MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Public Health and Human Services
By: Representative Davis
AN ACT TO PROVIDE PROTECTION FOR PURCHASERS OF PET DOGS AND CATS; TO SET FORTH REQUIREMENTS THAT DISCOURAGE THE SALES OF ILL OR DEFECTIVE PET DOGS AND CATS WITHIN THIS STATE; TO PROVIDE THAT DOGS AND CATS TRANSPORTED INTO THIS STATE FOR SALE, OR OFFERED FOR SALE WITHIN THIS STATE, MUST HAVE CERTAIN HEALTH TESTS AND VACCINES; TO REQUIRE THAT A DOG OR CAT OFFERED FOR SALE MUST BE ACCOMPANIED BY A CURRENT OFFICIAL CERTIFICATE OF VETERINARY INSPECTION, A COPY OF WHICH MUST BE GIVEN TO THE PURCHASER OF THE DOG OR CAT; TO PROVIDE REMEDIES FOR THE PURCHASER OF A DOG OR CAT THAT IS SHOWN TO BE UNFIT FOR PURCHASE DUE TO ILLNESS OR DISEASE; TO PROVIDE THAT IF A PET DEALER CONTESTS A DEMAND FOR REMEDIES UNDER THIS ACT, THE DEALER MAY REQUIRE THE PURCHASER TO PRODUCE THE ANIMAL FOR EXAMINATION BY A LICENSED VETERINARIAN DESIGNATED BY THE DEALER; TO REQUIRE THAT EVERY PET DEALER WHO SELLS A PET DOG OR CAT TO A CONSUMER MUST PROVIDE A WRITTEN NOTICE DESCRIBING THE PROTECTIONS AVAILABLE TO THE CONSUMER; TO SET FORTH DEFINITIONS; TO EXEMPT NONPROFIT OR LOCAL GOVERNMENTAL ANIMAL CONTROL OR RESCUE ORGANIZATIONS FROM THE PROVISIONS OF THIS ACT; TO SET FORTH PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It is the intent of the Mississippi State Legislature to protect citizens of this state who purchase pet dogs and cats, by discouraging the sales of ill or defective pet dogs and cats within the state.
(2) The provisions of this act shall be known and may be cited as the Noel Pet Protection Act.
SECTION 2. (1) (a) For each dog transported into the state for sale, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than thirty (30) days and no less than fourteen (14) days before the dog's entry into the state. The official certificate of veterinary inspection certifying compliance with this section must accompany each dog transported into the state for sale.
(b) For each dog offered for sale within the state, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered before the dog is offered for sale in the state, unless the licensed, accredited veterinarian certifies on the official certificate of veterinary inspection that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog. Each dog must receive vaccines and anthelmintics against the following diseases and internal parasites:
(i) Canine distemper;
(ii) Leptospirosis;
(iii) Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the health certificate, which must be administered in this state once before sale);
(iv) Parainfluenza;
(v) Hepatitis;
(vi) Canine parvo;
(vii) Rabies, provided the dog is over three (3) months of age and the inoculation is administered by a licensed veterinarian;
(viii) Roundworms; and
(ix) Hookworms.
If the dog is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the state. If the dog is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before sale within the state.
(2) (a) For each cat transported into the state for sale, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than thirty (30) days and no less than fourteen (14) days before the cat's entry into the state. The official certificate of veterinary inspection certifying compliance with this section must accompany each cat transported into the state for sale.
(b) For each cat offered for sale within the state, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered before the cat is offered for sale in the state, unless the licensed, accredited veterinarian certifies on the official certificate of veterinary inspection that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat. Each cat must receive vaccines and anthelmintics against the following diseases and internal parasites:
(i) Panleukopenia;
(ii) Feline viral rhinotracheitis;
(iii) Calici virus;
(iv) Rabies, if the cat is over three (3) months of age and the inoculation is administered by a licensed veterinarian;
(v) Hookworms; and
(vi) Roundworms.
If the cat is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the state. If the cat is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before sale within the state.
(3) (a) Each dog or cat subject to subsections (1) or (2) must be accompanied by a current official certificate of veterinary inspection at all times while being offered for sale within the state. The examining veterinarian must retain one (1) copy of the official certificate of veterinary inspection on file for at least one (1) year after the date of examination. At the time of sale of the animal, one (1) copy of the official certificate of veterinary inspection must be given to the buyer. The seller must retain one (1) copy of the official certificate of veterinary inspection on record for at least one (1) year after the date of sale.
(b) The term "official certificate of veterinary inspection" means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks. The Mississippi Department of Agriculture and Commerce shall supply the official intrastate certificate of veterinary inspection required by this section for a reasonable fee not to exceed the actual cost of providing the certificate.
(c) The examination of each dog and cat by a veterinarian must take place no more than thirty (30) days before the sale within the state. The examination must include, but not be limited to, a fecal test to determine if the dog or cat is free of internal parasites, including hookworms, roundworms, tapeworms, and whipworms. If the examination warrants, the dog or cat must be treated with a specific anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or cat must be given a broad spectrum anthelmintic. Each dog over six (6) months of age must also be tested for heartworms. Each cat must also be tested for feline leukemia before being offered for sale in the state. All of these tests must be performed by or under the supervision of a licensed veterinarian, and the results of the tests must be listed on the official certificate of veterinary inspection.
(d) All dogs and cats offered for sale and copies of certificates held by the seller and veterinarian are subject to inspection by any agent of the Mississippi Department of Agriculture and Commerce, any agent of the United States Department of Agriculture, or any state or local law enforcement officer.
