08
LC 25 5147
House
Bill 1194
By:
Representatives Gardner of the
57th,
Hembree of the
67th,
Maddox of the
172nd,
and Heard of the
104th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating
to animal protection, so as to provide that dogs and cats transported into this
state for sale or offered for sale in this state shall be protected against
certain diseases and parasites; to provide for examinations and certifications
by veterinarians; to provide for certain rights of purchasers of dogs and cats;
to provide for notices and representations to purchasers; to provide for
enforcement and penalties for violations; to amend Chapter 19 of Title 31 of the
Official Code of Georgia Annotated, relating to control of rabies, so as to
change certain provisions relating to inoculation of canines and felines against
rabies; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 4 of the Official Code of Georgia Annotated, relating to animal
protection, is amended by adding a new article to read as follows:
"ARTICLE
3
4-11-40.
As
used in this article, the term:
(1)
'Official certificate of veterinary inspection' means a legible certificate of
veterinary inspection signed by the examining veterinarian licensed by the state
of origin and accredited by the United States Department of Agriculture that
shows the age, sex, breed, color, and health record of the dog or cat, the
printed or typed names and addresses of the person or business from whom the
animal was obtained, the consignor or seller, the consignee or purchaser, the
examining veterinarian, and the veterinarian´s license number.
(2)
'Pet dealer' means any person, firm, partnership, corporation, or other
association which, in the ordinary course of business, engages in the sale of
more than two litters, or 20 dogs or cats, per year, whichever is greater, to
the public. This definition includes breeders of animals who sell such animals
directly to a consumer.
4-11-41.
(a)(1)
For each dog transported into this state for sale, the tests, vaccines, and
anthelmintics required by this Code section shall be administered by or under
the direction of a veterinarian, licensed by the state of origin and accredited
by the United States Department of Agriculture, who issues the official
certificate of veterinary inspection. The tests, vaccines, and anthelmintics
shall be administered no more than 30 days and no less than 14 days before the
dog´s entry into the state. The official certificate of veterinary
inspection certifying compliance with this Code section shall accompany each dog
transported into the state for sale.
(2)
For each dog offered for sale within this state, the tests, vaccines, and
anthelmintics required by this Code section shall be administered by or under
the direction of a veterinarian, licensed by the state and accredited by the
United States Department of Agriculture, who issues the official certificate of
veterinary inspection. The tests, vaccines, and anthelmintics shall be
administered before the dog is offered for sale in the state, unless the
licensed, accredited veterinarian certifies on the official certificate of
veterinary inspection that to inoculate or deworm the dog is not in the best
medical interest of the dog, in which case the vaccine or anthelmintic may not
be administered to that particular dog. Each dog shall receive vaccines and
anthelmintics against the following diseases and internal
parasites:
(A)
Canine distemper;
(B)
Leptospirosis;
(C)
Bordetella (by intranasal inoculation or by an alternative method of
administration if deemed necessary by the attending veterinarian and noted on
the health certificate, which shall be administered in this state once before
sale);
(D)
Parainfluenza;
(E)
Hepatitis;
(F)
Canine parvo;
(G)
Rabies, provided the dog is over three months of age and the inoculation is
administered by a licensed veterinarian;
(H)
Roundworms; and
(I)
Hookworms.
If
the dog is under four months of age, the tests, vaccines, and anthelmintics
required by this Code section shall be administered no more than 21 days before
sale within the state. If the dog is four months of age or older, the tests,
vaccines, and anthelmintics required by this Code section shall be administered
at or after three months of age, but no more than one year before sale within
the state.
(b)(1)
For each cat transported into this state for sale, the tests, vaccines, and
anthelmintics required by this Code section shall be administered by or under
the direction of a veterinarian, licensed by the state of origin and accredited
by the United States Department of Agriculture, who issues the official
certificate of veterinary inspection. The tests, vaccines, and anthelmintics
shall be administered no more than 30 days and no less than 14 days before the
cat´s entry into the state. The official certificate of veterinary
inspection certifying compliance with this Code section shall accompany each cat
transported into the state for sale.
(2)
For each cat offered for sale within this state, the tests, vaccines, and
anthelmintics required by this Code section shall be administered by or under
the direction of a veterinarian, licensed by the state and accredited by the
United States Department of Agriculture, who issues the official certificate of
veterinary inspection. The tests, vaccines, and anthelmintics shall be
administered before the cat is offered for sale in the state, unless the
licensed, accredited veterinarian certifies on the official certificate of
veterinary inspection that to inoculate or deworm the cat is not in the best
medical interest of the cat, in which case the vaccine or anthelmintic may not
be administered to that particular cat. Each cat shall receive vaccines and
anthelmintics against the following diseases and internal
parasites:
(A)
Panleukopenia;
(B)
Feline viral rhinotracheitis;
(C)
Calici virus;
(D)
Rabies, if the cat is over three months of age and the inoculation is
administered by a licensed veterinarian;
(E)
Hookworms; and
(F)
Roundworms.
