§ 3921. Sale of a cat, dog, or wolf-hybrid; restitution

(a) If, within seven days following the sale of a cat, dog, or wolf-hybrid by a pet dealer or pet shop, a licensed veterinarian of the consumer's choosing certifies the cat, dog, or wolf-hybrid to be unfit for purchase due to illness or the presence of signs of contagious or infectious disease or if within one year the veterinarian certifies the existence of congenital malformation or hereditary disease, the consumer may act under subdivision (1) of this subsection or, if mutually agreed upon, under subdivision (2) or (3) of this subsection. The consumer shall have the right:

(1) To return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive a full refund of the purchase price, including sales tax and reasonable veterinary fees related to certification under this section. A veterinary finding of intestinal parasites is not grounds for declaring a cat, dog, or wolf-hybrid unfit, nor is an injury or illness sustained subsequent to the consumer taking possession of a cat, dog, or wolf-hybrid.

(2) To return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive an exchange cat, dog, or wolf-hybrid of the consumer's choice of equivalent value and reasonable veterinary costs related to certification under this subsection.

(3) To retain the cat, dog, or wolf-hybrid and receive reimbursement from the pet dealer or pet shop for reasonable veterinary service for the purpose of curing or attempting to cure the cat, dog, or wolf-hybrid. In no case shall this service exceed the purchase price of the cat, dog, or wolf-hybrid. Value of service is reasonable if it compares to similar service rendered by other veterinarians in the area, but in no case may it cover costs not directly related to the certification of unfitness.

(b) The Secretary shall prescribe a form for and the content of the certificate to be used under subsection (a) of this section. The form shall include an identification of the type of cat, dog, or wolf-hybrid, the owner, the date and diagnosis, the treatment recommended, if any, and an estimated cost of the treatment. The form shall also include notice of the provisions of subsection (a) of this section.

(c) Every pet dealer or pet shop who sells a cat, dog, or wolf-hybrid to a consumer shall provide the consumer at the time of sale with the written form prescribed by the Secretary. The notice may be included in a written contract, a certificate of the history of the cat, dog, or wolf-hybrid, or another separate document.

(d) The Secretary shall prescribe by rule other information that shall be provided in writing by the pet dealer or pet shop to the consumer at the time of sale. The information shall include a description of the cat, dog, or wolf-hybrid, including breed and date of purchase; the name, address, and telephone number of the consumer; and the purchase price. Certification of this document occurs when signed by the pet dealer or pet shop.

(e) Refund or reimbursement required under subsection (a) of this section shall be made within ten business days following receipt of the signed veterinary certification. The certification shall be presented to the pet dealer or pet shop within three business days by the consumer. (Added 2013, No. 30, § 6.)