PRIOR PRINTER'S NO. 231 PRINTER'S NO. 948
No. 182 Session of 1997
INTRODUCED BY GREENLEAF, TARTAGLIONE, BELL, STOUT, HELFRICK, HECKLER, SALVATORE, SCHWARTZ, RHOADES, TOMLINSON, WILLIAMS, THOMPSON, KUKOVICH, AFFLERBACH, DELP, MELLOW, BELAN, BRIGHTBILL AND ULIANA, JANUARY 29, 1997
SENATOR DELP, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, APRIL 8, 1997
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania <-- 2 Consolidated Statutes, providing for the sale of dogs and for 3 penalties. 4 AMENDING THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), <-- 5 ENTITLED "AN ACT PROHIBITING UNFAIR METHODS OF COMPETITION 6 AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE CONDUCT OF 7 ANY TRADE OR COMMERCE, GIVING THE ATTORNEY GENERAL AND 8 DISTRICT ATTORNEYS CERTAIN POWERS AND DUTIES AND PROVIDING 9 PENALTIES," PROVIDING PROTECTION FOR DOG PURCHASER; IMPOSING 10 DUTIES ON THE ATTORNEY GENERAL; AND PROVIDING FOR RECORDS AND 11 FOR PENALTIES. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Title 18 of the Pennsylvania Consolidated <-- 15 Statutes is amended by adding a section to read: 16 § 7330. Sale of dogs. 17 (a) General rule.-- 18 (1) A seller shall provide a purchaser of a dog with a 19 health record for a dog at the time of sale. In addition, the 20 seller shall provide to the purchaser a health certificate 21 issued by a veterinarian within 21 days prior to the date of
1 sale for the dog or a guarantee of good health issued and 2 signed by the seller. The health record supplied by the 3 seller shall set forth the following: 4 (i) The dog's breed. If the breed is unknown or 5 mixed, the health record shall so indicate. If the dog is 6 advertised or represented as registrable, the name and 7 address of the pedigree registry organization where the 8 dam and sire are registered shall be indicated. 9 (ii) The dog's date of birth. If the dog is not 10 advertised as or sold as purebred, registered or 11 registrable, the date of birth may be approximated if not 12 known by the seller. 13 (iii) The dog's sex. 14 (iv) The dog's color and markings. 15 (v) A list of all vaccinations, if known, 16 administered to the dog, the date and type of 17 vaccinations and the name of the person who administered 18 them, if known, up to the date of sale; a record of any 19 known disease, illness or condition with which the dog is 20 or has been afflicted at the time of the sale; and a 21 record of any veterinary treatment or medication received 22 by the dog while in possession of the seller to treat any 23 disease, illness or condition. 24 (vi) The date, dosage and type of any parasitical 25 medicine, if known, that was administered to the dog. 26 (vii) The name, address and signature of the seller, 27 along with a statement affirming all of the information 28 provided in this subsection is true to the best of the 29 seller's knowledge and belief. 30 (2) (i) A health certificate issued by a veterinarian 19970S0182B0948 - 2 -
1 shall certify the dog sold by the seller to be apparently 2 free of any contagious or infectious illness and 3 apparently free from any defect which is congenital or 4 hereditary and diagnosable with reasonable accuracy and 5 does not appear to be clinically ill from parasitic 6 infestation at the time of the physical examination. The 7 health certificate shall include the name, address and 8 signature of the veterinarian and the date the dog was 9 examined. 