Report Title:

Pet Sales

 

Description:

Requires pet dealers and dog breeders to provide purchasers of dogs with written statements of the dog's medical history.  Allows consumers to return dogs to a pet dealer or breeder for a refund or exchange where the dog has a pre-existing condition.  Requires pet dealers to provide purchasers of cats with written statements of the cat's medical history.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1842

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ANIMALS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

pet protection act

PART I.  PET DEALER WARRANTIES

     §   -1  Applicability.  (a)  Every pet dealer of dogs and cats shall conform to this part.  As used in this part, unless the context otherwise indicates:

     "Pet dealer" means a person engaging in the business of selling dogs or cats, or both, at retail.  Separate sales of dogs or cats from a single litter shall constitute only one sale.  This definition does not apply to any person, firm, partnership, corporation, or other association, that breeds or rears dogs on the premises of the person, firm, partnership, corporation, or other association, that has sold, transferred, or given away fewer than fifty dogs in the preceding year.

     "Purchaser" means a person who purchases a dog or cat from a pet dealer without the intent to resell the animal.

     (b)  This part shall not apply to dog breeders regulated under part II or to publicly operated day pounds, humane societies, or privately operated pet rescue organizations.

     §   -2  Transport; dog or cat; common carrier.  Every pet dealer receiving dogs or cats from a common carrier shall transport, or have transported, dogs and cats from the carrier's premises within four hours after receipt of telephone notification by the carrier of the completion of shipment and arrival of the animal at the carrier's point of destination.

     §   -3  Examination; dog or cat.  All dogs or cats received by a retail dealer, prior to being placed with other dogs or cats, shall be examined for illness or any other unhealthy condition.  Any dog or cat found to be afflicted with a contagious disease shall be kept caged separately from healthy animals.

     §   -4  Spaying; neutering; licensing.  Every pet dealer shall provide to the purchaser of each dog or cat at the time of sale, written material, in a form determined by the pet dealer, on the benefits of spaying and neutering.  The written material shall include recommendations on establishing a relationship with a veterinarian, information on early-age spaying and neutering, the health benefits associated with spaying and neutering pets, the importance of minimizing the risk of homeless or unwanted animals, and the need to comply with applicable license laws.

     §   -5  Medical history.  (a)  Every pet dealer shall provide to the purchaser of each dog and cat at the time of sale, a written statement in a standardized form containing the following information:

     (1)  For cats:

         (A)  The breeder's and broker's name and address, if known, or if not known, the source of the cat;

         (B)  The date of the cat's birth, unless unknown because of the source of the cat and the date the dealer received the cat;

         (C)  A record of the immunizations and worming treatments administered, if any, to the cat as of the time of sale, including the dates of administration and the type of vaccine or worming treatment; and

         (D)  A record of any known disease or sickness that the cat is afflicted with at the time of sale.  In addition, this information shall also be orally disclosed to the purchaser.

     (2)  For dogs:

         (A)  The breeder's name and address, if known, or if not known, the source of the dog;

         (B)  The date of the dog's birth, and the date the dealer received the dog.  If the dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if not known by the seller;

         (C)  The breed, sex, color, and identifying marks at the time of sale, if any.  If the breed is unknown or mixed, the record shall so indicate;

         (D)  If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known;

         (E)  A record of inoculations and worming treatments administered, if any, to the dog at the time of sale, including dates of administration and the type of vaccine or worming treatment; and

         (F)  A record of any veterinary treatment or medication received by the dog while in the possession of the pet dealer and:

              (i)  A statement, signed by the pet dealer at the time of sale, stating that the dog has neither a known disease or illness nor a known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale or that is likely to adversely affect the health of the dog in the future; or

             (ii)  A record of any known disease, illness, and any congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness, or condition does not require hospitalization or nonelective surgical procedures now, or in the future.  A veterinary statement is not required for intestinal or external parasites unless their presence makes, or is likely to make the dog clinically ill.  The statement shall be valid for seven days following examination of the dog by the veterinarian.

     (b)  For the purpose of this part, "nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of the dog to prevent the dog from experiencing pain or discomfort or to correct a condition that would interfere with the dog's ability to walk, run, jump, or otherwise function in a normal manner.

     (c)  For the purposes of this part, "clinically ill" means an illness that is apparent to a veterinarian based on observation, examination, or testing of the dog, or upon a review of the medical records relating to the dog.

