0001| HOUSE BILL 565 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| GARY K. KING | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ANIMALS; ENACTING THE PET DEALER ACT; PROVIDING | 0012| RIGHTS AND REMEDIES; ALLOWING LOCAL GOVERNMENTS TO IMPOSE AND | 0013| COLLECT A SURCHARGE ON SALES OF ANIMALS TO COMBAT PET | 0014| OVERPOPULATION; PROVIDING FOR CIVIL PENALTIES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Pet Dealer Act". | 0019| Section 2. DEFINITIONS.--As used in the Pet Dealer Act: | 0020| A. "animal" means a nonhuman; | 0021| B. "clinically ill" means having an illness that is | 0022| apparent to a veterinarian based on observation, examination or | 0023| testing of the animal or upon a review of the veterinary | 0024| records of the animal; | 0025| C. "nonelective surgical procedure" means a | 0001| surgical procedure that is necessary to preserve or restore the | 0002| health of an animal, to prevent the animal from experiencing | 0003| pain or discomfort or to correct a condition that would | 0004| interfere with the animal's ability to function in a normal | 0005| manner; | 0006| D. "person" means an individual, firm, partnership, | 0007| corporation or other business association; | 0008| E. "pet dealer" means a person engaging in the | 0009| business of selling animals at retail; provided, however, that | 0010| "pet dealer" does not include a casual breeder who breeds or | 0011| rears animals on his premises and has not sold, transferred or | 0012| given away more than three litters of animals in the | 0013| immediately preceding year; | 0014| F. "purchase price" includes the gross receipts tax | 0015| paid on the retail price of an animal; | 0016| G. "purchaser" means a person who purchases an | 0017| animal from a pet dealer with the intention of keeping the | 0018| animal as a pet; | 0019| H. "socialization" means an animal has daily | 0020| opportunities for exercise, play and interaction with people | 0021| and other animals; and | 0022| I. "veterinarian" means a person licensed in New | 0023| Mexico to practice veterinary medicine. | 0024| Section 3. RECEIPT FROM COMMON CARRIER.--A pet dealer | 0025| receiving an animal from a common carrier shall transport the | 0001| animal from the common carrier's premises within four hours | 0002| after receipt of notification by the common carrier of the | 0003| completion of shipment and arrival of the animal at the common | 0004| carrier's point of destination. | 0005| Section 4. EXAMINATION.-- | 0006| A. An animal received by a pet dealer shall be | 0007| examined by a veterinarian prior to being placed with other | 0008| animals or within five days of receipt of the animal, whichever | 0009| occurs first, and once every fifteen days thereafter while it | 0010| is in the possession or custody of the pet dealer. | 0011| B. No animal shall be offered for sale by a pet | 0012| dealer until the animal has been examined by a veterinarian. | 0013| C. The pet dealer shall provide a sick animal with | 0014| proper veterinary care without delay. An animal diagnosed with | 0015| a contagious or infectious disease shall be caged separately | 0016| from healthy animals until the veterinarian determines that the | 0017| animal is free from contagion or infection. The isolation area | 0018| in which a contagious or infectious animal is kept shall: | 0019| (1) not be used to house a healthy animal or a | 0020| new arrival waiting for veterinary examination; | 0021| (2) not be used for storing open food | 0022| containers, dishes or utensils that come in contact with | 0023| healthy animals; | 0024| (3) have an exhaust fan that creates air | 0025| movement from the isolation area to an area outside the | 0001| premises; provided that the removal of exhaust air from the | 0002| isolation area may be accomplished by the use of existing | 0003| heating and air conditioning ducts if no exhaust air is | 0004| permitted to enter or mix with fresh air for use by the general | 0005| animal population in the facility; and | 0006| (4) upon removal of a contagious or infectious | 0007| animal, be cleaned and disinfected before a healthy animal is | 0008| placed in the area. | 0009| D. A sick animal shall be treated, euthanized or | 0010| surrendered to a humane organization, veterinarian or animal | 0011| control agency that consents to take the animal. If the | 0012| veterinarian deems the animal unfit for purchase due to disease | 0013| or congenital or hereditary condition, any of which is fatal or | 0014| causes the animal to suffer unduly, the veterinarian may | 0015| humanely euthanize the animal. The veterinarian shall provide | 0016| the pet dealer with a written statement as to why the animal | 0017| was euthanized. | 0018| E. If an animal is returned to a pet dealer due to | 0019| disease, illness or a congenital or hereditary condition | 0020| requiring veterinary care, the pet dealer shall provide the | 0021| animal with proper veterinary care, including the options | 0022| provided in Subsection D of this section. | 0023| Section 5. REQUIREMENTS FOR CARE OF ANIMALS.