10 (ii) (A) A guarantee of good health shall be issued 11 by the seller, and dated and signed by the seller and 12 the purchaser on the date of the sale, and shall 13 warrant that the dog being sold is apparently free of 14 and does not exhibit any signs of any contagious or 15 infectious disease, is apparently free from and does 16 not exhibit any signs of any defect which is 17 congenital or hereditary and does not exhibit any 18 signs of being clinically ill or exhibit any signs of 19 a parasitic infestation on the date of the sale. The 20 guarantee of good health shall clearly state in bold 21 type: 22 THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG 23 HAS BEEN EXAMINED BY A VETERINARIAN. THE 24 PURCHASER IS ENCOURAGED TO HAVE THIS DOG 25 EXAMINED BY A VETERINARIAN AS SOON AFTER 26 PURCHASE AS IS FEASIBLE. 27 (B) The seller shall also verbally state the 28 facts set forth in clause (a) to the purchaser. 29 (b) Purchaser's options.-- 30 (1) If, within ten days after the date of purchase, a 19970S0182B0948 - 3 -
1 dog purchased from a seller is determined, through physical 2 examination, diagnostic tests or necropsy by a veterinarian, 3 to be clinically ill or dies from any contagious or 4 infectious illness or any parasitic illness which renders it 5 unfit for purchase or results in its death, the purchaser may 6 exercise one of the following options: 7 (i) Return the dog to the seller for a complete 8 refund of the purchase price, not including the sales 9 tax. 10 (ii) Return the dog to the seller for a replacement 11 dog of equal value of the purchaser's choice, providing a 12 replacement dog is available. 13 (iii) Retain the dog and be entitled to receive 14 reimbursement from the seller for reasonable veterinary 15 fees incurred in curing or attempting to cure the 16 affected dog, subject to the limitation that the seller's 17 liability for reimbursement shall not exceed the purchase 18 price, not including sales tax, of the dog. This 19 subparagraph shall apply only if the purchaser's 20 veterinarian determines the dog's illness can be treated 21 and corrected by procedures that are appropriate and 22 customary. The value of these services is considered 23 reasonable if comparable to the value of similar services 24 rendered by other licensed veterinarians in reasonable 25 proximity to the treating veterinarian. Reimbursement 26 shall not include the costs of the initial veterinary 27 examination fee and diagnostic or treatment fees not 28 directly related to the veterinarian's certification that 29 the animal is unfit for purchase under this section. If, 30 however, the purchaser's veterinarian determines the 19970S0182B0948 - 4 -
1 dog's illness is incurable, only the options in 2 subparagraphs (i) and (ii) shall apply. 3 (2) For the purposes of this subsection, veterinary 4 findings of intestinal and external parasites shall not be 5 grounds for declaring the dog unfit for purchase unless the 6 dog is clinically ill or dies due to that condition. A dog 7 shall not be found unfit for purchase on account of injury 8 sustained or illness most likely contracted subsequent to the 9 date of sale. If, within 30 days after the date of purchase, 10 a dog purchased from a seller is certified through physical 11 examination, diagnostic tests or necropsy by a veterinarian 12 that the dog has or died from a defect which is congenital or 13 hereditary and which adversely affects or affected the health 14 of the animal, the purchaser may exercise one of the options 15 as provided in paragraph (1). Remedies available under 16 paragraph (1) shall also apply to replacement dogs. 17 (c) Veterinarian's certification.--A veterinarian's 18 certification of illness, congenital or hereditary defects or 19 death shall be necessary for a refund or replacement or to 20 receive reimbursement for veterinary costs if the dog is 21 retained by the purchaser and treated for illness or congenital 22 or hereditary defect as provided in this section. The 23 veterinarian's certification shall be supplied at the 24 purchaser's expense. The veterinarian's certification shall 25 state the following information: 26 (1) The purchaser's name and address. 27 (2) The date the dog was examined. 28 (3) The breed and age of the dog. 29 (4) (i) That the veterinarian examined the dog. 30 (ii) That the dog has or had an illness as described 19970S0182B0948 - 5 -