     (d)  A disclosure made pursuant to subsection (a)(2) shall be signed by both the pet dealer certifying the accuracy of the statement, and the purchaser of the dog acknowledging receipt of the statement.  In addition, all medical information required to be disclosed pursuant to subsection (a)(2) shall be made orally to the purchaser.

     (e)  For purposes of this part, a disease, illness, or congenital or hereditary condition that adversely affects the health of a dog at the time of sale or is likely to adversely affect the health of the dog in the future shall be one that is apparent at the time of sale or that should have been known by the pet dealer from the history of veterinary treatment disclosed pursuant to this section.

     §   -6  Written records; retention.  A pet dealer shall maintain a written record on the health, status, and disposition of each dog and each cat for a period of not less than one year after disposition of the dog or cat.  The record shall also contain all of the information required to be disclosed pursuant to sections    -5 and    -20.  Those records shall be available to humane society officers, animal control officers, and law enforcement officers for inspection during normal business hours.

     §   -7  Penalties for violation of part.  Except as otherwise specified in this part, any person violating any provision of this part other than section    -17 shall be subject to a civil penalty of up to $1,000 per violation.  Funds shall be deposited into the compliance resolution fund and shall be used to assist in the return of lost dogs and cats to their owners.

     §   -8  Unlawful practices; pet dealer.  (a)  It shall be unlawful for a pet dealer to fail to do any of the following:

     (1)  Maintain facilities where the dogs are kept in a sanitary condition;

     (2)  Provide dogs with adequate nutrition and potable water;

     (3)  Provide adequate space appropriate to the age, size, weight, and breed of dog.  For the purpose of this section, "adequate space" means sufficient space for the dog to stand, sit, and turn about freely using normal body movements, without the dog's head touching the top of the cage or cramping in a lying position;

     (4)  House dogs on wire flooring with a rest board, floormat, or similar device that can be maintained in a sanitary condition;

     (5)  Provide dogs with adequate socialization and exercise.  For the purpose of this section, "socialization" means physical contact with other dogs or with human beings;

     (6)  Wash their hands before and after handling each infectious or contagious dog;

     (7)  Maintain either of the following:

         (A)  A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire; or

         (B)  Maintain a fire suppression sprinkler system;

     (8)  Provide veterinary care without delay when necessary;

     (9)  Be bonded with a surety company duly authorized to transact business within the State; provided that the bond shall be filed with the appropriate authority; and

    (10)  Microchip and license each dog and cat prior to sale.

(b)  A pet dealer shall not possess a dog that is less than eight weeks old.

     §   -9  Veterinarian statement.  (a)  If a licensed veterinarian states in writing that within fifteen days after the purchaser has taken physical possession of a dog after the sale by a pet dealer, the dog has become ill due to any illness that existed on, or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale, a veterinarian licensed in this State, states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale and the pet dealer shall provide the purchaser with one of the following remedies at the purchasers election:

     (1)  Return the dog to the pet dealer for a refund of the purchase price and reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the original purchase price of the dog;

     (2)  Exchange the dog for a dog of the purchaser's choice of equivalent value if a replacement dog is available, and reimbursement for reasonable veterinary fees for the diagnosis and treatment of the dog in an amount not to exceed the original purchase price of the dog; or

     (3)  Retain the dog and the reimbursement for reasonable veterinary fees in an amount not to exceed one hundred and fifty per cent of the original purchase price of the dog.

(b)  If the dog has died, regardless of the date of the death of the dog, the purchaser has the right to obtain a refund for the purchase price of the dog or a replacement dog of equivalent value of the purchaser's choice and if applicable, reimbursement for reasonable veterinary fees in an amount not to exceed the original purchase price of the dog, if either of the following conditions exist:

     (1)  A veterinarian, licensed in this State, states in writing that the dog has died due to an illness or disease that existed within fifteen days after the purchaser obtained physical possession of the dog after the sale by a pet dealer; or

     (2)  A veterinarian, licensed in this State, states in writing that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a pet dealer.

     (c)  The veterinarian's statement shall contain the following information:

     (1)  The purchaser's name and address;

     (2)  The date or dates the dog was examined;

     (3)  The breed and age of the dog, if known;

     (4)  If the veterinarian examined the dog;

     (5)  If the dog has or had an illness described in this section that renders it unfit for purchase or resulted in its death; and

     (6)  The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

     (d)  If a refund for reasonable veterinary expenses is being requested, the veterinary statement shall be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition.

