What's happening
This bill, "Charlemagne's law," extends consumer protections for buyers of sick or congenitally unhealthy dogs and cats from pet dealers.
Why it matters
Doubles the consumer protection period. for identifying illness or contagious disease in purchased dogs and cats from 14 to 30 days, giving buyers more time to discover health issues and seek remedies.
Expands the reimbursement timeframe for congenital issues. , allowing consumers to claim for illnesses caused by congenital malformations up to 180 days after purchase—addressing conditions that may not be immediately apparent.
Removes the cap on veterinary reimbursement for treatment. , meaning buyers can seek reimbursement for reasonable veterinary care costs to cure or attempt to cure the animal during its lifetime, not just up to the purchase price—potentially reducing financial risk for buyers of sick pets.
Aims to increase transparency and accountability. by requiring more detailed documentation from both veterinarians and pet dealers, helping consumers better understand the health and treatment costs associated with their pets.
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Who cares
Headline styles
Pet Buyer Vet Reimbursement
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.414
- Referred to consumer protection
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.251
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Refund for Sick Pets
In Assembly Committee · Consumer Affairs And Protection · Sponsor Matthew Titone
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1902
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Charlemagne's law".
§ 2. Subdivision 1 of section 753 of the general business law, as amended by chapter 251 of the laws of 2013, is amended to read as follows:
1. If, within [fourteen business days] thirty days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty-four of this article, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state certifies such 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 following such sale or receipt, whichever occurred last, a licensed veterinarian certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the health of the animal, 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 pursuant to this section;
(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 pursuant to this section; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00216-01-7
S. 1902 2
(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 during the lifetime of such 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 the treating veterinarian. 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 pursuant to this section.
The commissioner by regulations shall prescribe a form for, and the content of, the certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal which is subject to the provisions of this section. Such form shall include, but not be limited to, information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in section seven hundred fifty-four of this article.
The commissioner by regulations shall prescribe information which shall be provided in writing by the pet dealer to the consumer upon the sale of the animal. Such information shall include, but not be limited to, a description, including breed of the animal, the date of purchase, the name, address and telephone number of the consumer, and the amount of the purchase. The pet dealer shall certify such information by signing the document in which it is contained.
§ 3. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 malfor- mation, or symptoms of a contagious or infectious disease
Purpose
This legislation is intended to protect and empower consumers from the harmful effects of animals sold from "Puppy Mills" and "Kitten Facto- ries" who turn out to be unfit for purchase by reason of illness, contagious/infectious disease and/or congenital malformation.
Summary of provisions
This legislation updates related provisions of the original "Charlemagne's Law" (Chapter 110 of 2012) as modified by Chapter 251 of the laws of 2013 to accomplish two things:
Allow consumers to have 30 days (as opposed to 14 business days) to have an animal evaluated by a veterinarian and potentially certified as unfit for purchase due to illness or the presence of symptoms of a contagious/infectious disease.
Upon a finding of unfitness, allowing consumers the right to have the pet dealer reimburse the cost of curing/attempting to cure the animal during its entire lifetime. The original statue is silent on how long costs associated with cures and attempted cures must be reimbursed by dealers in the event a consumer wishes to keep the pet.
Justification
Puppy Mills (and related Kitten Factories) are large-scale commercial breeding facilities that sell primarily to retail pet shops or individ- ual 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-fed 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 (AWA) 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 cultivated 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 these health issues can have conditions that require numerous veterinary bills. In other cases, animals have underlying 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
2016: Reported by Consumer Protection/ 3rd Reading Calendar. 2017: Reported by Consumer Protection/ 3rd Reading Calendar.
Fiscal implications
None to the State.
Effective date
This law will take effect on the thirtieth day after being signed.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.