General Assembly Raised Bill No. 5409
February Session, 2012 LCO No. 1894
*01894_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
General Assembly
Raised Bill No. 5409
February Session, 2012
LCO No. 1894
*01894_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
AN ACT CONCERNING PET SHOPS AND CONSUMER REIMBURSEMENT FOR CERTAIN VETERINARY EXPENSES AND PROHIBITING PET SHOPS FROM SELLING DOGS AND CATS OBTAINED FROM SUBSTANDARD DOMESTIC ANIMAL MILLS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 22-344b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(b) If, (1) within twenty days of sale, any such dog or cat becomes ill or dies of any illness which existed in such dog or cat at the time of the sale, or (2) within six months of sale, any such dog or cat is diagnosed with a congenital defect that adversely affects or will adversely affect the health of such dog or cat, such licensee shall [,] reimburse such consumer not more than five hundred dollars for services and medications provided to such dog or cat by any veterinarian licensed pursuant to chapter 384 for the treatment of such illness or congenital defect upon the presentation by such consumer to such licensee of a certificate from such veterinarian that such dog or cat suffers or suffered from such illness or congenital defect. No licensee may require the consumer to return such dog or cat to such licensee to receive such reimbursement. In addition to any such reimbursement and at the option of [the] such consumer, such licensee shall replace the dog or cat or refund in full the purchase price of such dog or cat: (A) In the case of illness or such congenital defect, upon return of the dog or cat to the pet shop and the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat is ill from a condition which existed at the time of sale, or suffers from such congenital defect, and (B) in the case of death, the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat died from an illness or a congenital defect which existed at the time of sale. [Any costs for services and medications provided by a licensed veterinarian incurred by the consumer for such illness or such congenital defect shall be reimbursed to the consumer by such licensee in an amount not to exceed five hundred dollars.] The presentation of such certificate shall be sufficient proof to claim reimbursement or replacement and the return of such deceased dog or cat to the pet shop shall not be required. No such refund or replacement shall be made if such illness or death resulted from maltreatment or neglect by a person other than the licensee or such licensee's agent or employee. A licensee shall not be subject to the obligations imposed by this subsection for the sale of a cat where such cat has been spayed or neutered prior to its sale. The commissioner may prescribe the content, size, type size and posting location for a sign to be posted in the establishment of each licensee to inform customers of customer rights pursuant to this subsection.
Sec. 2. Subsection (f) of section 22-344 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(f) The commissioner may, at any time, inspect or cause to be inspected by the commissioner's agents any such commercial kennel, pet shop, grooming facility or training facility, and if, (1) in the commissioner's judgment such kennel, pet shop, grooming facility or training facility is not being maintained in a sanitary and humane manner or in a manner that protects the public safety, (2) the commissioner finds that contagious, infectious or communicable disease or other unsatisfactory conditions exist, or (3) in the case of a pet shop, the commissioner finds any violation of the provisions of section 22a-381d, the commissioner [may] shall fine such commercial kennel, pet shop, grooming facility or training facility not less than five hundred dollars for each animal that is the subject of such violation and shall issue such orders as the commissioner deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such kennel, pet shop, grooming facility or training facility fails to comply with the regulations or orders of the commissioner, or fails to comply with any provision of the statutes or regulations relating to dogs or other animals, the commissioner may revoke or suspend such license. Any person aggrieved by any order issued under the provisions of this section may appeal therefrom in accordance with the provisions of section 4-183. Any person maintaining any commercial kennel, pet shop, grooming facility or training facility without having obtained a license for the same or after any such license has been revoked or suspended as provided herein shall be fined not more than two hundred dollars. The provisions of this section shall not apply to veterinary hospitals, except those boarding or grooming dogs for nonmedical purposes, and other establishments where all the dogs or animals were born and raised on the premises where they are kept for sale.
Sec. 3. Subsection (b) of section 22-354 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(b) Any dog sold or offered for sale by a pet shop licensee in this state shall be accompanied by a certificate of origin identifying the name and address of the person, firm or corporation that bred such dog and of any person, firm or corporation that sold such dog to such pet shop licensee. Such certificate shall be in a form as prescribed by the Commissioner of Agriculture. Such information contained in the certificate of origin shall be posted on the sign described in section 22-344d and such information shall be visible to customers. A copy of such certificate shall be provided to the purchaser of such dog at the time of sale and shall be filed by such licensee with the Department of Agriculture not later than seven days after such sale. No pet shop licensee shall purchase a dog or cat for resale from a breeder or other person, firm or corporation located outside of this state that is not in possession of a current license issued by the United States Department of Agriculture and any applicable state agency. Any pet shop licensee violating the provisions of this subsection shall be fined not more than one hundred dollars [or imprisoned not more than thirty days, or both,] for each animal that is the subject of such violation. Each day a pet shop licensee is in violation of this subsection shall constitute a separate offense.
Sec. 4. (NEW) (Effective July 1, 2012) (a) For purposes of this section, "substandard domestic animal mill" means any facility: (1) Where dogs or cats are housed in a cage without being allowed daily exercise, (2) where dogs or cats are not maintained in a dry and reasonably clean condition, (3) that does not provide adequate protection for such dogs or cats from the elements, (4) that does not provide clean and potable water for such dogs and cats at all times, (5) that does not provide proper and nutritious food for such dogs or cats, (6) that houses dogs or cats in an enclosure with floors that are not constructed in a manner that protects the dogs' or cats' feet and legs from injury, (7) that houses dogs or cats in an enclosure that does not allow them to turn around freely or to sit, stand or lie down comfortably, or (8) that maintains dogs or cats in an enclosure that is not at least six inches higher than the head height of the tallest dog or cat in such enclosure.
(b) No pet shop licensed pursuant to section 22-344 of the general statutes, as amended by this act, shall sell a dog or cat to the public if such dog or cat was obtained by such pet shop from a substandard domestic animal mill.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 22-344b(b)
Sec. 2 October 1, 2012 22-344(f)
Sec. 3 October 1, 2012 22-354(b)
Sec. 4 July 1, 2012 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
22-344b(b)
Sec. 2
October 1, 2012
22-344(f)
Sec. 3
October 1, 2012
22-354(b)
Sec. 4
July 1, 2012
New section
Statement of Purpose:
To facilitate the reimbursement to consumers for veterinary bills incurred for the care of sick dogs or cats adopted from pet shops, to clarify certain pet shop penalty statutes and to prohibit pet shops from selling dogs and cats obtained from substandard domestic animal mills.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]