STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

ARKANSAS (Business And Commercial Law – Consumer Protection – Retail Pet Stores) §4-97-105 Consumer guarantees

1991

Requires pet stores to provide consumers with a notice of rights at the time of sale which includes:

·         animal's identifying number;

·         description, including breed, sex, and color;

·         date of sale;

·         name, address, and telephone number of the consumer; and

·         the sale price.

The notice may be contained in a written contract, an animal history certificate, or a separate document.  Must be in 10-point boldface type.

The store must certify information by signing the document.

Certification must:

·         be made by a vet after examining the animal;

·         identify the type of animal, breed, sex, color, and the owner’

·         list the date, diagnosis, recommended treatment, if any;

·         estimate the cost of treatment; and

·         include the required notice of rights.

Exceptions:

·         Intestinal parasites (unless the animal is clinically ill due to the parasites).

·         Injury sustained or illness contracted subsequent to the consumer's taking possession.

[See §5-37-501, which prohibits altering the teeth of livestock to deceive buyers. Requires sellers to reveal material physical defects of the animal when selling the animal to another.]

If, within 10 days following the sale, a vet certifies an animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the animal’s health, or the presence of symptoms of a contagious or infectious disease, the store must provide the right to retain the animal and receive reimbursement from pet store for services from a vet (of the consumer's choosing) for curing (or attempting to cure) the animal.  Reimbursement maximum is the purchase price of the animal.

Reimbursement does not include the costs of initial veterinary fees if those vet fees are not directly related to the vet certification that the animal is unfit.

Reimbursement must be made no later than 10 business days following receipt of the signed veterinary certification.

Certification must be presented to the store no later than 3 business days following its receipt by consumer.

If a store contests a demand for reimbursement, the store can require the consumer to produce the animal for exam by a vet of store’s choosing.  If consumer and purchaser are unable to reach an agreement within 10 business days following receipt of the animal for this exam, consumer can file a lawsuit.