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1 | AN ACT concerning business transactions.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Retail | ||||||||||||||||||||||||
5 | Sale of Dogs and
Cats Act.
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6 | Section 5. Definitions. As used in this Act:
| ||||||||||||||||||||||||
7 | "Animal" means a dog or cat.
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8 | "Cat" means any live or dead cat (Felis catus) or any | ||||||||||||||||||||||||
9 | cat-hybrid cross.
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10 | "Dog" means any live or dead dog (Canis familiaris) or any | ||||||||||||||||||||||||
11 | dog-hybrid cross.
| ||||||||||||||||||||||||
12 | "Person" means any individual, corporation, partnership, | ||||||||||||||||||||||||
13 | association,
municipality, or
other legal entity.
| ||||||||||||||||||||||||
14 | "Clinically ill" means having an illness that is apparent | ||||||||||||||||||||||||
15 | to a veterinarian
based on
observation, examination, or testing | ||||||||||||||||||||||||
16 | of an animal, or upon review of the
medical records
relating to | ||||||||||||||||||||||||
17 | an animal.
| ||||||||||||||||||||||||
18 | "Department" means the Department of Agriculture.
| ||||||||||||||||||||||||
19 | "Pet dealer" means any person, pet-shop operator, dog | ||||||||||||||||||||||||
20 | dealer, kennel
operator, or cattery
operator as defined in | ||||||||||||||||||||||||
21 | Section 2 of the Animal Welfare Act. For the purposes
of this | ||||||||||||||||||||||||
22 | Act, "pet dealer" includes breeders who sell animals, except | ||||||||||||||||||||||||
23 | that a
breeder who
sells
directly to the consumer fewer than 25 |
| |||||||
| |||||||
1 | animals per year that are born and
raised on the
breeder's | ||||||
2 | residential premises shall not be considered a pet dealer as a | ||||||
3 | result
of the sale of
those animals. The term does not include | ||||||
4 | animal shelters licensed under the Animal Welfare Act or duly | ||||||
5 | incorporated humane societies
dedicated to
the care of unwanted | ||||||
6 | animals that make those animals available for adoption,
whether | ||||||
7 | or
not a fee is charged for the adoption.
| ||||||
8 | "Nonelective surgical procedure" means, with respect to an | ||||||
9 | animal, a surgical
procedure
that is necessary to preserve or | ||||||
10 | restore the health of an animal, to prevent the
animal from
| ||||||
11 | experiencing pain or discomfort, or to correct a condition that | ||||||
12 | would interfere
with
an animal's ability to walk, run, jump, or | ||||||
13 | otherwise function in a normal
manner.
| ||||||
14 | "Purchaser" means a person who purchases an animal from a | ||||||
15 | pet dealer without
the intent
to resell the animal.
| ||||||
16 | Section 10. Examination for sickness. Before being placed | ||||||
17 | with other
animals, an animal
received by a pet dealer must be | ||||||
18 | examined for sickness by a licensed
veterinarian and
tested for | ||||||
19 | brucellosis. An animal found to be afflicted with a contagious
| ||||||
20 | disease must be
kept caged separately from healthy animals and | ||||||
21 | receive veterinary treatment.
All animals
must be inoculated as | ||||||
22 | required by State or local law. Veterinary care
appropriate to | ||||||
23 | the
species must be provided without undue delay when | ||||||
24 | necessary. Each animal must
be
observed each day by the pet | ||||||
25 | dealer or by a person working under the pet
dealer's
|
| |||||||
| |||||||
1 | supervision.
| ||||||
2 | Section 15. Written statement by pet dealer.
| ||||||
3 | (a) A pet dealer must deliver to the purchaser of an | ||||||
4 | animal, at the time of
sale, a
written statement in a | ||||||
5 | standardized form prescribed by the Department
containing the | ||||||
6 | following information:
| ||||||
7 | (1) The breeder's and broker's names and addresses if | ||||||
8 | known, or, if not
known, the source of the animal. If the | ||||||
9 | person from whom the animal was
obtained is a dealer | ||||||
10 | licensed by the United States Department of
Agriculture, | ||||||
11 | the statement shall include the person's name, address, and
| ||||||
12 | federal dealer identification number.
| ||||||
13 | (2) The date of the animal's birth and the date and | ||||||
14 | location where the
dealer
received the animal. If the | ||||||
15 | animal is not advertised or sold as purebred,
registered, | ||||||
16 | or registrable, the date of birth may be approximated if | ||||||
17 | not
known by the dealer.
| ||||||
18 | (3) The breed, sex, color, and identifying marks at the | ||||||
19 | time of sale, if
any.
