Text: SSB02122 Text: SSB02124 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 reasonably apparent at the time of the sale, from the 1 8 veterinary 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 diagnosing a defect in a pet or 1 27 prescribing any related treatment required to correct or 1 28 alleviate the defect or suffering caused by the defect, if the 1 29 cost of the service is comparable to that of a similar service 1 30 rendered by other veterinarians in geographic proximity to the 1 31 attending veterinarian. 1 32 7. "Registration documents" means documents which are 1 33 required by an animal pedigree organization to prove that a 1 34 pet is eligible to be registered with the organization as 1 35 belonging to a specific breed type. 2 1 8. "Retail purchaser" means a person who is sold a pet on 2 2 a retail basis by a pet dealer. 2 3 9. "Sale" means any commercial transfer of a pet for 2 4 consideration, including a sale on a retail basis, resale, 2 5 exchange, barter, trade, or offer for sale on a retail basis, 2 6 resale, exchange, barter, or trade in any manner or by any 2 7 means. 2 8 10. "Sale on a retail basis" means the sale of a pet to a 2 9 person for personal use or as a gift to another person. 2 10 11. "Veterinarian" means a person licensed as a 2 11 veterinarian or the holder of a valid temporary permit issued 2 12 by the Iowa board of veterinary medicine pursuant to chapter 2 13 169. 2 14 Sec. 2. NEW SECTION. 552B.2 PURCHASE STATEMENTS. 2 15 A pet dealer shall provide the following purchase 2 16 statements to a retail purchaser at the time of sale: 2 17 1. a. Except as provided in paragraph "b", a printed 2 18 disclosure statement which provides all of the following: 2 19 (1) The name, address, and United States department of 2 20 agriculture license number of the pet breeder and any pet 2 21 broker who has had possession of the pet. 2 22 (2) The date of the pet's birth. 2 23 (3) The date the pet dealer received the pet. 2 24 (4) The breed type, sex, color, and identifying marks of 2 25 the pet. 2 26 (5) A tag, tattoo, or collar number that identifies the 2 27 pet. 2 28 (6) The name and registration number of the sire and dam. 2 29 (7) The litter number. 2 30 (8) A record of inoculations, worming treatments, and 2 31 medication received by the pet while in the possession of the 2 32 pet dealer. 2 33 b. The disclosure required in paragraph "a" is not 2 34 required if all of the following apply: 2 35 (1) The pet is of mixed breed. 3 1 (2) The information is not available and cannot be 3 2 determined by the pet dealer. 3 3 2. A health statement signed by the pet dealer verifying 3 4 either of the following: 3 5 a. The pet has no known defect. 3 6 b. A description of each of the pet's known defects and a 3 7 statement signed by a veterinarian that recommends necessary 3 8 treatment. 3 9 3. a. A written statement of rights, which shall be 3 10 signed by the retail purchaser prior to the sale. The notice 3 11 shall contain in sixteen point boldface type the following in 3 12 the same language that is used in the purchase contract: 3 13 STATEMENT OF RIGHTS: 3 14 THE RETAIL PURCHASE OF DOGS AND CATS 3 15 THE SALE OF DOGS AND CATS IS SUBJECT TO CONSUMER PROTECTION 3 16 REGULATIONS. IOWA LAW PROVIDES SAFEGUARDS TO PROTECT PET 3 17 PURCHASERS AND PET DEALERS CONCERNING SALES OF PETS WITH 3 18 SERIOUS HEALTH CONDITIONS OR REPRESENTED AS ELIGIBLE FOR 3 19 REGISTRATION WITH AN ANIMAL PEDIGREE ORGANIZATION. ATTACHED 3 20 IS A COPY OF IOWA CODE CHAPTER 552B. BY SIGNING THIS DOCUMENT 3 21 YOU ARE ACKNOWLEDGING THAT YOU HAVE REVIEWED INFORMATION 3 22 PROVIDED TO YOU REGARDING THE PET FOR SALE AND UNDERSTAND THE 3 23 RIGHTS AND OBLIGATIONS AFFECTING YOU AND THE PET DEALER UNDER 3 24 STATE LAW. 3 25 b. A pet dealer shall maintain a copy of the statement of 3 26 rights delivered to the retail purchaser as part of the pet 3 27 dealer's business records for at least one year following the 3 28 sale. 3 29 Sec. 3. NEW SECTION. 552B.3 NOTICE TO RETAIL PURCHASERS. 