If
the cat is under four months of age, the tests, vaccines, and anthelmintics
required by this Code section shall be administered no more than 21 days before
sale within the state. If the cat is four months of age or older, the tests,
vaccines, and anthelmintics required by this Code section shall be administered
at or after three months of age, but no more than one year before sale within
the state.
(c)(1)
Each dog or cat subject to subsection (a) or (b) of this Code section shall be
accompanied by a current official certificate of veterinary inspection at all
times while being offered for sale within the state. The examining veterinarian
shall retain one copy of the official certificate of veterinary inspection on
file for at least one year after the date of examination. At the time of sale
of the animal, one copy of the official certificate of veterinary inspection
shall be given to the buyer. The seller shall retain one copy of the official
certificate of veterinary inspection on record for at least one year after the
date of sale.
(2)
The official certificate of veterinary inspection shall list all vaccines and
deworming medications administered to the dog or cat, including the
manufacturer, vaccine, type, lot number, expiration date, and the dates of
administration thereof, and shall state that the examining veterinarian warrants
that, to the best of his or her knowledge, the animal has no sign of contagious
or infectious diseases and has no evidence of internal or external parasites,
including coccidiosis and ear mites, but excluding fleas and ticks. The
department shall supply the official intrastate certificate of veterinary
inspection required by this Code section at cost.
(3)
The examination of each dog and cat by a veterinarian shall take place no more
than 30 days before the sale within this state. The examination shall include,
but not be limited to, a fecal test to determine if the dog or cat is free of
internal parasites, including hookworms, roundworms, tapeworms, and whipworms.
If the examination warrants, the dog or cat shall be treated with a specific
anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or
cat shall be given a broad spectrum anthelmintic. Each dog over six months of
age shall also be tested for heartworms. Each cat shall also be tested for
feline leukemia before being offered for sale in the state. All of such tests
shall be performed by or under the supervision of a licensed veterinarian, and
the results of the tests shall be listed on the official certificate of
veterinary inspection.
(4)
All dogs and cats offered for sale in this state and copies of certificates held
by the seller and veterinarian shall be subject to inspection by any agent of
the department, any agent of the United States Department of Agriculture, any
law enforcement officer, or any county or municipal rabies control
officer.
(d)
No person shall transport into this state for sale or offer for sale within this
state any dog or cat that is less than eight weeks of age.
(e)
If, within 14 days following the sale by a pet dealer of an animal subject to
this Code section, a licensed veterinarian of the consumer´s choosing
certifies that, at the time of the sale, the animal was unfit for purchase due
to illness or disease, the presence of symptoms of a contagious or infectious
disease, or the presence of internal or external parasites, excluding fleas and
ticks; or if, within one year following the sale of an animal subject to this
Code section, a licensed veterinarian of the consumer´s choosing certifies
such animal to be unfit for purchase due to a congenital or hereditary disorder
which adversely affects the health of the animal; or if, within one year
following the sale of an animal subject to this Code section, the breed, sex, or
health of such animal is found to have been misrepresented to the consumer, the
pet dealer shall afford the consumer the right to choose one of the following
options:
(1)
The right to return the animal and receive a refund of the purchase price,
including but not limited to sales tax, and reimbursement for reasonable
veterinary costs directly related to the veterinarian´s examination and
certification that the dog or cat is unfit for purchase pursuant to this Code
section and directly related to necessary emergency services and treatment
undertaken to relieve suffering;
(2)
The right to return the animal and receive an exchange dog or cat of the
consumer´s choice of equivalent value, and reimbursement for reasonable
veterinary costs directly related to the veterinarian´s examination and
certification that the dog or cat is unfit for purchase pursuant to this Code
section and directly related to necessary emergency services and treatment
undertaken to relieve suffering; or
(3)
The right to retain the animal and receive reimbursement for reasonable
veterinary costs for necessary services and treatment related to the attempt to
cure or curing of the dog or cat.
Reimbursement
for veterinary costs shall not exceed the purchase price of the animal. The
cost of veterinary services is reasonable if comparable to the cost of similar
services rendered by other licensed veterinarians in proximity to the treating
veterinarian and the services rendered are appropriate for the certification by
the veterinarian.
