New Jersey bills S3551 and A5040 would require a vaccination schedule that is inconsistent with veterinary recommendations.

For example, the bills would require that “if the animal is a dog, [it] has received its first parvo and distemper vaccines and at least one booster, and the dog’s rabies inoculations are up to date.”

According to the American Animal Hospital Association (AAHA), and consistent with existing state laws “A single dose of rabies vaccine [should be administered] NOT EARLIER THAN 3 MO OF AGE.”  Earlier vaccination may be ineffective because of maternal immunity passed to the puppies.

AAHA also recommends vaccination against parvovirus and distemper virus beginning as early as 6 weeks of age, but booster shots should be administered at an interval of 2 to 4 wk until at least 16 wk of age.”  The bills would delay placement of an animal by requiring that it receive a booster before sale or adoption.   Since exposure to infectious diseases increases with the time each puppy or dog remains at a shelter or rescue facility, such a delay could increase, not decrease, the risk to animal health.

Rocky’s law would also require behavioral testing and reporting of historical behavioral abnormalities of animals before sale or adoption.  An animal’s behavior is an important factor for an owner  to consider and certainly any history of behavioral abnormalities, including aggression, should be recorded and reported.  Pets are often relinquished to a shelter or another home because of behavioral issues.  Equally important is the prevalence of dog bites in this country as reported by the AVMA.

Dog bites pose a serious health risk to our communities and society. More than 4.5 million people are bitten by dogs each year in the United States, and more than 800,000 receive medical attention for dog bites, according to the U.S. Centers for Disease Control (CDC). At least half of those bitten are children. Here are more dog bite facts:

Almost 1 in 5 people bitten by dogs require medical attention.

Children are by far the most common victims of dog bites and are far more likely to be severely injured.

Most dog bites affecting young children occur during everyday activities and while interacting with familiar dogs.

Senior citizens are the second most common dog bite victims.

Any dog can bite: big or small, male or female, young or old. Even the cuddliest, fuzziest, sweetest pet can bite if provoked. Remember, it is not a dog’s breed that determines whether it will bite, but rather the dog’s individual history and behavior.

There are several resources available for the evaluation of a dog’s temperament.

The American Veterinary Society of Animal Behavior (AVSAB), describes the importance of socialization of puppies by owners:

‘Puppies go through a sensitive period of socialization when they are uniquely prepared to benefit from exposure to social opportunities. From the time the owner adopts the puppy until 3 to 4 months of age, it is critical that the owner get the puppy out to meet other animals and people, and experience many different kinds of environments,’ said [former] AAVSAB president, Dr. E. Kathryn Meyer.

Unsocialized puppies may also fail to develop coping mechanisms and grow up into dogs that are unable to adapt to new situations. This can severely inhibit the dog’s quality of life as well as the owner’s enjoyment of the pet,

The American Kennel Club and the American Temperament Test Society, Inc. also have programs for testing dog behavior.

Once the pet leaves the pet shop, rescue or shelter, any subsequent behavior may have nothing to do with its care at these facilities.  Behavioral abnormalities, including aggression may have resulted from the care (or lack thereof) the animal had received from its owner.  The pet shop, rescue or shelter should not be liable for such subsequent behavior if there was no indication that the pet was predisposed to or had no history of such behavior.

These bills have promise, but require considerable amendments to protect animal health and welfare and the people and business who buy and sell them.

Rocky’s Law, S3551 and its companion A5040, would require the mandatory registration of animal rescue organizations, as opposed to the current laws providing for voluntary registration.  They would also would require all animal rescue organizations, pet shops, shelters and pounds to conduct and provide test results about the animal’s medical status and behavioral history to people purchasing* pets.

The expansion of existing pet shop requirements to animal rescue organizations and shelters is laudable, but some of the proposed requirements are medically unsound as written and others would result in unintended consequences.  Also, some of the requirements for pet shops would still exceed those required for rescues and shelters, even though the potential risks are indistinguishable.  Finally, penalties for behavioral conditions in pets that result in human harm, including death, do not recognize the owner’s responsibility and influence over the pet’s behavioral abnormalities that occur after purchase.  Accordingly, some of the penalties for conditions resulting from the owner’s oversight of the animal and not the sellers are misplaced.

