SENATE AMENDED
PRIOR PRINTER'S NOS. 3127, 3214, 3300 PRINTER'S NO. 4268
No. 2403 Session of 1996
INTRODUCED BY PHILLIPS, STABACK, ALLEN, FAIRCHILD, DEMPSEY,
B. SMITH, READSHAW, SATHER, GIGLIOTTI, MARKOSEK, COLAIZZO,
GEIST, NAILOR, COY, MERRY, TRELLO, DeLUCA, SAYLOR, BAKER,
McGEEHAN, RUBLEY, WALKO, LYNCH, STISH, BROWN, ADOLPH,
HERSHEY, MICOZZIE, PETTIT, TRUE, YOUNGBLOOD, J. TAYLOR,
HENNESSEY, EGOLF, E. Z. TAYLOR, STERN, LUCYK, HESS,
MICHLOVIC, SERAFINI, BOSCOLA AND SAINATO, FEBRUARY 13, 1996
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 19, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for police animals AND FOR <--
3 THE SALE OF DOGS; and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section SECTIONS to read: <--
8 § 5511.2. Police animals.
9 (a) Illegal to taunt police animals.--It shall be unlawful
10 for any person to willfully or maliciously taunt, torment,
11 tease, beat, kick or strike any police animal. Any person who
12 violates any of the provisions of this subsection commits a
13 misdemeanor of the first degree.
14 (b) Illegal to torture police animals.--It shall be unlawful
15 for any person to willfully or maliciously torture, mutilate,
1 injure, disable, poison or kill any police animal. Any person
2 who violates any of the provisions of this subsection commits a
3 misdemeanor of the first degree.
4 (c) Restitution.--In any case in which a defendant is
5 convicted of a violation of subsection (a) or (b), the defendant
6 shall be ordered to make restitution to the agency or individual
7 owning the animal for any veterinary bills, for replacement
8 costs of the animal if it is disabled or killed and for the
9 salary of the animal's handler for the period of time his or her
10 services are lost to the agency.
11 (d) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Accelerant detection dog." Any dog which is trained for
15 accelerant detection, commonly referred to as arson canines.
16 "Bomb detection dog." Any dog which is trained to locate a
17 bomb or explosives by scent.
18 "Narcotic detection dog." Any dog which is trained to locate
19 narcotics by scent.
20 "Police animal." Any animal, including, but not limited to,
21 dogs and horses, used by the Pennsylvania State Police, the
22 Department of Corrections or a county correctional facility or
23 by any municipal police department, fire department, search and
24 rescue unit or agency or handler under the supervision of such
25 department, search and rescue unit or agency in the performance
26 of the functions or duties of such department, search and rescue
27 unit or agency, whether the animal is on duty or not on duty.
28 The term shall include, but not be limited to, accelerant
29 detection dogs, bomb detection dogs, narcotic detection dogs,
30 search and rescue dogs and tracking animals.
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1 "Search and rescue dog." Any dog which is trained to locate
2 lost or missing persons, victims of natural or man-made
3 disasters and human bodies.
4 "Tracking animal." Any animal which is trained to track or
5 used to pursue a missing person, escaped inmate or fleeing
6 felon.
7 § 7330. SALE OF DOGS. <--
8 (A) GENERAL RULE.--
9 (1) A SELLER SHALL PROVIDE A PURCHASER OF A DOG WITH A
10 HEALTH RECORD FOR A DOG AT THE TIME OF SALE. IN ADDITION, THE
11 SELLER SHALL PROVIDE TO THE PURCHASER A HEALTH CERTIFICATE
12 ISSUED BY A VETERINARIAN WITHIN 21 DAYS PRIOR TO THE DATE OF
13 SALE FOR THE DOG OR A GUARANTEE OF GOOD HEALTH ISSUED AND
14 SIGNED BY THE SELLER. THE HEALTH RECORD SUPPLIED BY THE
15 SELLER SHALL SET FORTH THE FOLLOWING:
16 (I) THE DOG'S BREED. IF THE BREED IS UNKNOWN OR
17 MIXED, THE HEALTH RECORD SHALL SO INDICATE. IF THE DOG IS
18 ADVERTISED OR REPRESENTED AS REGISTRABLE, THE NAME AND
19 ADDRESS OF THE PEDIGREE REGISTRY ORGANIZATION WHERE THE
20 DAM AND SIRE ARE REGISTERED SHALL BE INDICATED.
21 (II) THE DOG'S DATE OF BIRTH. IF THE DOG IS NOT
22 ADVERTISED AS OR SOLD AS PUREBRED, REGISTERED OR
23 REGISTRABLE, THE DATE OF BIRTH MAY BE APPROXIMATED, IF
24 NOT KNOWN BY THE SELLER.
25 (III) THE DOG'S SEX.
