HB2161 HD1.DOC

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Dog purchaser protection act

§ -1 Definitions. When used in this chapter, unless the context otherwise requires:

"Seller" means a person who sells ten or more dogs during the preceding calendar year to the public and who owns or operates a kennel or pet shop or sells dogs directly to the public. The term "seller" shall not include nonprofit animal welfare organizations that facilitate the adoption of dogs.

"Unfit for purchase" means having a condition caused by any disease, deformity, physical condition, illness, or any congenital or hereditary defect that:

(1) Severely affects the health of the dog; and

(2) Was manifest, capable of diagnosis, or likely to have been contracted on or before the date of sale and delivery of the dog to the purchaser.

"Veterinarian" means an individual licensed to practice veterinary medicine under chapter 471.

§ -2 Records; veterinarian health certificate. (a) A seller, at the date of sale, shall provide a purchaser of a dog with a health record for the dog that sets forth:

(1) The name and address of the dog's breeder and the breeder's license information if licensed by the United States Department of Agriculture;

(2) The dog's breed or breeds, if known; provided that if the breed is unknown, the health record shall so indicate;

(3) If the dog is advertised or represented as registerable, the name and address of the pedigree registry organization where the dam and sire are registered;

(4) The dog's date of birth; provided that the seller may approximate the dog's date of birth if the dog is not advertised or sold as purebred, registered, or registerable;

(5) The dog's sex;

(6) The dog's color and markings;

(7) A list of:

(A) All vaccinations administered to the dog up to the time of sale, if known; and

(B) The date each vaccination was administered and the name of the person who administered it, if known;

(8) A record of any known conditions that severely affect the health of the dog, and any diseases or illnesses with which the dog is or has been afflicted;

(9) A record of any treatment by a veterinarian or medication that the dog has received to treat any disease, illness, or condition while in the seller's possession;

(10) The date, dosage, and type of any anti-parasitic medication, if known, that was administered to the dog; and

(11) The seller's name, address, signature, and statement affirming that all of the information provided in the health record is true to the best of the seller's knowledge and belief.

(b) In addition to the health record required under subsection (a), the seller, at the date of sale, shall provide to the purchaser of a dog a health certificate issued by a veterinarian pursuant to a physical examination within twenty-one business days prior to the date of sale of the dog, which:

(1) Certifies that the dog is free of any contagious or infectious illness;

(2) Certifies that the dog is free from any condition that renders the dog unfit for purchase;

(3) Certifies that the dog does not appear to be clinically ill from parasitic infestation at the time of the physical examination; and

(4) Includes the veterinarian's name, address, and signature and the date of the physical examination.

No seller may sell a dog with an illness or a defect without first providing a written health certificate that discloses all applicable illnesses or defects. Both the seller and the purchaser shall sign the written health certificate.

§ -3 Remedies. (a) Notwithstanding the purchaser's receipt of a health certificate issued by a veterinarian certifying the dog's good health, if within twenty-one business days after the date of sale, a veterinarian determines, through physical examination, diagnostic tests, or necropsy, that the dog purchased from the seller is unfit for purchase or has died as a result of a condition that rendered it unfit for purchase; or if within twenty-four months after the date of sale, a veterinarian determines through the same means that the dog purchased from the seller suffers from a congenital or hereditary defect that severely affects the health of the dog, the purchaser may, upon satisfaction of the requirements to provide notice and produce the dog pursuant to subsections (d) and (e), and upon submittal of certification as required by subsection (c):

(1) Return the dog to the seller for a complete refund of the purchase price, including the general excise tax;

(2) Return the dog to the seller for a replacement dog of the purchaser's choice that is of equal or comparable value; provided that such a dog is available; and provided further that the remedies provided under this section shall apply to the replacement dog; or

(3) Retain the dog and receive reimbursement from the seller for reasonable veterinary fees incurred in curing, attempting to cure, or addressing the suffering of the affected dog, subject to the limitation that the seller's liability for reimbursement shall not be more than three times the purchase price of the dog, including the general excise tax. Veterinary fees under this paragraph shall be considered reasonable if the fees are comparable to the fees charged by other veterinarians in reasonable proximity to the treating veterinarian. Reimbursement shall not include the costs of the initial veterinary examination fee and diagnostic or treatment fees not directly related to the veterinarian's certification that the dog is unfit for purchase pursuant to this section;

provided that the seller shall provide the complete refund, replace the dog, or reimburse reasonable veterinary fees pursuant to a written mutual agreement between the seller and the purchaser within fourteen days following the seller's receipt of the veterinarian's certification; provided further that the remedies available under this subsection shall not be available if the seller has provided a written health certificate at the time of the sale that discloses the health problem for which the purchaser later seeks to return the dog.

