[Ord. #2015-08 S 2]
shall mean a cat or dog.
shall mean any person, firm, corporation or organization
in the business of breeding cats or dogs.
shall mean any person, firm, corporation or organization
who sells a cat or dog to a pet shop, whether or not the broker is
also the breeder of the cat or dog.
shall mean a person purchasing a cat or dog not for the purpose
of resale.
shall mean the Director of the Division of Consumer Affairs
in the Department of Law and Public Safety.
shall mean the Division of Consumer Affairs in the Department
of Law and Public Safety.
shall mean 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 (5) cats or dogs in one
year.
shall mean a pet shop as defined in Section 1 of P.L. 1941,
c.151 (C.4:19-15.1).
shall mean to hold in segregation from the general population
any cat or dog because of the presence or suspected presence of a
contagious or infectious disease.
shall mean 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. The death of an animal within fourteen (14) days
of its delivery to the consumer, except by death by accident or as
a result of injuries sustained during that period, shall mean the
animal was unfit for purchase.
shall mean the United States Department of Agriculture.
shall mean the license number issued to a breeder or broker
by the United States Department of Agriculture pursuant to the Federal
"Animal Welfare Act," 7 U.S.C. s.2131 et seq., or any rules or regulations
adopted pursuant thereto.
shall mean a veterinarian licensed to practice in the State
of New Jersey.
[Ord. #2015-08 S 3]
a.
Notwithstanding the provisions of any rule or regulation adopted
pursuant to Title 56 of the Revised Statutes as such provisions are
applied to pet shops, and without limiting the prosecution of any
other practices which may be unlawful pursuant to Title 56 of the
Revised Statutes, it shall be a deceptive practice for any owner or
operator of a pet shop, or employee thereof, to sell animals within
the State without complying with the provisions and requirements of
this section and section 3 of P.L.2015, c.7 (C.56:8-95.1).
b.
Within five (5) days prior to the offering for sale of any animal,
the owner or operator of a pet shop or employee thereof, shall have
the animal examined by a veterinarian licensed to practice in the
State. The name and address of the examining veterinarian, together
with the findings made and treatment, if any, ordered as a result
of the examination, shall be noted on the animal history and health
certificate for each animal as required by regulations adopted pursuant
to Title 56 of the Revised Statutes. If fourteen (14) days have passed
since the last veterinarian examination of the animal, the owner or
operator of the pet shop, or employee thereof, shall have the animal
reexamined by a veterinarian licensed to practice in the State as
provided for in paragraph g. of this subsection, except as otherwise
provided in that paragraph.
c.
Every pet shop offering animals for sale shall post, in a conspicuous
location on the cage or enclosure for each animal in the cage or enclosure,
a sign declaring:
1.
The date and place of birth of each animal, and the actual age, or
approximate age as established by a veterinarian of the animal;
2.
The sex, color markings, and other identifying information of the
animal, including any tag, tattoo, collar number or microchip information;
3.
The name and address of the veterinarian attending to the animal
while the animal is in the custody of the pet shop, and the date of
the initial examination of the animal;
4.
The first and last name of the breeder of the animal, the full street
address of where the breeder is doing business, an email address,
if available, by which to contact the breeder, the breeder's USDA
license number, and, if the breeder is required to be licensed in
the state in which the breeder is located, the breeder's state license
number;
5.
If the broker is different from the breeder, the first and last name
of the broker of the animal, the full street address of where the
broker is doing business, an email address, if available, by which
to contact the broker, the USDA license number of the broker, and,
if the broker is required to be licensed in the state in which the
broker is located, the broker's state license number; and
6.
The statement "Know Your Rights" in bold type face and no less than
12 point type, followed by the statement in no less than 10 point
type, "State law requires that every pet shop offering cats or dogs
for sale post in a conspicuous location on or near each cat or dog's
cage or enclose the USDA inspection reports for the breeder and broker
of each cat or dog for the two (2) years prior to the first day that
the cat or dog is offered for sale. If you do not see a required inspection
report, please request the report from the pet shop. If you have any
concerns, please contact the New Jersey Division of Consumer Affairs,
124 Halsey Street, Newark, NJ 07102, (973)504-6200. You may also view
these and other USDA inspection reports for the breeder and broker
of each cat or dog on the USDA Animal and Plant Health Inspection
Service (APHIS) website. You are entitled to receive additional information
from APHIS about the breeder's or broker's history through the federal
Freedom of Information Act."
