Bill Text: NJ A3902 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes certain pet shop requirements and standards for care of dogs.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Engrossed - Dead) 2013-05-20 - Received in the Senate, Referred to Senate Economic Growth Committee [A3902 Detail]
Download: New_Jersey-2012-A3902-Introduced.html
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes certain pet shop requirements and standards for care of dogs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the operation of pet shops and the care of dogs in pet shops, amending P.L.1941, c.151 and P.L.1999, c.336, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1941, c.151 (C.4:19-15.8) is amended to read as follows:
8. a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the [local and] State rules and regulations governing location of and sanitation at such establishments, the pet shop requirements established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the standards for care of dogs in pet shops established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), or the rules and regulations concerning these requirements and standards adopted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
If an application for a pet shop shows compliance with the State rules and regulations governing location of and sanitation at such establishments, the pet shop requirements established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the standards for care of dogs in pet shops established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the rules and regulations concerning these requirements and standards adopted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and the pet shop does not meet the criteria enumerated under section 5 of P.L.1999, c.336 (C.56:8-96), the municipality shall issue the owner of the pet shop a license for the pet shop.
b. All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the Department of Health or the local board of health for failure to comply with State law or the rules and regulations of the [State department] Department of Health [or local board] governing the same, after the owner has been afforded the opportunity for a hearing by either the [State department] Department of Health or local board, except as provided in subsection c. of this section.
Any person holding a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the [establishments; the licenses] establishment. The license shall not be transferable to another owner or different premises.
c. [The] After the owner of the pet shop has been afforded the opportunity for a hearing pursuant to subsection e. of section 5 of P.L.1999, c.336 (C.56:8-96), or section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), as applicable, the license for a pet shop shall be subject to review by the municipality, upon recommendation by the Department of Health or the local health authority:
(1) for failure by the pet shop to comply with the rules and regulations of the [State department] Department of Health [or local health authority] governing pet shops, [or] the pet shop requirements established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the standards for care of dogs in pet shops established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), or the rules and regulations concerning these requirements and standards adopted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); or
(2) if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c. or d. of section 5 of P.L.1999, c.336 (C.56:8-96)[, after the owner of the pet shop has been afforded a hearing pursuant to subsection e. of section 5 of P.L.1999, c.336 (C.56:8-96)].
d. The municipality, based on the criteria for the recommendation of the local health authority provided under subsections c. and d. of section 5 of P.L.1999, c.336 (C.56:8-96), or the determination made pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody [or] ; (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase; (3) failed to maintain and comply with the generally recognized animal husbandry procedures established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); (4) failed to comply with the standards for care of dogs in pet shops established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); or (5) failed to comply with the rules and regulations adopted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
[d. The] e. If the municipality suspends or revokes a pet shop license pursuant to subsection d. of this section, the municipality may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs, and sell animals other than cats and dogs but restricts the pet shop from selling cats or dogs, or both.
[e.] f. Every pet shop licensed in the State shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the municipality in which it is located, and [the] documentation of compliance with sections 3 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The municipality shall provide this information to the local health authority.
(cf: P.L.2012, c.17, s.5)
2. Section 5 of P.L.1999, c.336 (C.56:8-96) is amended to read as follows:
5. a. Any consumer who purchases from a pet shop an animal that becomes sick or dies after the date of purchase may take the sick or dead animal to a veterinarian within the period of time required pursuant to the notification form provided upon the date of purchase, receive certification from the veterinarian of the health and condition of the animal, and pursue the recourse provided for under the circumstances indicated by the veterinarian certification, as required and provided for pursuant to section 4 of P.L.1999, c.336 (C.56:8-95).
b. Upon receipt of the certification from the veterinarian, the consumer may report the sickness or death of the animal and the pet shop where the animal was purchased to the local health authority with jurisdiction over the municipality in which the pet shop where the animal was purchased is located, and to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. The consumer shall provide a copy of the veterinarian certificate with any report. The director shall forward to the appropriate local health authority a copy of any report the division receives. The local health authority shall record and retain the records of any report and documentation submitted by a consumer.
