S*142 Session 109 (1991-1992)
S*0142(Rat #0521, Act #0001 of 1993) General Bill, By McConnell and M.T. Rose
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, pet shop, or pet breeder to provide a
statement from a licensed veterinarian that the animal has been examined and
is free of disease and deformity, to provide remedies, and define
terms.-amended title.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Agriculture and Natural
Resources
01/08/91 Senate Introduced and read first time SJ-62
01/08/91 Senate Referred to Committee on Agriculture and Natural
Resources SJ-62
02/28/91 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-8
04/28/92 Senate Amended SJ-54
04/28/92 Senate Read second time SJ-57
04/29/92 Senate Read third time and sent to House SJ-284
04/30/92 House Introduced and read first time HJ-6
04/30/92 House Referred to Committee on Labor, Commerce and
Industry HJ-7
05/21/92 House Recalled from Committee on Labor, Commerce and
Industry HJ-58
05/27/92 House Debate adjourned HJ-104
05/28/92 House Amended HJ-38
05/28/92 House Read second time HJ-41
05/28/92 House Unanimous consent for third reading on next
legislative day HJ-41
05/29/92 House Read third time and returned to Senate with
amendments HJ-43
06/02/92 Senate Concurred in House amendment and enrolled SJ-52
06/04/92 Ratified R 521
01/07/93 Signed By Governor
01/07/93 Act No. 1
(A1 of 1993, R521, S142)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS
TO REQUIRE A PET DEALER, PET SHOP, OR PET
BREEDER TO PROVIDE A STATEMENT FROM A
LICENSED VETERINARIAN THAT THE ANIMAL HAS
BEEN EXAMINED AND IS FREE OF DISEASE AND
DEFORMITY, TO PROVIDE REMEDIES, AND TO DEFINE
TERMS.
Be it enacted by the General Assembly of the State of South
Carolina:
Fitness of animals for sale
SECTION 1. The 1976 Code is amended by adding:
"Section 47-13-160. (A) No pet dealer, pet shop, or pet breeder shall sell a registered
companion dog or cat without providing to the purchaser a
statement certifying that the dog or cat has received an infectious
disease inoculation suitable for the specific animal's age and
species within the previous fourteen days for an animal under six
months of age or within the previous ninety days for an animal six
months of age or older. Proof of vaccination must be provided to
the purchaser at the time of sale. The purchaser also must be
provided with a copy of the `ELECTION OF OPTIONS' as
contained in subsection (D).
(B) If at any time within fourteen days following the sale and
delivery of a registered companion dog or cat to a purchaser, a
licensed veterinarian certifies the animal to be unfit for purchase
due to a noncongenital cause or condition or within six months
certifies an animal to be unfit for purchase due to a congenital or
hereditary cause or condition, a purchaser has the right to elect
one of the following options:
(1) the right to return the animal and receive a refund of the
purchase price, including sales tax, and reimbursement of the
veterinary fees incurred before the purchaser's receipt of the
veterinary certification. The seller's liability for veterinary fees
under this option must not exceed fifty percent of the purchase
price, including sales tax, of the animal;
(2) the right to retain the animal and to receive reimbursement
for veterinary fees incurred before the purchaser's receipt of the
veterinary certification and the future cost of veterinary fees to be
incurred in curing or attempting to cure the animal. The seller's
liability under this option must not exceed fifty percent of the
purchase price, including sales tax, of the animal;
(3) the right to return the animal and to receive in exchange
an animal of the purchaser's choice, of equivalent value, and
reimbursement of veterinary fees incurred before the purchaser's
receipt of the veterinary certification. The seller's liability for
veterinary fees under this option must not exceed fifty percent of
the purchase price, including sales tax, of the animal;
(4) the right to receive a full refund of the purchase price,
including sales tax, for the animal or, in exchange, an animal of
the purchaser's choice of equivalent value, and reimbursement of
veterinary fees incurred before the death of the animal if the death
occurs within fourteen days of the date the purchaser takes
possession, except where death occurs by accident or injury
sustained during that period. The seller's liability for veterinary
fees under this option must not exceed fifty percent of the
purchase price, including sales tax, of the animal.
(C) The seller shall accept the veterinary certification of
unfitness delivered by the purchaser within five days following
the purchaser's receipt of it. The certification must contain:
(1) the name of the owner;
(2) the date or dates of examination;
(3) the breed, color, sex, and age of the animal;
(4) a statement of the veterinarian's findings;
(5) a statement that the veterinarian certifies the animal to be
unfit for purchase;
(6) an itemized statement of veterinary fees incurred as of the
date of the certification;
(7) where the animal is curable, the estimated fee to cure the
animal;
(8) where the animal has died, a statement setting forth the
probable cause of death; and
(9) the name and address of the certifying veterinarian and the
date of the certification.
(D) When a purchaser presents a veterinary certification of
unfitness to the seller, the seller must confirm the purchaser's
election in writing. The election must be in the following form
and a copy must be given to the purchaser upon signing:
`UNFITNESS OF ANIMAL--ELECTION OF OPTIONS
I understand that, upon delivery of my veterinarian's
certification of unfitness, I have the right to elect one of the
following options. I am aware of those options and I understand
each of them. I have chosen the following option:
___ 1. Return of the animal and receipt of a refund of the
purchase price, including sales tax, for the animal and
reimbursement of the veterinary fees incurred before the date I
received the veterinarian's certification of unfitness. The
reimbursement for veterinarian's fees must not exceed fifty
percent of the purchase price, including sales tax, of the
animal.
___ 2. Retention of the animal and reimbursement for the
veterinary fees incurred before the date I received the
veterinarian's certification of unfitness and the future cost to be
incurred in curing or attempting to cure the animal. The total
reimbursement for veterinarian's fees must not exceed fifty
percent of the purchase price, including sales tax, of the
animal.
___ 3. Return of the animal and receipt of an animal of my
choice of equivalent value in exchange and reimbursement of
veterinary fees incurred before the date I received my
veterinarian's certification of unfitness. The reimbursement for
veterinarian's fees must not exceed fifty percent of the purchase
price, including sales tax, of the animal.
___ 4. DEATH OF ANIMAL ONLY. Receipt of a full refund
of the purchase price, including sales tax, for the animal or, in
exchange, an animal of my choice of equivalent value and
reimbursement of the veterinary fees incurred before the death of
the animal. The reimbursement for veterinarian's fees must not
exceed fifty percent of the purchase price, including sales tax, of
the animal.'
(E) Where the animal has died, the veterinarian shall hold the
carcass or forward it to the Clemson University Diagnostic
Laboratory.
(F) If the seller refuses to refund the purchase price and fees
pursuant to subsection (B), the purchaser may initiate a civil
action to recover damages. The court, upon a finding that the
seller violated the provisions of this section, shall award the
purchaser two times the amount of the purchase price and fees,
attorney's fees as determined by the court, and costs.
(G) 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 a companion 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.
(3) `Pet breeder' means a person engaged in the business of
breeding companion animals for profit. The term does not include
a person who, not in the ordinary course of business, owns an
animal which occasionally is bred or produces a litter from which
animals are sold."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 7th day of January, 1993. |