S T A T E O F N E W Y O R K
________________________________________________________________________
3410--B
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Consumer Affairs and Protection -- recommitted to the Committee on
Consumer Affairs and Protection in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted 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
amended by chapter 251 of the laws of 2013, is amended to read as
follows:
1. If, within [fourteen business days] THIRTY DAYS 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 or
the presence of symptoms of a contagious or infectious disease, or if,
within one hundred eighty calendar days following such sale or receipt,
whichever occurred last, a licensed veterinarian certifies such animal
to be unfit for purchase due to a congenital malformation which adverse-
ly affects the health of the animal, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03800-05-6
A. 3410--B 2
directly related to the veterinarian's certification that the animal is
unfit for purchase pursuant to this section;
(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 reimbursement from a
pet dealer 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 fifty-four 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.