During the first week of February 2015, Governor Christie signed Senate Bill 1870 into law as the “Pet Purchase Protection Act” The act had previously found universal support in the State Assembly and Senate. The Act will take force by amending Section 2 of P.L.1999, c.336 (C.56:8-93) which regulates the sale of pets in New Jersey.

Animal welfare advocates have touted this bill as setting forth the toughest regulatory standards in the nation. The law is expected to improve the welfare of pets bred and sold in the state and helps to ensure that New Jersey families are able to obtain pets that are in good health, have been appropriately cared for, and do not need expensive medical procedures shortly after purchase. However for pet store owners, dog and breeders, animal brokers, pet sellers and anyone involved in the industry these requirements will impose new regulatory hurdles and burdens. Failure to comply with the amended law may subject the individual or business to fines, penalties, business license revocation, and other penalties.

What does the statute require covered businesses to do?

The statute sets forth a number of duties and responsibilities that that pet store owners and others must adhere to that are intended to give con consumers greater rights and recourse. Covered individuals and businesses include:

• Pet dealers
• Anyone engaged in the public sale of dogs and cats on a for-profit basis
• Anyone who sells more than 5 dogs or cats in a single year
• Pet shops meaning any place of business where animals are displayed and sold for purposes of appreciation or companionship

One aspect of the new law is that it stores and other covered sellers are prohibited from obtaining animals from breeders who are not in compliance with state and federal animal care and welfare laws.

Furthermore, these covered businesses must adhere to certain processes and procedure prior to offering an animal for sale. For example, under the statute pet shops and other covered businesses must have the animal examined by a veterinarian licensed to practice in New Jersey no more than 5 days before the animal is offered for sale. Furthermore, the shop must display the name address of the examining veterinarian along with his or her diagnosis, findings and any treatment ordered. IF the animal is still of sale and more than 14 days have passed, the animal must be reexamined within 72 hours of delivery. Those engaged in selling pets to the public must also furnish records containing a complete history for each and every animal sold.

Other provisions and regulations in the bill include recourse rights for a consumer who purchases an animal that turns out to sick or diseased. A consumer may, within 14 days of sale and delivery, have a licensed veterinarian examine and certify the animal as being “unfit for purchase” for non-congenital conditions. For congenital conditions, a 6 month time period applies. The consumer may elect to keep the animal and be reimbursed for veterinary fees already expended and future medical costs not to exceed the purchase price of the animal. Otherwise, the consumer has a right to return the animal and be reimbursed for most past medical expenses. Similarly, if a pet dies within 14 days of delivery, and the death is not due to an accident or physical injury, the consumer will be entitled to a full refund in the amount paid for the animal and other medical costs. In short, the sale of an animal in contravention of the regulatory structure can end up costing your business significant sums of money through litigation or administrative enforcement action and may lead to other harsh consequences.

Will NJ Consumer Affairs pursue non-complaint businesses in the state?

New Jersey’s Division of Consumer Affairs has filed lawsuits against pet stores and breeders who have been consistently non-compliant with the regulatory regime. A 2011 lawsuit filed by the Division sought a restraining order that would prohibit the owners of a particularly non-compliant business from purchasing, selling, offering for sale or transferring any animals. Furthermore the order sought to prohibit the business owners from disposing of business records or transferring or selling any business assets. In light of the new legislation that provides additional regulatory tools, one could reasonably expect the state to engage in an enforcement push to showcase the law that many describe as the toughest in the nation.

Rely on the business attorneys of The Jayson Law Group for your regulatory concerns

If your business is concerned regarding the new changes to the law or if a different regulatory issue is of concern, the experienced commercial lawyers of The Jayson Law Group can analyze your situation and provide actionable legal advice.  To discuss you concerns, call (908) 258-0621 or contact us online.