Responses to Domesticated Bunny Issue

#1 - December 5, 2024: CAANJ:

Thank you for your response.  However, I believe #1 and #3 conflict with each other.  

Additionally, can you please provide me with the NJ statute and/or regulation that backs a shelter does not have to take in a stray domesticated rabbit?  

NJDOH Response:  

#1 - December 5, 2024: 

N.J.S.A. 4:19-15.16 refers to statutory responsibility of Animal Control Officers; the statutes do not refer to or require a shelter, pound, or kennel operating as a shelter or pound to take all species.

NJDOH does not have the authority to require which species a specific licensed animal shelter can take.

As mentioned in the previous email, for the matter you detail below, please contact the municipal authorities for additional questions or concerns on this matter.

CAA, NJ Response:

#2 - December 6, 2024: 

The New Jersey Department of Health has a clear and statutorily defined responsibility to oversee and regulate every animal shelter in the state. Under NJSA 4:22-15, the definitions of "animal," "pound," and "shelter" make it unequivocal that NJDOH has jurisdiction over establishments where animals are confined, housed, and distributed. Specifically:

• NJSA 4:22-15: "Animal" or "creature" includes the whole brute creation. "Pound" refers to an establishment for the confinement of animals seized under the law. "Shelter" refers to any establishment where animals are received, housed, and distributed.
• NJSA 4:19-15.16: Requires that unclaimed animals be held in accordance with statutory requirements.

Further, NJAC 8:23A outlines specific operational standards for animal shelters, including proper record-keeping, veterinary care, and inspections, and places NJDOH as the regulatory authority responsible for ensuring compliance. When NJDOH or its county health department partners inspect shelters, they are empowered to enforce these statutes and administrative codes. However, inconsistent and selective enforcement has led to confusion and frustration among taxpayers and advocates.

The NJDOH has previously enforced NJAC 8:23A and NJSA 4:19-15.16, as seen in the inspection of the Hamilton Township Animal Shelter. During this inspection, NJDOH health officials enforced the mandatory seven-day hold and impoundment for animals and required proper record-keeping. Despite this precedent, other shelters have operated for extended periods in clear violation of these statutes, such as lacking a veterinarian of record or receiving annual licenses without passing mandatory health inspections, which have been reported to NJDOH. These ongoing issues suggest that enforcement by NJDOH is nonexistent, leaving taxpayers questioning whether NJDOH is fulfilling its statutory obligations.

Under NJSA 26:3A2-21, NJDOH is tasked with overseeing local and county health departments to ensure they effectively enforce state public health laws, including those governing animal shelters. This oversight includes holding these entities accountable for their actions—or lack thereof. When an issue is reported to NJDOH, it is the department's duty to either address it directly or ensure that the appropriate local health agency takes action. Taxpayers should not be expected to navigate these bureaucracies or be advised to report elsewhere themselves; this responsibility falls squarely on NJDOH and the agencies it oversees.

Passing off complaints back to taxpayers to report to county or local health departments without follow-up or resolution represents a failure of NJDOH’s statutory duties. If local authorities fail to act or if the issue involves broader public health concerns, NJSA 26:1A-37 grants NJDOH the authority to step in and take corrective action. Simply referring complaints without oversight contradicts its obligation to ensure compliance with state laws.

It is time for NJDOH to clarify its enforcement policies, take consistent action, and meet its obligations under NJAC 8:23A, NJSA 4:22-15, NJSA 4:19-15.16, NJSA 26:3A2-21, and NJSA 26:1A-37. The statutes governing animal shelters are unambiguous, and their enforcement must be equally clear and consistent. 

NJDOH should demonstrate the accountability and leadership required to protect the welfare of animals in shelters across New Jersey and to maintain the trust of taxpayers who rely on the department to uphold the law.