STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

CALIFORNIA (Health And Safety Code – Communicable Disease Prevention And Control – Veterinary Public Health And Safety –Sale Of Dogs And Cats – Sale Of Dogs By Breeders) §122050 Disclosure to purchaser

1995

Requires dog breeders to deliver to the purchaser of each dog a written disclosure containing:

· Breeder's name and address (if the breeder is licensed by the US Department of Agriculture, the federal dealer identification number must be stated).

· Date of birth and the date of breeder’s receipt. If dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if unknown.

· Breed, sex, color, and identifying marks . If from a U.S. Department of Agriculture licensed source, the individual identifying tag, tattoo, or collar number. Must indicate if the breed is unknown or mixed.

· If being sold as purebred, the names and registration numbers of the sire and dam, and litter number, if known.

· Inoculations and worming treatments (dates of administration and the type of vaccine or treatment).

· A record of any vet treatment or medication received while in breeder’s possession and either:

o A statement, signed by breeder at the time of sale, that:

§ Dog has no known disease or illness; and

§ Dog has no known congenital condition that adversely affects the health of the dog (or that is likely to in the future);

o OR a record of any known disease, illness, and any congenital condition that adversely affects dog’s health at sale (or is likely to in the future) along with a statement signed by a vet authorizing the sale, suggesting necessary treatment, and verifying that the disease, illness, or condition does not require hospitalization or nonelective surgery (nor is likely to in the future). (Exception: Not required for parasites unless they make the dog clinically ill or are likely to.) The statement is valid for 7 days following exam by vet.

Statement must be signed by breeder (certifying accuracy) and purchaser (acknowledging receipt of the statement).

All medical information required to be disclosed must be made orally to purchaser.

Health And Safety Code §122150: Any person violating any provision of this article other than Section 122205 shall be subject to a civil penalty of up to one thousand dollars ($1,000) per violation. The action may be prosecuted in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court or by the city attorney in the city where the violation occurred.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122140 Information statement for purchaser

1995

Requires pet dealers to deliver to the purchaser of each dog and cat at the time of sale a written, standardized statement containing:

For cats:

· The breeder's and broker's name and address, if known, or if not known, the source of the cat. If the person from whom the cat was obtained is a dealer licensed by the U.S. Department of Agriculture, the person's name, address, and federal dealer identification number;

· Date of birth;

· Immunizations and worming treatments (dates of administration and the type of vaccine or treatment); and

· A record of any known disease or sickness. This information also must be orally disclosed.

For dogs:

· Breeder's name and address (if not known, the source of dog). If the person from whom the dog was obtained is licensed by the U.S. Department of Agriculture, the person's name, address, and federal dealer identification number;

· Date of birth and the date of dealer’s receipt. If dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if unknown;

· If being sold as purebred, the names and registration numbers of the sire and dam, and the litter number, if known;

· Inoculations and worming treatments (dates of administration and the type of vaccine or treatment);

· A record of any vet treatment or medication received while in dealer’s possession and either:

o A statement, signed by dealer at the time of sale, that:

§ Dog has no known disease or illness; and

§ Dog has no known congenital condition that adversely affects the health of the dog (or that is likely to do so in the future)

o OR a record of any known disease, illness, and any congenital condition that adversely affects dog’s health at sale (or is likely to do so in the future) along with a statement signed by a vet authorizing the sale, suggesting necessary treatment, and verifying that the disease, illness, or condition does not require hospitalization or nonelective surgery (nor is likely to in the future). (Exception: Not required for intestinal or external parasites unless they make the dog clinically ill or are likely to do so.) The statement is valid for 7 days following exam by vet.

Statement must be signed by dealer certifying accuracy and purchaser acknowledging receipt of the statement.

All medical information required to be disclosed must be made orally to purchaser.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

[See Health And Safety Code §122137, which encourages pet dealers to encourage spaying/neutering by providing certain materials at the sale of each dog or cat, encourage new dog and cat owners to seek vet care, and facilitate dog licensing.]

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122145 Records

1995

A dealer must maintain a written record on the health, status, and disposition of each dog and cat for 1 year after disposition of the animal. The record also must contain all information required to be disclosed by §§ 122140 and 122220. Those records must be available to humane officers, animal control officers, and law enforcement officers for inspection during normal business hours.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

[See Health And Safety Code §122210, which requires pet dealers to apply certain disease prevention methods.]

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122160 Purchasers remedies after sale of unfit dog

1995

Dog sold by pet dealer is considered unfit for sale if a licensed vet states in writing:

· That, within 15 days after the purchaser took possession of dog, the dog became ill due to an illness that existed on or before delivery; or

· That, if within 1 year after purchaser took possession of dog, the dog has a congenital condition that adversely affects dog’s health or that requires (or is likely in the future to require) hospitalization or nonelective surgery.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

If dog is unfit for sale, the dealer must provide one of the following remedies that the purchaser elects:

· Return the dog for a refund of the purchase price plus taxes, and reimbursement for reasonable vet fees (maximum is original purchase price plus tax);

· Exchange the dog for a dog of the purchaser's choice of equivalent value (if such a dog is available) and reimbursement for reasonable vet fees (maximum is original purchase price plus tax);

· Retain the dog, and reimbursement for reasonable vet fees (maximum is 150% of original purchase price plus tax); or

· If dog has died (regardless of the date of death), obtain a refund for the purchase price plus tax, or a replacement of equivalent value of the purchaser's choice and reimbursement for reasonable vet fees (maximum is original purchase price plus tax), if a licensed vet states in writing either of the following:
(1) That the dog died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog; or (2) That the dog died due to a congenital condition that was diagnosed by the vet within 1 year after the purchaser obtained physical possession.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122170 Requirements to obtain remedies

