0001| HOUSE BILL 565
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GARY K. KING
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ANIMALS; ENACTING THE PET DEALER ACT; PROVIDING
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0012| RIGHTS AND REMEDIES; ALLOWING LOCAL GOVERNMENTS TO IMPOSE AND
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0013| COLLECT A SURCHARGE ON SALES OF ANIMALS TO COMBAT PET
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0014| OVERPOPULATION; PROVIDING FOR CIVIL PENALTIES.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. SHORT TITLE.--This act may be cited as the
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0018| "Pet Dealer Act".
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0019| Section 2. DEFINITIONS.--As used in the Pet Dealer Act:
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0020| A. "animal" means a nonhuman;
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0021| B. "clinically ill" means having an illness that is
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0022| apparent to a veterinarian based on observation, examination or
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0023| testing of the animal or upon a review of the veterinary
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0024| records of the animal;
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0025| C. "nonelective surgical procedure" means a
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0001| surgical procedure that is necessary to preserve or restore the
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0002| health of an animal, to prevent the animal from experiencing
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0003| pain or discomfort or to correct a condition that would
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0004| interfere with the animal's ability to function in a normal
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0005| manner;
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0006| D. "person" means an individual, firm, partnership,
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0007| corporation or other business association;
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0008| E. "pet dealer" means a person engaging in the
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0009| business of selling animals at retail; provided, however, that
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0010| "pet dealer" does not include a casual breeder who breeds or
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0011| rears animals on his premises and has not sold, transferred or
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0012| given away more than three litters of animals in the
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0013| immediately preceding year;
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0014| F. "purchase price" includes the gross receipts tax
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0015| paid on the retail price of an animal;
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0016| G. "purchaser" means a person who purchases an
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0017| animal from a pet dealer with the intention of keeping the
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0018| animal as a pet;
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0019| H. "socialization" means an animal has daily
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0020| opportunities for exercise, play and interaction with people
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0021| and other animals; and
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0022| I. "veterinarian" means a person licensed in New
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0023| Mexico to practice veterinary medicine.
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0024| Section 3. RECEIPT FROM COMMON CARRIER.--A pet dealer
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0025| receiving an animal from a common carrier shall transport the
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0001| animal from the common carrier's premises within four hours
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0002| after receipt of notification by the common carrier of the
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0003| completion of shipment and arrival of the animal at the common
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0004| carrier's point of destination.
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0005| Section 4. EXAMINATION.--
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0006| A. An animal received by a pet dealer shall be
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0007| examined by a veterinarian prior to being placed with other
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0008| animals or within five days of receipt of the animal, whichever
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0009| occurs first, and once every fifteen days thereafter while it
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0010| is in the possession or custody of the pet dealer.
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0011| B. No animal shall be offered for sale by a pet
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0012| dealer until the animal has been examined by a veterinarian.
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0013| C. The pet dealer shall provide a sick animal with
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0014| proper veterinary care without delay. An animal diagnosed with
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0015| a contagious or infectious disease shall be caged separately
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0016| from healthy animals until the veterinarian determines that the
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0017| animal is free from contagion or infection. The isolation area
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0018| in which a contagious or infectious animal is kept shall:
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0019| (1) not be used to house a healthy animal or a
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0020| new arrival waiting for veterinary examination;
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0021| (2) not be used for storing open food
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0022| containers, dishes or utensils that come in contact with
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0023| healthy animals;
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0024| (3) have an exhaust fan that creates air
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0025| movement from the isolation area to an area outside the
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0001| premises; provided that the removal of exhaust air from the
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0002| isolation area may be accomplished by the use of existing
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0003| heating and air conditioning ducts if no exhaust air is
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0004| permitted to enter or mix with fresh air for use by the general
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0005| animal population in the facility; and
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0006| (4) upon removal of a contagious or infectious
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0007| animal, be cleaned and disinfected before a healthy animal is
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0008| placed in the area.
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0009| D. A sick animal shall be treated, euthanized or
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0010| surrendered to a humane organization, veterinarian or animal
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0011| control agency that consents to take the animal. If the
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0012| veterinarian deems the animal unfit for purchase due to disease
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0013| or congenital or hereditary condition, any of which is fatal or
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0014| causes the animal to suffer unduly, the veterinarian may
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0015| humanely euthanize the animal. The veterinarian shall provide
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0016| the pet dealer with a written statement as to why the animal
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0017| was euthanized.
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0018| E. If an animal is returned to a pet dealer due to
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0019| disease, illness or a congenital or hereditary condition
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0020| requiring veterinary care, the pet dealer shall provide the
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0021| animal with proper veterinary care, including the options
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0022| provided in Subsection D of this section.
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0023| Section 5. REQUIREMENTS FOR CARE OF ANIMALS.--
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0024| A. A pet dealer shall:
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0025| (1) maintain facilities where animals are kept
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0001| in a sanitary condition;
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0002| (2) provide animals with adequate nutrition
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0003| and potable water;
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0004| (3) provide adequate space appropriate to the
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0005| age, size, weight and species or breed of the animal, including
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0006| providing sufficient space for the animal to stand up, to sit
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0007| down and to turn about freely using normal body movements
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0008| without the head touching the top of the cage and to lie in a
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0009| natural position;
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0010| (4) provide animals housed on wire flooring
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0011| with a rest board, floor mat or similar device that can be
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0012| maintained in a sanitary condition;
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0013| (5) provide animals with adequate
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0014| socialization;
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0015| (6) wash hands before and after handling an
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0016| infectious or contagious animal;
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0017| (7) maintain either:
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0018| (a) a fire alarm system that is
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0019| connected to a central reporting station that alerts the local
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0020| fire department in case of fire; or
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0021| (b) a fire suppression sprinkler system;
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0022| and
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0023| (8) provide veterinary care without delay when
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0024| necessary.
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0025| B. A pet dealer shall not purchase or assume
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0001| ownership of a cat or dog that is younger than eight weeks old.
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0002| C. A pet dealer shall not keep an animal longer
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0003| than three months.
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0004| Section 6. RECORDS.--A pet dealer shall keep a written
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0005| record of the sale of each animal for at least two years after
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0006| the date of the sale. The record shall contain all the
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0007| information required to be disclosed by the pet dealer and
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0008| shall be available to animal control officers and law
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0009| enforcement officers for inspection during normal business
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0010| hours.
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0011| Section 7. REPRESENTATION REGARDING ANIMAL'S PEDIGREE
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0012| REGISTRATION.--
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0013| A. A pet dealer shall not state, promise or
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0014| represent to the purchaser, directly or indirectly, that an
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0015| animal is registered or capable of being registered with an
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0016| animal pedigree registry organization unless the pet dealer
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0017| provides the purchaser with the documents necessary for that
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0018| registration within one hundred twenty days following the sale
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0019| of the animal.
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0020| B. If the pet dealer fails to provide the documents
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0021| necessary for registration, the purchaser, upon written notice
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0022| to the pet dealer, may keep the animal and receive a partial
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0023| refund of seventy-five percent of the purchase price or return
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0024| the animal, along with all documentation previously provided to
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0025| the purchaser, for a full refund.
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0001| Section 8. REGISTRATION NOTICE--DISCLOSURE STATEMENT.--
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0002| A. A pet dealer that sells registered or
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0003| registrable animals with a pedigree registry shall post
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0004| conspicuously within close proximity to those animals a notice
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0005| that states: "Pedigree registration does not assure proper
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0006| breeding conditions, health, quality or claims to lineage.".
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0007| B. For every animal sold by a pet dealer that is
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0008| sold with the representation that the animal is registered or
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0009| registrable with an animal pedigree registry organization, the
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0010| following fully completed disclosure shall be made by the pet
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0011| dealer orally and in writing on a sheet separate from any other
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0012| statement in substantially the following form:
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0013| "Disclosure by ________________________________________________
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0014| ANIMAL PEDIGREE REGISTRATION DISCLOSURE
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0015| Description of animal:
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0016| _______________________________________________________________
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0017| The animal you are purchasing is registered/registrable (circle
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0018| one) with the ________________(enter name of registry).
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0019| Registration means only that ___________________________(enter
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0020| name of registry) maintains information regarding the parentage
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0021| and identity of this animal; it does not guarantee the quality
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0022| or health of this animal, and it does not guarantee quality
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0023| lineage. Since animal pedigree registries may depend on the
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0024| honesty and accuracy of persons registering animals,
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0025| registration does not guarantee the accuracy of the lineage
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0001| recorded or that this animal is a purebred.
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0002| Acknowledged: _____________________________Date: ______________
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0003| Purchaser's signature".
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0004| C. The disclosure shall be signed and dated by the
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0005| purchaser of the animal, acknowledging receipt of a copy of the
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0006| statement. The pet dealer shall retain a copy of the signed
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0007| disclosure.
