New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter E - Sale of Dogs and Cats › Part 81 - Sale Of Dogs And Cats › Section 81.4 - Notice of rights

Current through Register Vol. 46, No. 28, July 10, 2024
Every pet dealer who sells a dog or a cat to a consumer
					 shall provide the consumer at the time of sale with the following written
					 notice, printed or typed, setting forth the rights provided under article 35-B
					 of the General Business Law. If such notice is contained in a written contract,
					 it shall be in 10-point boldface type.
NOTICE
Article 35-B of the General Business Law, hereinafter
					 referred to as "the law," sets forth certain rights which arise when a consumer
					 purchases a dog or a cat from a pet dealer. Pursuant to the law, the
					 Commissioner of Agriculture and Markets has promulgated regulations which
					 require a pet dealer to provide certain information to a consumer in writing
					 upon the sale of an animal. Such information shall include a description,
					 including the breed of the animal, the date of purchase, the name, address and
					 telephone number of the consumer and the pet dealer and the amount of the
					 purchase. The pet dealer shall certify such information by signing and dating
					 the document in which it is contained.
The law further provides that if, within 14 days following
					 the sale of a dog or a cat, a veterinarian of the consumer's choosing, licensed
					 by a state certifies such animal to be unfit for purchase due to illness, a
					 congenital malformation which adversely affects the health of the animal, or
					 the presence of symptoms of a contagious or infectious disease, the pet dealer
					 shall afford the consumer the right to choose one of the following
					 options:
(a) the right to return the
				  animal and receive a refund of the purchase price, including sales tax and
				  reasonable veterinary costs directly related to the veterinarian's
				  certification that the animal is unfit for purchase;
(b) the right to return the animal and to
				  receive an exchange animal of the consumer's choice of equivalent value and
				  reasonable veterinary costs directly related to the veterinarian's
				  certification that the animal is unfit for purchase; or
(c) the right to retain the animal and to
				  receive reimbursement from a pet dealer for veterinary services from a licensed
				  veterinarian of the consumer's choosing, for the purpose of curing or
				  attempting to cure the animal. The reasonable value of reimbursable services
				  rendered to cure or attempting to cure the animal shall not exceed the purchase
				  price of the animal. The value of such services is reasonable if comparable to
				  the value of similar services rendered by other licensed veterinarians in
				  proximity to treating veterinarians. Such reimbursement shall not include the
				  costs of initial veterinary examination, fees and diagnostic fees not directly
				  related to the veterinarian's certification that the animal is unfit for
				  purchase.
The law requires that any refund and/or reimbursement
					 required shall be made by a pet dealer not later than 10 business days
					 following receipt of a signed veterinary certificate as herein required. Such
					 certification shall be presented to the pet dealer not later than three
					 business days following receipt thereof by the consumer.
The Commissioner of Agriculture and Markets has prescribed
					 a form for the certification that an animal is unfit for purchase which shall
					 be provided to a consumer by an examining veterinarian upon the examination of
					 a dog or cat subject to the law. That form includes information which
					 identifies the type of animal, the owner, the date and diagnosis of the animal,
					 the treatment recommended, if any, and an estimate of the actual cost of such
					 treatment. Such form also includes this notice.
The law provides that a veterinary finding of intestinal
					 parasites shall not be grounds for declaring the dog or cat unfit for sale
					 unless the animal is clinically ill due to such condition. An animal may not be
					 found unfit for sale on account of an injury sustained or illness contracted
					 subsequent to the consumer taking possession thereof.
The law provides that if a pet dealer wishes to contest a
					 demand for a refund, exchange or reimbursement made by a consumer such dealer
					 shall have the right to require the consumer to produce the animal for
					 examination by a licensed veterinarian designated by such dealer. Upon
					 examination if the consumer and the dealer are unable to reach an agreement
					 which constitutes one of the options set forth in the law within 10 business
					 days following receipt of the animal for such examination, the consumer may
					 initiate an action in a court of competent jurisdiction to recover or obtain
					 such refund, exchange and/or reimbursement. Nothing in section 742  of the General Business Law, however, in
					 any way limits the rights or remedies which are otherwise available to
					 consumers under any other law.
For the purposes of the law,
consumer
means an individual purchasing a dog or a cat from a pet dealer. A pet dealer
					 shall not be considered a consumer.
Pet dealer
means any
					 person, firm, partnership, corporation or other association which in the
					 ordinary course of business engages in the sale of more than one litter of dogs
					 or cats per year for profit to the public. Such definition includes breeders of
					 animals who sell animals directly to a consumer but does not include duly
					 incorporated humane societies dedicated to the care of unwanted animals which
					 make such animals available for adoption whether or not a fee for such adoption
					 is charged.