(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT
- 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 and cats. (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 pets; requiring that a retailer or dealer of dogs or cats provide certain information concerning the history of a dog or cat to any purchaser before the completion of the sale; providing a penalty; 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 a new section to read as follows:
1. In addition to any other penalty provided by law, the administrator may impose an administrative fine on any retailer or dealer who violates the provisions of NRS 574.460, 574.470 or 574.480 in an amount not to exceed:
- For the first violation $250
- For the second violation 500
- For each subsequent violation 1,000
2. All fines collected by the administrator pursuant to subsection 1 must be deposited with the state treasurer for credit to the state general fund.
3. As used in this section, "administrator" means the administrator of the division of agriculture of the department of business and industry.
Sec. 2. NRS 574.450 is hereby amended to read as follows:
574.4501. A retailer or dealer shall, after the acquisition of a cat or dog for resale, cause the cat or dog to be examined by a veterinarian. The retailer or dealer shall not sell the cat or dog before it is initially examined by a veterinarian.
2. A retailer or dealer shall cause a cat or dog acquired for resale to be re-examined by a veterinarian:
(a) Fourteen days after the date of its initial examination; and
(b) Every 30 days thereafter until sold.
3. If a veterinarian conducting an examination pursuant to this section finds that the cat or dog has no illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention, he shall provide a written statement setting forth his findings to the retailer or dealer.
4. [A retailer or dealer shall provide to the purchaser of a cat or dog, at the time of sale, written notice of any veterinary treatment or medication received by the cat or dog after it was acquired by the retailer or dealer, including a copy of any statement provided by a veterinarian pursuant to subsection 3. The notice must be signed by the retailer or dealer, dated and include the dates on which the cat or dog was examined and on which the cat or dog received medication or a vaccination.
5.] A retailer or dealer shall not knowingly sell a cat or dog if it has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention.
[6.] 5. For the purposes of this section, the presence of internal or external parasites does not constitute an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention unless the cat or dog is clinically ill as a result of the parasite.
Sec. 3. NRS 574.460 is hereby amended to read as follows:
574.4601. A retailer or dealer shall , before selling a cat, provide the purchaser of [a cat, at the time of sale,] the cat with a written statement [containing:
1.] that discloses:
(a) The name, address and telephone number of the retailer or dealer.
(b) The date the cat was born, if known.
[2.] (c) The name and address of the person from whom the retailer or dealer obtained the cat and, if the person holds a license issued by the United States Department of Agriculture, the person's federal identification number.
[3.] (d) The name and address of the breeder of the cat, if any, and, if the breeder holds a license issued by the United States Department of Agriculture, the breeder's federal identification number.
(e) The registration numbers, if any, of the cat's sire and dam with the appropriate breed registry or any health certifications from a health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.
(f) A record of any immunizations administered to the cat before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.
[4. Notice of any]
(g) The medical history of the cat, including, without limitation:
(1) The date that a veterinarian examined and, if applicable, re-examined the cat pursuant to subsections 1 and 2 of NRS 574.450 and determined that the cat did not have 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] For the purposes of this subparagraph, the presence of internal or external parasites does not constitute an illness, disease or other condition [for which notice must be given pursuant to this subsection] that is terminal or requires immediate hospitalization or immediate surgical intervention, unless the cat is clinically ill as a result of the parasite.
(2) Whether any treatment or medication has been administered by the veterinarian who examined or, if applicable, re-examined the cat pursuant to subsections 1 and 2 of NRS 574.450 and if such treatment or medication was administered, a statement indicating on what date it was administered and for what illness, disease or condition.
(3) The name and address of the veterinarian who performed the examinations or re-examinations or administered any treatments or medications.
(h) That a copy of the veterinarian's evaluation of the health of the cat made pursuant to NRS 574.450 is available to the purchaser.
2. The written statement must be signed and dated by the retailer or dealer and contain a space for the purchaser to sign and date the statement as an attestation that he has read and understands the disclosures contained in the statement.
Sec. 4. NRS 574.470 is hereby amended to read as follows:
574.4701. A retailer or dealer shall , before selling a dog, provide the purchaser of [a dog, at the time of sale,] the dog with a written statement [containing:
1.] that discloses:
(a) The name, address and telephone number of the retailer or dealer.
(b) The date the dog was born, if known.
[2.] (c) The name and address of 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.] (d) The name and address of the breeder of the dog , if any, and, if the breeder holds a license issued by the United States Department of Agriculture, the breeder's federal identification number.
[4.] (e) The registration numbers, if any, of the dog's sire and dam with the appropriate breed registry or any health certifications from a health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.
[5.] (f) A record of any immunizations administered to the dog before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.
[6. Notice of]
(g) The medical history of the dog, including, without limitation:
(1) The date that a veterinarian examined and, if applicable, re-examined the dog pursuant to subsections 1 and 2 of NRS 574.450 and determined that the dog did not have 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] For the purposes of this subparagraph, the presence of internal or external parasites does not constitute an illness, disease or other condition [for which notice must be given pursuant to this subsection] that is terminal or requires immediate hospitalization or immediate surgical intervention, unless the dog is clinically ill as a result of the parasite.
(2) Whether any treatment or medication has been administered by the veterinarian who examined or, if applicable, re-examined the dog pursuant to subsections 1 and 2 of NRS 574.450 and, if such treatment or medication was administered, a statement indicating on what date it was administered and for what illness, disease or condition.
(3) The name and address of the veterinarian who performed the examinations or re-examinations or administered any treatments or medications.
(h) That a copy of the veterinarian's evaluation of the health of the dog performed pursuant to NRS 574.450 is available to the purchaser.
2. The written statement must be signed and dated by the retailer or dealer and contain a space for the purchaser to sign and date the statement as an attestation that he has read and understands the disclosures contained in the statement.
Sec. 5. NRS 574.480 is hereby amended to read as follows:
574.480A retailer or dealer shall conspicuously post within close proximity to the primary enclosure of a dog or cat offered for sale the following notice printed in at least [100-point type: INFORMATION ON THE] 48-point type upon paper that is at least 11 inches wide and 17 inches long:
NEVADA LAW REQUIRES THAT INFORMATION CONCERNING THE DATE OF BIRTH, SOURCE , LINEAGE AND MEDICAL HISTORY OF THESE DOGS (OR CATS) [, AND OF VETERINARY TREATMENTS RECEIVED BY THESE DOGS (OR CATS), IS AVAILABLE FOR REVIEW.] BE PROVIDED TO THE PURCHASER BEFORE THE COMPLETION OF ANY SALE.
30