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PRINTER'S NO. 7
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
22
Session of
2015
INTRODUCED BY GREENLEAF, BREWSTER, TEPLITZ, FONTANA, YUDICHAK,
STACK, COSTA, VULAKOVICH, BOSCOLA, SMITH, ALLOWAY, FARNESE
AND RAFFERTY, JANUARY 14, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 14, 2015
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 subsections 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
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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] Except as provided under subsection (b.2)(3) of
this section, 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.
(a.1) A releasing agency shall provide a new owner of a dog
with a health record for the dog at the time of adoption. The
health record supplied by the releasing agency shall include the
following:
(1) The dog's breed. If the breed is unknown or mixed, the
health record shall so indicate.
(2) The dog's approximate age, if known.
(3) The dog's gender.
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(4) The dog's color and markings.
(5) A list of all vaccinations, if known, administered to
the dog, the date and type of vaccinations and the name of the
person who administered them, if known, up to the date of
adoption.
(6) A record of any known disease, illness or condition with
which the dog is or has been afflicted at the time of the
adoption.
(7) A record of any veterinary treatment or medication
received by the dog while in possession of the releasing agency
to treat any disease, illness or condition.
(8) The date, dosage and type of any parasitical medicine,
if known, that was administered to the dog.
(9) The name, address and signature of an authorized person
at the releasing agency, along with a statement affirming all of
the information provided in this subsection is true to the best
of the releasing agency's knowledge and belief.
(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
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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
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
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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.
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(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
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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:
"Adopt" or "adoption" means the transfer of ownership of a
dog from a releasing agency to a new owner.
"New owner" means a person who adopts a dog from a releasing
agency.
"Releasing agency" means a releasing agency as defined under
section 901-A of the act of December 7, 1982 (P.L.784, No.225),
known as the "Dog Law."
"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
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this Commonwealth or any other state to practice veterinary
medicine and surgery.
Section 2. This act shall take effect in 60 days.
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