Pet therapy programs have been expanding throughout the country, based largely on the increasing recognition that humans benefit from the human-animal bond.  The human-animal bond is defined by the American Veterinary Medical Association as:

a mutually beneficial and dynamic relationship between people and animals that is influenced by behaviors that are essential to the health and well-being of both. This includes, but is not limited to, emotional, psychological, and physical interactions of people, animals, and the environment.

While the IRS, in (PLR 201719018), has recently ruled “that a charity’s planned pet therapy program, which would bring trained therapy dogs to visit hospital patients and elderly nursing home residents, furthers charitable purposes under Section 501(c)(3),” that ruling does not consider or even mention public health concerns related to such programs.

“In support of its ruling, the IRS cited revenue rulings concluding that providing services to hospital patients and other individuals suffering distress in an effort to east that distress and provide them comfort furthers charitable purposes . . . [and] that activities designed to meet the special needs of the elderly may further charitable purposes.”  See Pet therapy program is a Section 501(c)(3) charitable activity, IRS rules (citations omitted).

However, no matter how well intended and “charitable” these programs are, there are serious potential public health risks from exposure of elderly, sick, immunocompromised patients to zoonotic diseases that pets can carry and transmit.  See, e.g., “Diseases you can share with your pets” previously discussed.

Those in the veterinary community understand these risks, as noted by Dr. Lucas Pantaleon, stating, the “[r]isk of zoonoses also arises with therapy dogs in human hospitals. The dogs go through screening but could bring zoonoses from the hospital back into the community.”  See “Speaker: Animal hospitals must practice infection control” reported by Katie Burns, June 1, 2017.

Researchers at Tufts University recently published the results of a “survey of United States hospitals, eldercare facilities and therapy animal organizations revealed their health and safety policies for therapy animal visits varied widely, with many not following recommended guidelines for animal visitation.”  See, “Could Therapy Animal Visitation Pose Health Risks at Patient Facilities?”, June 19, 2017.

The survey included “responses from 45 eldercare facilities, 45 hospitals, and 27 therapy animal organizations across the country on their existing policies related to animal health and behavioral prerequisites for therapy animals and Animal-assisted intervention (‘AAI’) programs.”

Alarmingly, researchers found that many programs had deficient preventive guidelines to at least minimize the potential exposure of zoonotic pathogens from pets to people, finding:

AAI programs have a potential risk of transmission of zoonotic disease—diseases spread between animals and people. This risk is especially high when health, grooming and handwashing protocols are not carefully used. Another potential risk could come from therapy animals eating raw meat-based diets or treats, which are at high risk of being contaminated with bacteria such as Campylobacter, Salmonella and Cryptosporidium. These pathogens may pose risks to both humans and animals, and especially immunocompromised patients.

Zoonotic disease transmission has also been reported in people contracting salmonella from backyard poultry, where almost one third of the 790 victims confirmed by the Centers for Disease Control and Prevention “are children younger than 5 years old.”  See “Salmonella victims from backyard flocks more than double,” Food Safety News, July 14, 2017.

The human-animal bond benefits both people and animals, especially the elderly and children, and should be encouraged.  However, proper protocols and controls should be in place to keep everyone healthy.

 

Horses in New Jersey are highly regarded.  When designating the horse as New Jersey’s state animal in 1977 Governor Bryne said: “The founding fathers of our state thought so highly of the horse that they included it in our state seal.”

In New Jersey, as specified in the Humane Standards, equine rescue operations must provide care “consistent with the “AAEP Care Guidelines for Equine Rescue and Retirement Facilities” or “Equine Rescue and Facility Guidelines, UC Davis.”  N.J.A.C. §2:8-3.6.

Both resources provide comprehensive

guidelines to help ensure that horses maintained within equine sanctuaries and rescue farms receive adequate and proper care.  The guidelines . . . address all issues related to sanctuary management and operations.  They provide information on proper facility design construction and maintenance, suggestions for management and financial organization and instructions on the proper husbandry practices and health care necessary to ensure the successful operations of all types of sanctuary and rescue facilities.

The first section of the UC Davis Guidelines is titled “Operation Business and Financial Plan” emphasizing the importance proper planning and financial support, noting:

The failure rate among animal sanctuaries of all types within the United States is known to be very high, with an average lifespan estimated to be around 3 years and a failure rate in excess of 70% for those facilities that do not own the land being utilized for their operation.  Most of these failures can be attributed to one of two causes; the financial collapse of the entity due to poor business planning and/or practices, or the lack of a defined plan of succession for key management personnel.