(e)  Refunds and payment of reimbursable expenses shall be paid, unless contested, by the pet dealer to the purchaser no later than ten business days following receipt of the veterinarian's statement required in this section or, where applicable, no later than ten business days after the date on which the dog is returned to the pet dealer.

     §   -10  Rebuttable presumption; pre-existing illness.  (a)  There shall be a rebuttable presumption that an illness existed at the time of sale if the animal dies within fifteen days of delivery to the purchaser.

(b)  For purposes of section    -9, a finding by a veterinarian of intestinal or external parasites shall not be grounds for declaring a dog unfit for sale unless their presence makes the dog, or is likely to make the dog clinically ill.

(c)  For purposes of section    -9, the value of veterinary services shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of an illness or a congenital or hereditary condition, made by the veterinarian and the value of similar services is comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian.

     §   -11  Dog purchaser; remedies.  To obtain the remedies provided for in section    -9, the purchaser shall substantially comply with all of the following requirements:

     (1)  Notify the pet dealer as soon as possible, but not more than five days after the diagnosis by a veterinarian licensed in this State of a medical or health problem, including a congenital or hereditary condition and of the name and telephone number of the veterinarian providing the diagnosis;

     (2)  Return an ill dog to the pet dealer with a written statement from a veterinarian licensed in this State, finding the dog to be unfit for purchase due to illness, a congenital or hereditary condition, or the presence of symptoms of a contagious or infectious disease that existed on, or before delivery of the dog to the purchaser and that the illness adversely affects the health of the dog.  The purchaser shall return the dog and a copy of the veterinarian's statement as soon as possible, but not more than five days after receipt of the veterinarian's statement; and

     (3)  Provide the pet dealer, in the event of the death of a dog, with a written statement from a veterinarian licensed in this State stating that the dog died from an illness that existed on, or before the delivery of the dog to the purchaser.  The presentation of the statement shall be sufficient proof to claim any reimbursement or replacement of the dog.  The return of the deceased dog to the pet dealer shall not be required.

     §   -12  Remedies; disqualification.  Notwithstanding section    -9, no refund, replacement, or reimbursement of veterinary fees shall be made if any of the following conditions exist:

     (1)  The illness or death of a dog resulted from maltreatment, neglect, or an injury sustained or an illness contracted subsequent to the delivery of the dog to the purchaser;

     (2)  The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis; provided that this paragraph shall not apply if the cost for the treatment and the veterinarian's fee for the diagnosis exceeds the purchase price of the dog;

     (3)  A veterinarian's statement was provided to the purchaser pursuant to section    -5 that disclosed the disease, illness, or condition for which the purchaser seeks to return the dog; provided thaqt this paragraph shall not apply if, within one year after the purchaser took physical possession of the dog, a veterinarian licensed in this State states in writing that the disease, illness, or condition requires, or is likely in the future to require, hospitalization or nonelective surgical procedures or that the disease, illness, or condition resulted in the death of the dog; or

     (4)  The purchaser refuses to return to the pet dealer all documents previously provided to the purchaser for the purpose of registering the dog; provided that this section shall not apply if the purchaser signs a written statement certifying that the documents have been inadvertently lost or destroyed.

     §   -14  Examination; pet dealer's veterinarian.  (a)  In the event that a pet dealer wishes to contest a demand for any of the remedies specified in section    -9, the dealer, except in the case of the death of the dog, may require the purchaser to produce the dog for examination by a licensed veterinarian designated by the pet dealer.  The pet dealer shall pay the cost of this examination.

(b)  If the purchaser and the pet dealer are unable to reach an agreement within ten business days following receipt by the pet dealer of the veterinarian's statement pursuant to section    -9, or following receipt of the dog for examination by a veterinarian designated by the pet dealer, whichever is later, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing.

(c)  The prevailing party in the dispute shall have the right to collect reasonable attorney's fees if the other party acted in bad faith in seeking or denying the requested remedy.

     §   -14  Dog purchasers; written notice of rights.  Every pet dealer that sells a dog shall provide the purchaser at the time of sale, and a prospective purchaser upon request, with a written notice of rights, setting forth the rights provided for under this section.  The notice shall be contained in a separate document.  The written notice of rights shall be in ten-point type.  A copy of the written notice of rights shall be signed by the purchaser acknowledging that the purchaser has reviewed the notice.  The notice shall state the following:

"A STATEMENT OF HAWAII LAW GOVERNING THE SALE OF DOGS

The sale of dogs is subject to consumer protection regulations.  In the event that a Hawaii licensed veterinarian states in writing that your dog is unfit for purchase because it became ill due to an illness or disease that existed within fifteen days following delivery to you, or within one year in the case of congenital or hereditary condition, you may choose one of the following:

     (1)  Return your dog and receive a refund of the purchase price, and receive reimbursement for reasonable veterinarian fees up to the cost of the dog;

     (2)  Return your dog and receive a dog of your choice of equivalent value if a replacement dog is available and receive reimbursement for reasonable veterinarian fees up to the cost of the dog; or

     (3)  Keep the dog and receive reimbursement for reasonable veterinarian fees up to one hundred and fifty per cent of the original purchase price of the dog.