(b) For purposes of this section, a dog shall not be found to be unfit for purchase:

(1) Based on veterinary findings that the dog has or had intestinal or external parasites, unless the dog is clinically ill or dies due to that condition; or

(2) Because of injury sustained or illness contracted by the dog after the date of sale.

(c) The veterinarian's certification that must be submitted for purposes of receiving a refund, replacement dog, or reimbursement for veterinary costs under subsection (a), shall include:

(1) The purchaser's name and address;

(2) The date of the physical examination;

(3) The dog's breed and age, if known;

(4) That the veterinarian examined the dog;

(5) That the dog has or had an illness or a defect that renders it unfit for purchase or resulted in its death;

(6) The precise findings of the examination, diagnostic tests, or necropsy;

(7) The treatment recommended, if any, and an estimate or the actual cost of the treatment should the purchaser choose to retain the dog and seek reimbursement for veterinary fees to cure or attempt to cure the dog; and

(8) The veterinarian's name, address, telephone number, and signature.

The veterinarian's certification shall be supplied at the purchaser's expense.

(d) The purchaser shall notify the seller by registered mail of the examining veterinarian's name, address, and telephone number within five business days of a veterinary examination that certifies illness, defect, or death of a dog purchased from the seller. The purchaser shall forfeit all rights under this section if the purchaser fails to notify the seller or carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis under section -3(a). Notification by registered mail shall be deemed complete upon deposit in the mail, postage prepaid, and addressed to the seller at the seller's last known address.

(e) Upon receipt of the purchaser's notification as provided in subsection (d), the seller may, within two business days, request the purchaser to produce the dog for examination by a veterinarian designated by the seller. The seller shall be responsible for paying the veterinarian's fee, including any diagnostic tests or necropsy, for an examination under this subsection.

If the dog is hospitalized and incapable of being transported, the purchaser's attending veterinarian shall provide all relevant information regarding the case as requested by the seller's veterinarian.

Unless the dog is hospitalized, the purchaser's failure to produce the dog within five business days from the seller's request for examination will nullify the seller's obligation to replace the dog or provide a refund or reimbursement.

§ -4 Judicial remedy. If the purchaser and the seller are unable to reach a mutual agreement in writing regarding remedial options set forth in this chapter within fourteen business days following receipt of the dog for examination by the seller's veterinarian, either party may initiate an action for remedy in a court of competent jurisdiction.

§ -5 Registered or registerable dogs. (a) Any seller who advertises or otherwise represents that a dog is registered or registerable shall provide the purchaser of the dog with the following information at the date of sale:

(1) The breeder's name and address;

(2) The name and registration number of the dam and sire of the purchased dog's litter; and

(3) The name and address of the pedigree-registry organization where the dam and sire are registered.

(b) The seller shall provide all documentation necessary to effect the registration of the dog to the purchaser within one hundred twenty calendar days of the date of sale.

(c) If on the date of sale, the purchaser agrees in writing to provide the seller with a signed veterinarian's certificate certifying that the dog has been spayed or neutered, the seller may withhold the dog's registration application until the purchaser supplies the certificate. The seller shall provide the registration application within ten days of receiving the veterinarian's certificate if the certificate is supplied after the one-hundred-twenty-day period after the date of sale specified in subsection (b).

(d) The seller may extend the one-hundred-twenty-day period set forth in subsection (b) if the dog is being imported from outside the United States by notifying the purchaser in writing of the reason for the extension and providing a reasonable estimate of the arrival date of the registration documents.

(e) If the seller fails to provide the registration documentation within one hundred twenty days of the date of sale or fails to notify the purchaser of an extension, the purchaser may:

(1) Return the dog and receive a full refund of the purchase price, including the general excise tax; or

(2) Retain the dog and receive a refund of fifty per cent of the purchase price, including the general excise tax, from the seller.

§ -6 Notice of provisions. A summary of the provisions of this chapter shall be conspicuously posted in the place of business of sellers subject to this chapter and a copy shall be provided to purchasers on the date of sale. The department of commerce and consumer affairs shall adopt rules, pursuant to chapter 91, specifying the contents of the summary that shall be posted. In addition, the posted notice shall state that the health record of any dog for sale is available upon request.

§ -7 Penalties. (a) In addition to any other penalty, the department of commerce and consumer affairs shall levy a civil penalty of up to $ against any seller who violates any provision of this chapter.

(b) Penalties collected under this section shall be deposited in the general fund of the State."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. This Act shall take effect on July 1, 2112.

HOUSE OF REPRESENTATIVES	H.B. NO.	2161
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII