1.
If, within fourteen business days following the sale of an animal subject to
this article or receipt of the written notice required by law, whichever occurred
last, a veterinarian of the consumer's choosing, licensed by a state certifies
such animal to be unfit for purchase due to illness, a congenital malformation
which adversely affects the health of the animal, or the presence of symptoms
of a contagious or infectious disease, the pet dealer shall afford the consumer
the right to choose one of the following options: (a)The right to return the
animal and receive a refund of the purchase price including sales tax and
reasonable veterinary costs directly related to the vetinarian's certification
that the animal is unfit for purchase pursuant to this section; (b)The right to
return the animal and to receive an exchange animal of the consumer's choice of
equivalent value and reasonable veterinary costs directly related to the
veterinarian's certification that the animal is unfit for purchase pursuant to
this section; or (c)The right to retain the animal and to receive reimbursement
from a pet dealer for veterinary services from a licensed veterinarian of the
consumer's choosing, for the purpose of curing or attempting to cure the
animal. The reasonable value of reimbursable services rendered to cure or
attempting to cure the animal shall not exceed the purchase price of the
animal. The value of such services is reasonable if comparable to the value of
similar services rendered by other licensed veterinarians in proximity to the
treating veterinarian. Such reimbursement shall not include the costs of
initial veterinary examination fees and diagnostic fees not directly related to
the veterinarian's certification that the animal is unfit for purchase pursuant
to this section.
The
Department of Agriculture & Markets by regulations shall prescribe a form
for, and the content of, the certification that an animal is unfit for
purchase, which shall be provided by an examining veterinarian to a consumer
upon the examination of an animal which is subject to the provisions of this
section. Such form shall include, but not be limited to, information, which
identifies the type of animal, the owner, the date and diagnosis of the animal,
the treatment recommended if any, and an estimate or the actual cost of such
treatment. Such form shall also include the notice prescribed in section seven
hundred forty-three of this article.
The
Department of Agriculture & Markets by regulations shall prescribe
information, which shall be provided in writing by the pet dealer to the consumer
upon the sale of the animal. Such information shall include, but not be limited
to, a description, including breed of the animal, the date of purchase, the
name, address and telephone number of the consumer, and the amount of purchase.
The pet dealer shall certify such information by signing the document in which
it is contained. 2. The refund and/or reimbursement required by subdivision one
of this section shall be made by the pet dealer not
later than ten business days following receipt of a signed veterinary
certification as herein required. Such certification shall be presented to the
pet dealer not later than three business days following receipt thereof by the
consumer. 3. A veterinary finding of intestinal parasites shall not be grounds
for declaring the animal unfit for sale unless the animal is clinically ill due
to such condition. An animal may not be found unfit for sale on account of an
injury sustained or illness contracted subsequent to the consumer taking
possession thereof. 4. In the event that a pet dealer wishes to contest a
demand for refund, exchange or reimbursement made by a consumer pursuant to
this section, such dealer shall have the right to require the consumer to
produce the animal for examination by a licensed veterinarian designated by
such dealer. Upon such examination, if the consumer and the dealer are unable
to reach an agreement which constitutes one of the options set forth in
subdivision one of this section, within ten business days following receipt of
the animal for such examination, the consumer may initiate an action in a court
of competent jurisdiction to recover or obtain such refund, exchange and/or
reimbursement.
5.
Nothing in this section shall in any way limit the rights or remedies, which
are otherwise available to a consumer under any other law.
Animal
Pedigree Registration
1.
Any pet dealer who states, promises, or represents that an animal is registered
or capable of registration with an animal pedigree registry organization shall
provide the purchaser with the appropriate documents necessary for such
registration within one hundred twenty days following sale of the animal. If
the purchaser notifies the pet dealer in writing on or before such time that he
or she has not received the appropriate registration documents, the pet dealer
shall have, in addition to the one hundred twenty days, sixty more days in
which to provide the appropriate documents.
2.
If a pet dealer fails to provide documents as required under subdivision one of
this section, the purchaser, upon written notice to the pet dealer, may keep
the animal and receive a partial refund of seventy-five percent of the purchase
price, in which event the pet dealer shall not be required to provide
registration documents. Acceptance by the purchaser of appropriate registration
documents, whether or not within the time periods set forth in subdivision one
of this section, shall be deemed a waiver of the right to a partial refund
pursuant to this subdivision.