In the event your dog dies, you may receive a refund for the purchase price of the dog or a replacement dog of your choice, of equivalent value.  You may also receive a reimbursement for reasonable veterinary fees for the diagnosis and treatment of the dog, if a veterinarian, licensed in this State, states in writing that the dog has died due to an illness or disease that existed within fifteen days after the purchaser obtained physical possession of the dog after the sale by a pet dealer, or states that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a pet dealer.  These fees may not exceed the purchase price of the dog.

In order to exercise these rights, you must notify the pet dealer as quickly as possible but no later than five days after learning from your veterinarian that a problem exists.  You must tell the pet dealer about the problem and give the pet dealer the name and telephone number of the veterinarian providing the diagnosis.

If you are making a claim, you must also present to the pet dealer a written veterinary statement, in a form prescribed by law, that the animal is unfit for purchase and an itemized statement of all veterinary fees related to the claim.  This information must be presented to the pet dealer no later than five days after you have received the written statement from the veterinarian.

In the event that the pet dealer wishes to contest the statement or the veterinarian's bill, the pet dealer may request that you produce the dog for examination by a licensed veterinarian of the pet dealer's choice.  The pet dealer shall pay the cost of this examination.

In the event of death, the deceased dog need not be returned to the pet dealer if you submit a statement issued by a licensed veterinarian stating the cause of death.

If the parties cannot resolve the claim within ten business days following receipt of the veterinarian statement or the examination by the pet dealer's veterinarian, whichever event occurs later, you may file an action in a court of competent jurisdiction to resolve the dispute.  If a party acts in bad faith, the other party may collect reasonable attorney's fees.  If the pet dealer does not contest the matter, the pet dealer must make the refund or reimbursement no later than ten business days after receiving the veterinary certification.

If the pet dealer has represented your dog as registerable with a pedigree organization, the pet dealer shall provide you with the necessary papers to process the registration at the time you received the dog.  If the pet dealer fails to deliver the papers within the prescribed time limit, you are entitled to return the dog for a full refund of the purchase price or a refund of seventy-five per cent of the purchase price if you choose to keep the dog.

This statement is a summary of key provisions of the consumer remedies available.  Hawaii law also provides safeguards to protect pet dealers from abuse.  If you have any questions, obtain a copy of the complete relevant statutes.

NOTE:  This disclosure of rights is a summary of Hawaii law.  The actual statutes are contained in part I of chapter    , Hawaii Revised Statutes."

This notice shall be contained in a separate document.  The written notice shall be in ten-point type.  The notice shall be signed by the purchaser acknowledging that the purchaser has reviewed the notice.  The pet dealer shall permit persons to review the written notice upon request.

     §   -15  Rights of purchaser; cumulative.  Nothing in this part shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law.  Nor shall this part in any way limit the pet dealer and the purchaser from agreeing between themselves upon additional terms and conditions that are not inconsistent with this part.  However, any agreement or contract by a purchaser to waive any rights under this part shall be void and shall be unenforceable.

     §   -16  Registered pedigree; remedies.  (a)  No pet dealer shall state, promise, or represent to the purchaser, directly or indirectly, that a dog is registered or capable of being registered with an animal pedigree registry organization, unless the pet dealer provides the purchaser with the documents necessary for that registration at the time of thee of the dog; provided that international clubs shall have forty-five days following the date of the sale of the dog.

(b)  In the event that a pet dealer fails to provide at the required time the documents necessary for registration at the required time pursuant to subsection (a), the purchaser, upon written notice to the pet dealer, shall be entitled to retain the animal and receive a partial refund of seventy-five per cent of the purchase price or return of the dog with all documentation previously provided the purchaser for a full refund.

(c)  The pet dealer shall not charge the purchaser for the documents necessary for registration.

(d)  The purchaser shall notify the animal pedigree registry organization of any stolen or lost registrations.