If the animal is from a source | ||||||
20 | licensed by the United States Department of
Agriculture, | ||||||
21 | the statement must include the individual identifying tag,
| ||||||
22 | tattoo, or collar number for that animal. If the breed is | ||||||
23 | unknown or mixed,
the record must so indicate.
| ||||||
24 | (4) If a dog is being sold as being capable of | ||||||
25 | registration, the names
and
registration numbers of the |
| |||||||
| |||||||
1 | sire and dam, and the litter number if known.
| ||||||
2 | (5) A record of the immunization and worming | ||||||
3 | treatments, if any,
administered to the animal before the | ||||||
4 | time of sale, including the dates of
administration and the | ||||||
5 | type of vaccine or worming treatment.
| ||||||
6 | (6) A record of any known disease or sickness with | ||||||
7 | which the animal is
afflicted at the time of sale.
| ||||||
8 | (7) A record of any veterinary treatment or medication | ||||||
9 | received by the
animal while in possession of the pet | ||||||
10 | dealer or breeder and either of the
following:
| ||||||
11 | (A) A statement, signed by the pet dealer at the | ||||||
12 | time of sale, that
(i) the animal has no known disease | ||||||
13 | or illness and (ii) the animal has
no known congenital | ||||||
14 | or hereditary condition that adversely
affects the | ||||||
15 | health of the animal at the time of sale or that is | ||||||
16 | likely
to adversely affect the health of the animal in | ||||||
17 | the future.
| ||||||
18 | (B) A record of any known congenital or hereditary | ||||||
19 | condition,
disease, or illness that adversely affects | ||||||
20 | the health of the animal at
the time of sale or is | ||||||
21 | likely to adversely affect the health of the
animal in | ||||||
22 | the future, along with a statement signed by a licensed
| ||||||
23 | veterinarian that authorizes the sale of the animal, | ||||||
24 | recommends
necessary treatment, if any, and verifies | ||||||
25 | that the condition,
disease, or illness does not | ||||||
26 | require hospitalization or
nonelective surgical |
| |||||||
| |||||||
1 | procedures and is not likely to require
| ||||||
2 | hospitalization or nonelective surgical procedures in | ||||||
3 | the future.
A veterinarian's statement is not required | ||||||
4 | for intestinal or
external parasites unless their | ||||||
5 | presence makes the animal
clinically ill or is likely | ||||||
6 | to make the animal clinically ill. The
statement shall | ||||||
7 | be valid for 7 business days following
examination of | ||||||
8 | the animal by the veterinarian.
| ||||||
9 | (b) The pet dealer must also orally disclose to the | ||||||
10 | purchaser all
medical information
required to be disclosed in | ||||||
11 | the written statement under subsection (a).
| ||||||
12 | (c) A written statement under subsection (a) must be signed | ||||||
13 | by both
the
pet
dealer,
certifying the accuracy of the | ||||||
14 | statement, and the purchaser of the animal,
acknowledging | ||||||
15 | receipt of the statement.
| ||||||
16 | (d) A pet dealer is responsible for disclosure of a | ||||||
17 | disease, illness, or
congenital or
hereditary condition that | ||||||
18 | adversely affects the health of an animal at the time
of
sale | ||||||
19 | or
is likely to adversely affect the health of the animal in | ||||||
20 | the future if the
disease,
illness, or condition is apparent at | ||||||
21 | the time of sale or should have been known
by
the pet dealer | ||||||
22 | from the history of veterinary treatment disclosed under this
| ||||||
23 | Section.
| ||||||
24 | Section 20. Pet dealer's records. A pet dealer must | ||||||
25 | maintain a written
record
on the health and disposition of an |
| |||||||
| |||||||
1 | animal for a period of not less than one
year after
disposition | ||||||
2 | of the animal. The record must also contain all of the | ||||||
3 | information
required to be disclosed under this Act. The record | ||||||
4 | must be available for
inspection
during normal business hours | ||||||
5 | to Department investigators and approved humane
investigators | ||||||
6 | (as those terms are defined in the Humane Care for Animals | ||||||
7 | Act),
administrators, deputy administrators, and animal | ||||||
8 | control wardens (as those
terms are
defined in the Animal | ||||||
9 | Control Act), authorized Department employees, and law
| ||||||
10 | enforcement officers. On or before January 10 of each year, | ||||||
11 | every pet dealer
must
report to the Department the numbers of | ||||||
12 | dogs and cats sold by the dealer or euthanized, and
each | ||||||
13 | animal's
origin
and disposition.
