HEALTH AND SENIOR SERVICES
PUBLIC HEALTH SEVICES BRANCH
DIVISION OF EPIDEMIOLOGY AND ENVIRONMENTAL AND OCCUPATIONAL
HEALTH
COMMUNICABLE DISEASE SERVICE
INFECTIOUS AND ZOONOTIC DISEASE PROGRAM
Importation of Dogs, Reporting of Rabies in Animals, Control of Avian
Chlamydiosis in Pet Birds, Sales and Distribution of Turtles and Turtle
Eggs, and Transportation by Animal Control Officers
Proposed Readoption with Amendments: N.J.A.C. 8:23
Authorized By:
Poonam Alaigh, MD, MSHCPM, FACP, Commissioner, Department of Health
and Senior Services, in consultation with Public Health Council, Herbert Yardley,
MA, Chairperson.
Authority: N.J.S.A. 26:1A-7 and 26:4-78, 79, 80 and 81; and 4:19-15.16.
Calendar Reference: See Summary below for explanation of exception to calendar
requirement.
Proposal Number: PRN 2011
-
.
Submit written comments by
, 2011 to:
Devon L. Graf, Director
Office of Legal and Regulatory Compliance
New Jersey Department of Health and Senior Services
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
PO Box 360
Trenton, NJ 08625-0360
The agency proposal follows:
Summary
N.J.A.C. 8:23 establishes standards for importation of dogs, reporting of rabies in
animals, control of avian chlamydiosis in pet birds, sales of turtles and turtle eggs, and
transportation by animal control officers.
Following is a summary of the regulatory history of the chapter.
The last notice of proposal to readopt N.J.A.C. 8:23 provides a summary of the
regulatory history of the chapter from prior to 1969 until April 2005. 37 N.J.R. 1113(a)
(April 18, 2005).
In April 2005, the Department proposed to readopt N.J.A.C. 8:23 with
amendments, repeals and a new rule. Id. The Department proposed to repeal N.J.A.C.
8:23-1.6, which prohibited the sale of milk from dairy animals unless the animals were
free from brucellosis because the rule was redundant of other more specific rules of the
Departments of Health and Senior Services and Agriculture requiring brucellosis testing
of dairy herds and prohibiting the sale of milk from dairy herds not proven free from
brucellosis. Id. A proposed repeal and new rule addressed reporting of animals known
to be or suspected of being rabid. Proposed amendments expanded reporting
requirements for psittacosis occurrences in all birds and not just those of the psittacine
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
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family, and revised the rule governing the sale of viable turtle eggs and live turtles to
mirror the FDA ban on the sale of viable turtle eggs and live turtles with a carapace
length of less than four inches, thereby eliminating potential ambiguity or conflict
between the State and Federal laws. Id.
On September 14, 2005, Acting Governor Sires extended the expiration date of
N.J.A.C. 23 from September 16, 2005, to September 15, 2006. 37 N.J.R. 4019(a)
(October 17, 2005). The Department adopted the proposed readoption with
amendments, repeals and new rule, with substantive and technical amendments. 38
N.J.R. 1733(b) (April 17, 2006). Changes on adoption deleted references to the term,
“psittacosis,” added in its stead references to the more appropriate terminology, “avian
chlamydiosis,” limited the applicability of bird quarantine and bird sale recordkeeping
requirements to pet birds to avoid conflict with the jurisdiction of the Department of
Agriculture, made the quarantine obligations of local health officers in occurrences of
avian chlamydiosis in pet birds applicable only upon diagnosis of the disease by a
veterinarian, and made corresponding changes to the chapter heading.
The Department anticipates reviewing N.J.A.C. 8:23-1.4 with a view toward the
development of future rulemaking with respect to the authority of health officers to
receive and investigate reports from veterinarians, managers of licensed animal
facilities, and certified animal control officers, and to order pet birds confined due to
infection by, or exposure to, avian chlamydiosis (Chlamydophila psittaci).
Subject to this anticipated analysis, the Department has reviewed N.J.A.C. 8:23
and has determined that the rules contained therein remain necessary, adequate,
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
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reasonable, efficient, understandable, and responsive to the purposes for which they
were originally promulgated. As described below and in the Social Impact, this
subchapter has protected, and would continue to protect, public health. Therefore, the
Department proposes to readopt the chapter with technical amendments.
