Finding the Right Pet Dog
California's Puppy Lemon LawThis page includes selected sections from the California Health and Safety Code. The sections are popularly known as "puppy lemon laws" although it covers both cats and dogs of all ages. These sections are current as of February 5, 2004 but are subject to change at any time. Always check to make sure you have the most current version of a law in the California Codes before relying upon it. Please don't write and ask about laws in other states. If I had the information I'd provide it. For laws in other states try Puppy Lemon Law States. Too bad they don't provide a reference to the code or statute number, but at least if you know the law exists you can look for it. And if you need more information on lemon laws take a look at What to do if your Puppy is a lemon It's a sorry thing to think of a sweet puppy as a "lemon" but it still reflects the sour disappointment when that rolly polly ball of fluff turns out to be sick, crippled or with serious behavior problems.
Section 122125.
(a) This article shall be known and may be cited as the
Lockyer-Polanco-Farr Pet Protection Act.
(b) Every pet dealer of dogs and cats shall conform to the
provisions of this article. As used in this article, " pet dealer" means a
person engaging in the business of selling dogs or cats, or both, at retail,
and by virtue of the sales of dogs and cats is required to possess a permit
pursuant to Section 6066 of the Revenue and Taxation Code. For purposes of
this article, the separate sales of dogs or cats from a single litter shall
constitute only one sale under Section 6019 of the Revenue and Taxation Code.
This definition does not apply to breeders of dogs regulated pursuant to Article
1 (commencing with Section 122045) nor to any person, firm, partnership, corporation,
or other association, that breeds or rears dogs on the premises of the person,
firm, partnership, corporation, or other association, that has sold, transferred,
or given away fewer than 50 dogs in the preceding year.
(c) For purposes of this article, "purchaser" means a person
who purchases a dog or cat from a pet dealer without the intent to resell
the animal.
(d) This article shall not apply to publicly operated pounds
and humane societies. 122130. Every pet dealer receiving dogs or cats from
a common carrier shall transport, or have transported, dogs and cats from
the carrier's premises within four hours after receipt of telephone notification
by the carrier of the completion of shipment and arrival of the animal at
the carrier's point of destination.
Section 122135.
All dogs or cats received by a retail dealer shall, prior
to being placed with other dogs or cats, be examined for sickness. Any dog
or cat found to be afflicted with a contagious disease shall be kept caged
separately from healthy animals.
Section 122137.
(a) (1) It is the intent of the Legislature and the purpose
of this section to inform consumers who purchase dogs and cats from retail
pet dealers about the benefits of spaying and neutering and the importance
of establishing a relationship with a veterinarian, and to facilitate dog
licensing by encouraging pet dealers to promote licensure compliance.
(2) The Legislature declares that pet dealers, when feasible,
should offer incentives to purchasers to encourage the use of spaying and
neutering services, and that local animal control agencies should investigate
selling licenses through pet shops, or making licensure applications available
in pet shops, since these businesses already serve a large number of pet owners
through the sale of pet supplies.
(b) Every pet dealer shall deliver to the purchaser of each
dog or cat at the time of sale, written material, in a form determined by
the pet dealer, containing information on the benefits of spaying and neutering.
The written material shall include recommendations on establishing a relationship
with a veterinarian, information on early-age spaying and neutering, the health
benefits associated with spaying and neutering pets, the importance of minimizing
the risk of homeless or unwanted animals, and the need to comply with applicable
license laws.
(c) The delivering of any model materials prepared by the
Pet Industry Joint Advisory Council, the California Animal Control Directors
Association, the State Humane Association of California, and the California
Veterinary Medical Association shall satisfy the requirements of subdivision
(b).
Section 122140.
Every pet dealer shall deliver to the purchaser of each
dog and cat at the time of sale a written statement in a standardized form
prescribed by the Department of Consumer Affairs containing the following
information:
(a) For cats:
(1) The breeder's and broker's name and address, if known,
or if not known, the source of the cat. If the person from whom the cat was
obtained is a dealer licensed by the United States Department of Agriculture,
the person's name, address, and federal dealer identification number.
(2) The date of the cat's birth, unless unknown because
of the source of the cat and the date the dealer received the cat.
(3) A record of the immunizations and worming treatments
administered, if any, to the cat as of the time of sale, including the dates
of administration and the type of vaccine or worming treatment.
(4) A record of any known disease or sickness that the cat
is afflicted with at the time of sale. In addition, this information shall
also be orally disclosed to the purchaser.
(b) For dogs:
(1) The breeder's name and address, if known, or if not
known, the source of the dog. If the person from whom the dog was obtained
is a dealer licensed by the United States Department of Agriculture, the person's
name, address, and federal dealer identification number.
(2) The date of the dog's birth, and the date the dealer
received the dog. If the dog is not advertised or sold as purebred, registered,
or registerable, the date of birth may be approximated if not known by the
seller.
(3) The breed, sex, color, and identifying marks at the
time of sale, if any. If the dog is from a United States Department of Agriculture
licensed source, the individual identifying tag, tattoo, or collar number
for that animal. If the breed is unknown or mixed, the record shall so indicate.
(4) If the dog is being sold as being capable of registration,
the names and registration numbers of the sire and dam, and the litter number,
if known.
(5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of administration
and the type of vaccine or worming treatment.
