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A2049
ASSEMBLY, No. 2049
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblymen McGuckin, Kanitra, G.Rodriguez, Assemblywomen
Katz, Park, Dunn, Donlon, Swain, Assemblyman Kennedy, Assemblywoman Murphy,
Assemblymen Hutchison, Miller, DiMaio, Assemblywomen Collazos-Gill, Morales,
Lopez, Reynolds-Jackson, Assemblymen Schaer, Danielsen, Barlas, Calabrese,
Stanley, Schnall, Tully, Assemblywoman Bagolie, Assemblyman Verrelli,
Assemblywomen Kane and Brennan
SYNOPSIS
���� Prohibits sale of cats, dogs, or rabbits by pet
shops; repeals "Pet Purchase Protection Act."
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the sale of certain pets, supplementing Title 4 of the Revised
Statutes, amending P.L.1941, c.151, and repealing various parts of the
statutory law.
����
Be It Enacted
by the Senate and General Assembly of the State of New Jersey:
���� 1.��� (New section)� The
Legislature finds and declares that it is an important public policy to protect
animals and consumers from the well-documented puppy-mill-to-pet-store pipeline
and support the adoption of homeless animals from animal rescue organizations,
animal shelters, and pounds; and that consumers also have the option to buy
puppies or kittens directly from responsible breeders who take excellent care
of their animals and do not sell their puppies or kittens through third-party
retailers.
���� The Legislature also finds and
declares that despite the consumer protections enacted by the State, some pet
shops continue to obtain cats and dogs from kitten and puppy mills with
egregious animal welfare records; that federal oversight of commercial breeders
that sell cats and dogs to pet stores is minimal, and the federal standards
established by federal regulations are limited, mere survival standards; that kitten
and puppy mills sell sick and unsocialized pets, mislead consumers, and engage
in predatory pricing practices; and that cats, dogs, and rabbits sold by pet
shops are often abandoned or surrendered to animal rescues, shelters, or
pounds.
���� The Legislature furthermore
finds and declares that shelters and animal rescue organizations buying kittens
and puppies from commercial breeders inadvertently fund the mistreatment of cats
and dogs by commercial breeders; and that shelters and animal rescue
organizations across the nation can responsibly find homes for cats from kitten
mills and dogs from puppy mills without financially compensating the commercial
breeding industry that created the problem.
���� The Legislature therefore
determines that it is in the best interest of the citizens of the State to
prohibit the sale of cats, dogs, and rabbits by pet shops, and to encourage pet
shops to employ a humane and responsible business model which collaborates with
animal rescue organizations, shelters, and pounds to showcase pets available
for adoption.� The Legislature also determines that it is in the best interest
of the citizens of the State to prohibit animal rescue organizations, shelters,
and pounds from obtaining cats or dogs from breeders or brokers for payment or
compensation.
���� 2.��� (New section) As used in
sections 1 through 6 of P.L.��� , c. ����(C.������� ) (pending before the
Legislature as this bill):
���� "Animal rescue
organization" means the same as that term is� defined in section 1 of
P.L.1941, c.151 (C.4:19-15.1).�
���� �Animal rescue organization
facility� means the same as that term is defined in �section 1 of P.L.1941,
c.151 (C.4:19-15.1).
���� "Breeder" means any
person, firm, corporation, or organization in the business of breeding cats or
dogs.
���� "Broker" means any
person, firm, corporation, or organization who transfers a cat or dog for
resale by another.
���� "Consumer" means a
person purchasing a cat or dog not for the purposes of resale.
���� "Kennel" means the
same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
���� "Pet dealer" means
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 cats or dogs in one year.� The term �pet dealer� shall not include a
pet shop.
���� "Pet shop" means the
same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
���� "Pound" means the
same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
���� "Shelter" means the
same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
���� "Unfit for purchase"
means having 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.
���� 3.��� (New section) a.� The
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall not alter, diminish, replace, or revoke the requirements for
pet dealers or the rights of a consumer purchasing an animal from a pet dealer as
may be provided in law, or any rule or regulation adopted pursuant thereto.� Any
provision of law pertaining to pet shops, or rule or regulation adopted
pursuant thereto, that does not pertain to the sale of cats, dogs, or rabbits
shall continue to apply to pet shops. �No provision of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall alter,
diminish, replace, or revoke any recourse or remedy that is otherwise available
to a consumer purchasing a cat, dog, rabbit, or any other type of animal provided
under any other law.
