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 law, a pet dealer is defined as someone who sells more than nine animals per year for profit. This includes breeders who sell animals directly to consumers. However, if a breeder sells fewer than twenty-five animals per year that are born and raised on their residential premises, they are not classified as a pet dealer (N.Y. Gen. Bus. Law § 752).
In your case, since you are considered a hobby kennel and sell fewer than twenty-five puppies per year, you are not subject to the same regulations as a pet dealer. However, you still have obligations under the Pet Health Guarantee you provided. If a customer claims a puppy is unhealthy, they must allow a veterinarian of your choosing to examine the puppy. If the puppy is certified as unfit for sale, you are required to offer a refund, exchange, or reimbursement for veterinary costs related to the issue (N.Y. Gen. Bus. Law § 753). Since the customer refused to have the puppy re-examined, they may not be honoring the terms of the guarantee.
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.