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FLORIDA (Crimes – Animals: Cruelty; Sales;
Animal Enterprise Protection) §828.29 Dogs and cats
transported or offered for sale; health requirements;
consumer guarantee |
1981
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Requires that dogs transported into the state for sale
must have required tests, vaccines, and anthelmintics
administered under the direction of a licensed vet.
They must be administered 14-30 days before entry into
Florida. The certificate of vet inspection ensuring
compliance must accompany each dog so transported.
For dogs offered for sale in the state, the tests,
vaccines, and anthelmintics must be administered
before being offered for sale (exception: if
the vet certifies on the inspection certificate that
to inoculate or deworm the dog is not in the dog’s
best medical interest).
Each dog must receive:
·
DHLPP vaccines;
·
Bordetella inoculation;
·
Rabies vaccine (if the
dog is over 3 months of age); and
·
Deworming for roundworms
and hookworms.
If the dog is under 4 months, the tests, vaccines, and
anthelmintics must be administered no more than 21
days before sale. If 4 months or older, they must be
administered at or after 3 months of age, but no more
than 1 year before sale.
For each cat transported into the state for sale, the
tests, vaccines, and anthelmintics required must be
administered under the direction of a licensed vet.
They must be administered 14-30 days before the cat's
entry into the state. The certificate of vet
inspection ensuring compliance must accompany each cat
so transported.
The tests, vaccines, and anthelmintics must be
administered before the cat is offered for sale
(unless the vet certifies on the certificate of vet
inspection that to inoculate or deworm the cat is not
in the cat’s best medical interest). Each cat must
receive:
·
FVRCP vaccination;
·
Rabies vaccination (if
over 3 months of age); and
·
Deworming for hookworms
and roundworms.
If
the cat is under 4 months, they must be administered
no more than 21 days before sale. If 4 months or
older, they must be administered at or after 3 months
of age, but no more than 1 year before sale.
Each dog or cat must be accompanied by a current
certificate of vet inspection at all times while being
offered for sale. The examining vet must retain 1 copy
on file for at least 1 year after the exam. At sale, 1
copy must be given to the buyer. The seller
must retain 1 copy on record for at least 1
year after sale.
The vet exam of each dog and cat must take place no
more than 30 days before sale. The exam must include a
fecal test to determine if free of internal parasites.
If warranted, the dog or cat must be treated with a
specific anthelmintic. In the absence of a definitive
parasitic diagnosis, each dog or cat must be given a
broad spectrum anthelmintic. Each dog over 6 months
must be tested for heartworms. Each cat must be tested
for feline leukemia. All of these tests must be
performed under the supervision of a vet, and the
results must be listed on the certificate of vet
inspection.
Certificate must:
·
Be signed by vet;
·
Be legible;
·
Show age, breed, sex,
color and health record;
·
Include the printed or
typed name and address of place or person from whom
the animal was obtained;
·
List the seller, the
purchaser and the vet’s name and license number;
·
List all vaccines and
worming (in detail); and
·
State that the vet
warrants that there is no sign of contagious or
infectious disease and no evidence of parasites.
All dogs and cats offered for sale and copies of
certificates are subject to inspection by any agent of
the Department of Agriculture and Consumer Services,
USDA, any law enforcement officer, or agent appointed
under §828.03.
Provides specific language for written notice that
dealers must provide to the consumer at sale.
Prohibits dealers from knowingly misrepresenting the
breed, sex or health of a dog or cat offered for sale.
Prohibits transporting dogs or cats into the state
(for sale) or offering them for sale in the state if
they are less than 8 weeks old.
Exception:
·
Injury sustained or
illness contracted after consumer takes possession;
·
Intestinal or external
parasites (unless clinically ill due to the
parasites); and
·
County-operated or
city-operated animal control agencies and registered
nonprofit humane organizations. |
The consumer gets a remedy if:
·
Within 14 days following
the sale, a vet certifies that, at the time of the
sale:
o
the animal was unfit for
purchase due to illness or disease; or
o
the presence of symptoms
of a contagious or infectious disease, or the presence
of internal or external parasites (except fleas
and ticks).
·
Within 1 year following
the sale, a vet certifies the animal to be unfit for
purchase due to a congenital disorder which adversely
affects animal’s health or the breed, sex, or health
is found to have been misrepresented.
Consumer chooses a remedy:
·
Can return the animal and
receive refund of purchase price, including tax, and
reimbursement for reasonable veterinary costs;
·
Can return the animal and
receive an exchange of the consumer's choice of
equivalent value, and reimbursement for reasonable vet
costs; or
·
Can retain the animal and
receive reimbursement for reasonable vet costs for
necessary services and treatment related to the
attempt to cure (or curing of) the dog or cat.
Maximum reimbursement for vet costs is the purchase
price of the animal.
Consumer may sign a waiver relinquishing his or her
right to return the dog or cat for congenital
disorders. After signing waiver, consumer has 48
business hours to have animal examined by a vet. If
the vet certifies that, at the time of sale, the dog
or cat was unfit for purchase due to a congenital
disorder, the dealer
must afford the consumer the right to:
·
Return the animal and
receive refund of the purchase price including tax
(excluding veterinary costs); or
·
Return the animal and
receive an exchange of the consumer's choice of
equivalent value (but not a refund of vet costs).
If dealer specifically states in writing (at sale) the
presence of a specific congenital disorder, the
consumer has no right to any refund or exchange for
that disorder.
The refund or exchange must be made by dealer
no later than 10 business days following
receipt of signed vet certification. Consumer must
notify dealer within 2 business days after vet's
determination that animal is unfit. Written
certification of unfitness must be presented to dealer
no later than 3 business days following receipt by
consumer.
If dealer is contesting the remedy, dealer may require
the consumer to produce animal for exam by a vet
chosen by dealer. If parties
are unable to reach an agreement within 10
business days following receipt of the animal for the
exam, consumer may initiate a lawsuit.
State attorney can enjoin violations or stop offender
from being a pet dealer.
Violations: 1st Degree Misdemeanor:
A term of imprisonment not exceeding 1 year and/or a
fine up to $1,000. |