N.J.A.C. 8:23 was to expire on March 14, 2011. In accordance with N.J.S.A.
52:14B-5.1c, the filing of this notice of proposal with the Office of Administrative Law
prior to the expiration date of the chapter operated to extend the chapter expiration date
to September 10, 2011.
Following is a summary of the rules proposed for readoption and the proposed
amendments.
The Department proposes an amendment to the chapter heading to correct a
grammatical error and to reflect that the chapter addresses sales and distribution of
turtles and turtle eggs.
Subchapter 1 addresses importation of dogs, rabies reporting, transportation of
confined animals, and control of chlamydiosis in pet birds. N.J.A.C. 8:23-1.1
establishes standards and certification requirements for importation of dogs and
establishes the required contents of a health certificate that must accompany the
animal.
N.J.A.C. 8:23-1.2 establishes standards for reporting cases of rabies in animals
and identifies the required content of a report. N.J.A.C. 8:23-1.3 establishes standards
for transportation of confined animals and prohibits transportation absent the permission
of a local health authority pursuant to conditions the Department establishes.
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
N.J.A.C. 8:23-1.4 establishes standards for quarantine and testing of pet birds
diagnosed with avian chlamydiosis and transportation of quarantined pet birds. The
Department proposes to amend N.J.A.C. 8:23-1.4(b) and (c) to delete references to the
term, “psittacosis,” and to add in their stead references to the term, “avian
chlamydiosis.” In modern public health terminology, “avian chlamydiosis” refers to the
disease caused by Chlamydophila psittaci occurring in birds that is transmissible to
humans, causing the disease known as “psittacosis.” Upon the readoption of this
chapter in 2006, the Department changed N.J.A.C. 8:23-1.4(a) to delete the term,
“psittacosis,” and to add in its stead the term, “avian chlamydiosis,” but inadvertently
omitted to make this change at (b) and (c) in that notice of readoption. See 38 N.J.R.
1733(b), 1735 (April 17, 2006), at Summary of Agency-Initiated Changes at 1. As
stated therein, continued use of the term, “psittacosis,” to refer to the disease as it
occurs in birds is incorrect and could be confusing.
N.J.A.C. 8:23-1.5 establishes recordkeeping standards applicable to dealers in
pet birds.
Subchapter 2 establishes standards for the sale or distribution of viable turtle
eggs and live turtles. N.J.A.C. 8:23-2.1 generally prohibits the sale or distribution of
viable turtle eggs, live turtles of carapace length of less than four inches, and other
turtles except those demonstrated to the Department to be free from Salmonella
contamination. N.J.A.C. 8:23-2.1(c) establishes the opportunity for Department waiver
of this prohibition for research and zoological purposes and for food.
5
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
Subchapter 3 establishes standards for animal transportation by animal control
officers. N.J.A.C. 8:23-3.1 requires animal control officers transporting animals to
comply with the transportation standards contained in N.J.A.C. 8:23A.
The Department has provided a 60-day comment period for this rulemaking.
Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this rulemaking is exempt from the
rulemaking calendar requirements at N.J.A.C. 1:30-3.1 and 3.2.
Social Impact
The rules proposed for readoption have benefited and would continue to benefit
society by protecting the public from zoonotic diseases, and by ensuring the safe
transport of impounded animals by animal control officers.
N.J.A.C. 8:23-1.1 and 1.2, relating to rabies control, remain necessary to protect
the public from the ever-present threat of rabies in raccoons, bats and other animals in
the State.
Pursuant to N.J.S.A. 26:4-82, 83, and 84, animals potentially exposed to rabies
virus and those that bite or attack people must be confined by order of a local health
agency, to permit effective monitoring so appropriate action can be initiated if an animal
develops clinical signs of rabies. N.J.A.C. 8:23-1.3 would continue to prohibit
transporting such animals from confinement without the appropriate permission as
specified therein, thereby protecting the public by ensuring that persons exposed to
rabies receive prompt post-exposure prophylaxis to prevent infection, as well as
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
protecting the public and other animals from exposure to potentially rabid animals until a
conclusive determination as to an animal’s exposure can be reached.
N.J.A.C. 8:23-1.4 and 1.5, pertaining to avian chlamydiosis in pet birds and
control measures to prevent infections in people (that is, psittacosis), remain necessary
to continue to protect the public, especially considering the general aging of the
population, the higher susceptibility of the elderly to psittacosis, and the popular trend of
keeping birds in nursing homes as pets.
