PRIOR PRINTER'S NO. 47
PRINTER'S NO. 1523
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GREENLEAF, FARNESE, ALLOWAY, MENSCH, TARTAGLIONE, TEPLITZ, BREWSTER, WASHINGTON, YUDICHAK, SOLOBAY, SMITH, FERLO, WOZNIAK, COSTA, BOSCOLA AND DINNIMAN, JANUARY 9, 2013
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 23, 2013
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.
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 subsections to read:
15Section 9.3. Dog Purchaser Protection.--(a) * * *
1of any contagious or infectious illness and apparently free from
2any defect which is congenital or hereditary and diagnosable
3with reasonable accuracy and does not appear to be clinically
4ill from parasitic infestation at the time of the physical
5examination. The health certificate shall include the name,
6address and signature of the veterinarian and the date the dog
8(ii) [A] Except as provided under subsection (b.2)(3) of
9this section, a guarantee of good health issued by the seller,
10and dated and signed by the seller and the purchaser on the date
11of the sale, warranting that the dog being sold is apparently
12free of and does not exhibit any signs of any contagious or
13infectious disease, is apparently free from and does not exhibit
14any signs of any defect which is congenital or hereditary; and
15does not exhibit any signs of being clinically ill or exhibit
16any signs of a parasitic infestation on the date of the sale.
17The guarantee of good health shall clearly state in bold type:
<-24(a.1) A releasing agency shall provide a new owner of a dog
25with a health record for the dog at the time of adoption. The
26health record supplied by the releasing agency shall include the
30(2) The dog's approximate age, if known.
1(3) The dog's gender.
2(4) The dog's color and markings.
15(9) The name, address and signature of an authorized person
16at the releasing agency, along with a statement affirming all of
17the information provided in this subsection is true to the best
18of the releasing agency's knowledge and belief.
19(b) If, within [ten] fourteen days after the date of
20purchase, a dog purchased from a seller is determined, through
21physical examination, diagnostic tests or necropsy by a
22veterinarian, to be clinically ill or [dies] to have died from
23any contagious or infectious illness or any parasitic illness
24which renders it unfit for purchase [or results in its death],
25the purchaser may exercise one of the following options:
1(3) Retain the dog and be entitled to receive reimbursement
2from the seller for reasonable veterinary fees incurred in
3curing [or], attempting to cure or treating the affected dog,
4subject to the limitation that the seller's liability for
5reimbursement shall not exceed the purchase price, not including
6sales tax, of the dog. This clause shall apply only if the
7purchaser's veterinarian determines the dog's illness can be
8treated [and corrected] by procedures that are appropriate and
9customary. The value of these services is considered reasonable
10if comparable to the value of similar services rendered by other
11licensed veterinarians in reasonable proximity to the treating
12veterinarian. Reimbursement shall not include the costs of the
13initial veterinary examination fee and diagnostic or treatment
14fees not directly related to the veterinarian's certification
15that the animal is unfit for purchase pursuant to this section.
16[If, however, the purchaser's veterinarian determines the dog's
17illness is incurable, only the options in clauses (1) and (2) of
18this subsection shall apply.
19For the purposes of this subsection, veterinary findings of
20intestinal and external parasites shall not be grounds for
21declaring the dog unfit for purchase unless the dog is
22clinically ill or dies due to that condition. A dog shall not be
23found unfit for purchase on account of injury sustained or
24illness most likely contracted subsequent to the date of sale.]
25(b.1) (1) If, within [thirty] ninety days after the date of
26purchase, a dog purchased from a seller is [certified]
27determined, through physical examination, diagnostic tests or
28necropsy by a veterinarian [that the dog has or] to have a
29defect or to have died from a defect which is congenital or
30hereditary and which [adversely affects or affected the health
7(b.2) (1) A dog shall not be found unfit for purchase for
8the purposes of subsection (b) of this section because of
9veterinary findings of intestinal or external parasites unless
10the dog is clinically ill or dies due to the condition.
14(3) A dog shall not be found unfit for purchase because of a
15health problem which, in addition to a health certificate or
16guarantee of good health required under subsection (a) of this
17section, is separately disclosed by the seller in writing at the
18time of sale. Such disclosure shall be signed by both the seller
19and the purchaser at the time of sale and shall be documented in
20the health certificate or guarantee of good health.
21(c) A veterinarian's certification of illness, congenital or
22hereditary defects or death shall be necessary for a refund or
23replacement or to receive reimbursement for veterinary costs if
24the dog is retained by the purchaser and treated for illness or
25congenital or hereditary defect as provided in this section. The
26veterinarian's certification shall be supplied at the
27purchaser's expense. The veterinarian's certification shall
28state the following information:
29(1) The purchaser's name and address.
30(2) The date the dog was examined.
1(3) The breed and age of the dog.
2(4) (i) That the veterinarian examined the dog.
3(ii) That the dog has or had an illness as described in
4subsection (b) of this section or a defect as described in
5subsection (b) of this section which renders it unfit for
6purchase or which resulted in its death.
9(5) The treatment recommended, if any, and an estimate or
10the actual cost of the treatment should the purchaser choose to
11retain the dog and seek reimbursement for veterinary fees to
12cure or attempt to cure the dog.
15Within [two] five business days of a veterinary examination
16which certifies illness, defect or death, the purchaser shall
17notify the seller of the name, address and telephone number of
18the examining veterinarian. Failure to notify the seller or to
19carry out the recommended treatment prescribed by the examining
20veterinarian who made the initial diagnosis until a remedy as
21provided for in subsection (b) of this section is agreed upon
22shall result in the purchaser's forfeiture of rights under this
23section. [Subsection (b) of this section shall not apply where a
24seller who has provided a health certificate issued by a
25veterinarian discloses in writing at the time of sale the health
26problem for which the buyer later seeks to return the dog. Such
27disclosures shall be signed by both the seller and purchaser.
28Where the seller has provided a guarantee of good health,
29subsection (b) of this section shall apply regardless of whether
30the seller disclosed the health problem at the time of sale.]
1(d) The refund or reimbursement required by this section
2shall be made by the seller not later than fourteen days
3following receipt of the veterinarian's certification that the
4dog is unfit for purchase or has died from a condition defined
5as unfit for purchase in this section. The certification shall
6be presented to the seller not later than [five] seven days
7following receipt thereof by the purchaser.
8* * *
9(i) As used in this section:
17"Seller" means a kennel, pet shop operator or other
18individual who sells dogs to the public and who owns or operates
19a kennel or pet shop which is required to be licensed by the
20Pennsylvania Department of Agriculture or the United States
21Department of Agriculture. The term shall not include nonprofit
22kennels as defined under the act of December 7, 1982 (P.L.784,
23No.225), known as the "Dog Law."
24"Unfit for purchase" means any disease, deformity, injury,
25physical condition, illness or any defect which is congenital or
26hereditary and which [severely affects] has a significant
27adverse effect on the health of the animal or which was
28manifest, capable of diagnosis or likely to have been contracted
29on or before the sale and delivery of the animal to the
4Section 2. This act shall take effect in 60 days.