs from a breeder whose registration has been revoked or who is not properly registered with the Department of Health shall be subject to a penalty of $10,000 per animal purchased under a fourth or subsequent offense.

No assessment shall be levied pursuant to this section until after the violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation, or order violated, a concise statement of the facts alleged to constitute a violation, a statement of the amount of the civil administrative penalties to be imposed, and a statement of the party's right to a hearing. The ordered party shall have 20 calendar days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The department may compromise any civil administrative penalty assessed under this section in to any amount the department determines appropriate.

e. Any person who violates the provisions of this act or any rule or regulation adopted pursuant thereto, shall be liable to the following penalties, to be collected in a civil action commenced by a local board of health, a county health department, or the commissioner:

(1) For a first offense by a breeder, a penalty of $5,000.

(2) For a second or subsequent offense by a breeder, a penalty of $10,000 for each offense.

Any person who violates an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to comply with an administrative assessment in full pursuant to subsection d. of this section is subject upon order of a court to a civil penalty not to exceed $10,000 per day of such violation.

Any penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act.

10. A member of the public who supplies information to an enforcing authority which proximately results in the imposition and collection of a civil penalty as the result of a civil action brought pursuant to subsection e. of section 9 of this act, or any rule or regulation adopted, administrative order issued, or assessment imposed pursuant thereto, shall be entitled to a reward of 10% of the civil penalty collected, or $250, whichever amount is greater. The reward shall be paid by the department from any money received by the department pursuant to subsection e. of section 9 of this act. The Attorney General shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this section.

11. All fees and penalties collected pursuant to this act shall be placed in a special dedicated fund to be known as the "Kitten and Puppy Protection Fund," which shall be separate from the General Fund of the State. All moneys in the "Kitten and Puppy Protection Fund" shall be used by the commissioner exclusively for the control of animal populations, and the administration, enforcement and implementation of this act, and shall be allocated in the following manner:

(1) 50 percent to the "Animal Population Control Fund," established pursuant to P.L.1983, c.172 (C.4:19A-5); and

(2) 50 percent to the Department of Health for the purposes of administering, enforcing and implementing this act.

12. The Department of Health shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this act.

13. This act shall take effect on the 180th day after enactment, but the Commissioner of the Department of Health may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill prohibits certain breeding practices and limits the selling of cats or dogs as pets to 25 animals per year per breeder. "Breeder" is defined under the bill as any person who owns or operates a breeding facility and sells more than five cats or dogs per year, regardless of whether or not the person holds a valid breeder license issued by the United States Department of Agriculture.

Currently, many diseased or abused dogs are sold in the State as pets that come from breeding facilities nicknamed "puppy mills," and there is evidence that similar mills to breed cats exist as well. Puppy mills are mass breeding dog farms which engage in widespread abuse of the dogs they breed. Because many of these operations are located outside the State and may not have valid United States Department of Agriculture breeder licenses , it is difficult to discern which breeders are puppy mill operations and furthermore detect abuse and its effects at the time of sale of the cats or dogs. Therefore, the bill broadly defines breeder, restricts the number of animals to be sold in the State, and requires disclosure of essential information about a cat's or dog's origins and health at the time of sale.

The bill also requires breeders selling cats or dogs as pets in the State to annually register with the Department of Health, and the Department of Health to annually publish the list of breeders registered in the State. At that time, the breeder would be required to sign a document attesting to the breeder's compliance with federal and State law concerning the proper breeding, care and treatment of animals and the rules and regulations adopted pursuant to these laws, as well as more specific requirements. The specific requirements are changes to federal regulations being recommended by the Humane Society of the United States. The bill authorizes the Department of Health to deny or revoke the registration of any breeder who falsely attests to items in the registration document or who has been found guilty of cruelty to animals or in violation on any other laws concerning the proper breeding, care, housing, raising or treatment of animals in any state or jurisdiction.

The bill prohibits any "pet dealer," which includes pet shops and individuals selling more than five cats or dogs as pets per year, from buying cats or dogs from any breeder that does not have valid registration and is not on the list published by the Department of Health annually. The bill also requires pet dealers to make information on the cats and dogs available and notice the public that it is available.

Finally, the bill provides extensive civil administrative penalties and civil penalties for violations of the act, with the heaviest penalties falling on breeders who violate the law. Individuals who provide information that leads to the collection of these penalties are eligible for a reward of 10% of the penalty collected or $250, whichever amount is greater. The bill also provides that any misrepresentation, misinformation or failure to properly disclose information about a cat or dog constitutes fraud, a violation of this bill, and P.L.1960, c.39 (C.56:8-1 et seq.), commonly referred to and known as the Consumer Fraud Act, and the violator is subject to all the applicable penalties under State and federal law.

It is the sponsor's intent that, by requiring registration of breeders, providing the retail purchaser with information about the cats and dogs, and by imposing heavy penalties on violators, individuals and pet shops would be encouraged to purchase cat or dogs from reputable breeders, thus eliminating the market for cats or dogs from mass breeding establishments with poor and unhealthy conditions.

Prohibits certain breeding and sales practices; requires persons selling cats or dogs to provide certain information; and provides penalties.