Some of these issues are identified herein—others will be discussed in subsequent blogs.

The bill, if passed, would require an animal rescue organization facility, shelter and pound to “document the health, behavioral, and medical history of an animal prior to offering the animal for adoption.”

However, these requirements exclude animal rescue organizations and instead only apply to animal rescue organization facilities.  While both entities sell pets to owners in the State, only those with a facility in the State would have to comply with the expanded requirements. Since risks from animal rescue organizations meet or exceed those with facilities in the State, the provisions should apply to all.

The bill would also exempt animal rescue organization facilities, shelters and pounds from providing certain information by stating the information should be provided “to the extent possible.”  For example, the bill would require “[t]o the extent possible, an animal rescue organization facility, shelter, or pound shall determine and maintain records of the:

(1) date and place of birth of each animal placed in its care, and the actual or approximate age as established by a veterinarian, or the animal; [there is no reason a veterinarian cannot provide an approximate age, so this should be a requirement]

(2) sex, color markings, and other identifying information of the animal, including any tag, tattoo, collar number, or microchip information; [there is no reason why this information should not be required for every animal sold]

(3) name and address if the veterinarian last attending to the animal before the animal was placed in the animal rescue organization facility, shelter, or pound and any health, behavioral, or medical records that may be available from the veterinarian: [with the increasing incidence of the importation of highly contagious, infectious diseases through animal rescue organizations, this information should be required]

(4) name and address of the veterinarian attending to the animal while the animal is in the custody of the animal rescue organization facility, shelter, or pound, and the dates of the initial and any subsequent examinations of the animal; [there is no reason this information would not be available, and therefore it should always be provided]”

The bills would require a veterinarian to certify that the animal is “free” of parasites, but it would be more reasonable for a veterinarian to certify that she has performed an examination for internal and external parasites, and has treated the animal, if needed, based on the results of that examination.

The American Animal Hospital Association notes that every dog and cat “should receive year-round parasite control to prevent against heartworms, intestinal parasites, fleas, and when appropriate, ticks. Even if your pet spends most of his time indoors, he can still pick up diseases from these sneaky pests that can fly, crawl, or hitchhike on you to get inside your house. These bugs spread serious (even fatal, in the case of heartworms) diseases that are easily preventable with monthly medications.”

Statements requiring a veterinarian to certify that the animal is free from “contagious hair loss” and “does not have feces free of disease, infection, and parasites” should be amended.  For example, feces do not have diseases.  Notably, there can be existing but subclinical infections that would not be evident during a physical examination even if certain testing were performed.

Also, feces contain germs, including bacteria that will be reported if cultured.  As written, a veterinarian may be inclined to prescribe an antibiotic upon receipt of a positive culture, even in the absence of clinical signs of disease.  The presence of bacteria in feces does not necessarily mean that the animal is diseased or infected. Such treatment is inconsistent with federal, state and medical policies to minimize unnecessary treatment with antibiotics that leads to antibiotic resistance. Further, the time required for bacterial and viral testing would unnecessarily delay sale or adoption.

Instead of trying to proscribe how veterinarians should perform examinations and diagnose illness, the sponsors should consider extending the warranty required for pet shops to animal rescue organizations, animal rescue organization facilities, and shelters.

Additional issues  will be addressed in a subsequent blog.

 

 

*Purchasing and purchase should be considered the same as adopting and adoption.

HB 688, introduced on January 3, 2019, would

I. Makes changes to the definition of pet vendor and defines hobby breeder.

II. Establishes the companion animal welfare division in the department of agriculture, markets, and food.

III.  Establishes the animal transfer database in the department of agriculture, markets, and food.

IV. Creates a license for animal shelters and modifies the license for pet vendors.

V. Allows hobby breeders to register with the department of agriculture, markets, and food.

The bill would “REQUIRE” not “ALLOW” hobby breeders to register with the department, despite the language in the summary described above.

A “hobby breeder” means “A person who transfers animals for a fee and transfers 30 or fewer animals in a year.”  Notably, the term “animals” is not limited to dogs, cats, or other animals commonly owned as pets.

