Senate Bill No. 547
(By Senator Prezioso, By Request)
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[Introduced February 12, 2007; referred to the Committee on the
Judiciary.]
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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 and §19-20C-6, all relating to
protecting consumers against the sale or adoption of sick or
underage pets; and providing for penalties.
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 and §19-20C-6, all to read as
follows:
ARTICLE 20C. SALE OR ADOPTION OF SICK OR UNDERAGE PETS.
§19-20C-1. Definitions.
As used in this article:
(a) "Pet" means any mammal kept by a person for companionship
or pleasure rather than for utility, including, but not limited to, dogs and cats.
(b) "Purchase" means, 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, but is not limited to, all retail stores,
private breeders, private rescuers and public agencies that sell or
place two litters or twenty-five or more pets per year.
(d) "County or municipal shelter" means the same as that term
is used in section seven, article twenty of this chapter.
§19-20C-2. 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 a
communicable disease as that term is defined in section one,
article nine of this chapter, the pet seller shall reimburse the
purchaser the full purchase amount.
(c) If a licensed veterinarian diagnoses a pet with a
life-threatening communicable disease, as that term is defined in
section one, article nine of this chapter, within fifteen days of
the purchase date, the seller shall reimburse the purchaser for any
verifiable veterinary costs up to the purchase price of the pet.
(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 shall fully reimburse the purchaser the purchase price
and any verifiable veterinary costs directly attributed to the
congenital disease.
(e) County and municipal humane shelters, as defined in
section seven, article twenty of this chapter, are exempt from the
provisions of this article.
§19-20C-3. Sale of pets under eight weeks of age; import, export.
(a) No pet under eight weeks of age may be imported, exported,
sold or purchased in the state.
(b) The provisions of this section do not apply to the county
or municipal humane or animal shelters caring for orphaned pets.
§19-20C-4. Health certificates at pet sale or adoption.
(a) At the time of purchase, a pet seller must provide to a
purchaser, an original signed health certificate verifying that the
required care and vaccinations have been administered to the pet.
(b) The certificate shall include the name and address of the
veterinarian or the director of a county or municipal animal or
humane shelter who examined the pet prior to sale, date of required
care and vaccinations, a description of the pet including gender,
markings, approximate breed, age and weight.
§19-20C-5. Posting of consumer rights and protections.
(a) At the time of purchase, a pet seller must prominently
display a 10" x 10" sign at the seller's place or business or furnish the purchaser with a written contract informing consumers
of their rights and protections under the law.
(b) This notice shall include the text of this article.
§19-20C-6. 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.
NOTE: The purpose of this bill is to protect consumers
against the purchase of sick or underage pets.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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