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PENNSYLVANIA (Pennsylvania Statutes – Trade And
Commerce –Fair Trade, And Business Practices –
Unfair Competition, Acts Or Practices) 73 Pa. Cons.
Stat. §201-9.3 Dog purchaser protection |
N/S |
Requires sellers to
provide purchasers with a health record for dog at
sale, and a health
certificate issued by a vet within 21 days prior to
sale or a guarantee of good health issued and signed
by seller. The health record must include:
·
Dog breed or whether
unknown or mixed. If advertised or represented as
registrable, name and address of pedigree registry
where dam and sire are registered;
·
Date of birth;
·
If not advertised or sold
as purebred, registered or registrable, date of birth
may be approximated;
·
Dog's sex;
·
Color and markings;
·
Vaccinations, if known,
and the date, type and name of person who administered
them, if known;
·
Known disease, illness or
conditions; and a record of any vet treatment or
medication received by the dog while in seller’s
possession;
·
Date, dosage and type of
any parasitic medicine, if known; and
·
Seller’s name, address
and signature, and a statement affirming that the data
is true.
A health certificate
issued by a vet will certify the dog to be apparently
free of:
·
any contagious or
infectious illness;
·
any defect which is
congenital and diagnosable with reasonable accuracy;
and
·
parasitic infestations
that make the dog clinically ill.
It must include the
name, address and signature of vet and the date the
dog was examined.
Requires a guarantee of
good health dated and signed by both parties on date
of sale, warranting that the dog being sold is
apparently free of and does not exhibit any signs of
any contagious or infectious disease, is apparently
free from and does not exhibit any signs of any
congenital defect, does not exhibit any signs of being
clinically ill; and does not exhibit signs of a
parasites.
The guarantee of good health must clearly state in
bold type:
THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG HAS BEEN
EXAMINED BY A VETERINARIAN. THE PURCHASER IS
ENCOURAGED TO HAVE THIS DOG EXAMINED BY A VETERINARIAN
AS SOON AFTER PURCHASE AS IS FEASIBLE.
Seller must also verbally state these facts to the
purchaser.
*****
Seller who advertises
or otherwise represents that a dog is registered or
registerable must provide purchaser with:
·
Breeder's name and
address;
·
Name and registration
number of dam and sire of litter;
·
Name and address of the
pedigree registry organization where dam and sire are
registered; and
·
Documentation necessary
to register dog must be provided by seller
within 120 days of sale. The period may be
extended by seller if dog is being imported from
outside the US by notifying purchaser in writing of
the reason for extension and a reasonable estimate of
the arrival date of the documents.
Seller may withhold
registration application until purchaser supplies a
signed vet's certificate stating dog has been spayed
or neutered (if this was agreed to in writing at
sale). Registration application must be provided
within 10 days of receiving certificate if supplied
beyond 120-day period.
A summary of this
statute must be conspicuously posted in the place of
business. The Office of Attorney General will
establish regulations specifying the contents of the
notice. The posted notice must state that the health
record info is available on request.
At sale, seller must provide a written notice setting
forth consumer rights. The notice must include the
following:
THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF PENNSYLVANIA
LAW. THE ACTUAL PROVISIONS OF THE LAW ARE IN SECTION
9.3 OF THE UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW.
Exceptions:
·
Parasites (unless dog is
clinically ill or dies due to them).
·
Injury sustained or
illness most likely contracted subsequent to sale.
·
Where a health
certificate disclosed the health problem at sale. The
disclosure must be signed by both parties. (Note:
If seller guaranteed good health, this exception does
not apply.)
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$1,000 civil penalty
per violation.
If, within 10 days
after purchase, a dog is certified by a vet to be
clinically ill (or dies) from a contagious or
infectious illness or a parasitic illness which
renders it unfit for purchase (or results in its
death), the purchaser may either:
·
Return the dog for a
complete refund of the purchase price (excluding sales
tax);
·
Return the dog for
replacement of equal value (of purchaser's choice) if
available; or
·
Retain the dog and
receive reimbursement for reasonable vet fees incurred
in curing or attempting to cure dog (maximum seller’s
liability is the purchase price excluding tax).
Only applies if purchaser's vet determines illness can
be treated by procedures that are appropriate and
customary. Reimbursement excludes the initial exam fee
and diagnostic or treatment fees not directly related
to the certification.
If, within 30 days
after purchase, a vet certifies that a dog has (or
died from) a congenital defect that adversely affects
the animal’s health, the purchaser may choose a remedy
(above).
Note: Remedies
also apply to replacement dogs.
The vet certification
is supplied at the purchaser's expense. The vet
certification must state:
·
Purchaser's name and
address;
·
Exam date;
·
Breed and age of the dog;
·
That the vet examined the
dog;
·
That the dog has or had
an illness or a defect which renders it unfit for
purchase or which resulted in its death;
·
The precise findings of
the exam, diagnostic tests or necropsy;
·
The treatment
recommended, if any, and an estimate or the actual
cost of the treatment; and
·
The vet’s name, address,
telephone number and signature.
Within 2 business days
of exam which certifies illness, defect or death,
purchaser must notify seller
of the name, address and telephone number of
the examining vet. Failure to notify or to carry out
the recommended treatment prescribed by the vet
results in forfeiture of rights.
The refund or
reimbursement must be within 14 days after receipt of
vet certification. The certification must be presented
to seller no later than 5 days following receipt by
purchaser.
If seller contests the
remedy, seller may,
within 2 business days of notification, require
purchaser to produce dog for exam by a licensed vet
chosen and paid for by seller.
If dog is incapable of
being transported because of being hospitalized, the
attending vet must provide all relevant info requested
by seller’s vet.
Unless hospitalized, failure to produce dog within 2
business days by purchaser will nullify any obligation
by seller.
After exam, if parties
are unable to reach an agreement (on the remedies
above) within 14 days following receipt of dog for
the exam, either party may file a lawsuit.
*****
If seller fails to
provide documentation within 120 days of sale or to
notify the purchaser of extension, purchaser may
either:
·
Return the dog and
receive full refund of the purchase price excluding
sales tax; or
·
Retain the dog and
receive 50% refund of purchase price. |
