Full question:
Am I under the same laws as a Pet Dealer who produces 25+ puppies where I am under 25 puppies/yr? A customer did not return a puppy (with health issues) for my vet to re-examine and now wants his money back. I gave a Pet Health Guarantee with a clear health record from my vet. He refused to bring the puppy for my vet to recheck thus ignoring to honor the Pet Health Guarantee. I am considered a Hobby Kennel.
- Category: Animals
- Date:
- State: New York
Answer:
Under New York state statutes, a pet dealer is considered someone who sells more than 9 animals per year for profit.
Please see the following NY statutes:
§ 752 Gen. Bus. Definitions.
As used in this article:
1. "Animal" means a dog or a cat.
2. "Consumer" means any individual purchasing an animal from a pet
dealer. A pet dealer shall not be considered a consumer.
3. For purposes of section seven hundred fifty-three of this article, a "
pet dealer" shall mean any person who, in the ordinary course of business,
engages in the sale or offering for sale of more than nine animals per year
for profit to the public. Such definition shall include breeders of animals
who sell or offer for sale animals directly to a consumer but it shall 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. For purposes of sections seven
hundred fifty-three-a, seven hundred fifty-three-b, seven hundred
fifty-three-c, seven hundred fifty-three-d and seven hundred fifty-three-e
of this article, "pet dealer" shall mean any person who engages in the sale
or offering for 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 or offers to sell directly to the consumer fewer
than twenty-five animals per year that are born and raised on the breeders
residential premises shall not be considered a pet dealer as a result of
selling or offering to sell such animals. Such definition shall 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.
4. "Commissioner" shall mean the commissioner of agriculture and markets.
5. "Person" means any individual, corporation, partnership, association,
municipality, or other legal entity.
6. "Nonelective surgical procedure" means a surgical procedure that is
necessary to preserve or restore the health of an animal, to prevent an
animal from experiencing pain or discomfort, or to correct a condition that
would interfere with an animal's ability to walk, run, jump, or otherwise
function in a normal manner.
7. "Clinically ill" means an illness that is apparent to a veterinarian
based on observation, examination, or testing of an animal or upon review
of the medical records relating to the animal.
§ 753 Gen. Bus. Sale of animal.
1. If, within fourteen business days following the sale of an animal
subject to this article or receipt of the written notice required by
section seven hundred fifty-four of this article, 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 veterinarian'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 commissioner 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 commissioner 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 the
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.
2-a. Every pet dealer who sells an animal required to be vaccinated
against rabies, pursuant to section twenty-one hundred forty-one of the
public health law, to a consumer shall provide the consumer at point of
sale with a written notice, provided by the department of health,
summarizing rabies immunization requirements.
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.
§ 753-a Gen. Bus. 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
shall 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.
§ 753-b Gen. Bus. Information statement for purchaser
Every pet dealer shall deliver to the purchaser of an animal, at the
time of sale, a written statement in a standardized form prescribed by
the commissioner of agriculture and markets containing the following
information:
1. For cats:
(a) The breeder's name and address, if known, or, if not known, the
source of the cat. If the person from whom the cat was obtained is a dealer
licensed by the United States department of agriculture, the person's name,
address, and federal identification number;
(b) The date of the cat's birth, unless unknown because of the source of
the cat, the date the pet dealer received the cat, and the location where
the cat was received;
(c) A record of immunizations and worming treatments administered, if
any, to the cat as of the time of sale while the cat was in the possession
of the pet dealer, including the dates of administration and the type of
vaccines or worming treatments administered;
(d) A record of any known disease, sickness, or congenital condition that
adversely affects the health of the cat at the time of sale;
(e) A record of any veterinary treatment or medication received by the
cat while in the possession of the pet dealer and either of the following:
(i) A statement, signed by the pet dealer at the time of sale, indicating
all of the following: (1) The cat has no known disease or illness; (2) The
cat has no known congenital or hereditary condition that adversely affects
the health of the cat at the time of sale; or
(ii) A record of any known congenital or hereditary condition, disease,
or illness that adversely affects the health of the cat at the time of
sale, along with a statement signed by a licensed veterinarian that
authorizes the sale of the cat, recommends necessary treatment, if any, and
verifies that the condition, disease or illness does not require
hospitalization or nonelective surgical procedures, and is not likely to
require hospitalization or nonelective surgical procedures in the future. A
veterinarian statement is not required for intestinal or external parasites
unless their presence makes the cat clinically ill or is likely to make the
cat clinically ill. The statement shall be valid for fourteen business days
following examination of the cat by the veterinarian.
2. For dogs:
(a) The breeder's name and address, if known, or if not known, the source
of the dog. If the person from whom the dog was obtained is a dealer
licensed by the United States department of agriculture, the person's name,
address, and federal identification number;
(b) The date of the dog's birth and the date the pet dealer received the
dog. If the dog is not advertised or sold as a purebred, registered or
registrable, the date of birth may be approximated if not known by the
seller;
(c) The breed, sex, color and identifying marks at the time of sale. If
the dog is from a United States department of agriculture licensed source,
the individual identifying tag, tattoo, or collar number for that animal.
If the breed is unknown or mixed, the record shall so indicate. If the dog
is being sold as being capable of registration, the names and registration
numbers of the sire and dam, and the litter number, if known;
(d) A record of inoculations and worming treatments administered, if any,
to the dog as of the time of sale while the dog was in the possession of
the pet dealer, including dates of administration and the type of vaccines
and/or worming treatments administered;
(e) A record of any veterinary treatment or medication received by the
dog while in the possession of the pet dealer and either of the following:
(i) A statement, signed by the pet dealer at the time of sale, indicating
all of the following: (1) The dog has no known disease or illness; (2) The
dog has no known congenital or hereditary condition that adversely affects
the health of the dog at the time of the sale; or
(ii) A record of any known congenital or hereditary condition, disease
or illness that adversely affects the health of the dog at the time of
sale, along with a statement signed by a licensed veterinarian that
authorizes the sale of the dog, recommends necessary treatment, if any,
and verifies that the condition, disease, or illness does not require
hospitalization or nonelective surgical procedures, and is not likely to
require hospitalization or nonelective surgical procedures in the
future. A veterinarian statement is not required for intestinal or
external parasites unless their presence makes the dog clinically ill or
is likely to make the dog clinically ill. The statement shall be valid
for fourteen business days following examination of the dog by the
veterinarian.
(f)[fn*] Notification that dogs residing in New York state must be
licensed, and that a license may be obtained from the municipality in
which the dog resides.
[fn*] NB Effective January 23, 2009
3. A disclosure made pursuant to subdivision one or two of this section
shall be signed by both the pet dealer certifying the accuracy of the
statement and the purchaser acknowledging receipt of the statement. At
the time of sale, each pet dealer shall provide the purchaser with
information on the value of spaying and neutering of dogs and cats.
4. Every pet dealer shall post conspicuously within close proximity to
the cages of dogs and cats offered for sale, a notice containing the
following language in one hundred-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."
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
