"ANIMAL LEMON LAW"
NYS "ANIMAL LEMON LAW"
NYS GENERAL BUSINESS LAW ARTICLE 35-D
SALE OF DOGS AND CATS
Section:
751. Legislative
Intent.
752. Definitions.
752-a.
Definition.*
753. Sale
of animal.
753-a.
Veterinarian examination.*
753-b.
Information statement for purchaser.*
753-c.
Animal pedigree registration.*
753-d.
Construction with other laws.*
753-e.
Preemption of local laws.*
754.
Notice.
755.
Penalties and enforcement.
* NB Effective February 12, 2001
S 751.
Legislative intent. It is hereby determined and declared
that supervision by the state of the sale of dogs or cats by
pet dealers is within the public interest and for the
purpose of safeguarding the public and insuring the humane
treatment of such animals by guaranteeing the good health of
such dogs or cats in the course of such transactions, or
providing other alternatives to the consumer.
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S 752.
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. "Pet dealer" means any person, firm, partnership,
corporation or other association which in the ordinary
course of business engages in the sale of more than nine
animals per year for profit to the public. Such definition
shall include breeders of animals who sell 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.
4. "Commissioner" shall mean the commissioner of agriculture
and markets.
5. "Person" means any individual, corporation, partnership,
associ- ation, 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
veterinari- an based on observation, examination, or testing
of an animal or upon review of the medical records relating
to the animal.
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S
752-a. Definition. 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, firm, corporation, or other associ- ation 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 breeders 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.
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S 753. Sale of
animal..
S 753.
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.
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.
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S
753-a. 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 condi- tions
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 separate- ly
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 super- vision.
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.
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S
753-b. 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 agri- culture 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 follow- ing:
(i) A statement, signed by the pet dealer at the time of
sale, indi- cating 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 indi- cate. 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 follow- ing:
(i) A statement, signed by the pet dealer at the time of
sale, indi- cating 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.
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 state- ment. 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."
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S
753-c. Animal pedigree registration.
1. Representation regarding animal`s pedigree registration.
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 subdi- vision one of this section, the purchaser, upon
written notice to the pet dealer, may keep the animal and
receive a partial refund of seven- ty-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.
3. Registration notice-disclosure statement. (a) A pet
dealer that sells animals registered or registrable with a
pedigree registry shall post conspicuously within close
proximity to those animals a notice that states: "Pedigree
registration means that the particular registry main- tains
information on the parentage and identity of the animal".
(b) For every animal sold by a pet dealer that is sold with
the repre- sentation that the animal is registered or
registrable 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/registrable (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 effect
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.
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S
753-d. Construction with other laws. Nothing in this article
shall be construed to limit or restrict agents or officers
of societies for the prevention of cruelty to animals or the
police from enforcing arti- cles twenty-six and twenty-six-A
of the agriculture and markets law or any other law relating
to the humane treatment of, or cruelty to, animals.
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S
753-e. Preemption of local laws. The provisions of this
article shall apply to all municipalities, including cities
with a population of one million or more, and shall
supersede any local law, rule, regu- lation, or ordinance
regulating or licensing pet dealers as defined in this
article. Nothing in this section shall be construed to limit
or restrict any municipality from enforcing any local law,
rule, regulation or ordinance of general application to
businesses governing public health, safety or the rights of
consumers.
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S 754.
Notice. 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. Such notices shall be prescribed by the
commissioner, 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.
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S 755.
Penalties and enforcement. 1. In addition to the other
remedies provided, whenever there shall be a violation of
this article, applica- tion 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 contin- uance 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 in paragraph
six of subdivision (a) of section eighty-three hundred three
of the civil practice law and rules, and direct restitu-
tion. Whenever the court shall determine that a violation of
this arti- cle 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 any provision of section seven
hundred fifty-three-a, seven hundred fifty-three-b, or seven
hundred fifty- three-c of this article may also be subject
to denial, suspension, revo- cation 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 attor- ney, or city corporation
counsel, and all moneys collected thereunder shall be
retained by such municipality or local government.
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