[ SHOWGSD-L ] Breeding Bill introduced in New Jersey!
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Sat, 29 Jul 2006 21:52:46 -0400
On a quick read this would apply rules of the Federal Animal
Welfare Act (non-porous surfaces, enclosure sizes larger than a
standard crate ...) to anyone who had a litter of puppies or kittens
of five or more. However there's SO MUCH more.
All breeders must be licensed. There's 10 week minimum age for
pet sales and a five litter annual limit, one litter limit per bitch.
Penalties start at around $1000 and go to $10,000/day plus five
years or more bans on the necessary breeding license. Snitches
get paid 10% of civil penalties recovered. There's a 26-month
money-back guarantee against congenital or inherited defects.
But that's not all! There's EVEN MORE -- this one is well worth
reading to the end.
What you're looking at here is the enabling law for a huge setup of
just-over-the-NJ-border puppy and kitten markets. I wonder if Mr.
Cohen has a good friend with some sheds just across the border?
Another question: Can high school students be elected to the NJ
assembly?
"All the way in one play" -- this would end the hobby and other
lawful home breeding of puppies and kittens in NJ.
If the AKC doesn't make the fur fly on this one they're really dead
both ways from the neck.
Walt Hutchens
Timbreblue Whippets
------- Forwarded message follows -------
ASSEMBLY, No. 3401
STATE OF NEW JERSEY
212th LEGISLATURE
INTRODUCED JULY 4, 2006
Sponsored by:
Assemblyman NEIL M. COHEN
District 20 (Union)
SYNOPSIS
Prohibits certain breeding and sales practices; requires persons
selling cats or dogs to provide certain information; and provides
penalties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the breeding, raising and selling of cats and dogs
and supplementing P.L.1941, c.151 (C.4:19-15.1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of
New Jersey:
1. As used in this act:
"Animal shelter" means any establishment that receives, houses
and distributes animals that have been abandoned or lost or are in
physical danger and are in need of temporary care and housing until
the animal is relocated to permanent care and housing or is
euthanized. The term "animal shelter" shall include, but shall not
be limited to, shelters as defined pursuant to P.L.1941, c.151
(C.4:19-15.1), and facilities that are contracted by municipalities
as animal control facilities to which the animal control officer of
the municipality may deliver animals that are found abandoned, lost
or in physical danger.
"Breeder" means any person who owns or operates a breeding
facility and sells or offers for sale more than five cats or dogs
per year, regardless of whether the person is exempted from having a
license issued by the United States Department of Agriculture
pursuant to the "Animal Welfare Act," 7 U.S.C. §2131 et seq., or any
rule or regulation adopted pursuant thereto, or does not have a valid
United States Department of Agriculture breeder license for any
reason.
"Breeding facility" means any building or other structure, or
area whether indoor or outdoor, in which more than two cats or dogs
are housed and bred for the purposes of selling the resulting kittens
or puppies for any purpose. The term "breeding facility" shall
include kennels as defined in section 1 of P.L.1941, c.151 (C.4:19-
15.1) except if the kennel is used exclusively for the boarding of
cats or dogs.
"Commissioner" means the Commissioner of the Department of
Health.
"Department" means the Department of Health.
"Pet" means a domestic companion animal, as defined in section 1
of P.L.1995, c.145 (C.4:19A-16).
"Pet dealer" means any person who sells or offers for sale cats
or dogs at retail in the State for use as pets, or at wholesale to
persons or businesses that sell cats or dogs at retail for use as
pets. The term "pet dealer" shall include, but shall not be limited
to, breeders as defined in this section and Class A and Class B
breeders licensed by the United States Department of Agriculture
pursuant to the "Animal Welfare Act," 7 U.S.C. §2131 et seq., who
sell cats or dogs to individuals or to kennels or pet shops as
defined in section 1 of P.L.1941, c.151 (C.4:19-15.1). The term "pet
dealer" shall also include, but shall not be limited to, kennels or
pet shops as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1),
persons selling more than five cats or dogs per year who are
otherwise exempted from the federal license requirements established
pursuant to the "Animal Welfare Act," 7 U.S.C. §2131 et seq., and the
rules or regulations adopted pursuant thereto, and all pet dealers
regulated pursuant to subchapter 12 of chapter 45A of Title 13 of
the New Jersey Administrative Code. Individuals that sell five or
fewer animals per year and animal shelters shall not be considered
pet dealers under this act.
