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Discussion Starter · #1 ·
new bill to fight:

http://www.njleg.state.nj.us/2008/Bills/S3000/2952_I1.HTM
or:
http://tinyurl.com/m56n3o


excerpts:

"Pet dealer" means any person engaged in the ordinary course of business in the sale of cats or dogs to the public for profit or any person who , in one year, sells or offers for sale more than five cats or dogs [in one year] or more than one litter of dogs, and includes a “dog dealer” as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1) and licensed pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) ;

“Dog dealer” means any person, including out-of-State dealers, engaged in the ordinary course of business in the sale of dogs to the public for profit, or who sells or offers for sale more than one litter of dogs in one year, and whose business is not operated or licensed as a kennel, pet shop, shelter, or pound.

Upon revocation or refusal of a license by a municipality or the division, as applicable, pursuant to section 8 of P.L.1941, c.151 (C.4:19-15.8), section 5 of P.L.1999, c.336 (C.56:8-96), or sections 4 or 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), respectively, a pet shop, kennel, or dog dealer shall:

(1) immediately cease and desist from operating a pet shop or kennel or operating as a dog dealer in this State, including boarding, buying, exchanging, selling, offering for sale, giving away or in any way transferring dogs;

(2) acquire no additional dogs nor increase the number of dogs in the pet shop or kennel, by any means, including breeding, except if the acquisition or increase is by birth of offspring from a mother which, at the time of revocation or refusal, was: (a) on the property; (b) pregnant; and (c) owned by the pet shop, kennel, or dog dealer;

(3) notify the division prior to the euthanization of any dog, except as provided in subsection c. of this section;

(4) permit an authorized representative of the municipality or the division, as applicable, to inspect a pet shop or kennel without a warrant in order to determine compliance with a municipal order, any relevant court order and any provision of P.L.1941, c.151 or P.L.1999, c.336; and



No dog may be euthanized unless it is determined by a licensed veterinarian that the euthanasia will prevent the dog from suffering caused by a medical condition. If a veterinarian determines a dog should be euthanized, a copy of the veterinarian's findings, signed by the veterinarian, shall be provided to the division. If, in an emergency situation, it is deemed by the licensed veterinarian that immediate euthanasia is necessary to relieve the suffering of the dog, the dog may be euthanized immediately following that determination. Following euthanasia in an emergency situation, a copy of the veterinarian's findings shall be signed by the licensed veterinarian and provided to the division.

A pet shop or kennel shall be equipped with a smoke alarm and shall have proper equipment for fire suppression, including a fire extinguisher and sprinkler system.

The Department of Health and Senior Services shall inspect each pet shop and kennel at least twice per calendar year to enforce the provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.) and P.L.1999, c.336 (C.56:8-92 et al.) and the rules and regulations adopted pursuant thereto.

b. A pet shop or kennel that refuses entrance to an authorized representative of the department shall be deemed to be in violation of this act.

c. When an authorized representative of the department attempts a pet shop or kennel inspection in a building and no person is present to grant access, the authorized representative may post an order on an entrance to the building demanding access to the building within 36 hours. Failure to permit an inspection within the 36-hour time period indicated in the posted order shall constitute a refusal of entry for purposes of this section, unless there are no animals at the pet shop or kennel, or the owner or operator of the pet shop or kennel and the authorized representative of the department who posted the order agree within the 36 hour time period indicated in the posted order to permit an inspection at a time agreed to by both parties. It shall be an affirmative defense to this subsection that there were no animals in the pet shop or kennel at the time the order was posted.

d. As used in this section, “refuses entrance” or “refusal of entry” mean preventing an authorized representative from entering the establishment, preventing an authorized representative from inspecting an animal, hiding an animal from an authorized representative, or an act or omission that prevents an authorized representative from gaining entry to the establishment
 
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