Authorizes a consumer to return, exchange or seek reimbursement for treatment for an unfit cat or dog within 6 months of the purchase of such animal from a pet dealer

4 Co-sponsors

• Eric Adams
• Kemp Hannon
• Suzi Oppenheimer
• Diane J. Savino

BILL NUMBER:S6093B

Title of bill

An act to amend the general business law, in relation to dogs and cats unfit for purchase due to illness, a congenital malformation, or symptoms of a contagious or infectious disease

Purpose

This legislation will protect consumers and their pets from the sale of "Puppy Mills."

Summary of provisions

Section one - states that this act shall be known and cited as "Charlemagne's Law".

Section two - amends Section 1. Subdivision 1 of section 753 of the general business law to state six months following the sale of an animal subject to this article or receipt of the written notice required by a veterinarian of the consumer's choosing, licensed by a state certifies an 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 injections disease the pet dealer will be responsible to either one of the following:

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 and the veterinarian's treatment of the animal for the conditionals that makes the animal unfit for purchase.

B.) The right to return the animal and 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 and for such veterinarian's treatment of the animal for the condition that makes the animal unfit for purchase.

The costs of treatment for the animal's illness will be covered during the lifetime of the animal.

Section three - this act shall take effect on the thirtieth day after is shall have become a law and shall apply to dogs and cats purchased from a pet dealer on or after such effective date.

Justification

Puppy mills are large-scale commercial breeding facilities that sell primarily to retail pet shops or individual consumers where dogs are bred solely for profit, with no concern for their physical health or psychological well-being. Most animals in these facilities are disease ridden and force-bred continuously.

The animals produced at puppy mills are often sold on the internet, in newspaper ads, through brokers, or through pet stores. Puppy mills are 110t covered under the 1966 federal Animal Welfare Act (A W A) and many of these facilities do not meet those minimal standards for animal care. At these puppy mills, animals receive minimal veterinary care, poor quality of food and water, lack of human interaction and overcrowded cages. In the worst puppy mills, after reaching a certain age, unwanted animals are euthanized.

For consumers who buy puppies or kittens farmed at pet mills, they sometimes find that the animal has health problems caused from over breeding and their pet dies within the first year of purchase. Those pets that survive from these health issues can have conditions that require numerous veterinary bills and/or have genetic problems that may not arise until many years later. These health conditions can bring emotional and financial burdens onto the pet owner, which may ultimately cause the pet to be given to a shelter or, worse, euthanized.

Legislative history

This is a new bill.

Fiscal implications

None to the state.

Effective date

This law will take effect on the thirtieth day after becoming law.