Authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer

Section two - Subdivision 1 of section 753 of the general business law, as amended by chapter 431 of the laws of 1985, and the opening paragraph as amended by chapter 68 of the laws of 1993, is amended to state one hundred eighty calendar days 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 or the presence of symptoms of a contagious or infectious disease, or if, within one hundred eighty calendar days a veterinarian certifies such animal to be unfit for purchase, a licensed veterinarian certifies that such animal is unfit for purchase due to a congenital malformation which adversely affects the health of the animal, 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. The costs of treatment for the animal's illness will be covered during the lifetime of the animal.

C. The right to retain the animal and provide reimbursement to the consumer for veterinary services from a licensed veterinarian of the consumer's choosing during the lifetime of such animal.

Section three - this act shall take effect on the thirtieth day after it 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 not 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 fanned 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

A new bill.

State and local fiscal implications

None.

Effective date

This law will take effect on the thirtieth day after being signed.