| ||||||
14 | Section 25. Violation, penalty. Except as otherwise | ||||||
15 | specified in this Act,
a
person violating any provision of this | ||||||
16 | Act other than Section 30 is subject to
a civil
penalty of not | ||||||
17 | more than $1,000 per violation. An action to enforce collection
| ||||||
18 | of the
penalty may be prosecuted in the name of the People of | ||||||
19 | the State of Illinois by
the
State's Attorney for the county | ||||||
20 | where the violation is alleged to have
occurred.
| ||||||
21 | Section 30. Unlawful acts.
| ||||||
22 | (a) It is unlawful for a pet dealer to fail to do any of the | ||||||
23 | following:
| ||||||
24 | (1) Maintain facilities where animals are kept in a |
| |||||||
| |||||||
1 | sanitary
condition.
| ||||||
2 | (2) Provide animals with adequate nutrition and | ||||||
3 | potable water.
| ||||||
4 | (3) Provide adequate space appropriate to the age, | ||||||
5 | size, weight,
and breed of animal. "Adequate space" means | ||||||
6 | sufficient
space for the animal to stand up, sit down, and | ||||||
7 | turn about
freely using normal body movements without the | ||||||
8 | head
touching the top of the crate in which the animal is | ||||||
9 | kept, and to lie in a
natural position
with legs | ||||||
10 | outstretched.
| ||||||
11 | (4) Provide animals housed on wire flooring with a rest | ||||||
12 | board,
floor mat, or similar device that can be maintained | ||||||
13 | in a
sanitary condition.
| ||||||
14 | (5) Provide dogs with adequate socialization and | ||||||
15 | exercise.
"Socialization" means physical contact with | ||||||
16 | other dogs or
with human beings.
| ||||||
17 | (6) Wash hands before and after handling each | ||||||
18 | infectious or
contagious animal.
| ||||||
19 | (7) Provide cats with a litter box and scratching post.
| ||||||
20 | (8) Maintain either of the following:
| ||||||
21 | (A) A fire-alarm system that is connected to a | ||||||
22 | central
reporting station that alerts the local fire | ||||||
23 | department
in case of fire.
| ||||||
24 | (B) A fire-suppression sprinkler system.
| ||||||
25 | (9) Provide veterinary care without delay when | ||||||
26 | necessary.
|
| |||||||
| |||||||
1 | (b) A pet dealer may not possess an animal that is less
| ||||||
2 | than 8 weeks old.
| ||||||
3 | Section 35. Ill or diseased animals; remedies.
| ||||||
4 | (a) If (i) a veterinarian licensed in this State states in | ||||||
5 | writing that,
within 14 days after the purchaser took physical
| ||||||
6 | possession of an animal sold to the purchaser by a pet dealer, | ||||||
7 | the animal
has become ill due to any illness that existed in | ||||||
8 | the animal on or
before delivery of the animal to the | ||||||
9 | purchaser, or (ii) within one
year after the purchaser took | ||||||
10 | physical possession of an animal
sold to the purchaser by a pet | ||||||
11 | dealer, a veterinarian licensed in this State
states in writing
| ||||||
12 | that the animal has a congenital or hereditary condition that
| ||||||
13 | adversely affects the health of the animal or that requires, or | ||||||
14 | is
likely in the future to require, hospitalization or | ||||||
15 | nonelective
surgical procedures, then the animal shall be | ||||||
16 | considered unfit for sale,
and the pet dealer must provide the | ||||||
17 | purchaser with any one of the
following remedies that the | ||||||
18 | purchaser elects:
| ||||||
19 | (1) The purchaser may return the animal to the pet | ||||||
20 | dealer
for a refund of the purchase price, including sales | ||||||
21 | tax, paid by the purchaser,
and also receive
reimbursement | ||||||
22 | for reasonable veterinary fees for the diagnosis and
| ||||||
23 | treatment of the animal in an amount not to exceed the | ||||||
24 | original
purchase price of the animal, including sales tax, | ||||||
25 | paid by the purchaser.
|
| |||||||
| |||||||
1 | (2) The purchaser may exchange the animal for an animal
| ||||||
2 | of the purchaser's choice of equivalent value if a | ||||||
3 | replacement
animal is available, and may also receive | ||||||
4 | reimbursement for
reasonable veterinary fees for diagnosis | ||||||
5 | and treatment of the
animal in an amount not to exceed the | ||||||
6 | original purchase price of
the animal, including sales tax, | ||||||
7 | paid by the purchaser.