AAEP’s Guidelines include the following chapters:

Chapter I: Basic Health Management

Chapter II: Nutrition

Chapter III: Basic Hoof Care

Chapter IV: Caring for the Geriatric Horse

Chapter V: Shelter, Stalls & Horse Facilities

Chapter VI: Pastures, Paddocks & Fencing

Chapter VII: Euthanasia

Chapter VIII: The Bottom Line: Welfare of the Horse.

The importance of caring for new horses entering a rescue facility should include a complete physical examination, a method of identification, the establishment of a medical record, proper nutritional assessments and preventive medical care.  Special attention to the nutritional needs of previously starving horses is critical, and recommendations include oversight by veterinarians and veterinary nutritionists to ensure that the appropriate type, amount and frequency of feeding is provided.

If horses are provided too much feed too quickly after starvation, death can ensue.  According to UC Davis “[t]he ‘refeeding syndrome’ has been reported in horses with abrupt refeeding of concentrated calories causing death in 3 days.”

Despite these requirements, there is no indication that there is sufficient oversight in New Jersey over equine rescue facilities.

The State permits but does not require registration of animal rescue organizations and facilities.

4:19-15.33  Registry of animal rescue organizations, facilities
a. The Department of Health shall establish a registry of animal rescue organizations and their facilities in the State.  Any animal rescue organization may voluntarily participate in the registry.

b.The department, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt any rules and regulations determined necessary to implement the voluntary registry and coordinate its use with the provisions of P.L.2011, c.142 (C.4:19-15.30 et al.) and section 16 of P.L.1941, c.151 (C.4:19-15.16).

Of the 74 registered rescues as of March 16, 2017, none appear to be equine rescue facilities.

Historically, when large numbers of horses in the state have been the subject of animal cruelty investigations, their care has been improperly supervised.

Recent events reveal that nothing has changed.

It is time that the State, with its depth of talented, experienced equine practitioners, animal scientists and veterinary nutritionists at Rutgers University and Centenary College, and the Certified Livestock Inspectors at the NJDA-Division of Animal Health, take a hard look at the current state of affairs for horses in need of care in the Garden State.

Like many other animal-related businesses universities, researchers, pharmaceutical companies, their suppliers, associated businesses and non-profit trade associations, are facing increasing scrutiny by the public who seemingly object to the use of animals in research, even though research benefits animals as well as humans.

To address these issues and concerns head on, the New Jersey Association of Biomedical Research recently hosted one of the most significant efforts to promote biomedical research advocacy, the “Biomedical Research Summit,” presented by Bristol-Myers Squibb, also sponsored by Covance, Charles River Laboratories, s-tune software, Inc., Marshall BioResources, and Allentown, Inc. 

Representatives from interested state and national advocacy and professional organizations who are involved in the lab animal research community, as well as representatives from research institutions, including pharmaceuticals, academia and CRSOs, to find common ground and come together on key issues.

Vice-Chair of the NJABR Board of Directors, Laura Conour, DVM, DACLAM facilitated the discussions during the two-day event, encouraging participants to

find ways to enhance the public’s understanding of the critical work undertaken by the biomedical research community and to provide a strong support network for all members in our community, regardless of geography.

The Summit was a huge success, bringing together not only the biomedical research community but also other animal-related sectors under similar attack by animal rights activists.

The following needs and gaps identified include:

  1. A centralized approach for advocacy of biomedical research;
  2. A compelling, consistent, proactive national communication plan;
  3. A comprehensive and effective education effort to address society’s negative perception and lack of understanding about animal research;
  4. There is a lack of an organized and cohesive advocacy effort;
  5. There is a lack of a constituency (a group that support or offers authority and representation) interconnecting with all stakeholders to create a larger network of interests to build and establish effective education efforts; and
  6. Resources are needed to effectuate these goals.

The future of biomedical research advocacy requires a coalescence of all those involved with the humane use of animals for human and animal benefits to educate the public about, not only the necessity of animal use, but also that the animals are treated humanely, and with the understanding that as science advances, the treatment of animals is always evolving to ensure that animals are treated humanely.

Others in the global biomedical research community have launched campaigns in the U.S. and overseas to increase transparency and public education about the special care animals receive in research as well as the incredible importance of their contribution to animal and human health.  For example, as previously discussed, Americans for Medical Progress launched a virtual website “Come See Our World,” where visitors learn about the important role animals play in medical progress.  