2. a. No person may breed a cat or a dog from a litter with
another cat or dog from the same litter. No person may breed a cat
or a dog more than once per calendar year.
b. No person may sell more than 25 cats or dogs per year for use
as pets to individuals, kennels or pet shops in the State.
c. No person may deliver to a pet shop for sale at the pet shop
any cat or dog that is less than 10 weeks old.
3. a. Upon the effective date of this act and every year thereafter,
each breeder doing business in the State as a pet dealer shall
register with the Department of Health, and shall at that time, sign
a document that attests to the breeder's knowledge of State law,
rules and regulations concerning the care, treatment, and sale of
animals in the State, and to the breeder's compliance with the
requirements of subsection c. of this section. The department may
charge the breeder a reasonable fee for the administrative and
processing costs of the registration.
b. The Department of Health, in consultation with professional
veterinarian associations, the Humane Society of the United
States, the New Jersey Society for the Prevention of Cruelty to
Animals, and other groups, associations and organizations involved
in the proper care and treatment of animals, shall adopt, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1
et seq.), rules and regulations establishing a standardized program
of responsible veterinary care to be implemented by breeding
facilities. The program shall include, but shall not be limited to,
provisions for vaccinations, internal and external parasite control,
disease prevention and control, grooming, spaying, neutering and
care of pregnant animals, first aid and emergency care protocols,
housing considerations associated with illness and injury, and
humane euthanasia methods.
c. Each breeder doing business in the State as a pet dealer
shall be required to comply with the federal requirements established
by the "Animal Welfare Act," 7 U.S.C. §2131 et seq., and any rules
and regulations adopted pursuant thereto, section 14 of P.L.1941,
c.151 (C.4:19-15.14), and the rules and regulations adopted pursuant
thereto, and the following requirements:
(1) Indoor temperatures of breeding facilities shall be
maintained at a minimum of 50 degrees and a maximum of 80 degrees
Fahrenheit for cats or dogs older than eight weeks, and a minimum of
65 degrees and a maximum of 80 degrees Fahrenheit for cats or dogs
eight weeks old or younger;
(2) Air shall be constantly circulated at a rate of at least
eight to 12 times per hour;
(3) Flooring in animal cages or other types of enclosures used
to house animals shall be made of substances that are nonporous and
can be sanitized;
(4) Wire flooring shall be used only if it is plastic-coated and
is spaced at intervals that prevent the possibility of foot or leg
injury and allow for waste to fall through the flooring onto a
surface or into an area where no animals are held or housed;
(5) Each enclosure for a dog shall have a height of not less
than six inches above the head of the dog being held in the
enclosure when the dog is standing on its hind legs and shall provide
access to an outdoor run. Enclosures for dogs shall have, for large-
sized breeds of 50 pounds per animal or more, a minimum size of 4
feet by 8 feet, or 32 square feet, and an outdoor run of 4 feet by 15
feet; for medium-sized breeds of 21 to 50 pounds per animal, a
minimum of 4 feet by 6 feet, or 24 square feet, and an outdoor run
of 4 feet by 10 feet; and for small-sized breeds of less than 21
pounds, a minimum of 3 feet by 5 feet and an outdoor run of 3 feet
by 10 feet;
(6) Individual enclosures for cats shall provide an area of no
less that 9 cubic feet or a ground area of 3 feet by 3 feet with a
height of 3 feet, and no more than one cat shall be housed per cage
except a cat that is a nursing mother shall share the enclosure with
its offspring;
(7) Ground areas shall be cleaned daily and dry bedding shall be
provided, such as straw or hay, but newspaper is prohibited;
(8) Constant access to potable water shall be provided, in
mounted feeders whenever possible, and food shall be nutritionally
balanced and kept dry at all times;
(9) Cages, enclosures, mounted feeders and other containers
providing food and water shall be cleaned and sanitized daily;
(10) All dogs shall be allowed the opportunity for exercise
daily and be allowed to run unleashed for at least 20 minutes daily
in an area no smaller than 4 feet by 10 feet; and
(11) A standardized program of veterinarian care consistent with
the program established pursuant to subsection b. of this section
shall be implemented in breeding facilities.
