Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 309 - DOG PURCHASER PROTECTION › Section 309.2 - Notice to be posted

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				seller to whom this chapter applies shall keep posted at all times the
				following notice, in the following form:
Public Notice
This notice shall be conspicuously posted in the place of
				  business of persons subject to this section as enforced by the Pennsylvania
				  Office of Attorney General. This disclosure of rights is a summary of
				  Pennsylvania law. A written notice setting forth the rights provided under
				  Section 9.3 of the Unfair Trade Practices
				  and Consumer Protection Law shall be provided to you at the time of the sale. A
				  civil penalty of up to $1,000 shall be levied for each violation in addition to
				  any other penalty under this law.
(1)
				A seller shall provide you with a health record for the dog at the time of
				sale. The health record must contain information as required by the law
				(73
				P. S. §
											201-9.3(a)(1)).
(2) The seller shall provide a health
				certificate issued by a veterinarian within 21 days prior to the date of sale
				or a guarantee of good health issued and signed by the seller. The health
				certificate and the guarantee of good health must contain information as
				required by the law.
				73
				P. S. §
											201-9.3(a)(2)(i);
				73 P. S. §
				201-9.3(a)(2)(ii).
(3) To preserve
				your rights under the law, you must take your newly purchased dog to a licensed
				veterinarian for examination within 10 days of purchase. If a veterinarian
				determines, within 10 days of purchase, that your dog is clinically ill or has
				died from an injury sustained or illness likely to have been contracted on or
				before the date of sale and delivery, you have the following options:
(i) Return the dog for a complete
				refund;
(ii) Return the dog for a
				replacement dog of equal value; or
(iii) Retain the dog and receive
				reimbursement for reasonable veterinary fees, not exceeding the purchase price.
				These options do not apply where a seller, who has provided a health
				certificate issued by a veterinarian, discloses in writing at the time of sale
				the health problem for which the buyer later seeks to return the dog.
(4) If, within 30 days of
				purchase, a licensed veterinarian determines that your dog has a congenital or
				hereditary defect which adversely affects the animal's health or that your dog
				died from a congenital or hereditary defect, you have the same options as
				outlined in section 3 (above).
(5)
				Within 2 business days of a veterinarian's certification of your dog's illness,
				defect or death, you must notify, in writing, the seller of the name, address
				and telephone number of the examining veterinarian. Such notice shall be
				effective upon depositing the same in the United States mail or upon other
				service which provides the seller the required information. Failure to notify
				the seller within 2 business days will result in forfeiture of
				rights.
(6) Refunds or
				reimbursements shall be made no later than 14 days after the seller receives
				the veterinarian certification. Veterinarian certification shall be presented
				to the seller not later than 5 days after you receive it.
(7) Registerable Dogs-If the seller does not
				provide within 120 days all documentation to effect registration, you may
				exercise one of the following options:
(i)
				Return the dog and receive a full refund of the purchase price; or
(ii) Retain the dog and receive a 50% refund
				of the purchase price.
(8) If registerable, the seller shall provide
				at the time of sale: the breeder's name and address, the name and registration
				number of the dam and sire, and the name and address of the pedigree registry
				organization where the dam and sire are registered.
For further information concerning your rights under section
				  9.3 of the Unfair Trade Practices
				  and Consumer Protection Law, contact: Pennsylvania Office of Attorney General,
				  Consumer Protection Hotline (800) 441-2555,
www.attorneygeneral.gov
.