STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

FLORIDA (Crimes – Animals: Cruelty; Sales; Animal Enterprise Protection) §828.29 Dogs and cats transported or offered for sale; health requirements; consumer guarantee

1981

Requires that dogs transported into the state for sale must have required tests, vaccines, and anthelmintics administered under the direction of a licensed vet.  They must be administered 14-30 days before entry into Florida. The certificate of vet inspection ensuring compliance must accompany each dog so transported.

For dogs offered for sale in the state, the tests, vaccines, and anthelmintics must be administered before being offered for sale (exception: if the vet certifies on the inspection certificate that to inoculate or deworm the dog is not in the dog’s best medical interest).

Each dog must receive:

·         DHLPP vaccines;

·         Bordetella inoculation; 

·         Rabies vaccine (if the dog is over 3 months of age); and

·         Deworming for roundworms and hookworms.

If the dog is under 4 months, the tests, vaccines, and anthelmintics must be administered no more than 21 days before sale. If 4 months or older, they must be administered at or after 3 months of age, but no more than 1 year before sale.

For each cat transported into the state for sale, the tests, vaccines, and anthelmintics required must be administered under the direction of a licensed vet.  They must be administered 14-30 days before the cat's entry into the state. The certificate of vet inspection ensuring compliance must accompany each cat so transported.

The tests, vaccines, and anthelmintics must be administered before the cat is offered for sale (unless the vet certifies on the certificate of vet inspection that to inoculate or deworm the cat is not in the cat’s best medical interest). Each cat must receive:

·         FVRCP vaccination;

·         Rabies vaccination (if over 3 months of age); and

·         Deworming for hookworms and roundworms.

If the cat is under 4 months, they must be administered no more than 21 days before sale. If 4 months or older, they must be administered at or after 3 months of age, but no more than 1 year before sale.

Each dog or cat must be accompanied by a current certificate of vet inspection at all times while being offered for sale. The examining vet must retain 1 copy on file for at least 1 year after the exam. At sale, 1 copy must be given to the buyer. The seller must retain 1 copy on record for at least 1 year after sale.

The vet exam of each dog and cat must take place no more than 30 days before sale. The exam must include a fecal test to determine if free of internal parasites. If warranted, the dog or cat must be treated with a specific anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or cat must be given a broad spectrum anthelmintic. Each dog over 6 months must be tested for heartworms. Each cat must be tested for feline leukemia. All of these tests must be performed under the supervision of a vet, and the results must be listed on the certificate of vet inspection.

Certificate must:

·         Be signed by vet;

·         Be legible;

·         Show age, breed, sex, color and health record;

·         Include the printed or typed name and address of place or person from whom the animal was obtained;

·         List the seller, the purchaser and the vet’s name and license number;

·         List all vaccines and worming (in detail); and

·         State that the vet warrants that there is no sign of contagious or infectious disease and no evidence of parasites.

All dogs and cats offered for sale and copies of certificates are subject to inspection by any agent of the Department of Agriculture and Consumer Services, USDA, any law enforcement officer, or agent appointed under §828.03.

Provides specific language for written notice that dealers must provide to the consumer at sale.

 

Prohibits dealers from knowingly misrepresenting the breed, sex or health of a dog or cat offered for sale.

Prohibits transporting dogs or cats into the state (for sale) or offering them for sale in the state if they are less than 8 weeks old.

Exception:

·         Injury sustained or illness contracted after consumer takes possession;

·         Intestinal or external parasites (unless clinically ill due to the parasites); and

·         County-operated or city-operated animal control agencies and registered nonprofit humane organizations.

The consumer gets a remedy if:

·         Within 14 days following the sale, a vet certifies that, at the time of the sale:

o      the animal was unfit for purchase due to illness or disease; or

o      the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites (except fleas and ticks).

·         Within 1 year following the sale, a vet certifies the animal to be unfit for purchase due to a congenital disorder which adversely affects animal’s health or the breed, sex, or health is found to have been misrepresented.

Consumer chooses a remedy:

·         Can return the animal and receive refund of purchase price, including tax, and reimbursement for reasonable veterinary costs;

·         Can return the animal and receive an exchange of the consumer's choice of equivalent value, and reimbursement for reasonable vet costs; or

·         Can retain the animal and receive reimbursement for reasonable vet costs for necessary services and treatment related to the attempt to cure (or curing of) the dog or cat.

Maximum reimbursement for vet costs is the purchase price of the animal.

Consumer may sign a waiver relinquishing his or her right to return the dog or cat for congenital disorders. After signing waiver, consumer has 48 business hours to have animal examined by a vet. If the vet certifies that, at the time of sale, the dog or cat was unfit for purchase due to a congenital disorder, the dealer must afford the consumer the right to:

·         Return the animal and receive refund of the purchase price including tax (excluding veterinary costs); or

·         Return the animal and receive an exchange of the consumer's choice of equivalent value (but not a refund of vet costs).

If dealer specifically states in writing (at sale) the presence of a specific congenital disorder, the consumer has no right to any refund or exchange for that disorder.

The refund or exchange must be made by dealer no later than 10 business days following receipt of signed vet certification. Consumer must notify dealer within 2 business days after vet's determination that animal is unfit. Written certification of unfitness must be presented to dealer no later than 3 business days following receipt by consumer.

If dealer is contesting the remedy, dealer may require the consumer to produce animal for exam by a vet chosen by dealer. If parties are unable to reach an agreement within 10 business days following receipt of the animal for the exam, consumer may initiate a lawsuit.

State attorney can enjoin violations or stop offender from being a pet dealer.

Violations:  1^st Degree Misdemeanor: A term of imprisonment not exceeding 1 year and/or a fine up to $1,000.