d. The department shall annually compile, publish and make
available to the public a list of the breeders doing business as pet
dealers who are registered in the State. The department shall also
provide, upon request, a summary of the requirements established
under subsection b. and information on how a complaint may be filed
against a pet dealer that appears to be violating State law, rules or
regulations.
4. a. Any person who falsely attests to compliance with any
item attested to in the signed document required pursuant to
subsection a. of section 3 of this act is in violation of this act.
b. The department shall deny registration to, or revoke the
registration of , any breeder doing business in the State as a pet
dealer who is found in violation of this act, or who has been found
guilty of:
(1) Cruelty to animals in the State or another jurisdiction; or
(2) Any animal protection laws in any state concerning the
proper breeding, care, housing, raising or treatment of animals.
c. Any breeder who sells or offers for sale a cat or a dog
without valid registration is in violation of this act. Any pet
dealer who knowingly purchases a cat or a dog from a breeder who is
without valid registration is in violation of this act.
5. No pet dealer may purchase any cats or dogs from any person
who is not a registered breeder named on the list compiled and
published by the Department of Health pursuant to subsection d. of
section 3 of this act, except if that person has documentation that
each of the cats or dogs being sold were bred by a registered breeder
named on the list compiled and published by the department pursuant
to subsection d. of section 3 of this act, or if the person signs a
notarized affidavit attesting to the fact that the individual is not
a breeder or a pet dealer regulated by this act.
6. a. Every pet dealer shall provide the purchaser of each cat
or dog sold by the pet dealer at the time of sale a written
statement, in a standardized form prescribed by the Department of
Health, containing the following information:
(1) The name and street address of the person from whom the cat
or dog was obtained and, if the person is a dealer licensed by the
United States Department of Agriculture, the person's federal dealer
identification number;
(2) The breeder's and pet dealer's name, street address, if
different from the information required in paragraph (1) of this
subsection, and, if licensed by the United States Department of
Agriculture, the breeder's and pet dealer's federal dealer
identification number.
(3) The date of birth of the cat or dog, or an approximation
provided by a licensed veterinarian;
(4) If purebred or registerable with a cat or dog registry, the
sire's and the dam's registration, if any, from the Orthopedic
Foundation for Animals.
(5) A record of the immunizations administered to the cat or
dog as of the time of sale, including the dates of administration and
the type of vaccine;
(6) A record of any veterinarian treatment or medication received by
a cat or dog while in the possession of a pet dealer to treat any
disease, illness, or condition that required hospitalization or
surgical procedures, and one of the following;
(a) A statement that the cat or dog has no known disease,
illness, or condition that requires hospitalization, surgical
procedures or ongoing treatment at the time of sale, dated and signed
by a licensed veterinarian no more than 14 days prior to the sale,
that also authorizes the sale of the cat or dog; or
(b) A record of any known disease, illness, or condition that
requires hospitalization, surgical procedures or ongoing treatment
with which the cat or dog is afflicted at the time of sale, and a
statement, dated and signed by a licensed veterinarian no more than
14 days prior to the sale, that recommends a course of treatment,
authorizes the sale of the cat or dog afflicted with the disease,
illness or condition, and states that the recommended course of
treatment is necessary for the good health and survival of the cat or
dog being sold; or
(c) A record of any known disease, illness, or condition with
which the cat or dog is afflicted at the time of sale, and a
statement, dated and signed by a licensed veterinarian no more than
14 days prior to the sale, that recommends a course of treatment,
verifies that the disease, illness or condition does not require
hospitalization or surgical procedures, and authorizes the sale of
the cat or dog.