| ||||||
8 | (3) The purchaser may retain the animal and receive
| ||||||
9 | reimbursement for reasonable veterinary fees for diagnosis | ||||||
10 | and
treatment of the animal in an amount not to exceed 150% | ||||||
11 | of the
original purchase price of the animal, including | ||||||
12 | sales tax, paid by the
purchaser.
| ||||||
13 | (b) If an animal purchased from a pet dealer has died, | ||||||
14 | regardless of the
date of the death of the
animal, the | ||||||
15 | purchaser may obtain a refund for the purchase price of the
| ||||||
16 | animal, including sales tax, paid by the purchaser or a | ||||||
17 | replacement animal of
equivalent value of the
purchaser's | ||||||
18 | choice, and may receive reimbursement for reasonable
| ||||||
19 | veterinary fees for diagnosis and treatment of the animal in an | ||||||
20 | amount not
to exceed the original purchase price of the animal, | ||||||
21 | including sales tax, paid
by the purchaser if either
of the | ||||||
22 | following conditions exist:
| ||||||
23 | (1) A veterinarian licensed in this State states in | ||||||
24 | writing
that the animal has died due to an illness or | ||||||
25 | disease that
existed in the animal on or before delivery of | ||||||
26 | the animal to the purchaser.
|
| |||||||
| |||||||
1 | (2) A veterinarian licensed in this State states in | ||||||
2 | writing
that the animal has died due to a congenital or
| ||||||
3 | hereditary condition that was diagnosed by the
| ||||||
4 | veterinarian within one year after the purchaser
obtained | ||||||
5 | physical possession of the animal
from the pet dealer.
| ||||||
6 | (c) A finding by a veterinarian of intestinal or external | ||||||
7 | parasites is
not grounds for declaring an animal unfit for sale | ||||||
8 | unless their presence
makes the animal clinically ill or is | ||||||
9 | likely to make the animal clinically ill.
| ||||||
10 | (d) The value of veterinary services shall be deemed | ||||||
11 | reasonable if
the services rendered are appropriate for the | ||||||
12 | diagnosis and treatment of
illness or a
congenital or | ||||||
13 | hereditary condition by the veterinarian and the value of | ||||||
14 | similar
services is
comparable to the value of similar services | ||||||
15 | rendered by other licensed
veterinarians in the
same | ||||||
16 | geographical area.
| ||||||
17 | Section 40. Purchaser's entitlement to remedies. To be | ||||||
18 | entitled to a remedy
under
Section 35, a purchaser must | ||||||
19 | substantially comply with all of the following
requirements:
| ||||||
20 | (1) The purchaser must notify the pet dealer as soon as | ||||||
21 | possible, but not
more
than 14 business days after the | ||||||
22 | diagnosis by a veterinarian licensed in this
State, of a | ||||||
23 | medical or health problem of an animal purchased from the | ||||||
24 | pet
dealer, including a congenital or hereditary | ||||||
25 | condition, and of the name and
telephone number of the |
| |||||||
| |||||||
1 | veterinarian providing the diagnosis.
| ||||||
2 | (2) The purchaser must provide the pet dealer, in the | ||||||
3 | event of the
animal's
death,
with a written statement from | ||||||
4 | a veterinarian licensed in this State stating
that
the | ||||||
5 | animal died from an illness that existed on or before the | ||||||
6 | delivery of the
animal to the purchaser. The presentation | ||||||
7 | of the statement is sufficient proof
to claim reimbursement | ||||||
8 | or replacement, and the return of the deceased animal to
| ||||||
9 | the pet dealer is not required.
| ||||||
10 | Section 45. Exceptions to remedies. Notwithstanding | ||||||
11 | Section 35, no refund
of
the purchase price of an animal, | ||||||
12 | replacement of an animal, or reimbursement of
veterinary fees | ||||||
13 | shall be made if any of the following conditions exist:
| ||||||
14 | (1) The animal's illness or death resulted from | ||||||
15 | maltreatment or neglect or
from an injury sustained or an | ||||||
16 | illness contracted after the delivery of
the animal to the | ||||||
17 | purchaser.
| ||||||
18 | (2) The purchaser fails to carry out the recommended | ||||||
19 | treatment prescribed
by the examining veterinarian who | ||||||
20 | made the initial diagnosis. This
paragraph (2) does not | ||||||
21 | apply, however, if the cost for the treatment,
together | ||||||
22 | with the veterinarian's fee for the diagnosis, would exceed | ||||||
23 | the
purchase price of the animal, including sales tax, paid | ||||||
24 | by the purchaser.