26 (IV) THE DOG'S COLOR AND MARKINGS.
27 (V) A LIST OF ALL VACCINATIONS, IF KNOWN,
28 ADMINISTERED TO THE DOG, THE DATE AND TYPE OF
29 VACCINATIONS AND THE NAME OF THE PERSON WHO ADMINISTERED
30 THEM, IF KNOWN, UP TO THE DATE OF SALE; A RECORD OF ANY
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1 KNOWN DISEASE, ILLNESS OR CONDITION WITH WHICH THE DOG IS
2 OR HAS BEEN AFFLICTED AT THE TIME OF THE SALE; AND A
3 RECORD OF ANY VETERINARY TREATMENT OR MEDICATION RECEIVED
4 BY THE DOG WHILE IN POSSESSION OF THE SELLER TO TREAT ANY
5 DISEASE, ILLNESS OR CONDITION.
6 (VI) THE DATE, DOSAGE AND TYPE OF ANY PARASITICAL
7 MEDICINE, IF KNOWN, THAT WAS ADMINISTERED TO THE DOG.
8 (VII) THE NAME, ADDRESS AND SIGNATURE OF THE SELLER,
9 ALONG WITH A STATEMENT AFFIRMING ALL OF THE INFORMATION
10 PROVIDED IN THIS SUBSECTION IS TRUE TO THE BEST OF THE
11 SELLER'S KNOWLEDGE AND BELIEF.
12 (2) (I) A HEALTH CERTIFICATE ISSUED BY A VETERINARIAN
13 SHALL CERTIFY THE DOG SOLD BY THE SELLER TO BE APPARENTLY
14 FREE OF ANY CONTAGIOUS OR INFECTIOUS ILLNESS AND
15 APPARENTLY FREE FROM ANY DEFECT WHICH IS CONGENITAL OR
16 HEREDITARY AND DIAGNOSABLE WITH REASONABLE ACCURACY AND
17 DOES NOT APPEAR TO BE CLINICALLY ILL FROM PARASITIC
18 INFESTATION AT THE TIME OF THE PHYSICAL EXAMINATION. THE
19 HEALTH CERTIFICATE SHALL INCLUDE THE NAME, ADDRESS AND
20 SIGNATURE OF THE VETERINARIAN AND THE DATE THE DOG WAS
21 EXAMINED.
22 (II) (A) A GUARANTEE OF GOOD HEALTH SHALL BE ISSUED
23 BY THE SELLER, AND DATED AND SIGNED BY THE SELLER AND
24 THE PURCHASER ON THE DATE OF THE SALE, AND SHALL
25 WARRANT THAT THE DOG BEING SOLD IS APPARENTLY FREE OF
26 AND DOES NOT EXHIBIT ANY SIGNS OF ANY CONTAGIOUS OR
27 INFECTIOUS DISEASE, IS APPARENTLY FREE FROM AND DOES
28 NOT EXHIBIT ANY SIGNS OF ANY DEFECT WHICH IS
29 CONGENITAL OR HEREDITARY; AND DOES NOT EXHIBIT ANY
30 SIGNS OF BEING CLINICALLY ILL OR EXHIBIT ANY SIGNS OF
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1 A PARASITIC INFESTATION ON THE DATE OF THE SALE. THE
2 GUARANTEE OF GOOD HEALTH SHALL CLEARLY STATE IN BOLD
3 TYPE:
4 THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG HAS BEEN
5 EXAMINED BY A VETERINARIAN. THE PURCHASER IS ENCOURAGED
6 TO HAVE THIS DOG EXAMINED BY A VETERINARIAN AS SOON AFTER
7 PURCHASE AS IS FEASIBLE.
8 (B) THE SELLER SHALL ALSO VERBALLY STATE THE
9 FACTS SET FORTH IN CLAUSE (A) TO THE PURCHASER.
10 (B) PURCHASER'S OPTIONS.--
11 (1) IF, WITHIN TEN DAYS AFTER THE DATE OF PURCHASE, A
12 DOG PURCHASED FROM A SELLER IS DETERMINED, THROUGH PHYSICAL
13 EXAMINATION, DIAGNOSTIC TESTS OR NECROPSY BY A VETERINARIAN,
14 TO BE CLINICALLY ILL OR DIES FROM ANY CONTAGIOUS OR
15 INFECTIOUS ILLNESS OR ANY PARASITIC ILLNESS WHICH RENDERS IT
16 UNFIT FOR PURCHASE OR RESULTS IN ITS DEATH, THE PURCHASER MAY
17 EXERCISE ONE OF THE FOLLOWING OPTIONS:
18 (I) RETURN THE DOG TO THE SELLER FOR A COMPLETE
19 REFUND OF THE PURCHASE PRICE, NOT INCLUDING THE SALES
20 TAX.