The statement dated and signed by a licensed veterinarian
required pursuant to this paragraph shall not be required to address
the presence of external parasites unless their presence makes the
cat or dog ill to the point of requiring hospitalization or surgical
procedures, or is likely to make the cat or dog ill to the point or
requiring hospitalization or surgical procedures within the
foreseeable future if left untreated. The statement shall include
confirmation from the licensed veterinarian that the veterinarian has
checked the cat or dog and its feces for internal parasites and has
found none, or if internal parasites are found, the statement shall
report the type of internal parasite and the recommended treatment,
and shall confirm that hospitalization or surgical procedures are
not likely to be required as a result of the presence of the internal
parasites if the recommended treatment is provided.
The statement dated and signed by a licensed veterinarian
required pursuant to this paragraph is invalid if the cat or dog is
not purchased within 14 days following the date of the statement.
Any cat or dog subject to the provisions of this paragraph may not be
sold without a valid veterinarian statement as required pursuant to
this subparagraph. Any disclosure made pursuant to this paragraph
shall be signed by both the pet dealer certifying the accuracy of the
statement, and the purchaser of the cat or dog acknowledging receipt
of the statement.
b. Any pet dealer selling a cat or dog to another pet dealer
shall provide the purchasing pet dealer with the documentation and
information required in subsection a. of this section. The
purchasing pet dealer shall retain the documentation and information
and shall update the documentation and information required during
the period of time that the purchasing pet dealer is in possession of
the cat or dog.
c. All information required to be disclosed pursuant to this
section may be made orally to the purchaser prior to the purchase of
the cat or dog, but shall be provided in writing to the purchaser at
the time of purchase.
d. Any pet dealer that fails to provide or misrepresents any
documentation or information required pursuant to subsection a. of
this section shall be guilty of fraud and violation of this act, and
shall be subject to the penalties provided pursuant to section 10 of
this act and P.L.1960, c.39 (C.56:8-1 et seq.) as well as any other
penalties applicable under State or federal law.
7. a. Except as provided for in subsection a. of section 6 of this
act, no pet dealer shall knowingly sell a cat or dog which is
diseased, ill, or has a condition that requires hospitalization or
surgical procedures. Every pet dealer shall comply with, and every
purchaser of a pet shall be entitled to the protections provided
under P.L.1960, c.39 (C.56:8-1 et seq.) and any rules or regulations
adopted pursuant thereto concerning the sale of animals.
b. At the time of the sale of a cat or dog, the pet dealer
shall provide in writing to the purchaser a copy of the return policy
of the pet dealer. The return policy shall comply with the rules
and regulations adopted pursuant to P.L.1960, c.39 (C.56:8-1 et seq.)
concerning the sale of animals, and shall include a 14-day guarantee
to accept the return of the cat or dog for a full refund for any
reason, including, but not limited to, illness discovered in the cat
or dog, or inability on the part of the purchaser to properly care
for the cat or dog. The return policy shall also include a 26-month
guarantee to accept the cat or dog for a full refund if the cat or
dog is sold as a pedigree and congenital or genetic defects are
discovered in the cat or dog during that time period and the defects
are certified by a licensed veterinarian.
c. No pet dealer shall keep a cat or dog in a pet shop for more
than eight consecutive weeks. Every pet dealer shall establish
procedures and methods for the return of cats or dogs for any reason
that shall include the humane transfer of cats or dogs to pounds,
shelters or other municipal animal control facility. Any cat or dog
that has not been sold after eight consecutive weeks in the pet shop
shall be delivered in a humane manner and at no cost to the pound,
shelter, or other municipal animal control facility with which the
municipality in which the pet shop is located has contracted for the
holding of animals.
8. a. Every pet dealer shall post conspicuously on the cage of
each cat or dog offered for sale a notice indicating the state in
which the cat or dog was bred and brokered.
b. Every pet dealer shall post conspicuously within close
proximity to the cages of cats or dogs offered for sale, a notice
containing the following language in 100-point type:
"Information on the source of these cats or dogs and the
veterinary treatments received by these cats or dogs is available for
review."
