STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

NEW JERSEY (Trade Names, Trade-Marks And Unfair Trade Practices – Frauds, Etc., In Sales Or Advertisements Or Merchandise) §56:8-95 Noncompliance by pet shop considered deceptive practice

1999

It is a deceptive practice for an owner or operator of a pet shop (or a pet shop employee) to sell animals without complying with this statute.

Within 5 days prior to offering an animal for sale, pet shop must have animal examined by a vet. The name and address of the examining vet and his/her findings and the treatment ordered must be noted on the animal history and health certificate for each animal. If 14 days have passed since the last exam, the animal must be reexamined by a vet.

Each cage must have a label identifying the sex, breed, date and place of birth, the name and address of the vet, and the date of the initial exam of the animal.

Any animal diagnosed as suffering from a contagious disease or condition must be quarantined and not sold until a vet treats the animal and determines that the animal is free of clinical signs of infectious disease or fit for sale. These animals must be separated from the general animal population.

Pet shop owners, operators, or employees may vaccinate animals prior to purchase only on the order of a vet. 

The Director of the Division of Consumer Affairs must provide each owner or operator of a pet shop with notification forms that must be signed by the pet shop and the consumer at the time of sale.  [See the statute for details regarding these notice forms.]

The shop must provide the consumer with a signed copy of the notice form and retain a copy. Copies must be readily available for inspection by the Division of Consumer Affairs.  (Note:  The statute prohibits pet shops from using the signed form as an abdication of the right to recourse, or as a selection of recourse.)

Requires the shop to have an animal that has been examined more than 14 days prior to purchase reexamined by a vet within 72 hours of delivery to consumer.  This reexamination will disclose the animal’s condition.  Exception:  If the consumer has waived the right to reexamination in writing.  (The shop must provide a copy of the written waiver to the consumer prior to the signing of any agreement to purchase the animal and the written waiver must be in the form established by the director.)

Any owner or operator of a pet shop (or pet shop employee) is guilty of a deceptive practice if he/she secures (or attempts to secure) a waiver of these rights.

Consumer is entitled to recourse if:

·         at any time within 14 days after sale and delivery, the animal becomes sick or dies and a vet certifies (within the 14 days) that the animal is unfit for purchase due to a non-congenital cause or condition;

·         at any time within 14 days after sale and delivery, the animal becomes sick or dies and a vet certifies (within 14 days) that the animal died from causes other than an accident; or

·         if the animal becomes sick or dies within 180 days after the date of purchase and a vet certifies (within the 180 days) that the animal is unfit for sale due to a congenital condition, or a sickness brought on by a congenital condition, or died from such a condition.

It is the responsibility of the consumer to obtain the vet certification (unless the shop fails to provide the required notice).  If no notice, then consumer entitled to recourse.

The consumer can select from the following recourse:

·         The right to return the animal and receive a refund (including tax) plus reimbursement of vet fees;

·         The right to retain the animal and receive reimbursement for past and future vet fees to cure (or attempt to cure) the animal;

·         The right to return the animal and obtain another animal of the consumer's choice (of equal value) plus reimbursement of vet fees; or

·         If the animal died (non-accidentally), the right to a refund (including tax) or another animal of the consumer's choice (of equal value) plus reimbursement of vet fees.

Maximum reimbursement for vet fees is 2x the purchase price (including tax).

The vet must provide the certification within 7 days after the consumer consults with the vet.  The certification must include:

·         The name of the owner;

·         Dates of exam;

·         Breed, color, sex and age;

·         Statement of findings;

·         Statement certifying animal to be "unfit for purchase";

·         Itemized statement of fees;

·         If animal may be curable, an estimate of the cost;

·         If animal has died, a statement establishing probable cause of death; and

·         Vet’s name and address and the date of certification.

On presentation of certification, consumer must select recourse and shop must confirm in writing.  This must be signed by both parties with copies retained by each.

The shop has 10 days to comply with recourse.  To contest the recourse selection, the shop must notify consumer and director in writing within 5 days after receipt of certification and signed confirmation.  The shop may require consumer to produce animal for exam by a vet (exception: if animal has died and was required to be cremated). The director must hold a hearing to determine whether the recourse selected should be allowed. The consumer and shop can appeal decision.

(Trade Names, Trade-Marks And Unfair Trade Practices – Frauds, Etc., In Sales Or Advertisements Or Merchandise) §56:8-96 Certification from veterinarian, recourse

1999

Allows a consumer who purchases an animal from a pet shop (if the animal becomes sick or dies after the date of purchase) to:

·         take the animal to a vet within the period of time stated in the notification form provided at purchase;

·         receive certification from the vet of the health and condition of the animal; and

·         pursue recourse (see §56:8-95).

After receiving the vet certification, consumer may report the shop to the local health authority and the Division of Consumer Affairs.  Consumer must provide a copy of the vet certificate with the report. The director must forward the report to the local health authority. The authority must record and retain records of the report and documentation.

These requirements must be posted in a prominent place in each pet shop along with the name, address and telephone number of the local health authority.  These requirements also must be provided in writing at the time of purchase to each consumer and to each vet contracted to provide services to a pet shop.

The authority must annually review files it has concerning such reports and recommend the revocation of the license of any pet shop where:

·         15% of animals sold in a year were certified unfit for purchase due to hereditary condition, or a sickness brought on by a hereditary condition;

·         25% of the animals sold in a year were certified unfit for purchase due to a non-congenital cause or condition;

·         10% of the animals sold in a year died and were certified to have died from a non-congenital cause or condition; or

·         5% of the animals sold in a year died and were certified to have died from a hereditary condition, or a sickness brought on by a hereditary condition.

The authority must review any files it has and recommend a 90-day suspension of the license of any pet shop where:

·         10% of animals sold in a year were certified to be unfit for purchase due to hereditary condition, or a sickness brought on by a hereditary condition;

·         15% of animals sold in a year were certified to be unfit for purchase due to a non-congenital cause or condition;

·         5% of animals sold in a year died and were certified to have died from a non-congenital cause or condition; or

·         3% of animals sold in a year died and were certified to have died from a hereditary condition, or a sickness brought on by a hereditary condition.

The local authority, in consultation with the state Department of Health and Senior Services, will provide the opportunity for a hearing to the shop. The municipality may suspend or revoke the license after the hearing. The hearing will determine if the shop:

·         failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody; or

·         sold a substantial number of animals that the shop knew (or should have known) to be unfit for purchase.

 

The Director of Consumer Affairs will enforce and investigate reports by consumers.