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State of Washington 60th Legislature 2008 Regular Session

By Senators Kohl-Welles, Kline, and Weinstein

Read first time 01/16/08. Referred to Committee on Labor, Commerce,

Research & Development.

1 AN ACT Relating to pet dealers; and adding a new chapter to Title

2 18 RCW.

3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

4 NEW SECTION. Sec. 1. The definitions in this section apply

5 throughout this chapter unless the context clearly requires otherwise.

6 (1) "Animal" means a dog, cat, or bird of any age.

7 (2) "Pet breeder" means any person, business, or other entity that

8 breeds animals for direct or indirect sale to the public.

9 (3) "Pet dealer" means any person, business, or other entity,

10 including pet breeder, that sells more than twenty animals or three

11 litters, whichever is greater, in a twelve-month period. "Pet dealer"

12 does not include animal control agencies, humane societies, or other

13 bona fide nonprofit organizations performing the functions of humane

14 societies.

15 NEW SECTION. Sec. 2. A pet dealer shall, no more than thirty days

16 before the sale of the animal, provide for examination of the animal by

17 a veterinarian licensed in Washington.

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1 NEW SECTION. Sec. 3. (1) Every pet dealer shall, at the time of

2 sale, deliver to the purchaser of each animal a written statement

3 containing the following information:

4 (a) The date of the animal's birth, if known;

5 (b) The breeder's name and address, if known. If not known, the

6 pet dealer must provide the name and address of the person who sold or

7 gave the animal to the pet dealer;

8 (c) The date the pet dealer received the animal, if not bred by the

9 pet dealer;

10 (d) The breed, sex, and color of the animal, and identifying marks

11 existing at the time of sale. If the animal is from a United States

12 department of agriculture licensed source, the statement shall contain

13 the individual identifying tag, band, tattoo, or color number for that

14 animal. If the breed is unknown or mixed, this fact shall be stated;

15 (e) If the animal is being sold as registrable, the names and

16 registration numbers of the sire and dam, and the litter number;

17 (f) A record of any inoculations and parasite or worming treatments

18 administered to the animal, to the extent known, including dates of

19 administration and the type of vaccine or worming treatment;

20 (g) A record of any diagnosis from a licensed veterinarian, and a

21 record of any treatment or medication received by the animal while in

22 the possession of the pet dealer, whether provided by a licensed

23 veterinarian or by the pet dealer, and either of the following:

24 (i) A statement, signed by the pet dealer and purchaser at the time

25 of sale that:

26 (A) The animal has no known disease or illness;

27 (B) The animal has no known congenital or hereditary condition that

28 adversely affects the health of the animal at the time of sale, or that

29 is likely to adversely affect the health of the animal in the future;

30 or

31 (ii) A statement disclosing any known health problems.

32 (2) The written statement required by subsection (1) of this

33 section shall be signed by both the pet dealer, certifying the accuracy

34 of the statement, and by the purchaser acknowledging receipt of the

35 statement.

36 NEW SECTION. Sec. 4. A pet dealer shall maintain a written record

37 on the health, status, and disposition of each animal for three years

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1 which includes the current year and the past two years. The record

2 shall include all of the information that the dealer is required to

3 disclose under section 3 of this act, including a list of the names and

4 addresses of persons from whom animals are received and to whom animals

5 are sold, whether there were complaints by a purchaser regarding the

6 health of the animal, whether the animal was returned, and, if so, the

7 reason given for that return. All animal transactions shall be listed

8 on the records and these records shall be made available upon request,

9 to any agency responsible for enforcement of chapter 16.52 RCW as

10 defined in RCW 16.52.015.

11 NEW SECTION. Sec. 5. A pet dealer may not sell an animal that has

12 any obvious clinical sign of infectious, contagious, parasitic, or

13 communicable disease or abnormality, or has any disease, illness, or

14 condition that requires hospitalization or nonelective surgical

15 procedures.

