New Jersey

This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture.   Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable. This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008).

An owner of a horse farm acquired a new horse that had only recently been broken in and got a woman with some health problems to ride the horse. The horse bucked and threw the defendant off the horse causing injury. The court held that even though riders assume the risk of most injuries, a horse owner can be liable for failure to take reasonable measures to match the rider to a suitable horse.

The adoption of a dog was invalidated and the court ordered its return to the original owner. The shelter's placement of the dog with a new family was invalid because the shelter agreed that it would hold the dog for a certain period of time.

This appeal presents a challenge by Anthony Tavalario to the manner in which the State Agricultural Development Committee (SADC) determines whether keeping horses on property constitutes a "commercial" agricultural operation that exempts the property from local zoning and other land use restrictions as the result of the preemptive force of the Right to Farm Act, N.J.S.A. 4:1C-1 to -10.4. The SADC found that Tavalario's use of the land did not qualify for protection under the Act, because he could not demonstrate that, as of July 3, 1998, his operation produced "agricultural or horticultural products worth $2,500 or more annually" as required by the definitional section of the Act. Tavalario contends on appeal that the SADC erred because it failed to consider as income in 1998 uncollected stud fees, the imputed value of a horse sold as a broodmare in 2002 for $8,000 and another horse sold in 2003 for $5,400, and race winnings of an undisclosed amount allegedly awarded at an unspecified time after 1998. The court found no grounds for reversal of the SADC's interpretation of the production requirements of the definition of "commercial farm" found in N.J.S.A. 4:1C-3 or its application to Tavalario's case.

This set of New Jersey regulations first defines "exotic mammal, bird, reptile or amphibian” as any nongame species or mammal, bird, reptile or amphibian not indigenous to New Jersey. Except as provided, no person shall possess any nongame species or exotic species of any mammal, bird, reptile or amphibian unless such person has first received both the appropriate permit from the Department of Environmental Protection. Some exotic species that require a permit for possession include ferrets, pythons, and monitors. Permit fees range from $10 for the individual hobby to $100 for an animal dealer. The regulations also define a "potentially dangerous species” as any exotic mammal, bird, reptile or amphibian or nongame species which is capable of inflicting serious or fatal injuries or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations. Some of these species include non-domestic dogs, baboons, monkeys, bears, non-domestic cats, gila monsters, alligators, and ground squirrels.