1 in subsection (b), or a defect as described in subsection 2 (b), which renders it unfit for purchase or which 3 resulted in its death. 4 (iii) The precise findings of the examination, 5 diagnostic tests or necropsy. 6 (5) The treatment recommended, if any, and an estimate 7 or the actual cost of the treatment should the purchaser 8 choose to retain the dog and seek reimbursement for 9 veterinary fees to cure or attempt to cure the dog. 10 (6) The veterinarian's name, address, telephone number 11 and signature. 12 (d) Disclosures.--Within two business days of a veterinary 13 examination which certifies illness, defect or death, the 14 purchaser shall notify the seller of the name, address and 15 telephone number of the examining veterinarian. Failure to 16 notify the seller or to carry out the recommended treatment 17 prescribed by the examining veterinarian who made the initial 18 diagnosis until a remedy as provided for in subsection (b) is 19 agreed upon shall result in the purchaser's forfeiture of rights 20 under this section. Subsection (b) shall not apply where a 21 seller who has provided a health certificate issued by a 22 veterinarian discloses in writing at the time of sale the health 23 problem for which the buyer later seeks to return the dog. Such 24 disclosures shall be signed by both the seller and purchaser. 25 Where the seller has provided a guarantee of good health, 26 subsection (b) shall apply regardless of whether the seller 27 disclosed the health problem at the time of sale. 28 (e) Refund or reimbursement by seller.--The refund or 29 reimbursement required by this section shall be made by the 30 seller not later than 14 days following receipt of the 19970S0182B0948 - 6 -
1 veterinarian's certification that the dog is unfit for purchase 2 or has died from a condition defined as unfit for purchase in 3 this section. The certification shall be presented to the seller 4 not later than five days following receipt thereof by the 5 purchaser. 6 (f) Examination by seller's veterinarian.--In the event that 7 the seller wishes to contest a demand for refund, replacement or 8 reimbursement made by a purchaser pursuant to this section, the 9 seller shall have the right, within two business days of 10 notification by purchaser of a condition which renders the dog 11 unfit for purchase as required in subsection (b), to require the 12 purchaser to produce the dog for examination by a licensed 13 veterinarian designated by the seller. The veterinarian's fee 14 for this examination including any diagnostic tests for necropsy 15 shall be paid by the seller. If the dog is incapable of being 16 transported because of being hospitalized, the purchaser's 17 attending veterinarian shall provide all relevant information 18 regarding the case as requested by the seller's veterinarian. 19 Unless the dog is hospitalized, failure to produce the dog 20 within two business days from examination by the purchaser will 21 nullify any obligation to replace, refund or reimburse by the 22 seller. Upon examination, if the purchaser and the seller are 23 unable to reach an agreement which constitutes one of the 24 options set forth in this section within 14 days following 25 receipt of the dog for the examination, either party may 26 initiate an action in a court of competent jurisdiction. 27 (g) Registered or registrable dogs.-- 28 (1) Any seller who advertises or otherwise represents 29 that a dog is registered or registerable shall provide the 30 purchaser of the dog with the following information at the 19970S0182B0948 - 7 -
