Assembly Bill No. 405

Assembly Bill No. 405-Assemblyman Manendo (by request)

April 24, 1997
____________

Referred to Committee on Natural Resources, Agriculture, and Mining

SUMMARY--Revises provisions governing sale of dogs. (BDR 50-1069)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to dogs; revising the provisions governing the sale of dogs; providing remedies for purchasers of dogs that die, become ill or have certain undisclosed congenital or hereditary defects; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2 1. If, not more than 10 days after the date of purchase of a dog from a retailer or dealer, the dog dies or becomes clinically ill from a contagious, infectious or parasitic illness or disease, or if, not more than 30 days after the date of purchase, the dog dies from a defect that is congenital or hereditary or is diagnosed to have such a defect that adversely affects its health, as determined by a veterinarian through physical examination, diagnostic test or necropsy, the purchaser may, except as otherwise provided in subsection 2:
(a) Return the dog to the retailer or dealer for a complete refund of the purchase price;
(b) Return the dog to the retailer or dealer for a replacement dog of equal value if one is available; or
(c) If a veterinarian determines the condition of the dog can be corrected, retain the dog and receive from the retailer or dealer reimbursement of veterinary costs for correcting the condition of the dog, not to exceed the purchase price of the dog.
2. A purchaser may not exercise any remedy provided in subsection 1 for the existence of a defect that is congenital or hereditary if the retailer or dealer disclosed the specific defect to the purchaser in writing at the time of sale and the disclosure is signed by both the retailer or dealer and the purchaser.
3. If a purchaser receives a replacement dog pursuant to subsection 1, the purchaser shall be deemed to have purchased the dog on that date for the purpose of exercising any remedy provided by this section.
Sec. 3 1. A purchaser who wishes to exercise a remedy provided by section 2 of this act must present to the retailer or dealer a certificate from a veterinarian which:
(a) Contains the name and address of the purchaser of the dog.
(b) Contains the name, address and telephone number of the veterinarian.
(c) Sets forth the breed, sex, color, markings and age of the dog, if known. If the breed of the dog is unknown or mixed, the certificate must so indicate.
(d) Specifies the date that the dog was examined and the fee charged for the examination.
(e) Sets forth the opinion of the veterinarian that the dog has died or become clinically ill from a contagious, infectious or parasitic illness or disease, has died from a defect that was congenital or hereditary or is diagnosed to have such a defect that adversely affects its health.
(f) Specifies any recommended treatment with an estimate of the cost of that treatment.
(g) Is signed by the veterinarian.
2. The certificate must be presented to the retailer or dealer not more than 2 business days after it is signed by the veterinarian.
3. A purchaser who fails to provide the dog with the treatment recommended by the veterinarian until a remedy provided by section 2 of this act is agreed upon by the retailer or dealer and the purchaser forfeits all rights to exercise any remedy provided by section 2 of this act.
Sec. 4 1. Except as otherwise provided in this section, a retailer or dealer to whom a certificate of a veterinarian is provided timely pursuant to section 3 of this act shall provide a refund, replacement pet or reimbursement to the purchaser not more than 10 business days after receiving the certificate from the purchaser.
2. If a retailer or dealer wishes to contest a purchaser's demand for a refund, replacement dog or reimbursement, the retailer or dealer shall, not more than 2 business days after receiving the certificate, require the purchaser to deliver the dog to a veterinarian designated by the retailer or dealer for examination. If the dog cannot be transported because of hospitalization, the veterinarian of the purchaser shall provide the health history of the dog in writing to the veterinarian designated by the retailer or dealer. The retailer or dealer shall pay all fees for examination of the dog by his veterinarian, including, without limitation, the cost of diagnostic tests.