-- | 0024| A. A pet dealer shall: | 0025| (1) maintain facilities where animals are kept | 0001| in a sanitary condition; | 0002| (2) provide animals with adequate nutrition | 0003| and potable water; | 0004| (3) provide adequate space appropriate to the | 0005| age, size, weight and species or breed of the animal, including | 0006| providing sufficient space for the animal to stand up, to sit | 0007| down and to turn about freely using normal body movements | 0008| without the head touching the top of the cage and to lie in a | 0009| natural position; | 0010| (4) provide animals housed on wire flooring | 0011| with a rest board, floor mat or similar device that can be | 0012| maintained in a sanitary condition; | 0013| (5) provide animals with adequate | 0014| socialization; | 0015| (6) wash hands before and after handling an | 0016| infectious or contagious animal; | 0017| (7) maintain either: | 0018| (a) a fire alarm system that is | 0019| connected to a central reporting station that alerts the local | 0020| fire department in case of fire; or | 0021| (b) a fire suppression sprinkler system; | 0022| and | 0023| (8) provide veterinary care without delay when | 0024| necessary. | 0025| B. A pet dealer shall not purchase or assume | 0001| ownership of a cat or dog that is younger than eight weeks old. | 0002| C. A pet dealer shall not keep an animal longer | 0003| than three months. | 0004| Section 6. RECORDS.--A pet dealer shall keep a written | 0005| record of the sale of each animal for at least two years after | 0006| the date of the sale. The record shall contain all the | 0007| information required to be disclosed by the pet dealer and | 0008| shall be available to animal control officers and law | 0009| enforcement officers for inspection during normal business | 0010| hours. | 0011| Section 7. REPRESENTATION REGARDING ANIMAL'S PEDIGREE | 0012| REGISTRATION.-- | 0013| A. A pet dealer shall not state, promise or | 0014| represent to the purchaser, directly or indirectly, that an | 0015| animal is registered or capable of being registered with an | 0016| animal pedigree registry organization unless the pet dealer | 0017| provides the purchaser with the documents necessary for that | 0018| registration within one hundred twenty days following the sale | 0019| of the animal. | 0020| B. If the pet dealer fails to provide the documents | 0021| necessary for registration, the purchaser, upon written notice | 0022| to the pet dealer, may keep the animal and receive a partial | 0023| refund of seventy-five percent of the purchase price or return | 0024| the animal, along with all documentation previously provided to | 0025| the purchaser, for a full refund. | 0001| Section 8. REGISTRATION NOTICE--DISCLOSURE STATEMENT.-- | 0002| A. A pet dealer that sells registered or | 0003| registrable animals with a pedigree registry shall post | 0004| conspicuously within close proximity to those animals a notice | 0005| that states: "Pedigree registration does not assure proper | 0006| breeding conditions, health, quality or claims to lineage.". | 0007| B. For every animal sold by a pet dealer that is | 0008| sold with the representation that the animal is registered or | 0009| registrable with an animal pedigree registry organization, the | 0010| following fully completed disclosure shall be made by the pet | 0011| dealer orally and in writing on a sheet separate from any other | 0012| statement in substantially the following form: | 0013| "Disclosure by ________________________________________________ | 0014| ANIMAL PEDIGREE REGISTRATION DISCLOSURE | 0015| Description of animal: | 0016| _______________________________________________________________ | 0017| The animal you are purchasing is registered/registrable (circle | 0018| one) with the ________________(enter name of registry). | 0019| Registration means only that ___________________________(enter | 0020| name of registry) maintains information regarding the parentage | 0021| and identity of this animal; it does not guarantee the quality | 0022| or health of this animal, and it does not guarantee quality | 0023| lineage. Since animal pedigree registries may depend on the | 0024| honesty and accuracy of persons registering animals, | 0025| registration does not guarantee the accuracy of the lineage | 0001| recorded or that this animal is a purebred. | 0002| Acknowledged: _____________________________Date: ______________ | 0003| Purchaser's signature". | 0004| C. The disclosure shall be signed and dated by the | 0005| purchaser of the animal, acknowledging receipt of a copy of the | 0006| statement. The pet dealer shall retain a copy of the signed | 0007| disclosure. | 0008| Section 9. INFORMATION DISCLOSURE STATEMENT FOR | 0009| PURCHASER.