1 time of sale: 2 (i) The breeder's name and address. 3 (ii) The name and registration number of the dam and 4 sire of the purchased dog's litter. 5 (iii) The name and address of the pedigree registry 6 organization where the dam and sire are registered. 7 (2) All documentation necessary to effect the 8 registration of the dog shall be provided by the seller to 9 the owner within 120 days of the date of sale. The 120-day 10 period may be extended by the seller if the dog is being 11 imported from outside the United States by notifying the 12 purchaser in writing of the reason for the extension and a 13 reasonable estimate of the arrival date of the registration 14 documents. 15 (3) If the seller fails to provide this documentation 16 within 120 days of the date of sale or fails to notify the 17 purchaser of an extension under paragraph (2), the purchaser 18 may elect one of the following remedies: 19 (i) Return the dog and receive a full refund of the 20 purchase price, not including sales tax. 21 (ii) Retain the dog and receive a refund from the 22 seller in an amount equal to 50% of the purchase price. 23 (4) The seller may withhold the dog's registration 24 application until the purchaser supplies the seller with a 25 signed veterinarian's certificate stating that the dog has 26 been spayed or neutered, provided that withholding of the 27 application was agreed to in writing by the purchaser at the 28 time of sale. The seller shall provide the registration 29 application within ten days of receiving the veterinarian's 30 certificate if the certificate is supplied beyond the 120-day 19970S0182B0948 - 8 -
1 period provided for in paragraph (2). 2 (h) Summary of law.-- 3 (1) A summary of the provisions of this section shall be 4 conspicuously posted in the place of business of persons 5 subject to this section. The Office of Attorney General shall 6 promulgate regulations specifying the contents of the summary 7 which must be posted. In addition, the posted notice shall 8 state that the health record information is available on 9 request. 10 (2) At the time of the sale, the seller shall provide 11 the purchaser with a written notice setting forth the rights 12 provided under this section. The notice shall include the 13 following statement: 14 THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF 15 PENNSYLVANIA LAW. THE ACTUAL PROVISIONS OF THE LAW 16 ARE IN THE PENNSYLVANIA CRIMES CODE. 17 (i) Enforcement.-- 18 (1) The Office of Attorney General shall enforce the 19 provisions of this section. 20 (2) In addition to any other penalty under this act, a 21 civil penalty of up to $1,000 on any current licensee shall 22 be levied against any person who violates any provision of 23 this section or any person who conducts business under this 24 section without proper license to do so. A penalty shall be 25 levied for each violation. 26 (3) A purchaser shall file a complaint pursuant to this 27 section by reporting it to the Bureau of Consumer Protection 28 of the Office of Attorney General. 29 (j) Penalty.--A person who violates any provision of this 30 section or who conducts business under this section without 19970S0182B0948 - 9 -
1 proper license to do so commits a misdemeanor of the third 2 degree. 3 (k) Definitions.--As used in this section, the following 4 words and phrases shall have the meanings given to them in this 5 subsection: 6 "Seller." A kennel, pet shop operator or other individual 7 who sells dogs to the public and who owns or operates a kennel 8 or pet shop licensed by the Pennsylvania Department of 9 Agriculture or the United States Department of Agriculture. The 10 term shall not include nonprofit kennels as defined under the 11 act of December 7, 1982 (P.L.784, No.225), known as the Dog Law. 12 "Unfit for purchase." Any disease, deformity, injury, 13 physical condition, illness or any defect which is congenital or 14 hereditary and which severely affects the health of the animal 15 or which was manifest, capable of diagnosis or likely to have 16 been contracted on or before the sale and delivery of the animal 17 to the consumer. 