Public Act 098-0509

SB1639 Enrolled LRB098 08812 MGM 38938 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing

Section 3.15 as follows:

(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 details 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

holds a license issued by the United States Department of

Agriculture, the breeder's federal license identification

number.

(5) (Blank). Any known congenital or hereditary

diseases of the parents of the dog or cat, or the parents'

other offspring.

(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) The following written statement: "A copy of the pet

shop's our policy regarding warranties, refunds, or

returns is available upon request." 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.".

(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.

(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.

(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

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 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

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

(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

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

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. 96-1470, eff. 1-1-11.)