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| Public Act 098-0593
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| SB0633 Enrolled | LRB098 04418 JWD 34446 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Animal Welfare Act is amended by changing |
Section 3.15 as follows:
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(225 ILCS 605/3.15) |
Sec. 3.15. Disclosures for dogs and cats being sold by pet |
shops. |
(a) Prior to the time of sale, every pet shop operator |
must, to the best of his or her knowledge, provide to the |
consumer the following information on any dog or cat being |
offered for sale: |
(1) The retail price of the dog or cat, including any |
additional fees or charges. |
(2) The breed, age, date of birth, sex, and color of |
the dog or cat. |
(3) The date and description of any inoculation or |
medical treatment that the dog or cat received while under |
the possession of the pet shop operator. |
(4) The name and business address of both the dog or |
cat breeder and the facility where the dog or cat was born. |
If the dog or cat breeder is located in the State, then the |
breeder's license number. If the dog or cat breeder also |
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holds a license issued by the United States Department of |
Agriculture, the breeder's federal license number. |
(5) (Blank). |
(6) If eligible for registration with a pedigree |
registry, then the name and registration numbers of the |
sire and dam and the address of the pedigree registry where |
the sire and dam are registered. |
(7) If the dog or cat was returned by a customer, then |
the date and reason for the return. |
(8) A copy of the pet shop's policy regarding |
warranties, refunds, or returns and an explanation of the |
remedy under subsections (f) through (m) of this Section in |
addition to any other remedies available at law. |
(9) The pet shop operator's license number issued by |
the Illinois Department of Agriculture. |
(b) The information required in subsection (a) shall be |
provided to the customer in written form by the pet shop |
operator and shall have an acknowledgement of disclosures form, |
which must be signed by the customer and the pet shop operator |
at the time of sale. The acknowledgement of disclosures form |
shall include the following: |
(1) A blank space for the dated signature and printed |
name of the pet shop operator, which shall be immediately |
beneath the following statement: "I hereby attest that all |
of the above information is true and correct to the best of |
my knowledge.". |
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(2) A blank space for the customer to sign and print |
his or her name and the date, which shall be immediately |
beneath the following statement: "I hereby attest that this |
disclosure was posted on or near the cage of the dog or cat |
for sale and that I have read all of the disclosures. I |
further understand that I am entitled to keep a signed copy |
of this disclosure.". |
(c) A copy of the disclosures and the signed |
acknowledgement of disclosures form shall be provided to the |
customer at the time of sale and the original copy shall be |
maintained by the pet shop operator for a period of 2 years |
from the date of sale. A copy of the pet store operator's |
policy regarding warranties, refunds, or returns shall be |
provided to the customer. |
(d) A pet shop operator shall post in a conspicuous place |
in writing on or near the cage of any dog or cat available for |
sale the information required by subsection (a) of this Section |
3.15.
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(e) If there is an outbreak of distemper, parvovirus, or |
any other contagious and potentially life-threatening disease, |
the pet shop operator shall notify the Department immediately |
upon becoming aware of the disease. If the Department issues a |
quarantine, the pet shop operator shall notify, in writing and |
within 2 business days of the quarantine, each customer who |
purchased a dog or cat during the 2-week period prior to the |
outbreak and quarantine. |
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(f) A customer who purchased a dog or cat from a pet shop |
is entitled to a remedy under this Section if: |
(1) within 21 days after the date of sale, a licensed |
veterinarian states in writing that at the time of sale (A) |
the dog or cat was unfit for purchase due to illness or |
disease, the presence of symptoms of a contagious or |
infectious disease, or obvious signs of severe parasitism |
that are extreme enough to influence the general health of |
the animal, excluding fleas or ticks, or (B) the dog or cat |
has died from a disease that existed in the dog or cat on |
or before the date of delivery to the customer; or |
(2) within one year after the date of sale, a licensed |
veterinarian states in writing that the dog or cat |
possesses a congenital or hereditary condition that |
adversely affects the health of the dog or cat or requires |
either hospitalization or a non-elective surgical |
procedure or has died of a congenital or hereditary |
condition.
Internal or external parasites may not be |
considered to adversely affect the health of the dog unless |
the presence of the parasites makes the dog or cat |
clinically ill.