     §   -17  Diseased dogs; sale prohibited.  Except as provided in section    -5(a)(2), no pet dealer shall knowingly sell a dog that is diseased, ill, or has a condition, any one of which requires hospitalization or surgical procedures.  In lieu of the civil penalties imposed pursuant to section    -7, any pet dealer who violates this section shall be subject to a civil penalty of up to $1,000, or shall be prohibited from selling dogs at retail for up to thirty days, or both.  If there is a second offense, the pet dealer shall be subject to a civil penalty of up to $2,500, or a prohibition from selling dogs at retail for up to ninety days, or both.  For a third offense, the pet dealer shall be subject to a civil penalty of up to $5,000 or a prohibition from selling dogs at retail for up to six months, or both.  For a fourth and subsequent offense, the pet dealer shall be subject to a civil penalty of up to $10,000 or a prohibition from selling dogs at retail for up to one year, or both.  For purposes of this section, a violation that occurred over five years prior to the most recent violation shall not be considered.

     §   -18  Care; prior to sale.  (a)  No dog may be offered for sale by a pet dealer to a purchaser until the dog has been examined by a veterinarian licensed in this State.  Each dog shall be examined within five days of receipt of the dog and once every fifteen days thereafter while the dog is in the possession or custody of the pet dealer.  The pet dealer shall provide any sick dog with proper veterinary care without delay.

(b)  Any dog diagnosed with a contagious or infectious disease, illness, or condition shall be caged separately from healthy dogs until a licensed veterinarian determines that the dog is free from contagion or infection.  Any area containing dogs shall meet the following conditions when contagious or infectious dogs are present:

     (1)  The area shall not be used to house other healthy dogs or new arrivals awaiting the required veterinary examination;

     (2)  The area shall not be used for storing open food, containers or bowls, dishes, or other utensils that may come in contact with healthy dogs;

     (3)  The area shall have an exhaust fan that creates air movement from the isolation area with contagious or infectious dogs to an area outside the premises of the pet dealer.  The removal of exhaust air from the isolation area may be accomplished by the use of existing heating and air-conditioning ducts; provided that no exhaust air is permitted to enter or mix with fresh air for use by the general animal population; and

     (4)  Upon removal of all of the contagious or infectious dogs, the area shall be cleaned and disinfected before any healthy dog can be placed in the area.

(c)  If the pet dealer's veterinarian deems the dog to be unfit for purchase due to a disease, illness, or congenital condition, any of which is fatal or that causes, or is likely to cause the dog to unduly suffer, the veterinarian shall humanely euthanize the dog.  The veterinarian shall provide the pet dealer with a written statement why the dog was euthanized.  Otherwise, the pet dealer shall have a veterinarian treat the dog, or may surrender the dog to a humane organization that consents to the receipt.

(d)  In the event a dog is returned to a pet dealer due to illness, disease, or a congenital or hereditary condition requiring veterinary care, the pet dealer shall provide the dog with proper veterinary care.

     §   -19  Notice; dog origin.  Every retail dealer shall post conspicuously on the cage of each dog offered for sale, a notice indicating the state where the dog was bred and brokered.

     §   -20  Notice.  (a)  Every pet dealer shall post conspicuously within close proximity to the cages of dogs offered for sale, a notice containing the following language in one hundred-point type:

"Information on the source of these dogs and veterinary treatments received by these dogs is available for review.  You are entitled to a copy of a statement of consumer rights."

(b)  Every pet dealer, upon request for information regarding a dog, shall immediately provide to prospective purchasers all of the information required to be disclosed to purchasers pursuant to sections    -5 and    -14.

PART II.  DOG BREEDER WARRANTIES

     §   -31  Applicability.  (a)  Every breeder of dogs shall comply with this part.  As used in this part, "dog breeder", or "breeder" means a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of three or more litters or twenty or more dogs during the preceding twelve months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association.

(b)  For the purposes of this part, "purchaser" means any person who purchases a dog from a breeder.

(c)  This part shall not apply to pet dealers regulated under part I, or to publicly operated dog pounds, humane societies, or privately operated pet rescue organizations.

