NOTE: The following statute is applicable in the State of Florida only. Many states have similar laws. Please
be sure to check with your own State's regulations.
It is important that you are aware of and understand your rights as a Purchaser of this animal. Florida's "Pet
Lemon Law" is included verbatim below. If you have any questions concerning the details of this law or your rights under such
law, please do not hesitate in asking the breeder.
F.S.A. § 828.29
FLORIDA STATUTES ANNOTATED
TITLE XLVI. CRIMES
CHAPTER 828. ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
Current through End of 1994 Sp. 'D' Sess.
|
§828.29. Dogs and cats transported or offered for sale; health requirements; consumer guarantee
(1)(a) For each dog transported into the state for sale, the tests, vaccines, and anthelmintics required by this section
must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United
States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics
must be administered no more than 30 days and no less than 14 days before the dog's entry into the state. The official certificate
of veterinary inspection certifying compliance with this section must accompany each dog transported into the state for sale.
(b) For each dog offered for sale within the state, the tests, vaccines, and anthelmintics required by this section must
be administered by or under the direction of a veterinarian, licensed by the state and accredited by the United States Department
of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must
be administered before the dog is offered for sale in the state, unless the licensed, accredited veterinarian certifies on
the official certificate of veterinary inspection that to inoculate or deworm the dog is not in the best medical interest
of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog. Each dog must receive
vaccines and anthelmintics against the following diseases and internal parasites:
1. Canine distemper.
2. Leptospirosis.
3. Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending
veterinarian and noted on the health certificate, which must be administered in this state once before sale).
4. Parainfluenza.
5. Hepatitis.
6. Canine parvo.
7. Rabies, provided the dog is over 3 months of age and the inoculation is administered by a licensed veterinarian.
8. Roundworms.
9. Hookworms.
If the dog is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must be administered
no more than 21 days before sale within the state. If the dog is 4 months of age or older, the tests, vaccines, and anthelmintics
required by this section must be administered at or after 3 months of age, but no more than 1 year before sale within the
state.
(2)(a) For each cat transported into the state for sale, the tests, vaccines, and anthelmintics required by this section
must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United
States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics
must be administered no more than 30 days and no less than 14 days before the cat's entry into the state. The official certificate
of veterinary inspection certifying compliance with this section must accompany each cat transported into the state for sale.
(b) For each cat offered for sale within the state, the tests, vaccines, and anthelmintics required by this section must
be administered by or under the direction of a veterinarian, licensed by the state and accredited by the United States Department
of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must
be administered before the cat is offered for sale in the state, unless the licensed, accredited veterinarian certifies on
the official certificate of veterinary inspection that to inoculate or deworm the cat is not in the best medical interest
of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat. Each cat must receive
vaccines and anthelmintics against the following diseases and internal parasites:
1. Panleukopenia.
2. Feline viral rhinotracheitis.
3. Calici virus.
4. Rabies, if the cat is over 3 months of age and the inoculation is administered by a licensed veterinarian.
5. Hookworms.
6. Roundworms.
If the cat is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must be administered
no more than 21 days before sale within the state. If the cat is 4 months of age or older, the tests, vaccines, and anthelmintics
required by this section must be administered at or after 3 months of age, but no more than 1 year before sale within the
state.
(3)(a) Each dog or cat subject to subsection (1) or subsection (2) must be accompanied by a current official certificate
of veterinary inspection at all times while being offered for sale within the state. The examining veterinarian must retain
one copy of the official certificate of veterinary inspection on file for at least 1 year after the date of examination. At
the time of sale of the animal, one copy of the official certificate of veterinary inspection must be given to the buyer.
The seller must retain one copy of the official certificate of veterinary inspection on record for at least 1 year after the
date of sale.
(b) The term "official certificate of veterinary inspection" means a legible certificate of veterinary inspection signed
by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture,
that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the
person or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining
veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines
and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration
date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of
his knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites,
including coccidiosis and ear mites, but excluding fleas and ticks. The Department of Agriculture and Consumer Services shall
supply the official intrastate certificate of veterinary inspection required by this section at cost.
(c) The examination of each dog and cat by a veterinarian must take place no more than 30 days before the sale within the
state. The examination must include, but not be limited to, a fecal test to determine if the dog or cat is free of internal
parasites, including hookworms, roundworms, tapeworms, and whipworms. If the examination warrants, the dog or cat must be
treated with a specific anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or cat must be given a
broad spectrum anthelmintic. Each dog over 6 months of age must also be tested for heartworms. Each cat must also be tested
for feline leukemia before being offered for sale in the state. All of these tests must be performed by or under the supervision
of a licensed veterinarian, and the results of the tests must be listed on the official certificate of veterinary inspection.