9. a. Whenever the commissioner finds that a person has
violated any provision of this act, or any rule or regulation adopted
pursuant to this act, the commissioner may:
(1) Issue an order requiring the person found to be in violation
to comply in accordance with subsection b. of this section;
(2) Bring a civil action in accordance with subsection c. of
this section;
(3) Levy a civil administrative penalty in accordance with
subsection d. of this section; or
(4) Bring an action for a civil penalty in accordance with
subsection e. of this section.
b. Whenever the commissioner finds that a person has violated
any provision of this act, or any rule or regulation adopted pursuant
to this act, the commissioner may issue an order specifying the
provision or provisions of this act or of any rule or regulation of
which the person is in violation, citing the action which constituted
the violation, and ordering abatement of the violation. Whenever a
breeder has violated any provision of this act, or any rule or
regulation adopted pursuant thereto, the commissioner shall include
in the order the following prohibitions on the retail or wholesale
sale of cats or dogs:
(1) For a first offense, a prohibition from selling or offering
for sale cats or dogs for 5 years;
(2) For a second and subsequent offenses, a prohibition from
selling or offering for sale cats or dogs at retail or wholesale for
an additional 5 years for each offense.
The order shall give notice to the person of the person's right
to a hearing on the matters contained in the order. The ordered
party shall have 20 calendar days from receipt of the order within
which to deliver to the commissioner a written request for a
hearing. Such order shall be effective upon receipt and any person
to whom such order is directed shall comply with the order
immediately. A request for hearing shall not automatically stay the
effect of the order.
c. The commissioner, a local board of health or county health
department may institute an action or proceeding in the Superior
Court for injunctive and other relief, including the appointment of a
receiver for any violation of this act, or of any rule or regulation
adopted thereto, or order issued pursuant to this act, and the court
may proceed in the action in a summary manner. In any such
proceeding the court may grant temporary or interlocutory relief.
Such relief may include, singly or in combination:
(1) A temporary or permanent injunction, including for any
breeder in violation of this act an injunction from selling or
offering for sale at retail or wholesale cats or dogs for 5 years
for a first offense, and for a second offense and subsequent
offenses, a prohibition from selling or offering for sale cats or
dogs at retail or wholesale for an additional 5 years for each
offense; and
(2) Assessment of the violator for the costs of any
investigation or inspection which led to the establishment of the
violation, and for the reasonable costs of preparing and litigating
the case under this subsection. Assessments under this subsection
shall be paid to the State Treasurer, or to the local board of
health, or to the county health department, as the case may be.
If a proceeding is instituted by a local board of health or
county health department, notice thereof shall be served upon the
commissioner in the same manner as if the commissioner were a named
party to the action or proceeding. The department may intervene as a
matter of right in any proceeding brought by a local board of health
or county health department.
d. The commissioner is authorized to assess civil
administrative penalties as follows:
(1) For a first offense by a breeder, a penalty of $5,000.
(2) For a second or subsequent offense by a breeder, a penalty
of $10,000 for each offense.
(3) For a first offense by any person other than a breeder, a
penalty of $1,000, except that a pet dealer who knowingly purchases
cats or dogs from a breeder whose registration has been revoked or
who is not properly registered with the Department of Health shall be
subject to a penalty of $5,000 per animal purchased for the first
offense.
(4) For a second offense by any person other than a breeder, a
penalty of $2,500, except that a pet dealer who knowingly purchases
cats or dogs from a breeder whose registration has been revoked or
who is not properly registered with the Department of Health shall be
subject to a penalty of $10,000 per animal purchased under a second
or subsequent offense.
(5) For a third offense by any person other than a breeder, a
penalty of $5,000, except that a pet dealer who knowingly purchases
cats or dogs from a breeder whose registration has been revoked or
who is not properly registered with the Department of Health shall be
subject to a penalty of $10,000 per animal purchased under a third or
subsequent offense.
(6) For a fourth offense or subsequent offenses by any person
other than a breeder, a penalty of not less than $5,000 nor more than
$10,000, except that a pet dealer who knowingly purchases cats or
dogs from a breeder whose registration has been revoked or who is
not properly registered with the Department of Health shall be
subject to a penalty of $10,000 per animal purchased under a fourth
or subsequent offense.