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0008| Section 9. INFORMATION DISCLOSURE STATEMENT FOR
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0009| PURCHASER.--
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0010| A. The pet dealer shall deliver to the purchaser at
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0011| the time of sale a written information disclosure statement in
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0012| a standardized form prescribed by the board of veterinary
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0013| medicine containing the following information:
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0014| (1) the breeder's and broker's names and
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0015| addresses, if known, or, if not known, the source of the
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0016| animal;
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0017| (2) if the person from whom the animal was
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0018| obtained is a pet dealer licensed by the United States
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0019| department of agriculture, the person's name, address and
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0020| federal dealer identification number;
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0021| (3) the date of the animal's birth, unless
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0022| unknown because of the source of the animal, and the date the
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0023| pet dealer received the animal;
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0024| (4) the animal's veterinary record, including
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0025| a record of the immunizations, inoculations and worming
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0001| treatments administered to the animal that specifies the date
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0002| and type of immunization, vaccine or worming treatment and a
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0003| record of any known disease with which the animal is afflicted;
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0004| (5) whether the animal is a purebred,
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0005| registered or registrable animal and, if the animal is being
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0006| sold as such, the names and registration numbers of the sire
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0007| and dam and the litter number, if known;
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0008| (6) the breed, sex, color and identifying
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0009| marks of the animal, if any, and, if the breed is unknown or
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0010| mixed, the record shall indicate that information;
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0011| (7) if the animal is from a United States
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0012| department of agriculture-licensed source, the individual
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0013| identifying tag, tattoo or collar number for the animal;
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0014| (8) for purchasers of cats and dogs,
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0015| information about the pet overpopulation problem in New Mexico
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0016| and the value of spaying and neutering;
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0017| (9) a record of any veterinary treatment or
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0018| medication given to the animal while in the possession of the
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0019| pet dealer; and
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0020| (10) a statement signed by the pet dealer at
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0021| the time of sale that the animal has no known disease and that
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0022| the animal has no known congenital or hereditary condition that
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0023| adversely affects the health of the animal at the time of the
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0024| sale or that is likely to adversely affect the health of the
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0025| animal in the future; or
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0001| (11) if the animal does have a disease or
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0002| congenital or hereditary condition that adversely affects the
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0003| health of the animal at the time of sale or is likely to
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0004| adversely affect the health of the animal in the future, then a
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0005| record of the disease or congenital or hereditary condition and
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0006| a statement signed by a veterinarian that authorizes the sale
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0007| of the animal, recommends necessary treatment, if any, and
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0008| verifies that the disease or congenital or hereditary condition
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0009| does not require hospitalization or a nonelective surgical
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0010| procedure in the future; provided, however, that a
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0011| veterinarian's statement is not required for intestinal or
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0012| external parasites unless their presence makes or is likely to
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0013| make the animal clinically ill. The veterinarian's statement
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0014| is valid for seven days following examination of the animal by
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0015| the veterinarian.
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0016| B. The pet dealer shall orally disclose the
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0017| contents of the written information disclosure statement.
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0018| C. The written information disclosure statement
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0019| shall be signed by the pet dealer certifying the accuracy of
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0020| the statement and by the purchaser acknowledging receipt of the
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0021| written information disclosure statement.
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0022| D. A disease or congenital or hereditary condition
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0023| that adversely affects the health of an animal at the time of
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0024| sale or is likely to adversely affect the health of the animal
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0025| in the future shall be one that is apparent at the time of sale
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0001| or that should have been known by the pet dealer from the
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0002| history of veterinary treatment disclosed pursuant to the
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0003| provisions of this section.
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0004| Section 10. PURCHASER'S REMEDIES AFTER SALE OF UNFIT
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0005| ANIMAL--VETERINARIAN'S STATEMENT--PAYMENTS DEADLINE.--
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0006| A. An animal shall be considered unfit for sale if
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0007| a veterinarian states in writing that:
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0008| (1) within fifteen days after the purchaser
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0009| has taken physical possession of an animal sold by a pet
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0010| dealer, the animal becomes ill due to a disease that existed in
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0011| the animal before delivery of the animal to the purchaser; or
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0012| (2) within two years after the purchaser takes
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0013| physical possession of the animal, the animal has a congenital
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0014| or hereditary condition that adversely affects the health of
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0015| the animal or requires hospitalization or a nonelective
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0016| surgical procedure.
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0017| B. If an animal is considered unfit for sale, the
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0018| pet dealer shall provide the purchaser with any of the
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0019| following remedies that the purchaser elects:
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0020| (1) return the animal to the pet dealer for a
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0021| refund of the purchase price plus reimbursement for reasonable
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0022| veterinary fees for diagnosis and treatment of the animal, the
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0023| total not to exceed two hundred percent of the purchase price
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0024| of the animal;
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0025| (2) exchange the animal for an animal of the
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0001| purchaser's choice of equivalent value, if a replacement animal
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0002| is available, and reimbursement for reasonable veterinary fees
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0003| for diagnosis and treatment of the animal in an amount not to
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0004| exceed the purchase price of the exchanged animal; or
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0005| (3) keep the animal and be reimbursed for
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0006| reasonable veterinary fees for diagnosis and treatment of the
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0007| animal in an amount not to exceed one hundred fifty percent of
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0008| the purchase price of the animal.
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0009| C. If the animal has died, regardless of the date
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0010| of the death of the animal, the purchaser may obtain a refund
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0011| for the purchase price of the animal or a replacement animal of
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0012| equivalent value of the purchaser's choice and reimbursement
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0013| for reasonable veterinary fees for diagnosis and treatment of
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0014| the animal in an amount not to exceed the purchase price of the
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0015| animal if either of the following conditions exists:
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0016| (1) a veterinarian states in writing that the
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0017| animal has died due to a disease that existed within fifteen
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0018| days after the purchaser obtained physical possession of the
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0019| animal after the sale by a pet dealer; or
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0020| (2) a veterinarian states in writing that the
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0021| animal has died due to a congenital or hereditary condition
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0022| that was diagnosed by the veterinarian within two years after
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0023| the purchaser obtained physical possession of the animal after
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0024| the sale by the pet dealer.
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0025| D. The veterinarian's statement shall contain the
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0001| following information:
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0002| (1) the purchaser's name and address;
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0003| (2) the dates the animal was examined;
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0004| (3) the species or breed and age of the
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0005| animal, if known;
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0006| (4) that the veterinarian physically examined
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0007| the animal;
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0008| (5) that the animal has or had a disease or
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0009| congenital or hereditary condition that rendered it unfit for
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0010| purchase or resulted in its death; and
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0011| (6) the precise findings of the examination or
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0012| necropsy, including laboratory results or copies of laboratory
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0013| results.
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0014| E. If a reimbursement for reasonable veterinary
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0015| fees is being requested, the veterinarian's statement shall be
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0016| accompanied by an itemized bill of fees appropriate for
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0017| diagnosis and treatment of the disease or congenital or
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0018| hereditary condition.
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0019| F. Refunds and payments of reimbursable fees shall
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0020| be paid, unless contested, by the pet dealer to the purchaser
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0021| not later than ten business days following receipt of the
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0022| veterinarian's statement or, if applicable, not later than ten
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0023| business days after the date on which the animal was returned
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0024| to the pet dealer.
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0025| Section 11. PRESUMPTION OF ILLNESS--FEES.--
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0001| A. A finding by a veterinarian of intestinal or
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0002| external parasites shall not be grounds for declaring an animal
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0003| unfit for sale unless their presence makes or is likely to make
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0004| the animal clinically ill.
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0005| B. The fee for veterinary services shall be deemed
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0006| reasonable if the services rendered are appropriate for the
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0007| diagnosis and treatment of disease or congenital or hereditary
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0008| condition and the fee is similar to fees charged by other
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0009| veterinarians in the locale for similar services.
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0010| Section 12. PROCEDURE TO CONTEST DEMAND FOR REMEDIES.--
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0011| A. If the pet dealer contests a demand for any of
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0012| the remedies specified in Section 10 of the Pet Dealer Act, the
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0013| pet dealer may, except in the case of the animal's death,
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0014| require the purchaser to produce the animal for examination by
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0015| a veterinarian designated by the pet dealer. The pet dealer
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0016| shall pay the cost of the examination.
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0017| B. If the purchaser and the pet dealer are unable
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0018| to reach an agreement within ten business days following
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0019| receipt by the pet dealer of the veterinarian's statement
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0020| provided by Section 10 of the Pet Dealer Act, or following
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0021| receipt of the animal for examination by the pet dealer's
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0022| veterinarian, whichever is later, the purchaser may initiate an
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0023| action in a court of competent jurisdiction to resolve the
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0024| dispute or the parties may submit to binding arbitration if
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0025| mutually agreed upon in writing by the parties.
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0001| C. The prevailing party in the dispute may collect
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0002| court costs and reasonable attorney fees only if the court
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0003| finds the other party acted in bad faith.
