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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, ALLOWAY, BOSCOLA, BREWSTER AND LEACH, JANUARY 12, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 12, 2011 |
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| AN ACT |
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1 | Amending the act of December 17, 1968 (P.L.1224, No.387), |
2 | entitled "An act prohibiting unfair methods of competition |
3 | and unfair or deceptive acts or practices in the conduct of |
4 | any trade or commerce, giving the Attorney General and |
5 | District Attorneys certain powers and duties and providing |
6 | penalties," further providing for dog purchaser protection. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 9.3(a)(2), (b), (c), (d) and (i) of the |
10 | act of December 17, 1968 (P.L.1224, No.387), known as the Unfair |
11 | Trade Practices and Consumer Protection Law, reenacted and |
12 | amended November 24, 1976 (P.L.1166, No.260), and added June 25, |
13 | 1997 (P.L.287, No.27), are amended and the section is amended by |
14 | adding a subsection to read: |
15 | Section 9.3. Dog Purchaser Protection.--(a) * * * |
16 | (2) (i) [A] Except as provided under subsection (b.2)(3) of |
17 | this section, a health certificate issued by a veterinarian |
18 | shall certify the dog sold by the seller to be apparently free |
19 | of any contagious or infectious illness and apparently free from |
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1 | any defect which is congenital or hereditary and diagnosable |
2 | with reasonable accuracy and does not appear to be clinically |
3 | ill 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] fourteen days after the date of |
23 | purchase, a dog purchased from a seller is determined, through |
24 | physical examination, diagnostic tests or necropsy by a |
25 | veterinarian, to be clinically ill or [dies] to have died from |
26 | any contagious or infectious illness or any parasitic illness |
27 | which renders it unfit for purchase [or results in its death], |
28 | the purchaser may exercise one 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. |
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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 or treating the affected dog, |
7 | subject to the limitation that the seller's liability for |
8 | reimbursement shall not exceed the purchase price, not including |
9 | sales tax, of the dog. This clause shall apply only if the |
10 | purchaser's veterinarian determines the dog's illness can be |
11 | treated [and corrected] by procedures that are appropriate and |
12 | customary. The value of these services is considered reasonable |
13 | if comparable to the value of similar services rendered by other |
14 | licensed 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 | (b.1) (1) If, within [thirty] ninety days after the date of |
29 | purchase, a dog purchased from a seller is [certified] |
30 | determined, through physical examination, diagnostic tests or |
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1 | necropsy by a veterinarian [that the dog has or] to have or to |
2 | have died from a defect which is congenital or hereditary and |
3 | which [adversely affects or affected the health of the animal] |
4 | renders it unfit for purchase, the purchaser may exercise one of |
5 | the options as provided in [clauses (1), (2) and (3) of this |
6 | subsection.] subsection (b) of this section. |
7 | (2) Remedies available under [clauses (1), (2) and (3) of |
8 | this] subsection (b) of this section shall also apply to |
9 | replacement dogs. |
10 | (b.2) (1) A dog shall not be found unfit for purchase for |
11 | the purposes of subsection (b) of this section because of |
12 | veterinary findings of intestinal or external parasites unless |
13 | the dog is clinically ill or dies due to the condition. |
14 | (2) A dog shall not be found unfit for purchase on account |
15 | of injury sustained or illness most likely contracted subsequent |
16 | to the date of sale. |
17 | (3) A dog shall not be found unfit for purchase because of a |
18 | health problem which, in addition to a health certificate or |
19 | guarantee of good health required under subsection (a) of this |
20 | section, is separately disclosed by the seller in writing at the |
21 | time of sale. Such disclosure shall be signed by both the seller |
22 | and the purchaser at the time of sale and shall be documented in |
23 | the health certificate or guarantee of good health. |
24 | (c) A veterinarian's certification of illness, congenital or |
25 | hereditary defects or death shall be necessary for a refund or |
26 | replacement or to receive reimbursement for veterinary costs if |
27 | the dog is retained by the purchaser and treated for illness or |
28 | congenital or hereditary defect as provided in this section. The |
29 | veterinarian's certification shall be supplied at the |
30 | purchaser's expense. The veterinarian's certification shall |
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1 | state the following information: |
2 | (1) The purchaser's name and address. |
3 | (2) The date the dog was examined. |
4 | (3) The breed and age of the dog. |
5 | (4) (i) That the veterinarian examined the dog. |
6 | (ii) That the dog has or had an illness as described in |
7 | subsection (b) of this section or a defect as described in |
8 | subsection (b) of this section which renders it unfit for |
9 | purchase or which resulted in its death. |
10 | (iii) The precise findings of the examination, diagnostic |
11 | tests or necropsy. |
12 | (5) The treatment recommended, if any, and an estimate or |
13 | the actual cost of the treatment should the purchaser choose to |
14 | retain the dog and seek reimbursement for veterinary fees to |
15 | cure or attempt to cure the dog. |
16 | (6) The veterinarian's name, address, telephone number and |
17 | signature. |
18 | Within [two] five business days of a veterinary examination |
19 | which certifies illness, defect or death, the purchaser shall |
20 | notify the seller of the name, address and telephone number of |
21 | the examining veterinarian. Failure to notify the seller or to |
22 | carry out the recommended treatment prescribed by the examining |
23 | veterinarian who made the initial diagnosis until a remedy as |
24 | provided for in subsection (b) of this section is agreed upon |
25 | shall result in the purchaser's forfeiture of rights under this |
26 | section. [Subsection (b) of this section shall not apply where a |
27 | seller who has provided a health certificate issued by a |
28 | veterinarian discloses in writing at the time of sale the health |
29 | problem for which the buyer later seeks to return the dog. Such |
30 | disclosures shall be signed by both the seller and purchaser. |
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1 | Where the seller has provided a guarantee of good health, |
2 | subsection (b) of this section shall apply regardless of whether |
3 | the seller disclosed the health problem at the time of sale.] |
4 | (d) The refund or reimbursement required by this section |
5 | shall be made by the seller not later than fourteen days |
6 | following receipt of the veterinarian's certification that the |
7 | dog is unfit for purchase or has died from a condition defined |
8 | as unfit for purchase in this section. The certification shall |
9 | be presented to the seller not later than [five] seven days |
10 | following receipt thereof by the purchaser. |
11 | * * * |
12 | (i) As used in this section: |
13 | "Seller" means a kennel, pet shop operator or other |
14 | individual who sells dogs to the public and who owns or operates |
15 | a kennel or pet shop which is required to be licensed by the |
16 | Pennsylvania Department of Agriculture or the United States |
17 | Department of Agriculture. The term shall not include nonprofit |
18 | kennels as defined under the act of December 7, 1982 (P.L.784, |
19 | No.225), known as the "Dog Law." |
20 | "Unfit for purchase" means any disease, deformity, injury, |
21 | physical condition, illness or any defect which is congenital or |
22 | hereditary and which [severely affects] has a significant |
23 | adverse effect on the health of the animal or which was |
24 | manifest, capable of diagnosis or likely to have been contracted |
25 | on or before the sale and delivery of the animal to the |
26 | consumer. |
27 | "Veterinarian" means an individual licensed under the laws of |
28 | this Commonwealth or any other state to practice veterinary |
29 | medicine and surgery. |
30 | Section 2. This act shall take effect in 60 days. |
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