1995

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

To obtain the remedy described in §122160, the purchaser must substantially fulfill the following:

· Notify the dealer as soon as possible (but no more than 5 days) after the diagnosis by a licensed vet of a medical or health problem, including a congenital condition and name and telephone number of vet;

· Return the dog (no more than 5 days after vet’s statement) in the case of illness, along with a written statement from a licensed vet that the dog is unfit for purchase due to illness, a congenital condition, or the symptoms of a contagious or infectious disease that existed on or before delivery to the purchaser, and that adversely affects dog’s health; and

· Provide dealer (in the event of death) with a written statement from a licensed vet stating that the dog died from an illness that existed on or before delivery. Not necessary to return the dead dog.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122175 Refund, replacement, or reimbursement of veterinary fees

1995

Exceptions (thwarting the remedies described above):

· Illness or death resulted from maltreatment, neglect, injury sustained, or illness contracted subsequent to the delivery to purchaser.

· Purchaser failed to carry out recommended treatment of examining vet who made the initial diagnosis. (Exception: If cost for treatment and vet fee would exceed the purchase price of the dog including tax.)

· A vet’s statement was provided to the purchaser at time of sale disclosing the disease, illness, or condition. (Exception: If, within 1 year after the purchaser took possession, a licensed vet states in writing that the disease, illness, or condition requires [or is likely to in the future] hospitalization or nonelective surgery or that the disease, illness, or condition resulted in the dog’s death.)

· Purchaser refuses to return to dealer all documents provided to purchaser for purebred registration. (Exception: If purchaser certifies that the documents were inadvertently lost or destroyed.)

N/A

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122180 Veterinarian’s statement

1995

The vet’s statement required by §122160 must include:

· Purchaser's name and address;

· The dates dog was examined;

· Breed and age, if known;

· That the vet examined dog;

· That dog has or had an illness rendering it unfit for purchase or resulting in death;

· Precise findings of the exam or necropsy, including lab results or copies of lab reports; and

· If a refund for reasonable vet expenses is requested, must be accompanied by an itemized bill of fees for the diagnosis and treatment of the illness or congenital condition.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

Refunds and payment of reimbursable expenses must be paid (unless contested):

· no later than 10 business days following receipt of vet statement; or

· no later than 10 business days after the dog is returned to dealer.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122185 Procedure to contest demand for remedies

1995

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

To dispute a demand for remedies, the dealer may (except where the dog has died) require purchaser to produce the dog for examination by a licensed vet of dealer’s choosing and at dealer’s expense.

If parties are unable to reach an agreement within 10 business days following receipt by dealer of the vet statement, or following receipt of the dog for examination by vet (whichever is later), purchaser may initiate a lawsuit to resolve the dispute or the parties may submit to binding arbitration (if mutually agreed on in writing).

Attorneys’ fees may be ordered if either party acts in bad faith.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122190 Written notice of purchaser’s rights

1995

States specific language (in a notice of rights that must be in a certain font size and type) that must be provided to purchasers of dogs at the time of sale. This notice must also be provided to prospective purchasers if requested.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

[See §§122310 and 122315 for required notice for pedigreed dogs sold by dealer or breeder.]

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122205 Sale of diseased dog by retail pet dealer; Civil penalty

1995

Prohibits dealers from knowingly selling a dog that is diseased, ill, or has a condition, which requires hospitalization or surgery.

Exception: If the illness is included in the signed statement required by §122140.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

Civil penalty: Maximum $1,000 and/or maximum 30-day prohibition from selling dogs.

2^nd Offense: Civil penalty maximum $2,500 and/or maximum 90-day prohibition from selling dogs.

3^rd Offense: Civil penalty maximum $5,000 and/or maximum 6-month prohibition on selling dogs.

4^th and Subsequent Offenses: Civil penalty maximum $10,000 and/or maximum 1-year prohibition from selling dogs.

Note: Violations that occurred more than 5 years prior to the most recent violation are not considered.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122210 Veterinarian's examination required before dog offered for sale; Ill dogs caged separately

1995

Prohibits pet dealers from offering a dog for sale until the dog has been examined by a licensed vet. Dogs must be examined within 5 days of receipt and once every 15 days after that. Dealer must provide any sick dog with proper vet care without delay.

Any dog diagnosed with a contagious or infectious disease, illness, or condition must be caged separately from healthy dogs until a licensed vet determines the dog is free from contagion or infection. [See the statute for specific requirements applying to the quarantine area.]

If the vet deems the dog unfit for purchase due to a disease, illness, or congenital condition, any of which is fatal or likely to cause the dog to suffer, the vet must humanely euthanize the dog and provide dealer with a written statement on reasons for euthanasia. Otherwise, the dealer must have a vet treat the dog or surrender the dog to a humane organization that consents to accept the dog.

If a dog is returned to dealer due to illness, disease, or a congenital condition requiring vet care, dealer must provide vet care.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.

(Health And Safety Code – Communicable Disease Prevention And Control –Veterinary Public Health And Safety –Sale Of Dogs And Cats – Retail Sale Of Dogs And Cats) §122220 Information available for prospective purchasers of dogs

1995

Requires dealers to conspicuously post (within close proximity to cages of dogs offered for sale) a notice containing the following language in 100-point type:

"Information on the source of these dogs, and veterinary treatments received by these dogs is available for review."

"You are entitled to a copy of a statement of consumer rights."

Requires dealers to immediately make available to prospective purchasers (on request) all information required by §§ 122140 and 122190.

Exception as per Health And Safety Code §122125: Publicly operated pounds and humane societies.