c. By the May 1 immediately following the effective date of this act, and annually thereafter, the local health authority with jurisdiction over pet shops shall review any files it has concerning reports filed pursuant to subsection b. of this section and shall recommend to the municipality in which the pet shop is located the revocation of the license of any pet shop with reports filed as follows:
(1) 15% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition;
(2) 25% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to a non-congenital cause or condition;
(3) 10% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a non-congenital cause or condition; or
(4) 5% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition.
d. By the May 1 immediately following the effective date of this act, and annually thereafter, the local health authority with jurisdiction over pet shops shall review any files it has concerning reports filed pursuant to subsection b. of this section and shall recommend to the municipality in which the pet shop is located a 90-day suspension of the license of any pet shop with reports filed as follows:
(1) 10% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition;
(2) 15% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to a non-congenital cause or condition;
(3) 5% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a non-congenital cause or condition; or
(4) 3% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition.
e. Pursuant to the authority and requirements provided in section 8 of P.L.1941, c.151 (C.4:19-15.8), the owner of the pet shop shall be afforded the opportunity for a hearing and, upon the recommendation by the local health authority pursuant to subsection c. or d. of this section, the local health authority, in consultation with the Department of Health, shall set a date for the hearing to be held by the local health authority or the State Department of Health and shall notify the pet shop involved. The municipality may suspend or revoke the license, or part thereof, that authorizes the pet shop to sell cats or dogs after the hearing has been held and as provided in section 8 of P.L.1941, c.151 (C.4:19-15.8). At the hearing, the local health authority or the Department of Health, whichever entity is holding the hearing, shall receive testimony from the pet shop and shall determine if the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody, or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase. The provisions of this section shall not preclude the local health authority or the Department of Health from soliciting or receiving testimony from any other individuals or entities concerning the pet shop.
f. No provision of subsection c. shall be construed to restrict the local health authority or the Department of Health from holding a hearing concerning any pet shop in the State irrespective of the criteria for recommendation of license suspension or revocation named in subsection c. or d. of this section, or from recommending to a municipality the suspension or revocation of the license of a pet shop within its jurisdiction for other violations under other sections of law, or rules and regulations adopted pursuant thereto.
g. No action taken by the local health authority or municipality pursuant to this section or section 8 of P.L.1941, c.151 (C.4:19-15.8) shall be construed to limit or replace any action, hearing or review of complaints concerning the pet shop by the Division of Consumer Affairs in the Department of Law and Public Safety to enforce consumer fraud laws or other protections to which the consumer is entitled.
h. The requirements of this section shall be posted in a prominent place in each pet shop in the State along with the name, address, and telephone number of the local health authority that has jurisdiction over the pet shop, and this information shall be provided in writing at the time of purchase to each consumer and to each licensed veterinarian contracted for services by the pet shop upon contracting the veterinarian.
i. The Director of the Division of Consumer Affairs may investigate and pursue enforcement against any pet shop reported by a consumer pursuant to subsection b. of this section.
(cf: P.L.2012, c.17, s.433)
3. (New section) a. In addition to the provisions of the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14), every pet shop licensed and operating in the State shall meet the requirements of subsections b. and c. of this section, and, for every dog in the custody or possession of the pet shop, the standards for care of dogs established by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The owner or operator of every pet shop shall establish, periodically update, and abide by, generally recognized animal husbandry procedures that address for all species cared for and sold at the pet shop:
(1) animal care;
(2) management and safe handling;
(3) disease prevention and control;
(4) routine, preventative, and emergency care;
(5) veterinary treatment;
(6) euthanasia; and
(7) disaster planning, evacuation, and recovery.
c. The owner or operator of every pet shop shall maintain the procedures established pursuant to subsection b. of this section in writing on the premises of the pet shop, as a printed or electronic document that is available to all pet shop employees at all times. The owner or operator of the pet shop shall review these procedures with each of the employees of the pet shop who provide animal care in the pet shop and shall keep them informed of any changes or updates to the procedures.