(4) A person may not transport into the state for sale or offer for sale within the state any dog or cat that is less than eight (8) weeks of age.
(5) If, within fourteen (14) days following the sale by a pet dealer of an animal subject to this section, a licensed veterinarian of the consumer's choosing certifies that, at the time of the sale, the animal was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites, excluding fleas and ticks; or if, within one (1) year following the sale of an animal subject to this section, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or if, within one (1) year following the sale of an animal subject to this section, the breed, sex, or health of such animal is found to have been misrepresented to the consumer, the pet dealer shall afford the consumer the right to choose one (1) of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including the sales tax, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is unfit for purchase under this section and directly related to necessary emergency services and treatment undertaken to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is unfit for purchase under this section and directly related to necessary emergency services and treatment undertaken to relieve suffering; or
(c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for necessary services and treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the certification by the veterinarian.
(6) A consumer may sign a waiver relinquishing his or her right to return the dog or cat for congenital or hereditary disorders. In the case of such waiver, the consumer has forty-eight (48) normal business hours, excluding weekends and holidays, in which to have the animal examined by a licensed veterinarian of the consumer's choosing. If the veterinarian certifies that, at the time of sale, the dog or cat was unfit for purchase due to a congenital or hereditary disorder, the pet dealer must afford the consumer the right to choose one (1) of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including sales tax, but excluding the veterinary costs related to the certification that the dog or cat is unfit; or
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, but not a refund of the veterinary costs related to the certification that the dog or cat is unfit.
(7) A pet dealer may specifically state at the time of sale, in writing to the consumer, the presence of specific congenital or hereditary disorders, in which case the consumer has no right to any refund or exchange for those disorders.
(8) The refund or exchange required by subsections (5) or (6) shall be made by the pet dealer not later than ten (10) business days following receipt of a signed veterinary certification as required in subsections (5) or (6). The consumer must notify the pet dealer within two (2) business days after the veterinarian's determination that the animal is unfit. The written certification of unfitness must be presented to the pet dealer not later than three (3) business days following receipt thereof by the consumer.
(9) An animal may not be determined unfit for sale on account of an injury sustained or illness contracted after the consumer takes possession of the animal. A veterinary finding of intestinal or external parasites is not grounds for declaring a dog or cat unfit for sale unless the animal is clinically ill because of that condition.
(10) If a pet dealer wishes to contest a demand for veterinary expenses, refund, or exchange made by a consumer under this section, the dealer may require the consumer to produce the animal for examination by a licensed veterinarian designated by the dealer. Upon such examination, if the consumer and the dealer are unable to reach an agreement that constitutes one (1) of the options set forth in subsections (5) or (6) within ten (10) business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain reimbursement of veterinary expenses, refund, or exchange.
(11) This section does not in any way limit the rights or remedies that are otherwise available to a consumer under any other law.
(12) Every pet dealer who sells an animal to a consumer must provide the consumer at the time of sale with a written notice, printed or typed, which reads as follows:
It is the consumer's right, under the provisions of House Bill No. 989, 2005 Regular Session, to receive a certificate of veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all vaccines and deworming medications administered to the animal and shall state that the animal has been examined by a Mississippi licensed veterinarian who certifies that, to the best of the veterinarian's knowledge, the animal was found to have been healthy at the time of the veterinary examination. In the event that the consumer purchases the animal and finds it to have been unfit for purchase as provided in House Bill No. 989, 2005 Regular Session, the consumer must notify the pet dealer within two (2) business days of the veterinarian's determination that the animal was unfit. The consumer has the right to retain, return, or exchange the animal and receive reimbursement for certain related veterinary services rendered to the animal, subject to the right of the dealer to have the animal examined by another veterinarian.
(13) (a) Any seller or pet dealer who advertises or otherwise represents that a dog or cat is registered or registerable shall provide the purchaser of the dog or cat with the following information at the time of sale:
(i) The breeder's name and address;
(ii) The name and registration number of the dam and sire of the purchased dog's or cat's litter; and
(iii) The name and address of the pedigree registry organization where the dam and sire are registered.
(b) All documentation necessary to effect the registration of the dog or cat shall be provided by the seller or pet dealer to the owner within forty-five (45) days of the date of sale. The forty-five-day period may be extended by the seller or pet dealer if the dog or cat is being imported from outside the United States by notifying the purchaser in writing of the reason for the extension and a reasonable estimate of the arrival date of the registration documents.
(c) If the seller or pet dealer fails to provide this documentation within forty-five (45) days of the date of sale or fails to notify the purchaser of an extension under paragraph (b) of this subsection, the purchaser may elect one (1) of the following remedies:
(i) Return the dog or cat and receive a full refund of the purchase price, including sales tax.
(ii) Retain the dog or cat and receive a refund from the seller in an amount equal to fifty percent (50%) of the purchase price.
(14) For the purposes of this act, the following terms shall have the definitions set forth in this subsection:
(a) "Business day" means any day which is not a Saturday, Sunday or state or local legal holiday; and
(b) "Pet dealer" means any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of more than two (2) litters, or twenty (20) dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer.
(15) The State Attorney General may bring an action to enjoin any violator of this section from being a pet dealer.
(16) Any animal control or rescue agency of a county or municipality and any nonprofit humane organizations are exempt from the provisions of this section.
(17) A pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered for sale within the state.
(18) A person who violates any provision of this section, upon conviction, shall be guilty of a misdemeanor, punishable by up to one (1) year in the county jail or a fine of Five Thousand Dollars ($5,000.00) or both.
SECTION 3. This act shall take effect and be in force from and after its passage.