21 (II) RETURN THE DOG TO THE SELLER FOR A REPLACEMENT
22 DOG OF EQUAL VALUE, OF THE PURCHASER'S CHOICE, PROVIDING
23 A REPLACEMENT DOG IS AVAILABLE.
24 (III) RETAIN THE DOG AND BE ENTITLED TO RECEIVE
25 REIMBURSEMENT FROM THE SELLER FOR REASONABLE VETERINARY
26 FEES INCURRED IN CURING OR ATTEMPTING TO CURE THE
27 AFFECTED DOG, SUBJECT TO THE LIMITATION THAT THE SELLER'S
28 LIABILITY FOR REIMBURSEMENT SHALL NOT EXCEED THE PURCHASE
29 PRICE, NOT INCLUDING SALES TAX, OF THE DOG. THIS
30 SUBPARAGRAPH SHALL APPLY ONLY IF THE PURCHASER'S
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1 VETERINARIAN DETERMINES THE DOG'S ILLNESS CAN BE TREATED
2 AND CORRECTED BY PROCEDURES THAT ARE APPROPRIATE AND
3 CUSTOMARY. THE VALUE OF THESE SERVICES IS CONSIDERED
4 REASONABLE IF COMPARABLE TO THE VALUE OF SIMILAR SERVICES
5 RENDERED BY OTHER LICENSED VETERINARIANS IN REASONABLE
6 PROXIMITY TO THE TREATING VETERINARIAN. REIMBURSEMENT
7 SHALL NOT INCLUDE THE COSTS OF THE INITIAL VETERINARY
8 EXAMINATION FEE AND DIAGNOSTIC OR TREATMENT FEES NOT
9 DIRECTLY RELATED TO THE VETERINARIAN'S CERTIFICATION THAT
10 THE ANIMAL IS UNFIT FOR PURCHASE UNDER THIS SECTION. IF,
11 HOWEVER, THE PURCHASER'S VETERINARIAN DETERMINES THE
12 DOG'S ILLNESS IS INCURABLE, ONLY THE OPTIONS IN
13 SUBPARAGRAPHS (I) AND (II) SHALL APPLY.
14 (2) FOR THE PURPOSES OF THIS SUBSECTION, VETERINARY
15 FINDINGS OF INTESTINAL AND EXTERNAL PARASITES SHALL NOT BE
16 GROUNDS FOR DECLARING THE DOG UNFIT FOR PURCHASE UNLESS THE
17 DOG IS CLINICALLY ILL OR DIES DUE TO THAT CONDITION. A DOG
18 SHALL NOT BE FOUND UNFIT FOR PURCHASE ON ACCOUNT OF INJURY
19 SUSTAINED OR ILLNESS MOST LIKELY CONTRACTED SUBSEQUENT TO THE
20 DATE OF SALE. IF, WITHIN 30 DAYS AFTER THE DATE OF PURCHASE,
21 A DOG PURCHASED FROM A SELLER IS CERTIFIED THROUGH PHYSICAL
22 EXAMINATION, DIAGNOSTIC TESTS OR NECROPSY BY A VETERINARIAN
23 THAT THE DOG HAS, OR DIED FROM, A DEFECT WHICH IS CONGENITAL
24 OR HEREDITARY AND WHICH ADVERSELY AFFECTS OR AFFECTED THE
25 HEALTH OF THE ANIMAL, THE PURCHASER MAY EXERCISE ONE OF THE
26 OPTIONS AS PROVIDED IN SUBPARARAPH (I), (II) OR (III).
27 REMEDIES AVAILABLE UNDER SUBPARAGRAPHS (I), (II) AND (III)
28 SHALL ALSO APPLY TO REPLACEMENT DOGS.
29 (C) VETERINARIAN'S CERTIFICATION.--A VETERINARIAN'S
30 CERTIFICATION OF ILLNESS, CONGENITAL OR HEREDITARY DEFECTS OR
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1 DEATH SHALL BE NECESSARY FOR A REFUND OR REPLACEMENT OR TO
2 RECEIVE REIMBURSEMENT FOR VETERINARY COSTS IF THE DOG IS
3 RETAINED BY THE PURCHASER AND TREATED FOR ILLNESS OR CONGENITAL
4 OR HEREDITARY DEFECT AS PROVIDED IN THIS SECTION. THE
5 VETERINARIAN'S CERTIFICATION SHALL BE SUPPLIED AT THE
6 PURCHASER'S EXPENSE. THE VETERINARIAN'S CERTIFICATION SHALL
7 STATE THE FOLLOWING INFORMATION:
8 (1) THE PURCHASER'S NAME AND ADDRESS.
9 (2) THE DATE THE DOG WAS EXAMINED.
10 (3) THE BREED AND AGE OF THE DOG.
11 (4) (I) THAT THE VETERINARIAN EXAMINED THE DOG.