Every pet shop offering animals for sale shall also post, in
a conspicuous location on or near the cage or enclosure for each animal
in the cage or enclosure, the USDA inspection reports for the breeder
and the broker of the animal for the two (2) years prior to the first
day that the animal is offered for sale by the pet shop.
The owner or operator of the pet shop shall regularly update
the information required to be posted pursuant to this subsection
and make changes as necessary to all signage required by this subsection
so that the public has access to the correct information at all times.
d.
The owner or operator of a pet shop, or employee thereof, shall quarantine
any animal diagnosed as suffering from a contagious or infectious
disease, illness or condition and may not sell such an animal until
such time as a veterinarian licensed to practice in the State treats
the animal and determines that such animal is free of clinical signs
of infectious disease or that the animal is fit for sale. All animals
required to be quarantined pursuant to this subsection shall be placed
in a quarantine area, separated from the general animal population
of the pet shop.
e.
The owner or operator of a pet shop, or designated employee thereof,
may inoculate and vaccinate animals prior to purchase only upon the
order of a veterinarian. No owner or operator of a pet shop, or employee
thereof, may represent, directly or indirectly, that the owner or
operator of the pet shop, or any employee thereof, other than a veterinarian,
is qualified to, directly or indirectly, diagnose, prognose, treat,
or administer for, prescribe any treatment for, operate concerning,
manipulate or apply any apparatus or appliance for addressing any
disease, pain, deformity, defect, injury, wound or physical condition
of any animal after purchase of the animal, for the prevention of,
or to test for, the presence of any disease, pain, deformity, defect,
injury, wound or physical condition in an animal after its purchase.
These prohibitions include, but are not limited to, the giving of
inoculations or vaccinations after purchase, the diagnosing, prescribing
and dispensing of medication to animals and the prescribing of any
diet or dietary supplement as treatment for any disease, pain, deformity,
defect, injury, wound or physical condition.
f.
The owner or operator of a pet shop, or an employee thereof, shall
have any animal that has been examined more than fourteen (14) days
prior to the date of purchase, reexamined by a veterinarian for the
purpose of disclosing its condition, within 72 hours of the delivery
of the animal to the consumer, unless the consumer has waived the
right to the reexamination in writing. The owner or operator of a
pet shop, or an employee thereof, shall provide a copy of the written
waiver which shall be in the form established by the director by regulation.
g.
If at any time within 14 days after the sale and delivery of an animal to a consumer, the animal becomes sick or dies and a veterinarian certifies, within the fourteen (14) days after the date of purchase of the animal by the consumer, that the animal is unfit for purchase due to a non-congenital cause or condition, or that the animal died from causes other than an accident, the consumer is entitled to the recourse described in subsection h. of this section.
If the animal becomes sick or dies within 180 days after the date of purchase and a veterinarian certifies, within the 180 days after the date of purchase of the animal by the consumer, that the animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition, or died from such a cause or condition or sickness, the consumer shall be entitled to the recourse provided in subsection j. of this section.
It shall be the responsibility of the consumer to obtain such
certification within the required amount of time provided by this
subsection, unless the owner or operator of the pet shop, or the employee
thereof selling the animal to the consumer, fails to provide the notice
required pursuant to paragraph f. of this subsection. If the owner
or operator of the pet shop, or the employee thereof, fails to provide
the required notice, the consumer shall be entitled to the recourse
provided for in paragraph h. of this subsection.
h.
Only the consumer shall have the sole authority to determine the
recourse the consumer wishes to select and accept, provided that the
recourse selected is one of the following:
1.
The right to return the animal and receive a full refund of the purchase
price, including sales tax, plus the reimbursement of the veterinary
fees, including the cost of the veterinarian certification, incurred
prior to the receipt by the consumer of the veterinarian certification;
2.
The right to retain the animal and to receive reimbursement for veterinary
fees incurred prior to the consumer's receipt of the veterinarian
certification, plus the future cost of veterinary fees to be incurred
in curing or attempting to cure the animal, including the cost of
the veterinarian certification;
3.
The right to return the animal and to receive in exchange an animal
of the consumer's choice, of equivalent value, plus reimbursement
of veterinary fees, including the cost of the veterinarian certification,
incurred prior to the consumer's receipt of the veterinarian certification;
or
4.
