Current through Register Vol. 56, No. 18, September 16, 2024
(a) Without limiting the prosecution of any
other practices that may be unlawful under 56:8-1
et seq., it shall
be a deceptive practice for a pet dealer to sell animals within the State of
New Jersey without complying with the following minimum standards relating to
the health of animals and fitness for sale and purchase:
1. A pet dealer shall have each animal
examined by a veterinarian licensed to practice in the State of New Jersey
prior to the sale of the animal. 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 each animal's history and health
certificate as required by
13:45A-12.2(a)1
vii.
2. A pet dealer shall label
and identify each cage as to the:
i. Sex and
breed of animal;
ii. Date and place
of birth of each animal; and
iii.
Name and address of the attending licensed New Jersey veterinarian and the date
of initial examination.
3. A pet dealer shall be required to
quarantine any animal diagnosed as suffering from a contagious or infectious
disease, illness or condition until such time as a licensed New Jersey
veterinarian determines that such animal is free from contagion or infection.
All animals requiring quarantining shall be placed in a quarantine area
separated from the general animal population.
4. A pet dealer shall be permitted to
inoculate and vaccinate animals prior to purchase only on the order of a
veterinarian licensed to practice in the State of New Jersey. A pet dealer,
however, shall be prohibited from representing, directly or indirectly, that he
is qualified to engage in or is engaging in, directly or indirectly, the
following activities: diagnosing, prognosing, treating, administering,
prescribing, operating on, manipulating or applying any apparatus or appliance
for disease, pain, deformity, defect, injury, wound or physical condition of
animals after purchase for the prevention of, or to test for, the presence of
any disease in such animals. 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.
5. A pet dealer shall have any animal which
has been examined more than 14 days prior to purchase reexamined by a licensed
New Jersey veterinarian for the purpose of disclosing its condition at the time
of purchase. Such examination shall take place within 72 hours of delivery of
the animal to the consumer unless the consumer waives this right to
reexamination in writing. The written waiver shall be in the following form and
a copy shall be given to the consumer prior to the signing of any contract or
agreement to purchase the animal:
KNOW YOUR RIGHTS
To ensure that healthy animals are sold in this State, New
Jersey law requires that a dog or cat be examined by a licensed New Jersey
veterinarian prior to its sale by a pet dealer and within 72 hours of the
delivery of the dog or cat to a consumer who has purchased the animal where the
initial examination took place more than 14 days prior to the date of purchase.
A pet dealer need not have the animal reexamined if you, the consumer, decide
that you do not want such a reexamination performed.
If you do not want a reexamination performed, please indicate
your decision below.
WAIVER OF REEXAMINATION RIGHT
I understand that I have the right to have my animal
reexamined within 72 hours of its delivery to me. I do not want to have such a
reexamination performed.
| ________________________ | _______________________ |
| Consumer's Name | Consumer's Signature |
| (Print) |
| _______________________ |
| Date |
| ________________________ | _______________________ |
| Pet Dealer's or Agent's Name (Indicate | Pet
Dealer's or Agent's Signature |
| Title or Position) (Print) |
| _______________________ |
| Date |
6. If at any
time within 14 days following the sale and delivery of an animal to a consumer,
a licensed veterinarian certifies such animal to be unfit for purchase due to a
non-congenital cause or condition or within six months certifies an animal to
be unfit for purchase due to a congenital or hereditary cause or condition, a
consumer shall have the right to elect one of the following options:
i. The right to return the animal and receive
a refund of the purchase price, including sales tax, plus reimbursement of the
veterinary fees incurred prior to the consumer's receipt of the veterinary
certification. The pet dealer's liability for veterinary fees under this option
shall not exceed two times the purchase price, including sales tax, of the
animal;
ii. The right to retain the
animal and to receive reimbursement for veterinary fees incurred prior to the
consumer's receipt of the veterinary certification, plus the future cost of
veterinary fees to be incurred in curing or attempting to cure the animal. The
pet dealer's liability under this option shall not exceed two times the
purchase price, including sales tax of the animal;
iii. 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 incurred prior to the consumer's receipt
of the veterinary certification. The pet dealer's liability for veterinary fees
under this option shall not exceed two times the purchase price, including
sales tax, of the animal;
iv. In
the event of the animal's death within 14 days of its delivery to the consumer
due to a non-congenital cause or condition, or within six months after delivery
to the consumer due to a congenital or hereditary cause or condition, except
where death occurs by accident or injury sustained during either period, the
right to receive a full refund of the purchase price plus sales tax for the
animal, or in exchange an animal of the consumer's choice of equivalent value,
plus reimbursement of veterinary fees incurred prior to the death of the
animal. The pet dealer's liability for veterinary fees under this option shall
not exceed two times the purchase price, including sales tax of the
animal.