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0004| Section 13. REQUIREMENTS TO OBTAIN REMEDIES.--To obtain
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0005| the remedies provided for in Section 10 of the Pet Dealer Act,
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0006| the purchaser shall comply substantially with the following
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0007| requirements:
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0008| A. notify the pet dealer as soon as possible but
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0009| not more than five days after the diagnosis by a veterinarian
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0010| of a health problem, including a congenital or hereditary
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0011| condition, and of the name and telephone number of the
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0012| veterinarian providing the diagnosis;
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0013| B. if the animal died, provide the pet dealer with
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0014| a written statement from a veterinarian that the animal died
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0015| from a disease, illness or congenital or hereditary condition
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0016| that existed on or before the delivery of the animal to the
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0017| purchaser. The presentation of the statement shall be
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0018| sufficient proof to claim reimbursement or replacement and the
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0019| return of the deceased animal to the pet dealer is not
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0020| required; and
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0021| C. inform the pet dealer of the remedy chosen
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0022| pursuant to Section 10 of the Pet Dealer Act.
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0023| Section 14. REFUND, REPLACEMENT AND REIMBURSEMENT OF
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0024| VETERINARY FEES--LIMITATIONS.--No refund, replacement or
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0025| reimbursement of veterinary fees shall be made if any of the
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0001| following conditions exist:
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0002| A. the disease or death resulted from maltreatment
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0003| or neglect or from an injury sustained or a disease contracted
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0004| subsequent to the delivery of the animal to the purchaser;
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0005| B. the purchaser fails to carry out the recommended
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0006| treatment prescribed by the examining veterinarian who made the
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0007| initial diagnosis; provided, however, this subsection shall not
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0008| apply if the cost of the treatment together with the veterinary
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0009| fee for the diagnosis would exceed the purchase price of the
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0010| animal;
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0011| C. a veterinarian's statement was provided to the
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0012| purchaser as part of the written information disclosure
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0013| statement that disclosed the disease or congenital or
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0014| hereditary condition for which the purchaser seeks to return
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0015| the animal; provided, however, that this subsection does not
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0016| apply if, within two years after the purchaser takes physical
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0017| possession of the animal, a veterinarian states in writing that
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0018| the disease or congenital or hereditary condition requires or
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0019| is likely in the future to require hospitalization or a
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0020| nonelective surgical procedure or that the disease or
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0021| congenital or hereditary condition resulted in the death of the
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0022| animal; or
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0023| D. the purchaser refuses to return to the pet
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0024| dealer all documents previously provided to the purchaser for
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0025| the purpose of registering the animal; provided, however, this
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0001| subsection does not apply if the purchaser signs a written
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0002| statement certifying that the documents have been inadvertently
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0003| lost or stolen.
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0004| Section 15. WRITTEN NOTICE OF PURCHASER'S RIGHTS.--
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0005| A. Every pet dealer that sells an animal shall
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0006| provide the purchaser at the time of sale, and a prospective
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0007| purchaser upon request, with a written notice of rights. The
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0008| notice shall be provided as a separate document. The written
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0009| notice of rights shall be signed by the purchaser acknowledging
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0010| that he has reviewed the notice. The notice shall be in
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0011| substantially the following form:
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0012| "A STATEMENT OF NEW MEXICO LAW GOVERNING
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0013| THE SALE OF ANIMALS
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0014| The sale of animals is subject to the provisions of the
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0015| Pet Dealer Act.
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0016| If a veterinarian states in writing that your animal is
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0017| unfit for purchase because it became ill due to a disease that
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0018| existed within fifteen days following delivery to you, or
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0019| within two years in the case of a congenital or hereditary
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0020| condition, you may choose one of the following:
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0021| (1) return your animal and receive a refund of the
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0022| purchase price and receive reimbursement for reasonable
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0023| veterinary fees up to the purchase price of the animal;
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0024| (2) return your animal and receive an animal of
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0025| your choice of equivalent value, if a replacement animal is
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0001| available, and receive reimbursement for reasonable veterinary
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0002| fees up to the purchase price of the exchanged animal; or
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0003| (3) keep your animal and receive reimbursement for
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0004| reasonable veterinary fees up to one hundred fifty percent of
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0005| the original purchase price of the animal.
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0006| If your animal dies, you may receive a refund for the
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0007| purchase price of the animal or a replacement animal of your
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0008| choice of equivalent value. You may also be reimbursed for
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0009| reasonable veterinary fees for the diagnosis and treatment of
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0010| the animal. To obtain available remedies, your veterinarian
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0011| must state in writing that the animal died due to a disease
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0012| that existed within fifteen days after you obtained physical
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0013| possession of the animal after the sale by the pet dealer or
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0014| states that the animal died due to a congenital or hereditary
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0015| condition that was diagnosed by your veterinarian within two
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0016| years after you obtained physical possession of the animal
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0017| after the sale by the pet dealer. The total of refund and
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0018| reimbursement fees may not be more than twice the purchase
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0019| price of the animal.
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0020| To exercise these rights, you must notify the pet dealer
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0021| as quickly as possible but no later than five days after your
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0022| veterinarian informs you that a problem exists. You must tell
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0023| the pet dealer about the problem and give the pet dealer the
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0024| name and telephone number of the veterinarian providing the
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0025| diagnosis.
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0001| If you are making a claim, you must present to the pet
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0002| dealer a written veterinarian's statement, in a form prescribed
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0003| by law, that the animal is unfit for purchase and an itemized
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0004| statement of all veterinary fees related to the claim. This
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0005| information must be presented to the pet dealer no later than
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0006| five days after you receive the written statement from the
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0007| veterinarian.
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0008| If the pet dealer wishes to contest the statement or the
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0009| veterinarian's bill, the pet dealer may request that you
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0010| produce the animal for examination by a veterinarian of the pet
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0011| dealer's choice. The pet dealer shall pay the cost of this
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0012| examination.
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0013| A deceased animal need not be returned to the pet dealer
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0014| if you submit a statement issued by a veterinarian stating the
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0015| cause of death.
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0016| If you and the pet dealer cannot resolve the claim within
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0017| ten business days following receipt of the veterinarian's
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0018| statement or the examination by the pet dealer's veterinarian,
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0019| whichever occurs later, you may file an action in a court of
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0020| competent jurisdiction to resolve the dispute. The court may
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0021| award costs and attorney fees to the prevailing party if the
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0022| court finds that the other party acted in bad faith. If the
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0023| pet dealer does not contest the matter, the pet dealer must
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0024| make the refund or reimbursement no later than ten business
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0025| days after receiving the veterinarian's statement.
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0001| If the pet dealer represented your animal as registrable
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0002| with an animal pedigree registry organization, the pet dealer
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0003| shall provide you with the papers necessary to process the
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0004| registration within one hundred twenty days following the date
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0005| you received the animal. If the pet dealer fails to deliver
|
0006| the papers within the prescribed time, you are entitled to
|
0007| return the animal for a full refund of the purchase price or,
|
0008| if you choose to keep the animal, a refund of seventy-five
|
0009| percent of the purchase price.
|
0010| THIS STATEMENT IS A SUMMARY OF KEY PROVISIONS OF THE
|
0011| CONSUMER PROTECTION REMEDIES AVAILABLE TO YOU. NEW MEXICO LAW
|
0012| ALSO PROVIDES SAFEGUARDS TO PROTECT PET DEALERS. IF YOU HAVE
|
0013| ANY QUESTIONS, OBTAIN A COPY OF THE COMPLETE RELEVANT STATUTES.
|
0014| The pet dealer will discuss other information required by
|
0015| law to be provided to you upon request.".
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0016| B. The pet dealer shall post in a conspicuous
|
0017| location a sign in large print that states that the notice
|
0018| provided for in this section is available to purchasers and
|
0019| potential purchasers upon request.
|
0020| Section 16. REMEDIES NOT EXCLUSIVE.--
|
0021| A. Nothing in the Pet Dealer Act limits the rights
|
0022| and remedies that are otherwise available to a purchaser under
|
0023| any other law, nor shall that act limit the pet dealer and the
|
0024| purchaser from agreeing between themselves on additional terms
|
0025| and conditions that are not inconsistent with that act. An
|
0001| agreement by a purchaser to waive any rights under that act is
|
0002| void.
|
0003| B. Nothing in the Pet Dealer Act limits or
|
0004| authorizes any act or omission that would be a crime under the
|
0005| Criminal Code, Chapter 77 NMSA 1978 or other New Mexico laws.
|
0006| C. Nothing in the Pet Dealer Act shall preclude a
|
0007| person from pursuing relief through the Unfair Practices Act.
|
0008| Section 17. LOCAL GOVERNMENT POWERS NOT LIMITED.--Nothing
|
0009| in the Pet Dealer Act shall affect the governing body of a
|
0010| county or municipality from regulating, restricting or
|
0011| prohibiting the sale or ownership of a particular species or
|
0012| breed of animal.
