0001| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 565 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO ANIMALS; ENACTING THE PET DEALER ACT; PROVIDING | 0013| RIGHTS AND REMEDIES; PROVIDING FOR CIVIL AND CRIMINAL | 0014| PENALTIES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Pet Dealer Act". | 0019| Section 2. DEFINITIONS.--As used in the Pet Dealer Act: | 0020| A. "animal" means a nonhuman mammal, reptile or | 0021| amphibian sold or retained for the purpose of being kept as a | 0022| pet, but does not include mice and other animals intended as | 0023| feeder animals; | 0024| B. "clinically ill" means having an illness that is | 0025| apparent to a veterinarian based on observation, examination or | 0001| testing of the animal or upon a review of the veterinary | 0002| records of the animal; | 0003| C. "commercial breeder" means a person engaging in | 0004| the business of breeding animals for sale or exchange in return | 0005| for a consideration and who harbors intact females for the | 0006| primary purpose of breeding animals for sale to pet dealers; | 0007| D. "hobby breeder" means a noncommercial breeder | 0008| who breeds dogs or cats with the primary purpose of exhibiting | 0009| or showing them or improving the breed and who does not sell | 0010| dogs or cats either directly or indirectly to retail or | 0011| wholesale pet dealers; | 0012| E. "nonelective surgical procedure" means a | 0013| surgical procedure that is necessary to preserve or restore the | 0014| health of an animal, to prevent the animal from experiencing | 0015| pain or discomfort or to correct a condition that would | 0016| interfere with the animal's ability to function in a normal | 0017| manner; | 0018| F. "person" means an individual, firm, partnership, | 0019| corporation or other business association; | 0020| G. "pet dealer" means a person engaging in the | 0021| business of selling animals as pets, including a commercial | 0022| breeder; | 0023| H. "purchase price" includes the gross receipts tax | 0024| paid on the retail price of an animal; | 0025| I. "purchaser" means a person who purchases an | 0001| animal from a pet dealer with the intention of keeping the | 0002| animal as a pet; | 0003| J. "socialization" means an animal has daily | 0004| opportunities for exercise, play or interaction with people and | 0005| other animals; and | 0006| K. "veterinarian" means a person licensed in New | 0007| Mexico to practice veterinary medicine. | 0008| Section 3. EXEMPTION FROM ACT.--The Pet Dealer Act does not | 0009| apply to hobby breeders; humane societies; nonprofit organizations | 0010| performing the function of a humane society; animal control | 0011| agencies; or that portion of a pet dealer business that offers | 0012| stray dogs or cats for adoption by the public if the dogs or cats | 0013| are spayed or neutered prior to sale and the sale is not for | 0014| profit. | 0015| Section 4. RECEIPT FROM COMMON CARRIER.--A pet dealer | 0016| receiving an animal from a common carrier shall transport the | 0017| animal from the common carrier's premises within a reasonable time | 0018| after receipt of notification by the common carrier of the | 0019| completion of shipment and arrival of the animal at the common | 0020| carrier's point of destination to ensure that the animal's health, | 0021| safety or life is not at risk. | 0022| Section 5. EXAMINATIONS--DOGS AND CATS--SICK ANIMALS.-- | 0023| A. A pet dealer who has all dogs and cats examined by | 0024| a veterinarian prior to being placed with other dogs or cats or | 0025| within five days of receipt of the dog or cat, whichever occurs | 0001| first, shall not be subject to payment of full veterinary fees as | 0002| part of the customer remedies as provided in Section 12 of the Pet | 0003| Dealer Act. A pet dealer who does not have all dogs and cats | 0004| examined by a veterinarian prior to being placed with other dogs | 0005| or cats or within five days of receipt of the dog or cat, | 0006| whichever occurs first, shall be subject to payment of full | 0007| veterinary fees as part of customer remedies as provided in | 0008| Section 12 of the Pet Dealer Act. | 0009| B. When a pet dealer is found to be offering unfit | 0010| animals for sale and has been instructed by a municipal or county | 0011| animal control officer on more than one occasion to seek | 0012| veterinary care for those animals, the pet dealer shall be | 0013| required for a period of six months to have his animals inspected | 0014| by a veterinarian prior to sale or prior to the animal being | 0015| placed with other animals. After six months, a veterinarian of | 0016| the animal control officer's choice shall review the frequency of | 0017| animal illness found during the inspection period and shall | 0018| determine whether the inspections should continue for another six | 0019| months. | 0020| C. The pet dealer shall provide a sick animal with | 0021| proper veterinary care without delay. An animal diagnosed with a | 0022| contagious or infectious disease shall be caged separately from | 0023| healthy animals until the veterinarian determines that the animal | 0024| is free from contagion or infection. The isolation area in which | 0025| a contagious or infectious animal is kept shall: | 0001| (1) not be used to house a healthy animal or a | 0002| new arrival waiting for veterinary