16 NEW SECTION. Sec. 6. (1) A purchaser is entitled to a remedy from

17 a pet dealer under this section if, after the purchase of an animal

18 from the pet dealer, one of the following occurs:

19 (a) Within twenty days after the purchase of the animal, a licensed

20 veterinarian of the purchaser's choosing states in writing that the

21 animal suffers or has died from an illness, disease, or other defect

22 adversely affecting the animal's health that existed in the animal on

23 or before delivery to the purchaser. Intestinal or external parasites

24 shall not be considered to adversely affect an animal's health unless

25 their presence makes the animal clinically ill.

26 (b) Within two years after the purchase of the animal, a licensed

27 veterinarian of the purchaser's choosing states in writing that the

28 animal possesses or has died from a congenital or hereditary condition

29 adversely affecting the health of the animal or that required

30 hospitalization or nonelective surgical procedures.

31 (2) A purchaser entitled to a remedy under this section may elect

32 one of the following remedies:

33 (a) Return the animal to the pet dealer for a full refund of the

34 purchase price and reimbursement for reasonable veterinary fees for

35 diagnosis and treatment in an amount not to exceed the original

36 purchase price of the animal;

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1 (b) Exchange the animal for another one of the purchaser's choice

2 having comparable value, providing the replacement animal is available,

3 and receive reimbursement for reasonable veterinary fees for diagnosis

4 and treatment in an amount not to exceed the original purchase price of

5 the animal; or

6 (c) Retain the animal and receive reimbursement for reasonable

7 veterinary fees for diagnosis and treatment in the amount not to exceed

8 one hundred fifty percent of the original purchase price of the animal.

9 (3) If the animal has died, the purchaser may obtain either a

10 refund for the purchase price of the animal, or a replacement animal of

11 comparable value, plus reimbursement for reasonable veterinary fees for

12 diagnosis and treatment in an amount not to exceed the original

13 purchase price of the animal.

14 (4) For the purposes of this section, the veterinary fees shall be

15 deemed reasonable if the services rendered are appropriate for the

16 diagnosis and treatment of the illness or congenital or hereditary

17 condition made by the veterinarian, and the cost of such services is

18 comparable to that charged for similar services by other licensed

19 veterinarians in proximity to the treating veterinarian. A veterinary

20 fee shall be presumed reasonable in the absence of evidence to the

21 contrary.

22 (5) Refunds and payment of reimbursable expenses pursuant to this

23 section shall be made by the pet dealer to the purchaser not later than

24 ten business days following receipt of the veterinarian's statement

25 required by section 7 of this act, except in cases in which the

26 entitlement to a remedy is contested.

27 NEW SECTION. Sec. 7. To obtain the remedies provided for in

28 section 6 of this act, the purchaser shall substantially comply with

29 all of the following requirements:

30 (1) Notify the pet dealer as soon as practicable, but in no case

31 more than ten days after the diagnosis by a licensed veterinarian of a

32 health problem, including a congenital or hereditary condition, for

33 which a remedy is requested. The notice shall include the name and

34 telephone number of the veterinarian providing the diagnosis;

35 (2) In the case of illness or disease, provide a written statement

36 from a licensed veterinarian within ten days of diagnosis stating that

37 the animal is clinically ill, suffers from a congenital or hereditary

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1 condition, or has symptoms of a contagious infectious disease that

2 existed on or before delivery to the purchaser and that adversely

3 affects the health of the animal;

4 (3) The veterinarian's statement required under this section shall

5 include all of the following:

6 (a) The purchaser's name and address;

7 (b) The date or dates on which the animal was examined;

8 (c) The breed and age of the animal, if known;

9 (d) A verification that the veterinarian examined the animal;

10 (e) A statement that the animal has or had an illness or condition

11 subject to a remedy under section 6 of this act;

12 (f) The precise findings of the examination or necropsy, including

13 laboratory results or copies of laboratory reports;

14 (4) If a reimbursement for reasonable veterinary expenses is being

15 requested, the veterinarian's statement shall be accompanied by an

16 itemized bill of fees appropriate for the diagnosis and treatment of

17 the illness or congenital or hereditary condition.