���� b.��� It shall be an unlawful
practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any breeder,
broker, or kennel to knowingly sell a cat or dog that is unfit for purchase.� The
death of an animal within 14 days after the date of its delivery to the
consumer, except by death by accident or as a result of injuries sustained
during that period, shall be construed to mean the animal was unfit for
purchase.
���� 4.��� (New section) No animal
rescue organization or animal rescue organization facility, pet shop, shelter,
or pound may obtain a cat, dog, or rabbit from a breeder or broker in exchange
for payment or compensation, monetary or otherwise.
���� 5.��� (New section) �a.� No
pet shop shall sell or offer for sale a cat, dog, or rabbit.� A pet shop may
sell or offer for sale any other type of animal as may be otherwise authorized
pursuant to State law, or rules or regulations adopted pursuant thereto, or pet
supplies for any type of animal, including a cat, dog, or rabbit.
���� b.� A pet shop may, in
collaboration with an animal rescue organization, shelter, or pound, offer
space in the pet shop to showcase cats, dogs, or rabbits that are available for
adoption, provided that no payment or compensation, monetary or otherwise, is
exchanged between the pet shop and animal rescue organization, shelter, or
pound, for any animal being showcased.
���� c.� A person who violates the
provisions of subsection a. or b. of this section shall be subject to a fine of
$1,000 for each violation, to be collected by the municipality in which the
violation occurs in a civil action by a summary proceeding under the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� Each cat, dog,
or rabbit sold in violation of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) shall constitute a separate offense under this
section.� Upon a pet shop being found liable for three or more violations
pursuant to P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), the court shall order the revocation of the license of the pet shop
and may order a permanent prohibition against the pet shop being licensed or
operating in any municipality in the State.� The Superior Court and the
municipal court shall have jurisdiction over proceedings for the enforcement of
the penalties established by this section.
���� 6.��� (New section) No
provision of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall be construed to interfere with the implementation of, or
otherwise invalidate, or limit or restrict any municipality, county, local
health agency, or municipal or county board of health from enacting or
enforcing, any law, ordinance, rule, or regulation that places additional
obligations or restrictions on kennels, pet shops, kennel or pet shop sales,
pet dealers, breeders, brokers, or pet dealer, breeder, or broker sales.
���� 7.� Section 1 of P.L.1941,
c.151 (C.4:19-15.1) is amended to read as follows:
���� 1.��� As used in P.L.1941,
c.151 (C.4:19-15.1 et seq.):
���� "Animal rescue
organization" means an individual or group of individuals who
do not
operate for profit
, with or without salary or compensation, house and care
for homeless animals in the home of an individual or in other facilities, with
the intent of placing the animals in responsible, more permanent homes as soon
as possible.
���� "Animal rescue
organization facility" means the home or other facility
that is not
operated for profit
in which an animal rescue organization houses and cares
for an animal.
���� "Certified animal control
officer" means a person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health and Senior
Services and the Police Training Commission as prescribed by paragraphs (1)
through (3) of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a);
or who has been employed in the State of New Jersey in the capacity of, and
with similar responsibilities to those required of, a certified animal control
officer pursuant to the provisions of P.L.1983, c.525 for a period of three
years before January 17, 1987.
���� "Dog" means any dog,
bitch or spayed bitch.
���� "Dog of licensing
age" means any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
���� "Foster home" means
placement of a cat or dog with an individual or group that is not an animal
rescue organization for the purpose of temporarily caring for the cat or dog,
without the individual or group assuming ownership and with the intent of the
individual or group relinquishing the cat or dog to a suitable owner when one
is located.
���� "Kennel" means any
establishment wherein or whereon the business of boarding or selling dogs or
breeding dogs is carried on
[
,
except a pet shop
]
.
���� "Owner" when applied
to the proprietorship of a dog shall include every person having a right of
property in that dog and every person who has that dog in
[
his
]
the
person�s
keeping, and when applied to the proprietorship of any other
animal, including, but not limited to, a cat, shall include every person having
a right of property in that animal and every person who has that animal in
[
his
]
the
person�s
keeping.
���� "Pet shop" means
[
any place of
business which is not part of a kennel,
]
a retail establishment
wherein animals
[
,
including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits,
hamsters or gerbils,
]
not born on the premises
are kept or displayed chiefly for the purpose
of sale to
, or adoption by,
individuals for personal appreciation and
companionship rather than for business or research purposes.����
���� "Pound" means an
establishment for the confinement of dogs or other animals seized either under
the provisions of this act or otherwise.
