Post by maryellen on May 19, 2008 8:32:11 GMT -5
NJ Puppy Lemon Law
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www.njcapsa.org/index.php?opt...d=12&Itemid=38
www.njcapsa.org/index.php?opt...id=4&Itemid=37
Did you buy a sick puppy or kitten recently from a NJ pet shop or breeder?
Have you spent hundreds - or even thousands - of dollars to treat your sick pet?
Does your new pet have an ongoing medical condition requiring medication or surgery?
Does your new pet have behavioral problems?
Do the "registration papers" and/or breeder information seem questionable?
Consumers have legal rights under the New Jersey Pet Purchase Protection Act and you may be entitled to reimbursement!
In 1999, the New Jersey Legislature signed into law the Pet Purchase Protection Act (PPPA), also known as the Puppy Lemon Law. New Jersey is one of seventeen states that has such a law.
Following are the most commonly asked questions and answers regarding the sale of puppies in New Jersey. If you cannot find the answer to your questions, please email us at info@njcapsa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .
What animals are covered under the law?
Only dogs and cats are covered. Since the majority of animals purchased at pet shops are puppies, hereafter we will use the term ‘puppy’ when referring to a pet purchased at a pet shop or from a breeder.
Who is covered under the law?
The law protects consumers who purchase puppies from New Jersey pet stores or pet “dealers.” A “pet dealer” means any person engaged in the ordinary course of business in the sale of dogs or cats to the public for profit or any person who sells or offers for sale more than five dogs or cats in one year. Breeders fall under this category. (Definition under Chapter 336, the Pet Purchase Protection Act. C.56:8-93.) New Jersey buyers who purchase puppies or kittens from out-of-state dealers (including Internet sellers) are NOT covered under the NJ Pet Purchase Protection Act. Buyers encountering a problem can only hope the state in which the seller does business has a puppy lemon law. Otherwise, buyers can file complaints with respective Attorney General Offices.
How does it work?
If at any time within 14 days AFTER the sale of an animal, your puppy becomes ill and is certified as “unfit for purchase (or sale)” by a licensed veterinarian, you have several options for recourse. You must have a certificate of unfitness in order to process your claim.
You have the right to one of the following options:
(1) Return your puppy and receive a refund of the purchase price, including sales tax, plus reimbursement of veterinary fees (including the cost of the veterinarian certification), up to and including two times the purchase price, including sales tax, of your sick puppy.
(2) Keep your puppy and receive reimbursement for veterinary fees incurred prior to the receipt of the certificate of unfitness, plus the future costs of veterinary fees to be incurred in curing or attempting to cure your puppy, including the cost of the veterinarian certification. Reimbursement for veterinarian's fees shall be up to and including two times the purchase price, including sales tax, of your sick puppy.
(3) Return your puppy and receive in exchange, a puppy of your choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinary certification, incurred prior to your receipt of the veterinarian certification of unfitness. Reimbursement for veterinary fees shall be up to and including two times the purchase price, including sales tax, of your sick puppy.
In the event of the death of your puppy from causes other than an accident, you have the right to:
(1) a full refund of the purchase price of the puppy, including sales tax, or
(2) another puppy of your choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinary certification, incurred prior to the death of your puppy.
The reimbursement for veterinary fees shall be up to and including two times the purchase price, including sales tax, of your dead puppy.
What paperwork is supposed to come with my new puppy?
If you purchase your puppy from a pet shop or pet dealer, you must be given a record of your puppy’s history and health records, which must be signed by the seller and must contain the following:
• The puppy’s breed, sex, age, color and date of birth.
• The name and address of the person from whom the pet dealer purchased the puppy.
• The breeder’s name and address, and the litter number of the puppy.
• The name and registration number of the puppy’s sire and dam.
• The date the dealer took possession of the puppy.
• The date the puppy was shipped to the pet dealer (where such date is known by the dealer).
