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

Summary

An Assembly Commerce, Economic Development and Agriculture Committee statement to the Assembly Committee Substitute for Assembly, No. 4051, State of New Jersey, dated December 16, 2024, in which the committee adopts the substitute. The bill repeals the "Pet Purchase Protection Act" and replaces it with a prohibition on the sale of cats, dogs and rabbits by pet shops, with a $1000 fine for each violation. It makes it an unlawful practice under State consumer fraud law for a breeder or broker to knowingly sell a cat or dog "unfit for purchase," and treats death within 14 days of delivery, other than by accident or injury, as showing the animal was unfit. Pet shops may showcase animals for adoption with rescue organizations, shelters or pounds if no compensation is exchanged.

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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 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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