4. (New section) a. Each pet shop shall handle each dog in its care and possession in a humane manner that does not cause physical injury or harm to the dog, and shall care for the dogs as provided for in this section.
b. (1) The owner or operator of the pet shop shall house dogs in structurally sound primary enclosures, whether cages or other types of enclosures, that are maintained in good repair to contain the dog housed inside the enclosure or cage and to protect it from injury. Except as otherwise provided in paragraph (2) of this subsection, surfaces in any enclosure or cage shall be impervious or made of a material that prevents the absorption of fluids and which can be thoroughly and repeatedly cleaned and disinfected without retaining odors. Each dog shall have in its primary enclosure sufficient space to allow the dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around, and lie down with its limbs outstretched.
(2) If the flooring of a primary enclosure is constructed of metal strands, such strands must be either greater than one-eighth inch in diameter, coated with a material such as plastic or fiberglass, or have sufficient padded resting places. The flooring shall be constructed so as not to allow passage of the dog's feet through any opening in the floor of the enclosure or cage, and so as not to sag or bend substantially between structural supports.
c. The owner or operator of the pet shop shall keep its housing facilities in a clean condition, including primary enclosures, and maintain a healthy environment for each dog. To comply with this requirement, the owner or operator of the pet shop shall ensure that:
(1) There are periodic cleanings of all areas of the pet shop, especially the primary enclosures, any cages, and any other areas where animals are housed, or kept, removing and destroying any agents that are potentially injurious to the health of the dog;
(2) No dog, under any circumstances, remains inside any enclosure or cage while the enclosure or cage is being cleaned with sterilizing agents, with agents potentially toxic to the dog, or in a manner likely to threaten the health and safety of the dog;
(3) Trash and waste products on the premises are properly contained and disposed of so as to minimize the risks of disease, contamination, and vermin;
(4) The primary enclosure for each dog is constructed so as to efficiently eliminate excess water, excretions, and waste material, keep the dog dry, and prevent the dog from coming into contact with excretions, animal waste, or water other than clean, properly contained, drinking water;
(5) Any drainage system used for the purposes named in paragraph (4) of this subsection is in compliance with federal, State, and local laws relating to pollution control, and is constructed and maintained in a manner that minimizes foul odors and backup of sewage;
(6) The pet shop facilities housing each dog are adequately ventilated at all times for the health and well-being of each dog and in a manner that minimizes drafts, odors, and moisture condensation, whether the ventilation is provided by natural or mechanical means, such as windows, vents, fans, or air conditioners;
(7) The temperature surrounding each dog in the pet shop is compatible with the health and well-being of the dog, and the temperature is regulated by heating and cooling the facilities so as to maintain healthy ranges in temperature for each dog and to sufficiently protect each dog from extremes of temperature, including protection from sunlight by supplying shade by natural or artificial means;
(8) There is adequate lighting for dogs in indoor facilities that is sufficient for the health and well-being of the dogs and for routine inspection and cleaning, but protects the dogs from excessive illumination and health hazards it may cause; and
(9) In the event that a dog is pregnant or nursing on the premises, the dog is provided with a whelping box and the dog is kept in an enclosure or cage separate from all other adult dogs.
d. (1) The owner or operator of the pet shop shall provide each dog with wholesome and palatable food, free from contamination and of nutritional value sufficient to maintain each dog in good health.
(2) The owner or operator of the pet shop shall feed the dogs adequately, at intervals not to exceed 12 hours or at least twice in any 24-hour period, in quantities appropriate for the dog species and age, unless otherwise directed by a State licensed veterinarian.