12 (II) THAT THE DOG HAS OR HAD AN ILLNESS AS DESCRIBED
13 IN SUBSECTION (B), OR A DEFECT AS DESCRIBED IN SUBSECTION
14 (B), WHICH RENDERS IT UNFIT FOR PURCHASE OR WHICH
15 RESULTED IN ITS DEATH.
16 (III) THE PRECISE FINDINGS OF THE EXAMINATION,
17 DIAGNOSTIC TESTS OR NECROPSY.
18 (5) THE TREATMENT RECOMMENDED, IF ANY, AND AN ESTIMATE
19 OR THE ACTUAL COST OF THE TREATMENT SHOULD THE PURCHASER
20 CHOOSE TO RETAIN THE DOG AND SEEK REIMBURSEMENT FOR
21 VETERINARY FEES TO CURE OR ATTEMPT TO CURE THE DOG.
22 (6) THE VETERINARIAN'S NAME, ADDRESS, TELEPHONE NUMBER
23 AND SIGNATURE.
24 (D) DISCLOSURES.--WITHIN TWO BUSINESS DAYS OF A VETERINARY
25 EXAMINATION WHICH CERTIFIES ILLNESS, DEFECT OR DEATH THE
26 PURCHASER SHALL NOTIFY THE SELLER OF THE NAME, ADDRESS AND
27 TELEPHONE NUMBER OF THE EXAMINING VETERINARIAN. FAILURE TO
28 NOTIFY THE SELLER OR TO CARRY OUT THE RECOMMENDED TREATMENT
29 PRESCRIBED BY THE EXAMINING VETERINARIAN WHO MADE THE INITIAL
30 DIAGNOSIS UNTIL A REMEDY AS PROVIDED FOR IN SUBSECTION (B) IS
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1 AGREED UPON SHALL RESULT IN THE PURCHASER'S FORFEITURE OF RIGHTS
2 UNDER THIS SECTION. SUBSECTION (B) SHALL NOT APPLY WHERE A
3 SELLER, WHO HAS PROVIDED A HEALTH CERTIFICATE ISSUED BY A
4 VETERINARIAN, DISCLOSES IN WRITING AT THE TIME OF SALE THE
5 HEALTH PROBLEM FOR WHICH THE BUYER LATER SEEKS TO RETURN THE
6 DOG. SUCH DISCLOSURES SHALL BE SIGNED BY BOTH THE SELLER AND
7 PURCHASER. WHERE THE SELLER HAS PROVIDED A GUARANTEE OF GOOD
8 HEALTH, SUBSECTION (B) SHALL APPLY REGARDLESS OF WHETHER THE
9 SELLER DISCLOSED THE HEALTH PROBLEM AT THE TIME OF SALE.
10 (E) REFUND OR REIMBURSEMENT BY SELLER.--THE REFUND OR
11 REIMBURSEMENT REQUIRED BY THIS SECTION SHALL BE MADE BY THE
12 SELLER NOT LATER THAN 14 DAYS FOLLOWING RECEIPT OF THE
13 VETERINARIAN'S CERTIFICATION THAT THE DOG IS UNFIT FOR PURCHASE
