H. B. 2869
(By Delegates Fleischauer, Shaver, Marshall,
Beach, Shook, Longstreth, Hutchins,
Sobonya, Brown and Guthrie)
[Introduced January 9, 2008; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-20C-1, §19-20C-2,
§19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6, §19-20C-7 and
§19-20C-8, all relating to
protecting consumers against the
sale or adoption of sick or underage pets
; providing for
penalties for violations of this article.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §19-20C-1, §19-20C-2,
§19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6, §19-20C-7 and
§19-20C-8, all to read as follows:
ARTICLE 20. SALE OR ADOPTION OF SICK OR UNDERAGE PETS.
§19-20C-1. Short title.
This article may be cited as the "Pet Welfare Act."
§19-20C-2. Definitions.
As used in this article:
(a) "Pet" means an animal kept by a person for companionship
or pleasure rather than for utility; including, but not limited to,
dogs and cats.
(b) "Purchase" means and includes, but is not limited to, any
transfer of pet ownership or title, whether for money, by adoption,
for exchange for other property or services or without any
remuneration.
(c) "Seller" means and includes, but is not limited to, all
retail stores, private breeders, private rescuers and public
agencies that sell or place two litters or twenty-five pets per
year.
§19-20C-3. Application.
This article applies to all pet sellers.
§19-20C-4. Infected animals; reimbursement.
(a) Purchasers of a pet have fifteen days from the date of
purchase to return the pet to the seller for any reason for full
reimbursement.
(b) If a licensed veterinarian diagnoses a pet with an illness
within fifteen days of the purchase date, the pet seller will fully
reimburse the purchaser and will not require the purchaser to
return the pet to the seller.
(c) If a licensed veterinarian diagnoses a pet with an illness
within fifteen days of the purchase date, the seller will reimburse the purchaser for any veterinary costs up to the purchase price of
the pet or five hundred dollars, whichever is greater.
(d) If a licensed veterinarian diagnoses a pet with a
congenital defect within one year of the pet's purchase date, the
pet's seller will either fully reimburse the purchaser or replace
the pet with another pet that is free of defects and infection.
§19-20C-5. Sale of pets under eight weeks of age; import, export.
(a) No pet under eight weeks of age shall be sold or purchased
in the state.
(b) No pet under eight weeks of age shall be imported into the
state for sale or purchase.
(c) No pet under eight weeks of age shall be exported out of
the state for sale or purchase.
(d) This section does not apply to humane or animal shelters
caring for orphaned pets.
§19-20C-6. Health certificates at pet sale or adoption.
At the time of purchase, a pet seller must provide to a
purchaser a copy of a certificate verifying the health of the pet
and certifying that the required care and vaccinations have been
given. The certificate must be signed by a licensed veterinarian
or the director of a county or municipal animal or humane shelter
for whom the governing body states in writing that the shelter will
not pay veterinary bills.
§19-20C-7. Posting of consumer rights and protections.
At the time of purchase, a pet seller must prominently display
a 10" x 10" sign at the seller's place of business or furnish the
purchaser with a written contract informing consumers of their
rights and protections under the law.
§19-20C-8. Violations; penalties.
A person who violates a provision of this article is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than one thousand dollars.
Magistrates have concurrent jurisdiction with circuit courts to
enforce the provisions of this article.
NOTE: The purpose of this bill is to protect consumers
against the purchase of sick or underage pets.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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