Requires registry of animal rescue organizations; requires animal rescue, pet shop, shelter, or pound notify person adopting or purchasing animal of animal's behavioral and medical history; designated as "Rocky's Law."

A2068

ASSEMBLY, No. 2068

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

SYNOPSIS

���� Requires registry of animal rescue organizations;
requires animal rescue, pet shop, shelter, or pound notify person adopting or
purchasing animal of animal's behavioral and medical history; designated as
"Rocky's Law."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning notification of the behavioral and medical
history of an animal when offering the animal for sale or adoption, and
amending and supplementing Title 4 of the Revised Statutes and P.L.1999, c.336
(C.56:8-1 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� a.� In
addition to the requirements of section 16 of P.L.1941, c.151 (C.4:19-15.16),
an animal rescue organization facility, shelter, and pound in the State shall
document the health, behavioral, and medical history of an animal prior to offering
the animal for adoption by obtaining and retaining records of:

���� (1)�� a� complete medical
examination by a State licensed veterinarian performed on the animal when the
animal is received by the animal rescue organization facility, shelter, or
pound and a subsequent medical examination no more than 14 days before the
animal is adopted;

���� (2)�� a complete behavioral
and psychological assessment by a certified animal behaviorist, psychologist,
or trainer, including a safety and temperament certification verifying that the
animal does not appear to exhibit behavior or tendencies that would make the
animal dangerous or unsuitable for adoption;

���� (3)�� to the extent possible,
information concerning the animal�s history, including any dangerous behavior,
illnesses, injuries, physical or behavioral abnormalities, history of dangerous
behavior, vaccinations received, number, type, and location of homes the animal
has had, the reasons the animal left its previous homes, any history of biting,
scratching, or attacking people or animals, or any other known health,
behavioral, or medical information that may cause concern for a person adopting
the animal.

���� b.��� To the extent possible,
an animal rescue organization facility, shelter, or pound shall determine and
maintain records of the:�

���� (1)�� date and place of birth
of each animal placed in its care, and the actual age, or approximate age as
established by a veterinarian, of the animal;

���� (2)�� sex, color markings, and
other identifying information of the animal, including any tag, tattoo, collar
number, or microchip information;

���� (3)�� name and address of the
veterinarian last attending to the animal before the animal was placed in the
animal rescue organization facility, shelter, or pound and any health,
behavioral, or medical records that may be available from the veterinarian;

���� (4)�� name and address of the
veterinarian attending to the animal while the animal is in the custody of the
animal rescue organization facility, shelter, or pound, and the dates of the
initial and any subsequent examinations of the animal;

���� (5)�� 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 United States Department of Agriculture license number,
the breeder's state license number if the breeder is required to be licensed in
the state in which the breeder is located, and any health, behavioral, or
medical records that may be available therefrom; and

���� (6)�� first and last name of
the broker of the animal if different from the breeder, the full street address
of where the broker is doing business, an email address, if available, by which
to contact the broker, the United States Department of Agriculture license
number of the broker, the broker's state license number if the broker is
required to be licensed in the state in which the broker is located, and any
health, behavioral, or medical records that may be available therefrom.

���� c.���� An animal rescue
organization facility, shelter, or pound in the State shall disclose in writing
any information obtained concerning the animal pursuant to subsections a. and
b. of this subsection to any person considering, or applying for, adoption of the
animal, with an advisory notice that the records may be incomplete.� The person
adopting the animal shall sign a form verifying that the person received the
written disclosure and advisory notice required pursuant to this section.

���� d.��� An animal rescue
organization facility, shelter, or pound shall not post or describe any
behavioral information about an animal on the Internet without evidence of the
behavioral information posted or described.� If the animal rescue organization
facility, shelter, or pound has no evidence of behavioral information for the
animal,� the animal rescue organization facility, shelter, or pound shall post
that the animal�s behavior history is unknown or that the animal�s behavior has
not been tested or assessed in a home environment.

