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PAG LIN
1 1 Section 1. NEW SECTION. 552B.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Defect" means a disease, illness, or congenital or
1 5 hereditary condition which impairs the health or function of a
1 6 pet, if the defect is apparent at the time of sale, or should
1 7 be apparent at the time of the sale, from the veterinary
1 8 history of the pet.
1 9 2. "Pet" means a dog, wholly or in part of the species
1 10 canis familiaris, or a cat, wholly or in part of the species
1 11 felis domesticus.
1 12 3. "Pet breeder" means any person engaged in the business
1 13 of breeding pets for sale on a retail basis or resale.
1 14 4. "Pet broker" means a person engaged in the business of
1 15 selling pets for resale.
1 16 5. "Pet dealer" means a person engaged in the business of
1 17 selling pets on a retail basis. However, a pet dealer does
1 18 not include any of the following:
1 19 a. A person who receives less than five hundred dollars
1 20 from the sale of pets on a retail basis during a twelve-month
1 21 period.
1 22 b. A person who sells less than six pets on a retail basis
1 23 during a twelve-month period.
1 24 c. A pound or animal shelter as defined in section 162.2.
1 25 6. "Reasonable veterinary fees" means fees charged by an
1 26 attending veterinarian for the examination or testing for, or
1 27 the diagnosis of a defect in a pet or prescribing any related
1 28 treatment required to correct or alleviate the defect or
1 29 suffering caused by the defect, if the cost of the service is
1 30 comparable to that of a similar service.
1 31 7. "Registration documents" means documents which are
1 32 required by an animal pedigree organization to prove that a
1 33 pet is eligible to be registered with the organization as
1 34 belonging to a specific breed type.
1 35 8. "Retail purchaser" means a person who is sold a pet on
2 1 a retail basis by a pet dealer.
2 2 9. "Sale" means any commercial transfer of a pet for
2 3 consideration, including a sale on a retail basis, resale,
2 4 exchange, barter, trade, or offer for sale on a retail basis,
2 5 resale, exchange, barter, or trade in any manner or by any
2 6 means.
2 7 10. "Sale on a retail basis" means the sale of a pet to a
2 8 person for personal use or as a gift to another person.
2 9 11. "Veterinarian" means a person licensed as a
2 10 veterinarian or the holder of a valid temporary permit issued
2 11 by the Iowa board of veterinary medicine pursuant to chapter
2 12 169.
2 13 Sec. 2. NEW SECTION. 552B.2 PURCHASE STATEMENTS.
2 14 A pet dealer shall provide the following purchase
2 15 statements to a retail purchaser at the time of sale:
2 16 1. a. Except as provided in paragraph "b", a printed
2 17 disclosure statement which provides all of the following:
2 18 (1) The name, address, and United States department of
2 19 agriculture license number of the pet breeder and any pet
2 20 broker who has had possession of the pet.
2 21 (2) The date of the pet's birth.
2 22 (3) The date the pet dealer received the pet.
2 23 (4) The breed type, sex, color, and identifying marks of
2 24 the pet.
2 25 (5) A tattoo, electronic identification device, or other
2 26 means which permanently identifies the pet.
2 27 (6) The name and registration number of the sire and dam.
2 28 (7) The litter number.
2 29 (8) A record of inoculations, worming treatments, and
2 30 medication received by the pet while in the possession of the
2 31 pet dealer.
2 32 (9) The date of a veterinary examination performed
2 33 pursuant to section 552B.5.
2 34 If information required to be provided in this paragraph
2 35 "a" is not available and cannot be determined by the pet
3 1 dealer, the disclosure statement shall state that the
3 2 information cannot be determined.
3 3 b. The disclosure required in paragraph "a" is not
3 4 required if the pet is of a mixed breed.
3 5 2. A health statement signed by the pet dealer verifying
3 6 all of the following:
3 7 a. Any known hereditary defect of a parent of the pet.
3 8 b. Either of the following:
3 9 (1) The pet has no known defect.
3 10 (2) A description of each of the pet's known defects and a
3 11 statement signed by a veterinarian that recommends necessary
3 12 treatment.
