Bill Text: MI SB0348 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Animals; dogs; sale of dogs and cats; create certain protections for purchasers. Amends title & sec. 1 of 1969 PA 287 (MCL 287.331) & adds sec. 5b.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2013-05-02 - Referred To Committee On Agriculture [SB0348 Detail]
Download: Michigan-2013-SB0348-Introduced.html
SENATE BILL No. 348
May 2, 2013, Introduced by Senators BIEDA, KOWALL, JONES, HOPGOOD, SMITH, JOHNSON, WARREN, ANDERSON and HOOD and referred to the Committee on Agriculture.
A bill to amend 1969 PA 287, entitled
"An act to regulate pet shops, animal control shelters, and animal
protection shelters; to establish uniform procedures and minimum
requirements for adoption of dogs, cats, and ferrets; and to
prescribe penalties and civil fines and to provide remedies,"
by amending the title and section 1 (MCL 287.331), as amended by
1997 PA 7, and by adding section 5b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate pet shops, animal control shelters, and
animal protection shelters; to establish uniform procedures and
minimum requirements for adoption of dogs, cats, and ferrets; to
regulate the sale of dogs and cats by certain persons; to provide
certain
protections for purchasers of dogs and cats; and to
prescribe penalties and civil fines; and to provide remedies.
Sec. 1. As used in this act:
(a) "Adoption" means a transfer of ownership, with or without
remuneration, of a dog, cat, or ferret from an animal control
shelter or animal protection shelter to an individual for the
purpose of being a companion animal for that individual. As used in
this subdivision, a companion animal includes but is not limited to
a dog that is used for hunting or as a guard dog.
(b) "Alteration" means a professional sterilization procedure
performed by a veterinarian that renders a dog, cat, or ferret
incapable of reproducing.
(c) "Altered", in reference to a dog, cat, or ferret, means
having undergone alteration.
(d)
"Animal" means a mammal. except Animal does not include
livestock as that term is defined in section 1 of 1937 PA 284, MCL
287.121, to
287.131, and or rodents.
(e) "Animal control shelter" means a facility operated by a
municipality for the impoundment and care of animals that are found
in the streets or at large, animals that are otherwise held due to
the violation of a municipal ordinance or state law, or animals
that are surrendered to the animal control shelter.
(f) "Animal protection shelter" means a facility operated by a
person, humane society, society for the prevention of cruelty to
animals, or any other nonprofit organization for the care of
homeless animals.
(g) "Breeder" means a person who breeds or raises dogs or cats
for sale to the public. Breeder does not include an animal control
shelter or an animal protection shelter.
(h) (g)
"Cat" means a domestic cat
animal of any age of the
species felis catus.
(i) (h)
"Department" means the
state department of agriculture
and rural development.
(j) (i)
"Director" means the
director of the department or his
or her authorized representative.
(k) (j)
"Dog" means a domestic dog
animal of any age of the
species canis familiaris.
(l) (k)
"Ferret" means an animal
of any age of the species
mustela furo.
(m) (l) "Health
certificate" means a certificate in a form
prescribed by the department in which a veterinarian attests to the
age, sex, breed, and description of an animal, and to the fact that
at the time of preparation of the certificate, the veterinarian
examined the animal and found the animal free from visual evidence
of communicable disease.
(n) (m)
"Municipality" means a
county, city, village, or
township.
(o) (n)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(p) "Pet dealer" means a person who for compensation buys or
sells dogs or cats. Pet dealer does not include an animal control
shelter or animal protection shelter.
(q) (o)
"Pet shop" means a place
where animals are sold or
offered for sale, exchange, or transfer.
(r) (p)
"Veterinarian" means a
person an individual licensed
to practice veterinary medicine under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 5b. (1) This section applies to all of the following:
(a) A pet shop that sells dogs or cats.
(b) A pet dealer.
(c) A breeder.
(d) A person other than an animal control shelter, animal
protection shelter, pet dealer, or pet shop who engages in the sale
of dogs or cats to the public for profit.
(e) A person other than an animal control shelter, animal
protection shelter, pet dealer, or pet shop who sells more than 1
litter of dogs or cats under 6 months of age or 2 dogs or cats over
6 months of age per year.
(2) A dog or cat is unfit for sale at the time of purchase if
any of the following occur:
(a) Within 10 days after a purchaser receives the dog or cat
from a person described in subsection (1), a veterinarian, after
examination of the dog or cat, provides a written diagnosis that
the dog or cat has symptoms of a contagious or infectious disease
or illness that existed in the dog or cat at the time the dog or
cat was received by the purchaser.
(b) Within 90 days after a purchaser receives the dog or cat
from a person described in subsection (1), a veterinarian, after
examination of the dog or cat, provides a written diagnosis that
the dog or cat died or is ill due to a hereditary or congenital
defect.
(3) If a dog or cat is unfit for sale at the time of purchase
as described in subsection (2), the person described in subsection
(1) that sold the dog or cat to the purchaser shall allow the
purchaser of the dog or cat to do any of the following within 10
business days after a written diagnosis by a veterinarian under
subsection (2):
(a) Return the dog or cat for a refund of the full purchase
price.
(b) If a replacement dog or cat is available, exchange the dog
or cat for another dog or cat of the purchaser's choice that is of
equal value.
(c) Retain the dog or cat and receive reimbursement for
reasonable veterinary fees. The reimbursement of reasonable
veterinary fees shall not exceed the original purchase price of the
dog or cat.
(d) If the dog or cat dies, receive another dog or cat of
equal value, if available, and receive reimbursement for reasonable
veterinary fees. The reimbursement of reasonable veterinary fees
shall not exceed the original purchase price of the dog or cat.
(e) If the dog or cat dies, receive a refund of the full
purchase price.
(4) A pet shop that sells dogs or cats or a pet dealer shall
deliver to each potential purchaser of a dog or cat all of the
following information:
(a) The name, address, and USDA license number of the breeder
of the dog or cat and any broker who has had possession of the dog
or cat before the pet shop or pet dealer.
(b) The date of the dog's or cat's birth.
(c) The date the pet shop or pet dealer received the dog or
cat.
(d) The breed, sex, color, and identifying marks of the dog or
cat.
(e) The individual identifying tag, tattoo, or collar number
of the dog or cat.
(f) The name and registration number of the sire and dam and
the litter number, if the dog or cat is a purebred dog or cat.
(g) The inoculations, worming treatments, and medication given
to the dog or cat while in possession of the pet shop or pet
dealer.
(h) A statement signed by an authorizing representative of the
pet shop or pet dealer that the dog or cat has no known health
problem, or a statement signed by the pet shop or pet dealer
disclosing any known health problem and a statement signed by a
veterinarian that recommends necessary treatment.
(5) This section does not limit the rights or remedies
otherwise available to the purchaser of a dog or cat under any
other law.