18 "Veterinarian." An individual licensed under the laws of 19 this Commonwealth or any other state to practice veterinary 20 medicine and surgery. 21 Section 2. This act shall take effect in 60 days. 22 SECTION 1. THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), <-- 23 KNOWN AS THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW, 24 REENACTED AND AMENDED NOVEMBER 24, 1976 (P.L.1166, NO.260), IS 25 AMENDED BY ADDING A SECTION TO READ: 26 SECTION 9.3. DOG PURCHASER PROTECTION.--(A) (1) A SELLER 27 SHALL PROVIDE A PURCHASER OF A DOG WITH A HEALTH RECORD FOR A 28 DOG AT THE TIME OF SALE. IN ADDITION, THE SELLER SHALL PROVIDE 29 TO THE PURCHASER A HEALTH CERTIFICATE ISSUED BY A VETERINARIAN 30 WITHIN TWENTY-ONE DAYS PRIOR TO THE DATE OF SALE FOR THE DOG OR 19970S0182B0948 - 10 -
1 A GUARANTEE OF GOOD HEALTH ISSUED AND SIGNED BY THE SELLER. THE 2 HEALTH RECORD SUPPLIED BY THE SELLER SHALL SET FORTH THE 3 FOLLOWING: 4 (I) THE DOG'S BREED. IF THE BREED IS UNKNOWN OR MIXED, THE 5 HEALTH RECORD SHALL SO INDICATE. IF THE DOG IS ADVERTISED OR 6 REPRESENTED AS REGISTRABLE, THE NAME AND ADDRESS OF THE PEDIGREE 7 REGISTRY ORGANIZATION WHERE THE DAM AND SIRE ARE REGISTERED 8 SHALL BE INDICATED. 9 (II) THE DOG'S DATE OF BIRTH. IF THE DOG IS NOT ADVERTISED 10 AS OR SOLD AS PUREBRED, REGISTERED OR REGISTRABLE, THE DATE OF 11 BIRTH MAY BE APPROXIMATED, IF NOT KNOWN BY THE SELLER. 12 (III) THE DOG'S SEX. 13 (IV) THE DOG'S COLOR AND MARKINGS. 14 (V) A LIST OF ALL VACCINATIONS, IF KNOWN, ADMINISTERED TO 15 THE DOG, THE DATE AND TYPE OF VACCINATIONS AND THE NAME OF THE 16 PERSON WHO ADMINISTERED THEM, IF KNOWN, UP TO THE DATE OF SALE; 17 A RECORD OF ANY KNOWN DISEASE, ILLNESS OR CONDITION WITH WHICH 18 THE DOG IS OR HAS BEEN AFFLICTED AT THE TIME OF THE SALE; AND A 19 RECORD OF ANY VETERINARY TREATMENT OR MEDICATION RECEIVED BY THE 20 DOG WHILE IN POSSESSION OF THE SELLER TO TREAT ANY DISEASE, 21 ILLNESS OR CONDITION. 22 (VI) THE DATE, DOSAGE AND TYPE OF ANY PARASITICAL MEDICINE, 23 IF KNOWN, THAT WAS ADMINISTERED TO THE DOG. 24 (VII) THE NAME, ADDRESS AND SIGNATURE OF THE SELLER, ALONG 25 WITH A STATEMENT AFFIRMING ALL OF THE INFORMATION PROVIDED IN 26 THIS SUBSECTION IS TRUE TO THE BEST OF THE SELLER'S KNOWLEDGE 27 AND BELIEF. 28 (2) (I) A HEALTH CERTIFICATE ISSUED BY A VETERINARIAN SHALL 29 CERTIFY THE DOG SOLD BY THE SELLER TO BE APPARENTLY FREE OF ANY 30 CONTAGIOUS OR INFECTIOUS ILLNESS AND APPARENTLY FREE FROM ANY 19970S0182B0948 - 11 -
1 DEFECT WHICH IS CONGENITAL OR HEREDITARY AND DIAGNOSABLE WITH 2 REASONABLE ACCURACY AND DOES NOT APPEAR TO BE CLINICALLY ILL 3 FROM PARASITIC INFESTATION AT THE TIME OF THE PHYSICAL 4 EXAMINATION. THE HEALTH CERTIFICATE SHALL INCLUDE THE NAME, 5 ADDRESS AND SIGNATURE OF THE VETERINARIAN AND THE DATE THE DOG 6 WAS EXAMINED. 7 (II) A GUARANTEE OF GOOD HEALTH ISSUED BY THE SELLER, AND 8 DATED AND SIGNED BY THE SELLER AND THE PURCHASER ON THE DATE OF 9 THE SALE, WARRANTING THAT THE DOG BEING SOLD IS APPARENTLY FREE 10 OF AND DOES NOT EXHIBIT ANY SIGNS OF ANY CONTAGIOUS OR 11 INFECTIOUS DISEASE, IS APPARENTLY FREE FROM AND DOES NOT EXHIBIT 12 ANY SIGNS OF ANY DEFECT WHICH IS CONGENITAL OR HEREDITARY; AND 13 DOES NOT EXHIBIT ANY SIGNS OF BEING CLINICALLY ILL OR EXHIBIT 14 ANY SIGNS OF A PARASITIC INFESTATION ON THE DATE OF THE SALE. 15 THE GUARANTEE OF GOOD HEALTH SHALL CLEARLY STATE IN BOLD TYPE: 16 THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG HAS BEEN 17 EXAMINED BY A VETERINARIAN. THE PURCHASER IS ENCOURAGED 18 TO HAVE THIS DOG EXAMINED BY A VETERINARIAN AS SOON AFTER 19 PURCHASE AS IS FEASIBLE. 