| ||||||
25 | (3) A veterinarian's statement was provided to the |
| |||||||
| |||||||
1 | purchaser under
Section 15 of this Act that disclosed the | ||||||
2 | disease, illness, or condition
for which the purchaser | ||||||
3 | seeks to return the animal. This paragraph (3)
does not | ||||||
4 | apply, however, if, within one year after the purchaser | ||||||
5 | took
physical possession of the animal, a veterinarian | ||||||
6 | licensed in this State
states in writing that the disease, | ||||||
7 | illness, or condition requires, or is
likely in the future | ||||||
8 | to require, hospitalization or nonelective surgical
| ||||||
9 | procedures or that the disease, illness, or condition | ||||||
10 | resulted in the
death of the animal.
| ||||||
11 | (4) The purchaser refuses to return to the pet dealer | ||||||
12 | all documents
previously provided to the purchaser for the | ||||||
13 | purpose of registering the
animal. This paragraph (4) does | ||||||
14 | not apply, however, if the purchaser
signs a written | ||||||
15 | statement certifying that the documents have been
| ||||||
16 | inadvertently lost or destroyed.
| ||||||
17 | Section 50. Veterinarian's statement.
| ||||||
18 | (a) The veterinarian's statement under Section 35 must | ||||||
19 | contain
the following information:
| ||||||
20 | (1) The purchaser's name and address.
| ||||||
21 | (2) The date or dates the animal was examined.
| ||||||
22 | (3) The animal's breed, age, and microchip number if | ||||||
23 | known.
| ||||||
24 | (4) A statement that the veterinarian examined the | ||||||
25 | animal.
|
| |||||||
| |||||||
1 | (5) A statement that the animal has or had an illness
| ||||||
2 | rendering it unfit for purchase or resulting in its death.
| ||||||
3 | (6) The precise findings of the examination or | ||||||
4 | necropsy,
including laboratory results or copies of | ||||||
5 | laboratory
reports.
| ||||||
6 | (b) If a refund for reasonable veterinary expenses is | ||||||
7 | requested,
the veterinarian's statement must be accompanied by | ||||||
8 | an
itemized bill of fees appropriate for the diagnosis and
| ||||||
9 | treatment of the illness or congenital or hereditary condition.
| ||||||
10 | (c) Unless contested, refunds and payment of reimbursable
| ||||||
11 | expenses under Section 35 must be paid by the pet dealer to
the | ||||||
12 | purchaser no later than 14 business days following
receipt of | ||||||
13 | the veterinarian's statement required by Section 35
or, if | ||||||
14 | applicable, no later than 14 business days after the
animal is | ||||||
15 | returned to the pet dealer.
| ||||||
16 | Section 55. Contesting a demand for remedy.
| ||||||
17 | (a) If a pet dealer wishes to contest a demand for any
| ||||||
18 | remedy under Section 35, the dealer may, except in
the case of | ||||||
19 | the death of the animal, require the
purchaser to produce the | ||||||
20 | animal for examination by
a licensed veterinarian designated by | ||||||
21 | the pet dealer.
The pet dealer must pay the cost of this
| ||||||
22 | examination.
| ||||||
23 | (b) If the purchaser and the pet dealer are unable to
reach | ||||||
24 | an agreement within 14 days following the pet dealer's
receipt | ||||||
25 | of the veterinarian's
statement under Section 35, or within 14 |
| |||||||
| |||||||
1 | days
following receipt of the animal for examination by
a | ||||||
2 | veterinarian designated by the pet dealer,
whichever is later, | ||||||
3 | the purchaser may bring an
action in the circuit court to | ||||||
4 | resolve the dispute or
the parties may submit to binding | ||||||
5 | arbitration if
mutually agreed upon by the parties in writing.
| ||||||
6 | (c) The prevailing party in the dispute is entitled to
| ||||||
7 | collect reasonable attorney's fees.
| ||||||
8 | Section 60. Written notice of rights. A pet dealer who | ||||||
9 | sells an animal
must
provide a
written notice of rights to the | ||||||
10 | purchaser at the time of sale and to a
prospective purchaser
| ||||||
11 | upon request. The notice must be contained in a separate | ||||||
12 | document. The notice
must be
in 10-point type. A copy of the | ||||||
13 | notice must be signed by the purchaser
acknowledging
that he or | ||||||
14 | she has reviewed the notice. The notice must be in the | ||||||
15 | following
form:
| ||||||
16 | "NOTICE OF RIGHTS CONCERNING THE SALE OF CATS AND DOGS
| ||||||
17 | The sale of cats and dogs is subject to Illinois | ||||||
18 | consumer-protection laws.
