Bill Text: VA SB228 | 2014 | Regular Session | Enrolled
Bill Title: Pet dealers; reimbursement of certain veterinary fees to consumer.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-03-31 - Governor: Acts of Assembly Chapter text (CHAP0448) [SB228 Detail]
Download: Virginia-2014-SB228-Enrolled.html
Be it enacted by the General Assembly of Virginia: 1. That §§3.2-6512, 3.2-6514, and 3.2-6515 of the Code of Virginia are amended and reenacted as follows: §3.2-6512. Sale without pet dealer's animal history certificate violation of Consumer Protection Act; contents of certificate. It shall be a violation of the Virginia Consumer Protection
Act (§59.1-196 et seq.) for any pet dealer to sell a dog or cat within the
Commonwealth stating, promising, or representing that the animal is
registered or capable of being registered with any animal pedigree registry
organization, without providing the consumer with a pet dealer's animal history
certificate at the time the consumer takes possession of the dog or cat. The
pet dealer's animal history certificate shall be signed by the pet dealer 1. The animal's breed, sex, age, color, and birth date; 2. The name and address of the person from whom the pet dealer purchased the animal; 3. The breeder's name and address; 4. The name and registration number of the animal's parents; 5. If the animal has been so examined, the date on which the animal has been examined by a licensed veterinarian, the name and address of such veterinarian, and a brief statement of any findings made; and 6. A statement of all vaccinations administered to the animal, including the identity and quantity of the vaccine, and the name and address of the person or licensed veterinarian administering or supervising the vaccinations. The information contained in the pet dealer's animal history certificate required herein shall be informative only, and the pet dealer shall not be responsible in any manner for the accuracy of such information unless he knows or has reason to know that such information is erroneous. A copy of the pet dealer's animal history certificate signed by the consumer shall be maintained by the pet dealer for a period of one year following the date of sale. A pet shop operating in the Commonwealth shall post in a conspicuous place on or near the cage of any dog or cat available for sale the breeder's name, city, state, and USDA license number. A pet shop or a USDA licensed dealer who advertises any dog or cat for sale in the Commonwealth, including by Internet advertisement, shall provide prior to the time of sale the breeder's name, city, state, and USDA license number. §3.2-6514. Consumer remedies for receipt of diseased animal upon certification by veterinarian. A. If, at any time within 10 days following receipt of an
animal 1. The right to return the animal or, in the case of an animal that has died, to present the veterinary certification, within three business days of certification and receive a refund of the purchase price including sales tax; or 2. The right to return the animal or, in the case of an
animal that has died, to present the veterinary certification, within three
business days of certification and to receive an exchange animal of
equivalent value from the dealer, subject to the choice of the consumer 3. In the case of an animal purchased from a pet shop or a USDA licensed dealer, the right to retain the animal and to receive the reimbursement of veterinary fees in an amount up to the purchase price of the animal, including sales tax and the cost of the veterinary certification, incurred up to the time the consumer notifies the pet dealer of the intent to keep the animal. Such notification shall occur within three business days of certification. Veterinary costs incurred by the consumer after such notification shall be the responsibility of the consumer. B. The refund or reimbursement required by §3.2-6515. Written notice of consumer remedies required to be supplied by pet dealers. A pet dealer shall give the notice hereinafter set forth in writing to a consumer prior to the delivery of a dog or cat. Such notice shall be embodied in a written contract, the pet dealer's animal history certificate, or a separate document and shall state in ten-point boldface type the following: "NOTICE The sale of In order to exercise these rights you must present a written veterinary certification that the animal is unfit to the pet dealer within three business days after receiving such certification. If the pet dealer has promised to register your animal or to provide the papers necessary therefor and fails to do so within 120 days following the date of contract, you are entitled to return the animal and receive a refund of the purchase price or to retain the animal and receive a refund of an amount not to exceed 50 percent of the purchase price." |