���� e.���� At the time of adoption
or no more than 14 days before an adoption is final, a State licensed
veterinarian shall examine and certify that the animal:

���� (1)�� is free of fever,
parasites, and contagious hair loss;

���� (2)�� is not vomiting;

���� (3)�� does not have loose
stools and has feces free of disease, infection, and parasites;

���� (4)�� is in good health, or
has specific health, mental, or medical problems as reported in writing and
provided to the person adopting the animal;�

���� (5)�� if the animal is a dog,
has received its first parvo and distemper vaccines and at least one booster,
and the dog�s rabies inoculations are up-to-date; and

���� (6)�� has not exhibited
dangerous behavior, that the animal�s behavior history is unknown, or that any
known dangerous behavior has been disclosed in writing and provided to the
person adopting the animal.

���� f.���� Failure to comply with
the provisions of this section, the posting of unsubstantiated information
concerning the health or behavior of an animal on the Internet, or describing
unsubstantiated health or behavioral history on the Internet or to a person adopting
the animal shall constitute
an unlawful
practice
and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).

���� g.��� In addition to the
penalties that may apply pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), if an
adopted animal causes bodily harm to, or death of, another animal or any person
after the adoption of the animal from an animal rescue organization, shelter,
or pound, and the animal rescue organization, shelter, or pound failed to
provide the safety and temperament certification required pursuant to paragraph
(2) of subsection a. of this section or knowingly withheld any behavioral
information required to be disclosed pursuant to paragraph (6) of subsection e.
of this section, the animal rescue organization, shelter, or pound shall be
liable for a penalty in the amount of five times the adoption fee charged for
the animal.

���� 2.��� (New section)� a.� In
addition to the requirements of section 4 of P.L.1999, c.331 (C.56:8-95), a pet
shop in the State shall document the health, behavioral, and medical history of
an animal to the extent possible prior to offering the animal for sale by
obtaining and retaining records of:

���� (1)�� a complete medical
examination by a State licensed veterinarian performed on the animal when the
animal is received by the pet shop for sale and a subsequent medical
examination no more than 14 days before the animal is sold;

���� (2)�� a complete behavioral
and psychological assessment by a certified animal behaviorist, psychologist,
or trainer, including a safety and temperament certification verifying that the
animal does not appear to exhibit behavior or tendencies that would make the
animal dangerous or unsuitable for sale as a pet; and

���� (3)�� information concerning
the animal�s history, including any dangerous behavior, illnesses, injuries,
physical or behavioral abnormalities, history of dangerous behavior,
vaccinations received, number, type, and location of homes the animal has had,
the reasons the animal left its previous homes, any history of biting,
scratching, or attacking people or animals, or any other known health,
behavioral, or medical information that may cause concern for a person
purchasing the animal as a pet.

���� b.��� A pet shop shall
disclose in writing all information obtained concerning the animal pursuant to
subsection a. of this subsection, and the information required to be recorded
or posted pursuant to subsections b. and c. of section 4 of P.L.1999, c.331
(C.56:8-95)� to any person who considers the purchase of, or purchases, an
animal, with an advisory notice that the records may be incomplete.� The person
adopting the animal shall sign a form verifying that the person received the
written disclosure and advisory notice required pursuant to this section.

���� c.���� A pet shop shall not
post or describe any behavioral information about an animal on the Internet
without evidence of the behavioral information posted or described.� If the pet
shop has no evidence of behavioral information for the animal,� the pet shop
shall post that the animal�s behavior history is unknown or that the animal�s
behavior has not been tested or assessed in a home environment.

���� d.��� At the time of sale or
no more than 14 days before the sale of an animal is final, a State licensed
veterinarian shall examine and certify that the animal:

���� (1) is free of fever,
parasites, and contagious hair loss;

���� (2) is not vomiting;

���� (3) does not have loose stools
and has feces free of disease, infection, or parasites;

���� (4) is in good health, or has
specific health, mental, or medical problems as reported in writing and
provided to the person purchasing the animal;�

���� (5) if the animal is a dog,
has received its first parvo and distemper vaccines and at least one booster,
and the dog�s rabies inoculations are up-to-date; and

���� (6) has not exhibited
dangerous behavior, that the animal�s behavior history is unknown, or that any
known dangerous behavior has been disclosed in writing and provided to the
person purchasing the animal.

