Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Prohibits sale of cats, dogs, or rabbits by pet shops; repeals Pet Purchase Protection Act.
CURRENT VERSION OF TEXT
As introduced.
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 animals 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 w