Bill Text: NJ S3865 | 2022-2023 | Regular Session | Introduced
Bill Title: Exempts sales of pet food and medication purchased for pets from sales and use tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-15 - Introduced in the Senate, Referred to Senate Budget and Appropriations Committee [S3865 Detail]
Download: New_Jersey-2022-S3865-Introduced.html
Sponsored by:
Senator EDWARD DURR
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Exempts sales of pet food and medication purchased for pets from sales and use tax.
CURRENT VERSION OF TEXT
As introduced.
An Act providing a sales and use tax exemption for sales of pet food and 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 pet food and 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:
"Pet food" means any substance, including, but not limited to, feed, liquids, and vitamins commercially prepared, marketed, sold, and intended for use or consumption by any domesticated animal normally kept in or near the household of qualified pet.
"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 food and 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.
Pet food and pet medication can be an expensive recurring cost, yet one that is necessary to keep pets healthy and active. The cost of pet food has increased due to inflation. By exempting this pet medication and pet food expense from the State's sales and use tax, the bill benefits both pet owners and their pets. Specifically, the bill eases the tax burden placed on pet owners for the cost of food and medication necessary to ensure the well-being of companion and service animals. By lowering pet food and medication costs, this bill also promotes pet ownership and preventative care. By encouraging pet ownership and well-being, the bill aims to reduce the substantial number of animals maintained in shelters and euthanized each year. The provisions of this bill will help reduce that cost, and thereby encourage more people to keep pets and enjoy the companionship and benefits they provide.