At least some of the requirements for “hobby breeders” appear to be draconian and overly burdensome.  See, e.g., inspection and record keeping requirements:

A hobby breeder registered under this subdivision shall:

I. Maintain in a clean and sanitary condition all premises, buildings, and other enclosures used in the business of dealing in live animals customarily used as household pets.

II. Submit premises, buildings, and other enclosures to scheduled inspections by department employees or local animal control, law enforcement, or health officials at reasonable times.

III.  Maintain, subject to inspection by the commissioner, his or her agent, local officials, law enforcement, or any member of the public, a proper record in which all live animals customarily used as household pets obtained or transferred shall be listed, including the breed, date the animal was obtained and transferred, and from whom the animal or bird was obtained and to whom the animal was transferred.  Such record shall also show the microchip, leg band, or tattoo number of each animal or bird, where applicable.  Animals that do not bear such identification shall be identified by recording markings, a physical description and any other information as the commissioner deems necessary to identify such animals.

IV. Keep records of all animals intended for transfer indicating identification, point of origin, and recipient, and shall submit said records to the commissioner upon request.

V. Provide a health certificate in accordance with RSA 437:10-d to the transferee.

VI. Shall not transfer animals to pet vendors.

VII.  Comply with such other rules as the commissioner may adopt to control disease.

The Fiscal Note, submitted with the bill as introduced, describes the expenditures required by New Hampshire related to the establishment of the Companion Animal Welfare Division within the Department of Agriculture, Markets and Foods, excluding expenses pertaining to operating the office which will house the new Division.  A wopping $3,896,000 are the estimated expenditures from 2020-2023.  The program is not expected to be operational until 2022.

The projected number, type and cost of new positions needed for the new Division includes:

Position Number of Positions FY 2022 Salary and Benefit Costs FY 2023 Salary and Benefit Costs

Inspectors

(LG 18, Step 1)

8

 

$544,000 $560,000

Administrative Secretary

(LG 14, Step 1)

2 $122,000 $128,000

Administrator II

(LG 29, Step 1)

1 $94,000 $99,000

Technical Support Specialist VI

(LG 32, Step 1)

1 $104,000 $109,000

Veterinarian

(LG EE, Step 1)

1 $101,000 $107,000

Attorney III

(LG 30, Step 5)

1

 

$111,000 $113,000
Hearing Officer Contractor 0.5 $37,000 $37,000
Total  14.5  $1,224,000 $1,266.000

 

The new Division has been purportedly modeled after the Animal Welfare Program in Maine.

However, there appear to be striking differences between the laws in Maine and those proposed in HB 688.  For example,  NH would require licensure of anyone who transfers as few as one animal for a fee.  In Maine, “a person may not advertise for sale, sell or exchange for value more than one cat or dog under the age of 6 months in a 12-month period unless that person has a valid animal shelter, kennel, breeding kennel or pet shop license or a valid vendor’s license issued under this section.”  MRS §4163 (emphasis added).

Maine also exempts hobby dog breeders from licensure as a kennel if they sell or exchange one litter of puppies within a 12-month period.  MRS §3907 (17).

While HB 688 would help the state regulate the transfer of animals through animal rescue organizations, it’s required licensure of all hobby breeders appears to be overreaching and likely not necessary to obtain the laudible goals of “put[ting] the humane treatment of animals on par with the existing mission priorities of the Department . . .”

Originally Posted: 25 Jan 2019 12:11 PM PST, republished with permission.

In most regions of the United States, dog overpopulation as an issue has been solved, and there are more potential owners than there are local pet dogs available. For example, many of the dogs that arrive in Northeastern shelters and rescues come from the southern United States, Puerto Rico, and sometimes even foreign countries.

Ending the dog surplus problem in some parts of the country is a challenge, due to a lack of clear records. To solve a problem, you have to be able to define it. Who is breeding these dogs? Who is surrendering them? Who is adopting them? And more and more, we’re having to ask where they coming from.

One thing we do know, is that fewer dogs are being bred in the United States while the practice of importing dogs from foreign countries for adoption is growing — and fast. So it is little surprise that the partial government shutdown has led to complaints from a group that brings 800+ dogs a year into the U.S., because they can no longer obtain the proper importation permits. This is just one organization of hundreds that are importing dogs in the Southwestern U.S., threatening the health of American dogs and flooding the dog marketplace.

