Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Directs DOH to establish food bank for pets pilot program; appropriates $1 million.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a food bank for pets pilot program, supplementing Title 4 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Food Banks for Pets Pilot Program" or "pilot program" means the food banks for pets pilot program, established pursuant to subsection a. of section 2 of this act.
Selected non-profit organizations and volunteer groups or organizations means and includes those non-profit organizations and volunteer groups or organizations that have been selected by the department as participants in the Food Banks for Pets Pilot Program.
2. a. The Department of Health shall develop and implement, in cooperation with, and with the participation of, selected non-profit organizations and volunteer groups or organizations, a Food Banks for Pets Pilot Program to provide food for cats and dogs to pet owners who have financial challenges in providing for their pets without assistance. The pilot program shall operate for a term of at least one year after it is implemented, but the program may be extended by the department if funding permits or if the department determines that the pilot program, after one-year of operations, continues to be operable and is achieving its goals. No later than one year after the pilot program is implemented, the department shall submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report containing information on the implementation of the pilot program, including a recommendation on establishing the Food Banks for Pets Pilot Program as a permanent program or disbanding the program.
b. In establishing the Food Banks for Pets Pilot Program, the department shall be authorized to:
(1) determine eligibility criteria and establish a process by which appropriate non-profit organizations and volunteer groups or organizations are to be selected to participate in the pilot program;
(2) identify, solicit the participation of, and select appropriate non-profit organizations and volunteer groups or organizations to participate in the pilot program;
(3) provide delegated authority to selected non-profit organizations and volunteer groups or organizations to implement the pilot program, by means including, but not limited to: (a) obtaining, collecting, and distributing pet food; (b) collecting, and coordinating the use of, monetary donations and donations of pet food; (c) establishing and operating food banks for pets in municipalities throughout the State; and (d) establishing and applying criteria for prioritizing pet owners accessing food banks for pets;
(4) coordinate and facilitate with municipalities and selected non-profit organizations and volunteer groups or organizations with respect to the establishment and operation of food banks for pets in municipalities throughout the State;
(5) take appropriate actions to encourage non-profit organizations and volunteer groups or organizations to participate in the implementation of the pilot program;
(6) take appropriate actions, including, but not limited to, developing informational materials for distribution to municipalities and pet owners, as necessary to inform pet owners about the pilot program and encourage their participation; and
(7) take any other actions, including, but not limited to, adopting rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that the commissioner determines to be necessary or appropriate to implement the provisions of this act.
c. The department shall also consult with kennels, shelters, and pounds in the State concerning the role these facilities may wish to have in the operation of food banks for pets, and concerning any needs these facilities may have for access to food banks for pets. The department may provide for the involvement of these facilities in the pilot program, as deemed by the department to be necessary and appropriate, in any rules and regulations adopted pursuant to paragraph (7) of subsection b. of this section.
3. a. Any donor of pet food, who donates pet food under the pilot program, in good faith, to a food bank for pets, or to a selected nonprofit organization or volunteer group or organization operating a food bank for pets, shall not be liable for any damages resulting from the consumption of the donated pet food.
b. A food bank for pets, or a selected nonprofit organization, volunteer group or organization, or agent thereof, who, in good faith, receives or distributes donated pet food pursuant to the pilot program established pursuant to this act, shall not be liable for damages resulting from the consumption of the pet food.
c. This section shall apply to any good faith donation, receipt, or distribution of pet food, which is effectuated under the pilot program, regardless of compliance with any laws, rules, regulations, or ordinances regulating the quality or labeling of the pet food.
4. A selected nonprofit organization or volunteer group or organization that establishes or operates a food bank for pets, and any individual who participates in the operation of a food bank for pets, pursuant to this act, shall not be liable for damages in any civil action concerning the operation of the food bank for pets unless the damage is a direct result of the gross negligence, recklessness, or knowing misconduct of the nonprofit organization, volunteer group or organization, or the individual participating in the operation of the food bank.
5. a. The Commissioner of Health is authorized to receive and expend, for the purposes specified in section 2 of this act, any moneys that are obtained thereby from:
(1) appropriations or allocations of funds to the department for purposes consistent with the provisions of section 2 of this act;
(2) grant or loan awards made available to the department for purposes consistent with the provisions of section 2 of this act;
(3) direct contributions, gifts, legacies, be