122125-122220
HEALTH AND SAFETY CODE
SECTION 122125-122220
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.
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.
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).
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.
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 597 l of the Penal Code.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.