3. Unless the dog is hospitalized, if the purchaser does not deliver the dog to the veterinarian of the retailer or dealer within 2 business days after being requested to do so by the retailer or dealer, the purchaser forfeits all rights to exercise any remedy provided by section 2 of this act. If the retailer or dealer and the purchaser cannot agree on a remedy pursuant to section 2 of this act within 14 business days after delivery of the dog to the veterinarian of the retailer or dealer, either party may bring an action in any court of competent jurisdiction.
Sec. 5 1. The division of agriculture of the department of business and industry and the office of the attorney general shall enforce the provisions of NRS 574.210 to 574.510, inclusive, and sections 2 to 5, inclusive, of this act.
2. The division may impose an administrative fine not to exceed $1,000 upon a person who violates any provision of NRS 574.210 to 574.510, inclusive, and sections 2 to 5, inclusive, of this act.
Sec. 6 NRS 574.210 is hereby amended to read as follows:
574.210 As used in NRS 574.210 to 574.510, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 574.220 to 574.330, inclusive, have the meanings ascribed to them in those sections.
Sec. 7 NRS 574.470 is hereby amended to read as follows:
574.470[A]
1. Except as otherwise provided in subsection 2, a retailer or dealer shall provide the purchaser of a dog [, at] :
(a) At the time of sale, with a written statement containing:
[1.] (1) The breed, sex, color and markings of the dog and the date the dog was born, if known.
[2.] If the breed of the dog is unknown or mixed, the statement must so indicate.
(2) The name and address of the retailer or dealer and the person from whom the retailer or dealer obtained the dog and, if the person holds a license issued by the United States Department of Agriculture, the person's federal identification number.
[3.] (3) The name and address of the breeder of the dog and, if the breeder holds a license issued by the United States Department of Agriculture, the breeder's federal identification number.
[4.] (4) The registration numbers, if any, of the dog's sire and dam with the appropriate breed registry or any health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.
[5.] (5) A record of [any] all immunizations and parasitical medicine administered to the dog before the time of sale, including the type of vaccine [,] or medicine, date of administration and name and address of the veterinarian who prescribed the vaccine [.
6.] or medicine.
(6) Notice of any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and is apparent at the time of the sale or should have been known from the records of the veterinarian received pursuant to NRS 574.450. The presence of internal or external parasites does not constitute an illness, disease or other condition for which such notice must be given [pursuant to this subsection] unless the dog is clinically ill as a result of the parasite.
(b) Not more than 120 days after the date of sale if the retailer or dealer has represented that the dog is registerable, all of the documents necessary to register the dog. If the dog is to be imported from outside the United States, the retailer or dealer may extend the 120 days by providing written notice to the purchaser that an extension is needed and the expected arrival date of the documents.
2. The retailer or dealer may withhold from the purchaser all of the documents necessary to register the dog until the purchaser provides the retailer or dealer with a written statement signed by a veterinarian that the dog is spayed or neutered, if agreed to in writing by the retailer or dealer and the purchaser at the time of sale.
3. If the retailer or dealer fails to comply with the provisions of subsection 1, the purchaser may:
(a) Return the dog and receive a full refund of the purchase price; or
(b) Retain the dog and receive a refund of 50 percent of the purchase price.
4. A retailer or dealer shall conspicuously post in his place of business a written notice of the provisions of this section, and shall provide such written notice to the purchaser of a dog at the time of sale.
Sec. 8 NRS 574.490 is hereby amended to read as follows:
574.490If a person purchases a [pet] cat from a retailer or dealer and, within 10 days after the sale, a veterinarian determines that the [pet] cat has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and that was in existence on the date of the sale, the retailer or dealer shall, at the option of the purchaser, either:
1. Refund the purchase price of the [pet] cat if the [pet] cat is returned or provide the purchaser with another [pet] cat of equal value; or
2. Reimburse the purchaser, in an amount not to exceed the purchase price of the [pet,] cat, for expenses incurred by the purchaser in obtaining a diagnosis and treatment for the [pet] cat from a veterinarian chosen by the retailer or dealer.