     §   -32  Medical history information.  (a)  Every breeder shall provide to each purchaser of a dog a written disclosure containing all of the following:

     (1)  The breeder's name and address;

     (2)  The date of the dog's birth and the date the breeder received the dog.  If the dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if not known by the breeder;

     (3)  The breed, sex, color, and identifying marks at the time of sale, if any.  If the breed is unknown or mixed, the record shall so indicate;

     (4)  If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known;

     (5)  A record of inoculations and worming treatments administered, if any, to the dog at the time of sale, including dates of administration and the type of vaccine or worming treatment; and

     (6)  A record of any veterinary treatment or medication received by the dog while in the possession of the breeder and either of the following:

         (A)  A statement signed by the breeder at the time of sale that the dog has no known disease or illness and has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale or that is likely to adversely affect the health of the dog in the future; or

         (B)  A record of any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or that is likely to affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness, or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future.  A veterinary statement is not required for intestinal or external parasites unless their presence makes the dog, or is likely to make the dog clinically ill.  The statement shall be valid for seven days following examination of the dog by a veterinarian.

(b)  The written disclosure made pursuant to this section shall be signed by both the breeder certifying the accuracy of the statement and by the purchaser of the dog acknowledging receipt of the statement.

(c)  All medical information required to be disclosed pursuant to this section shall be made orally by the breeder to the purchaser.

(d)  For the purposes of this part, a disease, illness, or congenital or hereditary condition that adversely affects the health of a dog at the time of a sale, or is likely to adversely affect the health of a dog in the future, shall be one that is apparent at the time of sale or that should have been known by the breeder from the history of veterinary treatment disclosed pursuant to this section.

(e)  For the purpose of this part, "nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of the dog to prevent the dog from experiencing pain or discomfort or to correct a condition that would otherwise interfere with the dog's ability to walk, run, jump, or otherwise function in a normal manner.

(f)  For the purposes of this part, "clinically ill" means an illness that is apparent to a veterinarian based on observation, examination, or testing of the dog, or upon a review of the medical records relating to the dog.

     §   -33  Written records; retention.  A breeder shall maintain a written record on the health, status, and disposition of each dog for a period of not less than one year after disposition of the dog.  The record shall also include all of the information that the breeder is required to disclose pursuant to section    -32.

     §   -34  Sale of diseased dogs; prohibited.  Except as provided for in section    -32(a)(6), no breeder shall knowingly sell a dog that is diseased, ill, or has a condition, any one of which requires hospitalization or nonelective surgical procedures.  In lieu of the civil penalties imposed under section    -44, any breeder who violates this section shall be subject to a civil penalty of up to $1,000, or shall be prohibited from selling dogs for up to thirty days, or both.  If there is a second offense, the breeder shall be subject to a civil penalty of up to $2,500, or a prohibition from selling dogs for up to ninety days, or both.  For a third offense, the breeder shall be subject to a civil penalty of up to $5,000, or a prohibition from selling dogs for up to six months, or both.  For a fourth and subsequent offense, the breeder shall be subject to a civil penalty of up to $10,000 or a prohibition from selling dogs for up to one year, or both.  For the purpose of this section, a violation that occurred over five years prior to the most recent violation shall not be considered.

     §   -35  Unlawful practices.  It shall be unlawful for a breeder to fail to do any of the following:

     (1)  Maintain facilities where the dogs are kept in a sanitary condition;

     (2)  Provide dogs with adequate nutrition and potable water;

     (3)  Provide adequate space appropriate to the age, size, weight, and breed of the dog.  For purposes of this paragraph, "adequate space" means sufficient space for the dog to stand up, sit down, and turn about freely using normal body movements, without the dog's head touching the top of the cage or cramping in a lying position;

     (4)  Provide dogs with a rest board, floormat, or similar device that can be maintained in a sanitary condition;

     (5)  Provide dogs with adequate socialization and exercise.  For the purpose of this part, "socialization" means physical contact with other dogs and with human beings;

     (6)  Wash their hands before and after handling each infectious or contagious dog; or

     (7)  Provide veterinary care without delay when necessary.

     §   -36  Wire flooring prohibited.  It shall be unlawful for a breeder to primarily house a dog on wire flooring.

     §   -37  Veterinarian; statement.  (a)  If a licensed veterinarian states in writing that within fifteen days after the purchaser has taken physical possession of a dog following the sale by a breeder, that the dog has become ill due to any illness or disease that existed on, or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this State states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale and the breeder shall provide the purchaser with one of the following remedies at the purchaser's selection:

     (1)  Return the dog to the breeder for a refund of the purchase price and reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the original purchase price of the dog;

     (2)  Exchange the dog for a dog of the purchaser's choice of equivalent value if a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the original purchase price of the dog; or

     (3)  Retain the dog and receive reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed one hundred and fifty per cent of the original purchase price of the dog.