N.J.A.C. 8:23-1.4 would continue to require veterinarians, managers of licensed
animal facilities, and certified animal control officers to report pet birds infected with
avian chlamydiosis to the Health Officer with jurisdiction over the location where the
birds are housed. Health Officers are to investigate and implement disease control
measures, such as bird testing, isolation of infected birds and quarantine of exposed
birds, to prevent further spread of the disease to birds or humans, under to guidance of
the Department and consistent with national guidelines published by the National
Association of State Public Health Veterinarians.
N.J.A.C. 8:23-1.5 would continue to require dealers in pet birds to maintain
records of transactions in pet birds. This would continue to protect the public from the
spread of zoonotic disease from pet birds, and may protect pet bird dealers from
unwarranted claims that they had sold infected birds.
Exotic animal dealers have protested the restriction on turtle sales and
distribution provided at N.J.A.C. 8:23-2.1. The Department has determined that the
benefit to the public in preventing the transmission of salmonellosis from pet turtles
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
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through the enforcement of N.J.A.C. 8:23-2.1 outweighs both the potential economic
loss of income to these dealers caused by the restriction, and the potential loss to the
public of the companionship benefits of pet turtle ownership caused by the restriction.
The rule reflects the FDA ban on the sale of viable turtle eggs and live turtles of
carapace length less than four inches, enacted in 1975.
The National Association of State Public Health Veterinarians, as well as many
other public health organizations, animal welfare groups, and wildlife protection
organizations, strongly recommend that wild animal species not be kept as pets, due to
both the public health risks and the wildlife and animal protection issues involved.
N.J.A.C. 8:23-2.1 protects the public health, and provides protection to wild turtle
species by preventing their exploitation as pets. It has become common knowledge that
the trade of wild animals as pets has resulted not only in the endangerment of wild
species, but also in the inhumane deaths of such animals due to improper shipping,
care, housing and release to the environment of the animals by pet dealers. Surviving
animals may die after purchase by laypersons, who are frequently ill-equipped and
educated to provide for the adequate care and housing of such animals. Purchasers of
turtles and other wildlife are frequently unaware of the dangers of zoonotic disease
transmission from keeping these animals in the home. There are numerous zoos and
wildlife education centers in New Jersey and in nearby states that display wild turtles
species and provide the public with educational information on them. Domestic animal
species such as dogs, cats, hamsters and guinea pigs are more suitable as pets in
comparison to wildlife species.
8
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
Compliance with N.J.A.C. 8:23-3.1 has required and would continue to require
animal control agencies appointed by local governing bodies not affiliated with a
licensed animal pound or shelter to provide the same sanitation and animal care
practices and standards during transport as those affiliated with a licensed animal
pound or shelter. This ensures proper animal care and promotes uniformity in the
operations and conduct of animal control officers. Failure to readopt this section would
create an inconsistent or double standard for transport of animals depending on
whether the transporting animal control officer is affiliated with a licensed animal facility,
and could result in illness, injury or death of animals not transported under proper
conditions.
Economic Impact
Compliance with N.J.A.C. 8:23-1.1 has required and would continue to require
individuals importing dogs into the State to incur costs for veterinary examinations to
obtain the required certificate.
Compliance with N.J.A.C. 8:23-1.2, which requires reporting cases of rabid or
suspect rabid animals to local health agencies has caused, and may continue to cause
persons submitting such reports to incur administrative expenses associated with
making such reports such as postage, paper, and electricity, and, when reporters are
businesses, minimal costs of personnel time.
Compliance with N.J.A.C. 8:23-1.3, which requires persons seeking to transport
confined animals to obtain permission from the Department, has caused, and may
9
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
continue to cause, entities seeking such permission to incur administrative expenses
associated with requesting permission and, when such entities are businesses, minimal
costs of personnel time.
Compliance with N.J.A.C. 8:23-1.4(a) has required and would continue to require
dealers of pet birds to incur expenses relating to isolating and quarantining birds,
cleaning and disinfection, and use of personal protective equipment for workers in
contact with infected or potentially infected birds. Compliance with N.J.A.C. 8:23-1.4(c)
has required and would continue to require bird owners to incur laboratory testing fees
for birds suspected of having avian chlamydiosis. Compliance with N.J.A.C. 8:23-1.4(d)
has required and would continue to require persons seeking to transport quarantined
birds to obtain permission as specified therein has caused, and may continue to cause,
entities seeking such permission to incur administrative expenses associated with
requesting permission and, when such entities are businesses, minimal costs of
personnel time.