examination; | 0003| (2) not be used for storing open food | 0004| containers, dishes or utensils that come in contact with healthy | 0005| animals; | 0006| (3) have an exhaust fan that creates air | 0007| movement from the isolation area to an area outside the premises; | 0008| provided that the removal of exhaust air from the isolation area | 0009| may be accomplished by the use of existing heating and air | 0010| conditioning ducts if no exhaust air is permitted to enter or mix | 0011| with fresh air for use by the general animal population in the | 0012| facility; and | 0013| (4) upon removal of a contagious or infectious | 0014| animal, be cleaned and disinfected before a healthy animal is | 0015| placed in the area. | 0016| D. A sick animal shall be treated, euthanized or | 0017| surrendered to a humane organization, veterinarian or animal | 0018| control agency that consents to take the animal. If the | 0019| veterinarian deems the animal unfit for purchase due to disease or | 0020| congenital or hereditary condition, any of which is fatal or | 0021| causes the animal to suffer unduly, the veterinarian may humanely | 0022| euthanize the animal. The veterinarian shall provide the pet | 0023| dealer with a written statement as to why the animal was | 0024| euthanized. | 0025| E. If an animal is returned by a purchaser to a pet | 0001| dealer due to disease, illness or a congenital or hereditary | 0002| condition requiring veterinary care, the pet dealer shall provide | 0003| the animal with proper veterinary care, including the options | 0004| provided in Subsection D of this section. | 0005| Section 6. EUTHANASIA PROCEDURES.-- | 0006| A. A warm-blooded animal, except one held as food for | 0007| another animal, offered for sale or obtained for sale by a pet | 0008| dealer may be euthanized only by administering sodium | 0009| pentobarbital, a sodium pentobarbital derivative or a substance or | 0010| procedure that acts on the central nervous system and is | 0011| clinically proven to be humane. | 0012| B. A lethal solution shall be administered in the | 0013| following order of preference: | 0014| (1) by intravenous injection by hypodermic | 0015| needle; | 0016| (2) by intraperitoneal injection by hypodermic | 0017| needle; | 0018| (3) by intracardial injection by hypodermic | 0019| needle; or | 0020| (4) by solution or powder added to food. | 0021| C. An animal may be tranquilized with an approved | 0022| humane substance before euthanasia is performed. | 0023| D. Euthanasia shall be performed by a licensed | 0024| veterinarian or a lay person who is humane and proficient in the | 0025| method used. | 0001| E. An animal shall not be left unattended between the | 0002| time euthanasia procedures are commenced and the time death | 0003| occurs, and its body shall not be disposed of until death is | 0004| confirmed by a qualified person. | 0005| F. A cold-blooded animal, except one held as food for | 0006| another animal, offered for sale or obtained for sale by a pet | 0007| dealer may be euthanized only in accordance with American | 0008| veterinary medical association standards. | 0009| G. A district attorney may bring an action to enjoin a | 0010| violation of this section. | 0011| Section 7. REQUIREMENTS FOR CARE OF ANIMALS.-- | 0012| A. A pet dealer shall: | 0013| (1) maintain facilities where animals are kept | 0014| in a sanitary condition; | 0015| (2) provide animals with adequate nutrition and | 0016| potable water; | 0017| (3) provide adequate space appropriate to the | 0018| age, size, weight and species or breed of the animal, including | 0019| providing sufficient space for the animal to stand up, to sit down | 0020| and to turn about freely using normal body movements without the | 0021| head touching the top of the cage and to lie in a natural | 0022| position; | 0023| (4) provide animals housed on wire flooring with | 0024| a rest board, floor mat or similar device that can be maintained | 0025| in a sanitary condition; | 0001| (5) provide mammals with adequate socialization; | 0002| (6) wash hands before and after handling an | 0003| infectious or contagious animal; | 0004| (7) maintain either: | 0005| (a) a fire alarm system that is either | 0006| connected to a central reporting station that alerts the local | 0007| fire department in case of fire or is connected to a location at | 0008| which someone is usually present; or | 0009| (b) a fire suppression sprinkler system; | 0010| and | 0011| (8) provide veterinary care without delay when | 0012| necessary. | 0013| B. A pet dealer shall not purchase or assume ownership | 0014| of a dog or cat that is younger than eight weeks old. | 0015| C. Dogs, cats and primates held by a pet dealer longer | 0016| than three months shall be exercised twice daily for one hour and | 0017| inspected by a veterinarian every fifteen days. | 0018| Section 8. RECORDS.-- | 0019| A. A pet dealer shall keep a written record of the | 0020| sale of each registered or registrable dog or cat for at least two | 0021| years after the date of the sale. The record shall contain all | 0022| the information required to be disclosed by the pet dealer and | 0023| shall be available to animal control officers and law enforcement | 0024| officers for inspection during normal business hours. | 0025| B. For all other animals, a pet dealer shall keep a | 0001| written record of the source of the animal and the animal's | 0002| veterinary record. | 0003| Section 9. REPRESENTATION REGARDING PEDIGREE REGISTRATION.