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California's "puppy lemon" law


QUEENSLAND HEEL waiting for Adoption

xxPolanco-Lockyer Pet Breeder Warranty Act
April 13, 2008, 08:58:21 AM by Dave
This is the so-called puppy California law.

Here are some highlights from this law:


For purposes of this article, the separate sales
of dogs or cats from a single litter shall constitute only one sale
under Section 6019 of the Revenue and Taxation Code.
This definition
does not apply to breeders of dogs regulated pursuant to Article 1
(commencing with Section 122045) nor to any person, firm,
partnership, corporation, or other association, that breeds or rears
dogs on the premises of the person, firm, partnership, corporation,
or other association, that has sold, transferred, or given away fewer
than 50 dogs in the preceding year.


Selected highlights of Dealers Responsibility

(5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of
administration and the type of vaccine or worming treatment.
(6) A record of any veterinarian treatment or medication received
by the dog while in the possession of the pet dealer and either of
the following:
(A) A statement, signed by the pet dealer at the time of sale,
containing all of the following:
(i) The dog has no known disease or illness.
(ii) The dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of the sale or
that is likely to adversely affect the health of the dog in the
future.
(B) A record of any known disease, illness, and any congenital or
hereditary condition that adversely affects the health of the dog at
the time of sale, or is likely to adversely affect the health of the
dog in the future, along with a statement signed by a veterinarian
licensed in the State of California that authorizes the sale of the
dog, recommends necessary treatment, if any, and verifies that the
disease, illness, or condition does not require hospitalization or
nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future.
A veterinarian statement is, not required for intestinal or external
parasites unless their presence makes the dog clinically ill or is
likely to make the dog clinically ill.
The statement shall be valid  for seven days following examination
of the dog by the veterinarian.
(c) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve
or restore the health of the dog, to prevent the dog from
experiencing pain or discomfort, or to correct a condition that would
interfere with the dog's ability to walk, run, jump, or otherwise
function in a normal manner.
(d) For the purposes of this article, "clinically ill" means an
illness that is apparent to a veterinarian based on observation,
examination, or testing of the dog, or upon a review of the medical
records relating to the dog.
(e) A disclosure made pursuant to subdivision (b) shall be signed
by both the pet dealer certifying the accuracy of the statement, and
the purchaser of the dog acknowledging receipt of the statement.
In addition, all medical information required to be disclosed pursuant
to subdivision (b) shall be made orally to the purchaser.
(f) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health
of a dog at the time of sale or is likely to adversely affect the
health of the dog in the future shall be one that is apparent at the
time of sale or that should have been known by the pet dealer from
the history of veterinary treatment disclosed pursuant to this section.


Read the complete law, including penalties, here



Write Comment

Replies:

[1]
xx Re: Polanco-Lockyer Pet Breeder Warranty Act
Reply 1: April 13, 2008, 01:53:12 PM by minniesmom
At least its a start. Maybe people will realize it's a problem buying from pet stores.

xx Re: Polanco-Lockyer Pet Breeder Warranty Act
Reply 2: April 13, 2008, 07:48:04 PM by KivaLuver
They need to take this and make standard for anyone who wants to sell a dog.
[1]




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