Also, the non-profit “Understanding Animal Research” launched a new online tool that allows anyone interested to visit four research facilities in the U.K., through digital video tours.  Participating facilities include the MRC Harwell Institute, The Pirbright Institute, the University of Bristol, and the University of Oxford. 

Understanding Animal Research explains:

why animals are used in medical and scientific research. We aim to achieve a broad understanding of the humane use of animals in medical, veterinary, scientific and environmental research in the UK. We are funded by our members who include universities, professional societies, industry and charities.

 In addition to the virtual lab tours, Understanding Animal Research hosts another website “Concordat on Openness on Animal Research” for “Universities, charities, commercial companies, research councils, umbrella bodies and learned societies [that] have all committed to help the public understand more about animal research.”

Stay tuned for more information about these important developments.

A proposed bill “authorizing the provision of health care services through telemedicine and telehealth” (S291) is now on the desk of the Governor of New Jersey for action.

The bill, which authorizes “the provision of health care services through telemedicine and telehealth” governs such services provided by veterinarians, as “[h]ealth care providers,” fails to acknowledge or provide for issues specific to veterinary medicine.  For example, several provisions require the “patient’s request” before providing health care services through telemedicine.  Clearly animal patients cannot request treatment or provide consent.  The bill fails to distinguish a “patient” from a “client” or “animal owner” or to permit such services at the request of a client/owner for the patient which is the fundamental way in which services are provided in a veterinary practice.

The bill also requires “[e]ach telemedicine or telehealth organization operating in the State . . . [to] annually register with the Department of Health” and submit an annual report providing

the total number of telemedicine and telehealth encounters conducted; the type of technology utilized to provide services using telemedicine or telehealth; the category of medical condition for which services were sought; the geographic region of the patient and the provider; the patient’s age and sex; and any prescriptions issued.  The commissioner may require the reporting of any additional information as the commissioner deems necessary and appropriate, subject to all applicable State and federal laws, rules, and regulations for recordkeeping and privacy.

Such information would be publicly accessible pursuant to the State’s Open Public Records Act, which may be of concern to biomedical research entities since reported information can reveal confidential information and trade secrets.

That said, the evolution of veterinary medicine necessarily involves telemedicine.  The American Veterinary Medical Association (AVMA ) acknowledges as much in its published “Final Report on Telemedicine” dated Jan. 13, 2017, drafted by the association’s Practice Advisory Panel (AP).

The AP concluded, in part:

Telemedicine is a tool of practice, not a separate discipline within the profession. The AP recognizes that using telemedicine in the delivery of veterinary medical services offers benefits to animal owners, animal patents, and the profession itself. The appropriate application of telemedicine can enhance animal care by facilitating communication, diagnostics, treatments, client education, scheduling, and other tasks within the veterinary profession. Practitioners must apply existing laws and regulations to the provision of telemedicine services in the state they have license to practice veterinary medicine.

The AP recommends that telemedicine shall only be conducted within an existing VCPR [veterinarian client patient relationship], with the exception for advice given in an emergency care situation until that patient(s) can be seen by or transported to a veterinarian. Without a VCPR, telemedicine should not be practiced, and any advice given should remain in general terms, not specific to an individual animal, diagnosis, treatment, etc.

AVMA’s Greg Cima outlined the issues involving telemedicine in “Defining relationships: AVMA considering what medical services can be provided at a distance” posted on May 10, 2017.

At issue is the line between advice and the practice of veterinary medicine, the very issue-in-suit in Hines v. Alldredge, 783 F.3d 197 (5th Cir. 2015) where “a Texas veterinarian . . . was found to have violated the state practice act by performing veterinary medicine without a physical examination or premises visit” when he provided advice via the internet.”

With the decreasing numbers of food animal practitioners across the country, issues of telemedicine will be increasingly important to ensure that livestock receive appropriate and timely medical care.

Companion and other animals will also benefit from the proper use of telemedicine by veterinarians, after the veterinarian-client-patient relationship has been established.

You have probably heard of the decision by the First Judicial Department’s Appellate’s Division upholding the lower courts’ decision not to sign orders to show cause seeking the transfer of chimpanzees from one form of captivity to another, under the rejected narrative that writs of habeas corpus should be applied to the chimps because they are allegedly “persons.”

Citing to and relying on the amicus brief filed by Pepperdine Law Professor Richard Cupp, the Court held that animals are not legal persons because they are unable to fulfill legal duties, or to be held legally accountable for their actions.  The Court described and rejected petitioner’s repeated attempts to have courts grant “personhood status” to chimpanzees.