- | 0004| - | 0005| A. A pet dealer shall not state, promise or represent | 0006| to the purchaser, directly or indirectly, that a dog or cat is | 0007| registered or capable of being registered with a pedigree registry | 0008| organization unless the pet dealer provides the purchaser with the | 0009| documents necessary for that registration within one hundred | 0010| twenty days following the sale of the dog or cat. | 0011| B. If the pet dealer fails to provide the documents | 0012| necessary for registration within thirty days of written notice by | 0013| the purchaser that the purchaser has not received the documents, | 0014| the purchaser may keep the dog or cat and receive a partial refund | 0015| of fifty percent of the purchase price or return the dog or cat, | 0016| along with all documentation previously provided to the purchaser, | 0017| for a full refund. | 0018| Section 10. REGISTRATION NOTICE--DISCLOSURE STATEMENT.-- | 0019| A. A pet dealer that sells dogs or cats that are | 0020| registered or registrable with a pedigree registry shall post | 0021| conspicuously within close proximity to those dogs or cats a | 0022| notice that states: "Pedigree registration does not assure | 0023| proper breeding conditions, health, quality or claims to | 0024| lineage.". | 0025| B. For every dog or cat sold by a pet dealer that is | 0001| sold with the representation that the dog or cat is registered or | 0002| registrable with a pedigree registry organization, the following | 0003| fully completed disclosure shall be made by the pet dealer orally | 0004| and in writing on a sheet separate from any other statement in | 0005| substantially the following form: | 0006| "Disclosure by ________________________________________________ | 0007| PEDIGREE REGISTRATION DISCLOSURE | 0008| Description of dog or cat: | 0009| _______________________________________________________________ | 0010| The dog or cat you are purchasing is registered/registrable | 0011| (circle one) with the ________________(enter name of registry). | 0012| Registration means only that ___________________________(enter | 0013| name of registry) maintains information regarding the parentage | 0014| and identity of this dog or cat; it does not guarantee the quality | 0015| or health of this dog or cat, and it does not guarantee quality | 0016| lineage. Since pedigree registries may depend on the honesty and | 0017| accuracy of persons registering dogs or cats, registration does | 0018| not guarantee the accuracy of the lineage recorded or that this | 0019| dog or cat is a purebred. | 0020| Acknowledged: _____________________________Date: ______________ | 0021| Purchaser's signature". | 0022| C. The disclosure shall be signed and dated by the | 0023| purchaser of the dog or cat, acknowledging receipt of a copy of | 0024| the statement. The pet dealer shall retain a copy of the signed | 0025| disclosure. | 0001| Section 11. INFORMATION DISCLOSURE STATEMENT FOR | 0002| PURCHASER.-- | 0003| A. The pet dealer shall deliver to the purchaser at | 0004| the time of sale a written information disclosure statement in a | 0005| standardized form prescribed by the board of veterinary medicine | 0006| containing the following information: | 0007| (1) the breeder's and broker's names and | 0008| addresses, if known, or, if not known, the source of the animal; | 0009| (2) the animal's complete veterinary record, | 0010| including a record of any veterinary treatment or medication given | 0011| while the animal was in the possession of the pet dealer; | 0012| (3) the breed, sex, color and identifying marks | 0013| of the dog or cat sold and, if the person from whom a dog or cat | 0014| was obtained is a pet dealer licensed by the United States | 0015| department of agriculture, the person's name, address and federal | 0016| dealer identification number; | 0017| (4) the date of the dog's or cat's birth, unless | 0018| unknown because of the source of the dog or cat, and the date the | 0019| pet dealer received the dog or cat; | 0020| (5) whether the dog or cat is purebred, | 0021| registered or registrable and, if the dog or cat is being sold as | 0022| such, the names and registration numbers of the sire and dam and | 0023| the litter number, if known; | 0024| (6) if the dog or cat is from a United States | 0025| department of agriculture-licensed source, the individual | 0001| identifying tag, tattoo or collar number for the dog or cat; | 0002| (7) for purchasers of dogs or cats, information | 0003| provided by reputable humane organizations about the value of | 0004| spaying and neutering; | 0005| (8) a statement signed by the pet dealer at the | 0006| time of sale that the dog or cat has no known disease or has no | 0007| known congenital or hereditary condition that adversely affects | 0008| its health at the time of the sale or that is likely to adversely | 0009| affect its health in the future; | 0010| (9) if the dog or cat does have a disease or | 0011| congenital or hereditary condition that adversely affects its | 0012| health at the time of sale or is likely to adversely affect its | 0013| health in the future, then a record of the disease or congenital | 0014| or hereditary condition and a statement signed by a veterinarian | 