(f)
A pet dealer shall disclose at the time of sale, verbally and in writing to the
consumer, the presence of any and all known specific congenital or hereditary
defects or disorders, in which case the consumer shall have no right to any
refund or exchange for those disorders. Such disclosure by a pet dealer shall
be made to the consumer verbally by reviewing related documentation and a
disclosure statement in addition to documentation or a description provided by a
licensed veterinarian specifying the defect or disorder and any known
consequences of the defect or disorder. Pet dealers shall obtain a signature
from the consumer acknowledging verbal disclosure and receipt of veterinary
documentation provided by a licensed veterinarian related to the specified
defect or disorder. Such signatures shall be on a separate piece of paper
titled 'Notice of Congenital or Hereditary Defect or Disorder' and shall state
the specific defect or disorder and the language 'Consumer has no right to any
refund or exchange for disorders or defects described below.'
(g)
The refund or exchange required by subsection (e) or (f) of this Code section
shall be made by the pet dealer not later than ten business days following
receipt of a signed veterinary certification as required in subsection (e) or
(f) of this Code section. The consumer shall notify the pet dealer within two
business days after the veterinarian´s determination that the animal is
unfit. The written certification of unfitness shall be presented to the pet
dealer not later than three business days following receipt thereof by the
consumer.
(h)
An animal shall not be determined unfit for sale on account of an injury
sustained or illness contracted after the consumer takes possession of the
animal. A veterinary finding of intestinal or external parasites shall not be
grounds for declaring a dog or cat unfit for sale unless the animal is
clinically ill because of that condition.
(i)
If a pet dealer wishes to contest a demand for veterinary expenses, refund, or
exchange made by a consumer under this Code section, the dealer may require the
consumer to produce the animal for examination by a licensed veterinarian
designated by the dealer. Upon such examination, if the consumer and the dealer
are unable to reach an agreement that constitutes one of the options set forth
in subsection (e) or (f) of this Code section within ten business days following
receipt of the animal for such examination, the consumer may initiate an action
in a court of competent jurisdiction to recover or obtain reimbursement of
veterinary expenses, refund, or exchange.
(j)
This Code section shall not in any way limit the rights or remedies that are
otherwise available to any consumer under any other law.
(k)
Any pet dealer who sells an animal to a consumer shall provide the consumer at
the time of sale with a written notice, printed or typed, which reads as
follows:
'It
is the consumer´s right to receive a certificate of veterinary inspection
with each dog or cat purchased from a pet dealer. Such certificate shall list
all vaccines and deworming medications administered to the animal and shall
state that the animal has been examined by a Georgia-licensed veterinarian who
certifies that, to the best of the veterinarian´s knowledge, the animal was
found to have been healthy at the time of the veterinary examination. In the
event that the consumer purchases the animal and finds it to have been unfit for
purchase, the consumer shall notify the pet dealer within two business days of
the veterinarian´s determination that the animal was unfit. The consumer
has the right to retain, return, or exchange the animal and receive
reimbursement for certain related veterinary services rendered to the animal,
subject to the right of the dealer to have the animal examined by another
veterinarian.'
(l)
The Commissioner of Agriculture may bring an action to enjoin any violator of
this Code section from being a pet dealer.
(m)
County-operated or city-operated animal control agencies and registered
nonprofit humane organizations shall be exempt from this Code
section.
(n)
A pet dealer shall not knowingly misrepresent the breed, sex, or health of any
dog or cat offered for sale within this state.
(o)
Every pet dealer shall, at the time of sale, deliver to the purchaser of each
animal a written statement containing the following information:
(1)
The date of the animal´s birth, if known;
(2)
The breeder´s name and address, if known. If not known, the pet dealer
shall provide the name and address of the person who sold or gave the animal to
the pet dealer; and
(3)
The date the pet dealer received the animal, if not bred by the pet
dealer.
(p)
Any violation of this Code section shall be a misdemeanor."
SECTION
2.
Chapter
19 of Title 31 of the Official Code of Georgia Annotated, relating to control of
rabies, is amended by revising Code Section 31-19-5, relating to inoculation of
canines and felines against rabies, as follows:
"31-19-5.
The
county boards of health are empowered and required to adopt and promulgate rules
and regulations requiring canines and felines to be inoculated against rabies
and to prescribe the intervals and means of inoculation, the fees to be paid in
county sponsored clinics, that procedures be in compliance with the
recommendations of the National Association of State Public Health Veterinarians
for identifying inoculated canines and felines, and all other procedures
applicable
thereto;
provided, however, that such animals transported into this state for sale or
offered for sale in this state shall be subject to the requirements of Article 3
of Chapter 11 of Title 4. As used in this
chapter, the term 'inoculation against rabies' means the administering by a
licensed veterinarian of antirabies vaccine approved by the
department."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.