7. The pet dealer
shall accept receipt of a veterinary certification of unfitness and an itemized
bill of all veterinary fees incurred prior to the consumer's receipt of the
veterinary certification of unfitness that have been delivered by the consumer
within 14 days following the consumer's receipt of the veterinary certification
of unfitness from the issuing veterinarian. The certification of unfitness
shall contain the following information:
i.
The name of the owner;
ii. The date
or dates of examination;
iii. The
breed, color, sex and age of the animal;
iv. A statement of the veterinarian's
findings;
v. A statement that the
veterinarian certifies the animal to be "unfit for purchase";
vi. An itemized statement of veterinary fees
incurred as of the date of the certification;
vii. Where the animal is curable, the
estimated fee to cure the animal;
viii. Where the animal has died, a statement
setting forth the probable cause of death; and
ix. The name and address of the certifying
veterinarian and the date of the certification.
8. It shall be the responsibility of the
consumer to obtain the veterinary certification of unfitness within the
required amount of time provided by (a)6 above, unless the pet dealer fails to
provide the notice required by (a)11 below. If the pet dealer fails to provide
the notice required by (a)11 below, the consumer shall be entitled to the
recourse provided for in (a)6 above.
9. When a consumer presents a veterinary
certification of unfitness to the pet dealer, the pet dealer shall confirm the
consumer's election in writing. The election shall be in the following form and
a copy shall be given to the consumer upon signing:
UNFITNESS OF ANIMAL - ELECTION OF OPTION
I understand that, upon delivery of my veterinarian's
certification of unfitness, I have the right to elect one of the following
options. I am aware of those options and I understand each of them. I have
chosen the following option:
[ ] 1. Return of my animal and receipt of a refund of the
purchase price, including sales tax for the animal, plus reimbursement of the
veterinary fees incurred prior to the date I received my veterinarian's
certification of unfitness. The reimbursement for veterinarian's fees shall not
exceed two times the purchase price including sales tax of my animal.
[ ] 2. Retention of my animal and reimbursement for the
veterinary fees incurred prior to the date I received my veterinarian's
certification of unfitness, plus the future cost to be incurred in curing or
attempting to cure my animal. The total reimbursement for veterinarian's fees
shall not exceed two times the purchase price including sales tax of my
animal.
[ ] 3. Return of my animal and receipt of an animal of my
choice of equivalent value in exchange plus reimbursement of veterinary fees
incurred prior to the date I received my veterinarian's certification of
unfitness. The reimbursement for veterinarian's fees shall not exceed two times
the purchase price including sales tax of my animal.