|
0013| Section 18. SURCHARGE ON SALE OF ANIMAL--LOCAL GOVERNMENT
|
0014| MAY IMPOSE AND COLLECT.--The governing body of a municipality
|
0015| or county may impose and collect a "pet population control
|
0016| surcharge" of not more than ten dollars ($10.00) on the sale of
|
0017| an animal by a pet dealer. The surcharge shall be used by the
|
0018| local governing body for pet population control measures,
|
0019| including paying the costs of spaying or neutering animals and
|
0020| for efforts to educate the public on the effects of pet
|
0021| overpopulation and on measures citizens can take to reduce or
|
0022| eliminate the problem of pet overpopulation.
|
0023| Section 19. VIOLATION OF ACT--CIVIL PENALTIES.--
|
0024| A. A person violating any provision of the Pet
|
0025| Dealer Act shall be liable for a civil penalty of not to exceed
|
0001| one thousand dollars ($1,000) per violation. The civil action
|
0002| may be prosecuted by the district attorney for the county in
|
0003| which the violation occurred.
|
0004| B. Except as otherwise provided in the Pet Dealer
|
0005| Act, no pet dealer shall knowingly sell an animal that has a
|
0006| disease or congenital or hereditary condition that requires
|
0007| hospitalization or nonelective surgical procedures. In
|
0008| addition to the civil penalty imposed pursuant to Subsection A
|
0009| of this section, the pet dealer may be prohibited from selling
|
0010| animals for up to thirty days. For a second offense under this
|
0011| subsection, the pet dealer shall be liable for a civil penalty
|
0012| of up to two thousand five hundred dollars ($2,500) or a
|
0013| prohibition from selling animals for up to ninety days or both.
|
0014| For a third offense under this subsection, the pet dealer shall
|
0015| be liable for a civil penalty of up to five thousand dollars
|
0016| ($5,000) or a prohibition from selling animals for up to six
|
0017| months or both. For a fourth and subsequent offense under this
|
0018| subsection, the pet dealer shall be liable for a civil penalty
|
0019| of up to ten thousand dollars ($10,000) or a prohibition from
|
0020| selling animals for up to one year or both. For purposes of
|
0021| this subsection, a violation that occurred over five years
|
0022| prior to the most recent violation shall not be considered.
|
0023| C. A pet dealer who fails to comply with pedigree
|
0024| registration disclosure requirements shall be liable to the
|
0025| purchaser for civil damages in an amount equal to three times
|
0001| the cost of the animal. Claim for payment pursuant to this
|
0002| subsection shall be made within one year from the date of
|
0003| purchase of the animal. The remedy provided in this subsection
|
0004| shall be in addition to any other remedies or penalties
|
0005| provided in the Pet Dealer Act.
|
0006| Section 20. EFFECTIVE DATE.--The effective date of the
|
0007| provisions of this act is July 1, 1997.
|
0008| State of New Mexico
|
0009| House of Representatives
|
0010|
|
0011| FORTY-THIRD LEGISLATURE
|
0012| FIRST SESSION, 1997
|
0013|
|
0014|
|
0015| March 6, 1997
|
0016|
|
0017|
|
0018| Mr. Speaker:
|
0019|
|
0020| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
|
0021| whom has been referred
|
0022|
|
0023| HOUSE BILL 565
|
0024|
|
0025| has had it under consideration and reports same with
|
0001| recommendation that it DO NOT PASS, but that
|
0002|
|
0003| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
|
0004| SUBSTITUTE FOR HOUSE BILL 565
|
0005|
|
0006| DO PASS, and thence referred to the JUDICIARY
|
0007| COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| Gary King, Chairman
|
0016|
|
0017|
|
0018| Adopted Not Adopted
|
0019|
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022| Date
|
0023|
|
0024| The roll call vote was 6 For 1 Against
|
0025| Yes: 6
|
0001| No: Johnson
|
0002| Excused: Rios, Vigil, Trujillo
|
0003| Absent: None
|
0004|
|
0005| G:\BILLTEXT\BILLW_97\H0565 HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
|
0006| HOUSE BILL 565
|
0007| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0008|
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| AN ACT
|
0016| RELATING TO ANIMALS; ENACTING THE PET DEALER ACT; PROVIDING
|
0017| RIGHTS AND REMEDIES; PROVIDING FOR CIVIL AND CRIMINAL
|
0018| PENALTIES.
|
0019|
|
0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0021| Section 1. SHORT TITLE.--This act may be cited as the
|
0022| "Pet Dealer Act".
|
0023| Section 2. DEFINITIONS.--As used in the Pet Dealer Act:
|
0024| A. "animal" means a nonhuman mammal, reptile or
|
0025| amphibian sold or retained for the purpose of being kept as a
|
0001| pet, but does not include mice and other animals intended as
|
0002| feeder animals;
|
0003| B. "clinically ill" means having an illness that is
|
0004| apparent to a veterinarian based on observation, examination or
|
0005| testing of the animal or upon a review of the veterinary
|
0006| records of the animal;
|
0007| C. "commercial breeder" means a person engaging in
|
0008| the business of breeding animals for sale or exchange in return
|
0009| for a consideration and who harbors intact females for the
|
0010| primary purpose of breeding animals for sale to pet dealers;
|
0011| D. "hobby breeder" means a noncommercial breeder
|
0012| who breeds dogs or cats with the primary purpose of exhibiting
|
0013| or showing them or improving the breed and who does not sell
|
0014| dogs or cats either directly or indirectly to retail or
|
0015| wholesale pet dealers;
|
0016| E. "nonelective surgical procedure" means a
|
0017| surgical procedure that is necessary to preserve or restore the
|
0018| health of an animal, to prevent the animal from experiencing
|
0019| pain or discomfort or to correct a condition that would
|
0020| interfere with the animal's ability to function in a normal
|
0021| manner;
|
0022| F. "person" means an individual, firm, partnership,
|
0023| corporation or other business association;
|
0024| G. "pet dealer" means a person engaging in the
|
0025| business of selling animals as pets, including a commercial
|
0001| breeder;
|
0002| H. "purchase price" includes the gross receipts tax
|
0003| paid on the retail price of an animal;
|
0004| I. "purchaser" means a person who purchases an
|
0005| animal from a pet dealer with the intention of keeping the
|
0006| animal as a pet;
|
0007| J. "socialization" means an animal has daily
|
0008| opportunities for exercise, play or interaction with people and
|
0009| other animals; and
|
0010| K. "veterinarian" means a person licensed in New
|
0011| Mexico to practice veterinary medicine.
|
0012| Section 3. EXEMPTION FROM ACT.--The Pet Dealer Act does
|
0013| not apply to hobby breeders; humane societies; nonprofit
|
0014| organizations performing the function of a humane society;
|
0015| animal control agencies; or that portion of a pet dealer
|
0016| business that offers stray dogs or cats for adoption by the public
|
0017| if the dogs or cats are spayed or neutered prior to sale and the
|
0018| sale is not for profit.
|
0019| Section 4. RECEIPT FROM COMMON CARRIER.--A pet dealer
|
0020| receiving an animal from a common carrier shall transport the
|
0021| animal from the common carrier's premises within a reasonable time
|
0022| after receipt of notification by the common carrier of the
|
0023| completion of shipment and arrival of the animal at the common
|
0024| carrier's point of destination to ensure that the animal's health,
|
0025| safety or life is not at risk.
|
0001| Section 5. EXAMINATIONS--DOGS AND CATS--SICK ANIMALS.--
|
0002| A. A pet dealer who has all dogs and cats examined by
|
0003| a veterinarian prior to being placed with other dogs or cats or
|
0004| within five days of receipt of the dog or cat, whichever occurs
|
0005| first, shall not be subject to payment of full veterinary fees as
|
0006| part of the customer remedies as provided in Section 12 of the Pet
|
0007| Dealer Act. A pet dealer who does not have all dogs and cats
|
0008| examined by a veterinarian prior to being placed with other dogs
|
0009| or cats or within five days of receipt of the dog or cat,
|
0010| whichever occurs first, shall be subject to payment of full
|
0011| veterinary fees as part of customer remedies as provided in
|
0012| Section 12 of the Pet Dealer Act.
|
0013| B. When a pet dealer is found to be offering unfit
|
0014| animals for sale and has been instructed by a municipal or county
|
0015| animal control officer on more than one occasion to seek
|
0016| veterinary care for those animals, the pet dealer shall be
|
0017| required for a period of six months to have his animals inspected
|
0018| by a veterinarian prior to sale or prior to the animal being
|
0019| placed with other animals. After six months, a veterinarian of
|
0020| the animal control officer's choice shall review the frequency of
|
0021| animal illness found during the inspection period and shall
|
0022| determine whether the inspections should continue for another six
|
0023| months.