���� e.���� Failure to comply with
the provisions of this section, the posting of unsubstantiated information
concerning the health or behavior of an animal on the Internet, or describing
unsubstantiated health or behavioral history on the Internet or to a person purchasing
the animal shall constitute
an unlawful
practice
and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).

���� f.���� In addition to the
penalties that may apply pursuant to P.L.1960, c.39 (C.56:8-1 et seq.)., a pet
shop that sells an animal without providing the purchaser with the safety and
temperament certification required pursuant to paragraph (2) of subsection a.
of this section shall be liable for five times the amount paid for the animal
if the animal causes bodily harm to, or death of, another animal or any person
following the purchase of the animal as a pet.

���� 3.��� Section 6 of P.L.2011,
c.142 (C.4:19-15.33) is amended to read as follows:

���� 6.��� a.� The Department of
Health shall establish a registry of animal rescue organizations and their
facilities in the State.� Any animal rescue organization
[
may
voluntarily participate in the registry
]

operating in the State shall register with the Department of Health and
shall comply with the provisions of P.L.2011, c.142 (C.4:19-15.30 et al.),
section 16 of P.L.1941, c.151 (C.4:19-15.16), and section 1 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill)
.

���� b.��� The department, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), may adopt any rules and regulations determined necessary to implement
the
[
voluntary
]
registry and
coordinate its use with the provisions of P.L.2011, c.142 (C.4:19-15.30 et al.)

[
and
]

,

section 16 of P.L.1941, c.151 (C.4:19-15.16)
, and section 1 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill)
.

(cf: P.L.2012, c.17, s.13)

���� 4.��� Section 4 of P.L.1999,
c.336 (C.56:8-95) is amended to read as follows:

���� 4.��� 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,
]

P.L.1960, c.39 (C.56:8-1 et seq.) or any other law,

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
]

P.L.1960,
c.39 (C.56:8-1 et seq.) or any other law, it shall be an unlawful

practice
and a violation of P.L.1960, c.39
(C.56:8-1 et seq.)
for any owner or operator of a pet shop, or employee
thereof, to sell
[
animals
within
]

an animal to a consumer in
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)
, and
any other
applicable provisions, requirements, and prohibitions of
P.L.1999,
c.336 (C.56:8-92 et al.)
.

���� b.��� Within five 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 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 subsection g. of this section, except
as otherwise provided in that subsection.

���� 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
and any subsequent
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 enclosure the USDA inspection reports for the
breeder and broker of each cat or dog for the two 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 St., 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 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 Director of the
Division of Consumer Affairs in the Department of Law and Public Safety shall
provide each owner or operator of a pet shop with notification forms, to be
signed by the owner or operator of the pet shop, or employee thereof, and the
consumer at the time of purchase of an animal.� The notification form shall
provide the following:

���� (1)�� The full text of the
rights and responsibilities provided for in subsection h. of this section;

���� (2)�� The full text and
description of the recourse to which the consumer is entitled pursuant to
subsection i. of this section;

���� (3)�� The statement that it is
the responsibility of the consumer to obtain such certification within the
required amount of time provided by subsection h. of this section.

���� (4)�� The full text of the
rights and responsibilities of the owner or operator of the pet shop, and the
employees thereof, and the consumer provided in subsection l. of this section;

���� (5)�� The notification,
reporting and enforcement provisions provided in section 5 of P.L.1999, c.336
(C.56:8-96), including the name and address of the local health authority with
jurisdiction over the pet shop;

���� (6)�� The name, full street
address, email address, if available, and USDA license number of the breeder of
the animal and the broker of the animal, if the broker is different from the
breeder;

���� (7)�� The breeder's state
license number, if the breeder is required to be licensed in the state in which
the breeder is located, and, if the broker is different from the breeder and
the broker is required to be licensed in the state in which the broker is located,
the broker's state license number; and

���� (8)�� An attestation by the
owner or operator of the pet shop that, as of the date of purchase of the
animal by the pet shop, which shall be specified in the attestation, the
breeder and the broker of the animal were in compliance with the requirements
concerning the maintenance and care of 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), as required
pursuant to section 3 of P.L.2015, c.7 (C.56:8-95.1).