0015| that authorizes the sale of the dog or cat, recommends necessary | 0016| treatment, if any, and verifies that the disease or congenital or | 0017| hereditary condition does not require hospitalization or a | 0018| nonelective surgical procedure in the future; provided, however, | 0019| that a veterinarian's statement is not required for intestinal or | 0020| external parasites unless their presence makes or is likely to | 0021| make the dog or cat clinically ill. The veterinarian's statement | 0022| is valid for seven days following examination of the dog or cat by | 0023| the veterinarian; and | 0024| (10) for all other animals: | 0025| (a) a statement signed by the pet dealer at | 0001| the time of sale that the animal has no known disease that | 0002| adversely affects its health at the time of the sale or that is | 0003| likely to adversely affect its health in the future; and | 0004| (b) if the animal does have a disease that | 0005| adversely affects its health at the time of sale or is likely to | 0006| adversely affect its health in the future, then a record of the | 0007| disease and a statement signed by a veterinarian that authorizes | 0008| the sale of the animal, recommends necessary treatment, if any, | 0009| and verifies that the disease does not require hospitalization or | 0010| a nonelective surgical procedure in the future; provided, however, | 0011| that a veterinarian's statement is not required for intestinal or | 0012| external parasites unless their presence makes or is likely to | 0013| make the animal clinically ill. The veterinarian's statement is | 0014| valid for seven days following examination of the animal by the | 0015| veterinarian. | 0016| B. The written information disclosure statement shall | 0017| be signed by the pet dealer certifying the accuracy of the | 0018| statement and by the purchaser acknowledging receipt of the | 0019| written information disclosure statement. | 0020| C. A disease or a congenital or hereditary condition | 0021| that adversely affects the health of a dog or cat at the time of | 0022| sale or is likely to adversely affect its health in the future | 0023| shall be one that is apparent to the pet dealer at the time of | 0024| sale or that should have been known by the pet dealer from the | 0025| history of veterinary treatment disclosed pursuant to the | 0001| provisions of this section. | 0002| D. For all other animals, a disease that adversely | 0003| affects the health of the animal at the time of sale or is likely | 0004| to adversely affect its health in the future shall be one that is | 0005| apparent to the pet dealer at the time of sale or that should have | 0006| been known by the pet dealer from the history of veterinary | 0007| treatment disclosed pursuant to the provisions of this section. | 0008| Section 12. PURCHASER'S REMEDIES AFTER SALE OF UNFIT DOG OR | 0009| CAT--VETERINARIAN'S STATEMENT--PAYMENTS DEADLINE.-- | 0010| A. A dog or cat shall be considered unfit for sale if | 0011| a veterinarian states in writing that: | 0012| (1) within fifteen days after the purchaser has | 0013| taken physical possession of the dog or cat sold by a pet dealer, | 0014| it became ill due to a disease that existed before delivery of the | 0015| dog or cat to the purchaser; or | 0016| (2) within six months after the purchaser takes | 0017| physical possession of the dog or cat, it has a congenital or | 0018| hereditary condition that adversely affects its health or requires | 0019| hospitalization or a nonelective surgical procedure related to the | 0020| congenital or hereditary condition. | 0021| B. If a dog or cat is considered unfit for sale and | 0022| veterinary examinations were performed by the pet dealer prior to | 0023| sale pursuant to Section 5 of the Pet Dealer Act, the pet dealer | 0024| shall provide the purchaser with any of the following remedies | 0025| that the purchaser elects: | 0001| (1) return the dog or cat to the pet dealer for | 0002| a refund of the purchase price plus reimbursement for reasonable | 0003| veterinary fees for diagnosis and treatment of the dog or cat not | 0004| to exceed fifty percent of the purchase price of the dog or cat; | 0005| (2) exchange the dog or cat for a dog or cat of | 0006| the purchaser's choice of equivalent value, if a replacement dog | 0007| or cat is available, and reimbursement for reasonable veterinary | 0008| fees for diagnosis and treatment of the dog or cat in an amount | 0009| not to exceed fifty percent of the purchase price of the exchanged | 0010| dog or cat; or | 0011| (3) keep the dog or cat and be reimbursed for | 0012| reasonable veterinary fees for diagnosis and treatment of the dog | 0013| or cat in an amount not to exceed fifty percent of the purchase | 0014| price of the dog or cat. | 0015| C. If a dog or cat is considered unfit for sale and | 0016| veterinary examinations were not performed by the pet dealer prior | 0017| to sale pursuant to Section 5 of the Pet Dealer Act, the pet | 0018| dealer shall provide the purchaser with any of the following | 0019| remedies that the purchaser elects: | 0020| (1) return the dog or cat to the pet dealer for | 0021| a refund of the purchase price plus reimbursement for reasonable | 0022| veterinary fees for diagnosis and treatment of the dog or cat, the | 0023| total not to exceed two hundred percent of the purchase price of | 0024| the