New Jersey § 56:8-95

§ 56:8-95.

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, 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 practice for any owner or

operator of a pet shop, or employee thereof, to sell animals within 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 ) . 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 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 practice 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.