Title 37--LAW OFFICE OF ATTORNEY GENERAL [37 PA. CODE CH. 309] Dog Purchaser Protection [30 Pa.B. 763] The Office of Attorney General (OAG) has adopted Chapter 309 (relating to dog purchaser protection), to read as set forth in Annex A.
Effective Date
These final-form regulations will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
Contact Person
The contact person concerning this rulemaking is Frank T. Donaghue, Chief Deputy Attorney General, Bureau of Consumer Protection, 14th Floor, Strawberry Square, Harrisburg, PA 17120, (717) 787-9707.
Statutory Authority
This rulemaking is made under the authority of section 9.3(g)(1) of the Unfair Trade Practices and Consumer Protection Law (act) (73 P. S. § 201-9.3(g)(1)).
Purpose of the Rulemaking
This rulemaking implements section 9.3(g)(1) of the act which requires the Attorney General to promulgate regulations specifying the information to be contained in the notice to prospective dog purchasers which must be conspicuously posted at the seller's place of business.
Summary of Public Comments and Changes
Written comments, suggestions and objections regarding the proposed regulations were requested within a 30 day period following publication of proposed rulemaking.
Comments were received from Senator Stewart Greenleaf (Chairperson of Senate Judiciary Committee and prime sponsor of the act), Pet Industry Joint Advisory Council, Pennsylvania Legislative Animal Network, Pennsylvania Federation of Dog Clubs, Inc., Bucks County SPCA, Park City Pet Center, Inc., Mr. and Mrs. Charles Smith and the Independent Regulatory Review Commission (IRRC). Following is a summary of the major comments received and the OAG's response to those comments.
Comment: IRRC and several commentators suggested that the word ''breeding'' be deleted from the definition of ''kennel.''
Response: This change was made.
Comment: IRRC suggested the inclusion of the statutory definition of ''veterinarian.''
Response: This change was made.
Comment: IRRC suggested that § 309.2 (relating to notice to be posted) be split into two subsections.
Response: This change was made.
Comment: IRRC suggested that the paragraphs of the notice be numbered instead of bulleted.
Response: This change was made.
Comment: IRRC and another commentator suggested the inclusion of language to clarify that the notice is a summary of the act and not a complete rendition.
Response: This change was made.
Comment: IRRC and two other commentators were concerned that the language in paragraphs one and two of the notice were not consistent with the act.
Response: IRRC suggested changes that addressed these concerns and these changes were made.
Comment: IRRC and another commentator believed that paragraph (3) of the notice did not clearly state the purchasers rights relative to a veterinarians examination within 10 days of purchase and the fact that a dog will not be unfit for purchase on account of injury sustained or illness most likely contracted subsequent to the date of sale.
Response: IRRC suggested changes that addressed these concerns and these changes were made.
Comment: IRRC and another commentator suggested that paragraph (4) did not clearly state that the purchaser is entitled to a refund or other listed remedies for a defect only if it adversely affects the animal's health.
Response: IRRC suggested changes that addressed these concerns and these changes were made.
Comment: IRRC suggested that paragraph (5) should emphasize the 2-business-day rule and include illness, defect or death.
Response: This change was made.
Comment: IRRC commented that section 9.3(c) of the act, which deals with the 2-business-days notice requirement, does not provide guidance for the delivery of the notice. IRRC further stated that the OAG should insert language in this regulation to provide the guidance.
Response: The OAG has inserted language in paragraph (5) pursuant to IRRC's comments. The language inserted is based upon language in section 7(a) of the act (73 P. S. § 201-7).
Comment: IRRC and several commentators pointed out a misplaced disclosure clause in paragraph (5). It was suggested this disclosure clause be included in paragraphs (3) and (4).
Response: This change was made.
Comment: IRRC commented that section 9.3(b)(1) of the act states that the purchaser may receive ''a complete refund of the purchase price, not including the Sales Tax.'' According to IRRC the typical practice for refunds is to include the Sales Tax because the sale becomes null and void. IRRC suggested that the OAG, the Department of Revenue and the General Assembly should examine section 9.3(b)(1) of the act for consistency with other statutes and regulations relating to Sales Tax refunds.
Response: The OAG has contacted the General Assembly to initiate an examination of section 9.3(b)(1) as suggested by IRRC.
Comment: IRRC suggested that the OAG initiate a separate rulemaking to create OAG-approved forms for the certifications and other documents referred to in the act.
Response: The OAG is considering promulgating additional regulations pursuant to IRRC's suggestion, under section 3.1 of the act.