20 THE SELLER SHALL ALSO VERBALLY STATE THESE FACTS TO THE 21 PURCHASER. 22 (B) IF, WITHIN TEN DAYS AFTER THE DATE OF PURCHASE, A DOG 23 PURCHASED FROM A SELLER IS DETERMINED, THROUGH PHYSICAL 24 EXAMINATION, DIAGNOSTIC TESTS OR NECROPSY BY A VETERINARIAN, 25 BECOMES CLINICALLY ILL OR DIES FROM ANY CONTAGIOUS OR INFECTIOUS 26 ILLNESS OR ANY PARASITIC ILLNESS WHICH RENDERS IT UNFIT FOR 27 PURCHASE OR RESULTS IN ITS DEATH, THE PURCHASER MAY EXERCISE ONE 28 OF THE FOLLOWING OPTIONS: 29 (1) RETURN THE DOG TO THE SELLER FOR A COMPLETE REFUND OF 30 THE PURCHASE PRICE, NOT INCLUDING THE SALES TAX. 19970S0182B0948 - 12 -
1 (2) RETURN THE DOG TO THE SELLER FOR A REPLACEMENT DOG OF 2 EQUAL VALUE, OF THE PURCHASER'S CHOICE, PROVIDING A REPLACEMENT 3 DOG IS AVAILABLE. 4 (3) RETAIN THE DOG AND BE ENTITLED TO RECEIVE REIMBURSEMENT 5 FROM THE SELLER FOR REASONABLE VETERINARY FEES INCURRED IN 6 CURING OR ATTEMPTING TO CURE THE AFFECTED DOG, SUBJECT TO THE 7 LIMITATION THAT THE SELLER'S LIABILITY FOR REIMBURSEMENT SHALL 8 NOT EXCEED THE PURCHASE PRICE, NOT INCLUDING SALES TAX, OF THE 9 DOG. THIS CLAUSE SHALL APPLY ONLY IF THE PURCHASER'S 10 VETERINARIAN DETERMINES THE DOG'S ILLNESS CAN BE TREATED AND 11 CORRECTED BY PROCEDURES THAT ARE APPROPRIATE AND CUSTOMARY. THE 12 VALUE OF THESE SERVICES IS CONSIDERED REASONABLE IF COMPARABLE 13 TO THE VALUE OF SIMILAR SERVICES RENDERED BY OTHER LICENSED 14 VETERINARIANS IN REASONABLE PROXIMITY TO THE TREATING 15 VETERINARIAN. REIMBURSEMENT SHALL NOT INCLUDE THE COSTS OF THE 16 INITIAL VETERINARY EXAMINATION FEE AND DIAGNOSTIC OR TREATMENT 17 FEES NOT DIRECTLY RELATED TO THE VETERINARIAN'S CERTIFICATION 18 THAT THE ANIMAL IS UNFIT FOR PURCHASE PURSUANT TO THIS SECTION. 19 IF, HOWEVER, THE PURCHASER'S VETERINARIAN DETERMINES THE DOG'S 20 ILLNESS IS INCURABLE, ONLY THE OPTIONS IN CLAUSES (1) AND (2) OF 21 THIS SUBSECTION SHALL APPLY. 22 FOR THE PURPOSES OF THIS SUBSECTION, VETERINARY FINDINGS OF 23 INTESTINAL AND EXTERNAL PARASITES SHALL NOT BE GROUNDS FOR 24 DECLARING THE DOG UNFIT FOR PURCHASE UNLESS THE DOG IS 25 CLINICALLY ILL OR DIES DUE TO THAT CONDITION. A DOG SHALL NOT BE 26 FOUND UNFIT FOR PURCHASE ON ACCOUNT OF INJURY SUSTAINED OR 27 ILLNESS MOST LIKELY CONTRACTED SUBSEQUENT TO THE DATE OF SALE. 28 IF, WITHIN THIRTY DAYS AFTER THE DATE OF PURCHASE, A DOG 29 PURCHASED FROM A SELLER IS CERTIFIED THROUGH PHYSICAL 30 EXAMINATION, DIAGNOSTIC TESTS OR NECROPSY BY A VETERINARIAN THAT 19970S0182B0948 - 13 -
1 THE DOG HAS, OR DIED FROM, A DEFECT WHICH IS CONGENITAL OR 2 HEREDITARY AND WHICH ADVERSELY AFFECTS OR AFFECTED THE HEALTH OF 3 THE ANIMAL, THE PURCHASER MAY EXERCISE ONE OF THE OPTIONS AS 4 PROVIDED IN CLAUSES (1), (2) AND (3) OF THIS SUBSECTION. 5 REMEDIES AVAILABLE UNDER CLAUSES (1), (2) AND (3) OF THIS 6 SUBSECTION SHALL ALSO APPLY TO REPLACEMENT DOGS. 7 (C) A VETERINARIAN'S CERTIFICATION OF ILLNESS, CONGENITAL OR 8 HEREDITARY DEFECTS OR DEATH SHALL BE NECESSARY FOR A REFUND OR 9 REPLACEMENT OR TO RECEIVE REIMBURSEMENT FOR VETERINARY COSTS IF 10 THE DOG IS RETAINED BY THE PURCHASER AND TREATED FOR ILLNESS OR 11 CONGENITAL OR HEREDITARY DEFECT AS PROVIDED IN THIS SECTION. THE 12 VETERINARIAN'S CERTIFICATION SHALL BE SUPPLIED AT THE 13 PURCHASER'S EXPENSE. THE VETERINARIAN'S CERTIFICATION SHALL 14 STATE THE FOLLOWING INFORMATION: 15 (1) THE PURCHASER'S NAME AND ADDRESS. 16 (2) THE DATE THE DOG WAS EXAMINED. 17 (3) THE BREED AND AGE OF THE DOG. 18 (4) (I) THAT THE VETERINARIAN EXAMINED THE DOG. 19 (II) THAT THE DOG HAS OR HAD AN ILLNESS AS DESCRIBED IN 20 SUBSECTION (B) OF THIS SECTION, OR A DEFECT AS DESCRIBED IN 21 SUBSECTION (B) OF THIS SECTION, WHICH RENDERS IT UNFIT FOR 22 PURCHASE OR WHICH RESULTED IN ITS DEATH. 23 (III) THE PRECISE FINDINGS OF THE EXAMINATION, DIAGNOSTIC 24 TESTS OR NECROPSY. 25 (5) THE TREATMENT RECOMMENDED, IF ANY, AND AN ESTIMATE OR 26 THE ACTUAL COST OF THE TREATMENT SHOULD THE PURCHASER CHOOSE TO 27 RETAIN THE DOG AND SEEK REIMBURSEMENT FOR VETERINARY FEES TO 28 CURE OR ATTEMPT TO CURE THE DOG. 29 (6) THE VETERINARIAN'S NAME, ADDRESS, TELEPHONE NUMBER AND 30 SIGNATURE. 19970S0182B0948 - 14 -