3 30 A pet dealer shall post in a prominent location in the pet 3 31 dealer's place of business a sign containing a notice in at 3 32 least forty-eight point boldface type stating the following: 3 33 NOTICE: PURCHASERS OF DOGS AND CATS 3 34 WHEN PURCHASING A DOG OR CAT YOU ARE ENTITLED UNDER IOWA 3 35 LAW TO A STATEMENT OF RIGHTS. MAKE SURE THAT YOU RECEIVE THIS 4 1 STATEMENT AT THE TIME OF PURCHASE. 4 2 Sec. 4. NEW SECTION. 552B.4 REGISTRATION DOCUMENTS. 4 3 1. If a pet dealer selling a pet to a retail purchaser 4 4 represents that the pet is eligible for registration with an 4 5 animal pedigree organization, the pet dealer shall deliver to 4 6 the retail purchaser all necessary registration documents for 4 7 the pet within ninety days following the payment of all 4 8 consideration to complete the sale. 4 9 2. A retail purchaser who does not receive registration 4 10 documents from the pet dealer as provided in this section may 4 11 demand a refund from the pet dealer. 4 12 a. The retail purchaser must make the demand within ninety 4 13 days following the last date in which the pet dealer was 4 14 required to deliver the registration documents. 4 15 b. The pet dealer is not required to comply with the 4 16 demand if the pet dealer provides the registration documents 4 17 to the retail purchaser. If the pet dealer fails to provide 4 18 the registration documents to the retail purchaser, the pet 4 19 dealer shall pay a refund as demanded by the retail purchaser. 4 20 The retail purchaser may demand one of the following refunds: 4 21 (1) Fifty percent of the sales payment, if the retail 4 22 purchaser elects to keep the pet. 4 23 (2) One hundred percent of the sales payment, if the 4 24 retail purchaser elects to return the pet with any 4 25 registration document provided to the retail purchaser. 4 26 3. A pet dealer shall not be responsible for delays in 4 27 registration which are the result of persons other than the 4 28 pet dealer. 4 29 Sec. 5. NEW SECTION. 552B.5 VETERINARY EXAMINATIONS 4 30 REQUIRED. 4 31 1. A pet broker shall not sell a pet to a pet dealer or 4 32 receive a pet for resale by the broker unless the pet has been 4 33 examined for defects by a veterinarian. The veterinarian used 4 34 by a pet broker shall not be the same veterinarian used by the 4 35 pet dealer. 5 1 2. a. Except as provided in paragraph "b", a pet must be 5 2 examined by a veterinarian as follows: 5 3 (1) At least two days before a pet broker delivers the pet 5 4 to a pet dealer. 5 5 (2) At least four days before a pet dealer sells the pet 5 6 to a retail purchaser. The cost of the examination shall be 5 7 paid by the pet dealer. 5 8 b. This subsection does not apply if the pet dealer is the 5 9 pet breeder of the pet. 5 10 Sec. 6. NEW SECTION. 552B.6 PETS UNFIT FOR SALE 5 11 RIGHTS, PROCEDURES, AND AVAILABLE REMEDIES. 5 12 1. a. A pet shall be considered to be unfit for sale if 5 13 after a pet dealer transfers possession of the pet to a retail 5 14 purchaser, an examining veterinarian states in writing that 5 15 the pet has a defect which existed at the time the retail 5 16 purchaser took possession. 5 17 b. A retail purchaser may not demand a remedy under this 5 18 section if any of the following applies: 5 19 (1) A defect occurred subsequent to the pet dealer 5 20 relinquishing possession of the pet. 5 21 (2) A health statement provided to the retail purchaser 5 22 pursuant to section 552B.2 described the defect. 5 23 (3) The retail purchaser failed to carry out recommended 5 24 treatment described in a health statement provided to the 5 25 retail purchaser pursuant to section 552B.2. 5 26 2. If a pet declared unfit for sale has not died because 5 27 of a defect, the retail purchaser may demand one of the 5 28 following: 5 29 a. The return of the pet to the pet dealer for a refund of 5 30 the full purchase price. 