���� "Shelter" means any
establishment where dogs or other animals are received, housed
,
and
distributed
that is not operated for profit and is not an animal rescue
organization facility, foster home, kennel, pet shop, or pound. The term
�shelter� shall include, but need not be limited to, such an establishment
whose primary mission and practice is the placement of abandoned, unwanted,
neglected, or abused animals, and may be either: owned or maintained by, or
under contract with, the State, a county, or a municipality; or owned or
maintained by, or under contract with, a nonprofit organization that is
established for the purpose of sheltering animals
.
���� "Sterilize" means to
render an animal incapable of reproducing by either spaying or neutering.
(cf: P.L.2011, c.142, s.1)
���� 8.��� Section 8 of P.L.1941,
c.151 (C.4:19-15.8) is amended to read as follows:
���� 8.��� a.� Any person who keeps
or operates or proposes to establish a kennel, a pet shop, a shelter or a pound
shall apply to the clerk or other official designated to license dogs in the
municipality where such establishment is located, for a license entitling
[
him
]
the
licensee
to keep or operate such establishment.�
A person who operates
or proposes to operate an establishment that serves multiple functions as a
kennel, pet shop, shelter, or pound shall apply for a license for each function
the establishment performs.
����
A retail establishment that
does not sell animals, but that keeps and displays animals for an animal rescue
organization, shelter, or pound solely for the purpose of offering the animals
for adoption, shall not require a pet shop license.
���� The application shall describe
the premises where the establishment is located or is proposed to be located,
the purpose or purposes for which it is to be maintained, and shall be
accompanied by the written approval of the local municipal and health
authorities showing compliance with the local and State rules and regulations
governing location of and sanitation at such establishments.
���� b.��� All licenses issued for
a kennel, pet shop, shelter, or pound shall state the purpose for which the
establishment is maintained, and all licenses shall expire on the last day of
June of each year, and be subject to revocation by the municipality on recommendation
of the Department of Health or the local board of health for failure to comply
with the rules and regulations of the State department or local board governing
the same, after the owner has been afforded a hearing by either the State
department or local board
[
,
except as provided in subsection c. of this section
]
.
���� Any person holding a license
shall not be required to secure individual licenses for dogs owned by a
licensee and kept at the establishments; the licenses shall not be transferable
to another owner or different premises.
���� c.����
[
The license
for a pet shop shall be subject to review by the municipality, upon
recommendation by the Department of Health or the local health authority for
failure by the pet shop to comply with the rules and regulations of the State
department or local health authority governing pet shops or if the pet shop
meets the criteria for recommended suspension or revocation provided under
subsection c. or d. of section 5 of P.L.1999, c.336 (C.56:8-96), after the
owner of the pet shop has been afforded a hearing pursuant to subsection e. of
section 5 of P.L.1999, c.336 (C.56:8-96).
���� The municipality, based on the
criteria for the recommendation of the local health authority provided under
subsections c. and d. of section 5 of P.L.1999, c.336 (C.56:8-96), may suspend
the license for 90 days or may revoke the license if it is determined at the
hearing that the pet shop: (1) failed to maintain proper hygiene and exercise
reasonable care in safeguarding the health of animals in its custody or (2)
sold a substantial number of animals that the pet shop knew, or reasonably
should have known, to be unfit for purchase.
]
(Deleted by amendment, P.L.��� , c.�� ) (pending before the Legislature as
this bill)
���� d.��� The municipality may
issue a license for a pet shop that permits the pet shop to sell pet supplies
for all types of animals, including cats
[
and
]
, dogs, and
rabbits,
and
sell animals other than cats
[
and
]
,
dogs
[
but restricts
the pet shop from selling cats or dogs, or both
]
, and rabbits
.
���� e.����
[
Every pet shop
licensed in the State shall submit annually �and no later than May 1 of each
year records of the total number of cats and dogs, respectively, sold by the
pet shop each year to the municipality in which it is located, and the
municipality shall provide this information to the local health authority.
