THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ALLOWAY, BOSCOLA, BREWSTER, LEACH, YUDICHAK AND FARNESE, JANUARY 12, 2011

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, APRIL 12, 2011   

AN ACT

Amending the act of December 17, 1968 (P.L.1224, No.387),

entitled "An act prohibiting unfair methods of competition

and unfair or deceptive acts or practices in the conduct of

any trade or commerce, giving the Attorney General and

District Attorneys certain powers and duties and providing

penalties," further providing for dog purchaser protection.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9.3(a)(2), (b), (c), (d) and (i) of the

act of December 17, 1968 (P.L.1224, No.387), known as the Unfair

Trade Practices and Consumer Protection Law, reenacted and

amended November 24, 1976 (P.L.1166, No.260), and added June 25,

1997 (P.L.287, No.27), are amended and the section is amended by

adding a subsection to read:

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

(2)  (i)  [A] Except as provided under subsection (b.2)(3) of

this section, a health certificate issued by a veterinarian

shall certify the dog sold by the seller to be apparently free

of any contagious or infectious illness and apparently free from

any defect which is congenital or hereditary and diagnosable

with reasonable accuracy and does not appear to be clinically

ill from parasitic infestation at the time of the physical

examination. The health certificate shall include the name,

address and signature of the veterinarian and the date the dog

was examined.

(ii)  A guarantee of good health issued by the seller, and

dated and signed by the seller and the purchaser on the date of

the sale, warranting that the dog being sold is apparently free

of and does not exhibit any signs of any contagious or

infectious disease, is apparently free from and does not exhibit

any signs of any defect which is congenital or hereditary; and

does not exhibit any signs of being clinically ill or exhibit

any signs of a parasitic infestation on the date of the sale.

The guarantee of good health shall clearly state in bold type:

THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG HAS BEEN

EXAMINED BY A VETERINARIAN. THE PURCHASER IS ENCOURAGED

TO HAVE THIS DOG EXAMINED BY A VETERINARIAN AS SOON AFTER

PURCHASE AS IS FEASIBLE.

The seller shall also verbally state these facts to the

purchaser.

(b)  If, within [ten] fourteen days after the date of

purchase, a dog purchased from a seller is determined, through

physical examination, diagnostic tests or necropsy by a

veterinarian, to be clinically ill or [dies] to have died from

any contagious or infectious illness or any parasitic illness

which renders it unfit for purchase [or results in its death],

the purchaser may exercise one of the following options:

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

the purchase price, not including the sales tax.

(2)  Return the dog to the seller for a replacement dog of

equal value of the purchaser's choice, providing a replacement

dog is available.

(3)  Retain the dog and be entitled to receive reimbursement

from the seller for reasonable veterinary fees incurred in

curing [or], attempting to cure or treating the affected dog,

subject to the limitation that the seller's liability for

reimbursement shall not exceed the purchase price, not including

sales tax, of the dog. This clause shall apply only if the

purchaser's veterinarian determines the dog's illness can be

treated [and corrected] by procedures that are appropriate and

customary. The value of these services is considered reasonable

if comparable to the value of similar services rendered by other

licensed veterinarians in reasonable proximity to the treating

veterinarian. Reimbursement shall not include the costs of the

initial veterinary examination fee and diagnostic or treatment

fees not directly related to the veterinarian's certification

that the animal is unfit for purchase pursuant to this section.

[If, however, the purchaser's veterinarian determines the dog's

illness is incurable, only the options in clauses (1) and (2) of

this subsection shall apply.

For the purposes of this subsection, veterinary findings of

intestinal and external parasites shall not be grounds for

declaring the dog unfit for purchase unless the dog is

clinically ill or dies due to that condition. A dog shall not be

found unfit for purchase on account of injury sustained or

illness most likely contracted subsequent to the date of sale.]