3 13 3. a. A written statement of rights, which shall be
3 14 signed by the retail purchaser prior to the sale. The notice
3 15 shall contain in sixteen point boldface type the following in
3 16 the same language that is used in the purchase contract:
3 17 STATEMENT OF RIGHTS:
3 18 THE RETAIL PURCHASE OF DOGS AND CATS
3 19 IOWA LAW PROVIDES SAFEGUARDS TO PROTECT PET PURCHASERS AND
3 20 PET DEALERS CONCERNING SALES OF PETS WITH SERIOUS HEALTH
3 21 CONDITIONS OR REPRESENTED AS ELIGIBLE FOR REGISTRATION WITH AN
3 22 ANIMAL PEDIGREE ORGANIZATION. ATTACHED IS A COPY OF IOWA CODE
3 23 CHAPTER 552B. BY SIGNING THIS DOCUMENT YOU ARE ACKNOWLEDGING
3 24 THAT YOU HAVE REVIEWED INFORMATION PROVIDED TO YOU REGARDING
3 25 THE PET FOR SALE AND UNDERSTAND YOUR RIGHTS AND THE
3 26 OBLIGATIONS OF THE PET DEALER UNDER STATE LAW.
3 27 b. A pet dealer shall maintain a copy of the statement of
3 28 rights delivered to the retail purchaser as part of the pet
3 29 dealer's business records for at least one year following the
3 30 sale.
3 31 Sec. 3. NEW SECTION. 552B.3 NOTICE TO RETAIL PURCHASERS.
3 32 A pet dealer shall post in a prominent location in the pet
3 33 dealer's place of business a sign containing a notice in at
3 34 least forty-eight point boldface type stating the following:
3 35 NOTICE: PURCHASERS OF DOGS AND CATS
4 1 WHEN PURCHASING A DOG OR CAT YOU ARE ENTITLED UNDER IOWA
4 2 LAW TO A DISCLOSURE STATEMENT, HEALTH STATEMENT, AND A
4 3 STATEMENT OF RIGHTS. MAKE SURE THAT YOU RECEIVE THIS
4 4 INFORMATION AT THE TIME OF PURCHASE.
4 5 Sec. 4. NEW SECTION. 552B.4 REGISTRATION DOCUMENTS.
4 6 1. If a pet dealer selling a pet to a retail purchaser
4 7 represents that the pet is eligible for registration with an
4 8 animal pedigree organization, the pet dealer shall deliver to
4 9 the retail purchaser all necessary registration documents for
4 10 the pet within ninety days following the payment of all
4 11 consideration to complete the sale.
4 12 2. A retail purchaser who does not receive registration
4 13 documents from the pet dealer as provided in this section may
4 14 demand a refund from the pet dealer.
4 15 a. The retail purchaser must make the demand within ninety
4 16 days following the last date in which the pet dealer was
4 17 required to deliver the registration documents.
4 18 b. The pet dealer is not required to comply with the
4 19 demand if the pet dealer provides the registration documents
4 20 to the retail purchaser. If the pet dealer fails to provide
4 21 the registration documents to the retail purchaser, the pet
4 22 dealer shall pay a refund as demanded by the retail purchaser.
4 23 The retail purchaser may demand one of the following refunds:
4 24 (1) Fifty percent of the sales payment, if the retail
4 25 purchaser elects to keep the pet.
4 26 (2) One hundred percent of the sales payment, if the
4 27 retail purchaser elects to return the pet with any
4 28 registration document provided to the retail purchaser.
4 29 3. A pet dealer shall not be responsible for delays in
4 30 registration which are the result of persons other than the
4 31 pet dealer.
4 32 Sec. 5. NEW SECTION. 552B.5 VETERINARY EXAMINATIONS
4 33 REQUIRED.
4 34 1. A pet broker shall not sell a pet to a pet dealer or
4 35 receive a pet for resale by the broker unless the pet has been
5 1 examined for defects by a veterinarian. The veterinarian used
5 2 by a pet broker shall not be the same veterinarian used by the
5 3 pet dealer. A veterinarian shall not be civilly liable for
5 4 failing to diagnose a defect, unless the failure is actuated
5 5 by malice or is grossly negligent.
5 6 2. a. Except as provided in paragraph "b", a pet must be
5 7 examined by a veterinarian at least thirty days before one of
5 8 the following occurs:
5 9 (1) A pet broker delivers the pet to a pet dealer.
5 10 (2) A pet dealer sells the pet to a retail purchaser. The
5 11 cost of the examination shall be paid by the pet dealer.
5 12 b. This subsection does not apply if the pet dealer is the
5 13 pet breeder of the pet.
5 14 Sec. 6. NEW SECTION. 552B.6 PETS UNFIT FOR SALE –
5 15 RIGHTS, PROCEDURES, AND AVAILABLE REMEDIES.