1 WITHIN TWO BUSINESS DAYS OF A VETERINARY EXAMINATION WHICH 2 CERTIFIES ILLNESS, DEFECT OR DEATH THE PURCHASER SHALL NOTIFY 3 THE SELLER OF THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE 4 EXAMINING VETERINARIAN. FAILURE TO NOTIFY THE SELLER OR TO CARRY 5 OUT THE RECOMMENDED TREATMENT PRESCRIBED BY THE EXAMINING 6 VETERINARIAN WHO MADE THE INITIAL DIAGNOSIS UNTIL A REMEDY AS 7 PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION IS AGREED UPON 8 SHALL RESULT IN THE PURCHASER'S FORFEITURE OF RIGHTS UNDER THIS 9 SECTION. SUBSECTION (B) OF THIS SECTION SHALL NOT APPLY WHERE A 10 SELLER, WHO HAS PROVIDED A HEALTH CERTIFICATE ISSUED BY A 11 VETERINARIAN, DISCLOSES IN WRITING AT THE TIME OF SALE THE 12 HEALTH PROBLEM FOR WHICH THE BUYER LATER SEEKS TO RETURN THE 13 DOG. SUCH DISCLOSURES SHALL BE SIGNED BY BOTH THE SELLER AND 14 PURCHASER. WHERE THE SELLER HAS PROVIDED A GUARANTEE OF GOOD 15 HEALTH, SUBSECTION (B) OF THIS SECTION SHALL APPLY REGARDLESS OF 16 WHETHER THE SELLER DISCLOSED THE HEALTH PROBLEM AT THE TIME OF 17 SALE. 18 (D) THE REFUND OR REIMBURSEMENT REQUIRED BY THIS SECTION 19 SHALL BE MADE BY THE SELLER NOT LATER THAN FOURTEEN DAYS 20 FOLLOWING RECEIPT OF THE VETERINARIAN'S CERTIFICATION THAT THE 21 DOG IS UNFIT FOR PURCHASE OR HAS DIED FROM A CONDITION DEFINED 22 AS UNFIT FOR PURCHASE IN THIS SECTION. THE CERTIFICATION SHALL 23 BE PRESENTED TO THE SELLER NOT LATER THAN FIVE DAYS FOLLOWING 24 RECEIPT THEREOF BY THE PURCHASER. 25 (E) IN THE EVENT THAT THE SELLER WISHES TO CONTEST A DEMAND 26 FOR REFUND, REPLACEMENT OR REIMBURSEMENT MADE BY A PURCHASER 27 PURSUANT TO THIS SECTION, THE SELLER SHALL HAVE THE RIGHT, 28 WITHIN TWO BUSINESS DAYS OF NOTIFICATION BY PURCHASER OF A 29 CONDITION WHICH RENDERS THE DOG UNFIT FOR PURCHASE AS REQUIRED 30 IN SUBSECTION (B) OF THIS SECTION, TO REQUIRE THE PURCHASER TO 19970S0182B0948 - 15 -
1 PRODUCE THE DOG FOR EXAMINATION BY A LICENSED VETERINARIAN 2 DESIGNATED BY THE SELLER. THE VETERINARIAN'S FEE FOR THIS 3 EXAMINATION INCLUDING ANY DIAGNOSTIC TESTS FOR NECROPSY SHALL BE 4 PAID BY THE SELLER. IF THE DOG IS INCAPABLE OF BEING TRANSPORTED 5 BECAUSE OF BEING HOSPITALIZED, THE PURCHASER'S ATTENDING 6 VETERINARIAN SHALL PROVIDE ALL RELEVANT INFORMATION REGARDING 7 THE CASE AS REQUESTED BY THE SELLER'S VETERINARIAN. UNLESS THE 8 DOG IS HOSPITALIZED, FAILURE TO PRODUCE THE DOG WITHIN TWO 9 BUSINESS DAYS FROM EXAMINATION BY THE PURCHASER WILL NULLIFY ANY 10 OBLIGATION TO REPLACE, REFUND OR REIMBURSE BY THE SELLER. UPON 11 EXAMINATION, IF THE PURCHASER AND THE SELLER ARE UNABLE TO REACH 12 AN AGREEMENT WHICH CONSTITUTES ONE OF THE OPTIONS SET FORTH IN 13 THIS SECTION WITHIN FOURTEEN DAYS FOLLOWING RECEIPT OF THE DOG 14 FOR THE EXAMINATION, EITHER PARTY MAY INITIATE AN ACTION IN A 15 COURT OF COMPETENT JURISDICTION. 16 (F) (1) ANY SELLER WHO ADVERTISES OR OTHERWISE REPRESENTS 17 THAT A DOG IS REGISTERED OR REGISTERABLE SHALL PROVIDE THE 18 PURCHASER OF THE DOG WITH THE FOLLOWING INFORMATION AT THE TIME 19 OF SALE: 20 (I) THE BREEDER'S NAME AND ADDRESS. 21 (II) THE NAME AND REGISTRATION NUMBER OF THE DAM AND SIRE OF 22 THE PURCHASED DOG'S LITTER. 23 (III) THE NAME AND ADDRESS OF THE PEDIGREE REGISTRY 24 ORGANIZATION WHERE THE DAM AND SIRE ARE REGISTERED. 25 (2) ALL DOCUMENTATION NECESSARY TO EFFECT THE REGISTRATION 26 OF THE DOG SHALL BE PROVIDED BY THE SELLER TO THE OWNER WITHIN 27 ONE HUNDRED TWENTY DAYS OF THE DATE OF SALE. THE ONE-HUNDRED- 28 TWENTY-DAY PERIOD MAY BE EXTENDED BY THE SELLER IF THE DOG IS 29 BEING IMPORTED FROM OUTSIDE THE UNITED STATES BY NOTIFYING THE 30 PURCHASER IN WRITING OF THE REASON FOR THE EXTENSION AND A 19970S0182B0948 - 16 -
