2007 -- H 5177

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

AN ACT

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- PET WARRANTIES -- DOGS

Introduced By: Representatives Fellela, Serpa, Melo, Giannini, and Ucci

Date Introduced: January 24, 2007

It is enacted by the General Assembly as follows:

SECTION 1. Title 4 of the General Laws entitled "Animals and Animal Husbandry" is hereby

amended by adding thereto the following chapter:

CHAPTER 25

PET WARRANTIES -- DOGS

4-25-1. Definitions. - As used in this chapter:

(1) "Clinically ill" means an illness that is apparent to a licensed veterinarian based on observation,

examination, or testing of the dog.

(2) "Nonelective surgical procedure" means a surgical procedure that is necessary to preserve or

restore the health of an animal or to correct a condition that would interfere with the animal's ability to

walk, run, jump or otherwise function in a normal manner.

(3) "Purchaser" means any person purchasing a dog from a seller, as defined in this section.

(4) "Seller" means any person, business or other entity engaging in the sale of dogs, except that this

definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other

entity operating as a nonprofit organization pursuant to Rhode Island law. Persons selling fewer than

twenty (20) dogs or three (3) litters, whichever is greater, in a single calendar year shall be exempt from

the provisions of this chapter.

4-25-2. Information at sale provided by seller. - (a) Every seller shall, at the time of sale, deliver to

the purchaser of each dog a written statement containing the following information:

(1) The date of the animal's birth, if known; the breeders name and address, if known; and the date

the seller received the animal, if not bred by the seller. If the seller does not know the name and address

of the breeder, then the seller must provide the name and address of the person who sold or gave the

animal to the seller.

(2) The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any.

If the animal is from a United States Department of Agriculture licensed source, the statement shall

contain the individual identifying tag, tattoo or collar number for that animal. If the breed is unknown or

mixed, the statement must so indicate.

(3) If the animal is being sold as registerable, the names and registration numbers of the sire and dam

and the litter number.

(4) A record of any inoculations and worming treatments administered to the animal as of the time of

sale including dates of administration and the type of vaccine or worming treatment.

(5) A record of any diagnosis, treatment or medication received by the animal from a licensed

veterinarian while in the possession of the seller.

4-25-3. Written disclosure by seller. - (a) Upon the sale of a dog, a written disclosure signed and

dated by both the seller and purchaser shall be provided and shall include:

(1) A statement by the seller:

(i) That the animal has no known disease or illness nor any congenital or hereditary condition that

adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of

this animal in the future; or

(ii) Of any known disease, illness or congenital or hereditary condition that adversely affects the

health of the animal at the time of sale or is likely to adversely affect the health of the animal in the

future.

(b) The seller must disclose in writing if the animal has not received a veterinary examination prior to

sale.

4-25-4. Record keeping. - A seller shall maintain the written record on the health and disposition of

each dog sold by the seller for a period of two (2) years following the sale. The record shall also contain

all of the information required to be disclosed pursuant to sections 4-25- 2 and 4-25-3 herein. These

records shall also be available to animal control and law enforcement officers for inspection and copying

within normal business hours.

4-25-5. Purchaser remedies. - (a) A purchaser is entitled to relief from the seller after the purchase of

a dog if one of the following conditions occurs:

(1) Within twenty (20) days after the purchase of the dog, a licensed veterinarian states in writing that

the animal is suffering from or has died from an illness, disease or other defect adversely affecting the

animal's health and that this condition existed in the dog on or before delivery to the purchaser.

Intestinal or external parasites shall not be considered to adversely affect an animal's health unless their

presence makes the animal clinically ill.

(2) Within two (2) years after the purchase of the animal, a licensed veterinarian states in writing that

the animal possesses or has died from a congenital or hereditary condition adversely affecting the health

of the animal or that requires hospitalization or nonelective surgical procedures.

(b) A purchaser entitled to relief herein may elect only one of the following remedies:

(1) Return the animal to the seller for a full refund of the purchase price and also reimbursement for

reasonable veterinarian fees for diagnosis and treatment in an amount not to exceed the original

purchase price of the animal.

(2) Exchange the animal for another one which the purchaser may choose having comparable value if

a replacement is available and also receive reimbursement for reasonable veterinary fees for diagnosis

and treatment in an amount not to exceed the original purchase price of the animal; or

(3) Retain the animal and also receive reimbursement for reasonable veterinary fees for diagnosis and

treatment in an amount not to exceed the original purchase price of the animal.

(c) For purposes of this section, veterinary fees shall be deemed reasonable if the services rendered

are appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition. The

cost of such services shall be comparable to that charged for similar services by other Rhode Island

veterinarians. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.