No assessment shall be levied pursuant to this section until
after the violator has been notified by certified mail or personal
service. The notice shall include a reference to the section of the
statute, rule, regulation, or order violated, a concise statement of
the facts alleged to constitute a violation, a statement of the
amount of the civil administrative penalties to be imposed, and a
statement of the party's right to a hearing. The ordered party shall
have 20 calendar days from receipt of the notice within which to
deliver to the commissioner a written request for a hearing. After
the hearing and upon finding that a violation has occurred, the
commissioner may issue a final order after assessing the amount of
the fine specified in the notice. If no hearing is requested, the
notice shall become a final order after the expiration of the 20-day
period. Payment of the assessment is due when a final order is
issued or the notice becomes a final order. The authority to levy a
civil administrative penalty is in addition to all other enforcement
provisions in this act, and the payment of any assessment shall not
be deemed to affect the availability of any other enforcement
provisions in connection with the violation for which the assessment
is levied. The department may compromise any civil administrative
penalty assessed under this section in to any amount the department
determines appropriate.
e. Any person who violates the provisions of this act or any
rule or regulation adopted pursuant thereto, shall be liable to the
following penalties, to be collected in a civil action commenced by a
local board of health, a county health department, or the
commissioner:
(1) For a first offense by a breeder, a penalty of $5,000.
(2) For a second or subsequent offense by a breeder, a penalty
of $10,000 for each offense.
(3) For a first offense by any person other than a breeder, a
penalty of $1,000, except that a pet dealer who knowingly purchases
cats or dogs from a breeder whose registration has been revoked or
who is not properly registered with the Department of Health shall be
subject to a penalty of $5,000 per animal purchased for the first
offense.
(4) For a second offense by any person other than a breeder, a
penalty of $2,500, except that a pet dealer who knowingly purchases
cats or dogs from a breeder whose registration has been revoked or
who is not properly registered with the Department of Health shall be
subject to a penalty of $10,000 per animal purchased under a second
or subsequent offense.
(5) For a third offense by any person other than a breeder, a
penalty of $5,000, except that a pet dealer who knowingly purchases
cats or dogs from a breeder whose registration has been revoked or
who is not properly registered with the Department of Health shall be
subject to a penalty of $10,000 per animal purchased under a third or
subsequent offense.
(6) For a fourth offense or subsequent offenses by any person
other than a breeder, a penalty of not less than $5,000 nor more than
$10,000, except that a pet dealer who knowingly purchases cats or
dogs from a breeder whose registration has been revoked or who is
not properly registered with the Department of Health shall be
subject to a penalty of $10,000 per animal purchased under a fourth
or subsequent offense.
Any person who violates an administrative order issued pursuant
to subsection b. of this section, or a court order issued pursuant to
subsection c. of this section, or who fails to comply with an
administrative assessment in full pursuant to subsection d. of this
section is subject upon order of a court to a civil penalty not to
exceed $10,000 per day of such violation.
Any penalty imposed pursuant to this subsection may be collected
with costs in a summary proceeding pursuant to "the penalty
enforcement law" (N.J.S. 2A:58-1 et seq.). The Superior Court and
the municipal court shall have jurisdiction to enforce the provisions
of "the penalty enforcement law" in connection with this act.
10. A member of the public who supplies information to an
enforcing authority which proximately results in the imposition and
collection of a civil penalty as the result of a civil action brought
pursuant to subsection e. of section 9 of this act, or any rule or
regulation adopted, administrative order issued, or assessment
imposed pursuant thereto, shall be entitled to a reward of 10% of the
civil penalty collected, or $250, whichever amount is greater. The
reward shall be paid by the department from any money received by the
department pursuant to subsection e. of section 9 of this act. The
Attorney General shall adopt, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and
regulations necessary to implement this section.