Compliance with N.J.A.C. 8:23-1.5, which requires psittacine bird dealers to
maintain records and to make them available for inspection has required and would
continue to require such bird dealers to incur administrative expenses associated with
record creation, maintenance, and storage. The Department believes that maintenance
of records of psittacine bird transactions would continue to protect such bird dealers
from potential liability associated with bird purchasers becoming ill from birds infected
with diseases that are communicable to humans, by providing proof of the infected
bird’s good health at the time of the transaction.
10
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
Compliance with N.J.A.C. 8:23-2.1 has required and would continue to require
entities seeking to sell live turtles to either ensure that turtle shipments are certified to
be free from Salmonella, or to incur costs associated with bacteriological testing on
turtles to attempt to certify that they are free of Salmonella. The Department does not
believe that the market for pet turtles in the State is large, and does not believe that
N.J.A.C. 8:23-2.1 has prevented pet dealers from realizing profits from selling other pets
in this area.
The Department believes that the savings realized by preventing zoonotic
disease transmission significantly outweighs the costs for compliance with these rules.
These savings are realized in the areas of medical care costs and losses in productivity
that would be incurred because of disease transmission, as well as in the potential loss
of life.
Animal control agencies that are not affiliated with a licensed animal pound or
shelter have incurred and may continue to incur increased costs associated with
upgrading their sanitation and animal care practices and standards during transport.
Federal Standards Analysis
The FDA banned the sale or commercial distribution of viable turtle eggs and
small turtles of carapace length less than four inches subject to certain exceptions,
pursuant to 21 C.F.R. § 1240.62, effective May 1975. The ban applies to both interstate
and intrastate sales and distribution. There are no Federal standards applicable to
sales of live turtles of carapace length of four inches or greater. N.J.A.C. 8:23-2.1
11
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
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prohibits sales of viable turtle eggs and live turtles of carapace length under four inches
(“small turtles”) in New Jersey subject to the FDA’s delineated exceptions, and would
continue to prohibit the sales of live turtles of carapace length of four inches or greater
(“larger turtles”) absent proof that turtle shipments are free from Salmonella
contamination. Therefore, N.J.A.C. 8:23-2.1 as would be consistent with the Federal
ban on the sale of turtle eggs and small turtles, and would provide protections regarding
larger turtles, the sale of which the Federal government does not regulate. The cost
burdens of the requirement that larger turtles be proven to be Salmonella-free is
described in the Economic Impact above. The Department has determined that the
rule’s benefit of protecting public health, wildlife, and promoting animal welfare, as
discussed in the Social Impact and Economic Impact, above, outweigh these burdens.
Except as described above, there are no Federal standards applicable to the
rules proposed for readoption and the proposed amendments.
Jobs Impact
The rules proposed for readoption have not resulted in the creation or loss of
jobs in the State, and the Department does not anticipate that the rules proposed for
readoption and the proposed amendments would result in the creation or loss of jobs in
the State.
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
Agriculture Industry Impact
N.J.A.C. 8:23-1.2 requires reports of suspected or diagnosed rabies in any
animal to local health officers, as does N.J.A.C. 8:57-1.8(b), the communicable disease
reporting standards. N.J.A.C. 8:23-1.4 requires reports of diagnosed cases of avian
chlamydiosis in pet birds to local health agencies.
N.J.A.C. 2:2, the Disease Control Program rules of the Division of Animal Health
of the New Jersey Department of Agriculture, establishes standards requiring reporting
of “infectious, contagious, and hazardous diseases and agents” to “protect the health of
livestock, poultry, aquacultured aquatic organisms or species and animals raised for fur
in New Jersey.” 41 N.J.R. 4349(a), 4350 (December 7, 2009). That chapter requires
reporting of diseases infectious to livestock, including rabies, and avian chlamydiosis in
poultry to the Department of Agriculture.
Subject to the foregoing, the rules proposed for readoption and the proposed
amendments have not had an impact on the agriculture industry of the State and the
Department does not anticipate that the rules proposed for readoption and the proposed
amendments would have an impact on the agriculture industry of the State.
