Jersey Pet Store Regs Poised for Change

Two proposals currently in the New Jersey Assembly could result in the New Jersey Department of Health and Senior Services reviewing and revising requirements for pet stores, kennels and other establishments that sell live animals.

Assembly Bill 417, currently assigned to the Agriculture and Natural Resources Committee, would direct the department to review and revise regulations to prohibit the overcrowding of animals. The proposed legislation would also set forth civil penalties for pet store and kennel owners found guilty of overcrowding animals, as defined by the department’s future regulations. Fines would escalate from $500 for first violation to $5,000 for the third violation and revocation of license at the fourth violation. This bill would go into effect immediately upon approval.

In addition, Assembly Bill 2039, a broad revision of the state’s animal cruelty laws, would require the department to work with the New Jersey Department of Agriculture to “prepare and promulgate rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.”

The new rules, if the health department determined they were necessary, would be due within six months of approval of the act.

The legislation also directs the health department to require these establishments to “provide prompt, basic veterinary care and, to the extent possible as determined by the department, appropriate exercise or appropriate access to an exercise area.”

The Agriculture and Natural Resources Committee is scheduled to hold a hearing on this legislation tomorrow, Feb. 2, 2012, at 2 p.m. in Committee Room 12 in the State House Annex at 125 W. State St. in Trenton.

The full legislation revises the state’s animal cruelty and neglect statutes and increases penalties.
The legislation establishes degrees of animal abuse (including overworking an animal), abandonment, neglect and improper euthanizing of an animal.

The legislation also deems the owner and staff of pet shops, kennels and shelters as the owner or caretaker of animals in their custody for the purposes of animal neglect, defined as “fails to provide minimum care to an animal for which the person is the owner or caretaker, or cruelly restrains a dog.”

The legislation also sets forth tethering regulations, including the length of time a dog may be tethered and what type of equipment may and may not be used.

The legislation also sets forth minimum fines and penalties for offences, based on the degree of abuse, neglect or other violation. Minimum fines begin at $500 and increase to $10,000 for major offenses. Fines are in addition to possible other penalties, including imprisonment, community service, restitution, forfeiture of animals and possible mental health evaluations.

The legislation also includes provisions against selling or giving away rabbits, turtles, chicks, ducklings and other fowl under two months of age for use as household pets; selling, giving away or displaying artificially colored live chicks, ducklings, other fowl, rabbits, turtles and chameleons; and knowingly selling domestic dog or cat fur or any products made with fur or hair from a domestic dog or cat (unless the fur or hair came from a commercial grooming establishment or veterinary office).