dog or cat; | 0025| (2) exchange the dog or cat for a dog or cat of | 0001| the purchaser's choice of equivalent value, if a replacement dog | 0002| or cat is available, and reimbursement for reasonable veterinary | 0003| fees for diagnosis and treatment of the dog or cat in an amount | 0004| not to exceed the purchase price of the exchanged dog or cat; or | 0005| (3) keep the dog or cat and be reimbursed for | 0006| reasonable veterinary fees for diagnosis and treatment of the dog | 0007| or cat in an amount not to exceed one hundred percent of the | 0008| purchase price of the dog or cat. | 0009| D. If the dog or cat dies and veterinary examinations | 0010| were performed by the pet dealer prior to sale pursuant to Section | 0011| 5 of the Pet Dealer Act, the purchaser may obtain a refund for the | 0012| purchase price of the dog or cat or a replacement dog or cat of | 0013| equivalent value of the purchaser's choice and reimbursement for | 0014| reasonable veterinary fees for diagnosis and treatment of the dog | 0015| or cat in an amount not to exceed fifty percent of the purchase | 0016| price of the dog or cat. | 0017| E. If the dog or cat dies and veterinary examinations | 0018| were not performed by the pet dealer prior to sale pursuant to | 0019| Section 5 of the Pet Dealer Act, the purchaser may obtain a refund | 0020| for the purchase price of the dog or cat or a replacement dog or | 0021| cat of equivalent value of the purchaser's choice and | 0022| reimbursement for reasonable veterinary fees for diagnosis and | 0023| treatment of the dog or cat in an amount not to exceed one hundred | 0024| percent of the purchase price of the dog or cat. | 0025| F. The veterinarian's statement shall contain the | 0001| following information: | 0002| (1) the purchaser's name and address; | 0003| (2) the dates the dog or cat was examined; | 0004| (3) the species or breed; color, markings or | 0005| other identifying characteristics; and age of the dog or cat, if | 0006| known; | 0007| (4) that the veterinarian physically examined | 0008| the dog or cat; | 0009| (5) that the dog or cat has or had a disease or | 0010| congenital or hereditary condition that rendered it unfit for | 0011| purchase or resulted in its death; and | 0012| (6) the precise findings of the examination or | 0013| necropsy, including laboratory results or copies of laboratory | 0014| results. | 0015| G. If a reimbursement for reasonable veterinary fees | 0016| is being requested, the veterinarian's statement shall be | 0017| accompanied by an itemized bill of fees appropriate for diagnosis | 0018| and treatment of the disease or congenital or hereditary | 0019| condition. | 0020| H. Refunds and payments of reimbursable fees shall be | 0021| paid, unless contested, by the pet dealer to the purchaser not | 0022| later than ten business days following receipt of the | 0023| veterinarian's statement or, if applicable, not later than ten | 0024| business days after the date on which the dog or cat was returned | 0025| to the pet dealer. | 0001| Section 13. PURCHASER'S REMEDIES AFTER SALE OF UNFIT ANIMAL | 0002| OTHER THAN DOG OR CAT--VETERINARIAN'S STATEMENT--PAYMENTS | 0003| DEADLINE.-- | 0004| A. An animal shall be considered unfit for sale if a | 0005| veterinarian specially trained in veterinary medicine for that | 0006| species states in writing that within fifteen days after the | 0007| purchaser has taken physical possession of the animal sold by a | 0008| pet dealer, the animal became ill due to a disease that existed in | 0009| the animal before delivery of the animal to the purchaser. | 0010| B. If an animal is considered unfit for sale, the pet | 0011| dealer shall provide the purchaser with any of the following | 0012| remedies that the purchaser elects: | 0013| (1) return the animal to the pet dealer for a | 0014| refund of the purchase price plus reimbursement for reasonable | 0015| veterinary fees for diagnosis and treatment of the animal, the | 0016| total not to exceed two hundred percent of the purchase price of | 0017| the animal; | 0018| (2) exchange the animal for an animal of the | 0019| purchaser's choice of equivalent value, if a replacement animal is | 0020| available, and reimbursement for reasonable veterinary fees for | 0021| diagnosis and treatment of the animal in an amount not to exceed | 0022| one hundred percent of the purchase price of the exchanged animal; | 0023| or | 0024| (3) keep the animal and be reimbursed for | 0025| reasonable veterinary fees for diagnosis and treatment of the | 0001| animal in an amount not to exceed one hundred percent of the | 0002| purchase price of the animal. | 0003| C. If the animal dies, the purchaser may obtain a | 0004| refund for the purchase price of the animal or a replacement | 0005| animal of equivalent value of the purchaser's choice and | 0006| reimbursement for reasonable veterinary fees for diagnosis and | 0007| treatment of the animal in an amount not to exceed one hundred | 0008| percent of the purchase price of the animal. | 0009| D. The veterinarian's statement shall contain the | 0010| following information: | 0011| (1) the purchaser's name and address; | 0012| (2) the dates the animal was examined; | 0013| (3) the species or breed; color, markings or | 0014| other identifying characteristics; and age of the animal, if | 0015| known; | 0016| (4) that the veterinarian