(3) The owner or operator of the pet shop shall provide food receptacles in sufficient number, of adequate size, and in the proper location so as to provide each dog in its primary enclosure with an adequate amount of food.
(4) The owner or operator of the pet shop shall provide each dog with regular access to clean, fresh water, supplied in a sanitary manner sufficient for the dog's needs, except when directed by a State licensed veterinarian to withhold water for medical reasons.
e. (a) The owner or operator of each pet shop shall provide each dog with proper, timely veterinary care for its age, species, and physical condition, including any inoculations required by State or local law, whenever needed. The employees of the pet shop shall daily observe the behavior and health of each dog and report any suspected illness or need of medical attention to the owner or operator of the pet shop, or a State licensed veterinarian as directed by the owner or operator of the pet shop.
(b) In addition to the requirements and provisions of the "Pet Purchase Protection Act," P.L.1999, c.336 (C.56:8-92 et seq.):
(i) Within five business days after a pet shop's receipt of a dog, but in any event prior to the sale of any dog, a State licensed veterinarian shall conduct an examination of the dog to determine if the dog has any medical conditions apparent at the time of the examination that adversely affect the health of the dog.
(ii) If the State licensed veterinarian finds the dog is afflicted with a contagious disease, the dog shall be immediately housed separately from healthy dogs and immediately treated for the disease.
(iii) If the State licensed veterinarian finds the dog is afflicted with a hereditary or congenital condition that is likely to adversely affect the health of the dog, the veterinarian shall report the hereditary or congenital condition in writing to the owner or operator of the pet shop.
(iv) If the State licensed veterinarian finds the dog is suffering from a congenital or hereditary condition, or a disease or illness which, in the opinion of the State licensed veterinarian, requires euthanasia, the State licensed veterinarian shall humanely euthanize the dog as soon as possible.
(v) Whenever a dog is returned to a pet shop due to a congenital or hereditary condition, or a disease or illness, the owner or operator of the pet shop shall immediately authorize, and shall obtain as soon as possible, proper veterinary care and treatment for the dog.
f. A pet shop licensed and operating in the State may not knowingly display or sell dogs that have been purchased or otherwise obtained from a breeder or pet dealer that does not hold a current, valid license issued by the United States Department of Agriculture as required by the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or that meets the requirements for a specific license exemption under federal or State law and has the appropriate documentation for that exemption.
5. (New section) Pursuant to the authority and requirements provided in section 8 of P.L.1941, c.151 (C.4:19-15.8) and the provisions of sections 3 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner of a pet shop shall be afforded the opportunity for a hearing and, upon the recommendation by the local health authority or the municipality which licensed the pet shop, the local health authority, in consultation with the Department of Health, shall set a date for the hearing to be held by the local health authority or the Department of Health, and shall notify the pet shop involved. The municipality may suspend or revoke the license, or part thereof, that authorizes the pet shop to sell cats or dogs after the hearing has been held and as provided in section 8 of P.L.1941, c.151 (C.4:19-15.8). At the hearing, the local health authority or the Department of Health, whichever entity is holding the hearing, shall receive testimony from the pet shop and shall determine: (1) the pet shop failed to comply with the provisions of section 3 or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (2) if so, the specific provisions of section 3 or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) with which the pet shop failed to comply. The provisions of this section shall not preclude the local health authority or the Department of Health from soliciting or receiving testimony from any other individuals or entities concerning the pet shop.
6. (New section) The Department of Health and local health authorities shall enforce the provisions of this act. The Department of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt any rules and regulations necessary for the implementation and enforcement of this act.
7. This act shall take effect immediately.
STATEMENT
The bill establishes:
1) requirements for all pet shops concerning accepted animal husbandry practices in section 3 of the bill; and
2) standards for the care of dogs in pet shops licensed and operating in the State, enumerated in section 4 of the bill.
The bill further provides that these requirements and standards are a condition of pet shop licensure.
