STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

VIRGINIA (Agriculture, Horticulture And Food – Comprehensive Animal Laws – Animal Welfare) §3.1-796.70 Sale, etc., of unweaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty

1984

Requires dealers to provide dogs and cats with current vaccinations against contagious diseases (recommended for and appropriate to animal’s age and breed) at least 5 days before new owner takes possession. (Dogs = DHLPP and cats = FVRCP.)

Requires dealers to provide new owner with immunization history.

[See §3.1-796.67:2 for state’s responsibilities in enforcing this chapter.]

[See Animal Cruelty chapter for additional provisions under this statute.]

Class 3 Misdemeanor, a fine of not more than $500.00.

(Agriculture, Horticulture And Food – Comprehensive Animal Laws – Animal Welfare) §3.1-796.72 Misrepresentation of animal’s condition; penalties

1984

Prohibits:

· misrepresenting the physical condition of an animal at the animal’s sale, transfer or delivery; and

· selling, delivering or transferring the animal knowing that the animal has an infection, communicable disease, parasite, abnormality or physical defect that is not disclosed to the transferee.

Exception: Parasites in an agricultural animal (unless they make the animal clinically ill).

Exception as per §3.1-796.74: Vet hospitals and vet boarding.

Class 3 Misdemeanor, a fine of not more than $500.00.

(Agriculture, Horticulture And Food – Comprehensive Animal Laws –Sale Of Dogs And Cats By Dealers) §3.1-796.78 Sale without pet dealer's animal history certificate violation of Consumer Protection Act; contents of certificate

1984

Prohibits dealers from representing that a dog or cat is purebred and selling the animal and then failing to provide to the consumer an animal history certificate (when the consumer takes possession). The animal history certificate must contain:

· animal’s breed, sex, age, color and birth date;

· name and address of person from whom the dealer purchased the animal;

· breeder’s name and address;

· name and registration number of the sire and dam;

· if examined, the date on which the animal was examined by a vet;

· examining vet’s name, address and findings; and

· all vaccines administered (identity, quantity, and name and address of person administering).

Dealer must keep a copy of the certificate (signed by the consumer) for 1 year after the sale.

As per As per § 3.1-796.128, Class 4 Misdemeanor: Maximum fine of $250.

As per §3.1-796.79: Dealers who include false or misleading statements in the animal history certificate: Consumer Protection Act violation (§ 59.1-196 et seq.).

In any action brought under this chapter, if the court finds that a person has willfully engaged in an act or practice in violation of §59.1-200 the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $ 2,500 per violation. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200, and the alleged violator, after receipt of said notice, continues to engage in the act or practice.

Any person who willfully violates the terms of an assurance of voluntary compliance or an injunction issued under § 59.1-203 shall forfeit and pay to the Literary Fund a civil penalty of not more than $ 5,000 per violation. For purposes of this section, the circuit court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may petition for recovery of civil penalties.

In any action pursuant to subsection A or B and in addition to any other amount awarded, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty or penalties, costs, reasonable expenses incurred by the state or local agency in investigating and preparing the case not to exceed $ 1,000 per violation, and attorney's fees. Such civil penalty or penalties, costs, reasonable expenses, and attorney's fees shall be paid into the general fund of the Commonwealth or of the county, city, or town which such attorney represented.

(Agriculture, Horticulture And Food – Comprehensive Animal Laws –Sale Of Dogs And Cats By Dealers) §3.1-796.80 Consumer remedies for receipt of diseased animal upon certification by veterinarian

1984

N/A

Consumer entitled to remedy if, within 10 days after receipt of animal described as being purebred, a vet certifies the animal to be unfit for purchase due to illness, a congenital defect that is harmful to animal’s health, or symptoms of a contagious disease. The remedy is the:

· right to return animal and receive a refund of purchase price including tax; or

· right to return animal and receive an exchange animal (of equal value) of consumer’s choice.

The remedy must be made by the dealer within 10 business days after receipt of a signed vet certification.

(Agriculture, Horticulture And Food – Comprehensive Animal Laws –Sale Of Dogs And Cats By Dealers) §3.1-796.81 Written notice of consumer remedies required to be supplied by pet dealers

1984

Requires dealers to provide notice to a consumer of consumer remedies prior to the delivery of a dog or cat. The notice must be in a written contract, the animal history certificate or a separate document. The notice must be in a particular format. [See the statute for precise language of the notice.]

As per § 3.1-796.128, Class 4 Misdemeanor: Maximum fine of $250.

(Agriculture, Horticulture And Food – Comprehensive Animal Laws –Sale Of Dogs And Cats By Dealers) §3.1-796.82 Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness subsequent to sale

1984

Prohibits dealers from representing that a dog or cat is purebred and then failing to register the animal or provide consumer with registration documents within 120 days after the sale.

Exception:

· Intestinal parasites (unless animal is clinically ill due to them).

· Injury sustained or illness contracted subsequent to the consumer’s possession.

As per § 3.1-796.128, Class 4 Misdemeanor: Maximum fine of $250.

If dealer fails to register the animal or provide the necessary documents within 120 days, the consumer can:

· return the animal and receive a refund of purchase price plus tax; or

· retain the animal and receive maximum 50% refund of purchase price and tax.

The vet certification and statement must be presented to the dealer within 3 business days after receipt by the consumer. The certification/statement must include:

· name of owner;

· date of exam;

· breed, color, sex, and age;

· findings;

· that the vet certifies animal to be unfit for purchase; and

· date, name and address of the certifying vet.

Violation of Virginia Consumer Protection Act. [As per §59.1-200, violations are consumer fraud.]