ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 4051

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 4051 ACS.

      As amended, this bill repeals the “Pet Purchase Protection Act,” and replaces it with a prohibition on the sale of cats, dogs, and rabbits by pet shops. The bill also imposes several other requirements concerning the sale and adoption of animals.

     The bill provides that it would be an unlawful practice and a violation of State consumer fraud law for any breeder, broker, or kennel to knowingly sell a cat or dog that is unfit for purchase.  The bill defines “unfit for purchase” as having any disease, deformity, injury, physical condition, illness, or defect which is congenital or hereditary and severely affects the health of the animal, and which was manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal to the consumer.  The bill specifies that the death of an animal within 14 days of its delivery to the consumer, except by death by accident or as a result of injuries sustained during that period, is to be construed to mean the animal was unfit for purchase.

     The bill establishes a prohibition on the sale of cats, dogs, or rabbits by pet shops and establishes a $1,000 fine for each violation of this prohibition, to be collected in a civil action.  The bill provides that each cat, dog, or rabbit sold in violation of the bills’ provisions constitutes a separate offense and a pet shop found liable for three or more violations will be subject to a court order revoking the license of the pet shop, and the court may order a permanent prohibition against the pet shop being licensed or operating in any municipality in the State.

     The bill authorizes a pet shop to:

     (1) sell or offer for sale any other type of animal as may be otherwise permitted pursuant to State law or regulation, or sell or offer for sale pet supplies for any type of animal, including a cat, dog, or rabbit, if it is licensed by its municipality to do so; and

     (2) offer, in collaboration with an animal rescue organization, shelter, or pound, space in the pet shop to showcase cats, dogs, and rabbits that are available for adoption, provided that no payment or compensation, monetary or otherwise, is exchanged between the pet shop and animal rescue organization, shelter, or pound any animal being showcased.

     The bill prohibits animal rescue organizations, animal rescue organization facilities, pet shops, shelters, or pounds from obtaining a cat, dog, or rabbit from a breeder or broker in exchange for any type of compensation.

     The bill specifies that:

     (1) the bill does not alter, diminish, replace, or revoke the requirements for pet dealers or the rights of a consumer purchasing an animal from a pet dealer, as may be provided in law or regulation;

     (2) any provision of law or regulation pertaining to pet shops that does not pertain to the sale of cats, dogs, or rabbits continues to apply to pet shops; and

     (3) no provision of the bill alters, diminishes, replaces, or revokes any recourse or remedy that is otherwise available to a consumer purchasing a cat, dog, rabbit, or any other type of animal provided under any other law.

     The bill specifies that its provisions may not be construed to interfere with the implementation of, or otherwise invalidate, or limit or restrict any municipality, county, local health agency, or municipal or county board of health from enacting or enforcing any law, ordinance, rule, or regulation that places additional obligations or restrictions on kennels, pet shops, kennel or pet shop sales, pet dealers, breeders, brokers, or pet dealer, breeder, or broker sales.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) revise the definition of “pet shop” to remove the criteria that no animals can be born on the premises of the retail establishment;

      (2) revise the definition of “shelter” to include animal rescue organization facilities that otherwise meet the definition’s criteria and retail establishments that do not sell animals, but that keep and display animals for an animal rescue organization, shelter, or pound solely for the purpose of offering the animals for adoption; and

      (3) remove from the bill an exemption from licensure for retail establishments that do not sell animals, but that keep and display animals for an animal rescue organization, shelter, or pound solely for the purpose of offering the animals for adoption

FISCAL IMPACT:

      This bill is not certified as requiring a fiscal note.