(6) A record of any veterinarian treatment or medication
received by the dog while in the possession of the pet dealer and either of
the following:
(A) A statement, signed by the pet dealer at the time of
sale, containing all of the following:
(i) The dog has no known disease or illness.
(ii) The dog has no known congenital or hereditary condition
that adversely affects the health of the dog at the time of the sale or that
is likely to adversely affect the health of the dog in the future.
(B) A record of any known disease, illness, and any congenital
or hereditary condition that adversely affects the health of the dog at the
time of sale, or is likely to adversely affect the health of the dog in the
future, along with a statement signed by a veterinarian licensed in the State
of California that authorizes the sale of the dog, recommends necessary treatment,
if any, and verifies that the disease, illness, or condition does not require
hospitalization or nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future. A veterinarian
statement is, not required for intestinal or external parasites unless their
presence makes the dog clinically ill or is likely to make the dog clinically
ill. The statement shall be valid for seven days following examination of
the dog by the veterinarian.
(c) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve or restore
the health of the dog, to prevent the dog from experiencing pain or discomfort,
or to correct a condition that would interfere with the dog's ability to walk,
run, jump, or otherwise function in a normal manner.
(d) For the purposes of this article, "clinically ill" means
an illness that is apparent to a veterinarian based on observation, examination,
or testing of the dog, or upon a review of the medical records relating to
the dog.
(e) A disclosure made pursuant to subdivision (b) shall
be signed by both the pet dealer certifying the accuracy of the statement,
and the purchaser of the dog acknowledging receipt of the statement. In addition,
all medical information required to be disclosed pursuant to subdivision (b)
shall be made orally to the purchaser.
(f) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health of a
dog at the time of sale or is likely to adversely affect the health of the
dog in the future shall be one that is apparent at the time of sale or that
should have been known by the pet dealer from the history of veterinary treatment
disclosed pursuant to this section. 122145. A pet dealer shall maintain a
written record on the health, status, and disposition of each dog and each
cat for a period of not less than one year after disposition of the dog or
cat. The record shall also contain all of the information required to be disclosed
pursuant to Sections 122140 and 122220. Those records shall be available to
humane officers, animal control officers, and law enforcement officers for
inspection during normal business hours.
Section 122150.
(a) Except as otherwise specified herein, any person violating
any provision of this article other than Section 122205 shall be subject to
a civil penalty of up to one thousand dollars ($1,000) per violation. The
action may be prosecuted in the name of the people of the State of California
by the district attorney for the county where the violation occurred in the
appropriate court or by the city attorney in the city where the violation
occurred.
(b) Nothing in this article limits or authorizes any act
or omission that violates Section 597l of the Penal Code.
Section 122155.
(a) It shall be unlawful for a pet dealer to fail to do
any of the following:
(1) Maintain facilities where the dogs are kept in a sanitary
condition.
(2) Provide dogs with adequate nutrition and potable water.
(3) Provide adequate space appropriate to the age, size,
weight, and breed of dog. Adequate space means sufficient space for the dog
to stand up, sit down, and turn about freely using normal body movements,
without the head touching the top of the cage, and to lie in a natural position.
(4) Provide dogs housed on wire flooring with a rest board,
floormat, or similar device that can be maintained in a sanitary condition.
(5) Provide dogs with adequate socialization and exercise.
For the purpose of this article "socialization" means physical contact with
other dogs or with human beings.
(6) Wash hands before and after handling each infectious
or contagious dog.
(7) Maintain either of the following:
(A) A fire alarm system that is connected to a central reporting
station that alerts the local fire department in case of fire.
(B) Maintain a fire suppression sprinkler system.
(8) Provide veterinary care without delay when necessary.
(b) A pet dealer shall not be in possession of a dog that
is less than eight weeks old.
Section 122160.
(a) If a licensed veterinarian states in writing that within
15 days after the purchaser has taken physical possession of the dog after
the sale by a pet dealer, the dog has become ill due to any illness that existed
in the dog on or before delivery of the dog to the purchaser, or, if within
one year after the purchaser has taken physical possession of the dog after
the sale, a veterinarian licensed in this state states in writing that the
dog has a congenital or hereditary condition that adversely affects the health
of the dog, or that requires, or is likely in the future to require, hospitalization
or nonelective surgical procedures, the dog shall be considered unfit for
sale, and the pet dealer shall provide the purchaser with any of the following
remedies that the purchaser elects:
(1) Return the dog to the pet dealer for a refund of the
purchase price, plus sales tax, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed the original
purchase price of the dog, plus sales tax.
(2) Exchange the dog for a dog of the purchaser's choice
of equivalent value, providing a replacement dog is available, and reimbursement
for reasonable veterinary fees for diagnosis and treating the dog in an amount
not to exceed the original purchase price of the dog, plus sales tax.
(3) Retain the dog, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed 150 percent
of the original purchase price of the dog, plus sales tax on the original
purchase price of the dog.
(b) If the dog has died, regardless of the date of the death
of the dog, obtain a refund for the purchase price of the dog, plus sales
tax, or a replacement dog of equivalent value of the purchaser' s choice and
reimbursement for reasonable veterinary fees in diagnosis and treatment of
the dog in an amount not to exceed the original purchase price of the dog,
plus sales tax, if either of the following conditions exist:
(1) A veterinarian, licensed in this state, states in writing
that the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog after the
sale by a pet dealer.