(d) Refunds and payment of reimbursable expenses pursuant to this section shall be made by the

seller to the purchaser within ten (10) business days following receipt by seller of veterinarians

statement as per subsection 4-25-5(a) herein.

4-25-6. Purchaser's obligations. - In order for the purchaser to obtain remedies as per 4- 25-5 herein

he/she shall comply with all of the following requirements:

(1) Notify the seller in writing as soon as practicable, but in no event more than ten (10) days after

the diagnosis by a licensed veterinarian that the animal has a medical or health problem or congenital or

hereditary condition.

(A) The notice shall include the name and telephone number of the veterinarian providing the

diagnosis.

(2) In the case of illness or disease, the purchaser shall provide a written statement from a licensed

veterinarian within ten (10) days of diagnosis which states that the animal is clinically ill, suffers from a

congenital or hereditary condition, or has symptoms of a contagious infectious disease which existed on

or before delivery to the purchaser and that adversely affects the health of the animal.

(B) At the request of the seller, the purchaser shall take the animal for an examination by a licensed

veterinarian of the seller's choice.

(i) The seller shall pay for the cost of this veterinarian.

(ii) In the case of death, the seller may have his or her veterinarian perform a necropsy. The seller

will bear the cost.

(3) The statement of the veterinarian referred to herein shall include the following:

(i) The purchasers name and address.

(ii) The date or dates the animal was examined.

(iii) The breed and age of the animal, if known.

(iv) That the veterinarian examined the animal.

(v) That the animal has or had an illness or condition subject to a remedy under section 4- 25-5

herein.

(vi) The findings from the examination or necropsy including, but not limited to, laboratory results

and copies of said.

(vii) An itemized bill for fees appropriate for the diagnosis and treatment of the illness.

4-25-7. Limitations on remedies. - (a) Notwithstanding other provisions herein, no refund,

replacement or reimbursement of veterinary fees shall be made if any of the following conditions occur:

(1) The illness or death resulted from maltreatment or neglect or from an injury sustained or an

illness contracted subsequent to the delivery of the animal to the purchaser.

(2) The purchaser does not carry out the recommended treatment prescribed by the examining

veterinarian who made the initial diagnosis. If the cost for said treatment together with the veterinarians

fee for diagnosis exceeds the purchase price then this section does not apply.

(3) The illness disease or condition was disclosed at the time of sale pursuant to section 4-25-3 but

the purchaser took the delivery of the animal anyway.

(4) The purchaser failed to return to the seller all documents previously provided to the purchaser to

register the animal.

4-25-8. Contested cases. - (a) If the purchaser and seller are unable to reach an agreement within ten

(10) business days following an examination of the animal by the seller's chosen veterinarian, the

purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute.

(b) The purchaser in any legal action pursuant to this section shall have the right to collect reasonable

attorneys' fees and court costs if the opposing party acted in bad faith in denying the requested remedy.

4-25-9. Notice. - (a) Every seller pursuant to this chapter shall post in a conspicuous location a notice

stating that purchasers of animals have specific rights under law and that a written statement of such

rights is available upon request. Such notice shall be in one hundred (100) point type and shall read as

follows:

"Purchasers of dogs from this seller are entitled to specific rights under law. Purchasers must be

provided a written copy of such rights at the time of sale. Prospective purchasers may receive a copy of

such rights from the seller upon request."

(b) The required notice at the time of sale must be signed by the purchaser and seller and receipt

thereof must be acknowledged.

(c) If the seller represents that the animal is registered or registerable with a registry then at the time

of sale an additional written notice must be signed by seller and purchaser and must read as follows:

"A pedigree or a registration does not assure proper breeding condition, health quality or claims to

lineage."

(d) The seller shall provide the purchaser with all documents necessary for registration within one

hundred twenty (120) days following the date of sale.

(e) If the seller fails to provide the documents necessary for registration within one hundred twenty

(120) days from sale then the purchaser upon written notice to seller, shall be entitled to retain the

animal and receive a partial refund of seventy-five percent (75%) of the purchase price; or the purchaser

can return the animal and all documentation and receive a full refund.

(f) If the seller misrepresents the breed of the animal then the purchaser is entitled to all remedies

herein.

4-25-10. Other remedies. - (a) Nothing in this chapter limits any other rights or remedies available to

a consumer under law.

(b) A seller and purchaser may agree to additional terms and conditions so long as they are not

inconsistent with this chapter. The rights referred to in this chapter may not be waived.

SECTION 2. This act shall take effect upon passage.