In the event of the death of the animal from causes other than an
accident, the right to a full refund of the purchase price of the
animal, including sales tax, or another animal of the consumer's choice
of equivalent value, plus reimbursement of veterinary fees, including
the cost of the veterinarian certification, incurred prior to the
death of the animal.
The consumer shall be entitled to be reimbursed an amount for
veterinary fees up to and including two (2) times the purchase price,
including sales tax, of the sick or dead animal. No reimbursement
of veterinary fees shall exceed two times the purchase price, including
sales tax, of the sick or dead animal.
i.
The veterinarian shall provide to the consumer in writing and within
the seven (7) days after the consumer consults with the veterinarian
any certification that is appropriate pursuant to this section upon
the determination that such certification is appropriate. The certification
shall include:
1.
The name of the owner;
2.
The date or dates of examination;
3.
The breed, color, sex and age of the animal;
4.
A statement of the findings of the veterinarian;
5.
A statement that the veterinarian certifies the animal to be "unfit
for purchase";
6.
An itemized statement of veterinary fees incurred as of the date
of certification;
7.
If the animal may be curable, an estimate of the possible cost to
cure, or attempt to cure the animal;
8.
If the animal has died, a statement establishing the probable cause
of death; and
9.
The name and address of the certifying veterinarian and the date
of the certification.
j.
Upon the presentation of the veterinarian certification required
in paragraph i. of this subsection to the pet shop, the consumer shall
select the recourse to be provided and the owner or operator of the
pet shop, or the employee thereof, shall confirm the selection of
recourse in writing. The confirmation of the selection shall be signed
by the owner or operator of the pet shop, or an employee thereof,
and the consumer and a copy of the signed confirmation shall be given
to the consumer and retained by the owner or operator of the pet shop,
or employee thereof, on the pet shop premises. The confirmation of
the selection shall be in the form established by the director by
regulation.
k.
The owner or operator of the pet shop, or an employee thereof, shall
comply with the selection of recourse by the consumer no later than
ten (10) days after the receipt of the veterinarian certification
and the signed confirmation of selection of recourse form. In the
event the owner or operator of the pet shop, or an employee thereof,
wishes to contest the selection of recourse of the consumer, the owner
or operator of the pet shop, or an employee thereof, shall notify
the consumer and the director in writing within five (5) days after
the receipt of the veterinarian certification and the signed confirmation
of selection of recourse form. After notification to the consumer
and the Director of the Division, the owner or operator of the pet
shop, or an employee thereof, may require the consumer to produce
the animal for examination by a veterinarian chosen by the owner or
operator of the pet shop, or employee there, at a mutually convenient
time and place, except if the animal has died and was required to
be cremated for public health. The Director shall set, upon receipt
of such notice of contest on the part of the owner or operator of
the pet shop, or an employee thereof, a hearing date and hold a hearing,
pursuant to the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1
et seq.) and the Uniform Administrative Procedure Rules adopted pursuant
thereto, to determine whether the recourse selected by the consumer
should be allowed. The consumer and the owner or operator of the pet
shop, or employee thereof, shall be entitled to any appeal of the
decision resulting from the hearing as may be provided for under the
law, or any rule or regulation adopted pursuant thereto, but upon
the exhaustion of such remedies and recourse, the consumer and the
owner or operator of the pet shop shall comply with the final decision
rendered.
l.
Any owner or operator of a pet shop, or employee thereof, shall be
guilty of a deceptive practice if the owner or operator, or employee
thereof, secures or attempts to secure a waiver of any of the provisions
of this subsection except as specifically authorized under paragraph
g. of this subsection.
m.
The owner of a pet shop shall be responsible and liable for any recourse
or reimbursement due to a consumer because of violations of any provisions
of this subsection by the owner or operator of the pet shop, or any
employee thereof, or because of any document signed pursuant to this
section by the owner or operator of the pet shop, or any employee
thereof.
n.
Any pet shop in the State advertising for sale an animal bred by
a USDA licensed breeder through print or electronic means, including
those posted on the internet or a website, shall continuously display
the name, state of residence, and USDA license number of the breed
of the animal in the advertisement so that this information is easily
legible to the consumer.
[Ord. #2015-08 S 4]
a.
No pet shop shall sell or offer for sale, or purchase for resale
whether or not actually offered for sale by the pet shop, any animal
purchased from any breeder or broker who:
1.