If
an Illinois-licensed veterinarian | ||||||
19 | states in writing that your cat or dog is
unfit for
purchase | ||||||
20 | because it
became ill due to an illness or disease that existed | ||||||
21 | within 14 days following
delivery to
you, or within one year | ||||||
22 | following delivery to you in the case of a congenital
or | ||||||
23 | hereditary condition, you may choose to do one of the | ||||||
24 | following:
| ||||||
25 | (1) You may return your cat or dog and receive a refund |
| |||||||
| |||||||
1 | of the
purchase price, plus sales tax, and receive
| ||||||
2 | reimbursement of reasonable veterinary fees up to the
| ||||||
3 | purchase price of the cat or dog, including sales tax.
| ||||||
4 | (2) If a replacement cat or dog is available, you may | ||||||
5 | return your cat
or dog and receive a cat or dog of your | ||||||
6 | choice of
equivalent value and receive reimbursement for
| ||||||
7 | reasonable veterinary fees up to the purchase price of the | ||||||
8 | cat or
dog, including sales tax.
| ||||||
9 | (3) You may keep your cat or dog and receive | ||||||
10 | reimbursement for
reasonable veterinary fees up to 150% of | ||||||
11 | the original
purchase price of the cat or dog, including | ||||||
12 | sales tax.
| ||||||
13 | You may receive a refund for the purchase price of the cat | ||||||
14 | or dog, plus sales
tax, or a
replacement cat or dog of your | ||||||
15 | choice of equivalent value, and reimbursement
for
reasonable | ||||||
16 | veterinary fees for the diagnosis and treatment of the cat or | ||||||
17 | dog,
if your cat or
dog dies and an Illinois-licensed | ||||||
18 | veterinarian states in writing that (1) the
cat or dog has
died | ||||||
19 | due to an illness or disease that existed in the animal on or
| ||||||
20 | before delivery of the animal to you or (2) the
cat or dog has
| ||||||
21 | died due to a congenital or hereditary condition that was | ||||||
22 | diagnosed by the
veterinarian
within one year after you | ||||||
23 | obtained physical possession of the cat or dog
from the
pet | ||||||
24 | dealer. The reimbursement for reasonable veterinary fees may | ||||||
25 | not exceed
the
purchase price of the cat or dog, including | ||||||
26 | sales tax.
|
| |||||||
| |||||||
1 | To exercise these rights, you must notify the pet dealer as | ||||||
2 | quickly as
possible but not later
than 14 business days after | ||||||
3 | learning from your veterinarian that a problem
exists. You
must | ||||||
4 | tell the pet dealer about the problem and give the pet dealer | ||||||
5 | the name and
telephone
number of the veterinarian providing the | ||||||
6 | diagnosis.
| ||||||
7 | If you are making a claim, you must also present to the pet | ||||||
8 | dealer (i) a
veterinarian's written
statement, in a form | ||||||
9 | prescribed by law, that the cat or dog was unfit for
purchase | ||||||
10 | and (ii) an
itemized statement of all veterinary fees related | ||||||
11 | to the claim. This
information must be
presented to the pet | ||||||
12 | dealer no later than 5 days after you have received the
written
| ||||||
13 | statement from the veterinarian.
| ||||||
14 | If the pet dealer wishes to contest the statement or the | ||||||
15 | veterinarian's bill,
the pet dealer
may request that you | ||||||
16 | produce the cat or dog for examination by a licensed
| ||||||
17 | veterinarian of
the pet dealer's choice. The pet dealer must | ||||||
18 | pay the cost of this examination.
| ||||||
19 | In the event of the death of the cat or dog, the deceased | ||||||
20 | cat or dog need not
be returned to
the pet dealer if you submit | ||||||
21 | a statement issued by a licensed veterinarian
stating the cause
| ||||||
22 | of death.
| ||||||
23 | If you and the pet dealer cannot resolve the claim within | ||||||
24 | 14 business days
following
receipt of the veterinarian's | ||||||
25 | statement or the examination by the pet dealer's
veterinarian,
| ||||||
26 | whichever event occurs later, you may file an action in the |
| |||||||
| |||||||
1 | circuit court to
resolve the
dispute. The prevailing party may | ||||||
2 | collect reasonable attorney's fees. If the
pet dealer
does not | ||||||
3 | contest the matter, the pet dealer must make the refund or
| ||||||
4 | reimbursement no
later than 14 days after receiving the | ||||||
5 | veterinarian's statement.
| ||||||
6 | This notice contains a summary of key provisions of the | ||||||
7 | consumer remedies
available.
