Sponsored by:
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
SYNOPSIS
Directs DHSS to adopt regulations prohibiting overcrowding of
animals in kennels, pet shops and other retail establishments;
establishes penalties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the care and housing of animals in kennels, pet
shops and other retail establishments selling animals, and
supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of
New Jersey:
1. a. In addition to any rules and regulations adopted
pursuant to any other provision of Title 4 of the Revised Statutes,
the Department of Health and Senior Services shall review existing
requirements concerning the proper care and housing of animals by
kennels, pet shops and any other retail establishments selling
animals, determine the proper care and housing for each species of
animal sold by kennels, pet shops and any other retail establishments
selling animals, and adopt, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations
providing for the proper care and housing of animals by kennels, pet
shops and other retail establishments selling animals that prohibit
the overcrowding of animals.
b. Any owner of a kennel, pet shop or other retail
establishment selling animals found to be guilty of overcrowding
animals under the provisions of the rules and regulations adopted
pursuant to subsection a. of this section shall be subject to the
following:
(1) a civil penalty of $500 for the first violation;
(2) a civil penalty of $1,000 for the second violation;
(3) a civil penalty of $5,000 for the third violation; and,
(4) for the fourth violation, revocation of the kennel or pet
shop license or certificate of occupancy, if the establishment is not
a kennel or a pet shop, pending the appropriate due process for such
revocation.
c. No provision of this section shall be applied to shelters,
pounds or other nonprofit organizations involved in the shelter or
rescue of mistreated, stray and abandoned animals.
2. This act shall take effect immediately.
STATEMENT
This bill directs the Department of Health and Senior Services
to review current regulations concerning the proper care and housing
of animals, determine the proper care and housing for each species of
animal sold by kennels, pet shops and any other retail establishments
selling animals, and adopt rules and regulations providing for the
proper care and housing of animals by kennels, pet shops and other
retail establishments selling animals that prohibit the overcrowding
of animals.
The bill also establishes penalties for the owner of a kennel,
pet shop or other retail establishment selling animals found guilty
of overcrowding animals. The penalties are as follows:
1) a civil penalty of $500 for the first violation;
2) a civil penalty of $1,000 for the second violation;
3) a civil penalty of $5,000 for the third violation; and,
4) for the fourth violation, revocation of the kennel or pet
shop license or certificate of occupancy, if the establishment is not
a kennel or a pet shop, pending the appropriate due process for such
revocation.