STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

PENNSYLVANIA (Pennsylvania Statutes – Trade And Commerce –Fair Trade, And Business Practices –
Unfair Competition, Acts Or Practices) 73 Pa. Cons. Stat. §201-9.3 Dog purchaser protection

N/S

Requires sellers to provide purchasers with a health record for dog at sale, and a health certificate issued by a vet within 21 days prior to sale or a guarantee of good health issued and signed by seller. The health record must include:

·         Dog breed or whether unknown or mixed. If advertised or represented as registrable, name and address of pedigree registry where dam and sire are registered;

·         Date of birth;

·         If not advertised or sold as purebred, registered or registrable, date of birth may be approximated;

·         Dog's sex;

·         Color and markings;

·         Vaccinations, if known, and the date, type and name of person who administered them, if known;

·         Known disease, illness or conditions; and a record of any vet treatment or medication received by the dog while in seller’s possession;

·         Date, dosage and type of any parasitic medicine, if known; and

·         Seller’s name, address and signature, and a statement affirming that the data is true.

A health certificate issued by a vet will certify the dog to be apparently free of:

·         any contagious or infectious illness;

·         any defect which is congenital and diagnosable with reasonable accuracy; and

·         parasitic infestations that make the dog clinically ill.

It must include the name, address and signature of vet and the date the dog was examined.

Requires a guarantee of good health dated and signed by both parties on date of sale, warranting that the dog being sold is apparently free of and does not exhibit any signs of any contagious or infectious disease, is apparently free from and does not exhibit any signs of any congenital defect, does not exhibit any signs of being clinically ill; and does not exhibit signs of a parasites.

The guarantee of good health must clearly state in bold type:

THIS GUARANTEE DOES NOT WARRANT THAT THIS DOG HAS BEEN EXAMINED BY A VETERINARIAN. THE PURCHASER IS ENCOURAGED TO HAVE THIS DOG EXAMINED BY A VETERINARIAN AS SOON AFTER PURCHASE AS IS FEASIBLE.

Seller must also verbally state these facts to the purchaser.

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Seller who advertises or otherwise represents that a dog is registered or registerable must provide purchaser with:

·         Breeder's name and address;

·         Name and registration number of dam and sire of litter;

·         Name and address of the pedigree registry organization where dam and sire are registered; and

·         Documentation necessary to register dog must be provided by seller within 120 days of sale. The period may be extended by seller if dog is being imported from outside the US by notifying purchaser in writing of the reason for extension and a reasonable estimate of the arrival date of the documents.

Seller may withhold registration application until purchaser supplies a signed vet's certificate stating dog has been spayed or neutered (if this was agreed to in writing at sale). Registration application must be provided within 10 days of receiving certificate if supplied beyond 120-day period.

A summary of this statute must be conspicuously posted in the place of business. The Office of Attorney General will establish regulations specifying the contents of the notice. The posted notice must state that the health record info is available on request.

At sale, seller must provide a written notice setting forth consumer rights. The notice must include the following:

THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF PENNSYLVANIA LAW. THE ACTUAL PROVISIONS OF THE LAW ARE IN SECTION 9.3 OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.

Exceptions:

·         Parasites (unless dog is clinically ill or dies due to them).

·         Injury sustained or illness most likely contracted subsequent to sale.

·         Where a health certificate disclosed the health problem at sale. The disclosure must be signed by both parties.  (Note: If seller guaranteed good health, this exception does not apply.)

$1,000 civil penalty per violation.

If, within 10 days after purchase, a dog is certified by a vet to be clinically ill (or dies) from a contagious or infectious illness or a parasitic illness which renders it unfit for purchase (or results in its death), the purchaser may either:

·         Return the dog for a complete refund of the purchase price (excluding sales tax);

·         Return the dog for replacement of equal value (of purchaser's choice) if available; or

·         Retain the dog and receive reimbursement for reasonable vet fees incurred in curing or attempting to cure dog (maximum seller’s liability is the purchase price excluding tax). Only applies if purchaser's vet determines illness can be treated by procedures that are appropriate and customary. Reimbursement excludes the initial exam fee and diagnostic or treatment fees not directly related to the certification.

If, within 30 days after purchase, a vet certifies that a dog has (or died from) a congenital defect that adversely affects the animal’s health, the purchaser may choose a remedy (above).

Note:  Remedies also apply to replacement dogs.

 

The vet certification is supplied at the purchaser's expense. The vet certification must state:

·         Purchaser's name and address;

·         Exam date;

·         Breed and age of the dog;

·         That the vet examined the dog;

·         That the dog has or had an illness or a defect which renders it unfit for purchase or which resulted in its death;

·         The precise findings of the exam, diagnostic tests or necropsy;

·         The treatment recommended, if any, and an estimate or the actual cost of the treatment; and

·         The vet’s name, address, telephone number and signature.

Within 2 business days of exam which certifies illness, defect or death, purchaser must notify seller of the name, address and telephone number of the examining vet. Failure to notify or to carry out the recommended treatment prescribed by the vet results in forfeiture of rights.

The refund or reimbursement must be within 14 days after receipt of vet certification. The certification must be presented to seller no later than 5 days following receipt by purchaser.

If seller contests the remedy, seller may, within 2 business days of notification, require purchaser to produce dog for exam by a licensed vet chosen and paid for by seller.

If dog is incapable of being transported because of being hospitalized, the attending vet must provide all relevant info requested by seller’s vet. Unless hospitalized, failure to produce dog within 2 business days by purchaser will nullify any obligation by seller.

After exam, if parties are unable to reach an agreement (on the remedies above) within 14 days following receipt of dog for the exam, either party may file a lawsuit.

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If seller fails to provide documentation within 120 days of sale or to notify the purchaser of extension, purchaser may either:

·         Return the dog and receive full refund of the purchase price excluding sales tax; or

·         Retain the dog and receive 50% refund of purchase price.