5 16 1. a. A pet shall be considered to be unfit for sale if
5 17 after a pet dealer transfers possession of the pet to a retail
5 18 purchaser, an examining veterinarian states in writing that
5 19 the pet has a defect which existed at the time the retail
5 20 purchaser took possession.
5 21 b. A retail purchaser may not demand a remedy under this
5 22 section if any of the following applies:
5 23 (1) A defect occurred subsequent to the pet dealer
5 24 relinquishing possession of the pet.
5 25 (2) A health statement provided to the retail purchaser
5 26 pursuant to section 552B.2 described the defect.
5 27 (3) The retail purchaser failed to carry out recommended
5 28 treatment described in a health statement provided to the
5 29 retail purchaser pursuant to section 552B.2.
5 30 2. If a pet declared unfit for sale has not died because
5 31 of a defect, the retail purchaser may demand one of the
5 32 following:
5 33 a. The return of the pet to the pet dealer for a refund of
5 34 the full purchase price.
5 35 b. The exchange of the pet for a pet of the retail
6 1 purchaser's choice of equivalent value, providing a
6 2 replacement is available, and reimbursement for reasonable
6 3 veterinary fees relating to the care of a defective pet.
6 4 However, the amount of reimbursement shall not exceed the
6 5 retail purchase price of the pet.
6 6 c. Reimbursement for reasonable veterinary fees relating
6 7 to the care of a defective pet. However, the amount of
6 8 reimbursement shall not exceed the retail purchase price of
6 9 the pet.
6 10 3. If the pet is declared unfit for sale because of a
6 11 defect, and has died because of a defect, the retail purchaser
6 12 may demand one of the following:
6 13 a. A refund of the full purchase price.
6 14 b. A pet of equal value, if available, and the
6 15 reimbursement for reasonable veterinary fees. However, the
6 16 amount of reimbursement shall not exceed the retail purchase
6 17 price of the pet.
6 18 4. If a retail purchaser claims that a pet is unfit for
6 19 sale all of the following shall apply:
6 20 a. The retail purchaser must discover the defect within
6 21 one year after the retail purchaser took possession of a pet
6 22 purchased from the pet dealer.
6 23 b. The retail purchaser must notify the pet dealer within
6 24 two business days of a diagnosis by a veterinarian confirming
6 25 the defect. The retail purchaser must provide the pet dealer
6 26 with the name and telephone number of the veterinarian and a
6 27 copy of the veterinarian's report concerning the diagnosis of
6 28 the defect. If the pet has died, the retail purchaser must
6 29 provide the pet dealer a written statement from a
6 30 veterinarian, indicating the pet died from a defect.
6 31 c. If the retail purchaser demands a full refund for a pet
6 32 which is not dead or demands a pet of equal value and payment
6 33 for reasonable veterinary fees, the retail purchaser must
6 34 return the pet to the pet dealer within two business days of a
6 35 diagnosis by a veterinarian confirming the defect.
7 1 d. Upon request by a pet dealer contesting a demand, the
7 2 retail purchaser must deliver the pet to a veterinarian
7 3 designated by the pet dealer for purposes of examination or
7 4 autopsy. The pet dealer shall pay the cost of the examination
7 5 or autopsy. If, according to the veterinarian's examination
7 6 or autopsy, a defect did not exist before the time when the
7 7 pet dealer transferred possession of the pet to the retail
7 8 purchaser, the pet dealer is not obligated to provide a remedy
7 9 under this section and may recover reasonable veterinary fees
7 10 from the retail purchaser.
7 11 Sec. 7. NEW SECTION. 552B.7 CIVIL CAUSE OF ACTION.
7 12 If a pet dealer does not provide a remedy to a retail
7 13 purchaser as specified in this chapter, the retail purchaser
7 14 may bring a civil action in district court for the remedies
7 15 provided in this section. In addition to any remedy awarded,
7 16 the court shall award the prevailing party the reasonable
7 17 costs of suit, including but not limited to reasonable court
7 18 costs and attorney fees, not to exceed five hundred dollars.
7 19 Sec. 8. NEW SECTION. 552B.8 PENALTIES.
7 20 1. A pet dealer who does any of the following is subject
7 21 to a civil penalty of not more than one thousand dollars:
7 22 a. Sells an animal without delivery of a purchase
7 23 statement in violation of section 552B.2.
7 24 b. Fails to maintain records of a notice of rights in
7 25 violation of section 552B.2.
7 26 c. Fails to post a notice informing retail purchasers of
7 27 their rights in violation of section 552B.3.
