New Jersey Statutes · Titles 1–59

Title 4: Agriculture and Domestic Animals

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On this page 3 sections
  1. The college version
  2. Study tools
  3. Sources & references

The college version

Title 4 of the New Jersey Revised Statutes is the State's comprehensive code governing agriculture and the care, control, and regulation of domestic animals. It addresses farming operations, including the production and sale of agricultural and horticultural products, food and dairy safety, fertilizer and pesticide regulation, and the prevention and control of animal diseases. The Title also contains the Dog Law of 1939 (N.J.S.A. 4:19-1 et seq.), which regulates dog licensing, impoundment, and liability for dog attacks, including the strict-liability provision of N.J.S.A. 4:19-16, which makes a dog's owner liable for damages for bites regardless of the dog's prior viciousness. Finally, Chapter 22 criminalizes cruelty to animals, including neglect, abuse, and abandonment, with penalties ranging from disorderly persons offenses to fourth-degree crimes (N.J.S.A. 4:22-17). Together, these provisions balance agricultural productivity and animal ownership with public health, safety, and humane treatment of animals.

Section 2: ELI-10 Explanation

Think of Title 4 as the "rulebook for farms and furry friends." It has rules that help farmers grow safe food, like making sure milk is clean and pesticides are used carefully, so the food we eat is safe. It also has rules for people who have pets. For example, if a dog bites someone, the dog's owner has to pay for the hurt person's medical bills — even if the dog never bit anyone before and the owner didn't think it would. And there are rules against being mean to animals: you cannot hurt them, starve them, or leave a dog locked in a hot car. If someone breaks these rules, they can get fined, go to jail, or even have their animal taken away. It's like a big agreement: farmers and pet owners take good care of the animals and the land, and in return everyone stays safe and animals are treated kindly.

Section 3: General Application & Case Example 1

How It Is Applied

Title 4 operates through a blend of administrative regulation, licensing, civil liability, and criminal enforcement. The New Jersey Department of Agriculture and local boards of health administer most of its programs: farmers and food processors must meet labeling, grading, and inspection standards for dairy and food products; fertilizers and pesticides are registered, and their use is restricted, to protect crops, consumers, and the environment; and animal health officials quarantine or destroy diseased livestock to prevent outbreaks. Animal control officers and municipalities enforce the Dog Law, which requires dog licensing and vaccination, authorizes impoundment of stray or dangerous dogs, and subjects owners to fines for violations. Civilly, N.J.S.A. 4:19-16 imposes strict liability on dog owners for bite damages, so a victim can recover medical costs and other losses without proving negligence. Criminally, Chapter 22 punishes cruelty to animals. The Title thus governs individuals (pet owners, farmers), businesses (food processors, pesticide dealers), and government agencies alike, using permits, inspections, registrations, monetary penalties, and forfeiture of animals as its principal mechanisms.

Case Example

  • Case Name & Citation: DeRobertis v. Randazzo, 94 N.J. 144, 462 A.2d 1260 (1983)
  • Statute Applied: N.J.S.A. 4:19-16
  • Brief Summary: Five-year-old Peter DeRobertis was bitten on the head by defendant Randazzo's dog while on the property of Randazzo's auto body shop, where his father worked. The jury was never asked whether the boy was lawfully on the property, and it returned a verdict for the plaintiffs. The Supreme Court held that N.J.S.A. 4:19-16 imposes absolute liability on a dog owner whose dog bites someone "lawfully on or in a private place, including the property of the owner of the dog," but that a trespasser is outside the statute's protection and would be governed instead by common-law principles. Because the lawfulness of the child's presence was a contested factual issue that the trial court failed to submit to the jury, the Court reversed and remanded for a new trial. The case shows that Title 4's dog-bite liability is strict, but its reach depends on the victim's lawful presence on the premises.
  • Source Link: https://scholar.google.com/scholar_case?case=1257221547987719483

Section 4: ELI-10 Application & Case Example 2

Real World Example (Explained Simply)

Imagine your neighbor keeps a big dog in a tiny pen with no food or water, and the dog is getting sick. That is cruelty — breaking the rule that says animals must get "necessary care." A police officer or animal control officer can come, take the dog to a shelter, and the neighbor can be fined or even go to jail for up to six months. Now imagine the same neighbor lets that dog run loose and it bites your little brother in the park. Under the dog-bite rule, the neighbor has to pay for your brother's doctor visits and medicine, even though the dog had never bitten anyone before and the neighbor kept saying, "My dog would never bite." Title 4 is the reason the dog gets rescued, the neighbor gets in trouble, and your brother's medical bills get paid.

Case Example

  • Case Name & Citation: State v. Spano, 328 N.J. Super. 287, 745 A.2d 598 (App. Div. 2000)
  • Statute Applied: N.J.S.A. 4:22-17(a) (with N.J.S.A. 4:22-26(a) and N.J.S.A. 23:7-3)
  • Brief Summary: While hunting, defendant Spano shot and killed two German shepherds, claiming he believed they were coyotes or wild dogs. He was convicted in municipal court of the disorderly persons offense of needlessly killing an animal under N.J.S.A. 4:22-17(a), together with penalties under 4:22-26(a) and 23:7-3, and the Law Division affirmed after a trial de novo. The Appellate Division affirmed, deferring to the credibility determinations of the municipal court that the defendant did not actually believe the dogs were wild. The court upheld application of the cruelty statute to a hunter who needlessly kills a domesticated animal without legal justification, confirming that Title 4 criminalizes such conduct even absent malice. The sentence — fines, suspended jail time, community service, and revocation of the hunting license — illustrates how the Title's cruelty penalties operate in practice.
  • Source Link: https://scholar.google.com/scholar_case?case=9239273735139975694

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Sources & references

  1. scholar.google.com — Scholar Case
  2. scholar.google.com — Scholar Case

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