14 OR HAS DIED FROM A CONDITION DEFINED AS UNFIT FOR PURCHASE IN
15 THIS SECTION. THE CERTIFICATION SHALL BE PRESENTED TO THE SELLER
16 NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT THEREOF BY THE
17 PURCHASER.
18 (F) EXAMINATION BY SELLER'S VETERINARIAN.--IN THE EVENT THAT
19 THE SELLER WISHES TO CONTEST A DEMAND FOR REFUND, REPLACEMENT OR
20 REIMBURSEMENT MADE BY A PURCHASER PURSUANT TO THIS SECTION, THE
21 SELLER SHALL HAVE THE RIGHT, WITHIN TWO BUSINESS DAYS OF
22 NOTIFICATION BY PURCHASER OF A CONDITION WHICH RENDERS THE DOG
23 UNFIT FOR PURCHASE AS REQUIRED IN SUBSECTION (B), TO REQUIRE THE
24 PURCHASER TO PRODUCE THE DOG FOR EXAMINATION BY A LICENSED
25 VETERINARIAN DESIGNATED BY THE SELLER. THE VETERINARIAN'S FEE
26 FOR THIS EXAMINATION INCLUDING ANY DIAGNOSTIC TESTS FOR NECROPSY
27 SHALL BE PAID BY THE SELLER. IF THE DOG IS INCAPABLE OF BEING
28 TRANSPORTED BECAUSE OF BEING HOSPITALIZED, THE PURCHASER'S
29 ATTENDING VETERINARIAN SHALL PROVIDE ALL RELEVANT INFORMATION
30 REGARDING THE CASE AS REQUESTED BY THE SELLER'S VETERINARIAN.
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1 UNLESS THE DOG IS HOSPITALIZED, FAILURE TO PRODUCE THE DOG
2 WITHIN TWO BUSINESS DAYS FROM EXAMINATION BY THE PURCHASER WILL
3 NULLIFY ANY OBLIGATION TO REPLACE, REFUND OR REIMBURSE BY THE
4 SELLER. UPON EXAMINATION, IF THE PURCHASER AND THE SELLER ARE
5 UNABLE TO REACH AN AGREEMENT WHICH CONSTITUTES ONE OF THE
6 OPTIONS SET FORTH IN THIS SECTION WITHIN 14 DAYS FOLLOWING
7 RECEIPT OF THE DOG FOR THE EXAMINATION, EITHER PARTY MAY
8 INITIATE AN ACTION IN A COURT OF COMPETENT JURISDICTION.
9 (G) REGISTERED OR REGISTRABLE DOGS.--
10 (1) ANY SELLER WHO ADVERTISES OR OTHERWISE REPRESENTS
11 THAT A DOG IS REGISTERED OR REGISTERABLE SHALL PROVIDE THE
12 PURCHASER OF THE DOG WITH THE FOLLOWING INFORMATION AT THE
13 TIME OF SALE:
14 (I) THE BREEDER'S NAME AND ADDRESS.