• The date or dates on which the puppy was examined by a veterinarian licensed to practice in the State of New Jersey; name and address of veterinarian; findings and treatment, if any, taken or given to the puppy.
• A statement of all vaccinations and inoculations administered to the puppy, including the identity and quantity of the vaccine, and the name of the veterinarian or person administering the same.
• A 10-point bold-face type warning advising you that the puppy you have purchased has or has not been previously vaccinated.
• A notice spelling out your options (above) for recourse in the event your puppy becomes sick or dies which you and the seller/dealer must sign.
What happens if my puppy gets sick after I purchase him?
The most important thing to do is have your puppy examined by your veterinarian within the 14 day period after purchase. Many times puppies exhibit signs of illness within the first 24-48 hours, while others may not show signs of an infection for almost two weeks.
What does “unfit for purchase” mean?
According to the PPPA, it means any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the puppy, or which was manifest (visible or evident at time of sale) or likely contracted on or before the sale and delivery of the puppy to the consumer. All puppies must be examined by a New Jersey licensed veterinarian within FIVE days prior to the sale date of the puppy and the puppy must be declared “fit for sale” by that veterinarian, who is also known as the “vet of record.”
You have 14 days after the date of sale to take your puppy to your veterinarian (NOT one the store recommends) for a health check. Your puppy can be certified as unfit for sale for illnesses such as kennel cough, coccidian (intestinal parasites), mange, pneumonia, upper respiratory infections and more.
What about congenital defects?
You also have 180 days (about 6 months) for your puppy to be certified as unfit for sale due to a congenital or hereditary condition. You are entitled to the same recourse as above. Some of these conditions include hip dysplasia, retained testicles, luxating patellas (deformed or missing kneecaps), premature cataracts, cherry eye, mange, and more.
I was given an "unfit for sale" by my veterinarian. What do I do next?
Make copies of your bills, receipts and the certificate of unfitness. Submit copies of your bills and receipts to the pet store owner. Also, call the local health department that has jurisdiction over the pet shop and report your vet’s findings. The health department keeps records of the number of sick and dying animals sold at pet shops and can revoke the pet store’s license based on the percentage of sick animals sold each year. (More detailed information is spelled out in the Act; see the LINKS below.)
My vet bills could be quite large. How much money am I entitled to?
You are entitled to be reimbursed for veterinary fees up to and including TWO TIMES the purchase price, including sales tax, of your sick or dead puppy. For instance, if your puppy cost $800, you are entitled to $1600 for your vet bills. Note: breeders are liable for veterinary fees up to, not twice, the purchase price.
The pet store said my time to collect had expired even though I gave them my paperwork. Now what do I do?
We often hear this complaint. Some pet shops use stalling tactics or bully customers into accepting less than the amount they are entitled to by law.
If you have a certificate of unfitness and presented it (along with copies of your receipts) to the store within five days after receiving it from your vet, the store MUST, by law, comply within 10 days. If the owner or operator of a pet store does not comply within ten days, he “shall be guilty of a deceptive practice” under the Consumer Fraud Act.
If this happens, you will need to contact the Department of Consumer Affairs in the county that has jurisdiction over the pet shop, and file a written complaint. For additional assistance, please fill out our complaint form or contact us.
ACTUAL TEXT OF THE NOTIFICATION OF CONSUMER RIGHTS
The sale of dogs and cats is subject to the regulations of the New Jersey Division of Consumer Affairs. In the event that your animal becomes sick or dies and a licensed veterinarian certifies your animal to be unfit for purchase due to a noncongenital condition within 14 days following delivery of your animal or within 180 days (six months) following delivery of your animal in the case of a congenital or hereditary cause or condition, you may:
1. Return your animal and receive a refund of the purchase price including sales tax; OR
2. Keep your animal and attempt to cure it; OR
3. Return your animal and receive an animal (of equivalent value) of your choice.
In the event that you choose to keep the animal, veterinary fees, including future fees, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer or the owner or operator of a pet shop.