18 NEW SECTION. Sec. 8. No refund, replacement, or reimbursement of

19 veterinary fees shall be made under any of the following conditions:

20 (1) The illness or death resulted from maltreatment or neglect or

21 from an injury sustained or an illness contracted subsequent to the

22 delivery of the animal to the purchaser.

23 (2) The purchaser failed to carry out the recommended treatment

24 prescribed by the examining veterinarian who made the initial

25 diagnosis. However, this subsection does not apply if the cost for

26 such treatment, together with the veterinarian's fee for diagnosis,

27 would exceed the purchase price of the animal.

28 (3) The illness, disease, or condition was disclosed in writing at

29 the time of sale under section 3 of this act.

30 (4) The purchaser fails to return to the pet dealer all documents

31 previously provided to the purchaser for the purpose of registering the

32 animal in cases where the animal is being returned to the pet dealer

33 for refund or replacement.

34 NEW SECTION. Sec. 9. (1) In the event that a pet dealer disputes

35 a purchaser's entitlement to a remedy under this chapter, the pet

36 dealer may, except in the case of the animal's death, have the animal

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1 examined by a licensed veterinarian designated by the pet dealer. The

2 cost of such examination shall be borne by the pet dealer. A written

3 statement of the findings of the pet dealer's chosen veterinarian shall

4 be provided to the purchaser.

5 (2) If, following examination of the animal by the pet dealer's

6 chosen veterinarian, the purchaser and the pet dealer are unable to

7 reach an agreement within ten business days, the purchaser may initiate

8 an action in a court of competent jurisdiction to resolve the dispute,

9 or the parties may submit to binding arbitration if mutually agreed

10 upon by the parties in writing. Any court having jurisdiction in a

11 damages or trespass action for the amount in controversy has

12 jurisdiction under this chapter.

13 (3) The purchaser in any such legal action has the right to collect

14 reasonable attorneys' fees and court costs if the opposing party acts

15 in bad faith in seeking or denying the requested remedy.

16 NEW SECTION. Sec. 10. (1) Every pet dealer shall post in a

17 conspicuous location a notice stating that purchasers of animals have

18 specific rights under law and that a written statement of the rights is

19 available upon request by any interested party. The notice shall be in

20 one hundred-point type and read as follows:

21 "Purchasers of animals from this pet dealer are entitled to specific

22 rights under the law. Purchasers must be provided a written copy of

23 the rights at the time of sale. Prospective purchasers may receive a

24 copy of the rights from this pet dealer upon request."

25 (2) Every pet dealer shall, at the time of sale or upon the request

26 of a prospective purchaser, provide a written notice of rights under

27 this chapter. The notice shall be signed by the purchaser and the pet

28 dealer at the time of sale acknowledging receipt.

29 (3) Every pet dealer of an animal sold with the representation that

30 the animal is registered or registrable with a registry shall, in

31 addition to the notices in this section, provide the purchaser a

32 written notice, signed by the purchaser and the pet dealer at the time

33 of sale, which reads as follows:

34 "A pedigree or a registration does not assure proper breeding

35 condition, health, quality, or claims to lineage."

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1 NEW SECTION. Sec. 11. A violation of this chapter shall

2 constitute an unfair or deceptive trade practice affecting the public

3 interest under chapter 19.86 RCW. All public and private remedies

4 provided under that chapter shall be available to enforce this chapter.

5 NEW SECTION. Sec. 12. (1) Nothing in this chapter shall limit the

6 rights or remedies that are otherwise available to a consumer under any

7 other law, nor shall this chapter in any way limit the pet dealer and

8 the purchaser from agreeing between themselves upon additional terms

9 and conditions that are not consistent with this chapter. No waiver of

10 rights under this chapter shall be effective.

11 (2) Nothing in this chapter shall limit prosecution for violation

12 of any criminal statute or of any other law.

13 (3) Nothing in this chapter shall preclude the imposition of

14 punitive damages otherwise available at law.

15 NEW SECTION. Sec. 13. Sections 1 through 12 of this act

16 constitute a new chapter in Title 18 RCW.

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