physically examined | 0017| the animal; | 0018| (5) that the animal has or had a disease that | 0019| rendered it unfit for purchase or resulted in its death; and | 0020| (6) the precise findings of the examination or | 0021| necropsy, including laboratory results or copies of laboratory | 0022| results. | 0023| E. If a reimbursement for reasonable veterinary fees | 0024| is being requested, the veterinarian's statement shall be | 0025| accompanied by an itemized bill of fees appropriate for diagnosis | 0001| and treatment of the disease. | 0002| F. Refunds and payments of reimbursable fees shall be | 0003| paid, unless contested, by the pet dealer to the purchaser not | 0004| later than ten business days following receipt of the | 0005| veterinarian's statement or, if applicable, not later than ten | 0006| business days after the date on which the animal was returned to | 0007| the pet dealer. | 0008| Section 14. UNFIT FOR SALE--PARASITES NOT GROUNDS--FEES.-- | 0009| A. A finding by a veterinarian of intestinal or | 0010| external parasites shall not be grounds for declaring an animal | 0011| unfit for sale unless their presence makes or is likely to make | 0012| the animal clinically ill. | 0013| B. The fee for veterinary services shall be deemed | 0014| reasonable if the services rendered are appropriate for the | 0015| diagnosis and treatment of disease or congenital or hereditary | 0016| condition and the fee is similar to fees charged by other | 0017| veterinarians in the locale for similar services. | 0018| Section 15. PROCEDURE TO CONTEST DEMAND FOR REMEDIES.-- | 0019| A. If the pet dealer contests a demand for any of the | 0020| remedies specified in Section 12 or 13 of the Pet Dealer Act, the | 0021| pet dealer may require the purchaser to produce the animal for | 0022| examination by a veterinarian designated by the pet dealer. The | 0023| pet dealer shall pay the cost of the examination. If the deceased | 0024| animal's body is not available for examination, the purchaser may | 0025| only claim a replacement, not veterinary fees or a refund. | 0001| B. If the purchaser and the pet dealer are unable to | 0002| reach an agreement within ten business days following receipt by | 0003| the pet dealer of the veterinarian's statement provided by Section | 0004| 12 or 13 of the Pet Dealer Act, or following receipt of the animal | 0005| for examination by the pet dealer's veterinarian, whichever is | 0006| later, the purchaser may initiate an action in a court of | 0007| competent jurisdiction to resolve the dispute or the parties may | 0008| submit to binding arbitration if mutually agreed upon in writing | 0009| by the parties. | 0010| C. The prevailing party in the dispute may collect | 0011| court costs and reasonable attorney fees only if the court finds | 0012| the other party acted in bad faith. | 0013| Section 16. REQUIREMENTS TO OBTAIN REMEDIES.--To obtain the | 0014| remedies provided for in Section 12 or 13 of the Pet Dealer Act, | 0015| the purchaser shall comply substantially with the following | 0016| requirements: | 0017| A. notify the pet dealer as soon as possible but not | 0018| more than two days, weekends, holidays and other days the pet | 0019| dealer is closed excluded, after the diagnosis by a veterinarian | 0020| of a health problem, including a congenital or hereditary | 0021| condition of a dog or cat, and of the name and telephone number of | 0022| the veterinarian providing the diagnosis; | 0023| B. if the animal died, provide the pet dealer with a | 0024| written statement from a veterinarian that the animal died from a | 0025| disease, illness or congenital or hereditary condition that | 0001| existed on or before the delivery of the animal to the purchaser. | 0002| The presentation of the statement shall be sufficient proof to | 0003| claim replacement if the deceased animal's body is not available; | 0004| and | 0005| C. inform the pet dealer of the remedy chosen pursuant | 0006| to Section 12 or 13 of the Pet Dealer Act. | 0007| Section 17. REFUND, REPLACEMENT AND REIMBURSEMENT OF | 0008| VETERINARY FEES--LIMITATIONS.--No refund, replacement or | 0009| reimbursement of veterinary fees shall be made if any of the | 0010| following conditions exist: | 0011| A. the disease or death resulted from maltreatment or | 0012| neglect or from an injury sustained or a disease contracted | 0013| subsequent to the delivery of the animal to the purchaser; | 0014| B. the purchaser fails to carry out the recommended | 0015| treatment prescribed by the examining veterinarian who made the | 0016| initial diagnosis; provided, however, this subsection shall not | 0017| apply if the cost of the treatment together with the veterinary | 0018| fee for the diagnosis would exceed the purchase price of the | 0019| animal; | 0020| C. a veterinarian's statement was provided to the | 0021| purchaser as part of the written information disclosure statement | 0022| that disclosed the disease or congenital or hereditary condition | 0023| for which the purchaser seeks to return the animal; provided, | 0024| however, that this subsection does not apply if, within six months | 0025| after the purchaser takes physical possession of the animal, a | 0001| veterinarian states in writing that the disease or congenital or | 0002| hereditary condition requires or is likely in the future to | 0003| require hospitalization or a nonelective surgical procedure or | 0004| that the disease or congenital or hereditary condition resulted in | 0005| the death of the animal; or | 0006| D. the purchaser refuses to return to the pet dealer | 0007| all documents previously provided to the purchaser for the purpose | 0008| of registering the animal. | 0009| Section 18. WRITTEN NOTICE OF PURCHASER'S RIGHTS.