-- | 0010| A. The pet dealer shall deliver to the purchaser at | 0011| the time of sale a written information disclosure statement in | 0012| a standardized form prescribed by the board of veterinary | 0013| medicine containing the following information: | 0014| (1) the breeder's and broker's names and | 0015| addresses, if known, or, if not known, the source of the | 0016| animal; | 0017| (2) if the person from whom the animal was | 0018| obtained is a pet dealer licensed by the United States | 0019| department of agriculture, the person's name, address and | 0020| federal dealer identification number; | 0021| (3) the date of the animal's birth, unless | 0022| unknown because of the source of the animal, and the date the | 0023| pet dealer received the animal; | 0024| (4) the animal's veterinary record, including | 0025| a record of the immunizations, inoculations and worming | 0001| treatments administered to the animal that specifies the date | 0002| and type of immunization, vaccine or worming treatment and a | 0003| record of any known disease with which the animal is afflicted; | 0004| (5) whether the animal is a purebred, | 0005| registered or registrable animal and, if the animal is being | 0006| sold as such, the names and registration numbers of the sire | 0007| and dam and the litter number, if known; | 0008| (6) the breed, sex, color and identifying | 0009| marks of the animal, if any, and, if the breed is unknown or | 0010| mixed, the record shall indicate that information; | 0011| (7) if the animal is from a United States | 0012| department of agriculture-licensed source, the individual | 0013| identifying tag, tattoo or collar number for the animal; | 0014| (8) for purchasers of cats and dogs, | 0015| information about the pet overpopulation problem in New Mexico | 0016| and the value of spaying and neutering; | 0017| (9) a record of any veterinary treatment or | 0018| medication given to the animal while in the possession of the | 0019| pet dealer; and | 0020| (10) a statement signed by the pet dealer at | 0021| the time of sale that the animal has no known disease and that | 0022| the animal has no known congenital or hereditary condition that | 0023| adversely affects the health of the animal at the time of the | 0024| sale or that is likely to adversely affect the health of the | 0025| animal in the future; or | 0001| (11) if the animal does have a disease or | 0002| congenital or hereditary condition that adversely affects the | 0003| health of the animal at the time of sale or is likely to | 0004| adversely affect the health of the animal in the future, then a | 0005| record of the disease or congenital or hereditary condition and | 0006| a statement signed by a veterinarian that authorizes the sale | 0007| of the animal, recommends necessary treatment, if any, and | 0008| verifies that the disease or congenital or hereditary condition | 0009| does not require hospitalization or a nonelective surgical | 0010| procedure in the future; provided, however, that a | 0011| veterinarian's statement is not required for intestinal or | 0012| external parasites unless their presence makes or is likely to | 0013| make the animal clinically ill. The veterinarian's statement | 0014| is valid for seven days following examination of the animal by | 0015| the veterinarian. | 0016| B. The pet dealer shall orally disclose the | 0017| contents of the written information disclosure statement. | 0018| C. The written information disclosure statement | 0019| shall be signed by the pet dealer certifying the accuracy of | 0020| the statement and by the purchaser acknowledging receipt of the | 0021| written information disclosure statement. | 0022| D. A disease or congenital or hereditary condition | 0023| that adversely affects the health of an animal at the time of | 0024| sale or is likely to adversely affect the health of the animal | 0025| in the future shall be one that is apparent at the time of sale | 0001| or that should have been known by the pet dealer from the | 0002| history of veterinary treatment disclosed pursuant to the | 0003| provisions of this section. | 0004| Section 10. PURCHASER'S REMEDIES AFTER SALE OF UNFIT | 0005| ANIMAL--VETERINARIAN'S STATEMENT--PAYMENTS DEADLINE.