1 REASONABLE ESTIMATE OF THE ARRIVAL DATE OF THE REGISTRATION 2 DOCUMENTS. 3 (3) IF THE SELLER FAILS TO PROVIDE THIS DOCUMENTATION WITHIN 4 ONE HUNDRED TWENTY DAYS OF THE DATE OF SALE OR FAILS TO NOTIFY 5 THE PURCHASER OF AN EXTENSION UNDER CLAUSE (2) OF THIS 6 SUBSECTION, THE PURCHASER MAY ELECT ONE OF THE FOLLOWING 7 REMEDIES: 8 (I) RETURN THE DOG AND RECEIVE A FULL REFUND OF THE PURCHASE 9 PRICE, NOT INCLUDING SALES TAX. 10 (II) RETAIN THE DOG AND RECEIVE A REFUND FROM THE SELLER IN 11 AN AMOUNT EQUAL TO FIFTY PER CENT OF THE PURCHASE PRICE. 12 (4) THE SELLER MAY WITHHOLD THE DOG'S REGISTRATION 13 APPLICATION UNTIL THE PURCHASER SUPPLIES THE SELLER WITH A 14 SIGNED VETERINARIAN'S CERTIFICATE STATING THAT THE DOG HAS BEEN 15 SPAYED OR NEUTERED, PROVIDED THAT WITHHOLDING OF THE APPLICATION 16 WAS AGREED TO IN WRITING BY THE PURCHASER AT THE TIME OF SALE. 17 THE SELLER SHALL PROVIDE THE REGISTRATION APPLICATION WITHIN TEN 18 DAYS OF RECEIVING THE VETERINARIAN'S CERTIFICATE IF THE 19 CERTIFICATE IS SUPPLIED BEYOND THE ONE-HUNDRED-TWENTY-DAY PERIOD 20 PROVIDED FOR IN CLAUSE (2) OF THIS SUBSECTION. 21 (G) (1) A SUMMARY OF THE PROVISIONS OF THIS SECTION SHALL 22 BE CONSPICUOUSLY POSTED IN THE PLACE OF BUSINESS OF PERSONS 23 SUBJECT TO THIS SECTION. THE OFFICE OF ATTORNEY GENERAL SHALL 24 PROMULGATE REGULATIONS SPECIFYING THE CONTENTS OF THE SUMMARY 25 WHICH MUST BE POSTED. IN ADDITION, THE POSTED NOTICE SHALL STATE 26 THAT THE HEALTH RECORD INFORMATION IS AVAILABLE ON REQUEST. 27 (2) AT THE TIME OF THE SALE, THE SELLER SHALL PROVIDE THE 28 PURCHASER WITH A WRITTEN NOTICE SETTING FORTH THE RIGHTS 29 PROVIDED UNDER THIS SECTION. THE NOTICE SHALL INCLUDE THE 30 FOLLOWING STATEMENT: 19970S0182B0948 - 17 -
1 THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF PENNSYLVANIA 2 LAW. THE ACTUAL PROVISIONS OF THE LAW ARE IN SECTION 9.3 3 OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION 4 LAW. 5 (H) (1) THE OFFICE OF ATTORNEY GENERAL SHALL ENFORCE THE 6 PROVISIONS OF THIS SECTION. 7 (2) IN ADDITION TO ANY OTHER PENALTY UNDER THIS ACT, A CIVIL 8 PENALTY OF UP TO ONE THOUSAND DOLLARS ($1,000) ON ANY CURRENT 9 LICENSEE SHALL BE LEVIED AGAINST ANY PERSON WHO VIOLATES ANY 10 PROVISION OF THIS SECTION OR ANY PERSON WHO CONDUCTS BUSINESS 11 UNDER THIS SECTION WITHOUT PROPER LICENSE TO DO SO. A PENALTY 12 SHALL BE LEVIED FOR EACH VIOLATION. 13 (3) A PURCHASER SHALL FILE A COMPLAINT PURSUANT TO THIS 14 SECTION BY REPORTING IT TO THE BUREAU OF CONSUMER PROTECTION OF 15 THE OFFICE OF ATTORNEY GENERAL. 16 (I) AS USED IN THIS SECTION: 17 "SELLER" MEANS A KENNEL, PET SHOP OPERATOR OR OTHER 18 INDIVIDUAL WHO SELLS DOGS TO THE PUBLIC AND WHO OWNS OR OPERATES 19 A KENNEL OR PET SHOP LICENSED BY THE PENNSYLVANIA DEPARTMENT OF 20 AGRICULTURE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE. THE 21 TERM SHALL NOT INCLUDE NONPROFIT KENNELS AS DEFINED UNDER THE 22 ACT OF DECEMBER 7, 1982 (P.L.784, NO.225), KNOWN AS THE "DOG 23 LAW." 24 "UNFIT FOR PURCHASE" MEANS ANY DISEASE, DEFORMITY, INJURY, 25 PHYSICAL CONDITION, ILLNESS OR ANY DEFECT WHICH IS CONGENITAL OR 26 HEREDITARY AND WHICH SEVERELY AFFECTS THE HEALTH OF THE ANIMAL 27 OR WHICH WAS MANIFEST, CAPABLE OF DIAGNOSIS OR LIKELY TO HAVE 28 BEEN CONTRACTED ON OR BEFORE THE SALE AND DELIVERY OF THE ANIMAL 29 TO THE CONSUMER. 30 "VETERINARIAN" MEANS AN INDIVIDUAL LICENSED UNDER THE LAWS OF 19970S0182B0948 - 18 -
1 THIS COMMONWEALTH OR ANY OTHER STATE TO PRACTICE VETERINARY 2 MEDICINE AND SURGERY. 3 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. A8L18WMB/19970S0182B0948 - 19 -