(b)  If the dog has died, regardless of the date of the death of the dog, obtain a refund for the purchase price of the dog plus general excise tax, or a replacement dog of equivalent value of the purchaser's choice, and reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the purchase price of the dog, if any of the following conditions exist:

     (1)  A veterinarian, licensed in this State, states in writing that the dog has died due to an illness or disease that existed within fifteen days after the purchaser obtained physical possession of the dog after the sale by a breeder; or

     (2)  A veterinarian, licensed in this State, states in writing that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a breeder.

(c)  The veterinarian's statement shall contain all of the following information:

     (1)  The purchaser's name and address;

     (2)  The date or dates the dog was examined;

     (3)  The breed and age of the dog, if known;

     (4)  That the veterinarian examined the dog;

     (5)  That the dog has or had disease, illness, or a hereditary or congenital condition, as described in section    -32 that renders it unfit for purchase or resulted in its death; and

     (6)  The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

(d)  If a refund for reasonable veterinary expenses is being requested, the veterinarian's statement shall be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition.

(e)  Refunds and payment of reimbursable expenses provided in section    -37 shall be paid, unless contested, by the breeder to the purchaser no later than ten business days following receipt of the veterinarian's statement or where applicable, no later than ten business days after the date on that the dog is returned to the breeder.

     §   -38  Rebuttable presumption; pre-existing illness.  (a)  There shall be a rebuttable presumption that an illness existed at the time of the sale of a dog if the dog dies within fifteen days of delivery to the purchaser.

(b)  For purposes of section    -37, a finding by a veterinarian of intestinal or external parasites shall not be grounds for declaring a dog unfit for sale unless their presence makes, or is likely to make the dog clinically ill.

(c)  For purposes of section    -37, the value of veterinary services shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of an illness or a congenital or hereditary condition made by the veterinarian and the value of the services is comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian.

     §   -39  Dog purchaser's requirements; remedies.  To obtain the remedies provided for in section    -37, the purchaser shall substantially comply with all of the following requirements:

     (1)  Notify the breeder as soon as possible but no later than five days, of the diagnosis of a dog by a veterinarian licensed in this State of the dog's medical or health problem, including a congenital or hereditary condition and of the name and telephone number of the veterinarian providing the diagnosis;

     (2)  Return the dog to the breeder, in the case of illness or congenital or hereditary condition with a written statement from a veterinarian licensed in this State, stating that the dog is unfit for purchase due to illness, a congenital or hereditary condition, or the presence of symptoms of a contagious or infectious disease that existed on, or before delivery of the dog to the purchaser that adversely affects the health of the dog.  The purchaser shall return the dog along with a copy of the veterinarian's statement as soon as possible but no later than five days of receipt of the veterinarian's statement; and

     (3)  Provide the breeder, in the event of the death of the dog, with a written statement from a veterinarian licensed in this State stating that the dog died from an illness that existed on, or before the delivery of the dog to the purchaser.  The presentation of the statement shall be sufficient proof to claim reimbursement or replacement of the dog.  The return of the deceased dog to the breeder shall not be required.

     §   -40  Disqualification of remedies.  No refund, replacement, or reimbursement of veterinary fees shall be made under section    -37 if any of the following conditions exist:

     (1)  The illness, condition, or death of the dog resulted from maltreatment or neglect or from an injury sustained or an illness or condition contracted subsequent to the delivery of the dog to the purchaser;

     (2)  The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis; provided that this paragraph shall not apply if the cost for the treatment with the veterinarian's fee for the diagnosis exceeds the purchase price of the dog;

     (3)  A veterinarian's statement was provided to the purchaser pursuant to section    -32(a)(6)(B) that disclosed the disease, illness, or, condition for which the purchaser seeks to return the dog; provided that this paragraph shall not apply if, within one year after the purchaser took physical possession of the dog, a veterinarian licensed in this State, states in writing that the disease, illness, or condition requires, or is likely in the future to require, hospitalization or nonelective surgical procedures or that the disease, illness, or condition resulted in the death of the dog; or

     (4)  The purchaser refuses to return to the breeder all documents previously provided to the purchaser for the purpose of registering the dog; provided that this paragraph shall not apply if the purchaser signs a statement certifying that the documents have been inadvertently lost or destroyed.

     §   -41  Examination.  (a)  In the event that a breeder wishes to contest a demand for any of the remedies specified in section    -37, the breeder, except in the case of the death of the dog, may require the purchaser to produce the dog for examination by a licensed veterinarian designated by the breeder.  The breeder shall pay the cost of this examination.