(2) A veterinarian, licensed in this state, states in writing
that the dog has died due to a congenital or hereditary condition that was
diagnosed by the veterinarian within one year after the purchaser obtained
physical possession of the dog after the sale by a pet dealer. 122165. (a)
There shall be a rebuttable presumption that an illness existed at the time
of sale if the animal dies within 15 days of delivery to the purchaser.
(b) For purposes of Section 122160, a finding by a veterinarian
of intestinal or external parasites shall not be grounds for declaring a dog
unfit for sale unless their presence makes the dog clinically ill or is likely
to make the dog clinically ill.
(c) For purposes of Section 122160, the value of veterinary
services shall be deemed reasonable if the services rendered are appropriate
for the diagnosis and treatment of illness or congenital or hereditary condition,
made by the veterinarian and the value of similar services is comparable to
the value of similar services rendered by other licensed veterinarians in
proximity to the treating veterinarian.
Section 122170.
To obtain the remedies provided for in Section 122160, the
purchaser shall substantially comply with all of the following requirements:
(a) Notify the pet dealer as soon as possible but not more
than five days after the diagnosis by a veterinarian licensed in this state
of a medical or health problem, including a congenital or hereditary condition
and of the name and telephone number of the veterinarian providing the diagnosis.
(b) Return the dog to the pet dealer, in the case of illness,
along with a written statement from a veterinarian licensed in this state,
stating the dog to be unfit for purchase due to illness, a congenital or hereditary
condition, or the presence of symptoms of a contagious or infectious disease,
that existed on or before delivery of the dog to the purchaser, and that adversely
affects the health of the dog. The purchaser shall return the dog along with
a copy of the veterinarian's statement as soon as possible but not more than
five days after receipt of the veterinarian's statement.
(c) Provide the pet dealer, in the event of death, with
a written statement from a veterinarian licensed in this state stating that
the dog died from an illness that existed on or before the delivery of the
dog to the purchaser. The presentation of the statement shall be sufficient
proof to claim reimbursement or replacement and the return of the deceased
dog to the pet dealer shall not be required.
Section 122175.
Notwithstanding Section 122160, no refund, replacement,
or reimbursement of veterinary fees shall be made if any of the following
conditions exist:
(a) The illness or death resulted from maltreatment or neglect
or from an injury sustained or an illness contracted subsequent to the delivery
of the dog to the purchaser.
(b) The purchaser fails to carry out the recommended treatment
prescribed by the examining veterinarian who made the initial diagnosis. However,
this subdivision shall not apply if the cost for the treatment together with
the veterinarian's fee for the diagnosis would exceed the purchase price of
the dog, including sales tax.
(c) A veterinarian's statement was provided to the purchaser
pursuant to subparagraph (B) of paragraph (6) of subdivision (b) of Section
122140 that disclosed the disease, illness, or condition for which the purchaser
seeks to return the dog. However, this paragraph shall not apply if, within
one year after the purchaser took physical possession of the dog, a veterinarian
licensed in this state states in writing that the disease, illness, or condition
requires, or is likely in the future to require, hospitalization or nonelective
surgical procedures or that the disease, illness, or condition resulted in
the death of the dog.
(d) The purchaser refuses to return to the pet dealer all
documents previously provided to the purchaser for the purpose of registering
the dog. This subdivision shall not apply if the purchaser signs a written
statement certifying that the documents have been inadvertently lost or destroyed.
Section 122180.
(a) The veterinarian's statement pursuant to Section 122160
shall contain the following information:
(1) The purchaser's name and address.
(2) The date or dates the dog was examined.
(3) The breed and age of the dog, if known.
(4) That the veterinarian examined the dog.
(5) That the dog has or had an illness described in this
section that renders it unfit for purchase or resulted in its death.
(6) The precise findings of the examination or necropsy,
including laboratory results or copies of laboratory reports.
(b) If a refund for reasonable veterinary expenses is being
requested, the veterinary statement shall be accompanied by an itemized bill
of fees appropriate for the diagnosis and treatment of the illness or congenital
or hereditary condition.
(c) Refunds and payment of reimbursable expenses provided
for by Section 122160 shall be paid, unless contested, by the pet dealer to
the purchaser not later than 10 business days following receipt of the veterinarian's
statement required by Section 122160 or, where applicable, not later than
10 business days after the date on which the dog is returned to the pet dealer.
Section 122185.
(a) In the event that a pet dealer wishes to contest a demand
for any of the remedies specified in Section 122160, the dealer may, except
in the case of the death of the dog, require the purchaser to produce the
dog for examination by a licensed veterinarian designated by the pet dealer.
The pet dealer shall pay the cost of this examination.
(b) If the purchaser and the pet dealer are unable to reach
an agreement within 10 business days following receipt by the pet dealer of
the veterinarian's statement pursuant to Section 122160, or following receipt
of the dog for examination by a veterinarian designated by the pet dealer,
whichever is later, the purchaser may initiate an action in a court of competent
jurisdiction to resolve the dispute or the parties may submit to binding arbitration
if mutually agreed upon by the parties in writing.
(c) The prevailing party in the dispute shall have the right
to collect reasonable attorney's fees if the other party acted in bad faith
in seeking or denying the requested remedy.
Section 122190.
Every pet dealer that sells a dog shall provide the purchaser
at the time of sale, and a prospective purchaser upon request, with a written
notice of rights, setting forth the rights provided for under this section.