5 31 b. The exchange of the pet for a pet of the retail 5 32 purchaser's choice of equivalent value, providing a 5 33 replacement is available, and reimbursement for reasonable 5 34 veterinary fees relating to the care of a defective pet. 5 35 However, the amount of reimbursement shall not exceed the 6 1 retail purchase price of the pet. 6 2 c. Reimbursement for reasonable veterinary fees relating 6 3 to the care of a defective pet. However, the amount of 6 4 reimbursement shall not exceed the retail purchase price of 6 5 the pet. 6 6 3. If the pet is declared unfit for sale because of a 6 7 defect, and has died because of a defect, the retail purchaser 6 8 may demand one of the following: 6 9 a. A refund of the full purchase price. 6 10 b. A pet of equal value, if available, and the 6 11 reimbursement for reasonable veterinary fees. However, the 6 12 amount of reimbursement shall not exceed the retail purchase 6 13 price of the pet. 6 14 4. If a retail purchaser claims that a pet is unfit for 6 15 sale all of the following shall apply: 6 16 a. The retail purchaser must discover the defect within 6 17 one year after the retail purchaser took possession of a pet 6 18 purchased from the pet dealer. 6 19 b. The retail purchaser must notify the pet dealer within 6 20 two business days of a diagnosis by a veterinarian confirming 6 21 the defect. The retail purchaser must provide the pet dealer 6 22 with the name and telephone number of the veterinarian and a 6 23 copy of the veterinarian's report concerning the diagnosis of 6 24 the defect. If the pet has died, the retail purchaser must 6 25 provide the pet dealer a written statement from a 6 26 veterinarian, indicating the pet died from a defect. 6 27 c. If the retail purchaser demands a full refund for a pet 6 28 which is not dead or demands a pet of equal value and payment 6 29 for reasonable veterinary fees, the retail purchaser must 6 30 return the pet to the pet dealer within two business days of a 6 31 diagnosis by a veterinarian confirming the defect. 6 32 d. Upon request by a pet dealer contesting a demand, the 6 33 retail purchaser must deliver the pet to a veterinarian 6 34 designated by the pet dealer for purposes of examination or 6 35 autopsy. The pet dealer shall pay the cost of the examination 7 1 or autopsy. If, according to the veterinarian's examination 7 2 or autopsy, a defect did not exist before the time when the 7 3 pet dealer transferred possession of the pet to the retail 7 4 purchaser, the pet dealer is not obligated to provide a remedy 7 5 under this section and may recover reasonable veterinary fees 7 6 from the retail purchaser. 7 7 Sec. 7. NEW SECTION. 552B.7 CIVIL CAUSE OF ACTION. 7 8 If a pet dealer does not provide a remedy to a retail 7 9 purchaser as specified in this chapter, the retail purchaser 7 10 may bring a civil action in district court for the remedies 7 11 provided in this section. In addition to any remedy awarded, 7 12 the court shall award the prevailing party the reasonable 7 13 costs of suit, including but not limited to reasonable court 7 14 costs and attorney fees, not to exceed five hundred dollars. 7 15 Sec. 8. NEW SECTION. 552B.8 PENALTIES. 7 16 1. A pet dealer who does any of the following is subject 7 17 to a civil penalty of not more than one thousand dollars: 7 18 a. Sells an animal without delivery of a purchase 7 19 statement in violation of section 552B.2. 7 20 b. Fails to maintain records of a notice of rights in 7 21 violation of section 552B.2. 7 22 c. Fails to post a notice informing retail purchasers of 7 23 their rights in violation of section 552B.3. 7 24 d. Fails to provide registration documents as required 7 25 pursuant to section 552B.4. 7 26 e. Receives an unexamined pet from a broker without a 7 27 veterinary examination or sells an unexamined pet to a retail 7 28 purchaser in violation of section 552B.5. 7 29 2. Civil penalties collected pursuant to this section 7 30 shall be deposited into the general fund of the state. 7 31 Sec. 9. NEW SECTION. 552B.9 EFFECT OF CHAPTER. 7 32 1. This chapter does not limit the rights or remedies 7 33 which are otherwise available to a person under any other law. 7 34 2. An agreement or contract which waives any rights or 7 35 obligations under this chapter shall be null and void and 8 1 shall be unenforceable. However, this section shall not 8 2 prohibit parties from settlement following a demand by a 8 3 retail purchaser as provided in this chapter. 