In the event of your animal’s death within this 14-day period, except when death occurs by accident or as a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchase price, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to twice the purchase price, including sales tax, must be paid by the pet dealer or the owner or operator of a pet shop.
In order to exercise these rights, you must present to the pet dealer a written veterinary certification that the animal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of the certification. If you have received this Notification of Consumer Rights from the pet dealer, you must present the written veterinary certification and the veterinarian’s bill to the pet dealer no later than five days after you have received the certification of unfitness.
If you have not been given the Notification of Consumer Rights by the pet dealer, the five-day deadline does not apply. In the event that the pet dealer or the owner or operator of a pet shop wishes to contest the certification or the bill, he may request a hearing at the Division of Consumer Affairs by notifying the Director and the consumer in writing within five days. The pet dealer may require your dog or cat to be examined by a licensed veterinarian of the dealer’s choice at a mutually convenient time and place. If the pet dealer or owner or operator of the pet shop does not contest the matter, he must make the refund, replacement of animal or reimbursement not later than 10 days after receiving the veterinary certification.
If the pet dealer or the owner or operator of a pet shop has promised to register your animal with an animal pedigree registration organization or to provide the necessary papers and fails to do so within 120 days following the date of sale, you are entitled to return the animal and receive a full refund of the purchase price, plus sales tax, or to keep the animal and receive a refund of 75 percent of the purchase price plus sales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer is no longer obligated to register the animal or to provide the necessary papers to do so.
LINKS
Regulations regarding the Sale of Dogs and Cats in New Jersey
(PDF File - Print pages 21-26 only)
NJ Consumer Fraud Act regarding the Sale of Dogs and Cats
(PDF File - Print pages 38-45 only)
NJ Pet Purchase Protection Act (Puppy Lemon Law), Actual Text
Pet Purchasing Protection Notification Forms
NJ Department of Heath – Office of Animal Welfare
Copyright 2007 NJCAPSA | design, hosting, and maintenance by WebUsAt.com
__________________
--------------------------------------------------------------------------------
www.njcapsa.org/index.php?opt...d=12&Itemid=38
www.njcapsa.org/index.php?opt...id=4&Itemid=37
Did you buy a sick puppy or kitten recently from a NJ pet shop or breeder?
Have you spent hundreds - or even thousands - of dollars to treat your sick pet?
Does your new pet have an ongoing medical condition requiring medication or surgery?
Does your new pet have behavioral problems?
Do the "registration papers" and/or breeder information seem questionable?
Consumers have legal rights under the New Jersey Pet Purchase Protection Act and you may be entitled to reimbursement!
In 1999, the New Jersey Legislature signed into law the Pet Purchase Protection Act (PPPA), also known as the Puppy Lemon Law. New Jersey is one of seventeen states that has such a law.
Following are the most commonly asked questions and answers regarding the sale of puppies in New Jersey. If you cannot find the answer to your questions, please email us at info@njcapsa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .
What animals are covered under the law?
Only dogs and cats are covered. Since the majority of animals purchased at pet shops are puppies, hereafter we will use the term ‘puppy’ when referring to a pet purchased at a pet shop or from a breeder.
Who is covered under the law?
The law protects consumers who purchase puppies from New Jersey pet stores or pet “dealers.” A “pet dealer” means any person engaged in the ordinary course of business in the sale of dogs or cats to the public for profit or any person who sells or offers for sale more than five dogs or cats in one year. Breeders fall under this category. (Definition under Chapter 336, the Pet Purchase Protection Act. C.56:8-93.) New Jersey buyers who purchase puppies or kittens from out-of-state dealers (including Internet sellers) are NOT covered under the NJ Pet Purchase Protection Act. Buyers encountering a problem can only hope the state in which the seller does business has a puppy lemon law. Otherwise, buyers can file complaints with respective Attorney General Offices.
How does it work?