-- | 0006| A. An animal shall be considered unfit for sale if | 0007| a veterinarian states in writing that: | 0008| (1) within fifteen days after the purchaser | 0009| has taken physical possession of an animal sold by a pet | 0010| dealer, the animal becomes ill due to a disease that existed in | 0011| the animal before delivery of the animal to the purchaser; or | 0012| (2) within two years after the purchaser takes | 0013| physical possession of the animal, the animal has a congenital | 0014| or hereditary condition that adversely affects the health of | 0015| the animal or requires hospitalization or a nonelective | 0016| surgical procedure. | 0017| B. If an animal is considered unfit for sale, the | 0018| pet dealer shall provide the purchaser with any of the | 0019| following remedies that the purchaser elects: | 0020| (1) return the animal to the pet dealer for a | 0021| refund of the purchase price plus reimbursement for reasonable | 0022| veterinary fees for diagnosis and treatment of the animal, the | 0023| total not to exceed two hundred percent of the purchase price | 0024| of the animal; | 0025| (2) exchange the animal for an animal of the | 0001| purchaser's choice of equivalent value, if a replacement animal | 0002| is available, and reimbursement for reasonable veterinary fees | 0003| for diagnosis and treatment of the animal in an amount not to | 0004| exceed the purchase price of the exchanged animal; or | 0005| (3) keep the animal and be reimbursed for | 0006| reasonable veterinary fees for diagnosis and treatment of the | 0007| animal in an amount not to exceed one hundred fifty percent of | 0008| the purchase price of the animal. | 0009| C. If the animal has died, regardless of the date | 0010| of the death of the animal, the purchaser may obtain a refund | 0011| for the purchase price of the animal or a replacement animal of | 0012| equivalent value of the purchaser's choice and reimbursement | 0013| for reasonable veterinary fees for diagnosis and treatment of | 0014| the animal in an amount not to exceed the purchase price of the | 0015| animal if either of the following conditions exists: | 0016| (1) a veterinarian states in writing that the | 0017| animal has died due to a disease that existed within fifteen | 0018| days after the purchaser obtained physical possession of the | 0019| animal after the sale by a pet dealer; or | 0020| (2) a veterinarian states in writing that the | 0021| animal has died due to a congenital or hereditary condition | 0022| that was diagnosed by the veterinarian within two years after | 0023| the purchaser obtained physical possession of the animal after | 0024| the sale by the pet dealer. | 0025| D. The veterinarian's statement shall contain the | 0001| following information: | 0002| (1) the purchaser's name and address; | 0003| (2) the dates the animal was examined; | 0004| (3) the species or breed and age of the | 0005| animal, if known; | 0006| (4) that the veterinarian physically examined | 0007| the animal; | 0008| (5) that the animal has or had a disease or | 0009| congenital or hereditary condition that rendered it unfit for | 0010| purchase or resulted in its death; and | 0011| (6) the precise findings of the examination or | 0012| necropsy, including laboratory results or copies of laboratory | 0013| results. | 0014| E. If a reimbursement for reasonable veterinary | 0015| fees is being requested, the veterinarian's statement shall be | 0016| accompanied by an itemized bill of fees appropriate for | 0017| diagnosis and treatment of the disease or congenital or | 0018| hereditary condition. | 0019| F. Refunds and payments of reimbursable fees shall | 0020| be paid, unless contested, by the pet dealer to the purchaser | 0021| not later than ten business days following receipt of the | 0022| veterinarian's statement or, if applicable, not later than ten | 0023| business days after the date on which the animal was returned | 0024| to the pet dealer. | 0025| Section 11. PRESUMPTION OF ILLNESS--FEES.-- | 0001| A. A finding by a veterinarian of intestinal or | 0002| external parasites shall not be grounds for declaring an animal | 0003| unfit for sale unless their presence makes or is likely to make | 0004| the animal clinically ill. | 0005| B. The fee for veterinary services shall be deemed | 0006| reasonable if the services rendered are appropriate for the | 0007| diagnosis and treatment of disease or congenital or hereditary | 0008| condition and the fee is similar to fees charged by other | 0009| veterinarians in the locale for similar services. | 0010| Section 12. PROCEDURE TO CONTEST DEMAND FOR REMEDIES.