The notice shall be contained in a separate document. The written notice of
rights shall be in 10-point type. A copy of the written notice of rights shall
be signed by the purchaser acknowledging that he or she has reviewed the notice.
The notice shall state the following: "A STATEMENT OF CALIFORNIA LAW GOVERNING
THE SALE OF DOGS The sale of dogs is subject to consumer protection regulations.
In the event that a California licensed veterinarian states in writing that
your dog is unfit for purchase because it became ill due to an illness or
disease that existed within 15 days following delivery to you, or within one
year in the case of congenital or hereditary condition, you may choose one
of the following:
(1) Return your dog and receive a refund of the purchase
price, plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog plus sales tax.
(2) Return your dog and receive a dog of your choice of
equivalent value, providing a replacement dog is available, and receive reimbursement
for reasonable veterinarian fees up to the cost of the dog, plus sales tax.
(3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of the
dog plus sales tax on the original purchase price of the dog. In the event
your dog dies, you may receive a refund for the purchase price of the dog,
plus sales tax, or a replacement dog of your choice, of equivalent value,
and reimbursement for reasonable veterinary fees for the diagnosis and treatment
of the dog, if a veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the sale
by a pet dealer, or states that the dog has died due to a congenital or hereditary
condition that was diagnosed by the veterinarian within one year after the
purchaser obtained physical possession of the dog after the sale by a pet
dealer. These fees may not exceed the purchase price of the dog, plus sales
tax. In order to exercise these rights, you must notify the pet dealer as
quickly as possible but no later than five days after learning from your veterinarian
that a problem exists. You must tell the pet dealer about the problem and
give the pet dealer the name and telephone number of the veterinarian providing
the diagnosis. If you are making a claim, you must also present to the pet
dealer a written veterinary statement, in a form prescribed by law, that the
animal is unfit for purchase and an itemized statement of all veterinary fees
related to the claim. This information must be presented to the pet dealer
no later than five days after you have received the written statement from
the veterinarian. In the event that the pet dealer wishes to contest the statement
or the veterinarian's bill, the pet dealer may request that you produce the
dog for examination by a licensed veterinarian of the pet dealer's choice.
The pet dealer shall pay the cost of this examination. In the event of death,
the deceased dog need not be returned to the pet dealer if you submit a statement
issued by a licensed veterinarian stating the cause of death. If the parties
cannot resolve the claim within 10 business days following receipt of the
veterinarian statement or the examination by the pet dealer's veterinarian,
whichever event occurs later, you may file an action in a court of competent
jurisdiction to resolve the dispute. If a party acts in bad faith, the other
party may collect reasonable attorney's fees. If the pet dealer does not contest
the matter, the pet dealer must make the refund or reimbursement no later
than 10 business days after receiving the veterinary certification. If the
pet dealer has represented your dog as registerable with a pedigree organization,
the pet dealer shall provide you with the necessary papers to process the
registration within 120 days following the date you received the dog. If the
pet dealer fails to deliver the papers within the prescribed timeframe, you
are entitled to return the dog for a full refund of the purchase price, including
sales tax, or a refund of 75 percent of the purchase price, including sales
tax if you choose to keep the dog. This statement is a summary of key provisions
of the consumer remedies available. California law also provides safeguards
to protect pet dealers from abuse. If you have any questions, obtain a copy
of the complete relevant statutes. This notice shall be contained in a separate
document. The written notice shall be in 10-point type. The notice shall be
signed by the purchaser acknowledging that he or she has reviewed the notice.
The pet dealer shall permit persons to review the written notice upon request.
NOTE: This disclosure of rights is a summary of California law. The actual
statutes are contained in Article 2 (commencing with Section 122125 of Chapter
5 of Part 6 of Division 105 of the Health and Safety Code."
Section 122195.
Nothing in this article shall in any way limit the rights
or remedies that are otherwise available to a consumer under any other law.
Nor shall this article in any way limit the pet dealer and the purchaser from
agreeing between themselves upon additional terms and conditions that are
not inconsistent with this article. However, any agreement or contract by
a purchaser to waive any rights under this article shall be null and void
and shall be unenforceable. 122200. (a) A pet dealer shall not state, promise,
or represent to the purchaser, directly or indirectly, that a dog is registered
or capable of being registered with an animal pedigree registry organization,
unless the pet dealer provides the purchaser with the documents necessary
for that registration within 120 days following the date of sale of the dog.
(b) In the event that a pet dealer fails to provide the
documents necessary for registration within 120 days following the date of
sale, in violation of subdivision (a), the purchaser shall, upon written notice
to the pet dealer, be entitled to retain the animal and receive a partial
refund of 75 percent of the purchase price, plus sales tax, or return the
dog along with all documentation previously provided the purchaser for a full
refund, including sales tax.
Section 122205.
Except as provided for in subparagraph (B) of paragraph
(6) of subdivision (b) of Section 122140, no pet dealer shall knowingly sell
a dog that is diseased, ill, or has a condition, any one of which requires
hospitalization or surgical procedures. In lieu of the civil penalties imposed
pursuant to Section 122150, any pet dealer who violates this section shall
be subject to a civil penalty of up to one thousand dollars ($1,000), or shall
be prohibited from selling dogs at retail for up to 30 days, or both. If there
is a second offense, the pet dealer shall be subject to a civil penalty of
up to two thousand five hundred dollars ($2,500), or a prohibition from selling
dogs at retail for up to 90 days, or both. For a third offense, the pet dealer
shall be subject to a civil penalty of up to five thousand dollars ($5,000)
or a prohibition from selling dogs at retail for up to six months, or both.
