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NEW JERSEY
(Trade Names, Trade-Marks And Unfair Trade Practices – Frauds, Etc., In
Sales Or Advertisements Or Merchandise) §56:8-95 Noncompliance by pet
shop considered deceptive practice |
1999
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It is a deceptive practice for an owner or
operator of a pet shop (or a pet shop employee) to sell animals without
complying with this statute.
Within 5 days prior to offering an animal
for sale, pet shop must have animal examined by a vet. The name and
address of the examining vet and his/her findings and the treatment
ordered must be noted on the animal history and health certificate for
each animal. If 14 days have passed since the last exam, the animal must
be reexamined by a vet.
Each cage must
have a label identifying the sex, breed, date and place of birth,
the name and address of the vet, and the date of the initial exam of the
animal.
Any animal diagnosed as suffering from a
contagious disease or condition must be quarantined and not sold
until a vet treats the animal and determines that the animal is
free of clinical signs of infectious disease or fit for sale. These
animals must be separated from the general animal population.
Pet shop owners, operators, or employees
may vaccinate animals prior to purchase only on the order of a vet.
The Director of the Division of Consumer
Affairs must provide each owner or operator of a pet shop with
notification forms that must be signed by the pet shop and the consumer at
the time of sale. [See the statute for details regarding these
notice forms.]
The shop must provide the consumer with a
signed copy of the notice form and retain a copy. Copies must be readily
available for inspection by the Division of Consumer Affairs. (Note:
The statute prohibits pet shops from using the signed form as an
abdication of the right to recourse, or as a selection of recourse.)
Requires the shop to have an animal that
has been examined more than 14 days prior to purchase reexamined by a vet
within 72 hours of delivery to consumer. This reexamination will disclose
the animal’s condition. Exception: If the consumer has waived the
right to reexamination in writing. (The shop must provide a copy of the
written waiver to the consumer prior to the signing of any agreement to
purchase the animal and the written waiver must be in the form established
by the director.)
Any owner or operator of a pet shop
(or pet shop employee) is guilty of a
deceptive practice if he/she secures (or attempts to secure) a waiver of
these rights. |
Consumer is entitled to recourse if:
·
at any time within 14 days after sale
and delivery, the animal becomes sick or dies and a vet certifies
(within the 14 days) that the animal is unfit for purchase due to a
non-congenital cause or condition;
·
at any time within 14 days after sale
and delivery, the animal becomes sick or dies and a vet certifies
(within 14 days) that the animal died from causes other than an accident;
or
·
if the animal becomes sick or dies within 180
days after the date of purchase and a vet certifies (within the 180 days)
that the animal is unfit for sale due to a
congenital condition, or a sickness brought on by a congenital condition,
or died from such a condition.
It is the responsibility of the consumer to
obtain the vet certification (unless the shop fails to provide the
required notice). If no notice, then consumer entitled to recourse.
The consumer can
select from the following recourse:
·
The right to return the animal and receive a
refund (including tax) plus reimbursement of vet fees;
·
The right to retain the animal and receive
reimbursement for past and future vet fees to cure (or attempt to cure)
the animal;
·
The right to return the animal and obtain
another animal of the consumer's choice (of equal value) plus
reimbursement of vet fees; or
·
If the animal died (non-accidentally), the
right to a refund (including tax) or another animal of the consumer's
choice (of equal value) plus reimbursement of vet fees.
Maximum
reimbursement for vet fees is 2x the purchase price (including tax).
The vet must provide
the certification within 7 days after the consumer consults with the vet.
The certification must include:
·
The name of the owner;
·
Dates of exam;
·
Breed, color, sex and age;
·
Statement of findings;
·
Statement certifying animal to be "unfit for
purchase";
·
Itemized statement of fees;
·
If animal may be curable, an estimate of the
cost;
·
If animal has died, a statement establishing
probable cause of death; and
·
Vet’s name and address and the date of
certification.
On presentation of
certification, consumer must select
recourse and shop must confirm in writing. This must be signed by both
parties with copies retained by each.
The shop has 10 days
to comply with recourse. To contest the recourse selection, the shop must
notify consumer and director in writing within 5 days after receipt of
certification and signed confirmation. The shop may require consumer to
produce animal for exam by a vet (exception: if animal has died and
was required to be cremated). The director must hold a hearing to
determine whether the recourse selected should be allowed. The consumer
and shop can appeal decision. |
