ASSEMBLY, No.

2532

STATE OF NEW JERSEY

214th LEGISLATURE
INTRODUCED MARCH 16, 2010

Sponsored by: Assemblyman HERB CONAWAY, JR. District 7 (Burlington and Camden) Assemblyman JACK CONNERS District 7 (Burlington and Camden)

SYNOPSIS Establishes notification system for operation of petting zoos and certain animal or agricultural exhibitions; establishes sanitation requirement for human contact with animals. CURRENT VERSION OF TEXT As introduced.

A2532 CONAWAY, CONNERS 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AN ACT concerning human contact with animals at petting zoos and domestic livestock at animal or agricultural exhibitions, shows, fairs and farmers markets, and supplementing Title 4 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. a. No owner or operator of a petting zoo, or of an animal or agricultural exhibition, show, fair or farmers market in which humans may come into personal contact with domestic livestock, may operate the petting zoo or animal or agricultural exhibition, show, fair, or farmers market for use by the general public unless the owner or operator has complied with notification procedures and sanitary guidelines set forth by the Department of Agriculture pursuant to sections 2 and 3 of this act. b. 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 to be domestic livestock for the purposes of this act. 2. The Department of Agriculture shall establish a notification system under which the owner or operator of a petting zoo, or of an animal or agricultural exhibition, show, fair, or farmers market in which humans may come into personal contact with domestic livestock, shall inform the department of the name, location, hours of operation, and seasonal duration of the facility and provide any other information deemed necessary by the department. Notification shall be submitted at least 30 days prior to the first day of operation or once annually in the case of permanent facilities and traveling petting zoos. The information provided to the department under this section shall be considered confidential and not for public release or distribution. Upon notification, the department shall provide the owner or operator with information and materials detailing sanitary guidelines established pursuant to rules and regulations adopted by the department pursuant to section 3 of this act. The department may, on a random basis or in response to reports of violations, inspect facilities to determine whether the sanitary guidelines have been met to the satisfaction of the department. 3. The Department of Agriculture, in consultation with the Department of Health and Senior Services, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the notification of operation and establishment of certain sanitary conditions for any petting zoo or for any animal or agricultural exhibition, show, fair or farmers

A2532 CONAWAY, CONNERS 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 market in which humans may come into contact with domestic livestock. The rules and regulations shall include, but need not be limited to, requirements for: a. hygienic standards established by the Department of Health and Senior Services, in consultation with the Department of Agriculture, including but not limited to the use of hand-cleaning stations, as well as content for signs, as set forth in subsection b. of this section, also developed by the Department of Health and Senior Services, in consultation with the Department of Agriculture, that are designed to minimize or prevent infections to humans after coming in contact with petting zoo animals or domestic livestock; b. the posting of signs prescribed by the Department of Agriculture, in consultation with the Department of Health and Senior Services, that may include the "Lose the Germs" poster series or similar signs and signs indicating (1) the location of the hand-cleaning stations or facilities on the site, (2) the procedure to be followed to ensure proper cleaning of the hands, (3) the importance of cleaning the hands prior to and after contact with the animals, (4) the importance of preventing children from putting their hands or objects, such as pacifiers, into their mouths while interacting with animals, and (5) the health risks associated with diseases transmitted by physical contact with animals; c. the prohibition of human food or drink in animal contact areas; d. the prohibition of the feeding of animals unless the feed is provided by the owner or operator of the petting zoo or animal or agricultural exhibition, show, fair, or farmers market; e. the provision of garbage receptacles for disposal of waste, and ensuring that those receptacles are not accessible to the animals; f. the provision of cleaning supplies in a safe manner to protect visitors and the animals; and g. the departments retention of authority to test animals for disease and related animal health concerns. 4. a. A person violating this act, or any rule or regulation adopted pursuant thereto, may be subject to a civil penalty of up to $1,000. If the violation is of a continuing nature, each day during which it continues shall constitute a separate offense for the purposes of this section. Any civil penalty imposed pursuant to this section may be collected by the Department of Agriculture with costs in a summary proceeding pursuant to the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the Penalty Enforcement Law of 1999. b. The Department of Agriculture may compromise and settle any claim for a penalty under this act in such amount in the

A2532 CONAWAY, CONNERS 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 discretion of the department as may appear appropriate and equitable under all of the circumstances. c. The Department of Agriculture may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent a violation of this act, or any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner. 5. This act shall take effect on the 120th day after the date of enactment, but the Department of Agriculture may take such anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.

STATEMENT This bill provides that no owner or operator of a petting zoo or an animal or agricultural exhibition, show, fair or farmers market in which humans may come into personal contact with domestic livestock may operate any of these facilities unless the owner or operator has complied with notification procedures and sanitary guidelines established by the Department of Agriculture. Under these procedures, owners or operators of these facilities must notify the department at least 30 days in advance of their first day of operation, or once annually for year-round facilities and traveling petting zoos, and provide certain confidential information deemed necessary by the department. The department would then be required to provide owners or operators with information and materials detailing sanitary guidelines and conditions that must be met as a condition of operation. The department would have the right to inspect any facility on a random basis for compliance with the sanitary guidelines set forth in the bill at any time prior to or after its first day of operation. The bill also provides that the department may impose a civil fine of up to $1,000 for violations, with each day during which the violation continues constituting a separate offense.