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Puppy Lemon Law Petitions

New York
New York Puppy Lemon Law
Written by Pet Lover   

Source:http://law.justia.com/newyork/codes/general-business/gbs0753-a_753-a.html

 §  753-a.  Veterinarian  examination.  1. Within five business days of
receipt, but prior to the sale of any dog, the pet dealer shall have a
duly licensed veterinarian conduct an examination and tests appropriate
to the breed and age to determine if the animal has any medical
conditions apparent at the time of the examination that adversely affect
the health of the animal. For animals eighteen months of age or older,
such examination shall include a diagnosis of any congenital conditions
that adversely affect the health of the animal. Any animal found to be
afflicted with a contagious disease shall be treated and caged
separately from healthy animals.
2. All animals shall be inoculated as required by state or local law.
Veterinary care appropriate to the species shall be provided without
undue delay when necessary. Each animal shall be observed each day by
the pet dealer or by a person working under the pet dealer's
supervision.
3. No pet dealer shall knowingly sell any animal eighteen months of
age or older that has a diagnosed congenital condition that adversely
affects the health of the animal without first informing the consumer,
in writing, of such condition.
§ 753-b. Information statement for purchaser. Every pet dealer shall
deliver to the purchaser of an animal, at the time of sale, a written
statement in a standardized form prescribed by the commissioner of
agriculture and markets containing the following information:
1. For cats:
(a) The breeder's name and address, if known, or, if not known, the
source of the cat. If the person from whom the cat was obtained is a
dealer licensed by the United States department of agriculture, the
person's name, address, and federal identification number;
(b) The date of the cat's birth, unless unknown because of the source
of the cat, the date the pet dealer received the cat, and the location
where the cat was received;
(c) A record of immunizations and worming treatments administered, if
any, to the cat as of the time of sale while the cat was in the
possession of the pet dealer, including the dates of administration and
the type of vaccines or worming treatments administered;
(d) A record of any known disease, sickness, or congenital condition
that adversely affects the health of the cat at the time of sale;
(e) A record of any veterinary treatment or medication received by the
cat while in the possession of the pet dealer and either of the
following:
(i) A statement, signed by the pet dealer at the time of sale,
indicating all of the following: (1) The cat has no known disease or
illness; (2) The cat has no known congenital or hereditary condition
that adversely affects the health of the cat at the time of sale; or
(ii) A record of any known congenital or hereditary condition,
disease, or illness that adversely affects the health of the cat at the
time of sale, along with a statement signed by a licensed veterinarian
that authorizes the sale of the cat, recommends necessary treatment, if
any, and verifies that the condition, disease or illness does not
require hospitalization or nonelective surgical procedures, and is not
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 cat clinically ill or
is likely to make the cat clinically ill. The statement shall be valid
for fourteen business days following examination of the cat by the
veterinarian.
2. For dogs:
(a) The breeder's name and address, if known, or if not known, the
source of the dog. If the person from whom the dog was obtained is a
dealer licensed by the United States department of agriculture, the
person's name, address, and federal identification number;
(b) The date of the dog's birth and the date the pet dealer received
the dog. If the dog is not advertised or sold as a purebred, registered
or registrable, the date of birth may be approximated if not known by
the seller;
(c) The breed, sex, color and identifying marks at the time of sale.
If the dog is from a United States department of agriculture licensed
source, the individual identifying tag, tattoo, or collar number for
that animal. If the breed is unknown or mixed, the record shall so
indicate. If the dog is being sold as being capable of registration, the
names and registration numbers of the sire and dam, and the litter
number, if known;
(d) A record of inoculations and worming treatments administered, if
any, to the dog as of the time of sale while the dog was in the
possession of the pet dealer, including dates of administration and the
type of vaccines and/or worming treatments administered;
(e) A record of any veterinary treatment or medication received by the
dog while in the possession of the pet dealer and either of the
following:
(i) A statement, signed by the pet dealer at the time of sale,
indicating all of the following: (1) The dog has no known disease or
illness; (2) The dog has no known congenital or hereditary condition
that adversely affects the health of the dog at the time of the sale; or
(ii) A record of any known congenital or hereditary condition, disease
or illness that adversely affects the health of the dog at the time of
sale, along with a statement signed by a licensed veterinarian that
authorizes the sale of the dog, recommends necessary treatment, if any,
and verifies that the condition, disease, or illness does not require
hospitalization or nonelective surgical procedures, and is not 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 fourteen business days following examination of the dog by the
veterinarian.
3. A disclosure made pursuant to subdivision one or two of this
section shall be signed by both the pet dealer certifying the accuracy
of the statement and the purchaser acknowledging receipt of the
statement. At the time of sale, each pet dealer shall provide the
purchaser with information on the value of spaying and neutering of dogs
and cats.
4. Every pet dealer shall post conspicuously within close proximity to
the cages of dogs and cats offered for sale, a notice containing the
following language in one hundred-point type: "Information on the source
of these dogs and cats and the veterinary treatments received by these
dogs and cats is available for review by prospective purchasers."

dogs and cats is available for review by prospective purchasers."

dogs and cats is available for review by prospective purchasers."

 
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