(b.1)  (1)  If, within [thirty] ninety days after the date of

purchase, a dog purchased from a seller is [certified] 

determined, through physical examination, diagnostic tests or

necropsy by a veterinarian [that the dog has or] to have a

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defect or to have died from a defect which is congenital or

hereditary and which [adversely affects or affected the health

of the animal] renders it unfit for purchase, the purchaser may

exercise one of the options as provided in [clauses (1), (2) and

(3) of this subsection.] subsection (b) of this section.

(2)  Remedies available under [clauses (1), (2) and (3) of

this] subsection (b) of this section shall also apply to

replacement dogs.

(b.2)  (1)  A dog shall not be found unfit for purchase for

the purposes of subsection (b) of this section because of

veterinary findings of intestinal or external parasites unless

the dog is clinically ill or dies due to the condition.

(2)  A dog shall not be found unfit for purchase on account

of injury sustained or illness most likely contracted subsequent

to the date of sale.

(3)  A dog shall not be found unfit for purchase because of a

health problem which, in addition to a health certificate or

guarantee of good health required under subsection (a) of this

section, is separately disclosed by the seller in writing at the

time of sale. Such disclosure shall be signed by both the seller

and the purchaser at the time of sale and shall be documented in

the health certificate or guarantee of good health.

(c)  A veterinarian's certification of illness, congenital or

hereditary defects or death shall be necessary for a refund or

replacement or to receive reimbursement for veterinary costs if

the dog is retained by the purchaser and treated for illness or

congenital or hereditary defect as provided in this section. The

veterinarian's certification shall be supplied at the

purchaser's expense. The veterinarian's certification shall

state the following information:

(1)  The purchaser's name and address.

(2)  The date the dog was examined.

(3)  The breed and age of the dog.

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

(ii)  That the dog has or had an illness as described in

subsection (b) of this section or a defect as described in

subsection (b) of this section which renders it unfit for

purchase or which resulted in its death.

(iii)  The precise findings of the examination, diagnostic

tests or necropsy.

(5)  The treatment recommended, if any, and an estimate or

the actual cost of the treatment should the purchaser choose to

retain the dog and seek reimbursement for veterinary fees to

cure or attempt to cure the dog.

(6)  The veterinarian's name, address, telephone number and

signature.

Within [two] five business days of a veterinary examination

which certifies illness, defect or death, the purchaser shall

notify the seller of the name, address and telephone number of

the examining veterinarian. Failure to notify the seller or to

carry out the recommended treatment prescribed by the examining

veterinarian who made the initial diagnosis until a remedy as

provided for in subsection (b) of this section is agreed upon

shall result in the purchaser's forfeiture of rights under this

section. [Subsection (b) of this section shall not apply where a

seller who has provided a health certificate issued by a

veterinarian discloses in writing at the time of sale the health

problem for which the buyer later seeks to return the dog. Such

disclosures shall be signed by both the seller and purchaser.

Where the seller has provided a guarantee of good health,

subsection (b) of this section shall apply regardless of whether

the seller disclosed the health problem at the time of sale.]

(d)  The refund or reimbursement required by this section

shall be made by the seller not later than fourteen days

following receipt of the veterinarian's certification that the

dog is unfit for purchase or has died from a condition defined

as unfit for purchase in this section. The certification shall

be presented to the seller not later than [five] seven days

following receipt thereof by the purchaser.

* * *

(i)  As used in this section:

"Seller" means a kennel, pet shop operator or other

individual who sells dogs to the public and who owns or operates

a kennel or pet shop which is required to be licensed by the

Pennsylvania Department of Agriculture or the United States

Department of Agriculture. The term shall not include nonprofit

kennels as defined under the act of December 7, 1982 (P.L.784,

No.225), known as the "Dog Law."

"Unfit for purchase" means any disease, deformity, injury,

physical condition, illness or any defect which is congenital or

hereditary and which [severely affects] has a significant

adverse effect on the health of the animal or which was

manifest, capable of diagnosis or likely to have been contracted

on or before the sale and delivery of the animal to the

consumer.

"Veterinarian" means an individual licensed under the laws of

this Commonwealth or any other state to practice veterinary

medicine and surgery.

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