Illinois law also provides | ||||||
8 | safeguards to protect pet dealers from abuse. If
you have any
| ||||||
9 | questions, obtain a copy of the complete relevant laws.
| ||||||
10 | NOTE: This notice contains a summary of Illinois law. The | ||||||
11 | law on which it
is
based is contained in the Retail Sale of | ||||||
12 | Dogs and Cats Act."
| ||||||
13 | The pet dealer must permit persons to review the written | ||||||
14 | notice upon request.
| ||||||
15 | Section 65. Other remedies; additional terms. Nothing in | ||||||
16 | this Act in any
way
limits the
rights or remedies that are | ||||||
17 | otherwise available to a consumer under any other
law, nor
does | ||||||
18 | this Act in any way limit the pet dealer and the purchaser from | ||||||
19 | agreeing
between
themselves upon additional terms and | ||||||
20 | conditions that are not inconsistent with
this Act.
Any | ||||||
21 | agreement or contract by a purchaser to waive any rights under | ||||||
22 | this Act is
null and
void, however, and is unenforceable.
| ||||||
23 | Section 70. Representations concerning pedigree; dogs. A | ||||||
24 | pet dealer may not
state,
promise, or represent to a purchaser, |
| |||||||
| |||||||
1 | directly or indirectly, that a dog is
registered or
capable of | ||||||
2 | being registered with an animal pedigree registry organization
| ||||||
3 | unless the pet
dealer provides the purchaser with the documents | ||||||
4 | necessary for that
registration within
120 days following the | ||||||
5 | date of sale of the dog. If a pet dealer fails to
provide the
| ||||||
6 | documents necessary for registration within 120 days following | ||||||
7 | the date of sale
in
violation of this Section, the purchaser is | ||||||
8 | entitled, upon written notice to
the pet dealer, to
(i) retain | ||||||
9 | the dog and receive a partial refund of 75% of the purchase | ||||||
10 | price,
including sales tax, paid by the purchaser
or (ii) | ||||||
11 | return the dog for a full refund of the purchase price, | ||||||
12 | including sales
tax, paid by the purchaser.
| ||||||
13 | Section 75. Diseased or ill animal; penalties.
| ||||||
14 | (a) Except as provided in subdivision (a)(6) of Section 15, | ||||||
15 | a pet
dealer
may not
knowingly sell an animal that is diseased, | ||||||
16 | is ill, or has a condition requiring
hospitalization or a | ||||||
17 | surgical procedure. Instead of the civil penalties
imposed
| ||||||
18 | under
Section 25, a pet dealer who violates this Section is | ||||||
19 | subject to a civil
penalty of not less
than $500 but not more | ||||||
20 | than $1,000 for a first offense, and is also subject to
a | ||||||
21 | suspension of the
dealer's license
to sell animals so that the | ||||||
22 | dealer is prohibited from selling animals for 60
days. For a
| ||||||
23 | second offense, the pet dealer is subject to a civil penalty of | ||||||
24 | not less than
$1,000 but not
more than $2,500 and a suspension | ||||||
25 | of the dealer's license to sell
animals so
that the dealer is |
| |||||||
| |||||||
1 | prohibited from selling animals for 6 months. For a third
| ||||||
2 | offense, the
pet dealer is subject to a civil penalty of not | ||||||
3 | less than $2,500 but not more
than $5,000
and shall be | ||||||
4 | prohibited from selling animals for 3 years. For a
fourth
| ||||||
5 | offense, the pet dealer's license shall be automatically | ||||||
6 | revoked for a period
of 5 years. A
pet dealer whose license has | ||||||
7 | been revoked may not apply for a pet dealer
license during
the | ||||||
8 | period of revocation.
| ||||||
9 | (b) An action to enforce collection of the civil penalty | ||||||
10 | and for a court
order prohibiting
the pet dealer from selling | ||||||
11 | animals under this Section may be prosecuted in the
name of
the | ||||||
12 | People of the State of Illinois by the State's Attorney for the | ||||||
13 | county
where the
violation is alleged to have occurred.
| ||||||
14 | (c) If a pet dealer knowingly sells an animal that is | ||||||
15 | diseased, is ill, or has a
condition
requiring hospitalization | ||||||
16 | or a surgical procedure, except as provided in
subdivision
| ||||||
17 | (a)(6) of Section 15, the Department may revoke or refuse to | ||||||
18 | issue or
renew the
person's pet dealer license.
| ||||||
19 | Section 80. Examination of animal before sale; euthanasia.
| ||||||
20 | (a) An animal may not be offered for sale by a pet dealer | ||||||
21 | to a purchaser
until the
animal has been examined by a | ||||||
22 | veterinarian licensed in this State. Each
animal must be
| ||||||
23 | examined within 5 days after the pet dealer receives the animal | ||||||
24 | and at least once every 15
days
thereafter while the animal is | ||||||
25 | in the possession or custody of the pet dealer.
