NO reputable dog or cat breeder would ever sell their animals to pet stores - that's just a fact. Responsible breeders want to know where their animals are going and who they're going to. Reputable hobby breeders are also unable to produce the high amount of animals needed to keep pet stores stocked - only "pet mills" are able to keep up with the demand.
WHY STORES SELL SICK PETS
The places that supply pet stores, called "pet mills" or "commercial breeders", produce animals in a warehouse-like atmosphere. The animals are raised with profit in mind: they are kept in rows of bare wire kennels, fed low quality food, given prophylactic (preventative - not always needed) "veterinary care", and have little or no socialization with humans. They are considered livestock – not pets.
The unhealthy conditions and lack of veterinary care found in these breeding facilities lead to serious problems. Many pet store puppies and kittens suffer from serious illnesses, such as parvovirus, distemper, ear infections, and respiratory problems.
Because the animals are bred for quantity, not quality, unmonitored genetic defects and personality disorders are passed on from generation to generation. Many pet store pets (such as Mickey) develop hip deformities, epilepsy, and vision or hearing problems later on in life.
To make matters worse, pet shop puppies and kittens come into contact with numerous animals at breeder and brokers' holding facilities, during transport, and ultimately at pet shops. During this time, they are commonly exposed to a variety of illnesses. Transportation stress makes them more susceptible to these illnesses.
For all these reasons, in addition to abuse in pet stores, the chances of purchasing a sick pet store animal are EXTREMELY high. Acknowledging that fact, eighteen states - AZ, AR, CA, CT, DE, FL, ME, MA, MN, NH, NJ, NY, NV, PA, RI, SC, VT, VI - have enacted "pet lemon laws" (similar to those used in the car business) that protect consumers when purchasing pets. All the seventeen states cover dogs, fourteen of them also cover cats, and one (New Hampshire) includes ferrets.
THE USUAL TERMS
Pet lemon laws give pet store customers the right to return a sick or dead pet for a refund or replacement. Most also give customers the option of retaining the pet, having it treated and getting some level of reimbursement for veterinary expenses (the amount of reimbursement is usually limited to the purchase price of the pet plus sales tax).
In most states, the owner has one to two weeks to return the animal, with a certificate from a veterinarian stating that the dog has a serious disease or congenital defect that was present when the dog was sold. If the dog suffers from a congenital disorder, the owner may have up to a year to return it to the pet store and/or get a refund.
If the pet store refuses to refund or reimburse a customer within a certain number of business days following receipt of the veterinarian statement, the customer can file an action in court to resolve the dispute. Usually, it is the state Attorney General's job to enforce lemon laws. To find your state's, visit: http://www.naag.org/attorneys_general.php
In some states, sellers who intentionally or knowingly misrepresent a dog’s health or fitness may also face additional civil or criminal penalties. Some unscrupulous pet stores have lost their licenses and the ability to ever sell animals again.
EXCEPTIONS TO THE LAW
Pet stores do not have to pay reimbursements if the animal's illness or death resulted from maltreatment, neglect, or injuries that occurred after the sale; or if the veterinary statement received at the time of sale discloses the disease or condition.
Parasites are also not a qualifying illness for compensation in most states.
If a customer signs a waiver (usually disguised as a "guarantee") at the time of purchase, they can lose all their legal rights to any recourse against the store. This is what happened with Mickey, a pet store puppy diagnosed with dysplasia.
STATES WITH LEMON LAWS
Currently, 17 states have pet lemon laws:
Arizona - Title 44, Chapter 11, Article 17 of the Arizona Revised Statutes "Pet Dealers" section. Covers contagious or infectious diseases for 15 days; congenital or hereditary defects are covered for up to 60 days.
Arkansas - Section 4-97-105 of the Arkansas Code. Applies to dogs and cats only. Health problems are covered for 10 days.
California - The Polanco-Lockyer Pet Breeder Warranty Act (HEALTH AND SAFETY CODE, SECTION 122045-122222). Covers contagious or infectious diseases for 15 days; congenital or hereditary defects are covered for up to 1 year. This lemon law is for dogs and cats only.
Connecticut - Section 22-344b of the CT Code. Dogs and cats are covered for health problems for 15 days. Reimbursements for veterinary bills can not exceed two hundred dollars.
Delaware - Section 4005 of the DE Code. Covers contagious or infectious diseases for 20 days; congenital or hereditary defects are covered for up to 2 years. The animal can be either returned for a full refund of the purchase price, exchanged, or retained. Reimbursement for reasonable veterinary fees can not exceed the original purchase price of the animal. Parasites are covered if they make the animal clinically ill.
Florida - Florida State Statute 828.29. Covers contagious or infectious diseases for 14 days; congenital or hereditary defects are covered for up to 1 year.
Maine - Title 7, Part 9, Chapter 745: SALE OF DOGS AND CATS. Covers contagious or infectious diseases for 10 days; congenital or hereditary defects are covered for up to 1 year.
Massachusetts - 330 CMR 12.05. Health problems in dogs and cats are covered for 14 days. Requires a refund or a replacement animal - no veterinary bill reimbursement.
Minnesota - Section 325F.791 of the MN Code. Covers contagious or infectious diseases for 10 days; congenital or hereditary defects are covered for up to 1 year. This lemon law is for dogs and cats only.
New Hampshire - Section 437.13 of the NH Code. Refunds or substitutions for up to 14 days; does not cover vet bills. Includes dogs, cats, and ferrets.
New Jersey - NJ Statute 56:8-93. Contagious or infectious diseases are covered for 14 days; congenital or hereditary defects are covered up to 6 months. The consumer has the right to return the dog or cat and receive a full refund or replacement plus reimbursement of veterinary fees; or retain the dog or cat and receive reimbursement of veterinary fees plus the cost of future veterinary fees.
New York - Article 35-D Section 753 of the General Business Law. Health conditions in dogs and cats are covered for 14 days.
Nevada - Section 574.490 of the Nevada Code. Covers health problems for up to 10 days. Provides refund of purchase price, replacement of equal value, or reimbursement of vet bills, in an amount not to exceed the purchase price of the pet.
Pennsylvania - Contagious or Infectious Diseases are covered: 10 days; Congenital or Hereditary Defects: 30 days
Rhode Island - Contagious or Infectious Diseases are covered: 20 days; Congenital or Hereditary Defects: 2 years. A seller must reimburse 75% of the purchase price if registration papers are not provided within 120 days for animals sold as registerable. Further, if the seller misrepresents the breed of an animal, the purchaser is entitled to “all remedies” in the act.
South Carolina - Section 47-13-160 of the SC Code. Covers contagious or infectious diseases for 14 days; congenital or hereditary defects are covered for up to 6 months. Pet store liability for veterinary fees must not exceed fifty percent of the purchase price, including sales tax, of the animal.
Vermont - 20V.S.A. sec. 4302. Covers contagious or infectious diseases for 7 days; congenital or hereditary defects are covered for up to 1 year.
Virginia - 3.1-796.80. Health problems are covered for 10 days. Must return the pet to recieve refund or exchange.
If you find that your state's lemon law is ineffectual or unhelpful in solving your complaint, you can help improve the law by calling or writing your state representatives. Find their addresses and phone numbers in the State Government pages (under "Assembly" and "Senate") at the front of your white pages phone directory.
If your state is without a lemon law, encourage your representative to draft or support one.
Related Sites/Articles
Sold A Sick Pet?
Take Action Against Pet Store Abuse
Puppy Lemon Law States (offsite link)
Lemon Laws for Pets (Offsite link)
When a Dog Is a Lemon (Offsite Link)