[ ] 4. DEATH OF ANIMAL ONLY. (check one) [ ] Receipt of a
full refund of the purchase price, including sales tax for the animal, or in
exchange an animal of my choice of equivalent value plus reimbursement of the
veterinary fees incurred prior to the death of the animal. The reimbursement
for veterinarian's fees shall not exceed two times the purchase price including
the sales tax of the animal.
| ________________________ | _______________________ |
| Consumer's Name | Consumer's Signature |
| (Print) |
| _______________________ |
| Date |
| ________________________ | _______________________ |
| Pet Dealer's or Agent's Name (Indicate | Pet
Dealer's or Agent's Signature |
| Title or Position) (Print) |
| _______________________ |
| Date |
10. A pet
dealer shall comply with the consumer's election as required by (a)7i through
iv above not later than 10 days following receipt of a veterinary
certification. In the event that a pet dealer wishes to contest a consumer's
election, he shall notify the consumer and the Director of the Division of
Consumer Affairs in writing within five days following the receipt of the
veterinarian's certification, and he may require the consumer to produce the
animal for examination by a veterinarian of the dealer's choice at a mutually
convenient time and place. The Director shall, upon receipt of such notice,
provide a hearing pursuant to the Administrative Procedure Act,
52:14B-1 et seq., and the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1, to determine why the option
elected by the consumer should not be allowed.
11. A pet dealer shall give the following
written notice to a consumer prior to the delivery of the animal. Such notice,
signed by both the pet dealer and the consumer, shall be embodied in a separate
document and shall state the following in 10 point boldface type:
KNOW YOUR RIGHTS--A STATEMENT OF NEW JERSEY LAW GOVERNING THE
SALE OF DOGS AND CATS
The sale of dogs and cats is subject to a regulation of the
New Jersey Division of Consumer Affairs. In the event that a licensed
veterinarian certifies your animal to be unfit for purchase within 14 days
following receipt of your animal or within six months in the case of a
congenital or hereditary cause or condition, you may:
i. Return your animal and receive a refund of
the purchase price including sales tax; or
ii. Keep your animal and attempt to cure it;
or
iii. Return your animal and
receive an animal of your choice of equivalent value.
Veterinary fees limited to two times the purchase price of
the animal, including sales tax, which were related to the condition rendering
the animal unfit for sale, must be paid by the dealer in the event that you
choose to keep the animal. If you choose to return the animal, veterinary fees
incurred prior to receipt of the veterinary certification, limited to two times
the purchaser price of the animal, including sales tax, which were related to
the condition rendering the animal unfit for sale, must be paid by the
dealer.
Further, in the event of your animal's death within this
14-day period, except when death occurs by accident or as a result of injuries
sustained after delivery, you may choose to receive either a full refund of the
purchase price, plus sales tax, or an animal of equivalent value. In addition,
veterinary fees, limited to two times the purchase price, including sales tax
must be paid by the pet dealer.
In order to exercise these rights, you must present to the
pet dealer a written veterinary certification that the animal is unfit for
purchase and an itemized bill of all veterinary fees incurred prior to your
receipt of the certification. Both of these items must be presented no later
than 14 days after you have received the certification of unfitness. In the
event that the pet dealer wishes to contest the certification or the bill, he
may request a hearing at the Division of Consumer Affairs. If the pet dealer
does not contest the matter, he must make the refund or reimbursement not later
than ten days after receiving the veterinary certification. Although your dog
or cat is required to be examined by a licensed veterinarian prior to sale,
symptoms of certain conditions may not appear until after sale. If your dog or
cat appears ill, you should have it examined by a licensed veterinarian of your
choice at the earliest possible time.
If the pet dealer has promised to register your animal or to
provide the necessary papers and fails to do so within the 120 days following
the date of sale, you are entitled to return the animal and receive a full
refund of the purchase price plus sales tax or to keep the animal and receive a
refund of 75 percent of the purchase price plus sales tax. In the event you
elect to keep the animal and the dealer provides the 75 percent refund, the
dealer is no longer obligated to register the animal or to provide the
necessary papers to do so.
12. A pet dealer shall maintain copies of all
notices required pursuant to (a)11 above signed by both the pet dealer and the
consumer, for at least one year from the date the notice was signed and shall
ensure that such notices are readily available for inspection, upon request, by
an authorized representative of the Division of Consumer Affairs.
13. 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 of this section except as specifically
authorized under (a)5 above.
