1Amending the act of December 17, 1968 (P.L.1224, No.387), 
2entitled "An act prohibiting unfair methods of competition 
3and unfair or deceptive acts or practices in the conduct of 
4any trade or commerce, giving the Attorney General and 
5District Attorneys certain powers and duties and providing 
6penalties," further providing for dog purchaser protection.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 9.3(a)(2), (b), (c), (d) and (i) of the 
10act of December 17, 1968 (P.L.1224, No.387), known as the Unfair 
11Trade Practices and Consumer Protection Law, reenacted and 
12amended November 24, 1976 (P.L.1166, No.260) and added June 25, 
131997 (P.L.287, No.27), are amended and the section is amended by 
14adding a subsection to read:

15Section 9.3. Dog Purchaser Protection.--(a) * * *

16(2) (i) [A] Except as provided under subsection (b.2)(3) of 
17this section, a health certificate issued by a veterinarian 
18shall certify the dog sold by the seller to be apparently free 
19of any contagious or infectious illness and apparently free from 

1any defect which is congenital or hereditary and diagnosable 
2with reasonable accuracy and does not appear to be clinically 
3ill from parasitic infestation at the time of the physical 
4examination. The health certificate shall include the name, 
5address and signature of the veterinarian and the date the dog 
6was examined.

7(ii) [A] Except as provided under subsection (b.2)(3) of 
8this section, a guarantee of good health issued by the seller, 
9and dated and signed by the seller and the purchaser on the date 
10of the sale, warranting that the dog being sold is apparently 
11free of and does not exhibit any signs of any contagious or 
12infectious disease, is apparently free from and does not exhibit 
13any signs of any defect which is congenital or hereditary; and 
14does not exhibit any signs of being clinically ill or exhibit 
15any signs of a parasitic infestation on the date of the sale. 
16The guarantee of good health shall clearly state in bold type:

17THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG HAS BEEN
18EXAMINED BY A VETERINARIAN. THE PURCHASER IS ENCOURAGED
19TO HAVE THIS DOG EXAMINED BY A VETERINARIAN AS SOON AFTER
20PURCHASE AS IS FEASIBLE.

21The seller shall also verbally state these facts to the
22purchaser.

23(b) If, within [ten] fourteen days after the date of
24purchase, a dog purchased from a seller is determined, through
25physical examination, diagnostic tests or necropsy by a
26veterinarian, to be clinically ill or [dies] to have died from
27any contagious or infectious illness or any parasitic illness
28which renders it unfit for purchase [or results in its death],
29the purchaser may exercise one of the following options:

30(1) Return the dog to the seller for a complete refund of

1the purchase price, not including the sales tax.

2(2) Return the dog to the seller for a replacement dog of
3equal value of the purchaser's choice, providing a replacement
4dog is available.

5(3) Retain the dog and be entitled to receive reimbursement
6from the seller for reasonable veterinary fees incurred in
7curing [or], attempting to cure or treating the affected dog,
8subject to the limitation that the seller's liability for
9reimbursement shall not exceed the purchase price, not including
10sales tax, of the dog. This clause shall apply only if the
11purchaser's veterinarian determines the dog's illness can be
12treated [and corrected] by procedures that are appropriate and
13customary. The value of these services is considered reasonable
14if comparable to the value of similar services rendered by other
15licensed veterinarians in reasonable proximity to the treating
16veterinarian. Reimbursement shall not include the costs of the
17initial veterinary examination fee and diagnostic or treatment
18fees not directly related to the veterinarian's certification
19that the animal is unfit for purchase pursuant to this section.
20[If, however, the purchaser's veterinarian determines the dog's
21illness is incurable, only the options in clauses (1) and (2) of
22this subsection shall apply.

23For the purposes of this subsection, veterinary findings of
24intestinal and external parasites shall not be grounds for
25declaring the dog unfit for purchase unless the dog is
26clinically ill or dies due to that condition. A dog shall not be
27found unfit for purchase on account of injury sustained or
28illness most likely contracted subsequent to the date of sale.]