Petitioner has filed four identical petitions in four separate state courts in four different counties in New York. Each petition was accompanied by virtually the same affidavits, all attesting to the fact that chimpanzees are intelligent, and have the ability to be trained by humans to be obedient to rules, and to fulfill certain duties and responsibilities. Petitioner has failed to present any new information or new ground not previously considered. The “new” expert testimony presented by petitioner continues to support its basic position that chimpanzees exhibit many of the same social, cognitive and linguistic capabilities as humans and therefore should be afforded some of the same fundamental rights as humans.

Interestingly, the NonHuman Right’s Project (NhRP) describes the chimpanzees for whom they filed petitions―Tommy, Hercules, Leo, and Kiko―as “clients.” 

This is curious, since, according to New York State’s Rules of Professional Conduct  (yes there are ethical standards for attorneys) there are a number of provisions that call into question whether these chimpanzees should be considered “clients.”

For example, Rule 1.4 requires a lawyer to inform their client of “any decision or circumstance with respect to which the client’s informed consent . . . is required.”  Did or could the chimpanzee “clients” provide informed consent to NhRP to file the petitions?

Also, Rule 1.7 (Conflict of Interest: Current Clients) states in relevant part:

a lawyer shall not represent a client if a reasonable lawyer would conclude that . . . there is a significant risk that the lawyer’s professional judgment on behalf of a client will be adversely affected by the lawyer’s own financial business, property or other personal interests.

Does the NhRP’s interest in and requests for donations related to these petitions affect the lawyers’ professional judgment related to these petitions?

Rule 7.1 provides:

A lawyer or law firm shall not use or disseminate or participate in the use or dissemination of any advertisement that: contains statements or claims that are false, deceptive or misleading . . . [where] such an advertisement may include information as to . . . (2) names of clients regularly represented, provided that the client has given prior written consent . . .

The NhRP advertises the names of four chimpanzees as their “clients.”  There is no indication on the website that the chimpanzees― Tommy, Hercules, Leo, or Kiko―provided written consent for this purpose (nor would it have been possible for them to do so).

It is clear that NhRP believes passionately in its mission statement, to “work for the recognition and protection of fundamental rights for nonhuman animals,” but perhaps they should be more careful about their use of words, like “clients.”

Words matter.

The U.S. Food & Drug Administration (FDA) regulates cancer drugs and devices, both for use by humans and pets. Such drugs and devices must obtain FDA approval or clearance before they can be marketed or sold to consumers, so that the FDA can ensure each product is safe and effective for its intended use.

Cancer treatment
Copyright: tashatuvango / 123RF Stock Photo

The FDA is concerned about the marketing and selling of products that have not been approved, particularly because such products may contain dangerous ingredients or may cause harm by negatively impacting beneficial treatments. Often such products are advertised as “natural” or are labeled as a dietary supplement, which may be a tip-off to consumers that the products have not been approved by the FDA.

We invite you to read Fox associate Elizabeth Patton’s post describing the agency’s recent efforts to combat these fraudulent advertising claims. For additional information and guidance regarding FDA-approved drugs for cancer in dogs specifically, see the FDA’s Consumer Update page.

With little fanfare, Connecticut adopted a law authorizing a “separate advocate be appointed to represent the interests of justice” in certain animal cruelty cases involving the “welfare or custody of a cat or dog.”  While there was some concern raised by AKC and other associations before its adoption, the potential impact of this law did not hit home until recently, when a Connecticut court first heard from advocates appointed in a case involving alleged dog fighting, as reported by NPR.

According to Laurel Wamsley, NPR, the law “provide[s] animals with court-appointed advocates to represent them in abuse and cruelty cases, similar to laws that provide for victim’s or children’s advocates.”

Despite that representation, the law is not similar to others providing for representation of children.  In fact, the “Animal Advocat”e law provides only for advocates to “represent the interests of justice” not animals.

In stark contrast, Connecticut’s laws providing for representation of children includes specific language related thereto.