For a fourth and subsequent offense, the pet dealer shall be subject to a
civil penalty of up to ten thousand dollars ($10,000) or a prohibition from
selling dogs at retail for up to one year, or both. For purposes of this section,
a violation that occurred over five years prior to the most recent violation
shall not be considered. An action for recovery of the civil penalty and for
a court order enjoining the pet dealer from engaging in the business of selling
dogs at retail for the period set forth in this section, may be prosecuted
by the district attorney for the county where the violation occurred, or the
city attorney for the city where the violation occurred, in the appropriate
court.
Section 122210.
(a) No dog may be offered for sale by a pet dealer to a
purchaser until the dog has been examined by a veterinarian licensed in this
state. Each dog shall be examined within five days of receipt of the dog and
once every 15 days thereafter while the dog is in the possession or custody
of the pet dealer. The pet dealer shall provide any sick dog with proper veterinary
care without delay.
(b) Any dog diagnosed with a contagious or infectious disease,
illness, or condition shall be caged separately from healthy dogs until a
licensed veterinarian determines that the dog is free from contagion or infection.
The area shall meet the following conditions when contagious or infectious
dogs are present:
(1) The area shall not be used to house other healthy dogs
or new arrivals awaiting the required veterinary examination.
(2) The area shall not be used for storing open food containers
or bowls, dishes, or other utensils that come in contact with healthy dogs.
(3) The area shall have an exhaust fan that creates air
movement from the isolation area to an area outside the premises of the pet
dealer. The removal of exhaust air from the isolation area may be accomplished
by the use of existing heating and air-conditioning ducts, provided no exhaust
air is permitted to enter or mix with fresh air for use by the general animal
population.
(4) Upon removal of all of the contagious or infectious
dogs, the area shall be cleaned and disinfected before any healthy animal
can be placed in the area.
(c) If the pet dealer's veterinarian deems the dog to be
unfit for purchase due to a disease, illness, or congenital condition, any
of which is fatal or that causes, or is likely to cause, the dog to unduly
suffer, the veterinarian shall humanely euthanize the dog. The veterinarian
shall provide the pet dealer with a written statement as to why the dog was
euthanized. Otherwise, the pet dealer shall have a veterinarian treat the
dog, or may surrender the dog to a humane organization that consents to the
receipt thereof.
(d) In the event a dog is returned to a pet dealer due to
illness, disease, or a congenital or hereditary condition requiring veterinary
care, the pet dealer shall provide the dog with proper veterinary care.
Section 122215.
Every retail dealer shall post conspicuously on the cage
of each dog offered for sale a notice indicating the state where the dog was
bred and brokered.
Section 122220.
(a) Every pet dealer shall post conspicuously within close
proximity to the cages of dogs offered for sale, a notice containing the following
language in 100-point type: "Information on the source of these dogs, and
veterinary treatments received by these dogs is available for review." "You
are entitled to a copy of a statement of consumer rights."
(b) Every pet dealer shall, upon request for information
regarding a dog, make immediately available to prospective purchasers all
of the information required to be disclosed to purchasers pursuant to subdivision
(b) of Section 122140 and pursuant to Section 122190.
CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 122045-122110
Section 122045.
(a) This article shall be known and may be cited as the
Polanco-Lockyer Pet Breeder Warranty Act.
(b) Every breeder of dogs shall comply with this article.
As used in this article, "dog breeder," or "breeder" means a person, firm,
partnership, corporation, or other association that has sold, transferred,
or given away all or part of three or more litters or 20 or more dogs during
the preceding 12 months that were bred and reared on the premises of the person,
firm, partnership, corporation, or other association.
(c) For the purposes of this article, "purchaser" means
any person who purchases a dog from a breeder.
(d) This article shall not apply to pet dealers regulated
under Article 2 (commencing with Section 122125), or to publicly operated
pounds, humane societies, or privately operated rescue organizations.
Section 122050.
(a) Every breeder of dogs shall deliver to each purchaser
of a dog a written disclosure containing all of the following:
(1) The breeder's name and address. If the breeder is a
dealer licensed by the United States Department of Agriculture, the federal
dealer identification number shall also be indicated.
(2) The date of the dog's birth and the date the breeder
received the dog. If the dog is not advertised or sold as purebred, registered,
or registerable, the date of birth may be approximated if not known by the
breeder.
(3) The breed, sex, color, and identifying marks at the
time of sale, if any. If the dog is from a United States Department of Agriculture
licensed source, the individual identifying tag, tattoo, or collar number
for that animal. If the breed is unknown or mixed, the record shall so indicate.
(4) If the dog is being sold as being capable of registration,
the names and registration numbers of the sire and dam, and the litter number,
if known.
(5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of administration
and the type of vaccine or worming treatment.
(6) A record of any veterinarian treatment or medication
received by the dog while in the possession of the breeder and either of the
following:
(A) A statement, signed by the breeder at the time of sale,
that:
(i) The dog has no known disease or illness.
(ii) The dog has no known congenital or hereditary condition
that adversely affects the health of the dog at the time of the sale or that
is likely to adversely affect the health of the dog in the future.
