§ 3921. Sale of a cat, dog, or wolf-hybrid; restitution
(a) If, within seven days following the sale of a cat, dog, or wolf-hybrid by a pet dealer
or pet shop, a licensed veterinarian of the consumer’s choosing certifies the cat,
dog, or wolf-hybrid to be unfit for purchase due to illness or the presence of signs
of contagious or infectious disease, or if within one year the veterinarian certifies
the existence of congenital malformation or hereditary disease, the consumer may act
under subdivision (1) of this subsection or, if mutually agreed upon, under subdivision
(2) or (3) of this subsection. The consumer shall have the right:
(1) To return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive a
full refund of the purchase price, including sales tax and reasonable veterinary fees
related to certification under this section. A veterinary finding of intestinal parasites
is not grounds for declaring a cat, dog, or wolf-hybrid unfit, nor is an injury or
illness sustained subsequent to the consumer taking possession of a cat, dog, or wolf-hybrid.
(2) To return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive an
exchange cat, dog, or wolf-hybrid of the consumer’s choice of equivalent value and
reasonable veterinary costs related to certification under this subsection.
(3) To retain the cat, dog, or wolf-hybrid and receive reimbursement from the pet dealer
or pet shop for reasonable veterinary service for the purpose of curing or attempting
to cure the cat, dog, or wolf-hybrid. In no case shall this service exceed the purchase
price of the cat, dog, or wolf-hybrid. Value of service is reasonable if it compares
to similar service rendered by other veterinarians in the area, but in no case may
it cover costs not directly related to the certification of unfitness.
(b) The Secretary shall prescribe a form for and the content of the certificate to be
used under subsection (a) of this section. The form shall include an identification
of the type of cat, dog, or wolf-hybrid; the owner; the date and diagnosis; the treatment
recommended, if any; and an estimated cost of the treatment. The form shall also include
notice of the provisions of subsection (a) of this section.
(c) Every pet dealer or pet shop who sells a cat, dog, or wolf-hybrid to a consumer shall
provide the consumer at the time of sale with the written form prescribed by the Secretary.
The notice may be included in a written contract; a certificate of the history of
the cat, dog, or wolf-hybrid; or another separate document.
(d) The Secretary shall prescribe by rule other information that shall be provided in
writing by the pet dealer or pet shop to the consumer at the time of sale. The information
shall include a description of the cat, dog, or wolf-hybrid, including breed and date
of purchase; the name, address, and telephone number of the consumer; and the purchase
price. Certification of this document occurs when signed by the pet dealer or pet
shop.
(e) Refund or reimbursement required under subsection (a) of this section shall be made
within ten business days following receipt of the signed veterinary certification.
The certification shall be presented to the pet dealer or pet shop within three business
days by the consumer. (Added 2013, No. 30, § 6.)