STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

NEW YORK (Agriculture And Markets Law – Care of Animals by Pet Dealers) §402 Records of purchase and sale

2002

Requires each pet dealer to maintain records for each animal purchased, acquired, held, sold, or disposed of. The records include:

· Name and address of person from whom acquired and, if licensed by the USDA, the name, address, and federal dealer identification number;

· Date acquired;

· If a cat is placed in the custody or possession of the dealer and the source is unknown, this must be stated along with the date, time, and location of receipt;

· Original source if different than above;

· Description (age, color, markings, sex, breed) and any inoculation, worming, or other vet treatment or medication information available. Must include any other identification (official tag number, tattoo, or implant); and

· Name and address of the person to whom an animal is sold, given, or bartered or to whom it is transferred or delivered, date and method of disposition.

Records must be maintained for 2 years from sale or transfer (whichever is later). During normal business hours, the records must be made available to persons authorized to enforce this law.

[See Agriculture And Markets Law §403 for inspection of consumer disclosure records and licensing requirements of pet dealers.]

As per Agriculture And Markets Law §406: License revocation, denial, suspension or refusal to renew. Also, civil offense: $50-$1,000 fine for each violation.

Can be enforced by agriculture department and/or local authority.

(General Business Law – Sale of Dogs And Cats) §753 Sale of animal

1988

Requires the commissioner to establish the form and content of the certification provided by an examining vet to a consumer. The form must include (at a minimum) identification of the type of animal, the owner, the date, diagnosis, the treatment recommended if any, and an estimate or the actual cost of such treatment.

Requires the commissioner to establish the information that must be provided to the consumer at sale. The information must include a description (including breed); date of purchase; name, address and telephone number of consumer; and amount of the purchase. The dealer must certify this info in writing.

Exceptions:

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

· If animal sustained an injury or contracted an illness subsequent to the consumer taking possession.

Note: General Business Law §753-e applies this article [General Business Law – Sale of Dogs And Cats] to all municipalities (including New York City) and it also supercedes local ordinances.

If, within 14 business days following sale (or receipt of written notice required by §754), a vet certifies an animal to be unfit for purchase due to illness, a congenital malformation which adversely affects animal’s health, or presence of symptoms of a contagious or infectious disease, the consumer can choose either to:

· Return the animal and receive a refund of purchase price (including tax and reasonable vet costs related to certification);

· Return the animal and receive an exchange (of the consumer's choice of equivalent value) and reasonable vet costs related to certification; or

· Retain the animal and receive reimbursement for vet services (from a vet of the consumer's choosing) for curing or attempting to cure the animal.

Maximum reimbursement for vet services is the purchase price. The reimbursement does not include the costs of initial vet exam fees and diagnostic fees not directly related to certification.

The refund / reimbursement must be made by dealer within 10 business days following receipt of certification. The certification must be presented to the dealer within 3 business days following receipt by the consumer.

To contest the consumer’s demand for a remedy, the dealer may require consumer to produce animal for exam by a vet chosen by dealer. If parties are unable to reach an agreement (on one of the options above) within 10 business days after the exam, consumer may file a lawsuit.

(General Business Law – Sale of Dogs And Cats) §753-a Veterinarian examination

2000

Requires the dealer to have a licensed vet examine and test (appropriate to breed and age) to determine if animal has any apparent medical conditions that adversely affect animal’s health. This must occur within 5 business days of receipt and prior to sale of dog. For animals 18 months or older, the exam must include a diagnosis of any congenital conditions that adversely affect the animal’s health. Any animal found to be afflicted with a contagious disease must be treated and caged separately.

All animals must be inoculated as per state or local law. Necessary vet care must be provided without undue delay. Each animal must be observed each day by dealer or employee.

Prohibits knowingly selling an animal 18 months or older that has a diagnosed congenital condition that adversely affects the health of the animal without first informing the consumer in writing.

General Business Law §755: Civil penalty, $50-$1,000 fine and violations can be enjoined. Also, license may be revoked, suspended or refused renewal. Director of municipal consumer affairs and/or local government can enforce this statute.

(General Business Law – Sale of Dogs And Cats) §753-b Information statement for purchaser

2000

Requires pet dealers to provide purchaser of an animal with a written statement at time of sale in a standardized form. The form must be established by the commissioner of agriculture and markets and include the following.

For cats:

· Breeder's name and address, or, if not known, source. If from dealer licensed by USDA, the person's name, address, and federal identification number;

· Date of birth, if known; date of dealer’s receipt; and location where received;

· Immunizations and worming treatments while in dealer’s possession (dates and type of treatment administered);

· Any known disease, sickness, or congenital condition adversely affecting cat’s health;

· Any vet treatment or medication received while in dealer’s possession; and

· One of the following:
(1) A statement signed by dealer at sale, indicating the cat has no known disease or illness and the cat has no known congenital condition that adversely affects cat’s health at sale;
(2) Any known congenital condition that adversely affects cat’s health at sale along with a statement signed by a vet that authorizes sale, recommends necessary treatment, and verifies cat does not require hospitalization or nonelective surgery, and is not likely to require it in the future. (Exception: Parasites [unless their presence makes the cat clinically ill or is likely to do so]).

The statement is valid for 14 business days following exam.

For dogs:

· Breeder's name and address, or, if not known, source. If from dealer licensed by USDA, the person's name, address, and federal identification number;

· Date of birth and dealer’s receipt. If not advertised or sold as a purebred, the date of birth may be approximated;

· Breed, sex, color and identifying marks. If from a USDA licensed source, the individual identifying tag, tattoo, or collar number. If breed is unknown or mixed, the record must state so. If being sold as capable of registration, the names and registration numbers of sire and dam, and the litter number (if known);

· Inoculations and worming treatments administered while in dealer’s possession (dates and types);

· Any vet treatment or medication received while in dealer’s possession; and

· One of the following:

(1) A statement signed by dealer at sale, indicating that the dog has no known disease or illness and the dog has no known congenital condition that adversely affects dog’s health at sale; or
(2) Any known congenital condition that adversely affects dog’s health at sale, along with a statement signed by a vet that authorizes sale, recommends necessary treatment, and verifies dog does not require hospitalization or nonelective surgery, and is not likely to require them in the future. (Exception: Parasites [unless their presence makes dog clinically ill or is likely to do so]).

The statement is valid for 14 business days following exam.

Disclosure must be signed by dealer (certifying the accuracy of the statement) and the purchaser (acknowledging receipt of the statement). At sale, each dealer must provide purchaser with information on the value of spaying and neutering.

Requires dealer to conspicuously post within close proximity to the cages of dogs and cats a notice containing the following language in 100-point type:

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

(General Business Law – Sale of Dogs And Cats) §754 Notice

1988

Requires pet dealers to post a notice clearly visible to consumer and provide consumer at sale with a written notice setting forth consumer rights.

Notices must be set forth by the commissioner, but may be contained in a written contract, an animal history certificate or separate document. The notice must be in 10-point boldface type.

Prohibits restricting or diminishing consumer rights (by contract or otherwise).