N.J. Admin. Code § 2:8-8.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 2:8-8.5 - Procedures for obtaining inspection of premises and records

(a) Any investigating authority shall make reasonable efforts to contact each person having custody of or responsibility for any domestic livestock, or the manager of any show, exhibition, sale, auction, slaughter house or other facility which keeps or holds domestic livestock, in order to obtain consent for the inspection of any animal, or of any records pertinent to the alleged violation.

(b) If the investigating authority is unable to obtain consent for an adequate and timely inspection as provided in (a) above, he or she shall make an application to a court having jurisdiction over violations of these rules for a warrant to enter and search buildings or places wherein it is reasonably believed that such law or regulation is being violated.

(c) The biosecurity protocols set forth in N.J.A.C. 2:8-8.1 must be followed during each investigation on all livestock premises.

(d) If the inspecting authority determines that animals' lives are in imminent peril; that it would be fruitless to pursue a request for a voluntary inspection; that there is a possibility that the animals will be moved if advance notice is given; or that a consensual inspection otherwise is not practical, it shall not be necessary to make efforts to arrange for voluntary access to premises and inspection of animals or records before seeking a warrant.

(e) For the purpose of examination, testing, or taking of evidence, the investigating authority may recommend that the State Veterinarian quarantine the domestic livestock, where there is probable cause to believe they are being treated cruelly, to any premises on which they are located, including, but not limited to, a show, exhibition, sale or auction.

1. Such detained animals must be marked for identification and such identifying markings shall not be removed by any person other than a representative or agent of the Department of Agriculture.

i. Animals under quarantine shall only be moved with the authorization of the State Veterinarian.

(f) The NJSPCA, county SPCAS, State or local authorities may also apply to a court of competent jurisdiction for an injunction preventing the removal of the animals.

(g) An investigating authority conducting an inspection of domestic livestock and premises shall:

1. Visit the location where the complainant indicates that cruelty has occurred, or the current location of the animal;

2. Identify the domestic livestock about which the complaint was made, using the complainant's description of the animal;

3. Inspect the animal and the conditions under which the animal is kept; and, if the inspection is conducted by a New Jersey licensed veterinarian, examine the animal;

4. Collect any necessary site samples for testing, and record findings; however, samples may be taken from the animals only by a New Jersey licensed veterinarian;

5. Request any necessary records from the person having custody of or responsibility for any domestic livestock; and

6. Provide a receipt for any records removed from the site.

(h) After the inspection, the investigating authority will record:

1. The results of the investigation; and

2. The nature and purpose of any samples taken for later analysis.

(i) The investigating authority that takes the samples is responsible for maintaining and recording a custody chain for any samples collected.

(j) Nothing in these rules shall be deemed to insulate an investigating authority from liability as otherwise provided by law.

(k) If the investigation is conducted by or on behalf of the Department of Agriculture, the CLI who takes the samples is responsible for maintaining and recording a custody chain for any samples collected.

1. The custody chain protocol, as determined by the NJDA, will be maintained.

2. A CLI conducting a re-inspection will prepare and provide to the State veterinarian a full set of the same records as are required for an initial inspection.

N.J. Admin. Code § 2:8-8.5