|
0024| C. The pet dealer shall provide a sick animal with
|
0025| proper veterinary care without delay. An animal diagnosed with a
|
0001| contagious or infectious disease shall be caged separately from
|
0002| healthy animals until the veterinarian determines that the animal
|
0003| is free from contagion or infection. The isolation area in which
|
0004| a contagious or infectious animal is kept shall:
|
0005| (1) not be used to house a healthy animal or a
|
0006| new arrival waiting for veterinary examination;
|
0007| (2) not be used for storing open food
|
0008| containers, dishes or utensils that come in contact with healthy
|
0009| animals;
|
0010| (3) have an exhaust fan that creates air
|
0011| movement from the isolation area to an area outside the premises;
|
0012| provided that the removal of exhaust air from the isolation area
|
0013| may be accomplished by the use of existing heating and air
|
0014| conditioning ducts if no exhaust air is permitted to enter or mix
|
0015| with fresh air for use by the general animal population in the
|
0016| facility; and
|
0017| (4) upon removal of a contagious or infectious
|
0018| animal, be cleaned and disinfected before a healthy animal is
|
0019| placed in the area.
|
0020| D. A sick animal shall be treated, euthanized or
|
0021| surrendered to a humane organization, veterinarian or animal
|
0022| control agency that consents to take the animal. If the
|
0023| veterinarian deems the animal unfit for purchase due to disease or
|
0024| congenital or hereditary condition, any of which is fatal or
|
0025| causes the animal to suffer unduly, the veterinarian may humanely
|
0001| euthanize the animal. The veterinarian shall provide the pet
|
0002| dealer with a written statement as to why the animal was
|
0003| euthanized.
|
0004| E. If an animal is returned by a purchaser to a pet
|
0005| dealer due to disease, illness or a congenital or hereditary
|
0006| condition requiring veterinary care, the pet dealer shall provide
|
0007| the animal with proper veterinary care, including the options
|
0008| provided in Subsection D of this section.
|
0009| Section 6. EUTHANASIA PROCEDURES.--
|
0010| A. A warm-blooded animal, except one held as food for
|
0011| another animal, offered for sale or obtained for sale by a pet
|
0012| dealer may be euthanized only by administering sodium
|
0013| pentobarbital, a sodium pentobarbital derivative or a substance or
|
0014| procedure that acts on the central nervous system and is
|
0015| clinically proven to be humane.
|
0016| B. A lethal solution shall be administered in the
|
0017| following order of preference:
|
0018| (1) by intravenous injection by hypodermic
|
0019| needle;
|
0020| (2) by intraperitoneal injection by hypodermic
|
0021| needle;
|
0022| (3) by intracardial injection by hypodermic
|
0023| needle; or
|
0024| (4) by solution or powder added to food.
|
0025| C. An animal may be tranquilized with an approved
|
0001| humane substance before euthanasia is performed.
|
0002| D. Euthanasia shall be performed by a licensed
|
0003| veterinarian or a lay person who is humane and proficient in the
|
0004| method used.
|
0005| E. An animal shall not be left unattended between the
|
0006| time euthanasia procedures are commenced and the time death
|
0007| occurs, and its body shall not be disposed of until death is
|
0008| confirmed by a qualified person.
|
0009| F. A cold-blooded animal, except one held as food for
|
0010| another animal, offered for sale or obtained for sale by a pet
|
0011| dealer may be euthanized only in accordance with American
|
0012| veterinary medical association standards.
|
0013| G. A district attorney may bring an action to enjoin a
|
0014| violation of this section.
|
0015| Section 7. REQUIREMENTS FOR CARE OF ANIMALS.--
|
0016| A. A pet dealer shall:
|
0017| (1) maintain facilities where animals are kept
|
0018| in a sanitary condition;
|
0019| (2) provide animals with adequate nutrition and
|
0020| potable water;
|
0021| (3) provide adequate space appropriate to the
|
0022| age, size, weight and species or breed of the animal, including
|
0023| providing sufficient space for the animal to stand up, to sit down
|
0024| and to turn about freely using normal body movements without the
|
0025| head touching the top of the cage and to lie in a natural
|
0001| position;
|
0002| (4) provide animals housed on wire flooring with
|
0003| a rest board, floor mat or similar device that can be maintained
|
0004| in a sanitary condition;
|
0005| (5) provide mammals with adequate socialization;
|
0006| (6) wash hands before and after handling an
|
0007| infectious or contagious animal;
|
0008| (7) maintain either:
|
0009| (a) a fire alarm system that is either
|
0010| connected to a central reporting station that alerts the local
|
0011| fire department in case of fire or is connected to a location at
|
0012| which someone is usually present; or
|
0013| (b) a fire suppression sprinkler system;
|
0014| and
|
0015| (8) provide veterinary care without delay when
|
0016| necessary.
|
0017| B. A pet dealer shall not purchase or assume ownership
|
0018| of a dog or cat that is younger than eight weeks old.
|
0019| C. Dogs, cats and primates held by a pet dealer longer
|
0020| than three months shall be exercised twice daily for one hour and
|
0021| inspected by a veterinarian every fifteen days.
|
0022| Section 8. RECORDS.--
|
0023| A. A pet dealer shall keep a written record of the
|
0024| sale of each registered or registrable dog or cat for at least two
|
0025| years after the date of the sale. The record shall contain all
|
0001| the information required to be disclosed by the pet dealer and
|
0002| shall be available to animal control officers and law enforcement
|
0003| officers for inspection during normal business hours.
|
0004| B. For all other animals, a pet dealer shall keep a
|
0005| written record of the source of the animal and the animal's
|
0006| veterinary record.
|
0007| Section 9. REPRESENTATION REGARDING PEDIGREE REGISTRATION.-
|
0008| -
|
0009| A. A pet dealer shall not state, promise or represent
|
0010| to the purchaser, directly or indirectly, that a dog or cat is
|
0011| registered or capable of being registered with a pedigree registry
|
0012| organization unless the pet dealer provides the purchaser with the
|
0013| documents necessary for that registration within one hundred
|
0014| twenty days following the sale of the dog or cat.
|
0015| B. If the pet dealer fails to provide the documents
|
0016| necessary for registration within thirty days of written notice by
|
0017| the purchaser that the purchaser has not received the documents,
|
0018| the purchaser may keep the dog or cat and receive a partial refund
|
0019| of fifty percent of the purchase price or return the dog or cat,
|
0020| along with all documentation previously provided to the purchaser,
|
0021| for a full refund.
|
0022| Section 10. REGISTRATION NOTICE--DISCLOSURE STATEMENT.--
|
0023| A. A pet dealer that sells dogs or cats that are
|
0024| registered or registrable with a pedigree registry shall post
|
0025| conspicuously within close proximity to those dogs or cats a
|
0001| notice that states: "Pedigree registration does not assure
|
0002| proper breeding conditions, health, quality or claims to
|
0003| lineage.".
|
0004| B. For every dog or cat sold by a pet dealer that is
|
0005| sold with the representation that the dog or cat is registered or
|
0006| registrable with a pedigree registry organization, the following
|
0007| fully completed disclosure shall be made by the pet dealer orally
|
0008| and in writing on a sheet separate from any other statement in
|
0009| substantially the following form:
|
0010| "Disclosure by ________________________________________________
|
0011| PEDIGREE REGISTRATION DISCLOSURE
|
0012| Description of dog or cat:
|
0013| _______________________________________________________________
|
0014| The dog or cat you are purchasing is registered/registrable
|
0015| (circle one) with the ________________(enter name of registry).
|
0016| Registration means only that ___________________________(enter
|
0017| name of registry) maintains information regarding the parentage
|
0018| and identity of this dog or cat; it does not guarantee the quality
|
0019| or health of this dog or cat, and it does not guarantee quality
|
0020| lineage. Since pedigree registries may depend on the honesty and
|
0021| accuracy of persons registering dogs or cats, registration does
|
0022| not guarantee the accuracy of the lineage recorded or that this
|
0023| dog or cat is a purebred.
|
0024| Acknowledged: _____________________________Date: ______________
|
0025| Purchaser's signature".
|
0001| C. The disclosure shall be signed and dated by the
|
0002| purchaser of the dog or cat, acknowledging receipt of a copy of
|
0003| the statement. The pet dealer shall retain a copy of the signed
|
0004| disclosure.
