New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK
Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS
Section 2:8-8.7 - Actions on violations or other acts of cruelty
Universal Citation: NJ Admin Code 2:8-8.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following apply to minor violations:
1. Where the State
veterinarian, NJSPCA, county SPCAs, or other State or local government authority
determines that the person who has custody of, or is responsible for, and/or is the
owner of the domestic livestock has committed a minor violation of this chapter,
that official or authority shall:
i. Inform the
person having immediate custody of or responsibility for the domestic livestock in a
written warning of the provisions violated;
(1)
The initial notification may be in person, by telephone, fax, or email.
(2) If the initial notice is not in writing, the
investigating authority shall, within 24 hours of the finding that the minor
violation has occurred, serve on the person or mail to the person's last known
address, a written notification of the findings of the inspection, of the standard
of statutes violated or other acts of cruelty.
(3) Either of these notifications, if in writing,
shall constitute the written warning of the offense in those cases where required by
4:22-16.1.
ii. If the inspection is conducted by the State
veterinarian, the written notice will also include corrective measures which must be
taken to achieve compliance with the standards contained in N.J.A.C. 2:8-2,
including the amount of time allowed to take corrective measures;
iii. The NJSPCA, county SPCAs and other State and
local authorities are encouraged to consult with the State veterinarian to determine
appropriate corrective measures and the amount of time necessary for same;
and
iv. Advise other authorities of the
action taken.
2. If the
person who has custody of, or is responsible for, and/or is the owner of the
domestic livestock, after receiving notice of violation under this section, fails to
cure the violation within a reasonable time, the State veterinarian, NJSPCA, county
SPCAs or other State or local authority may determine that the person is in
continuing violation of this chapter, and initiate enforcement of these standards as
provided by 4:22-15 et seq.
3. For subsequent minor violations, no written
warning need be provided.
(b) The following apply to severe violations:
1. Where
the State veterinarian, NJSPCA, county SPCA or other State or local authority
determines that the person who has custody of, or is responsible for, and/or the
owner of the domestic livestock has committed a severe violation of this rule, that
official or authority shall initiate enforcement or penalty proceedings pursuant to
4:22-15 et seq.
2. Where severe violations of these standards are
continuing, the NJSPCA, county SPCAs or other State or local authority may:
i. Take any steps authorized by
4:22-15 et seq. to assure that the
animal is cared for appropriately including, but not limited to, feeding, watering,
providing medical care, euthanasia and disposal; and
ii. Bring an action in a court of competent
jurisdiction to allow it to confiscate the domestic livestock from the person as
allowed by 4:22-26.1.
3. Where the State veterinarian determines that a
severe violation is continuing, he or she shall request the SPCA, ACO or other State
or local authority to take the actions identified in (b)2i and ii above.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