This is why NAIA and our legislative partner, NAIA Trust are working so hard to find legislative solutions to this mushrooming problem.

Even though the government shutdown is currently over, concerns about the importation of dogs from other countries for sale/adoption in the United States remains a serious concern.  Such importation has already resulted in the introduction and spread of diseases infectious to humans and animals.

The New Jersey Senate Environment and Energy Committee unanimously voted to release the Homes for Animal Heroes Act (S2826) from committee.  The bill would requires institutions of higher education to offer cats and dogs for adoption when they are no longer needed for education, research or other scientific purposes.  During the hearing on September 13, 2018 the following nonprofit associations or individuals submitted slips or testified:

Best Friends Animal Society; Merck; Tom Leach and Cindy Buckmaster, Ph.D., and Karen Froberg, VMD from the New Jersey Association for Biomedical Research; and the National Animal Interest Alliance.

Homes for Animal Heroes, created by Cindy Buckmaster, Ph.D., and an initiative of National Animal Interest Alliance (NAIA),

is a product of the research community’s desire to find loving homes for their animals, as well as the need to educate the public on the real facts about our animal heroes, how they are cared for, and how they improve human and animal lives.

As stated on its website 

Homes for Animal Heroes (HAH) is a national program dedicated to rehoming retired research animals, mainly dogs, and sharing the facts about the critical role animals in research play in curing disease. HAH is building a network of dog experts that can effectively work with research institutions to rehome retired research dogs in every state across the country, one location at a time. Our goal is to permanently rehome these animal heroes into loving homes through a comprehensive foster-based program.

The program builds in successful outcomes by temporarily housing dogs with caregivers, trained “to acclimate former study” dogs to a home environment.  Potential adopters are also screened and interviewed for lifelong compatibility.

The program and the bill, do not require research facilities to place dogs with animal rescue organizations, many of which have not been trained to handle these animals, and most are nearly entirely unregulated.  Instead, the institutions and the staff who have worked closely with these dogs and cats, are able to place them in homes where they will have the best chance of remaining for the rest of their lives.

On May 17, 2018 a plethora bills were reported out of the New Jersey Assembly Agriculture and Natural Resources Committee, some with amendments that will benefit animals and their owners if they become law, and others with sorely needed amendments.

Here is a summary of what occurred (as reported on the New Jersey Legislative website):

A781 is a bill that would establish processes for recovering the cost of caring for domestic companion animals involved in animal cruelty violations.  This bill was reported favorably with some amendments, but more should be adopted before further action.

This bill, as amended, provides for the cost of care for animals involved in animal cruelty violations, and establishes a procedure, when the owner of the animal is the alleged violator, for the owner of the animal to pay for the cost of care of the animal. The bill, as amended, specifies that ‘animal’ includes the whole brute creation, but does not include agricultural livestock or domestic livestock.

This amendment protects farmers from the overreaching practices of law enforcement supported by animal activist groups that assist in seizures of animals before the owner(s) has a hearing or opportunity to prove they have not committed alleged acts of animal cruelty.

The groups that house the seized animals charge owners millions of dollars for the “care” of these animals, even though, in some instances, they do not have adequate, if any, training in providing such care. The seized animals suffer from negligent care and sometimes die.  Many animal owners, particularly farmers, would be unable to pay for such costs and therefore forfeit ownership-all before they are actually found guilty of anything.

A1334 is a bill which would add the theft or release of an animal during burglary to the ever-expanding list of provisions that constitute animal cruelty. This amendment is not necessary and makes the cruelty statute even more cumbersome than it currently is.   If someone steals an animal that constitutes theft, for which there are existing legal remedies.  If the thief does not properly care for the animal while in their possession, then the cruelty statute already provides for remedies.  If an animal is released during a burglary and is injured there are also existing provisions in the law that would apply.