Regulatory Flexibility Analysis
The rules proposed for readoption at N.J.A.C. 8:23 have imposed, and, upon the
adoption of the proposed amendments, would continue to impose reporting,
recordkeeping, and other compliance requirements on pet dealers, pet shop owners,
and veterinarians, some of whom may be small businesses within the meaning of the
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
published in the New Jersey Register or New Jersey Administrative Code. Should there be any
discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. These reporting, recordkeeping,
and compliance requirements are described in the Summary, above. Potential costs to
small businesses are the same as those imposed on all businesses, as described in the
Economic Impact, above.
The rules may require dealers in pet birds and turtle dealers to obtain the
professional services of laboratories to certify that animals they wish to sell are free of
disease. The need for these services would depend on whether the dealer imports, or
otherwise deals in, animals that are already certified free from disease. Laboratory fees
vary depending on the nature of the test and the number of tests performed.
Except as described above with respect to the rules proposed for readoption at
N.J.A.C. 8:23-1.4 and 1.5 relating to control of avian chlamydiosis, the Department does
not anticipate that small businesses would require the services of professionals in order
to comply with the rules proposed for readoption at N.J.A.C. 8:23.
The Department has determined that the rules proposed for readoption and the
proposed amendments would continue to provide the minimum standards necessary to
protect the public health, safety, and welfare through the prevention and control of
zoonotic diseases among animals, thereby preventing the spread of such diseases to
humans. Therefore, the Department has provided no differing or lesser standards
based on business size.
Smart Growth Impact
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The official version of any departmental rulemaking activity (notices of proposal or adoption) are
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discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
The rules proposed for readoption have not had, and upon the adoption of the
proposed amendments would not have, an impact on the achievement of smart growth
and the implementation of the State Development and Redevelopment Plan.
Housing Affordability Impact
The rules proposed for readoption have had, and upon the adoption of the
proposed amendments would have, an insignificant impact on affordable housing in
New Jersey, and there is an extreme unlikelihood that rules proposed for readoption
and the proposed amendments would evoke a change in the average costs associated
with housing because the rules for readoption and the proposed amendments would
affect only importation of dogs, reporting of rabies in animals, control of avian
chlamydiosis in pet birds, sales of turtles and turtle eggs, and transportation by animal
control officers, and would have no bearing on housing costs.
Smart Growth Development Impact
The rules proposed for readoption have had, and upon the adoption of the
proposed amendments would have, an insignificant impact on smart growth. There is
an extreme unlikelihood that the rules proposed for readoption and the proposed
amendments would evoke a change in housing production in Planning Areas 1 or 2 or
within designated centers under the State Development and Redevelopment Plan in
New Jersey because the rules proposed for readoption and the proposed amendments
would affect only importation of dogs, reporting of rabies in animals, control of avian
15
The official version of any departmental rulemaking activity (notices of proposal or adoption) are
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discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
chlamydiosis in pet birds, sales of turtles and turtle eggs, and transportation by animal
control officers, and would have no bearing on housing production.
Full text of the rules proposed for readoption can be found in the New Jersey
Administrative Code at N.J.A.C. 8:23.
Full text of the proposed amendments follows (additions indicated in boldface
thus; deletions indicated in brackets [thus]):
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discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
CHAPTER 23
IMPORTATION OF DOGS, REPORTING OF RABIES IN ANIMALS, CONTROL OF
AVIAN CHLAMYDIOSIS IN PET BIRDS, SALES AND DISTRIBUTION OF TURTLES
AND TURTLE EGGS [SALES], AND TRANSPORTATION BY ANIMAL CONTROL
OFFICERS
8:23-1.4 Quarantine, testing and transportation of quarantined pet birds
(a) (No change.)
(b) The right of the Department of Health and Senior Services to establish bird
quarantine procedure for any area of the State wherein [psittacosis] avian
chlamydiosis exists, or danger exists of the spread of that disease, shall not be
considered as limited or otherwise affected by the provisions of this chapter.
(c) Laboratory testing when appropriate shall be performed on quarantined
bird(s) suspected of having [psittacosis] avian chlamydiosis and the fees for such
testing shall be paid by the owner of the bird(s).
(d) (No change.)
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discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.
H:\Legal\Rulemaking\NJAC 8-23\2011 Readoption\Proposal\Notice of Proposal 3.doc
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discrepancies between this document and the official version of the proposal or adoption, the
official version will govern.