-- | 0010| A. Every pet dealer that sells an animal shall provide | 0011| the purchaser at the time of sale, and a prospective purchaser | 0012| upon request, with a written notice of rights. The notice shall | 0013| be provided as a separate document. The written notice of rights | 0014| shall be signed by the purchaser acknowledging that he has | 0015| reviewed the notice. The notice shall be in substantially the | 0016| following form: | 0017| "A STATEMENT OF NEW MEXICO LAW GOVERNING | 0018| THE SALE OF ANIMALS | 0019| The sale of animals is subject to the provisions of the Pet | 0020| Dealer Act. | 0021| If a veterinarian states in writing that your animal is | 0022| unfit for purchase because it became ill due to a disease that | 0023| existed within fifteen days following delivery to you, you may | 0024| choose one of the following: | 0025| (1) return your animal and receive a refund of the | 0001| purchase price and receive reimbursement for reasonable veterinary | 0002| fees up to the purchase price of the animal; | 0003| (2) return your animal and receive an animal of your | 0004| choice of equivalent value, if a replacement animal is available, | 0005| and receive reimbursement for reasonable veterinary fees up to the | 0006| purchase price of the exchanged animal; or | 0007| (3) keep your animal and receive reimbursement for | 0008| reasonable veterinary fees up to the purchase price of the animal. | 0009| If the pet dealer had your animal examined prior to sale, | 0010| you will only be allowed reimbursement of reasonable veterinary | 0011| fees up to fifty percent of the purchase price of the animal. | 0012| If your animal dies, you may receive a refund for the | 0013| purchase price of the animal or a replacement animal of your | 0014| choice of equivalent value. You may also be reimbursed for | 0015| reasonable veterinary fees for the diagnosis and treatment of the | 0016| animal in an amount not to exceed the purchase price of the | 0017| animal. As provided above, the amount of reimbursement for | 0018| veterinary fees is contingent on whether the pet dealer had your | 0019| animal examined by a veterinarian prior to sale. | 0020| To obtain available remedies, your veterinarian must state | 0021| in writing that the animal died due to a disease that existed | 0022| within fifteen days after you obtained physical possession of the | 0023| animal after the sale by the pet dealer. The total of refund and | 0024| reimbursement fees may not be more than twice the purchase price | 0025| of the animal. | 0001| To exercise these rights, you must notify the pet dealer as | 0002| quickly as possible but no later than two days, weekends, holidays | 0003| and other days the pet dealer is closed excluded, after your | 0004| veterinarian informs you that a problem exists. You must tell the | 0005| pet dealer about the problem and give the pet dealer the name and | 0006| telephone number of the veterinarian providing the diagnosis. | 0007| If you are making a claim, you must present to the pet | 0008| dealer a written veterinarian's statement, in a form prescribed by | 0009| law, that the animal is unfit for purchase and an itemized | 0010| statement of all veterinary fees related to the claim. This | 0011| information must be presented to the pet dealer no later than two | 0012| days, weekends, holidays and other days the pet dealer is closed | 0013| excluded, after you receive the written statement from the | 0014| veterinarian. | 0015| If the pet dealer wishes to contest the statement or the | 0016| veterinarian's bill, the pet dealer may request that you produce | 0017| the animal for examination by a veterinarian of the pet dealer's | 0018| choice. The pet dealer shall pay the cost of this examination. | 0019| A deceased animal need not be returned to the pet dealer if | 0020| the animal's body is not available; however, in that case, you can | 0021| only receive a replacement animal. | 0022| If you purchased a dog or cat and you discovered within six | 0023| months of purchase that the dog or cat has a congenital or | 0024| hereditary condition that adversely affects its health, or it | 0025| requires hospitalization or a nonelective surgical procedure | 0001| related to the condition, your remedies will be the same as those | 0002| provided for diseased animals described above. | 0003| If you and the pet dealer cannot resolve the claim within | 0004| ten business days following receipt of the veterinarian's | 0005| statement or the examination by the pet dealer's veterinarian, | 0006| whichever occurs later, you may file an action in a court of | 0007| competent jurisdiction to resolve the dispute. The court may | 0008| award costs and attorney fees to the prevailing party if the court | 0009| finds that the other party acted in bad faith. If the pet dealer | 0010| does not contest the matter, the pet dealer must make the refund | 0011| or reimbursement no later than ten business days after receiving | 0012| the veterinarian's