senate Bill S2570A

Authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 6 months of the purchase of such animal from a pet dealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 25 / Mar / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 25 / Mar / 2013
    • PRINT NUMBER 2570A
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Enacts "Charlemagne's Law; authorizes a consumer to seek reimbursement for treatment for a unfit cat or dog within 6 months of the purchase of such animal from a pet dealer; provides that, the consumer shall be entitled to reimbursement for all veterinary services related to the condition of the cat or dog which made it unfit for purchase; eliminates the right of a consumer to return for a refund, or return and exchange such unfit cat or dog.

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Bill Details

Versions:
S2570
S2570A
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง753, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S6093B

Sponsor Memo

BILL NUMBER:S2570A

TITLE OF BILL: An act to amend the general business law, in relation
to dogs and cats unfit for purchase due to illness, a congenital
malformation, or symptoms of a contagious or infectious disease

PURPOSE: This legislation will protect consumers and their pets from
the sale of "Puppy Mills."

SUMMARY OF PROVISIONS:

Section one - states that this act shall be known and cited as
"Charlemagne's Law".

Section two - Subdivision 1 of section 753 of the general business
law, as amended by chapter 431 of the laws of 198S, and the opening
paragraph as amended by chapter 68 of the laws of 1993, is amended to
state six months following the sale of an animal subject to this
article or receipt of the written notice required by a veterinarian of
the consumer's choosing, licensed by a state certifies an animal to be
unfit for purchase due to illness, a congenital malformation which
adversely affects the health of the animal, or the presence of
symptoms of a contagious or injections disease the pet dealer will be
responsible to either one of the following:

A.) The right to return the animal and receive a refund of the
purchase price including sales tax and reasonable veterinary costs
directly related to the veterinarian's certification that the animal
is unfit for purchase and the veterinarian's treatment of the animal
for the conditionals that makes the animal unfit for purchase.

B.) The right to return the animal and receive an exchange animal of
the consumer's choice of equivalent value and reasonable veterinary
costs directly related to the veterinarian's certification that the
animal is unfit for purchase and for such veterinarian's treatment of
the animal. The costs of treatment for the animal's illness will be
covered during the lifetime of the animal.

C.) The right to retain the animal and provide reimbursement to the
consumer for veterinary services from a licensed veterinarian of the
consumer's choosing during the lifetime of such animal.

Section three - this act shall take effect on the thirtieth day after
it shall have become a law and shall apply to dogs and cats purchased
from a pet dealer on or after such effective date.

JUSTIFICATION: Puppy mills are large-scale commercial breeding
facilities that sell primarily to retail pet shops or individual
consumers where dogs are bred solely for profit, with no concern for
their physical health or psychological well-being. Most animals in
these facilities are disease ridden and force-bred continuously.

The animals produced at puppy mills are often sold on the internet, in
newspaper ads, through brokers, or through pet stores. Puppy mills are
11Ot covered under the 1966 federal Animal Welfare Act (A W A) and
many of these facilities do not meet those minimal standards for
animal care. At these puppy mills, animals receive minimal veterinary


care, poor quality of food and water, lack of human interaction and
overcrowded cages. In the worst puppy mills, after reaching a certain
age, unwanted animals are euthanized.

For consumers who buy puppies or kittens farmed at pet mills, they
sometimes find that the animal has health problems caused from over
breeding and their pet dies within the first year of purchase. Those
pets that survive from these health issues can have conditions that
require numerous veterinary bills and/or have genetic problems that
may not arise until many years later. These health conditions can
bring emotional and financial burdens onto the pet owner, which may
ultimately cause the pet to be given to a shelter or, worse,
euthanized.

LEGISLATIVE HISTORY: 6/12/12 Print Number 6093B

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This law will take effect on the thirtieth day after
becoming law

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2570--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced by Sens. BALL, SAMPSON -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Consumer Protection
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the general business law, in relation to dogs and cats
  unfit for purchase due to illness, a congenital malformation, or symp-
  toms of a contagious or infectious disease

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Short title. This act shall be known and may be cited as
"Charlemagne's law".
  S 2.  Subdivision 1 of section 753 of the  general  business  law,  as
added by chapter 431 of the laws of 1988, such section as renumbered and
the  opening  paragraph as amended by chapter 68 of the laws of 1993, is
amended to read as follows:
  1. If, within [fourteen business days] SIX MONTHS following  the  sale
of  an  animal  subject to this article or receipt of the written notice
required by section seven hundred fifty-four of this article,  whichever
occurred  last, a veterinarian of the consumer's choosing, licensed by a
state certifies such animal to be unfit for purchase due to  illness,  a
congenital  malformation  which  adversely  affects  the  health  of the
animal, or the presence  of  symptoms  of  a  contagious  or  infectious
disease,  AND  NOTWITHSTANDING  THE PRESENCE OF EVIDENCE INDICATING THAT
THE CONSUMER MAY HAVE MISTREATED THE ANIMAL IN  ANY  MANNER  OR  IF  THE
ANIMAL  HAS BEEN RETURNED FOR NO REASON OTHER THAN A CONDITION DESCRIBED
IN THIS SUBDIVISION the pet dealer shall [afford the consumer the  right
to choose one of the following options:
  (a)  The  right  to  return  the  animal  and  receive a refund of the
purchase price including  sales  tax  and  reasonable  veterinary  costs
directly  related to the veterinarian's certification that the animal is
unfit for purchase pursuant to this section;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07297-02-3

S. 2570--A                          2

  (b) The right to return the animal and to receive an  exchange  animal
of  the  consumer's choice of equivalent value and reasonable veterinary
costs directly related to  the  veterinarian's  certification  that  the
animal is unfit for purchase pursuant to this section; or
  (c)  The right to retain the animal and to receive] PROVIDE reimburse-
ment [from a pet dealer] TO THE CONSUMER for veterinary services from  a
licensed  veterinarian  of  the  consumer's choosing, for the purpose of
curing or attempting to cure the animal  DURING  THE  LIFETIME  OF  SUCH
ANIMAL.  [The reasonable value of reimbursable services rendered to cure
or  attempting to cure the animal shall not exceed the purchase price of
the animal.] The value of such services is reasonable if  comparable  to
the  value  of similar services rendered by other licensed veterinarians
in proximity to the treating veterinarian. [Such reimbursement shall not
include the costs of initial veterinary examination fees and  diagnostic
fees  not  directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section.]
  The commissioner by regulations shall prescribe a form  for,  and  the
content  of,  the  certification  that  an animal is unfit for purchase,
which shall be provided by an examining veterinarian to a consumer  upon
the  examination of an animal which is subject to the provisions of this
section. Such form shall include, but not  be  limited  to,  information
which  identifies  the type of animal, the owner, the date and diagnosis
of the animal, the treatment recommended if any, and an estimate or  the
actual  cost  of such treatment. Such form shall also include the notice
prescribed in section seven hundred forty-three of this article.
  The commissioner by  regulations  shall  prescribe  information  which
shall  be provided in writing by the pet dealer to the consumer upon the
sale of the animal. Such information shall include, but not  be  limited
to,  a description, including breed of the animal, the date of purchase,
the name, address and telephone number of the consumer, and  the  amount
of  the purchase. The pet dealer shall certify such information by sign-
ing the document in which it is contained.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall apply to dogs and cats purchased from a pet
dealer on or after such effective date.

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