Published by the animal welfare program
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§4152. Disclosure1. Required disclosure. A seller shall deliver to a purchaser of an animal a written disclosure containing the following: A. An animal history that includes: (1) For sellers licensed with the United States Department of Agriculture, the name, address and United States Department of Agriculture license number of the breeder and any broker who has had possession of the animal; For sellers licensed with the State, the name, address of the seller and the license number listed issued under section 3931-A, 3933 or 4163. [2009 AMD] (2) The date of the animal's birth; (3) The date the seller received the animal if the animal was not born on seller’s premises; [2009 AMD] (4) The breed, sex, color and identifying marks of the animal; If the breed is unknown or mixed, that fact must be stated; (5) The individual identifying tag, tattoo microchip identification or collar number; [2009 AMD] (6) For pure bred animals, that are advertised as eligible for registration, the name and registration number of the sire and dam, if available and the litter number; and [2009 AMD] (7) A record of inoculations, internal or external parasite treatments, medication or any veterinarian treatment received by the animal while in the possession of the breeder or dealer; [2007, c. 702, §23 (AMD).] B. A statement signed by the seller that the animal at time of delivery has no known health problem or a statement disclosing any known health problem. The statement must include the date at which the seller is aware that the animal was last seen by a veterinarian; [2007, c. 702, §23 (AMD).] C. A seller who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser with a notice stating that pedigree registration does not assure health or quality of an animal; and [2007, c. 702, §23 (AMD).] D. The seller shall indicate whether or not, to the seller's knowledge, the animal or its sire or dam is registered with, and whether the animal is certified by any organization that maintains a registry pertaining to congenital or hereditary problems and explain the meaning of these terms. [2007, c. 702, §23 (AMD).] 2. Optional disclosure. The seller may provide the purchaser with a list of congenital or hereditary problems that are known to affect the breed being purchased and a list of any health problems for which the seller does not warranty the animal. [ 2007, c. 702, §23 (AMD) .] 3. Disclosure procedures. The following disclosure procedures must be followed. A. The disclosure required by subsection 1 must be made part of the statement of consumer rights set forth in section 4160. [1995, c. 589, §1 (NEW).] B. The written disclosure made pursuant to this section must be signed by both the seller certifying the accuracy of the statement and by the purchaser of the animal acknowledging receipt of the statement. [2007, c. 702, §23 (AMD).] C. The seller shall make a prospective purchaser aware that the purchaser may see this information prior to purchase. [2007, c. 702, §23 (AMD).] 7 § 4152-A. Documents necessary for breed registration 1. Requirement to provide. A seller who states, promises or represents that an animal is registered or capable of registration with an animal pedigree organization shall provide the purchaser with the documents necessary for registration at the time of sale or within 90 days of the sale unless specified otherwise in a contractual agreement signed by the purchaser. 2. Process to acquire documentation. If the purchaser does not receive the necessary documents within the time period specified in subsection 1, the purchaser may send a written request for the documents to the seller via certified mail. Within 60 days of receiving the request, the seller must deliver the documents directly or send them by certified mail to the purchaser. 3. Failure to provide documentation; resolution. If the seller fails to provide the necessary documents in accordance with subsection 2, the purchaser is entitled to a partial refund of 50% of the purchase price. Upon payment of the refund, a seller is absolved of the requirement to provide the documents necessary for breed registration. Acceptance of the registration papers by the purchaser outside of the required time period waives the purchaser's right to a partial refund. [2009 NEW] 7 § 4153. Sale prohibitedNotwithstanding section 4152, a seller may not sell an animal that has any obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality or has any disease, illness or condition that requires hospitalization or nonelective surgical procedures. A seller may not sell a wolf hybrid. 7 § 4154. Records (REPEALED)7 § 4155. Rights of the purchaser1. Unfit for sale. If, within 10 days after receipt of the animal by the purchaser, a veterinarian states in writing that the animal has a health problem that existed in the animal at the time of delivery or if, within one year after receipt of the animal by the purchaser, a veterinarian states in writing that due to a hereditary or congenital defect the animal has died or has a condition that will shorten its life or will require constant treatment during its life, the animal is considered to have been unfit for sale at the time of sale. [ 1995, c. 589, §1 (NEW) .] 2. Death; remedies. When an animal dies due to a health problem that would have rendered the animal unfit for sale pursuant to subsection 1, and that health problem existed in the animal at the time of delivery to the purchaser but was not disclosed under the provisions of section 4152, the seller shall provide the purchaser with one of the following remedies selected by the purchaser: A. An animal of equal value, if available; or [1995, c. 589, §1 (NEW).] B. A refund of the full purchase price of the animal. [1995, c. 589, §1 (NEW).] [ 2007, c. 702, §25 (AMD) .] 3. Health problem; remedies. When an animal has a health problem that renders the animal unfit for sale pursuant to subsection 1, and that health problem existed in the animal at the time of delivery to the purchaser but was not disclosed under the provisions of section 4152, the seller shall provide the purchaser with one of the following remedies selected by the purchaser: A. Return of the animal to the seller for a refund of the full purchase price of the animal; [2007, c. 702, §26 (AMD).] B. Exchange of the animal for an animal of the purchaser's choice of equivalent value, providing a replacement is available; or [1995, c. 589, §1 (NEW).] C. Retainment of the animal and reimbursement for 1/2 of the reasonable veterinary fees not to exceed 1/2 of the original purchase price of the animal. [1995, c. 589, §1 (NEW).] [ 2007, c. 702, §26 (AMD) .] 4. Veterinary service; fees. The fee for veterinary service is reasonable if the service is appropriate for the diagnosis and treatment of the health problem and the fee for the service is comparable to fees charged by other veterinarians who are in proximity to the treating veterinarian. [ 1995, c. 589, §1 (NEW) .] 5. Sellers not exempt. Sellers may not, contractually or otherwise, exempt themselves from the remedies provided by this section for deaths or health problems caused by infectious, contagious, parasitic or communicable disease. [ 2007, c. 702, §27 (AMD) .] |