MS
This Law is actually entitled "Operation and Licensing of Pet Shops" so it does not apply to most hobby breeders. It does have provisions similar to the Puppy Lemon Laws of the other states, so it is included here.
Pros: does not effect most hobby breeders
Cons: does not effect back yard breeders, time period to find congenital problems too short.
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Applies to: pet shop licensee.·
Contagious or Infectious Disease: 14 days·
Congenital or Hereditary Defects: 14 days·
Failure to Produced Advertised Registration Papers: no·
Replacement: yes·
Refund: yes·
Reimbursement of Veterinary Expenses to Treat Dog: noBack
Most hobby breeders do not regard their activities as "for profit", but in the eyes of the law, they probably are. The only ones exempt by this definition would probably be SPCAs and Humane Societies.
Pros: reasonable period for finding congenital problems; very inclusive.
Cons: covering veterinary expenses for diagnostic tests might double to obligation for the seller.
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Applies to: pet dealer (any person engaged in the sale of animals for profit to the public).·
Contagious or Infectious Disease: 14 days·
Congenital or Hereditary Defects: 6 months·
Failure to Produced Advertised Registration Papers: yes within 120 days otherwise receive full refund or keep the dog and receive a refund of 75% of the purchase price.·
Replacement: yes plus the cost of veterinary fees to certify the dog as unfit for purchase.·
Refund: yes plus the cost of veterinary fees to certify the dog as unfit for purchase.·
Reimbursement of Veterinary Expenses to Treat Dog: yes, up to the purchase price of the dog.
Since the number of pet sales necessary to fall within the definition of a "pet dealer" is fairly low, a lot of hobby breeders in N.Y. will have to know this Law. This Law does apply to both cats and dogs.
Pros: effects only very active hobby breeders
Cons: covering veterinary expenses for diagnostic tests might double the obligation for the seller.
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Applies to: pet dealer (any one who engages in the sale of more than 9 animals per year).·
Contagious or Infectious Disease: 14 days·
Congenital or Hereditary Defects: 14 days·
Failure to Produced Advertised Registration Papers: no·
Replacement: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog.·
Refund: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog.·
Reimbursement of Veterinary Expenses to Treat Dog: yes, up to the purchase price of the dog.
The definition of a breeder here seems to eliminate backyard breeders, but active hobby breeders may be considered "for profit" in the eyes of the Law.
Pros: reasonable period for finding congenital defects.
Cons: obscure definition for "pet breeder", unclear to whom it applies.
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Applies to: pet dealer, shop or breeder (does not include a person who owns an animal which is occasionally bred or produces a litter from which animals are sold).·
Contagious or Infectious Disease: 14 days·
Congenital or Hereditary Defects: 6 months·
Failure to Produced Advertised Registration Papers: no·
Replacement: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to 50% of the purchase price.·
Refund: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to 50% of the purchase price.·
Reimbursement of Veterinary Expenses to Treat Dog: yes, up to 50% of the purchase price of the dog.
The Law is unclear to whom this Law applies. Effectively, it is being applied to anyone who sells a puppy. Several breeders in Virginia were unaware of the Law or were not sure if it applied to them. It is important to note that the Virginia Law only applies to dogs that are registered or are capable of being registered with any animal registry organization.
Pros: does not appear to apply to hobby breeders.
Cons: short period in which to find congenital or hereditary defects.
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Applies to: pet dealer·
Contagious or Infectious Disease: 10 days·
Congenital or Hereditary Defects: 10 days·
Failure to Produced Advertised Registration Papers: yes within 120 days otherwise receive full refund or keep the dog and receive a refund of 50% of the purchase price.·
Replacement: yes·
Refund: yes·
Reimbursement of Veterinary Expenses to Treat Dog: yes, up to 50% of the purchase price of the dog (beyond certifying the dog unfit for sale, no veterinary receipts for treatment required).
This Law also contains the provisions that require the seller to cover the costs of testing for defects. If a defect is found, the seller may be liable for double the purchase price of the dog.
Pros: reasonable period in which to find congenital or hereditary defects.
Cons: applies to everyone except backyard breeders.
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Applies to: pet dealer (any one who engages in the sale of more than 1 litter or 2 animals over six months of age per year).·
Contagious or Infectious Disease: 7 days·
Congenital or Hereditary Defects: 1 year·
Failure to Produced Advertised Registration Papers: no·
Replacement: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog.·
Refund: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog.·
Reimbursement of Veterinary Expenses to Treat Dog: yes, up to the purchase price of the dog.