15 (II) THE NAME AND REGISTRATION NUMBER OF THE DAM AND
16 SIRE OF THE PURCHASED DOG'S LITTER.
17 (III) THE NAME AND ADDRESS OF THE PEDIGREE REGISTRY
18 ORGANIZATION WHERE THE DAM AND SIRE ARE REGISTERED.
19 (2) ALL DOCUMENTATION NECESSARY TO EFFECT THE
20 REGISTRATION OF THE DOG SHALL BE PROVIDED BY THE SELLER TO
21 THE OWNER WITHIN 120 DAYS OF THE DATE OF SALE. THE 120-DAY
22 PERIOD MAY BE EXTENDED BY THE SELLER IF THE DOG IS BEING
23 IMPORTED FROM OUTSIDE THE UNITED STATES BY NOTIFYING THE
24 PURCHASER IN WRITING OF THE REASON FOR THE EXTENSION AND A
25 REASONABLE ESTIMATE OF THE ARRIVAL DATE OF THE REGISTRATION
26 DOCUMENTS.
27 (3) IF THE SELLER FAILS TO PROVIDE THIS DOCUMENTATION
28 WITHIN 120 DAYS OF THE DATE OF SALE OR FAILS TO NOTIFY THE
29 PURCHASER OF AN EXTENSION UNDER PARAGRAPH (2), THE PURCHASER
30 MAY ELECT ONE OF THE FOLLOWING REMEDIES:
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1 (I) RETURN THE DOG AND RECEIVE A FULL REFUND OF THE
2 PURCHASE PRICE, NOT INCLUDING SALES TAX.
3 (II) RETAIN THE DOG AND RECEIVE A REFUND FROM THE
4 SELLER IN AN AMOUNT EQUAL TO 50% OF THE PURCHASE PRICE.
5 (4) THE SELLER MAY WITHHOLD THE DOG'S REGISTRATION
6 APPLICATION UNTIL THE PURCHASER SUPPLIES THE SELLER WITH A
7 SIGNED VETERINARIAN'S CERTIFICATE STATING THAT THE DOG HAS
8 BEEN SPAYED OR NEUTERED, PROVIDED THAT WITHHOLDING OF THE
9 APPLICATION WAS AGREED TO IN WRITING BY THE PURCHASER AT THE
10 TIME OF SALE. THE SELLER SHALL PROVIDE THE REGISTRATION
11 APPLICATION WITHIN TEN DAYS OF RECEIVING THE VETERINARIAN'S
12 CERTIFICATE IF THE CERTIFICATE IS SUPPLIED BEYOND THE 120-DAY
13 PERIOD PROVIDED FOR IN PARAGRAPH (2).
14 (H) SUMMARY OF LAW.--
15 (1) A SUMMARY OF THE PROVISIONS OF THIS SECTION SHALL BE
16 CONSPICUOUSLY POSTED IN THE PLACE OF BUSINESS OF PERSONS
17 SUBJECT TO THIS SECTION. THE OFFICE OF ATTORNEY GENERAL SHALL
18 PROMULGATE REGULATIONS SPECIFYING THE CONTENTS OF THE SUMMARY
19 WHICH MUST BE POSTED. IN ADDITION, THE POSTED NOTICE SHALL
20 STATE THAT THE HEALTH RECORD INFORMATION IS AVAILABLE ON
21 REQUEST.
22 (2) AT THE TIME OF THE SALE, THE SELLER SHALL PROVIDE
23 THE PURCHASER WITH A WRITTEN NOTICE SETTING FORTH THE RIGHTS
24 PROVIDED UNDER THIS SECTION. THE NOTICE SHALL INCLUDE THE
25 FOLLOWING STATEMENT:
26 THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF PENNSYLVANIA
27 LAW. THE ACTUAL PROVISIONS OF THE LAW ARE IN THE
28 PENNSYLVANIA CRIMES CODE.
29 (I) ENFORCEMENT.--
30 (1) THE OFFICE OF ATTORNEY GENERAL SHALL ENFORCE THE
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1 PROVISIONS OF THIS SECTION.
2 (2) IN ADDITION TO ANY OTHER PENALTY UNDER THIS ACT, A
3 CIVIL PENALTY OF UP TO $1,000 ON ANY CURRENT LICENSEE SHALL
4 BE LEVIED AGAINST ANY PERSON WHO VIOLATES ANY PROVISION OF
5 THIS SECTION OR ANY PERSON WHO CONDUCTS BUSINESS UNDER THIS
6 SECTION WITHOUT PROPER LICENSE TO DO SO. A PENALTY SHALL BE
7 LEVIED FOR EACH VIOLATION.
8 (3) A PURCHASER SHALL FILE A COMPLAINT PURSUANT TO THIS
9 SECTION BY REPORTING IT TO THE BUREAU OF CONSUMER PROTECTION
10 OF THE OFFICE OF ATTORNEY GENERAL.
11 (J) PENALTY.--A PERSON WHO VIOLATES ANY PROVISION OF THIS
12 SECTION OR WHO CONDUCTS BUSINESS UNDER THIS SECTION WITHOUT
13 PROPER LICENSE TO DO SO COMMITS A MISDEMEANOR OF THE THIRD
14 DEGREE.
15 (K) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
16 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
17 SUBSECTION:
18 "SELLER." A KENNEL, PET SHOP OPERATOR OR OTHER INDIVIDUAL
19 WHO SELLS DOGS TO THE PUBLIC AND WHO OWNS OR OPERATES A KENNEL
20 OR PET SHOP LICENSED BY THE PENNSYLVANIA DEPARTMENT OF
21 AGRICULTURE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE. THE
22 TERM SHALL NOT INCLUDE NONPROFIT KENNELS AS DEFINED UNDER THE
23 ACT OF DECEMBER 7, 1982 (P.L.784, NO.225), KNOWN AS THE DOG LAW.
24 "UNFIT FOR PURCHASE." 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." AN INDIVIDUAL LICENSED UNDER THE LAWS OF
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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.
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