11. All fees and penalties collected pursuant to this act shall
be placed in a special dedicated fund to be known as the "Kitten and
Puppy Protection Fund," which shall be separate from the General Fund
of the State. All moneys in the "Kitten and Puppy Protection Fund"
shall be used by the commissioner exclusively for the control of
animal populations, and the administration, enforcement and
implementation of this act, and shall be allocated in the following
manner:
(1) 50 percent to the "Animal Population Control Fund,"
established pursuant to P.L.1983, c.172 (C.4:19A-5); and
(2) 50 percent to the Department of Health for the purposes of
administering, enforcing and implementing this act.
12. The Department of Health shall adopt, pursuant to the
provisions of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), such rules and regulations as may be necessary
to implement the provisions of this act.
13. This act shall take effect on the 180th day after
enactment, but the Commissioner of the Department of Health may take
such anticipatory administrative action in advance as shall be
necessary for the implementation of the act.
STATEMENT
This bill prohibits certain breeding practices and limits the
selling of cats or dogs as pets to 25 animals per year per
breeder. "Breeder" is defined under the bill as any person who owns
or operates a breeding facility and sells more than five cats or dogs
per year, regardless of whether or not the person holds a valid
breeder license issued by the United States Department of Agriculture.
Currently, many diseased or abused dogs are sold in the State as
pets that come from breeding facilities nicknamed "puppy mills," and
there is evidence that similar mills to breed cats exist as well.
Puppy mills are mass breeding dog farms which engage in widespread
abuse of the dogs they breed. Because many of these operations are
located outside the State and may not have valid United States
Department of Agriculture breeder licenses, it is difficult to
discern which breeders are puppy mill operations and furthermore
detect abuse and its effects at the time of sale of the cats or
dogs. Therefore, the bill broadly defines breeder, restricts the
number of animals to be sold in the State, and requires disclosure of
essential information about a cat's or dog's origins and health at
the time of sale.
The bill also requires breeders selling cats or dogs as pets in
the State to annually register with the Department of Health, and the
Department of Health to annually publish the list of breeders
registered in the State. At that time, the breeder would be required
to sign a document attesting to the breeder's compliance with federal
and State law concerning the proper breeding, care and treatment of
animals and the rules and regulations adopted pursuant to these laws,
as well as more specific requirements. The specific requirements are
changes to federal regulations being recommended by the Humane
Society of the United States. The bill authorizes the Department of
Health to deny or revoke the registration of any breeder who falsely
attests to items in the registration document or who has been found
guilty of cruelty to animals or in violation on any other laws
concerning the proper breeding, care, housing, raising or treatment
of animals in any state or jurisdiction.
The bill prohibits any "pet dealer," which includes pet shops
and individuals selling more than five cats or dogs as pets per year,
from buying cats or dogs from any breeder that does not have valid
registration and is not on the list published by the Department of
Health annually. The bill also requires pet dealers to make
information on the cats and dogs available and notice the public that
it is available.
Finally, the bill provides extensive civil administrative
penalties and civil penalties for violations of the act, with the
heaviest penalties falling on breeders who violate the law.
Individuals who provide information that leads to the collection of
these penalties are eligible for a reward of 10% of the penalty
collected or $250, whichever amount is greater. The bill also
provides that any misrepresentation, misinformation or failure to
properly disclose information about a cat or dog constitutes fraud,
a violation of this bill, and P.L.1960, c.39 (C.56:8-1 et seq.),
commonly referred to and known as the Consumer Fraud Act, and the
violator is subject to all the applicable penalties under State and
federal law.
It is the sponsor's intent that, by requiring registration of
breeders, providing the retail purchaser with information about the
cats and dogs, and by imposing heavy penalties on violators,
individuals and pet shops would be encouraged to purchase cat or dogs
from reputable breeders, thus eliminating the market for cats or dogs
from mass breeding establishments with poor and unhealthy conditions.
------- End of forwarded message -------
Ginger Cleary, Rome, GA
Of all tyrannies, a tyranny exercised for the good of its victims may be the
most oppressive. C.S.Lewis
www.rihadin.com <http://www.rihadin.com>
My Ebay site
<http://members.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=ginny2003>
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