(b)  If the purchaser and the breeder are unable to reach an agreement within ten business days following receipt by the breeder of the veterinarian's statement pursuant to section    -37, or following receipt of the dog for examination by a veterinarian designated by the breeder, whichever is later, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing.

(c)  The prevailing party in the dispute shall have the right to collect reasonable attorney's fees if the other party acted in bad faith in seeking or denying the requested remedy.

     §   -42  Written notice; purchaser.  Every breeder that sells a dog shall provide the purchaser at the time of sale, and a prospective purchaser upon request, with a written notice of rights setting forth the rights provided for under this section.  The notice shall be contained in a separate document.  The written notice of rights shall be in ten-point type.  A copy of the notice shall be signed by the purchaser acknowledging that the purchaser has reviewed the notice.  The notice shall state the following:

"A STATEMENT OF HAWAII LAW GOVERNING THE SALE OF DOGS

The sale of dogs is subject to consumer protection regulation.  In the event that a Hawaii licensed veterinarian states in writing that your dog is unfit for purchase because it became ill due to an illness or disease that existed within fifteen days following delivery to you, or within one year in the case of congenital or hereditary condition, you may choose one of the following:

     (1)  Return your dog and receive a refund of the purchase price and receive reimbursement for reasonable veterinarian fees up to the cost of the dog;

     (2)  Return your dog and receive a dog of your choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinarian fees up to the cost of the dog; or

     (3)  Keep the dog and receive reimbursement for reasonable veterinarian fees up to one hundred and fifty per cent of the original purchase price of the dog.

     In the event your dog dies, you may receive a refund for the purchase price of the dog or a replacement dog of your choice, of equivalent value, and reimbursement for reasonable veterinary fees for the diagnosis and treatment of the dog, if a veterinarian, licensed in this State, states in writing that the dog has died due to an illness or disease that existed within fifteen days after the purchaser obtained physical possession of the dog after the sale by a dog breeder, or states that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a dog breeder.  These fees may not exceed the purchase price of the dog.

     In order to exercise these rights, you must notify the dog breeder as quickly as possible, but no later than five days after learning from your veterinarian that a problem exists.  You must tell the dog breeder about the problem and give the dog breeder the name and telephone number of the veterinarian providing the diagnosis.

     If you are making a claim, you must also present to the dog breeder a written veterinary statement, in a form prescribed by law, that the animal is unfit for purchase and an itemized statement of all veterinary fees related to the claim.  This information must be presented to the dog breeder no later than five days after you have received the written statement from the veterinarian.

     In the event that the dog breeder wishes to contest the statement or the veterinarian's bill, the dog breeder may request that you produce the dog for examination by a licensed veterinarian of the dog breeder's choice.  The dog breeder shall pay the cost of this examination.

     In the event of death, the deceased dog need not be returned to the dog breeder if you submit a statement issued by a licensed veterinarian stating the cause of death.

If the parties cannot resolve the claim within ten business days following receipt of the veterinarian statement or the examination by the dog breeder's veterinarian, whichever event occurs later, you may file an action in a court of competent jurisdiction to resolve the dispute.  If a party acts in bad faith, the other party may collect reasonable attorney's fees.  If the dog breeder does not contest the matter, the dog breeder must make the refund or reimbursement no later than ten business days after receiving the veterinary certification.

     This statement is a summary of key provisions of the consumer remedies available.  Hawaii law also provides safeguards to protect dog breeders from abuse.  If you have questions, obtain a copy of the complete relevant statutes.

NOTE:  This disclosure of rights is a summary of Hawaii law.  The actual statutes are contained in part II of chapter    , Hawaii Revised Statutes."

     This notice shall be contained in a separate document.  The written notice shall be in ten-point type.  The notice shall be signed by the purchaser acknowledging that the purchaser has reviewed the notice.  The dog breeder shall permit persons to review the written notice upon request.

     §   -43  Rights of purchaser.  Nothing in this part shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law.  Nor shall this part in any way limit the breeder and the purchaser from agreeing between themselves upon additional terms and conditions that are not inconsistent with this part; provided that any agreement or contract by a purchaser to waive any rights under this part shall be void and shall be unenforceable.

     §   -44  Penalties.  Except as otherwise specified in this part, any person violating any provision of this part other than section    -34 shall be subject to civil penalty of up to $1,000 per violation."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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