(B) A record of any known disease, illness, or congenital
or hereditary condition that adversely affects the health of the dog at the
time of sale, or that is likely to affect the health of the dog in the future,
along with a statement signed by a veterinarian licensed in the State of California
that authorizes the sale of the dog, recommends necessary treatment, if any,
and verifies that the disease, illness, or condition does not require hospitalization
or nonelective surgical procedures, nor is it likely to require hospitalization
or nonelective surgical procedures in the future. A veterinarian statement
is not required for intestinal or external parasites unless their presence
makes the dog clinically ill or is likely to make the dog clinically ill.
The statement shall be valid for seven days following examination of the dog
by the veterinarian.
(b) The written disclosure made pursuant to this section
shall be signed by both the breeder certifying the accuracy of the statement,
and by the purchaser of the dog acknowledging receipt of the statement.
(c) In addition, all medical information required to be
disclosed pursuant to this section shall be made orally by the breeder to
the purchaser.
(d) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health of the
dog at the time of sale, or is likely to adversely affect the health of the
dog in the future, shall be one that is apparent at the time of sale or that
should have been known by the breeder from the history of veterinary treatment
disclosed pursuant to this section.
(e) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve or restore
the health of the dog, to prevent the dog from experiencing pain or discomfort,
or to correct a condition that would otherwise interfere with the dog's ability
to walk, run, jump, or otherwise function in a normal manner.
(f) For the purposes of this article, "clinically ill" means
an illness that is apparent to a veterinarian based on observation, examination,
or testing of the dog, or upon a review of the medical records relating to
the dog. 122055. A breeder shall maintain a written record on the health,
status, and disposition of each dog for a period of not less than one year
after disposition of the dog. The record shall also include all of the information
that the breeder is required to disclose pursuant to Section 122050.
Section 122060.
Except as provided for in paragraph (6) of subdivision (a)
of Section 122050, no breeder shall knowingly sell a dog that is diseased,
ill or has a condition, any one of which that requires hospitalization or
nonelective surgical procedures. In lieu of the civil penalties imposed pursuant
to Section 122110, any breeder who violates this section shall be subject
to a civil penalty of up to one thousand dollars ($1,000), or shall be prohibited
from selling dogs for up to 30 days, or both. If there is a second offense,
the breeder shall be subject to a civil penalty of up to two thousand five
hundred dollars ($2,500), or a prohibition from selling dogs for up to 90
days, or both. For a third offense, the breeder shall be subject to a civil
penalty of up to five thousand dollars ($5,000), or a prohibition from selling
dogs for up to six months, or both. For a fourth and subsequent offense, the
breeder shall be subject to a civil penalty of up to ten thousand dollars
($10,000) or a prohibition from selling dogs for up to one year, or both.
For the purpose of this section, a violation that occurred over five years
prior to the most recent violation shall not be considered. An action for
recovery of the civil penalty and for a court order enjoining the breeder
from engaging in the business of selling dogs at retail for the period set
forth in this section, may be prosecuted by the district attorney for the
county in which the violation occurred, or the city attorney for the city
in that the violation occurred, in the appropriate court.
Section 122065.
It shall be unlawful for a breeder to fail to do any of
the following:
(a) Maintain facilities where the dogs are kept in a sanitary
condition.
(b) Provide dogs with adequate nutrition and potable water.
(c) Provide adequate space appropriate to the age, size,
weight, and breed of dog. For purposes of this subdivision, "adequate space"
means sufficient space for the dog to stand up, sit down, and turn about freely
using normal body movements, without the head touching the top of the cage,
and to lie in a natural position.
(d) Provide dogs with a rest board, floormat, or similar
device that can be maintained in a sanitary condition.
(e) Provide dogs with adequate socialization and exercise.
For the purpose of this article, "socialization" means physical contact with
other dogs and with human beings.
(f) Wash hands before and after handling each infectious
or contagious dog.
(g) Provide veterinary care without delay when necessary.
Section 122065.5.
It shall be unlawful for a breeder to primarily house a
dog on wire flooring.
Section 122070.
If a licensed veterinarian states in writing that within
15 days after the purchaser has taken physical possession of a dog following
the sale by a breeder, the dog has become ill due to any illness or disease
that existed in the dog on or before delivery of the dog to the purchaser,
or, if within one year after the purchaser has taken physical possession of
the dog after the sale by a breeder, a veterinarian licensed in this state
states in writing that the dog has a congenital or hereditary condition which
that adversely affects the health of the dog, or which that requires, or is
likely in the future to require, hospitalization or nonelective surgical procedures,
the dog shall be considered unfit for sale, and the breeder shall provide
the purchaser with any of the following remedies that the purchaser elects:
(1) Return the dog to the breeder for a refund of the purchase
price, plus sales tax, and reimbursement for reasonable veterinary fees for
diagnosis and treating the dog in an amount not to exceed the original purchase
price of the dog, including sales tax.
(2) Exchange the dog for a dog of the purchaser's choice
of equivalent value, providing a replacement dog is available, and receive
reimbursement for reasonable veterinary fees for diagnosis and treating the
dog in an amount not to exceed the original purchase price of the dog, plus
sales tax on the original purchase price of the dog.
(3) Retain the dog, and receive reimbursement for reasonable
veterinary fees for diagnosis and treating the dog in an amount not to exceed
150 percent of the original purchase price of the dog, plus sales tax.
