Current through Register Vol. 56, No. 18, September 16, 2024
(a) Without
limiting the prosecution of any other practices which may be unlawful under
56:8-1 et seq., the following
acts, practices or omissions shall be deceptive practices in the conduct of the
business of a pet dealer:
1. To sell an animal
within the State of New Jersey without an animal history and health certificate
and without providing the consumer with a completed animal history and health
certificate. The animal history and health certificate shall be signed by the
pet dealer, his agent or employee, and shall contain the following information:
i. The animal's breed, sex, age, color, and
birth date;
ii. The name and
address of the person from whom the pet dealer purchased the animal;
iii. The breeder's name and address, and the
litter number of the animal;
iv.
The name and registration number of the animal's sire and dam;
v. The date the pet dealer took possession of
the animal;
vi. The date the animal
was shipped to the pet dealer, where such date is known by the
dealer;
vii. The date or dates on
which the animal was examined by a veterinarian licensed to practice in the
State of New Jersey, the name and address of such veterinarian, the findings
made and the treatment, if any, taken or given to the animal;
viii. A statement of all vaccinations and
inoculations administered to the animal, including the identity and quantity of
the vaccine or inoculum administered, the name and address of the person or
licensed veterinarian administering the same, and the date of administering the
vaccinations and inoculations; and
ix. A 10-point bold-face type warning in the
following form:
WARNING
The animal which you have purchased (check one) [] has [] has
not been previously vaccinated or inoculated. Vaccination or inoculation
neither guarantees good health nor assures absolute immunity against disease.
Examination by a veterinarian is essential at the earliest possible date to
enable your veterinarian to insure the good health of your
pet.
2. To fail
to maintain a copy of the animal history and health certificate signed by the
consumer for a period of one year following the date of sale and/or to fail to
permit inspection thereof by an authorized representative of the Division upon
two days' notice (exclusive of Saturday and Sunday).
3. To include in the animal history and
health certificate any false or misleading statement.
4. To directly or indirectly refer, promote,
suggest, recommend or advise that a consumer consult with, use, seek or obtain
the services of a licensed veterinarian unless the consumer is provided with
the names of not less than three licensed veterinarians of whom only one may be
the veterinarian retained by the pet dealer for its purposes.
5. To describe or promote the operation of
the business as a "kennel" unless the business operation falls within the
definition contained in
13:45A-12.1 or the operation of
the business as a "kennel" has been authorized by the issuance of a license
pursuant to
4:19-15.8. In the absence of
meeting such criteria, a pet dealer shall be considered to be engaged in the
operation of a "pet shop" and shall, where the name for the business operation
includes the word "kennel," indicate the following disclaimer in proximate
location to the name for the business operation in all promotional or
advertising activities:
"This business only engages in the operation of a pet
shop."
6. To use or employ
a name for the business operation which suggests or implies that such business
operation is engaged in or is associated with any organization which registers
or certifies the pedigree or lineage of animals and/or to represent, expressly
or by implication, approval by or affiliation with such organization, unless
the following disclaimer, as appropriate, appears in proximate location to the
name for the business operation:
"This business only engages in the operation of a pet
shop."
"This business only engages in the operation of a
kennel."
7. To state,
promise or represent, directly or indirectly, that an animal is registered with
an animal pedigree registry organization if such registration has not already
been accomplished or that an animal is capable of being so registered, followed
by a failure either to effect such registration or provide the consumer with
the documents necessary therefor 120 days following the date of sale of such
animal, if the animal has not already been returned to the pet dealer. In the
event that a pet dealer fails to effect registration or to provide the
necessary documents within 120 days following the date of sale, the consumer
shall, upon written notice to the pet dealer, be entitled to choose one of the
following options:
i. To return the animal and
to receive a refund of the purchase price plus sales tax; or
ii. To retain the animal and to receive a
partial refund of 75 percent of the purchase price plus sales tax.
8. A pet dealer's failure to
comply with the consumer's election pursuant to (a)7 above within 10 days of
written notice thereof shall be deemed a separate deceptive practice for
purposes of this section.
9. To
fail to display conspicuously on the business premises a sign not smaller than
22 inches by 18 inches which clearly states to the public in letters no less
than one inch high the following:
The sale of dogs and cats is subject to a regulation of the
New Jersey Division of Consumer Affairs. Read your animal history and health
certificate, the Statement of New Jersey Law Governing the Sale of Dogs and
Cats and your Contract. In the event of a complaint you may contact: Division
of Consumer Affairs, Post Office Box 45025, 124 Halsey Street, Newark, New
Jersey 07101. (201) 504-6200.
(b) It
shall be a deceptive practice within the meaning of this section for a pet
dealer to secure or attempt to secure a waiver of any of the provisions
contained in (a) above.
