H 3656 General Bill, By J.J. Bailey
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 47-13-160 so as to require a pet dealer and pet shop owner to provide an
 animal buyer with a statement from a licensed veterinarian that the animal has
 been examined and is free of disease and deformity, provide remedies, and
 define terms.

   03/07/91  House  Introduced and read first time HJ-5
   03/07/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-5

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 47-13-160. (A) A pet dealer and pet shop owner may not sell an animal without providing the buyer with a statement from a licensed veterinarian that the animal has been examined and is free of disease and deformity.

(B) If a dealer or owner fails to comply with the provisions of this section, the buyer may return the animal and receive a refund of his payment within twelve months of the sale.

(C) If the seller refuses to refund the buyer's payment pursuant to subsection (B), the buyer may institute an action in his name to recover damages. The court, upon a finding that the seller violated the provisions of this section, shall award the buyer three times the amount of the payment, attorney's fees as determined by the court, and costs.

(D) As used in this section:

(1) `Pet dealer' is a person engaged in the ordinary course of business and sale to the public for profit of an animal described as being registered or being capable of being registered with an animal pedigree organization.

(2) `Pet shop' means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the public."

SECTION 2. This act takes effect upon approval by the Governor.