(b) If the dog has died, regardless of the date of death
of the dog, obtain a refund for the purchase price of the dog, plus sales
tax, or a replacement dog of equivalent value of the purchaser's choice, and
reimbursement for reasonable veterinary fees for diagnosis and treatment of
the dog in an amount not to exceed the purchase price of the dog, plus sales
tax, if any of the following conditions exist:
(1) A veterinarian, licensed in this state, states in writing
that the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog after the
sale by a breeder.
(2) A veterinarian, licensed in this state, states in writing
that the dog has died due to a congenital or hereditary condition that was
diagnosed by the veterinarian within one year after the purchaser obtained
physical possession of the dog after the sale by a breeder.
Section 122075.
(a) There shall be a rebuttable presumption that an illness
existed at the time of sale if the animal dies within 15 days of delivery
to the purchaser.
(b) For purposes of Section 122070, a finding by a veterinarian
of intestinal or external parasites shall not be grounds for declaring a dog
unfit for sale unless their presence makes the dog clinically ill or is likely
to make the dog clinically ill.
(c) For purposes of Section 122070, the value of veterinary
services shall be deemed reasonable if the services rendered are appropriate
for the diagnosis and treatment of illness or congenital or hereditary condition
made by the veterinarian and the value of the services is comparable to the
value of similar services rendered by other licensed veterinarians in proximity
to the treating veterinarian.
Section 122080.
To obtain the remedies provided for in Section 122070, the
purchaser shall substantially comply with all of the following requirements:
(a) Notify the breeder as soon as possible but no later
than five days of the diagnosis by a veterinarian licensed in this state of
a medical or health problem, including a congenital or hereditary condition
and of the name and telephone number of the veterinarian providing the diagnosis.
(b) Return the dog to the breeder, in the case of illness
or congenital or hereditary condition, along with a written statement from
a veterinarian licensed in this state, stating the dog to be unfit for purchase
due to illness, a congenital or hereditary condition, or the presence of symptoms
of a contagious or infectious disease, that existed on or before delivery
of the dog to the purchaser, and that adversely affects the health of the
dog. The purchaser shall return the dog along with a copy of the veterinarian'
s statement as soon as possible but no later than five days of receipt of
the veterinarian's statement.
(c) Provide the breeder, in the event of death, with a written
statement from a veterinarian licensed in this state stating that the dog
died from an illness that existed on or before the delivery of the dog to
the purchaser. The presentation of the statement shall be sufficient proof
to claim reimbursement or replacement and the return of the deceased dog to
the breeder shall not be required.
Section 122085.
No refund, replacement, or reimbursement of veterinary fees
shall be made under Section 122070 if any of the following conditions exist:
(a) The illness, condition, or death resulted from maltreatment
or neglect or from an injury sustained or an illness or condition contracted
subsequent to the delivery of the dog to the purchaser.
(b) The purchaser fails to carry out the recommended treatment
prescribed by the examining veterinarian who made the initial diagnosis. However,
this subdivision shall not apply if the cost for the treatment together with
the veterinarian's fee for the diagnosis would exceed the purchase price of
the dog, plus sales tax.
(c) A veterinarian's statement was provided to the purchaser
pursuant to subparagraph (B) of paragraph (6) of subdivision (a) of Section
122050 that disclosed the disease, illness, or condition for which the purchaser
seeks to return the dog. However, this subdivision shall not apply if, within
one year after the purchaser took physical possession of the dog, a veterinarian
licensed in this state states in writing that the disease, illness, or condition
requires, or is likely in the future to require, hospitalization or nonelective
surgical procedures or that the disease, illness, or condition resulted in
the death of the dog.
(d) The purchaser refuses to return to the breeder all documents
previously provided to the purchaser for the purpose of registering the dog.
This subdivision shall not apply if the purchaser signs a statement certifying
that the documents have been inadvertently lost or destroyed.
Section 122090.
(a) The veterinarian's statement pursuant to Section 122070
shall contain all of the following information:
(1) The purchaser's name and address.
(2) The date or dates the dog was examined.
(3) The breed and age of the dog, if known.
(4) That the veterinarian examined the dog.
(5) That the dog has or had disease, illness, or a hereditary
or congenital condition, as described in Section 122050 that renders it unfit
for purchase or resulted in its death.
(6) The precise findings of the examination or necropsy,
including laboratory results or copies of laboratory reports.
(b) If a refund for reasonable veterinary expenses is being
requested, the veterinarian's statement shall be accompanied by an itemized
bill of fees appropriate for the diagnosis and treatment of the illness or
congenital or hereditary condition.
(c) Refunds and payment of reimbursable expenses provided
for in Section 122070 shall be paid, unless contested, by the breeder to the
purchaser not later than 10 business days following receipt of the veterinarian's
statement required by Section 122070 or, where applicable, not later than
10 business days after the date on that the dog is returned to the breeder.
Section 122095.
(a) In the event that a breeder wishes to contest a demand
for any of the remedies specified in Section 122070, the breeder may, except
in the case of the death of the dog, require the purchaser to produce the
dog for examination by a licensed veterinarian designated by the breeder.
The breeder shall pay the cost of this examination.
