Legal Analysis: NJ Pet Purchase Protection Act and Related Cases

This case study analyzes the New Jersey Pet Purchase Protection Act, a law designed to protect consumers and animals from unethical practices in the pet industry. It examines the factors leading to the Act's formation, including the poor conditions in 'puppy mills' and 'kitten mills,' where animals often suffer from health and psychological issues. The study defines the term 'pet' and explores the challenges associated with it. It also discusses the Act's regulatory aspects, including compliance requirements, documentation, and the role of the Commerce Clause. The case study further delves into relevant legal cases such as Just Pups, LLC v. Twp. of E. Hanover and Chiesa v. Levine, highlighting the legal issues and outcomes. The analysis underscores the Act's focus on animal health, consumer protection, and the importance of ethical practices in the pet trade, providing a comprehensive overview of the legal framework and its practical implications.

Animal purchase
protection

New Jersey Pet Purchase Protection
Act
“Pet Purchase Protection Act” acts against the pet shops in new jersey selling the sick and unwell
puppies and other animals to the clients and it is to be noted that the breeding facilities which are
large in number, that sells the animals which are unhealthy, to the clients, are also against New
Jersey Pet Purchase Protection Act. The law was focused to protecting the right of the animals to
healthy life in a human dominated society. The laws protect the persons ho are purchasing these
animals from the pet shops and the online sellers as well as the large brokers who are involved in this
animal selling business.

Factors leading to New Jersey Pet
Purchase Protection Act
There are various factors that led to formation of this act and these are generally the psychology
and health factors that affected the lives of the animals in the ‘puppy mills’ and the ‘kitten mills’.
These are primarily the mills where the animals are bred and critically enough, there are lack of
hygiene, the veterinary care is non existent, nutritious food is lacking. There is also shortage of
water, socialization, proper shelter, exercise and space for the animals that would keep them
healthy. Thus, the animals are generally affected with some or the other types of psychosocial,
deficiency, nutritional or behavioral problem when they are being sold to the customers who are
completely unaware of it. Thus it is both unsafe for the animals and the humans buying to have this
transaction. That is why this New Jersey Pet Purchase Protection Act to prevent the illegal selling of
‘pets’ (Lee et al. 2017)
The ‘Pet Purchase Protection Act’ was revised to form the New Jersey Pet Purchase Protection Act.

Issues concerning the term ‘Pet’
The term ‘pet’ can be defined as an animal who is kept in a home or in domestic environment for
companionship and pleasure.
There are issues with the definition itself that if an animal kept in the house for pleasure, then it can
be abuse and ill treated because there is no sense of companionship and no sense of empathy for the
animal who is staying with the family. Then the animal, the so called ‘pet’ can be subjected to
violence, abuse, unhealthy environment, unsafe environment, unhygienic life and lack of the clinical
support when required. Thus , the behavioral parameters and sense of responsibility that come
ethically with the keeping of a pet, is often missing that creates more issues.

CONDUCT IN OTHER STATES
The law directly does not affects the selling behavior and the purchase of the unhealthy animals as
‘pets’ in the other states, like it does in New Jersey. But it is to be critically noted that the perspective
of the New Jersey Pet Purchase Protection Act is unique and it puts into clause, various illegal acts
and offensive trade ways done and created by the owner of the pet shops, online sellers, the brokers
and puts a heavy penalty and action of the same. Not only it protects the health of animals but also
the psychosocial health of the consumers – which has influenced the rise of new and similar laws in
the other states.

REGULATION AND COMPLIANCE
The New Jersey Pet Purchase Protection Act comes with the compliance
with documentary and certification process. This includes the name of owner;, The
breed, sex, age, color of animal with the date of examination, veterinarian’s
findings statement, it should be mentioned if the ‘animal is unfit for purchase’, the
veterinarian's fees should be itemized as on the certification day, a death certificate
if the animal has died, in case the animal can be cured, that is the attempt to cure
and the cost of same. In addition to this, address and name of the certifying
veterinarian.

THE ‘CONTROL’
• The New Jersey Pet Purchase Protection Act and laws have a control over the pet stores, kennels
shelters and animal rescue organizations as it focusses to help them comply with the health care
and medical care disciplines and process, surrounding the health and well being of the ‘animals’.
The documentation process and also the very certification process is critical to the legal
maintenance of the animals in the facility prior to purchase and it is also important according to
the New Jersey Pet Purchase Protection Act, that the consumers must be given enough rights to
know about the animal before they purchase the same.
• Different entities have different set of rules but the general idea is kept the same.

Commerce clause
At times, there is violation of the constitution (that is the Commerce Clause) given the fact that the
animals are transferred across the boundaries and being sold and purchased across the different
territories, illegally (Silver 2017)
According to the complaint in regards to the extraterritorial control, there is discrimination
being done against the state producers, pork sellers by impermissibly controlling the extraterritorial
control beyond borders of California. The interstate laws are being rigid and it is burdening the trade
and transactions (Njleg.state.nj.us 2020)

Health or other risks
The animal rescue organization are often not hygienic and safe and it poses more than physical
risks, that is complex psychosocial issues to the well being of the animals. Thus, it is critical that the
animals that are cared in the centers are protected and cared for properly with the help of the
clinical specialties and animal health care specialists and the ecologists as well as the environmental
must be collaborated with , in order to deliver a safe and risk free care to the animals in the facility.
The professional animal rights workers must also be included in the process as well (Burger,
Gochfeld and Lacy 2019)

Pups, LLC v. Twp. of E. Hanover
The state law that was involved was New Jersey law.
The facts were that most of the animals in the facility were unfit
for purchase and they also lacked the hygiene conditions required to
keep the animals.

Chiesa v. Levine, A-4055-11T3, 2013
WL 3284131
The issues were that the consumers were provided with animals that
were not checked by the veterinarian and the consumers were not
given the right information about the condition of the pets.

references
Burger, J., Gochfeld, M. and Lacy, C., 2019. Concerns and future preparedness plans of a vulnerable
population in New Jersey following Hurricane Sandy. Disasters, 43(3), pp.658-685.
Silver, S. M. 2017. Hero or Villain: The New Jersey Consumer Fraud Act. Seton Hall Legis. J., 42, 235.
Lee, C.T., Slavinski, S., Schiff, C., Merlino, M., Daskalakis, D., Liu, D., Rakeman, J.L., Misener, M.,
Thompson, C., Leung, Y.L. and Varma, J.K., 2017. Outbreak of influenza a (H7N2) among cats in an
animal shelter with cat-to-human transmission—New York City, 2016. Clinical Infectious Diseases,
65(11), pp.1927-1929.
Njleg.state.nj.us. 2020. S3041. [online] Available at:
https://www.njleg.state.nj.us/2016/Bills/S3500/3041_I1.HTM [Accessed 14 Feb. 2020]