Assembly Commerce, Economic Development and Agriculture Committee Statement, No. 4051 (December 16, 2024)

Summary

Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly Committee Substitute for Assembly, No. 4051, State of New Jersey, dated December 16, 2024. The committee adopts an Assembly Committee Substitute for Assembly Bill No. 4051, which repeals the “Pet Purchase Protection Act” and replaces it with a prohibition on the sale of cats, dogs, and rabbits by pet shops. The statement says the bill establishes a $1000 fine for each violation of the prohibition, and makes it an unlawful practice under State consumer fraud law for any breeder or broker to knowingly sell a cat or dog that is unfit for purchase. It says a pet shop may offer space, in collaboration with an animal rescue organization, shelter, or pound, to showcase cats, dogs, and rabbits available for adoption.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                         STATEMENT TO

     ASSEMBLY COMMITTEE SUBSTITUTE FOR
                     ASSEMBLY, No. 4051

       STATE OF NEW JERSEY
                        DATED: DECEMBER 16, 2024

          The Assembly Commerce, Economic Development and
      Agriculture Committee adopts an Assembly Committee Substitute for
      Assembly Bill No. 4051.
          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
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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.


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