(d) All dogs and cats offered for sale and copies of certificates held by the seller and veterinarian are subject to inspection
by any agent of the Department of Agriculture and Consumer Services, any agent of the United States Department of Agriculture,
any law enforcement officer, or any agent appointed under s. 828.03.
(4) A person may not transport into the state for sale or offer for sale within the state any dog or
cat that is less than 8 weeks of age.
(5) If, within 14 days following the sale by a pet dealer of an animal subject to this section, a licensed veterinarian
of the consumer's choosing certifies that, at the time of the sale, the animal was unfit for purchase due to illness or disease,
the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites, excluding
fleas and ticks; or if, within 1 year following the sale of an animal subject to this section, a licensed veterinarian of
the consumer's choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely
affects the health of the animal; or if, within 1 year following the sale of an animal subject to this section, the breed,
sex, or health of such animal is found to have been misrepresented to the consumer, the pet dealer shall afford the consumer
the right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including the sales tax, and reimbursement
for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is
unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment undertaken
to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, and
reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the
dog or cat is unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment
undertaken to relieve suffering; or
(c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for necessary services and
treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of veterinary services is
reasonable if comparable to the cost of similar services rendered by other licensed veterinarians in proximity to the treating
veterinarian and the services rendered are appropriate for the certification by the veterinarian.
(6) A consumer may sign a waiver relinquishing his right to return the dog or cat for congenital or hereditary disorders.
In the case of such waiver, the consumer has 48 normal business hours, excluding weekends and holidays, in which to have the
animal examined by a licensed veterinarian of the consumer's choosing. If the veterinarian certifies that, at the time of
sale, the dog or cat was unfit for purchase due to a congenital or hereditary disorder, the pet dealer must afford the consumer
the right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including sales tax, but excluding the veterinary
costs related to the certification that the dog or cat is unfit; or
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, but
not a refund of the veterinary costs related to the certification that the dog or cat is unfit.
(7) A pet dealer may specifically state at the time of sale, in writing to the consumer, the presence of specific congenital
or hereditary disorders, in which case the consumer has no right to any refund or exchange for those disorders.
(8) The refund or exchange required by subsection (5) or subsection (6) shall be made by the pet dealer not later than
10 business days following receipt of a signed veterinary certification as required in subsection (5) or subsection (6). The
consumer must notify the pet dealer within 2 business days after the veterinarian's determination that the animal is unfit.
The written certification of unfitness must be presented to the pet dealer not later than 3 business days following receipt
thereof by the consumer.
(9) An animal may not be determined unfit for sale on account of an injury sustained or illness contracted after the consumer
takes possession of the animal. A veterinary finding of intestinal or external parasites is not grounds for declaring a dog
or cat unfit for sale unless the animal is clinically ill because of that condition.
(10) If a pet dealer wishes to contest a demand for veterinary expenses, refund, or exchange made by a consumer under this
section, the dealer may require the consumer to produce the animal for examination by a licensed veterinarian designated by
the dealer. Upon such examination, if the consumer and the dealer are unable to reach an agreement that constitutes one of
the options set forth in subsection (5) or subsection (6) within 10 business days following receipt of the animal for such
examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain reimbursement of
veterinary expenses, refund, or exchange.
(11) This section does not in any way limit the rights or remedies that are otherwise available to a consumer under any
other law.
(12) Every pet dealer who sells an animal to a consumer must provide the consumer at the time of sale with a written notice,
printed or typed, which reads as follows:
It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of veterinary inspection
with each dog or cat purchased from a pet dealer. Such certificate shall list all vaccines and deworming medications administered
to the animal and shall state that the animal has been examined by a Florida-licensed veterinarian who certifies that, to
the best of his knowledge, the animal was found to have been healthy at the time of the veterinary examination. In the event
that the consumer purchases the animal and finds it to have been unfit for purchase as provided in section 828.29(5), Florida
Statutes, the consumer must notify the pet dealer within 2 business days of the veterinarian's determination that the animal
was unfit. The consumer has the right to retain, return, or exchange the animal and receive reimbursement for certain related
veterinary services rendered to the animal, subject to the right of the dealer to have the animal examined by another veterinarian.
(13) For the purposes of subsections (5)-(12) and (16), the term "pet dealer" means any person, firm, partnership, corporation,
or other association which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or
cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly
to a consumer.
(14) The state attorney may bring an action to enjoin any violator of this section or s. 828.12 or s. 828.13 from being
a pet dealer.
(15) County-operated or city-operated animal control agencies and registered nonprofit humane organizations are exempt
from this section.
(16) A pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered for sale within the
state.
(17) Except as otherwise provided in this chapter, a person who violates any provision of this section commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.