7 28 d. Fails to provide registration documents as required
7 29 pursuant to section 552B.4.
7 30 e. Receives an unexamined pet from a broker without a
7 31 veterinary examination or sells an unexamined pet to a retail
7 32 purchaser in violation of section 552B.5.
7 33 2. Civil penalties collected pursuant to this section
7 34 shall be deposited into the general fund of the state.
7 35 Sec. 9. NEW SECTION. 552B.9 EFFECT OF CHAPTER.
8 1 1. This chapter does not limit the rights or remedies
8 2 which are otherwise available to a person under any other law.
8 3 2. An agreement or contract which waives any rights or
8 4 obligations under this chapter shall be null and void and
8 5 shall be unenforceable. However, this section shall not
8 6 prohibit parties from settlement following a demand by a
8 7 retail purchaser as provided in this chapter.
8 8 EXPLANATION
8 9 This bill regulates the sale of dogs and cats by pet
8 10 dealers by establishing a new Code chapter designed to provide
8 11 purchasers with notice and remedies when a purchased pet has
8 12 some defect or is misrepresented during the sale. The bill
8 13 defines defect as a disease or illness, or a congenital or
8 14 hereditary condition which impairs the pet's health and
8 15 function. The defect must be apparent or should have been
8 16 apparent to the dealer at the time of the sale. The bill
8 17 provides that certain persons are not regulated as pet
8 18 dealers, even though they are engaged in the business of
8 19 selling dogs and cats. These include persons selling a
8 20 limited number of pets or who receive limited revenue from
8 21 their sale, pounds, and humane societies.
8 22 The bill provides that a pet dealer must provide three
8 23 types of statements to a purchaser. The first statement is a
8 24 disclosure form listing known facts about the pet, including
8 25 its breed, identifying information, and personal and medical
8 26 history. The second statement relates to the pet's health and
8 27 must be signed by a veterinarian. The third statement is a
8 28 printed notice of rights, which must be signed by the
8 29 purchaser prior to the sale. The notice contains language
8 30 designed to make the purchaser aware of legal rights and
8 31 obligations. The bill requires a pet dealer to maintain
8 32 copies of the notices of rights with the dealer's business
8 33 records. The pet dealer must also post a sign notifying
8 34 purchasers of their rights which must be prominently displayed
8 35 in the dealer's place of business.
9 1 According to the bill, if a pet dealer represents that the
9 2 pet is eligible for registration with an animal pedigree
9 3 organization, the pet dealer must deliver to the retail
9 4 purchaser registration documents within a limited time. If
9 5 the pet dealer fails to do this due to some fault of the
9 6 dealer, the purchaser may make a demand upon the dealer which
9 7 may require the dealer to deliver the documents or refund some
9 8 or all of the pet's purchase price to the purchaser.
9 9 The bill requires a pet dealer to provide for a veterinary
9 10 examination of the pet.
9 11 The bill contains a provision which provides a purchaser
9 12 with remedies if a purchased pet is found to be unfit for sale
9 13 after a veterinarian's examination. The pet must be found to
9 14 have had a defect which existed at the time the purchaser took
9 15 possession of the pet. No remedy is available if unfitness
9 16 was due to a defect caused by the purchaser or the purchaser
9 17 knew of the pet's condition from reading the purchase
9 18 statements. The bill places procedural requirements upon
9 19 making a demand, including time limits upon discovering the
9 20 condition and notifying the pet dealer. The bill also
9 21 requires the purchaser to provide proof of a defect namely by
9 22 providing a veterinarian's opinion or delivering the pet or
9 23 the pet's carcass for examination by the pet dealer or the
9 24 dealer's own veterinarian. If a pet's condition is proved,
9 25 the purchaser may return the pet for a refund, exchange the
9 26 pet for an equivalent pet, and be reimbursed for applicable
9 27 veterinarian services.
9 28 The bill grants the purchaser the right to take a claim to
9 29 court if the parties cannot otherwise settle the dispute. The
9 30 bill provides that the court must award the prevailing party
9 31 the reasonable costs of suit, including but not limited to
9 32 reasonable court costs and attorney fees, but not more than
9 33 $500.
9 34 Finally, the bill establishes a number of penalties
9 35 applicable to a pet dealer violating the bill's provisions.
10 1 The penalty is a civil rather than a criminal penalty, and
10 2 cannot exceed $1,000.
10 3 LSB 3324SV 77
10 4 da/cf/24.1
Text: SF02401 Text: SF02403 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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