Assembly bill No. 2052 includes the following definition of “necessary care: in the definition section of New Jersey’s animal cruelty statute that could be problematic for farmers raising livestock and poultry in the state, if it were to apply to them:
“Necessary care” means care sufficient to preserve the health and well-being of an animal, and except for emergencies or circumstances beyond the reasonable control of the person responsible for the care of the animal, providing the following: (1) food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to drinkable water of an appropriate temperature in sufficient quantity and quality to satisfy the needs of the animal; (3) access to adequate protection from the weather, including an enclosed non-hazardous structure sufficient to protect the animal in which there is adequate bedding to protect the animal against cold and dampness; (4) adequate protection for the animal from extreme or excessive sunlight and from overexposure to the sun, heat and other weather conditions; (5) veterinary care to alleviate suffering and maintain health; and (6) reasonable access to a clean and adequate exercise area.
The reason for concern is that provisions (3), (5), and (6) are inconsistent with the provisions set forth in the Humane Treatment of Domestic Livestock (N.J.A.C. 2:8-1.1 et seq.) as provided for in N.J.S.A. 4:22-16.1. which provides:
Rules and regulations; standards for humane treatment of domestic livestock-
- The State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station and within six months of the date of enactment of this act, shall develop and adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C. 52:14B-1 et seq.): (1) standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock; and (2) rules and regulations governing the enforcement of those standards.
- Notwithstanding any provision in this title to the contrary:
(1) there shall exist a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards developed and adopted therefor pursuant to subsection a. of this section shall not constitute a violation of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock;
(2) no person may be cited or arrested for a first offense involving a minor or incidental violation, as defined by rules and regulations adopted pursuant to subsection a. of this section, of any provision of this title involving alleged cruelty to, or inhumane care or treatment of, domestic livestock, unless that person has first been issued a written warning.
- For the purposes of this act, “domestic livestock” means cattle, horses, donkeys, swine, sheep, goats, rabbits, poultry, fowl, and any other domesticated animal deemed by the State Board of Agriculture and the Department of Agriculture, in consultation with the New Jersey Agricultural Experiment Station, to be domestic livestock for such purposes, according to rules and regulations adopted by the department and the board pursuant to the “Administrative Procedure Act.”
CREDIT(S) L.1995, c. 311, § 1, eff. Jan. 5, 1996.
The bill statement for A2052 states:
This bill amends the definition for “necessary care,” established 43 by P.L.2013, c.88 (designated as Patrick’s Law), to provide for 44 additional specific care requirements.
Before consideration by the senate, since the bill statement clearly indicates its intention was to provide for domestic companion animals and not domestic livestock, the definition of “necessary care” should be amended to exclude provisions regarding domestic livestock which are prescribed in N.J.A.C. 2:8-1.1 et seq. as the legislature previously mandated.
A2052 was passed by the Assembly on December 19, 2016.