If at any time within 14 days AFTER the sale of an animal, your puppy becomes ill and is certified as “unfit for purchase (or sale)” by a licensed veterinarian, you have several options for recourse. You must have a certificate of unfitness in order to process your claim.
You have the right to one of the following options:
(1) Return your puppy and receive a refund of the purchase price, including sales tax, plus reimbursement of veterinary fees (including the cost of the veterinarian certification), up to and including two times the purchase price, including sales tax, of your sick puppy.
(2) Keep your puppy and receive reimbursement for veterinary fees incurred prior to the receipt of the certificate of unfitness, plus the future costs of veterinary fees to be incurred in curing or attempting to cure your puppy, including the cost of the veterinarian certification. Reimbursement for veterinarian's fees shall be up to and including two times the purchase price, including sales tax, of your sick puppy.
(3) Return your puppy and receive in exchange, a puppy of your choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinary certification, incurred prior to your receipt of the veterinarian certification of unfitness. Reimbursement for veterinary fees shall be up to and including two times the purchase price, including sales tax, of your sick puppy.
In the event of the death of your puppy from causes other than an accident, you have the right to:
(1) a full refund of the purchase price of the puppy, including sales tax, or
(2) another puppy of your choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinary certification, incurred prior to the death of your puppy.
The reimbursement for veterinary fees shall be up to and including two times the purchase price, including sales tax, of your dead puppy.
What paperwork is supposed to come with my new puppy?
If you purchase your puppy from a pet shop or pet dealer, you must be given a record of your puppy’s history and health records, which must be signed by the seller and must contain the following:
• The puppy’s breed, sex, age, color and date of birth.
• The name and address of the person from whom the pet dealer purchased the puppy.
• The breeder’s name and address, and the litter number of the puppy.
• The name and registration number of the puppy’s sire and dam.
• The date the dealer took possession of the puppy.
• The date the puppy was shipped to the pet dealer (where such date is known by the dealer).
• The date or dates on which the puppy was examined by a veterinarian licensed to practice in the State of New Jersey; name and address of veterinarian; findings and treatment, if any, taken or given to the puppy.
• A statement of all vaccinations and inoculations administered to the puppy, including the identity and quantity of the vaccine, and the name of the veterinarian or person administering the same.
• A 10-point bold-face type warning advising you that the puppy you have purchased has or has not been previously vaccinated.
• A notice spelling out your options (above) for recourse in the event your puppy becomes sick or dies which you and the seller/dealer must sign.
What happens if my puppy gets sick after I purchase him?
The most important thing to do is have your puppy examined by your veterinarian within the 14 day period after purchase. Many times puppies exhibit signs of illness within the first 24-48 hours, while others may not show signs of an infection for almost two weeks.
What does “unfit for purchase” mean?
According to the PPPA, it means any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the puppy, or which was manifest (visible or evident at time of sale) or likely contracted on or before the sale and delivery of the puppy to the consumer. All puppies must be examined by a New Jersey licensed veterinarian within FIVE days prior to the sale date of the puppy and the puppy must be declared “fit for sale” by that veterinarian, who is also known as the “vet of record.”
You have 14 days after the date of sale to take your puppy to your veterinarian (NOT one the store recommends) for a health check. Your puppy can be certified as unfit for sale for illnesses such as kennel cough, coccidian (intestinal parasites), mange, pneumonia, upper respiratory infections and more.
What about congenital defects?
You also have 180 days (about 6 months) for your puppy to be certified as unfit for sale due to a congenital or hereditary condition. You are entitled to the same recourse as above. Some of these conditions include hip dysplasia, retained testicles, luxating patellas (deformed or missing kneecaps), premature cataracts, cherry eye, mange, and more.
I was given an "unfit for sale" by my veterinarian. What do I do next?
Make copies of your bills, receipts and the certificate of unfitness. Submit copies of your bills and receipts to the pet store owner. Also, call the local health department that has jurisdiction over the pet shop and report your vet’s findings. The health department keeps records of the number of sick and dying animals sold at pet shops and can revoke the pet store’s license based on the percentage of sick animals sold each year. (More detailed information is spelled out in the Act; see the LINKS below.)