For example, the terms “Guardian ad Litem” and “Attorney for the Child” include specific language directing the advocate to “ensure that the child’s best interests are represented” or to “argue on behalf of his or her client,” respectively.  See In Representing Minors in Connecticut, Judicial Branch, State of Connecticut, 2016,

Guardian ad Litem (GAL) · ‘A guardian ad litem, often referred to as a GAL, is an individual the court appoints, either upon motion of a party or when the court determines a GAL is necessary. The court will consider the appointment of a GAL if the parties are unable to resolve a parenting or child related dispute. In such event, the court appoints a GAL to ensure the child’s best interests are represented during the course of the parties’ dispute. The GAL’s role is different from that of an Attorney for a Minor Child (AMC). The GAL represents the child’s best interests while the AMC represents the child’s legal interests and supports the child’s best interests.’ ‘Guardian Ad Litem or Attorney for Minor Child in Family Matters,’ Judicial Branch publication JDP-FM-224 (New 6/14). · ‘Typically, the child’s attorney is an advocate for the child, while the guardian ad litem is the representative of the child’s best interests.’ Newman v. Newman, 235 Conn. 82, 96, 663 A.2d 980 (1995).

Attorney for the Child  ‘… the attorney for the child is just that, an attorney arguing on behalf of his or her client, based on the evidence in the case and the applicable law.’ Ireland v. Ireland, 246 Conn. 413, 438, 717 A.2d 986 (1998).  ‘The primary role of any counsel for the child shall be to advocate for the child in accordance with the Rules of Professional Conduct, except that if the child is incapable of expressing the child’s wishes to the child’s counsel because of age or other incapacity, the counsel for the child shall advocate for the best interests of the child.’  Conn. Gen. Stat. § 46b-129a(2)(C).

Legislators in Connecticut could have adopted similar language for cats and dogs but chose not to.

Connecticut’s law is therefore apparently significantly different from a law in Zurich, Switzerland, where an attorney was appointed for four years to represent animals in court, according to Leo Hickman of theguardian.

A referendum to extend that law throughout Switzerland was soundly defeated.

Protecting animals from cruelty has been a long-standing commitment in this country as reflected in the animal cruelty statutes passed in every state.  Animal cruelty cases can benefit from expert review, reporting and testimony, which should include veterinary review.  To the extent that the Connecticut law can provide that expertise, it can be a benefit all parties-seeking truth and justice.

American for Medical Progress (AMP),[1] “a nonprofit organization dedicated to protecting society’s investment in biomedical research,” just launched an important new educational tool for the public to see and understand the truth behind modern animal research.  “Come See Our World”  is a digital invitation into the world of “essential animal research,” that provides all those interested and concerned a behind-the-scenes glimpse into world of animal research, with a front seat to view the care that research animals receive.  Without this important research, medical advances in human and animal health would not be possible.

AMP invites you to “[j]oin us for a journey into our world of medical progress and discover the animals that help save lives,” including the following examples:

Mice have long been a model for human disease. Zebrafish provide insights into embryological development as well as human disease.  Dogs and Pigs were integral in the development of insulin treatments for diabetics.  Sheep have provided life-saving advancements for those with cardiovascular disease.  People with diseases like cancer and AIDS now have hope because of research with nonhuman primates. Our pets live long healthy lives thanks to vaccinations and many of the same treatments developed for humans.

From rodents, to primates, dogs and cats, farm animals, aquatic and other animals, this website provides more than pictures of well-cared for animals, it also educates the reader about what each animal contributes to the health of others-humans and animals alike.

I encourage you to visit the website and recognize the heroes these animals have been and continue to be.

[1] The author serves on the Board of Directors of AMP.

Today, lawmakers in Trenton, New Jersey did not have the opportunity to reject an attempted override to Governor Christie’s condition veto of Senator Lesniak’s so-called “puppy mill bill,” one of more than 200 similar laws nationwide orchestrated by the Humane Society of the United States and other animal rights groups opposed to anyone who makes money breeding, raising and selling animals.  The bill, as previously discussed, was chock-full of constitutional violations, that were mostly―but not completely ―cured by the Governor’s veto.

Lesniak, without sufficient votes to override the veto, pulled the bill before the vote.  In a tweet Lesniak published afterward, he said “I held the bill so I can attempt another override at any future Senate meeting until January 10, 2018.” He also posted the names of the Senators who did not support his effort.

Around the same time, ordinances in Morristown and Jersey City to ban USDA licensed breeders from sales to pet stores were considered.  Jersey City voted to reject the ordinance, Morristown did not take action.  Brian Hackett, the Human Society of the United States’s New Jersey Director told the Jersey City Council that all pet stores in New Jersey are purchasing all their puppies from puppy mills since the state limits their sources to USDA licensed breeders.  All USDA licensed breeders, according to Hackett, are puppy mills.  But not according to Lesniak, as previously reported, who, on June 23, 2016 said that sales from USDA licensees to pet stores should be allowed to continue, because these breeders were not the “puppy mills” his original bill had been targeting to eliminate.  (See testimony on June 23, 2016 at the Senate Budget and Appropriations committee starting at 3 hours 3 minutes 24 seconds (3:3:24)).