]
(Deleted
by amendment, P.L.��� , c.�� ) (pending before the Legislature as this bill)
����
f.���� The license for a
kennel, pet shop, shelter, or pound may be subject to review for suspension or
revocation if the kennel, pet shop, shelter, or pound fails to comply with the
rules and regulations governing the sanitary conduct and operation of kennels,
pet shops, shelters, or pounds adopted pursuant to P.L.1941, c.151
(C.4:19-15.14) or the provisions of P.L.��� , c.���
(C. ) (pending before the Legislature
as this bill) that are applicable to the facility.� No license shall be
suspended or revoked without a hearing or a court�s determination of liability
pursuant to subsection c. of section 5 of P.L.��� , c.�� (C.������� ) (pending
before the Legislature as this bill).
����
g.� On or after the
effective date of P.L.��� , c.�� (C.����� ) (pending before the Legislature as
this bill), any license for a pet shop issued or renewed by the municipality shall
not permit the pet shop to sell or offer for sale cats, dogs, or rabbits.
(cf: P.L.2012, c.17, s.5)
���� 9.��� The following sections
are repealed:� sections 1 through 5, and section 7 of P.L.1999, c.336
(C.56:8-92 through C.56:8-95, C.56:8-96, and C.56:8-97); and sections 3 through
5 of P.L.2015, c.7 (C.56:8-95.1 through C.56:8-95.3).
���� 10. This act shall take effect
on the 180th
day following enactment.
STATEMENT
����� This bill repeals the �Pet
Purchase Protection Act,� P.L.1999, c.336 (C.56:8-92 et seq.) and replaces it
with a prohibition on the sale of cats, dogs, and rabbits by pet shops. The
bill also imposes several other requirements concerning the sale and adoption
of animals.
���� The bill provides that,
without limiting the prosecution of any other practices which may be unlawful
pursuant to State consumer fraud laws, it would be an unlawful practice and a
violation of State consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.), for
any breeder or broker to knowingly sell a cat or dog that is unfit for
purchase.� The bill defines �unfit for purchase� as having any disease,
deformity, injury, physical condition, illness, or defect which is congenital
or hereditary and severely affects the health of the animal, and which was
manifest, capable of diagnosis or likely contracted on or before the sale and
delivery of the animal to the consumer.� The bill specifies that the death of
an animal within 14 days of its delivery to the consumer, except by death by
accident or as a result of injuries sustained during that period, would be
construed to mean the animal was unfit for purchase.
����� The bill establishes a
prohibition on the sale of cats, dogs, or rabbits by pet shops and establishes
a $1000 fine for each violation of this prohibition to be collected in a civil
action under the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10
et seq.).� The bill authorizes a pet shop to:
���� 1)� sell or offer for sale any
other type of animal as may be otherwise permitted pursuant to State law or
regulation, or sell or offer for sale pet supplies for any type of animal,
including a cat, dog, or rabbit, if it is licensed by its municipality to do
so; and
���� 2)� offer, in collaboration
with an animal rescue organization, shelter, or pound, space in the pet shop to
showcase cats, dogs, and rabbits that are available for adoption, provided that
no payment or compensation, monetary or otherwise, is exchanged between the pet
shop and animal rescue organization, shelter, or pound, for the use of the pet
shop or for the adoption of any cat, dog, rabbit, or any other animal.
���� The bill prohibits animal
rescue organizations, animal rescue organization facilities, pet shops,
shelters, or pounds from obtaining a cat, dog, or rabbit from a breeder or
broker in exchange for any type of compensation.
���� The bill specifies that:
���� 1)� no provision of the bill
may be construed to alter, diminish, replace, or revoke the requirements for
pet dealers that are not pet shops or the rights of a consumer purchasing an
animal from a pet dealer that is not a pet shop, as may be provided elsewhere
in law or any rule or regulation;
���� 2)� any provision of law or
regulation pertaining to pet shops that does not pertain to the sale of cats,
dogs, or rabbits would continue to apply to pet shops; and
���� 3)� no provision of the bill
may be construed to alter, diminish, replace, or revoke any recourse or remedy
that is otherwise available to a consumer purchasing a cat, dog, rabbit, or any
other type of animal and provided under any other law.
���� The bill specifies that the
bill�s provisions may not be construed to interfere with the implementation of,
or otherwise invalidate, or limit or restrict any municipality, county, local
health agency, or municipal or county board of health from enacting or
enforcing, any law, ordinance, rule, or regulation that places additional
obligations or restrictions on pet shops, pet shop sales, pet dealers,
breeders, brokers, or breeder or broker sales.