My vet bills could be quite large. How much money am I entitled to?
You are entitled to be reimbursed for veterinary fees up to and including TWO TIMES the purchase price, including sales tax, of your sick or dead puppy. For instance, if your puppy cost $800, you are entitled to $1600 for your vet bills. Note: breeders are liable for veterinary fees up to, not twice, the purchase price.
The pet store said my time to collect had expired even though I gave them my paperwork. Now what do I do?
We often hear this complaint. Some pet shops use stalling tactics or bully customers into accepting less than the amount they are entitled to by law.
If you have a certificate of unfitness and presented it (along with copies of your receipts) to the store within five days after receiving it from your vet, the store MUST, by law, comply within 10 days. If the owner or operator of a pet store does not comply within ten days, he “shall be guilty of a deceptive practice” under the Consumer Fraud Act.
If this happens, you will need to contact the Department of Consumer Affairs in the county that has jurisdiction over the pet shop, and file a written complaint. For additional assistance, please fill out our complaint form or contact us.
ACTUAL TEXT OF THE NOTIFICATION OF CONSUMER RIGHTS
The sale of dogs and cats is subject to the regulations of the New Jersey Division of Consumer Affairs. In the event that your animal becomes sick or dies and a licensed veterinarian certifies your animal to be unfit for purchase due to a noncongenital condition within 14 days following delivery of your animal or within 180 days (six months) following delivery of your animal in the case of a congenital or hereditary cause or condition, you may:
1. Return your animal and receive a refund of the purchase price including sales tax; OR
2. Keep your animal and attempt to cure it; OR
3. Return your animal and receive an animal (of equivalent value) of your choice.
In the event that you choose to keep the animal, veterinary fees, including future fees, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer or the owner or operator of a pet shop.
In the event of your animal’s death within this 14-day period, except when death occurs by accident or as a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchase price, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to twice the purchase price, including sales tax, must be paid by the pet dealer or the owner or operator of a pet shop.
In order to exercise these rights, you must present to the pet dealer a written veterinary certification that the animal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of the certification. If you have received this Notification of Consumer Rights from the pet dealer, you must present the written veterinary certification and the veterinarian’s bill to the pet dealer no later than five days after you have received the certification of unfitness.
If you have not been given the Notification of Consumer Rights by the pet dealer, the five-day deadline does not apply. In the event that the pet dealer or the owner or operator of a pet shop wishes to contest the certification or the bill, he may request a hearing at the Division of Consumer Affairs by notifying the Director and the consumer in writing within five days. The pet dealer may require your dog or cat to be examined by a licensed veterinarian of the dealer’s choice at a mutually convenient time and place. If the pet dealer or owner or operator of the pet shop does not contest the matter, he must make the refund, replacement of animal or reimbursement not later than 10 days after receiving the veterinary certification.
If the pet dealer or the owner or operator of a pet shop has promised to register your animal with an animal pedigree registration organization or to provide the necessary papers and fails to do so within 120 days following the date of sale, you are entitled to return the animal and receive a full refund of the purchase price, plus sales tax, or to keep the animal and receive a refund of 75 percent of the purchase price plus sales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer is no longer obligated to register the animal or to provide the necessary papers to do so.
LINKS
Regulations regarding the Sale of Dogs and Cats in New Jersey
(PDF File - Print pages 21-26 only)
NJ Consumer Fraud Act regarding the Sale of Dogs and Cats
(PDF File - Print pages 38-45 only)
NJ Pet Purchase Protection Act (Puppy Lemon Law), Actual Text
Pet Purchasing Protection Notification Forms
NJ Department of Heath – Office of Animal Welfare
Copyright 2007 NJCAPSA | design, hosting, and maintenance by WebUsAt.com
__________________