Pet Sales

Summary:

As of 2019, 22 U.S. states have enacted Pet Purchaser Protection Acts, which are commonly known as Puppy Lemon Laws, for the purpose of exactly what the name implies: purchaser protection. In order to accomplish this goal, a typical Pet Purchaser Protection Act requires the seller to make certain disclosures about an animal that is offered for sale, while also affording the purchaser a remedy if a diseased animal is purchased from the seller. This table reveals the types of animals and sellers covered under these acts, as well as the types of remedies that are available and the limitations to these remedies.

Summary: Under this Wisconsin statute, no person may sell any domestic animal or represent that such domestic animal is a pure bred animal, if the animal is not registered or entitled to be registered, in any pure breed registry for that breed.

Summary: This Virginia statute outlines the requirements for releasing agencies other than pounds or animal shelters. Included in the provisions are recordkeeping requirements, a requirement that each agency receives a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and owner notice provisions.

Summary: This Virginia statute provides that any city, county or town which supports an animal shelter may by ordinance provide that no person who acquires an animal from a shelter shall be able to sell such animal within a period of six months from the time the animal is acquired from the shelter. Violation of such an ordinance shall constitute a misdemeanor.

Summary: This Virginia statute provides that the governing body of any county, city or town may, by local ordinance, require a person operating a pet shop or operating as a dealer in companion animals to obtain a permit. It further outlines the specific requirements the ordinance may provide, including record-keeping and penalties.

Summary: Provides most recent definitions for terms used throughout the rest of the statute, including but not limited to private and public animal shelters, commercial breeder, shelter, pet shop, and kennel.

Summary: Under the Texas Dog or Cat Breeders Act, a person may not act as a dog or cat breeder without a license. Facilities must be inspected at least once every 18-months, and inspectors must notify the law enforcement if they discover evidence of animal cruelty or neglect. This Act also establishes a dog or cat breeder training and enforcement account that can be used for promoting consumer awareness of this chapter, and supporting education, training, and enforcement efforts.

Summary: (Expired June 30, 2014). In 2009, Tennessee enacted its Commercial Breeder Act. The act defines a commercial breeder as means any person who possesses or maintains, under the person’s immediate control, twenty (20) or more unsterilized adult female dogs or cats in this state for the purpose of selling the offspring as companion animals. Commercial breeders must maintain and display licenses to operate in accordance with the act. Further, the act requires commercial breeders to keep on file at all times the number of dogs and cats in their possession and how many were sold during the reporting period. Inspections may occur under the act, but are not mandatory.

Summary: This South Carolina statute provides that no pet dealer, pet shop, or pet breeder shall sell a registered companion dog or cat without providing to the purchaser a statement certifying that the dog or cat has received an infectious disease inoculation. If at any time within fourteen days following the sale and delivery of a registered companion dog or cat to a purchaser, a licensed veterinarian certifies the animal to be unfit for purchase due to a noncongenital cause or condition or within six months certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a purchaser has the right to elect one of the following options described in the statute. This section is apparently limited to registered dogs or cats.

Summary: This Rhode Island chapter enacted in 2007 created a remedy for purchasers who are sold dogs with disease or hereditary defects. Upon sale, a seller is required to give purchasers a written statement that gives the dog's breed, breeder, license number (if applicable), a record of inoculations, and a record of the dog's veterinary diagnoses and treatments. Both the seller and purchaser must sign and date a written statement from the seller that states that the dog either has not known disease, illness, or hereditary condition that adversely affects its health, or a statement that fully describes the diseases or conditions. A purchaser is entitled to relief from the seller after the purchase of a dog if within twenty (20) days after the purchase of the dog, a licensed veterinarian states in writing that the animal is suffering from or has died from an illness, disease or other defect adversely affecting the animal's health and that this condition existed in the dog on or before delivery to the purchaser, or within two (2) years after the purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has died from a congenital or hereditary condition adversely affecting its health.