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SOUTH CAROLINA (Animals, Livestock And Poultry
– Diseases And Infections – General Provisions)
§47-13-160 Fitness of registered companion dog or cat
for sale; definitions; certifications; remedies |
1993 |
Prohibits dealers, shops and
breeders from selling a registered companion
dog or cat without providing a statement certifying
that the animal has received an infectious disease
inoculation. The inoculation must be suitable for age
and species and must have been given within 14 days
(if under 6 months of age) or within previous 90 days
(if over 6 months). Proof of vaccination must be
provided at sale, along with “Election of Options”
notice.
When purchaser presents
a certification of unfitness, seller must confirm
purchaser's election in writing and provide purchaser
a copy. [See the statute for language required
in the certification.]
[See §47-9-40,
which prohibits altering the teeth of a horse or mule
for deception as to the age of the animal.]
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If, within 14 days of
sale of a registered dog or cat, a vet certifies
animal to be unfit for purchase due to a noncongenital
condition or within 6 months due to a hereditary
condition, a purchaser may elect either:
·
To return the animal and
receive refund of the purchase price including tax,
and reimbursement of vet fees (incurred before
purchaser's receipt of certification). Maximum
reimbursement for
fees is 50% of purchase price including tax.
·
To retain animal and
receive reimbursement for vet fees (incurred before
purchaser's receipt of certification) and future cost
of fees in curing or attempting to cure animal.
Maximum liability is 50% of purchase price including
tax.
·
To return animal and
receive an animal of the purchaser's choice of
equivalent value and reimbursement of vet fees
(incurred before purchaser's receipt of the
certification). Maximum reimbursement for fees is 50%
of purchase price including tax.
·
To receive full refund of
the purchase price including tax, or an animal of
purchaser's choice of equivalent value, and
reimbursement of vet fees if death occurs within 14
days of date of purchaser’s possession (except
where death occurs by accident or injury sustained
during that period). Maximum liability is 50% of
purchase price including tax.
Seller must accept vet
certification delivered by purchaser within 5 days of
purchaser's receipt of it. The certification must
contain:
·
Name of owner;
·
Date of exam;
·
Breed, color, sex, and
age;
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Findings;
·
That vet certifies animal
to be unfit for purchase;
·
Itemized statement of vet
fees incurred;
·
Where animal is curable,
an estimated fee to cure the animal;
·
Where the animal has
died, a statement setting forth probable cause of
death; and
·
Name and address of the
certifying vet and date of certification.
If seller refuses to
refund purchase price and fees, the purchaser may file
a lawsuit. If the court finds the seller in violation,
the court must award the purchaser 2x the purchase
price and vet fees, attorney's fees, and costs. |