|
0005| Section 11. INFORMATION DISCLOSURE STATEMENT FOR
|
0006| PURCHASER.--
|
0007| A. The pet dealer shall deliver to the purchaser at
|
0008| the time of sale a written information disclosure statement in a
|
0009| standardized form prescribed by the board of veterinary medicine
|
0010| containing the following information:
|
0011| (1) the breeder's and broker's names and
|
0012| addresses, if known, or, if not known, the source of the animal;
|
0013| (2) the animal's complete veterinary record,
|
0014| including a record of any veterinary treatment or medication given
|
0015| while the animal was in the possession of the pet dealer;
|
0016| (3) the breed, sex, color and identifying marks
|
0017| of the dog or cat sold and, if the person from whom a dog or cat
|
0018| was obtained is a pet dealer licensed by the United States
|
0019| department of agriculture, the person's name, address and federal
|
0020| dealer identification number;
|
0021| (4) the date of the dog's or cat's birth, unless
|
0022| unknown because of the source of the dog or cat, and the date the
|
0023| pet dealer received the dog or cat;
|
0024| (5) whether the dog or cat is purebred,
|
0025| registered or registrable and, if the dog or cat is being sold as
|
0001| such, the names and registration numbers of the sire and dam and
|
0002| the litter number, if known;
|
0003| (6) if the dog or cat is from a United States
|
0004| department of agriculture-licensed source, the individual
|
0005| identifying tag, tattoo or collar number for the dog or cat;
|
0006| (7) for purchasers of dogs or cats, information
|
0007| provided by reputable humane organizations about the value of
|
0008| spaying and neutering;
|
0009| (8) a statement signed by the pet dealer at the
|
0010| time of sale that the dog or cat has no known disease or has no
|
0011| known congenital or hereditary condition that adversely affects
|
0012| its health at the time of the sale or that is likely to adversely
|
0013| affect its health in the future;
|
0014| (9) if the dog or cat does have a disease or
|
0015| congenital or hereditary condition that adversely affects its
|
0016| health at the time of sale or is likely to adversely affect its
|
0017| health in the future, then a record of the disease or congenital
|
0018| or hereditary condition and a statement signed by a veterinarian
|
0019| that authorizes the sale of the dog or cat, recommends necessary
|
0020| treatment, if any, and verifies that the disease or congenital or
|
0021| hereditary condition does not require hospitalization or a
|
0022| nonelective surgical procedure in the future; provided, however,
|
0023| that a veterinarian's statement is not required for intestinal or
|
0024| external parasites unless their presence makes or is likely to
|
0025| make the dog or cat clinically ill. The veterinarian's statement
|
0001| is valid for seven days following examination of the dog or cat by
|
0002| the veterinarian; and
|
0003| (10) for all other animals:
|
0004| (a) a statement signed by the pet dealer at
|
0005| the time of sale that the animal has no known disease that
|
0006| adversely affects its health at the time of the sale or that is
|
0007| likely to adversely affect its health in the future; and
|
0008| (b) if the animal does have a disease that
|
0009| adversely affects its health at the time of sale or is likely to
|
0010| adversely affect its health in the future, then a record of the
|
0011| disease and a statement signed by a veterinarian that authorizes
|
0012| the sale of the animal, recommends necessary treatment, if any,
|
0013| and verifies that the disease does not require hospitalization or
|
0014| a nonelective surgical procedure in the future; provided, however,
|
0015| that a veterinarian's statement is not required for intestinal or
|
0016| external parasites unless their presence makes or is likely to
|
0017| make the animal clinically ill. The veterinarian's statement is
|
0018| valid for seven days following examination of the animal by the
|
0019| veterinarian.
|
0020| B. The written information disclosure statement shall
|
0021| be signed by the pet dealer certifying the accuracy of the
|
0022| statement and by the purchaser acknowledging receipt of the
|
0023| written information disclosure statement.
|
0024| C. A disease or a congenital or hereditary condition
|
0025| that adversely affects the health of a dog or cat at the time of
|
0001| sale or is likely to adversely affect its health in the future
|
0002| shall be one that is apparent to the pet dealer at the time of
|
0003| sale or that should have been known by the pet dealer from the
|
0004| history of veterinary treatment disclosed pursuant to the
|
0005| provisions of this section.
|
0006| D. For all other animals, a disease that adversely
|
0007| affects the health of the animal at the time of sale or is likely
|
0008| to adversely affect its health in the future shall be one that is
|
0009| apparent to the pet dealer at the time of sale or that should have
|
0010| been known by the pet dealer from the history of veterinary
|
0011| treatment disclosed pursuant to the provisions of this section.
|
0012| Section 12. PURCHASER'S REMEDIES AFTER SALE OF UNFIT DOG OR
|
0013| CAT--VETERINARIAN'S STATEMENT--PAYMENTS DEADLINE.--
|
0014| A. A dog or cat shall be considered unfit for sale if
|
0015| a veterinarian states in writing that:
|
0016| (1) within fifteen days after the purchaser has
|
0017| taken physical possession of the dog or cat sold by a pet dealer,
|
0018| it became ill due to a disease that existed before delivery of the
|
0019| dog or cat to the purchaser; or
|
0020| (2) within six months after the purchaser takes
|
0021| physical possession of the dog or cat, it has a congenital or
|
0022| hereditary condition that adversely affects its health or requires
|
0023| hospitalization or a nonelective surgical procedure related to the
|
0024| congenital or hereditary condition.
|
0025| B. If a dog or cat is considered unfit for sale and
|
0001| veterinary examinations were performed by the pet dealer prior to
|
0002| sale pursuant to Section 5 of the Pet Dealer Act, the pet dealer
|
0003| shall provide the purchaser with any of the following remedies
|
0004| that the purchaser elects:
|
0005| (1) return the dog or cat to the pet dealer for
|
0006| a refund of the purchase price plus reimbursement for reasonable
|
0007| veterinary fees for diagnosis and treatment of the dog or cat not
|
0008| to exceed fifty percent of the purchase price of the dog or cat;
|
0009| (2) exchange the dog or cat for a dog or cat of
|
0010| the purchaser's choice of equivalent value, if a replacement dog
|
0011| or cat is available, and reimbursement for reasonable veterinary
|
0012| fees for diagnosis and treatment of the dog or cat in an amount
|
0013| not to exceed fifty percent of the purchase price of the exchanged
|
0014| dog or cat; or
|
0015| (3) keep the dog or cat and be reimbursed for
|
0016| reasonable veterinary fees for diagnosis and treatment of the dog
|
0017| or cat in an amount not to exceed fifty percent of the purchase
|
0018| price of the dog or cat.
|
0019| C. If a dog or cat is considered unfit for sale and
|
0020| veterinary examinations were not performed by the pet dealer prior
|
0021| to sale pursuant to Section 5 of the Pet Dealer Act, the pet
|
0022| dealer shall provide the purchaser with any of the following
|
0023| remedies that the purchaser elects:
|
0024| (1) return the dog or cat to the pet dealer for
|
0025| a refund of the purchase price plus reimbursement for reasonable
|
0001| veterinary fees for diagnosis and treatment of the dog or cat, the
|
0002| total not to exceed two hundred percent of the purchase price of
|
0003| the dog or cat;
|
0004| (2) exchange the dog or cat for a dog or cat of
|
0005| the purchaser's choice of equivalent value, if a replacement dog
|
0006| or cat is available, and reimbursement for reasonable veterinary
|
0007| fees for diagnosis and treatment of the dog or cat in an amount
|
0008| not to exceed the purchase price of the exchanged dog or cat; or
|
0009| (3) keep the dog or cat and be reimbursed for
|
0010| reasonable veterinary fees for diagnosis and treatment of the dog
|
0011| or cat in an amount not to exceed one hundred percent of the
|
0012| purchase price of the dog or cat.
|
0013| D. If the dog or cat dies and veterinary examinations
|
0014| were performed by the pet dealer prior to sale pursuant to Section
|
0015| 5 of the Pet Dealer Act, the purchaser may obtain a refund for the
|
0016| purchase price of the dog or cat or a replacement dog or cat of
|
0017| equivalent value of the purchaser's choice and reimbursement for
|
0018| reasonable veterinary fees for diagnosis and treatment of the dog
|
0019| or cat in an amount not to exceed fifty percent of the purchase
|
0020| price of the dog or cat.
|
0021| E. If the dog or cat dies and veterinary examinations
|
0022| were not performed by the pet dealer prior to sale pursuant to
|
0023| Section 5 of the Pet Dealer Act, the purchaser may obtain a refund
|
0024| for the purchase price of the dog or cat or a replacement dog or
|
0025| cat of equivalent value of the purchaser's choice and
|
0001| reimbursement for reasonable veterinary fees for diagnosis and
|
0002| treatment of the dog or cat in an amount not to exceed one hundred
|
0003| percent of the purchase price of the dog or cat.
|
0004| F. The veterinarian's statement shall contain the
|
0005| following information:
|
0006| (1) the purchaser's name and address;
|
0007| (2) the dates the dog or cat was examined;
|
0008| (3) the species or breed; color, markings or
|
0009| other identifying characteristics; and age of the dog or cat, if
|
0010| known;
|
0011| (4) that the veterinarian physically examined
|
0012| the dog or cat;
|
0013| (5) that the dog or cat has or had a disease or
|
0014| congenital or hereditary condition that rendered it unfit for
|
0015| purchase or resulted in its death; and
|
0016| (6) the precise findings of the examination or
|
0017| necropsy, including laboratory results or copies of laboratory
|
0018| results.
|
0019| G. If a reimbursement for reasonable veterinary fees
|
0020| is being requested, the veterinarian's statement shall be
|
0021| accompanied by an itemized bill of fees appropriate for diagnosis
|
0022| and treatment of the disease or congenital or hereditary
|
0023| condition.
|
0024| H. Refunds and payments of reimbursable fees shall be
|
0025| paid, unless contested, by the pet dealer to the purchaser not
|
0001| later than ten business days following receipt of the
|
0002| veterinarian's statement or, if applicable, not later than ten
|
0003| business days after the date on which the dog or cat was returned
|
0004| to the pet dealer.
