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MINNESOTA
(Trade Regulations, Consumer Protection – Consumer
Protection; Products And Sales – Regulating Sale Of
Dogs And Cats) §325F.791 Sales of dogs and cats |
1992 |
Requires pet dealers to provide to each purchaser
written disclosure of:
·
Name, address, and USDA
license number of breeder and any broker who has had
possession of the animal;
·
Animal’s date of birth;
·
Date the dealer received
the animal;
·
Breed, sex, color, and
identifying marks;
·
Individual identifying
tag, tattoo, or collar number;
·
Name and registration
number of sire and dam, and litter number (exception:
mixed breeds, if this information cannot be
determined);
·
Record of inoculations,
worming treatments, and medication; and
·
Statement signed by
dealer that:
o
the animal has no known
health problem OR
o
discloses any known
health problem and a statement signed by a vet
recommending treatment.
Dealer must maintain
a copy of the statement for 1 year after delivery to
purchaser.
Dealers must post in a prominent location, a notice,
in 48-point boldface type, containing the following:
"Information on all dogs and cats is available. You
are entitled to a statement of consumer rights. Make
sure you receive this statement at the time of
purchase."
Requires dealer to provide to
purchaser a written notice of rights, signed by
purchaser, acknowledging that purchaser has reviewed
the notice, and signed by dealer
certifying accuracy of the information
contained in it. A signed copy must be retained by
dealer and one copy is to be given to purchaser. The
notice must be in 16-point boldface type and state
specific language indicating that consumer protection
laws apply to the sale of cats and dogs. [See
the statute for specific details.]
No
animal may be offered for sale by broker or dealer to
retail purchaser until examined by a vet. The vet used
by the broker cannot be the same vet used by the
dealer. If the dealer
is not the breeder, each animal must be examined
within 2 days after receipt by a dealer
and within 4 days of delivery to the purchaser.
Cost is to be paid by dealer.
A dealer who represents
an animal as eligible for registration with an animal
pedigree organization must provide the retail
purchaser the documents necessary for registration
within 90 days of final payment.
Exceptions:
·
The health problem or
death resulted from maltreatment, neglect or a disease
contracted while in purchaser’s possession;
·
The health problem or
death resulted from an injury sustained subsequent to
the purchaser’s receipt of the animal;
·
The purchaser failed to
carry out recommended treatment prescribed by the
examining vet; and
·
The vet statement
to purchaser disclosed the health problem. |
As
per §325F.792: Maximum $1,000 fine.
The purchaser of an animal with a health problem must:
·
Notify dealer, within 2
business days, of the diagnosis of a health problem
and provide the name and telephone number of the vet
and a copy of the report;
·
To receive a full refund,
return the animal within 2 business days after receipt
of a written statement from a vet indicating animal is
unfit due to a health problem; and
·
For a dead animal, must
provide a written statement from a vet stating the
animal died from a health problem which existed on or
before receipt.
An animal is unfit for sale if:
·
Within 10 days after
receipt of the animal, a vet states in writing that
the animal has a health problem which existed at the
time of delivery;
·
If within 1 year after
receipt, a vet states in writing that the animal has
died or is ill due to a congenital defect; or
·
The animal is not of the
breed represented.
In
the event an animal dies due to a health problem which
existed at the time of delivery, the purchaser can
choose from the following remedies:
·
receive an animal of
equal value, if available, and reimbursement for
reasonable vet fees (reimbursement maximum is the
original purchase price); or
·
receive a refund of the
full purchase price.
In
the event of a health problem which existed at the
time of delivery, the purchaser can choose one of the
following remedies:
·
return the animal
for a refund of the full purchase price;
·
exchange the animal for
an animal of the purchaser's choice of equivalent
value, if available; or
·
retain the animal, and
receive reimbursement for reasonable vet fees
(reimbursement maximum is the original purchase
price).
If contesting the remedy, the dealer may require the
purchaser to produce the animal for exam or autopsy by
a vet of dealer’s choosing and expense. The dealer has
a right of recovery against the purchaser if
not obligated to provide a remedy.
If
dealer does not provide remedy, the purchaser can file
a lawsuit. The prevailing party can recover costs and
attorney fees (maximum $500).
If pedigree registration paperwork is not received by
the purchaser within 90 days, the purchaser may:
·
retain the animal and
receive a 50% refund; or
·
return the animal, along
with all prior documentation, and receive a full
refund.
The dealer is not
responsible for delays in registration which are the
result of others. |