Perhaps Lesniak should consider a bill that would actually help animals without hurting the people and businesses that treat them humanely.

For example, this state desperately needs an overhaul of the law granting law enforcement authority to volunteer nonprofit groups (New Jersey and County Societies for the Prevention of Cruelty to Animals).  Walt Kane, of “Kane in Your Corner,” has been spearheading an investigation about the NJSPCA, published on New 12 New Jersey.  The latest installment, in which I was interviewed, aired May 24, 2017, “NJSPCA law enforcement practices questioned.”

Walt obtained records of complaints that had either not been investigated or had no written description of any investigation performed or results achieved.

As I said after reviewing those records, it is long past time that the state shift enforcement of its animal cruelty statutes to professional law enforcement agencies.  Those dedicated and expert in animal health and welfare should be able to assist officers at police and sheriff’s departments by providing that expertise as a special investigator in relevant animal cruelty investigations.  If we are serious about animal welfare, it is time to make that change.

Governor Christie issued a conditional veto on May 1, 2017, amending S 3041 significantly and correcting some constitutional deficiencies in the existing law (New Jersey’s Pet Purchase Protection Act) as well as glaring constitutional violations in S 3041 that ended up on the Governor’s desk.

Explaining his support of efforts to protect New Jersey pet purchasers and require “responsible conduct among pet breeders and brokers” the Governor rejected much of the newly proposed amendments finding that “aspects of this bill go too far.”  S3041 Conditional Veto, May 1, 2017.

[T]his bill would require the Division of Consumer Affairs (“DCA”) to engage in costly, and potentially unconstitutional, regulation of pet dealers, breeders, and brokers throughout the country. This bill would also have the unintended consequence of restricting consumer access to pets, even from responsible breeders.

This bill would expand the Act’s burdensome sourcing requirements on New Jersey pet shops to all pet dealers; impose onerous record keeping and reporting requirements on pet dealers; require DCA to post on its web-site United States Department of Agriculture (“USDA”) inspection reports for breeders and brokers, even though the USDA removed these inspection reports from its own website shortly after being sued in part over privacy concerns; and expose pet shops and pet dealers to a severe “three strikes and you’re out” penalty that could permanently close them for something as innocuous as unknowingly obtaining pets from a source that was cited, but not fully adjudicated, for technical violations in a USDA inspection report which they no longer publish on their own website.

Some of the changes in the Conditional Veto include:

  1. The inflammatory, pejorative language in the preamble has been deleted in its entirety.
  2. The definition of “broker” would be consistent with that term as defined in the Animal Welfare Act and related regulations.
  3. For the most part, the law would apply to those conducting business within the State of New Jersey.
  4. Pet shops and pet dealers within New Jersey remain banned from purchasing from USDA exempt breeders but exempt or hobby breeders are no longer included in the definition of pet dealer.
  5. Most of the draconian provisions and fines for pet stores have been eliminated or significantly amended.
  6. Documentation of and about the dogs and cats sold by pet stores is still required, but those documents no longer have to be plastered on cages. They can either be on the cage or “in a display that is visible and accessible to consumers and is immediately adjacent to the cage or enclosure.”

Importantly, the Conditional Veto requires final adjudications that a source has violated the Animal Welfare Act before banned from selling to pet shops or pet dealers in N.J.  Apparently recognizing that the existing and proposed language impermissibly violates the Due Process rights of pet breeders and dealers, the proposed changes provide:

Pet shops and pet dealers cannot purchase from a pet dealer who ‘received three or more separate, final and conclusive orders for violation of the federal Animal Welfare Act . . . or corresponding federal animal welfare regulations . . .during the five-year period prior to the purchase of the animal by the pet shop or pet dealer.”

Unfortunately, the Governor did not correct the requirement for out of state breeders to comply with NJ Department of Health regulations, an impermissible violation of the Commerce Clause of the U.S. Constitution.

Whether and to what extent the Conditional Veto will be adopted remains to be seen.  The bill sponsor has threatened to override the veto.

Those interested in supporting the Conditional Veto and blocking an override can visit NAIA’s website  for more information.