|
MINNESOTA
(Trade Regulations,
Consumer Protection – Consumer Protection; Products And Sales – Regulating
Sale Of Dogs And Cats) §325F.791 Sales of dogs and cats |
1992 |
Requires pet dealers
to provide to each purchaser written disclosure of:
·
Name, address, and USDA license number of
breeder and any broker who has had possession of the animal;
·
Animal’s date of birth;
·
Date the dealer received the animal;
·
Breed, sex, color, and identifying marks;
·
Individual identifying tag, tattoo, or collar
number;
·
Name and registration number of sire and dam,
and litter number (exception: mixed breeds, if this information
cannot be determined);
·
Record of inoculations, worming treatments,
and medication; and
·
Statement signed by dealer
that:
o
the animal has no known health problem OR
o
discloses any known health problem and a
statement signed by a vet recommending treatment.
Dealer must maintain
a copy of the statement for 1 year after delivery to purchaser.
Dealers must post in a
prominent location, a notice, in 48-point boldface type, containing the
following:
"Information on all dogs and cats is available. You are entitled to a
statement of consumer rights. Make sure you receive this statement at the
time of purchase."
Requires dealer to
provide to purchaser a written notice of rights, signed by
purchaser, acknowledging that purchaser has reviewed the notice, and
signed by dealer certifying accuracy of
the information contained in it. A signed copy must be retained by dealer
and one copy is to be given to purchaser. The notice must be in 16-point
boldface type and state specific language indicating that consumer
protection laws apply to the sale of cats and dogs. [See the
statute for specific details.]
No animal may be
offered for sale by broker or dealer to retail purchaser until examined by
a vet. The vet used by the broker cannot be the same vet used by the
dealer. If the dealer is not the breeder,
each animal must be examined within 2 days after receipt by a dealer
and within 4 days of delivery to the purchaser. Cost is to be paid
by dealer.
A dealer who represents an animal as
eligible for registration with an animal pedigree organization must
provide the retail purchaser the documents necessary for registration
within 90 days of final payment.
Exceptions:
·
The health problem or death resulted from
maltreatment, neglect or a disease contracted while in purchaser’s
possession;
·
The health problem or death resulted from an
injury sustained subsequent to the purchaser’s receipt of the animal;
·
The purchaser failed to carry out recommended
treatment prescribed by the examining vet; and
·
The vet statement to purchaser
disclosed the health problem. |
As per §325F.792:
Maximum $1,000 fine.
The purchaser of an
animal with a health problem must:
·
Notify dealer, within 2 business days, of the
diagnosis of a health problem and provide the name and telephone number of
the vet and a copy of the report;
·
To receive a full refund, return the animal
within 2 business days after receipt of a written statement from a vet
indicating animal is unfit due to a health problem; and
·
For a dead animal, must provide a written
statement from a vet stating the animal died from a health problem which
existed on or before receipt.
An animal is unfit for sale if:
·
Within 10 days after receipt of the animal, a
vet states in writing that the animal has a health problem which existed
at the time of delivery;
·
If within 1 year after receipt, a vet states
in writing that the animal has died or is ill due to a congenital defect;
or
·
The animal is not of the breed represented.
In the event an animal
dies due to a health problem which existed at the time of delivery, the
purchaser can choose from the following remedies:
·
receive an animal of equal value, if
available, and reimbursement for reasonable vet fees (reimbursement
maximum is the original purchase price); or
·
receive a refund of the full purchase price.
In the event of a
health problem which existed at the time of delivery, the purchaser can
choose one of the following remedies:
·
return the animal
for a refund of the full purchase price;
·
exchange the animal for an animal of the
purchaser's choice of equivalent value, if available; or
·
retain the animal, and receive reimbursement
for reasonable vet fees (reimbursement maximum is the original purchase
price).
If contesting the remedy, the dealer may require the purchaser to produce
the animal for exam or autopsy by a vet of dealer’s choosing and expense.
The dealer has a right of recovery against
the purchaser if not obligated to provide a remedy.
If dealer does not
provide remedy, the purchaser can file a lawsuit. The prevailing party
can recover costs and attorney fees (maximum $500).
If pedigree registration paperwork is not received by the purchaser within
90 days, the purchaser may:
·
retain the animal and receive a 50% refund;
or
·
return the animal, along with all prior
documentation, and receive a full refund.
The dealer is not responsible for delays in
registration which are the result of others. |