A1923, a.k.a. Nosey’s law, was amended before it was reported out of committee, but still requires amendments.  The original intent of this bill was to ban the exhibition of elephants in circuses and traveling zoos.  The amendments to the current version (which is much better than prior versions) largely address concerns of those who humanely exhibit exotic animals.  However, a glaring error remains. The bill defines “[w]ild or exotic animal” as any live animal that is classified into any of the following scientific classifications: (1) Artiodactyla, excluding domestic cattle, bison, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, vicunas, or alpacas; (2) Camelidae . . .”

This effectively excludes llama, vicunas and alpacas from the definition of wild or exotic animals on the one hand, but then includes them since they are members of the Camelidae family.

Additional amendments are clearly required.

A2318 , a bill that would permit any person to break into a vehicle to “rescue” an animal, if they believed that an animal was in danger, was also reported out of committee.  The bill should require any animal so “rescued” to be immediately examined by a licensed veterinarian.  If the rescuer has a good faith belief that the animal is in need of help, then examination by a veterinarian should be mandated.  The owner should pay for that examination if the veterinarian determines the animal’s health was in jeopardy, but if not, the rescuer should have to pay for the veterinary examination.  Adding those provisions may help decrease unnecessary rescues.

Another issue with this bill is that the wording “other circumstances likely to endanger or cause bodily injury or death to the animal” is vague and essentially meaningless.

A3218, a bill that “permits municipalities to contract with animal and humane societies which engage in animal foster care,” was also reported out of committee.  This bill would expose animals and people to unnecessary harm because animal foster care organizations are not regulated in New Jersey.

Finally, A4385, a bill that would require “institutions of higher education, and related research facilities, to offer cats and dogs no longer used for educational, research, or scientific purposes to animal rescue organizations for adoption prior to euthanizing the animals,” was also voted out of committee.  Not only is this bill unnecessary since successful adoption programs from these institutions have been in existence for years, reliance on unregulated animal rescue operations, as above, places animals and people at risk.

Rescue Road Trips, inc. (the Rescue), as previously described, transports dogs from the south to the northeastern states for sale/adoption.  The Rescue states that

No exchange of payment may occur within the boarders [sic] of the State of Connecticut.

Connecticut, in an attempt to protect consumers and pets, requires animal importers to register with the Commissioner of Agriculture, which the Rescue has done. Connecticut also requires:

“[a]ny animal importer who intends to offer for sale, adoption or transfer any dog or cat at a venue or location that is open to the public or at an outdoor location, including, but not limited to, a parking lot or shopping center, shall provide notice to the Department of Agriculture and the municipal zoning enforcement officer of the town where any such sale, adoption or transfer will occur, not later than ten days prior to such event. Such notice shall state the date for such sale, adoption or transfer event, the exact location of such event and the anticipated number of animals for sale, adoption or transfer at such event. Any person who fails to provide notice as required pursuant to this subdivision shall be fined not more than one hundred dollars per animal that is offered for sale, adoption or transfer at such event.” CT. ST. §22-344(e)(2)

The statute defines “animal importer” as a person who brings any dog or cat into this state from any other sovereign entity for the purpose of offering such dog or cat to any person for sale, adoption or transfer in exchange for any fee, sale, voluntary contribution, service or any other consideration.” CT. ST. §22-344(e)(3).

Is the Rescue attempted to avoid these requirements by arranging for the sale to occur before entering Connecticut?

The Rescue seems to be relying on a fact sheet written by CT Votes for Animals, dated 7/1/2015, titled CT Importation Law Fact Sheet (the Factsheet).

That Factsheet states:

An adopter who intends to keep a cat or dog as a personal companion is not an animal importer if the adopter owns the cat or dog at the time the animal is brought into Connecticut (e.g., the cat or dog is offered on Petfinder and adopted prior to arriving in Connecticut).

It is not clear whether the Rescue, assuming that notification to the State of Connecticut is not required if the transfer of ownership occurs online, before the Rescue enters the State.

But, if the sale/adoption occurs through Petfinder, before entry into the State, that transfer should be considered a non-face-to-face sale by USDA, in which case the Rescue would have to apply for and be approved as a licensee under the Animal Welfare Act. Currently, they describe themselves as an USDA Class T registrant, not as a licensee.

The Factsheet also appears to have other inaccuracies.

For example, it describes importation laws for dogs or cats pursuant to CT. ST. §22-354(a) as “Prior law.” However, currently, CT. ST. §22-354(a) remains in effect.