Is not in compliance with the requirements concerning the maintenance
and care of the animals and the sanitary operation of kennels, pet
shops, shelters and pounds established in rules and regulations adopted
pursuant to section 14 of P.L. 1941, c.151 (C.4:19-15.14) at the time
of purchase of the animal by the pet shop;
2.
Is not in possession of a current license issued by the USDA pursuant
to 9 C.F.R. s.1.1 et seq.
3.
Is not in possession of all other licenses required for a breeder
or broker by the state in which the breeder or broker is located;
4.
Has been cited on a USDA inspection report for a direct violation
of the federal "Animal Welfare Act", 7 U.S.C. s.2131 et seq., or the
corresponding Federal animal welfare regulations at 9 C.F.R. s.1.1
et seq. during the two-year period prior to the purchase of the animal
by the pet shop;
5.
Has been cited on a USDA inspection report during the two-year period
prior to the purchase of the animal by the pet shop for three or more
indirect violations of the Federal "Animal Welfare Act", 7 U.S.C.
s.2131 et seq., or the corresponding Federal animal welfare regulations
at sections 2.4, 2.40, 2.50 through 2.55, 2.60, 2.75 through 2.80,
2.130 through 2.132, 3.1 through 3.19, or 3.125 through 3.142 of Title
9 of the Code of Federal Regulations;
6.
Is cited on the two most recent USDA inspection reports prior to
the purchase of the animal by the pet shop for no-access violations
pursuant to enforcement of the Federal "Animal Welfare Act", 7 U.S.C.
s.2131 et seq., or the corresponding Federal animal welfare regulations
at 9 C.F.R. s.1.1 et seq.; or
7.
Directly or indirectly obtained the animal from a breeder, broker,
or other person, firm corporation or organization to whom paragraphs
a, 1, 2, 3, 4, 5 or 6 of this subsection applies.
b.
Nothing in this subsection shall be construed as prohibiting or otherwise
preventing a pet shop from:
1.
Purchasing for resale or adoption, selling, or offering for adoption,
an animal purchased or otherwise obtained from -
(a)
A publicly operated animal control facility;
(b)
An animal rescue organization or pound as defined in section
1 of P.L. 1941, c.151 (C.4:19-15.1);
(c)
A shelter 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 and that is also a tax exempt organization under paragraph (3) of subsection (c) of section 501 of the Federal Internal Revenue Code (26 U.S.C. s.501), or any subsequent corresponding sections of the Federal Internal Revenue Code, as from time to time amended; or
2.
Transferring adopted animals to or from any entity enumerated in
paragraph b,1 of this subsection or to or from any pet shop.
c.
Every pet shop shall submit, annually and no later than May 1 of
each year, a report to the municipality in which it is located and
licensed, providing:
1.
The name, full street address, email address, if available, and USDA
license number of:
(a)
Any breeder from which the pet shop purchased an animal, whether
or not the pet shop offered the animal for sale;
(b)
Any breeder that bred an animal that the pet shop purchased
from a broker, whether or not the pet shop offered the animal for
sale; and
(c)
Any broker from which the pet shop purchased an animal, whether
or not the pet shop offered the animal for sale;
2.
If a breeder whose identity the pet shop is required to report pursuant
to paragraph c,1(a) or (b) of this subsection is required to be licensed
in the state in which the breeder is located, the breeder's state
license number;
3.
If a broker whose identity the pet shop is required to report pursuant
to paragraph c,1(c) of this subsection is different from any breeder
whose identity the pet shop is required to report pursuant to paragraph
c,1(a) or (b) of this subsection, and the broker is required to be
licensed in the state in which the broker is located, the broker's
state license number; and
4.
The total number of animals for each breeder and broker for which
the pet shop has reporting requirements pursuant to paragraphs c,1(a),(b)
and (c) of this subsection.
[Ord. #2015-08 S 5]
Any person who violates subsection c. of section 4 of P.L. 1999,
c.336 (C.56:8-95) or section 3 of P.L. 2015, c.7 (C.56:8-95.1), and
any owner or operator who fails to provide information or provides
false information pursuant to the requirements of subsection f. of
section 4 of P.L. 1999, c.336 (C.56:8-95), shall be subject to a fine
of $500.00 for each violation, to be collected by the division in
a civil action by a summary proceeding under the "Penalty Enforcement
Law of 1999", c.274 (C.2A:58-10 et seq.).