|
0005| Section 13. PURCHASER'S REMEDIES AFTER SALE OF UNFIT ANIMAL
|
0006| OTHER THAN DOG OR CAT--VETERINARIAN'S STATEMENT--PAYMENTS
|
0007| DEADLINE.--
|
0008| A. An animal shall be considered unfit for sale if a
|
0009| veterinarian specially trained in veterinary medicine for that
|
0010| species states in writing that within fifteen days after the
|
0011| purchaser has taken physical possession of the animal sold by a
|
0012| pet dealer, the animal became ill due to a disease that existed in
|
0013| the animal before delivery of the animal to the purchaser.
|
0014| B. If an animal is considered unfit for sale, the pet
|
0015| dealer shall provide the purchaser with any of the following
|
0016| remedies that the purchaser elects:
|
0017| (1) return the animal to the pet dealer for a
|
0018| refund of the purchase price plus reimbursement for reasonable
|
0019| veterinary fees for diagnosis and treatment of the animal, the
|
0020| total not to exceed two hundred percent of the purchase price of
|
0021| the animal;
|
0022| (2) exchange the animal for an animal of the
|
0023| purchaser's choice of equivalent value, if a replacement animal is
|
0024| available, and reimbursement for reasonable veterinary fees for
|
0025| diagnosis and treatment of the animal in an amount not to exceed
|
0001| one hundred percent of the purchase price of the exchanged animal;
|
0002| or
|
0003| (3) keep the animal and be reimbursed for
|
0004| reasonable veterinary fees for diagnosis and treatment of the
|
0005| animal in an amount not to exceed one hundred percent of the
|
0006| purchase price of the animal.
|
0007| C. If the animal dies, the purchaser may obtain a
|
0008| refund for the purchase price of the animal or a replacement
|
0009| animal of equivalent value of the purchaser's choice and
|
0010| reimbursement for reasonable veterinary fees for diagnosis and
|
0011| treatment of the animal in an amount not to exceed one hundred
|
0012| percent of the purchase price of the animal.
|
0013| D. The veterinarian's statement shall contain the
|
0014| following information:
|
0015| (1) the purchaser's name and address;
|
0016| (2) the dates the animal was examined;
|
0017| (3) the species or breed; color, markings or
|
0018| other identifying characteristics; and age of the animal, if
|
0019| known;
|
0020| (4) that the veterinarian physically examined
|
0021| the animal;
|
0022| (5) that the animal has or had a disease that
|
0023| rendered it unfit for purchase or resulted in its death; and
|
0024| (6) the precise findings of the examination or
|
0025| necropsy, including laboratory results or copies of laboratory
|
0001| results.
|
0002| E. If a reimbursement for reasonable veterinary fees
|
0003| is being requested, the veterinarian's statement shall be
|
0004| accompanied by an itemized bill of fees appropriate for diagnosis
|
0005| and treatment of the disease.
|
0006| F. Refunds and payments of reimbursable fees shall be
|
0007| paid, unless contested, by the pet dealer to the purchaser not
|
0008| later than ten business days following receipt of the
|
0009| veterinarian's statement or, if applicable, not later than ten
|
0010| business days after the date on which the animal was returned to
|
0011| the pet dealer.
|
0012| Section 14. UNFIT FOR SALE--PARASITES NOT GROUNDS--FEES.--
|
0013| A. A finding by a veterinarian of intestinal or
|
0014| external parasites shall not be grounds for declaring an animal
|
0015| unfit for sale unless their presence makes or is likely to make
|
0016| the animal clinically ill.
|
0017| B. The fee for veterinary services shall be deemed
|
0018| reasonable if the services rendered are appropriate for the
|
0019| diagnosis and treatment of disease or congenital or hereditary
|
0020| condition and the fee is similar to fees charged by other
|
0021| veterinarians in the locale for similar services.
|
0022| Section 15. PROCEDURE TO CONTEST DEMAND FOR REMEDIES.--
|
0023| A. If the pet dealer contests a demand for any of the
|
0024| remedies specified in Section 12 or 13 of the Pet Dealer Act, the
|
0025| pet dealer may require the purchaser to produce the animal for
|
0001| examination by a veterinarian designated by the pet dealer. The
|
0002| pet dealer shall pay the cost of the examination. If the deceased
|
0003| animal's body is not available for examination, the purchaser may
|
0004| only claim a replacement, not veterinary fees or a refund.
|
0005| B. If the purchaser and the pet dealer are unable to
|
0006| reach an agreement within ten business days following receipt by
|
0007| the pet dealer of the veterinarian's statement provided by Section
|
0008| 12 or 13 of the Pet Dealer Act, or following receipt of the animal
|
0009| for examination by the pet dealer's veterinarian, whichever is
|
0010| later, the purchaser may initiate an action in a court of
|
0011| competent jurisdiction to resolve the dispute or the parties may
|
0012| submit to binding arbitration if mutually agreed upon in writing
|
0013| by the parties.
|
0014| C. The prevailing party in the dispute may collect
|
0015| court costs and reasonable attorney fees only if the court finds
|
0016| the other party acted in bad faith.
|
0017| Section 16. REQUIREMENTS TO OBTAIN REMEDIES.--To obtain the
|
0018| remedies provided for in Section 12 or 13 of the Pet Dealer Act,
|
0019| the purchaser shall comply substantially with the following
|
0020| requirements:
|
0021| A. notify the pet dealer as soon as possible but not
|
0022| more than two days, weekends, holidays and other days the pet
|
0023| dealer is closed excluded, after the diagnosis by a veterinarian
|
0024| of a health problem, including a congenital or hereditary
|
0025| condition of a dog or cat, and of the name and telephone number of
|
0001| the veterinarian providing the diagnosis;
|
0002| B. if the animal died, provide the pet dealer with a
|
0003| written statement from a veterinarian that the animal died from a
|
0004| disease, illness or congenital or hereditary condition that
|
0005| existed on or before the delivery of the animal to the purchaser.
|
0006| The presentation of the statement shall be sufficient proof to
|
0007| claim replacement if the deceased animal's body is not available;
|
0008| and
|
0009| C. inform the pet dealer of the remedy chosen pursuant
|
0010| to Section 12 or 13 of the Pet Dealer Act.
|
0011| Section 17. REFUND, REPLACEMENT AND REIMBURSEMENT OF
|
0012| VETERINARY FEES--LIMITATIONS.--No refund, replacement or
|
0013| reimbursement of veterinary fees shall be made if any of the
|
0014| following conditions exist:
|
0015| A. the disease or death resulted from maltreatment or
|
0016| neglect or from an injury sustained or a disease contracted
|
0017| subsequent to the delivery of the animal to the purchaser;
|
0018| B. the purchaser fails to carry out the recommended
|
0019| treatment prescribed by the examining veterinarian who made the
|
0020| initial diagnosis; provided, however, this subsection shall not
|
0021| apply if the cost of the treatment together with the veterinary
|
0022| fee for the diagnosis would exceed the purchase price of the
|
0023| animal;
|
0024| C. a veterinarian's statement was provided to the
|
0025| purchaser as part of the written information disclosure statement
|
0001| that disclosed the disease or congenital or hereditary condition
|
0002| for which the purchaser seeks to return the animal; provided,
|
0003| however, that this subsection does not apply if, within six months
|
0004| after the purchaser takes physical possession of the animal, a
|
0005| veterinarian states in writing that the disease or congenital or
|
0006| hereditary condition requires or is likely in the future to
|
0007| require hospitalization or a nonelective surgical procedure or
|
0008| that the disease or congenital or hereditary condition resulted in
|
0009| the death of the animal; or
|
0010| D. the purchaser refuses to return to the pet dealer
|
0011| all documents previously provided to the purchaser for the purpose
|
0012| of registering the animal.
|
0013| Section 18. WRITTEN NOTICE OF PURCHASER'S RIGHTS.--
|
0014| A. Every pet dealer that sells an animal shall provide
|
0015| the purchaser at the time of sale, and a prospective purchaser
|
0016| upon request, with a written notice of rights. The notice shall
|
0017| be provided as a separate document. The written notice of rights
|
0018| shall be signed by the purchaser acknowledging that he has
|
0019| reviewed the notice. The notice shall be in substantially the
|
0020| following form:
|
0021| "A STATEMENT OF NEW MEXICO LAW GOVERNING
|
0022| THE SALE OF ANIMALS
|
0023| The sale of animals is subject to the provisions of the Pet
|
0024| Dealer Act.
|
0025| If a veterinarian states in writing that your animal is
|
0001| unfit for purchase because it became ill due to a disease that
|
0002| existed within fifteen days following delivery to you, you may
|
0003| choose one of the following:
|
0004| (1) return your animal and receive a refund of the
|
0005| purchase price and receive reimbursement for reasonable veterinary
|
0006| fees up to the purchase price of the animal;
|
0007| (2) return your animal and receive an animal of your
|
0008| choice of equivalent value, if a replacement animal is available,
|
0009| and receive reimbursement for reasonable veterinary fees up to the
|
0010| purchase price of the exchanged animal; or
|
0011| (3) keep your animal and receive reimbursement for
|
0012| reasonable veterinary fees up to the purchase price of the animal.