���� The owner or operator of the
pet shop, or an employee thereof, shall obtain the signature of the consumer on
the form and shall also sign and date the form at the time of purchase of an
animal by the consumer, and shall provide the consumer with a signed copy of
the form and retain a copy of the form on the pet shop premises.� Copies of all
such notices shall be readily available for inspection by an authorized
representative of the Division of Consumer Affairs, upon request.� No pet shop
owner or operator, or employee thereof, may construe or use the signed
notification form required pursuant to this subsection as an abdication of the
right to recourse provided for in subsection i., or as a selection of recourse
pursuant to subsection k. of this section.

���� g.��� The owner or operator of
a pet shop, or an employee thereof, shall have any animal that has been
examined more than 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 to the consumer
prior to the signing of any contract or agreement to purchase the animal and
the written waiver shall be in the form established by the director by
regulation.

���� h.��� 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 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 i. 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 i. 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 subsection f. of this section.� 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
subsection i. of this section.

���� i.���� 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 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.

���� j.���� The veterinarian shall
provide to the consumer in writing and within the seven 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.

���� k.��� Upon the presentation of
the veterinarian certification required in subsection j. of this section 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.

���� l.���� 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 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 the five 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 thereof, at a mutually
convenient time and place, except if the animal has died and was required to be
cremated for public health reasons.� 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.

���� m.�� Any owner or operator of
a pet shop, or employee thereof, shall be guilty of
[
a deceptive
]

an
unlawful
practice
and a violation of P.L.1960, c.39 (C.56:8-1 et seq.)

if the owner or operator, or employee thereof, secures or attempts to secure a
waiver of any of the provisions of this section except as specifically
authorized under subsection g. of this section.

���� n.��� 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 section 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.

���� o.��� 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 breeder of the animal in the advertisement so that this information is
easily legible to the consumer.

(cf: P.L.2015, c.7, s.2)

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires every
animal rescue organization facility, shelter, pound, and pet shop in the State
to establish an animal�s health, behavioral, and medical history prior to
offering the animal for adoption or sale, as applicable, by obtaining and retaining
records of:

���� (1)� a complete medical
examination by a State licensed veterinarian performed on the animal when the
animal is received by the animal rescue organization facility, shelter, or
pound and a subsequent medical examination no more than 14 days before the animal
is adopted;

���� (2)� a complete behavioral and
psychological assessment by a certified animal behaviorist, psychologist, or
trainer, including a safety and temperament certification verifying that the
animal does not appear to exhibit behavior or tendencies that would make the
animal dangerous or unsuitable for adoption; and

���� (3)� to the extent possible,
any information concerning the animal�s history, including any dangerous
behavior, illnesses, injuries, physical or behavioral abnormalities, history of
dangerous behavior, vaccinations received, number, type, and location of homes
the animal has had, the reasons the animal left its previous homes, any history
of biting, scratching, or attacking people or animals, or any other known
health, behavioral, or medical information that may cause concern for a person
adopting the animal.

���� The bill requires every animal
rescue organization facility, shelter, pound, and pet shop in the State to
disclose in writing any and all information obtained concerning the animal�s
history to any person considering adopting or purchasing the animal as a pet,
with an advisory notice that the records may be incomplete.� The bill also
requires the person adopting or purchasing the animal to sign a form verifying
that the written disclosure was provided.

���� Under the bill, it would be
an unlawful
practice and a violation of the State
consumer fraud law to fail to comply with the provisions of sections 1 or 2 of
the bill, or to post or describe behavioral information about an animal on the
Internet without evidence of that behavioral information.� In addition to the
penalties imposed for violating consumer fraud law, if the animal causes bodily
harm to, or death of, another animal or any person following the adoption or
sale of the animal, and the animal rescue organization, shelter, pound, or pet
shop, as applicable, failed to provide the safety and temperament certification
required under the bill or knowingly withheld any behavioral information
required to be disclosed under the bill, the animal rescue organization,
shelter, or pound would be liable for a penalty of five times the adoption fee
charged for the animal or a pet shop would be liable for a penalty of five
times the purchase price of the animal.

���� This bill is designated as
�Rocky�s Law� in honor of a domestic companion animal Rocky who lost his life
to a rescue animal that had mental health issues that were not disclosed at the
time of adoption.