-- | 0011| A. If the pet dealer contests a demand for any of | 0012| the remedies specified in Section 10 of the Pet Dealer Act, the | 0013| pet dealer may, except in the case of the animal's death, | 0014| require the purchaser to produce the animal for examination by | 0015| a veterinarian designated by the pet dealer. The pet dealer | 0016| shall pay the cost of the examination. | 0017| B. If the purchaser and the pet dealer are unable | 0018| to reach an agreement within ten business days following | 0019| receipt by the pet dealer of the veterinarian's statement | 0020| provided by Section 10 of the Pet Dealer Act, or following | 0021| receipt of the animal for examination by the pet dealer's | 0022| veterinarian, whichever is later, the purchaser may initiate an | 0023| action in a court of competent jurisdiction to resolve the | 0024| dispute or the parties may submit to binding arbitration if | 0025| mutually agreed upon in writing by the parties. | 0001| C. The prevailing party in the dispute may collect | 0002| court costs and reasonable attorney fees only if the court | 0003| finds the other party acted in bad faith. | 0004| Section 13. REQUIREMENTS TO OBTAIN REMEDIES.--To obtain | 0005| the remedies provided for in Section 10 of the Pet Dealer Act, | 0006| the purchaser shall comply substantially with the following | 0007| requirements: | 0008| A. notify the pet dealer as soon as possible but | 0009| not more than five days after the diagnosis by a veterinarian | 0010| of a health problem, including a congenital or hereditary | 0011| condition, and of the name and telephone number of the | 0012| veterinarian providing the diagnosis; | 0013| B. if the animal died, provide the pet dealer with | 0014| a written statement from a veterinarian that the animal died | 0015| from a disease, illness or congenital or hereditary condition | 0016| that existed on or before the delivery of the animal to the | 0017| purchaser. The presentation of the statement shall be | 0018| sufficient proof to claim reimbursement or replacement and the | 0019| return of the deceased animal to the pet dealer is not | 0020| required; and | 0021| C. inform the pet dealer of the remedy chosen | 0022| pursuant to Section 10 of the Pet Dealer Act. | 0023| Section 14. REFUND, REPLACEMENT AND REIMBURSEMENT OF | 0024| VETERINARY FEES--LIMITATIONS.--No refund, replacement or | 0025| reimbursement of veterinary fees shall be made if any of the | 0001| following conditions exist: | 0002| A. the disease or death resulted from maltreatment | 0003| or neglect or from an injury sustained or a disease contracted | 0004| subsequent to the delivery of the animal to the purchaser; | 0005| B. the purchaser fails to carry out the recommended | 0006| treatment prescribed by the examining veterinarian who made the | 0007| initial diagnosis; provided, however, this subsection shall not | 0008| apply if the cost of the treatment together with the veterinary | 0009| fee for the diagnosis would exceed the purchase price of the | 0010| animal; | 0011| C. a veterinarian's statement was provided to the | 0012| purchaser as part of the written information disclosure | 0013| statement that disclosed the disease or congenital or | 0014| hereditary condition for which the purchaser seeks to return | 0015| the animal; provided, however, that this subsection does not | 0016| apply if, within two years after the purchaser takes physical | 0017| possession of the animal, a veterinarian states in writing that | 0018| the disease or congenital or hereditary condition requires or | 0019| is likely in the future to require hospitalization or a | 0020| nonelective surgical procedure or that the disease or | 0021| congenital or hereditary condition resulted in the death of the | 0022| animal; or | 0023| D. the purchaser refuses to return to the pet | 0024| dealer all documents previously provided to the purchaser for | 0025| the purpose of registering the animal; provided, however, this | 0001| subsection does not apply if the purchaser signs a written | 0002| statement certifying that the documents have been inadvertently | 0003| lost or stolen. | 0004| Section 15. WRITTEN NOTICE OF PURCHASER'S RIGHTS.