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FLORIDA (Crimes
– Animals: Cruelty; Sales; Animal Enterprise Protection) §828.29 Dogs
and cats transported or offered for sale; health requirements; consumer
guarantee |
1981
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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: 1st
Degree Misdemeanor: A term of imprisonment not exceeding 1 year and/or a
fine up to $1,000. |
