Bill Text: NJ A5715 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes "Rescue Animal Disclosure Act."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-17 - Introduced, Referred to Assembly Agriculture Committee [A5715 Detail]
Download: New_Jersey-2020-A5715-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes "Rescue Animal Disclosure Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning oversight of animal rescue organization facilities, amending P.L.2011, c.142, and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known as, and may be cited as, the "Rescue Animal Disclosure Act."
2. (New section) The Legislature finds and declares that animal rescue organizations provide an important safety net for the care of animals in the State; that animal rescue organizations care for homeless animals that might otherwise be euthanized by shelters or pounds; that often the animals cared for by animal rescue organizations are animals abandoned by previous owners because of health issues, behavioral problems, or other care challenges that the animal presents for an owner; that animal rescue organizations and animal rescue organization facilities have been generally unregulated by the State and by health authorities that otherwise oversee the care and treatment of animals in kennels, pet shops, shelters and pounds; and that, despite the many reputable and compassionate animal rescue organizations and the ethical people who run them, the operation of animal rescue organization facilities warrants some regulation.
The Legislature therefore determines that people adopting animals in the State would benefit from the registration of animal rescue organizations and animal rescue organization facilities with the Department of Health, the disclosure of information about the animals they adopt, and the establishment of consumer protections to ensure successful adoptions from animal rescue organizations.
3. (New section) As used in sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Animal rescue organization" means the same as that term is defined by section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Animal rescue organization facility" means the same as that term is defined by section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Domestic companion animal" means any animal commonly referred to as a pet or that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.
4. (New section) a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any animal rescue organization facility to fail to comply with the requirements of this section.
b. An animal rescue organization facility operating in the State shall provide temporary care and housing for cats, dogs, or other animals permitted pursuant to State law to be kept as domestic companion animals, and shall offer the cats, dogs, or other animals in its care for adoption. An animal rescue organization facility shall not sell any animal in its care, but may charge reasonable adoption fees to a person adopting an animal in order to offset the costs of care and housing of animals kept at the animal rescue organization facility. The animal rescue organization facility may also charge a kennel, pet shop, shelter, pound, or other facility reasonable transfer fees for transferring an animal to the care of the animal rescue organization facility.
c. Whenever a person adopts an animal from an animal rescue organization facility, the person may, no more than 21 days after adopting the animal, return it to the animal rescue organization facility for a full refund of the adoption fees paid to the animal rescue organization facility if (a) a licensed veterinarian assesses the animal's health and physical condition and the person adopting the animal cannot care for the animal in its assessed health and physical condition, or (b) the person adopting the animal cannot care for the animal because of the animal's behavioral temperament or any other reason that would prevent the person from properly caring for the animal.
Verbal and written notification of the recourse established pursuant to this subsection shall be provided to the person adopting the animal at the time of adoption as required pursuant to subsection g. of this section.
d. (1) Whenever an animal is returned to an animal rescue organization facility, the animal rescue organization facility shall request that the person returning the animal provide an anonymous statement describing the reason the animal is being returned, as well as a copy of any veterinarian reports that have been provided to the person. The animal rescue organization facility shall redact from any anonymous statement or veterinarian's report submitted pursuant to this subsection any personal identifying information about the person returning the animal that is contained in such documentation.
(2) The animal rescue organization shall maintain in the records of a returned animal all anonymous statements and veterinarians' reports received pursuant to this paragraph, and shall provide, to any person who is adopting an animal returned pursuant to this subsection, a copy of any anonymous statements and veterinarians' reports concerning the animal, which were submitted to the animal rescue organization facility pursuant to this subsection.
e. An animal rescue organization shall maintain records for each animal held by the animal rescue organization facility, and shall provide such records, in writing, to the person adopting an animal and, upon request, to any government inspector. The records maintained pursuant to this subsection shall include any information about the animal that is known to the animal rescue organization, including, but not limited to:
(1) the health and health history of the animal, including any abnormality, ailment, birth defect, congenital condition, disease, or injury manifest or previously manifested in the animal;
(2) the breed and sex of the animal;
(3) the date and place of birth of the animal;
(4) the animal's actual age or approximate age and the basis upon which this age is determined;
(5) color markings, and other identifying information of the animal, including any tag, tattoo, collar number, or microchip information;
(6) full name, street address, contact information, and United States Department of Agriculture license number or other license number of the breeder and any broker, if applicable, of the animal;
(7) if the animal was found beyond the custody of an owner when the animal was placed in the care of the animal rescue organization facility, the location of where the animal was found or the location from which the animal was placed in the care of the animal rescue organization facility; and
(8) A copy of any statement and veterinarian report concerning the animal submitted to the animal rescue organization facility pursuant to subsection d. of this section.
f. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall develop and provide each owner or operator of an animal rescue organization facility with notification forms, to be signed by the owner or operator of the animal rescue organization facility, or employee thereof, and the person adopting the animal at the time of the adoption. The notification form shall include the following information:
(1) a statement indicating that the animal rescue organization is not subject to the "Pet Purchase Protection Act," P.L.1999, c.336 (C.56:8-92 et al.);
(2) a description of the provisions of the "Pet Purchase Protection Act" and the consumer protections provided pursuant to the act that are not extended to persons adopting animals from animal rescue organizations;
(3) a statement indicating that
the animal provided for adoption by the animal rescue organization facility may
be unfit for sale under the provisions of P.L.1999, c.336 (C.56:8-92 et al.) or
commonly accepted veterinary standards;
(4) a statement indicating that the information provided to the person adopting the animal is the information that is available to the animal rescue organization facility concerning the animal and may not include a full or accurate assessment of the animal's health, physical condition, behavioral history or temperament, or other information pertinent to the care of the animal;
(5) a statement indicating that it would be advisable for the person to have the animal examined by a licensed veterinarian to assess the animal's health and physical condition upon adoption of the animal;
(6) a description of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) including, but not limited to, the consumer protections established in this section, for persons adopting animals from animal rescue organization, and the penalties for unlawful practices, which apply pursuant to subsection a. of this section;
(7) the name, address, and email of the office in the division where a complaint regarding unlawful practice may be filed, and the procedures for contacting the office and filing the complaint;
(8) an attestation, to be signed by the owner or operator of the animal rescue organization averring that the owner or operator has complied with the provisions of this section and subsection b. of P.L.2011, c.142 (C.4:19-15.33), and that the person adopting the animal has received a written copy of the information and records required to be provided pursuant to subsections e. and g. of this section; and
(9) a statement indicating that, no more than 21 days after adopting the animal, a person may return the animal to the animal rescue organization for a full refund of the adoption fees paid to the facility if: (a) a licensed veterinarian assesses the animal's health and physical condition, and the person adopting the animal cannot care for the animal in its assessed health and physical condition; or (b) the person adopting the animal cannot care for the animal because of the animal's behavioral temperament or for any other reason that would prevent the person from properly caring for the animal.
g. At the time of adoption, the owner or operator of the animal rescue organization facility, or an employee thereof, shall:
(1) provide verbal notification to the person adopting the animal (a) of the recourse established pursuant to subsection c. of this section, (b) that as an animal rescue organization facility, the facility is not subject to the "Pet Purchase Protection Act," P.L.1999, c.336 (C.56:8-92 et al.), (c) that the animal provided by the facility may be unfit for sale under the provisions of P.L.1999, c.336 (C.56:8-92 et al.) or commonly accepted veterinary standards, and (d) that it would be advisable for the person to have the animal examined by a licensed veterinarian to assess the animal's health and physical condition;
(2) attach to the notification form developed and provided pursuant to subsection f. of this section, a copy of the records, statements, reports, and other information required to be provided to the person adopting the animal pursuant to subsection e. of this section;
(3) obtain the signature of the person adopting the animal on the notification form developed pursuant to subsection f. of this section;
(4) sign and date the notification form at the time of releasing the animal to the person adopting the animal;
(5) provide the person adopting the animal with a signed copy of the notification form and copies of the records, statements, reports, and other information required to be attached pursuant to paragraph (2) of this subsection; and
(6) retain on the animal rescue organization facility premises a copy of the signed notification form and copies of the required attachments provided to the person adopting the animal.
h. Copies of all forms and records required pursuant to this section shall be retained by the animal rescue organization facility electronically or in hard copy. All forms and records shall be readily available for inspection by an authorized representative of the division or the Department of Health.
i. The Division of Consumer Affairs in the Department of Law and Public Safety shall enforce the provisions of this section in collaboration with the Department of Health pursuant to section 6 of P.L.2011, c.142 (C.4:19-15.33).
5. Section 6 of P.L.2011, c.142 (C.4:19-15.33) is amended to read as follows:
6. a. The Department of Health shall establish a registry of animal rescue organizations and their facilities in the State. [Any] Every animal rescue organization [may voluntarily participate in the registry] and animal rescue organization facility operating in the State shall register with the department and shall comply with the requirements for animal rescue organization facilities established pursuant to this section, section 16 of P.L.1941, c.151 (C.4:19-15.16), and P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), [may] shall adopt [any] rules and regulations determined necessary to implement the [voluntary] registry and coordinate its use with the provisions of P.L.2011, c.142 (C.4:19-15.30 et al.) [and] , section 16 of P.L.1941, c.151 (C.4:19-15.16), and P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2012, c.17, s.13)
6. This act shall take effect 180 days following enactment, except that the Director of the Division of Consumer Affairs in the Department of Law and Public Safety and the Department of Health shall immediately take any necessary regulatory action to implement the provisions of this act.
STATEMENT
This bill establishes the "Rescue Animal Disclosure Act." The bill establishes requirements for the disclosure of information concerning the health and condition of a domestic companion animal that is adopted from an animal rescue organization facility, as provided in section 4 of the bill. The bill also amends current law to require the registration of animal rescue organizations and their facilities with the Department of Health. Registration for animal rescue organizations and animal rescue facilities is voluntary under current law.
Animal rescue organizations provide an important safety net for the care of animals in the State. They provide care for homeless animals that might otherwise be euthanized and for animals abandoned by previous owners because of health issues, behavioral problems, or other care challenges that the animal presents. Nevertheless, animal rescue organizations and their facilities have been generally unregulated. Regulation would ensure that people adopting animals from animal rescue organization facilities have some of the recourse provided to people purchasing animals from licensed kennels or pet shops under current law. This bill requires the registration of animal rescue organization facilities with the Department of Health and establishes specific information disclosure requirements and consumer protections to ensure that successful adoptions occur from animal rescue organizations.