|
0013| If the pet dealer had your animal examined prior to sale,
|
0014| you will only be allowed reimbursement of reasonable veterinary
|
0015| fees up to fifty percent of the purchase price of the animal.
|
0016| If your animal dies, you may receive a refund for the
|
0017| purchase price of the animal or a replacement animal of your
|
0018| choice of equivalent value. You may also be reimbursed for
|
0019| reasonable veterinary fees for the diagnosis and treatment of the
|
0020| animal in an amount not to exceed the purchase price of the
|
0021| animal. As provided above, the amount of reimbursement for
|
0022| veterinary fees is contingent on whether the pet dealer had your
|
0023| animal examined by a veterinarian prior to sale.
|
0024| To obtain available remedies, your veterinarian must state
|
0025| in writing that the animal died due to a disease that existed
|
0001| within fifteen days after you obtained physical possession of the
|
0002| animal after the sale by the pet dealer. The total of refund and
|
0003| reimbursement fees may not be more than twice the purchase price
|
0004| of the animal.
|
0005| To exercise these rights, you must notify the pet dealer as
|
0006| quickly as possible but no later than two days, weekends, holidays
|
0007| and other days the pet dealer is closed excluded, after your
|
0008| veterinarian informs you that a problem exists. You must tell the
|
0009| pet dealer about the problem and give the pet dealer the name and
|
0010| telephone number of the veterinarian providing the diagnosis.
|
0011| If you are making a claim, you must present to the pet
|
0012| dealer a written veterinarian's statement, in a form prescribed by
|
0013| law, that the animal is unfit for purchase and an itemized
|
0014| statement of all veterinary fees related to the claim. This
|
0015| information must be presented to the pet dealer no later than two
|
0016| days, weekends, holidays and other days the pet dealer is closed
|
0017| excluded, after you receive the written statement from the
|
0018| veterinarian.
|
0019| If the pet dealer wishes to contest the statement or the
|
0020| veterinarian's bill, the pet dealer may request that you produce
|
0021| the animal for examination by a veterinarian of the pet dealer's
|
0022| choice. The pet dealer shall pay the cost of this examination.
|
0023| A deceased animal need not be returned to the pet dealer if
|
0024| the animal's body is not available; however, in that case, you can
|
0025| only receive a replacement animal.
|
0001| If you purchased a dog or cat and you discovered within six
|
0002| months of purchase that the dog or cat has a congenital or
|
0003| hereditary condition that adversely affects its health, or it
|
0004| requires hospitalization or a nonelective surgical procedure
|
0005| related to the condition, your remedies will be the same as those
|
0006| provided for diseased animals described above.
|
0007| If you and the pet dealer cannot resolve the claim within
|
0008| ten business days following receipt of the veterinarian's
|
0009| statement or the examination by the pet dealer's veterinarian,
|
0010| whichever occurs later, you may file an action in a court of
|
0011| competent jurisdiction to resolve the dispute. The court may
|
0012| award costs and attorney fees to the prevailing party if the court
|
0013| finds that the other party acted in bad faith. If the pet dealer
|
0014| does not contest the matter, the pet dealer must make the refund
|
0015| or reimbursement no later than ten business days after receiving
|
0016| the veterinarian's statement.
|
0017| If the pet dealer represented your dog or cat as registrable
|
0018| with a pedigree registry organization, the pet dealer shall
|
0019| provide you with the papers necessary to process the registration
|
0020| within one hundred twenty days following the date you received the
|
0021| dog or cat. If the pet dealer fails to deliver the papers within
|
0022| the prescribed time, you are entitled to return the dog or cat for
|
0023| a full refund of the purchase price or, if you choose to keep the
|
0024| dog or cat, a refund of fifty percent of the purchase price.
|
0025| THIS STATEMENT IS A SUMMARY OF KEY PROVISIONS OF THE
|
0001| CONSUMER PROTECTION REMEDIES AVAILABLE TO YOU. IT IS NOT AN EXACT
|
0002| REPLICA OF THE LAW. NEW MEXICO LAW ALSO PROVIDES SAFEGUARDS TO
|
0003| PROTECT PET DEALERS. IF YOU HAVE ANY QUESTIONS, OBTAIN A COPY OF
|
0004| THE COMPLETE RELEVANT STATUTES.
|
0005| The pet dealer will discuss other information required by
|
0006| law to be provided to you upon request.".
|
0007| B. The pet dealer shall post in a conspicuous location
|
0008| a sign in large print that states that the notice provided for in
|
0009| this section is available to purchasers and potential purchasers
|
0010| upon request.
|
0011| Section 19. REMEDIES NOT EXCLUSIVE.--
|
0012| A. Nothing in the Pet Dealer Act limits the rights and
|
0013| remedies that are otherwise available to a purchaser under any
|
0014| other law, nor shall that act limit the pet dealer and the
|
0015| purchaser from agreeing between themselves on additional terms and
|
0016| conditions that are not inconsistent with that act. An agreement
|
0017| by a purchaser to waive any rights under that act is void.
|
0018| B. Nothing in the Pet Dealer Act limits or authorizes
|
0019| any act or omission that would be a crime under the Criminal Code,
|
0020| Chapter 77 NMSA 1978 or other New Mexico laws.
|
0021| C. Nothing in the Pet Dealer Act shall preclude a
|
0022| person from pursuing relief through the Unfair Practices Act.
|
0023| Section 20. CRIMINAL PENALTIES.--
|
0024| A. A person who violates Section 4, 5, 6, 8, 9, 11 or
|
0025| 18 or Paragraphs (1) through (4) and (6) through (8) of Subsection
|
0001| A of Section 7 of the Pet Dealer Act is guilty of a misdemeanor
|
0002| and upon conviction shall be sentenced pursuant to the provisions
|
0003| of Section 31-19-1 NMSA 1978.
|
0004| B. If authorized to do so by the municipality or
|
0005| county, a municipal or county animal control officer may appear
|
0006| and prosecute charges pursuant to this section.
|
0007| Section 21. CIVIL PENALTIES.--
|
0008| A. Except as otherwise provided in this subsection, a
|
0009| person violating any provision of the Pet Dealer Act shall be
|
0010| liable for a civil penalty of not to exceed one thousand dollars
|
0011| ($1,000) per violation. The civil action may be prosecuted by the
|
0012| district attorney for the county in which the violation occurred.
|
0013| For the first violation of Paragraph (2) of Subsection A of
|
0014| Section 12 of the Pet Dealer Act, the pet dealer shall be subject
|
0015| to purchaser's remedies only.
|
0016| B. Except as otherwise provided in the Pet Dealer Act,
|
0017| no pet dealer shall knowingly sell an animal that has a disease or
|
0018| a dog or cat that has a congenital or hereditary condition that
|
0019| requires hospitalization or nonelective surgical procedures. In
|
0020| addition to the civil penalty imposed pursuant to Subsection A of
|
0021| this section, the pet dealer may be prohibited from selling
|
0022| animals for up to thirty days. For a second offense under this
|
0023| subsection, the pet dealer shall be liable for a civil penalty of
|
0024| up to two thousand five hundred dollars ($2,500) or a prohibition
|
0025| from selling animals for up to ninety days or both. For a third
|
0001| offense under this subsection, the pet dealer shall be liable for
|
0002| a civil penalty of up to five thousand dollars ($5,000) or a
|
0003| prohibition from selling animals for up to six months or both.
|
0004| For a fourth offense under this subsection, the pet dealer shall
|
0005| be liable for a civil penalty of up to ten thousand dollars
|
0006| ($10,000) and a prohibition from selling animals for a period
|
0007| determined by the court. For purposes of this subsection, a
|
0008| violation that occurred over five years prior to the most recent
|
0009| violation shall not be considered.
|
0010| C. Except as otherwise provided in this subsection, a
|
0011| pet dealer who misrepresents a dog or cat as registered or
|
0012| registrable in violation of Subsection A of Section 9 of the Pet
|
0013| Dealer Act shall be liable to the purchaser for civil damages in
|
0014| an amount equal to two times the cost of the dog or cat. For the
|
0015| first violation of Subsection A of Section 9 of the Pet Dealer
|
0016| Act, the pet dealer shall only provide damages in an amount equal
|
0017| to the purchase price of the animal. Claim for payment pursuant
|
0018| to this subsection shall be made within one year from the date of
|
0019| purchase of the dog or cat. The remedy provided in this
|
0020| subsection shall be in addition to any other remedies or penalties
|
0021| provided in the Pet Dealer Act.
|
0022| Section 22. EFFECTIVE DATE.--The effective date of the
|
0023| provisions of this act is July 1, 1997.
|
0024|
|