29(b.1) (1) If, within [thirty] ninety days after the date of 
30purchase, a dog purchased from a seller is [certified] 

1determined, through physical examination, diagnostic tests or 
2necropsy by a veterinarian [that the dog has or] to have a 
3defect or to have died from a defect which is congenital or 
4hereditary and which [adversely affects or affected the health 
5of the animal] renders it unfit for purchase, the purchaser may 
6exercise one of the options as provided in [clauses (1), (2) and 
7(3) of this subsection.] subsection (b) of this section.

8(2) Remedies available under [clauses (1), (2) and (3) of 
9this] subsection (b) of this section shall also apply to 
10replacement dogs.

11(b.2) (1) A dog shall not be found unfit for purchase for
12the purposes of subsection (b) of this section because of
13veterinary findings of intestinal or external parasites unless
14the dog is clinically ill or dies due to the condition.

15(2) A dog shall not be found unfit for purchase on account
16of injury sustained or illness most likely contracted subsequent
17to the date of sale.

18(3) A dog shall not be found unfit for purchase because of a
19health problem which, in addition to a health certificate or
20guarantee of good health required under subsection (a) of this
21section, is separately disclosed by the seller in writing at the
22time of sale. Such disclosure shall be signed by both the seller
23and the purchaser at the time of sale and shall be documented in
24the health certificate or guarantee of good health.

25(c) A veterinarian's certification of illness, congenital or
26hereditary defects or death shall be necessary for a refund or
27replacement or to receive reimbursement for veterinary costs if
28the dog is retained by the purchaser and treated for illness or
29congenital or hereditary defect as provided in this section. The
30veterinarian's certification shall be supplied at the

1purchaser's expense. The veterinarian's certification shall
2state the following information:

3(1) The purchaser's name and address.

4(2) The date the dog was examined.

5(3) The breed and age of the dog.

6(4) (i) That the veterinarian examined the dog.

7(ii) That the dog has or had an illness as described in
8subsection (b) of this section or a defect as described in
9subsection (b) of this section which renders it unfit for
10purchase or which resulted in its death.

11(iii) The precise findings of the examination, diagnostic
12tests or necropsy.

13(5) The treatment recommended, if any, and an estimate or
14the actual cost of the treatment should the purchaser choose to
15retain the dog and seek reimbursement for veterinary fees to
16cure or attempt to cure the dog.

17(6) The veterinarian's name, address, telephone number and
18signature.

19Within [two] five business days of a veterinary examination
20which certifies illness, defect or death, the purchaser shall
21notify the seller of the name, address and telephone number of
22the examining veterinarian. Failure to notify the seller or to
23carry out the recommended treatment prescribed by the examining
24veterinarian who made the initial diagnosis until a remedy as
25provided for in subsection (b) of this section is agreed upon
26shall result in the purchaser's forfeiture of rights under this
27section. [Subsection (b) of this section shall not apply where a
28seller who has provided a health certificate issued by a
29veterinarian discloses in writing at the time of sale the health
30problem for which the buyer later seeks to return the dog. Such

1disclosures shall be signed by both the seller and purchaser.
2Where the seller has provided a guarantee of good health,
3subsection (b) of this section shall apply regardless of whether
4the seller disclosed the health problem at the time of sale.]

5(d) The refund or reimbursement required by this section
6shall be made by the seller not later than fourteen days
7following receipt of the veterinarian's certification that the
8dog is unfit for purchase or has died from a condition defined
9as unfit for purchase in this section. The certification shall
10be presented to the seller not later than [five] seven days
11following receipt thereof by the purchaser.

12* * *

13(i) As used in this section:

14"Seller" means a kennel, pet shop operator or other 
15individual who sells dogs to the public and who owns or operates 
16a kennel or pet shop which is required to be licensed by the 
17Pennsylvania Department of Agriculture or the United States 
18Department of Agriculture. The term shall not include nonprofit 
19kennels as defined under the act of December 7, 1982 (P.L.784, 
20No.225), known as the "Dog Law."

21"Unfit for purchase" means any disease, deformity, injury, 
22physical condition, illness or any defect which is congenital or 
23hereditary and which [severely affects] has a significant 
24adverse effect on the health of the animal or which was 
25manifest, capable of diagnosis or likely to have been contracted 
26on or before the sale and delivery of the animal to the 
27consumer.

28"Veterinarian" means an individual licensed under the laws of 
29this Commonwealth or any other state to practice veterinary 
30medicine and surgery.

1Section 2. This act shall take effect in 60 days.