Registration
Notice - Disclosure Statement
(a)A
pet dealer that sells animals registered or remittable with a pedigree registry
shall post conspicuously within close proximity to those animals a notice that
states: "Pedigree registration means that the particular registry
maintains information on the parentage and identity of the animal". (b)For
every animal sold by a pet dealer that is sold with the representation that the
animal is registered or remittable with an animal pedigree registry
organization, the following fully completed disclosure shall be made by the pet
dealer in writing on a sheet separate from any other statement in substantially
the following form:
"Disclosure
of Animal pedigree registration: Description of animal: The animal you are
purchasing is registered/remittable (circle one) with the (enter name of
registry). Registration means that (enter name of registry) maintains
information regarding the parentage and identity of this animal. Persons buying
animals represented by a pet dealer as being registrable are entitled to the
papers necessary to affect such registration within 120 days of purchase. Failure
to provide such papers entitles the purchaser to remedies under law. However,
if the purchaser notifies the pet dealer within the 120 day period that he or
she has not received such papers, the pet dealer shall have an additional 60
days commencing at the end of the 120 day period in which to provide the
documents. Acknowledged: Date: Purchaser's Signature."
(c)The
disclosure shall be signed and dated by the purchaser of the animal,
acknowledging receipt of a copy of the statement. The pet dealer shall retain a
copy of the signed disclosure.
A
"pet dealer" shall mean any person, firm, corporation, or other
association, which engages in the sale of more than nine animals per year for
profit to the public. Such definition shall include breeders who sell animals;
provided that a breeder who sells directly to the consumer fewer than
twenty-five animals per year that are born and raised on the breeder's
residential premises shall not be considered a pet dealer as a result of the
sale of such animals. The definition shall further not include duly
incorporated humane societies dedicated to the care of unwanted animals, which
make such animals available for adoption whether or not a fee for such adoption
is charged.
Every
pet dealer who sells an animal to a consumer shall post a notice clearly
visible to the consumer and provide the consumer at the time of sale with a
written notice, printed or typed, setting forth the rights provided under this
article. The Department of Agriculture & Markets shall prescribe such
notices, but the written notice may be contained in a written contract, an
animal history certificate or separate document, provided such notices are in
ten-point boldface type. No pet dealer shall restrict or diminish by contract
or otherwise, the rights provided under this article.
Veterinarian
Examination
1.
Within five business days of receipt, but prior to the sale of any dog, the pet
dealer shall have a duly licensed veterinarian conduct an examination and tests
appropriate to the breed and age to determine if the animal has any medical
conditions apparent at the time of the examination that adversely affect the
health of the animal. For animals eighteen months of age or older, such
examination shall include a diagnosis of any congenital conditions that
adversely affect the health of the animal. Any animal found to be afflicted
with a contagious disease should be treated and caged separately from healthy
animals.
2.
All animals shall be inoculated as required by state or local law. Veterinary care
appropriate to the species shall be provided without undue delay when
necessary. Each animal shall be observed each day by the pet dealer or by a
person working under the pet dealer's supervision.
3.
No pet dealer shall knowingly sell any animal eighteen months of age or older
that has a diagnosed congenital condition that adversely affects the health of
the animal without first informing the consumer, in writing, of such condition.
Penalties
and Enforcement
1.
In addition to the other remedies provided, whenever there shall be a violation
of this article, application may be made by the attorney general in the name of
the people of the state of New York to a court or justice having jurisdiction
by a special proceeding to issue an injunction, and upon notice to the
defendant of not less than five days, to enjoin and restrain the continuance of
such violations; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this article, an injunction
may be issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been injured
or damaged thereby.
In
any such proceeding, the court may make allowances to the attorney general as
provided paragraph six of subdivision (a) of section eighty-three hundred three
of the civil practice law and rules, and direct restitution. Whenever the court
shall determine that a violation of this article has occurred, the court may
impose a civil penalty of not less than fifty dollars and not more than one
thousand dollars. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil practice law
and rules.
1-a. Any person who violates this law may
also be subject to denial, suspension, revocation of, or refusal to renew a pet
dealer license, in accordance with the provisions of sections four hundred
three and four hundred four of the agriculture and markets law.
2.
The provisions of this article may be enforced concurrently by the director of
a municipal consumer affairs office, or by the town attorney, or civil
corporation counsel, and all moneys collected there under shall be retained by
such municipality or local government.
This
information is general in nature and is not intended as a reliability report on
any company, product, or service.