8 4 EXPLANATION 8 5 This bill regulates the sale of dogs and cats by pet 8 6 dealers by establishing a new Code chapter designed to provide 8 7 purchasers with notice and remedies when a purchased pet has 8 8 some defect or is misrepresented during the sale. The bill 8 9 defines defect as a disease or illness, or a congenital or 8 10 hereditary condition which impairs the pet's health and 8 11 function. The defect must be apparent or should have been 8 12 apparent to the dealer at the time of the sale. The bill 8 13 provides that certain persons are not regulated as pet 8 14 dealers, even though they are engaged in the business of 8 15 selling dogs and cats. These include persons selling a 8 16 limited number of pets or who receive limited revenue from 8 17 their sale, pounds, and humane societies. 8 18 The bill provides that a pet dealer must provide three 8 19 types of statements to a purchaser. The first statement is a 8 20 disclosure form listing known facts about the pet, including 8 21 its breed, identifying information, and personal and medical 8 22 history. The second statement relates to the pets health and 8 23 must be signed by a veterinarian. The third statement is a 8 24 printed notice of rights, which must be signed by the 8 25 purchaser prior to the sale. The notice contains language 8 26 designed to make the purchaser aware of legal rights and 8 27 obligations. The bill requires a pet dealer to maintain 8 28 copies of the notices of rights with the dealer's business 8 29 records. The pet dealer must also post a sign notifying 8 30 purchasers of their rights which must be prominently displayed 8 31 in the dealer's place of business. 8 32 According to the bill, if a pet dealer represents that the 8 33 pet is eligible for registration with an animal pedigree 8 34 organization, the pet dealer must deliver to the retail 8 35 purchaser registration documents within a limited time. If 9 1 the pet dealer fails to do this due to some fault of the 9 2 dealer, the purchaser may make a demand upon the dealer which 9 3 may require the dealer to deliver the documents or refund some 9 4 or all of the pet's purchase price to the purchaser. 9 5 The bill requires a pet dealer to provide for a veterinary 9 6 examination of the pet prior to sale, at the expense of the 9 7 dealer. 9 8 The bill contains a provision which provides a purchaser 9 9 with remedies if a purchased pet is found to be unfit for sale 9 10 after a veterinarian's examination. The pet must be found to 9 11 have had a defect which existed at the time the purchaser took 9 12 possession of the pet. No remedy is available if unfitness 9 13 was due to a defect caused by the purchaser or the purchaser 9 14 knew of the pet's condition or breed from reading the purchase 9 15 statements. The bill places procedural requirements upon 9 16 making a demand, including time limits upon discovering the 9 17 condition and notifying the pet dealer. The bill also 9 18 requires the purchaser to provide proof of a defect namely by 9 19 providing a veterinarian's opinion or delivering the pet or 9 20 the pet's carcass for examination by the pet dealer or the 9 21 dealer's own veterinarian. If a pet's condition is proved, 9 22 the purchaser may return the pet for a refund, exchange the 9 23 pet for an equivalent pet, and be reimbursed for applicable 9 24 veterinarian services. 9 25 The bill grants the purchaser the right to take a claim to 9 26 court if the parties cannot otherwise settle the dispute. The 9 27 bill provides that the court must award the prevailing party 9 28 the reasonable costs of suit, including but not limited to 9 29 reasonable court costs and attorney fees, but not more than 9 30 $500. 9 31 Finally, the bill establishes a number of penalties 9 32 applicable to a pet dealer violating the bill's provisions. 9 33 The penalty is a civil rather than a criminal penalty, and 9 34 cannot exceed more than $1,000. 9 35 LSB 3324XC 77 10 1 da/cf/24
Text: SSB02122 Text: SSB02124 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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