Bill Text: NJ A2212 | 2024-2025 | Regular Session | Introduced


Bill Title: Exempts sales of pet medication purchased from sales and use tax.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A2212 Detail]

Download: New_Jersey-2024-A2212-Introduced.html

ASSEMBLY, No. 2212

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblywoman  BARBARA MCCANN STAMATO

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Exempts sales of pet medication purchased from sales and use tax.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act providing a sales and use tax exemption for sales of certain medication for pets, and supplementing P.L.1966, c.30 (C.54:32B-1 et seq.).

 

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

 

     1.    a.  Receipts from sales of qualified pet medication for use or consumption by an individual's qualified pet are exempt from the tax imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.).

     b.    As used in this section:

     "Qualified pet" means a legally owned, domesticated live animal normally maintained in or near the household of the qualified pet's owner for the primary purpose of providing companionship to the owner.  This term shall not include an animal owned or utilized for research purposes or in connection with a trade or business.

     "Qualified pet medication" means any medication:

     (1)  recognized as a drug in any official compendium, or supplement thereto, designated from time to time by the State Board of Pharmacy or the State Board of Veterinary Medical Examiners for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a qualified pet;

     (2)  intended to affect the structure or function of the body of a qualified pet, except that a food, dietary ingredient, or dietary supplement, as those terms are defined in 21 U.S.C. s.321, is not a drug solely because the labeling contains such a claim; or

     (3)  prescribed by a person licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, surgery, or dentistry in this State.

 

     2.    This act shall take effect immediately and apply to receipts received from sales made on or after the first day of the first full calendar quarter next following the date of enactment.

 

 

STATEMENT

 

     This bill exempts pet medication from the State's sales and use tax.

     Specifically, "qualified pet medication" is exempted from the State's sales and use tax under the provisions of the bill.  The term "qualified pet medication" is defined as:

·        medicine that has been recognized as a drug in any official compendium, or supplement to a compendium, by the State Board of Pharmacy or the State Board of Veterinary Medical Examiners, for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a qualified pet;

·        medicine intended to affect the structure or function of the body of a qualified pet--except that a food, dietary ingredient, or dietary supplement (as those terms are defined in federal statute) does not necessarily qualify solely because its labeling claims it is medication; or

·        medicine prescribed by a person licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, surgery, or dentistry in the State.

     Furthermore, the bill defines the term "qualified pet" to mean a legally owned, domesticated live animal normally maintained in or near the household of its owner. The provisions of the bill will become operative on the first day of the first full calendar quarter next following the date of enactment.

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