-- | 0005| A. Every pet dealer that sells an animal shall | 0006| provide the purchaser at the time of sale, and a prospective | 0007| purchaser upon request, with a written notice of rights. The | 0008| notice shall be provided as a separate document. The written | 0009| notice of rights shall be signed by the purchaser acknowledging | 0010| that he has reviewed the notice. The notice shall be in | 0011| substantially the following form: | 0012| "A STATEMENT OF NEW MEXICO LAW GOVERNING | 0013| THE SALE OF ANIMALS | 0014| The sale of animals is subject to the provisions of the | 0015| Pet Dealer Act. | 0016| If a veterinarian states in writing that your animal is | 0017| unfit for purchase because it became ill due to a disease that | 0018| existed within fifteen days following delivery to you, or | 0019| within two years in the case of a congenital or hereditary | 0020| condition, you may choose one of the following: | 0021| (1) return your animal and receive a refund of the | 0022| purchase price and receive reimbursement for reasonable | 0023| veterinary fees up to the purchase price of the animal; | 0024| (2) return your animal and receive an animal of | 0025| your choice of equivalent value, if a replacement animal is | 0001| available, and receive reimbursement for reasonable veterinary | 0002| fees up to the purchase price of the exchanged animal; or | 0003| (3) keep your animal and receive reimbursement for | 0004| reasonable veterinary fees up to one hundred fifty percent of | 0005| the original purchase price of the animal. | 0006| If your animal dies, you may receive a refund for the | 0007| purchase price of the animal or a replacement animal of your | 0008| choice of equivalent value. You may also be reimbursed for | 0009| reasonable veterinary fees for the diagnosis and treatment of | 0010| the animal. To obtain available remedies, your veterinarian | 0011| must state in writing that the animal died due to a disease | 0012| that existed within fifteen days after you obtained physical | 0013| possession of the animal after the sale by the pet dealer or | 0014| states that the animal died due to a congenital or hereditary | 0015| condition that was diagnosed by your veterinarian within two | 0016| years after you obtained physical possession of the animal | 0017| after the sale by the pet dealer. The total of refund and | 0018| reimbursement fees may not be more than twice the purchase | 0019| price of the animal. | 0020| To exercise these rights, you must notify the pet dealer | 0021| as quickly as possible but no later than five days after your | 0022| veterinarian informs you that a problem exists. You must tell | 0023| the pet dealer about the problem and give the pet dealer the | 0024| name and telephone number of the veterinarian providing the | 0025| diagnosis. | 0001| If you are making a claim, you must present to the pet | 0002| dealer a written veterinarian's statement, in a form prescribed | 0003| by law, that the animal is unfit for purchase and an itemized | 0004| statement of all veterinary fees related to the claim. This | 0005| information must be presented to the pet dealer no later than | 0006| five days after you receive the written statement from the | 0007| veterinarian. | 0008| If the pet dealer wishes to contest the statement or the | 0009| veterinarian's bill, the pet dealer may request that you | 0010| produce the animal for examination by a veterinarian of the pet | 0011| dealer's choice. The pet dealer shall pay the cost of this | 0012| examination. | 0013| A deceased animal need not be returned to the pet dealer | 0014| if you submit a statement issued by a veterinarian stating the | 0015| cause of death. | 0016| If you and the pet dealer cannot resolve the claim within | 0017| ten business days following receipt of the veterinarian's | 0018| statement or the examination by the pet dealer's veterinarian, | 0019| whichever occurs later, you may file an action in a court of | 0020| competent jurisdiction to resolve the dispute. The court may | 0021| award costs and attorney fees to the prevailing party if the | 0022| court finds that the other party acted in bad faith. If the | 0023| pet dealer does not contest the matter, the pet dealer must | 0024| make the refund or reimbursement no later than ten business | 0025| days after receiving the veterinarian's statement. | 0001| If the pet dealer represented your animal as registrable | 0002| with an animal pedigree registry organization, the pet dealer | 0003| shall provide you with the papers necessary to process the | 0004| registration within one hundred twenty days following the date | 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.". | 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|  |