statement. | 0013| If the pet dealer represented your dog or cat as registrable | 0014| with a pedigree registry organization, the pet dealer shall | 0015| provide you with the papers necessary to process the registration | 0016| within one hundred twenty days following the date you received the | 0017| dog or cat. If the pet dealer fails to deliver the papers within | 0018| the prescribed time, you are entitled to return the dog or cat for | 0019| a full refund of the purchase price or, if you choose to keep the | 0020| dog or cat, a refund of fifty percent of the purchase price. | 0021| THIS STATEMENT IS A SUMMARY OF KEY PROVISIONS OF THE | 0022| CONSUMER PROTECTION REMEDIES AVAILABLE TO YOU. IT IS NOT AN EXACT | 0023| REPLICA OF THE LAW. NEW MEXICO LAW ALSO PROVIDES SAFEGUARDS TO | 0024| PROTECT PET DEALERS. IF YOU HAVE ANY QUESTIONS, OBTAIN A COPY OF | 0025| THE COMPLETE RELEVANT STATUTES. | 0001| The pet dealer will discuss other information required by | 0002| law to be provided to you upon request.". | 0003| B. The pet dealer shall post in a conspicuous location | 0004| a sign in large print that states that the notice provided for in | 0005| this section is available to purchasers and potential purchasers | 0006| upon request. | 0007| Section 19. REMEDIES NOT EXCLUSIVE.-- | 0008| A. Nothing in the Pet Dealer Act limits the rights and | 0009| remedies that are otherwise available to a purchaser under any | 0010| other law, nor shall that act limit the pet dealer and the | 0011| purchaser from agreeing between themselves on additional terms and | 0012| conditions that are not inconsistent with that act. An agreement | 0013| by a purchaser to waive any rights under that act is void. | 0014| B. Nothing in the Pet Dealer Act limits or authorizes | 0015| any act or omission that would be a crime under the Criminal Code, | 0016| Chapter 77 NMSA 1978 or other New Mexico laws. | 0017| C. Nothing in the Pet Dealer Act shall preclude a | 0018| person from pursuing relief through the Unfair Practices Act. | 0019| Section 20. CRIMINAL PENALTIES.-- | 0020| A. A person who violates Section 4, 5, 6, 8, 9, 11 or | 0021| 18 or Paragraphs (1) through (4) and (6) through (8) of Subsection | 0022| A of Section 7 of the Pet Dealer Act is guilty of a misdemeanor | 0023| and upon conviction shall be sentenced pursuant to the provisions | 0024| of Section 31-19-1 NMSA 1978. | 0025| B. If authorized to do so by the municipality or | 0001| county, a municipal or county animal control officer may appear | 0002| and prosecute charges pursuant to this section. | 0003| Section 21. CIVIL PENALTIES.-- | 0004| A. Except as otherwise provided in this subsection, a | 0005| person violating any provision of the Pet Dealer Act shall be | 0006| liable for a civil penalty of not to exceed one thousand dollars | 0007| ($1,000) per violation. The civil action may be prosecuted by the | 0008| district attorney for the county in which the violation occurred. | 0009| For the first violation of Paragraph (2) of Subsection A of | 0010| Section 12 of the Pet Dealer Act, the pet dealer shall be subject | 0011| to purchaser's remedies only. | 0012| B. Except as otherwise provided in the Pet Dealer Act, | 0013| no pet dealer shall knowingly sell an animal that has a disease or | 0014| a dog or cat that has a congenital or hereditary condition that | 0015| requires hospitalization or nonelective surgical procedures. In | 0016| addition to the civil penalty imposed pursuant to Subsection A of | 0017| this section, the pet dealer may be prohibited from selling | 0018| animals for up to thirty days. For a second offense under this | 0019| subsection, the pet dealer shall be liable for a civil penalty of | 0020| up to two thousand five hundred dollars ($2,500) or a prohibition | 0021| from selling animals for up to ninety days or both. For a third | 0022| offense under this subsection, the pet dealer shall be liable for | 0023| a civil penalty of up to five thousand dollars ($5,000) or a | 0024| prohibition from selling animals for up to six months or both. | 0025| For a fourth offense under this subsection, the pet dealer shall | 0001| be liable for a civil penalty of up to ten thousand dollars | 0002| ($10,000) and a prohibition from selling animals for a period | 0003| determined by the court. For purposes of this subsection, a | 0004| violation that occurred over five years prior to the most recent | 0005| violation shall not be considered. | 0006| C. Except as otherwise provided in this subsection, a | 0007| pet dealer who misrepresents a dog or cat as registered or | 0008| registrable in violation of Subsection A of Section 9 of the Pet | 0009| Dealer Act shall be liable to the purchaser for civil damages in | 0010| an amount equal to two times the cost of the dog or cat. For the | 0011| first violation of Subsection A of Section 9 of the Pet Dealer | 0012| Act, the pet dealer shall only provide damages in an amount equal | 0013| to the purchase price of the animal. Claim for payment pursuant | 0014| to this subsection shall be made within one year from the date of | 0015| purchase of the dog or cat. The remedy provided in this | 0016| subsection shall be in addition to any other remedies or penalties | 0017| provided in the Pet Dealer Act. | 0018| Section 22. EFFECTIVE DATE.--The effective date of the | 0019| provisions of this act is July 1, 1997. | 0020|  |