In addition to these importation provision, CT. ST. §22-344(f), “Veterinary examination of cat or dog imported into state by animal importer,” also requires:

“Any animal importer, as defined in section 22-344, shall, not later than forty-eight hours after importing any dog or cat into this state and prior to the sale, adoption or transfer of such dog or cat to any person, provide for the examination of such dog or cat by a veterinarian licensed under chapter 384. Thereafter, such animal importer shall provide for the examination of such dog or cat by a veterinarian licensed under chapter 384 every ninety days until such dog or cat is sold, adopted or transferred, provided no such dog or cat shall be sold, adopted or transferred to another person by an animal importer unless (1) such dog or cat was examined by a veterinarian licensed under chapter 384 not more than fifteen days prior to the sale, adoption or transfer of such dog or cat, and (2) such veterinarian provides such animal importer with a written certificate stating that such dog or cat is free of any symptoms of any illness, infectious, contagious or communicable disease. Such certificate shall list the name, address and contact information of such animal importer. Any animal importer who violates the provisions of this subsection shall be fined not more than five hundred dollars for each animal that is the subject of such violation.”

The Factsheet, however, replacing the term “provide” with “arrange” states that “the examination itself may occur after the 48 hour period [or] . . . after the 90 day period,” respectively.

That does not appear to be consistent with the statutory language or the legislative history.

The purpose of this provision, adopted in 2011, as summarized in the legislative history, was to, in relevant part, “(1) require a veterinarian to examine a cat or dog within 48 hours of the animal being imported and within 15 days before the sale, adoption, or transfer of the animal.” (emphasis added).

As further described:

“Veterinarian Services and Records Required

The bill requires an animal importer, within 48 hours of importing a cat or dog into Connecticut and before offering it for sale, adoption, or transfer, and every 90 days until the sale, adoption, or transfer is complete, to have a state-licensed veterinarian examine the animal. Each animal must be examined by a state-licensed veterinarian within 15 days before a sale, adoption, or transfer and the veterinarian must provide the animal importer a written health certificate for the animal. An animal importer who violates these provisions is subject to a find of up to $500 for each unexamined or uncertified animal.”

Since the laws in Connecticut were passed to protect human and animal health, at least in part, it is critical that dog sales and/or adoptions are conducted as these provisions require.

 

 

 

Retail rescue organizations like Rescue Road Trips, inc. (the Rescue) who purport to provide “loving, humane road trips to homeless, unwanted, and unloved dogs from Southern Kill Shelters . . . deliver[ed] to Loving ‘Forever Homes’ in New England and surrounding areas,” do nothing to decrease the number of dogs being irresponsibly bred.  They actually do the opposite by facilitating the irresponsible, non-purposeful breeding of dogs.

And, while preventing a dog from unnecessary death is laudable, this operation, like other rescues and some shelters that have largely replaced pet stores and professional breeders as the source of pets in the U.S., this Rescue appears to be quite profitable.

As reported on their website, they have saved over 55,000 dogs to date.  These are dogs moved from southern states to the northeast, where the supply of dogs for sale/adoption does not meet demand, despite statements by HSUS, ASPCA and others claiming that pet store sourcing bans are needed because of the local overpopulation of dogs purportedly caused by pet store sales.

Notably, the justification of a bill recently passed in New York related to regulation of rescues and shelters described the current state of the supply of pets, noting

The number of animals euthanized in U.S. shelters has seen a precipitous decline in the past four decades, from around 15 million annually in the 1970’s to around 3 million currently . . . there are literally hundreds of unregulated entities importing dogs into New York each year . . . [through] the almost 500 incorporated animal groups currently registered with the Office of the Attorney General’s . . . Charities Bureau . . .

The Rescue, reportedly charging $185 per dog per transport―plus another unreported adoption fee per dog―has earned over $10,000,000 in revenues to date.  While there are costs related to transport, the Rescue reports that volunteers pay for the dogs pulled from shelters, and for their medical care, and assists them with canine care along the way, all for no charge to the Rescue.

Think about how that much money could be used to educate dog owners in the south about responsible breeding and provide voluntary spay/neuter programs that have been so effective in many parts of the country, including the northeast.