The veterinarian's statement shall |
include: |
(A) the customer's name and address; |
(B) a statement that the veterinarian examined the |
dog or cat; |
(C) the date or dates that the dog or cat was |
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examined; |
(D) the breed and age of the dog or cat, if known; |
(E) a statement that the dog or cat has or had a |
disease, illness, or congenital or hereditary |
condition that is subject to remedy; and |
(F) the findings of the examination or necropsy, |
including any lab results or copies of the results. |
(g) A customer entitled to a remedy under subsection (f) of |
this Section may: |
(1) return the dog or cat to the pet shop for a full |
refund of the purchase price; |
(2) exchange the dog or cat for another dog or cat of |
comparable value chosen by the customer; |
(3) retain the dog or cat and be reimbursed for |
reasonable veterinary fees for diagnosis and treatment of |
the dog or cat, not to exceed the purchase price of the dog |
or cat; or |
(4) if the dog or cat is deceased, be reimbursed for |
the full purchase price of the dog or cat plus reasonable |
veterinary fees associated with the diagnosis and |
treatment of the dog or cat, not to exceed one 2 times the |
purchase price of the dog or cat. |
For the purposes of this subsection (g), veterinary fees |
shall be considered reasonable if (i) the services provided are |
appropriate for the diagnosis and treatment of the disease, |
illness, or congenital or hereditary condition and (ii) the |
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cost of the services is comparable to that charged for similar |
services by other licensed veterinarians located in close |
proximity to the treating veterinarian. |
(h) Unless the pet shop contests a reimbursement required |
under subsection (g) of this Section, the reimbursement shall |
be made to the customer no later than 10 business days after |
the pet shop operator receives the veterinarian's statement |
under subsection (f) of this Section. |
(i) To obtain a remedy under this Section, a customer |
shall: |
(1) notify the pet shop as soon as reasonably possible |
and not to exceed 3 business days after a diagnosis by a |
licensed veterinarian of a disease, illness, or congenital |
or hereditary condition of the dog or cat for which the |
customer is seeking a remedy; |
(2) provide to the pet shop a written statement |
provided for under subsection (f) of this Section by a |
licensed veterinarian within 5 business days after a |
diagnosis by the veterinarian; |
(3) upon request of the pet shop, take the dog or cat |
for an examination by a second licensed veterinarian; the |
customer may either choose the second licensed |
veterinarian or allow the pet shop to choose the second |
veterinarian, if the pet shop agrees to do so. The party |
choosing the second veterinarian shall assume the cost of |
the resulting examination; and |
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(4) if the customer requests a reimbursement of |
veterinary fees, provide to the pet shop an itemized bill |
for the disease, illness, or congenital or hereditary |
condition of the dog or cat for which the customer is |
seeking a remedy. |
(j) A customer is not entitled to a remedy under this |
Section if: |
(1) the illness or death resulted from: (A) |
maltreatment or neglect by the customer; (B) an injury |
sustained after the delivery of the dog or cat to the |
customer; or (C) an illness or disease contracted after the |
delivery of the dog or cat to the customer; |
(2) the customer does not carry out the recommended |
treatment prescribed by the veterinarian who made the |
diagnosis; or |
(3) the customer does not return to the pet shop all |
documents provided to register the dog or cat, unless the |
documents have already been sent to the registry |
organization. |
(k) A pet shop may contest a remedy under this Section by |
having the dog or cat examined by a second licensed |
veterinarian pursuant to paragraph (3) of subsection (i) of |
this Section if the dog or cat is still living. If the dog or |
cat is deceased, the pet shop may choose to have the second |
veterinarian review any records provided by the veterinarian |
who examined or treated the dog or cat for the customer before |
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its death. |
If the customer and the pet shop have not reached an |
agreement within 10 business days after the examination of the |
medical records and the dog or cat, if alive, or the dog's or |
cat's medical records, if deceased, by the second veterinarian, |
then: |
(1) the customer may bring suit in a court of competent |
jurisdiction to resolve the dispute; or |
(2) if the customer and the pet shop agree in writing, |
the parties may submit the dispute to binding arbitration. |
If the court or arbiter finds that either party acted in |
bad faith in seeking or denying the requested remedy, then the |
offending party may be required to pay reasonable attorney's |
fees and court costs of the adverse party. |
(l) This Section shall not apply to any adoption of dogs or |
cats, including those in which a pet shop or other organization |
rents or donates space to facilitate the adoption. |
(m) If a pet shop offers its own warranty on a pet, a |
customer may choose to waive the remedies provided under |
subsection (f) of this Section in favor of choosing the |
warranty provided by the pet shop. If a customer waives the |
rights provided by subsection (f), the only remedies available |
to the customer are those provided by the pet shop's warranty. |
For the statement to be an effective waiver of the customer's |
right to refund or exchange the animal under subsection (f), |
the pet shop must provide, in writing, a statement of the |
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remedy under subsection (f) that the customer is waiving as |
well as a written copy of the pet shop's warranty. For the |
statement to be an effective waiver of the customer's right to |
refund or exchange the animal under subsection (f), it shall be |
substantially similar to the following language: |
"I have agreed to accept the warranty provided by the |
pet shop in lieu of the remedies under subsection (f) of |
Section 3.15 of the Animal Welfare Act. I have received a |
copy of the pet shop's warranty and a statement of the |
remedies provided under subsection (f) of Section 3.15 of |
the Animal Welfare Act. This is a waiver pursuant to |
subsection (m) of Section 3.15 of the Animal Welfare Act |
whereby I, the customer, relinquish any and all right to |
return the animal for congenital and hereditary disorders |
provided by subsection (f) of Section 3.15 of the Animal |
Welfare Act. I agree that my exclusive remedy is the |
warranty provided by the pet shop at the time of sale.". |
(Source: P.A. 98-509, eff. 1-1-14.)
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