The pet
dealer |
| |||||||
| |||||||
1 | must provide a sick animal with proper veterinary care without | ||||||
2 | delay.
| ||||||
3 | (b) An animal diagnosed with a contagious or infectious | ||||||
4 | disease, illness, or
condition must be crated separately from | ||||||
5 | healthy animals until a licensed
veterinarian
determines that | ||||||
6 | the animal is free from contagion or infection. The separate
| ||||||
7 | area in which the animal is crated must
meet
the following | ||||||
8 | conditions:
| ||||||
9 | (1) The area may not be used to house other healthy
| ||||||
10 | animals or new arrivals awaiting the required veterinary
| ||||||
11 | examination.
| ||||||
12 | (2) The area may not be used for storing open food
| ||||||
13 | containers or bowls, dishes, or other utensils that come
in | ||||||
14 | contact with healthy animals.
| ||||||
15 | (3) The area must have an exhaust fan that creates air
| ||||||
16 | movement from the isolation area to an area outside the
| ||||||
17 | premises of the pet dealer. The removal of exhaust air
from | ||||||
18 | the isolation area may be accomplished by the use
of | ||||||
19 | existing heating and air-conditioning ducts if no
exhaust | ||||||
20 | air is permitted to enter or mix with fresh air
for use by | ||||||
21 | the general animal population.
| ||||||
22 | (4) Upon removal of all of the contagious or infectious
| ||||||
23 | animals, the area must be cleaned and disinfected
before | ||||||
24 | any healthy animal may be placed in the area.
| ||||||
25 | (c) If the pet dealer's veterinarian deems the animal to be | ||||||
26 | unfit for
purchase
due to
a disease, illness, or congenital |
| |||||||
| |||||||
1 | condition, any of which is fatal or causes,
or is
likely to | ||||||
2 | cause, the animal to unduly suffer, the veterinarian shall | ||||||
3 | humanely
euthanize the animal. The veterinarian must provide | ||||||
4 | the pet dealer with a
written
statement as to why the animal | ||||||
5 | was euthanized. Otherwise, the pet dealer must
have a | ||||||
6 | veterinarian treat the animal or may surrender the animal to a | ||||||
7 | humane
organization that consents to receive the animal.
| ||||||
8 | (d) If an animal is returned to a pet dealer due to | ||||||
9 | illness, disease, or a
congenital or hereditary condition | ||||||
10 | requiring veterinary care, the pet
dealer must provide the | ||||||
11 | animal with proper veterinary care.
| ||||||
12 | Section 85. Notice to consumers.
| ||||||
13 | (a) A pet dealer must post conspicuously, within proximity | ||||||
14 | to the cages of
animals
offered for sale, a notice containing | ||||||
15 | the following language in 100-point type:
| ||||||
16 | "Information on the source of these animals and veterinary | ||||||
17 | treatments
received
by these
animals is available for review. | ||||||
18 | You are entitled to a written notice of
rights concerning
the | ||||||
19 | sale of cats and dogs."
| ||||||
20 | (b) Upon request for information regarding an animal, a pet | ||||||
21 | dealer must make
immediately available to prospective | ||||||
22 | purchasers all of the information required
to be
disclosed to | ||||||
23 | purchasers under Section 15 and Section 60.
| ||||||
24 | (c) At the time of sale of an animal, a pet dealer must | ||||||
25 | provide the
purchaser with
information on the value of spaying |
| |||||||
| |||||||
1 | and neutering dogs and cats.
| ||||||
2 | Section 90. Construction.
Nothing in this Act shall be | ||||||
3 | construed to limit or restrict approved humane
investigators,
| ||||||
4 | Department investigators, law enforcement officers, or animal | ||||||
5 | control wardens
from
enforcing the Humane Care for Animals Act, | ||||||
6 | the Animal Welfare Act, or any other
law
relating to the humane | ||||||
7 | treatment of or cruelty to animals.
| ||||||
8 | Section 99. Effective date. This Act takes effect January | ||||||
9 | 1, 2008. |