STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

MAINE (Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4152 Disclosure

N/S

Requires pet dealers to disclose in writing to buyers of animals an animal history that includes:

· For dealers licensed with the USDA, the name, address and license number of the breeder and any broker who has had possession of the animal;

· Date of birth;

· Date the dealer received the animal;

· Breed, sex, color and identifying marks;

· Individual identifying tag, tattoo or collar number;

· For purebred animals, the name and registration number of sire and dam and litter number; and

· Record of inoculations, worming treatments, medication or any vet treatment.

Also requires a statement signed by dealer that the animal (at time of delivery) has no known health problem or a statement disclosing any known health problem and the last date seen by a vet.

A dealer who represents an animal as pedigreed must provide a notice stating that pedigree registration does not assure health or quality of animal.

Dealer must indicate whether or not (to the dealer’s knowledge) the animal, sire or dam is registered with, and whether the animal is certified by, any organization that maintains a registry pertaining to congenital problems (and explain the meaning of these terms).

The disclosure must be made part of the statement of consumer rights described in §4160.

The written disclosure must be signed by both the dealer (certifying the accuracy of the statement) and by the purchaser (acknowledging receipt of statement).

Dealers must make prospective purchaser aware that information may be seen prior to purchase.

The dealer may provide a list of congenital problems known to affect the breed and a list of any health problems for which dealer does not warranty the animal.

Exceptions as per Me. Rev. Stat. Ann. tit. 7, §4151: Humane societies, nonprofit organizations performing the functions of humane societies, and animal shelters licensed under Me. Rev. Stat. Ann. tit. 7, §3932-A.

[Civil]

As per Me. Rev. Stat. Ann. tit. 7, §4162: Maximum $100 fine per violation and revocation or suspension of license.

(Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4153 Sale prohibited

N/S

Prohibits pet dealers from selling an animal that has any obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality, or any disease, illness or condition that requires hospitalization or nonelective surgery.

[Civil]

As per Me. Rev. Stat. Ann. tit. 7, §4162: Maximum $100 fine per violation and revocation or suspension of license.

(Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4155 Rights of the purchaser

N/S

Exceptions per Me. Rev. Stat. Ann. tit. 7, §§4151 and 4157:

· Humane societies, nonprofit organizations performing the functions of humane societies, and animal shelters licensed under Me. Rev. Stat. Ann. tit. 7, §3932-A;

· If the health problem or death of the animal resulted from maltreatment, neglect or a disease contracted while in the possession of purchaser or from injury sustained subsequent to receipt by the purchaser;

· If a disclosure statement was provided that disclosed the health problem;

· If the health problem is a congenital one covered by Me. Rev. Stat. Ann. tit. 7, §4152; and

· If the health problem is one that the dealer indicated is not covered in the warranty.

As per Me. Rev. Stat. Ann. tit. 7, §4157, a dealer can refuse to sell an animal to a potential purchaser who does not appear to understand or accept the provisions of these laws.

Purchasers have remedies if the animal is unfit for sale:

· If, within 10 days after receipt, a vet states in writing that an animal has a health problem that existed at the time of delivery; or

· If, within 1 year after receipt, a vet states in writing that, due to a congenital defect, the animal has died or has a condition that will shorten its life or will require constant treatment.

When an animal dies due to a health problem that would have rendered the animal unfit for sale, and the problem existed at the time of delivery but was not disclosed, the dealer must provide one of the following remedies selected by the purchaser:

· An animal of equal value, if available; or

· A refund of the full purchase price.

When an animal has a health problem that renders the animal unfit for sale, and existed at the time of delivery but was not disclosed, the dealer must provide 1 of the following remedies selected by the purchaser:

· Return the animal to the dealer for a full refund of purchase price;

· Exchange for an animal (of the purchaser's choice) of equal value, provided one is available; or

· Retain the animal and reimbursement for 1/2 of the reasonable vet fees (maximum 1/2 the original purchase price).

(Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4156 Responsibilities of purchaser

N/S

To obtain remedies described in Me. Rev. Stat. Ann. tit. 7, §4155, purchaser must:

· Notify dealer, within 2 business days, of the diagnosis of a health problem and provide to dealer the name and telephone number of the vet and a copy of the report; and

· To receive a full refund, the purchaser must return animal no later than 2 business days after receipt of a written statement from a vet indicating that the animal is unfit due to a health problem. For dead animal, the purchaser must provide a written statement from a vet indicating that the animal died from a health problem that existed on or before the receipt of the animal by the purchaser.

(Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4158 Contest

N/S

If dealer is contesting the remedy, dealer may require purchaser to produce all vet records and animal for exam or autopsy by a vet of dealer’s choosing and expense.

Dealer has a right of recovery against the purchaser if not obligated to provide a remedy.

If dealer does not provide remedy, purchaser may initiate a lawsuit. Prevailing party to recover costs and reasonable attorney's fees.

(Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4159 Posted notice

N/S

Requires dealer to post a specific notice in a prominent location detailing purchaser’s rights. [See the statute for the required language in the notice.]

[Civil]

As per Me. Rev. Stat. Ann. tit. 7, §4162: Maximum $100 fine per violation and revocation or suspension of license.

(Agriculture And Animals –Animal Welfare – Sale Of Dogs And Cats) Me. Rev. Stat. Ann. tit. 7, §4160 Notice of consumer rights

N/S

Requires dealer to provide purchaser with a written notice of rights, signed by dealer, certifying accuracy of the information, and purchaser, acknowledging that he or she has reviewed and understood it. A signed copy must be retained by dealer and 1 copy given to purchaser. The notice must be in a minimum of 16-point, bold-faced type and must state:

"A STATEMENT OF MAINE LAW GOVERNING THE SALE OF DOGS AND CATS:

The sale of dogs and cats is subject to consumer protection regulations. Maine law also provides safeguards to protect pet dealers and animal purchasers. Attached is a copy of the Maine Revised Statutes, Title 7, chapter 745. Contained in this law is a statement of your consumer rights and remedies. Also attached is your pet’s health history and specific warranty information."

All medical information required to be disclosed must also be orally disclosed to the purchaser prior to purchase.

The statement of consumer rights must also contain or have attached the disclosure required under Me. Rev. Stat. Ann. tit. 7, §4152 and the name and phone number of the state agency to be contacted in the event of perceived violations.

[Civil]

As per Me. Rev. Stat. Ann. tit. 7, §4162: Maximum $100 fine per violation and revocation or suspension of license.