(b) If the purchaser and the breeder are unable to reach
an agreement within 10 business days following receipt by the breeder of the
veterinarian's statement pursuant to Section 122070, or following receipt
of the dog for examination by a veterinarian designated by the breeder, whichever
is later, the purchaser may initiate an action in a court of competent jurisdiction
to resolve the dispute or the parties may submit to binding arbitration if
mutually agreed upon by the parties in writing.
(c) The prevailing party in the dispute shall have the right
to collect reasonable attorney's fees if the other party acted in bad faith
in seeking or denying the requested remedy.
Section 122100.
Every breeder that sells a dog shall provide the purchaser
at the time of sale, and a prospective purchaser upon request, with a written
notice of rights, setting forth the rights provided for under this section.
The notice shall be contained in a separate document. The written notice of
rights shall be in 10-point type. A copy of the written notice of rights shall
be signed by the purchaser acknowledging that he or she has reviewed the notice.
The notice shall state the following: "A STATEMENT OF CALIFORNIA LAW GOVERNING
THE SALE OF DOGS The sale of dogs is subject to consumer protection regulation.
In the event that a California licensed veterinarian states in writing that
your dog is unfit for purchase because it became ill due to an illness or
disease that existed within 15 days following delivery to you, or within one
year in the case of congenital or hereditary condition, you may choose one
of the following:
(1) Return your dog and receive a refund of the purchase
price, plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog, plus sales tax.
(2) Return your dog and receive a dog of your choice of
equivalent value, providing a replacement dog is available, and receive reimbursement
for reasonable veterinarian fees up to the cost of the dog, plus sales tax.
(3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of the
dog plus sales tax on the original purchase price of the dog. In the event
your dog dies, you may receive a refund for the purchase price of the dog,
plus sales tax, or a replacement dog of your choice, of equivalent value,
and reimbursement for reasonable veterinary fees for the diagnosis and treatment
of the dog, if a veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the sale
by a dog breeder, or states that the dog has died due to a congenital or hereditary
condition that was diagnosed by the veterinarian within one year after the
purchaser obtained physical possession of the dog after the sale by a dog
breeder. These fees may not exceed the purchase price of the dog, plus sales
tax. In order to exercise these rights, you must notify the dog breeder as
quickly as possible but no later than five days after learning from your veterinarian
that a problem exists. You must tell the dog breeder about the problem and
give the dog breeder the name and telephone number of the veterinarian providing
the diagnosis. If you are making a claim, you must also present to the dog
breeder a written veterinary statement, in a form prescribed by law, that
the animal is unfit for purchase and an itemized statement of all veterinary
fees related to the claim. This information must be presented to the dog breeder
no later than five days after you have received the written statement from
the veterinarian. In the event that the dog breeder wishes to contest the
statement or the veterinarian's bill, the dog breeder may request that you
produce the dog for examination by a licensed veterinarian of the dog breeder's
choice. The dog breeder shall pay the cost of this examination. In the event
of death, the deceased dog need not be returned to the dog breeder if you
submit a statement issued by a licensed veterinarian stating the cause of
death. If the parties cannot resolve the claim within 10 business days following
receipt of the veterinarian statement or the examination by the dog breeder's
veterinarian, whichever event occurs later, you may file an action in a court
of competent jurisdiction to resolve the dispute. If a party acts in bad faith,
the other party may collect reasonable attorney's fees. If the dog breeder
does not contest the matter, the dog breeder must make the refund or reimbursement
no later than 10 business days after receiving the veterinary certification.
This statement is a summary of key provisions of the consumer remedies available.
California law also provides safeguards to protect dog breeders from abuse.
If you have questions, obtain a copy of the complete relevant statutes. This
notice shall be contained in a separate document. The written notice shall
be in 10-point type. The notice shall be signed by the purchaser acknowledging
that he or she has reviewed the notice. The dog breeder shall permit persons
to review the written notice upon request. NOTE: This disclosure of rights
is a summary of California law. The actual statutes are contained in Article
1 (commencing with Section 122045) of Chapter 5 of Part 6 of Division 105
of the Health and Safety Code."
Section 122105.
Nothing in this article shall in any way limit the rights
or remedies that are otherwise available to a consumer under any other law.
Nor shall this article in any way limit the breeder and the purchaser from
agreeing between themselves upon additional terms and conditions that are
not inconsistent with this article. However, any agreement or contract by
a purchaser to waive any rights under this article shall be null and void
and shall be unenforceable.
Section 122110.
(a) Except as otherwise specified herein, any person violating
any provision of this article other than Section 122060 shall be subject to
civil penalty of up to one thousand dollars ($1,000) per violation. An action
may be prosecuted in the name of the people of the State of California by
the district attorney for the county where the violation occurred in the appropriate
court or by the city attorney in the city where the violation occurred.
(b) Nothing in this article limits or authorizes any act
or omission that violates Section 597l of the Penal Code.
Additional articles on selecting your dog and related
topics.
Lost? PageList lists all the DogPlay pages. Check the Help page. 
Great Dog Books and Videos at 4 M Dog Books
Xylitol risk to your dog
New site! Cool Dog Lovers Gifts offers personalized agility title Items and customized rescued dog tees.
Visit the DogPlay Mall.
Fun designs on apparel including, t-shirts,
sweats, and tanktops, also mugs, buttons, stickers and more. Special sections for rescue
dogs and mixed breed dogs.
Copyright © 1998-2004,
Diane Blackman
Created: November 5, 1997
Updated November 12, 2007