According to the Rescue’s IRS 990, available on ProPublica’s website, it was formed in 2015, and for that year, revenues totaled $230,000 and the officers reported no working hours or expenses.  Does that mean that they have transported 55,000 dogs since 2016?

To its credit, the Rescue’s “Requirements to Board Transport,” are generally consistent with interstate animal health requirements and sound veterinary medicine, but there may be other concerns about their conduct, particularly in the State of Connecticut, to be discussed further.

New York recently amended laws governing pet dealers by:

(1) exempting incorporated animal shelters, rescue organizations or other non-profit entities that transport or offer animals for adoption (a/k/a “sale”) from the statutory definition of “pet dealer,” and (2) requiring those entities to register with the Department of Agriculture and Markets and provide certain information on an annual basis.  See S5599.

The information that must be reported to the State includes:

The number of animal taken in, adopted, placed into permanent or temporary homes, or otherwise transferred into, out of, or within the state by the applicant during the prior calendar year. S5599 at S. 408 (G).

At first glance, these amendments start the long-needed steps to regulate sales of pets through the largely unregulated retail rescue channels, but the following are some concerns about the law (some of which may have been preexisting):

THE COMMISSIONER MAY DENY ANY APPLICATION FOR REGISTRATION AS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR REVOKE ANY REGISTRATION ALREADY GRANTED, AFTER WRITTEN NOTICE TO THE APPLICANT OR REGISTRANT AND AN OPPORTUNITY TO BE HEARD, WHEN:

THE APPLICANT OR REGISTRANT, OR AN OFFICER OR DIRECTOR HAS BEEN CONVICTED OF A MISDEMEANOR OR FELONY ANIMAL CRUELTY OFFENSE BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, WITHOUT SUBSEQUENT PARDON BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE OR JURISDICTION IN WHICH SUCH CONVICTION OCCURRED, OR RECEIPT OF A CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW  Section 4 (C).

Similar to animal abuse registries, this section bans individuals from working with animals forever, for potentially minor infractions.  More thought should be placed on the type of conduct for which this type of lifetime punishment is warranted.  As I have discussed before, historically, many accused of animal cruelty offenses, even if innocent, have opted to plead guilty to minor offenses since the cost of defense far outweighs the fines.  It is unclear, whether this law is retrospective or prospective regarding such convictions.

Another area of concern is the exclusion of shelters and rescues from warranties pet stores must provide when selling pets to provide owners recourse if the pet develops clinical signs of infectious diseases within 14 days of sale.  Since animals sold through shelter and rescue channels have a greater likelihood of exposure to infectious diseases, veterinarians should be required to examine, treat and inform new owners about the results of those examinations at the time of adoption/sale.  The state should consider requiring pets sold through these channels to be held for a reasonable period of time before sale to increase the chance that clinical signs of infectious disease can be diagnosed before sale.  Owners should be informed about any congenital defects that are evident to the veterinarian before sale.  Notifying new owners about infectious disease and congenital defects is critical to ensure the pet will be placed in a home where owners can afford to treat these often expensive conditions to treat.

Another concern is based on a comment from the sponsor, Senator Boyle, in his press release―the purpose of the bill is to eliminate the:

Pet Dealer License exemption, which has sometimes been exploited by former pet dealers and animal resellers who realized they could successfully avoid state oversight by obtaining a not-for-profit status.

Hopefully this comment is not directed toward pet stores that have been bullied into ceasing sales of professionally-bred dogs and are instead providing pets obtained from shelters and rescue organizations.  These stores should be able to register as non-profits, like the other entities providing similar pets.

Of course a huge obstacle to such pet stores trying to convert to the “humane model” espoused by animal rights organizations (despite the lack of evidence that this model actually works) is the requirement in New York for any animal non-profit to be approved by the ASPCA, one of the most profitable non-profit animal rights organizations in the country.

It would seem that there is an inherent conflict if the ASPCA with a decades-old campaign against pet stores that sell puppies, is in a position to approve or deny the non-profit application of a pet store converting to non-profit status.

Hopefully, the NY State Department of Agriculture & Markets can address some of these concerns in regulations.

 

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.