Comment: IRRC and several commentators suggested that the OAG determine a minimum size for the required notice.
Response: This change was made.
Comment: IRRC and two commentators suggested that the OAG stipulate that the notice must be readily visible in areas where dogs are displayed for sale or where payments are made for dog purchases.
Response: This change was made.
Comment: IRRC suggested that language be added stating that the notice must be legible and that the notice be posted with minimum standards for typeset size.
Response: This change was made.
Benefits, Costs and Compliance
Benefits--The citizens of this Commonwealth will benefit from these regulations because it protects purchasers of dogs from unfair trade practices of dog sellers.
Compliance Costs--Affected sellers who advertise or represent that a dog is registered or registerable are required to post a public notice as set forth in Annex A, at their place of business. Costs of posting the notice are negligible and are to be borne by the seller.
Paperwork Requirements
The regulatory provisions should have no direct paperwork impact on the Commonwealth, local governments and political subdivisions. The private sector will have minimal paperwork in the form of posting of a public notice.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 8, 1999, the OAG submitted a copy of the notice of proposed rulemaking to IRRC and to the Chairpersons of the House and Senate Judiciary Committees for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the OAG also provided IRRC and the Committees with copies of all comments received. In preparing these final-form regulations, the OAG has considered all comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(a)), these final-form regulations were deemed approved by the House and Senate Committees on December 27, 1999. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 6, 2000, and approved the final-form regulations.
Sunset Date
The information required to be contained in the form of notice as set forth in Annex A is fixed by statute. Therefore, no sunset date is proposed for these regulations.
Findings
The OAG finds that:
(1) Public notice of intention to adopt this rulemaking as amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of this rulemaking in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Office of Attorney General, acting under the authorizing statutes, orders that:
(a) The regulations of the OAG, 37 Pa. Code Chapter 309, are amended by adding §§ 309.1 and 309.2 to read as set forth in Annex A.
(b) The OAG has reviewed the regulations for approval as to form and legality as required by law.
(c) The OAG shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) The regulations adopted by this order shall take effect upon final publication in the Pennsylvania Bulletin.
GERALD J. PAPPERT,
First Deputy Attorney General(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 30 Pa.B. 465 (January 22, 2000).)
Fiscal Note: Fiscal Note 59-6 remains valid for the final adoption of the subject regulations.
Annex A TITLE 37. LAW PART V. BUREAU OF CONSUMER PROTECTION CHAPTER 309. DOG PURCHASER PROTECTION Sec.
309.1. Definitions. 309.2. Notice to be posted. § 309.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings:
Kennel--A kennel as defined in section 102 of the Dog Law (3 P. S. § 459-101) or a dealer licensed by the United States Department of Agriculture under section 4 of the Animal Welfare Act (7 U.S.C.A. § 2134).
Pet shop--A pet shop-kennel as defined in section 102 of the Dog Law.
Seller--A kennel, pet shop operator or other individual who sells dogs to the public and who owns or operates a kennel or pet shop licensed by the Department of Agriculture or the United States Department of Agriculture. The term does not include nonprofit kennels as defined under section 102 of the Dog Law.
Veterinarian--An individual licensed under the laws of the Commonwealth or another state to practice veterinary medicine and surgery.
§ 309.2. Notice to be posted.
(a) A seller to whom this chapter applies shall keep posted at all times the following notice, in the following form:
Public Notice This notice shall be conspicuously posted in the place of business of persons subject to this section as enforced by the Pennsylvania Office of Attorney General. This disclosure of rights is a summary of Pennsylvania law. A written notice setting forth the rights provided under Section 9.3 of the Unfair Trade Practices and Consumer Protection Law shall be provided to you at the time of the sale. A civil penalty of up to $1,000 shall be levied for each violation in addition to any other penalty under this law.
(1) A seller shall provide you with a health record for the dog at the time of sale. The health record must contain information as required by the law (73 P. S. § 201-9.3(a)(1)).
(2) The seller shall provide a health certificate issued by a veterinarian within 21 days prior to the date of sale or a guarantee of good health issued and signed by the seller. The health certificate and the guarantee of good health must contain information as required by the law. 73 P. S. § 201-9.3(a)(2)(i); 73 P. S. § 201-9.3(a)(2)(ii).
(3) To preserve your rights under the law, you must take your newly purchased dog to a licensed veterinarian for examination within 10 days of purchase. If a veterinarian determines, within 10 days of purchase, that your dog is clinically ill or has died from an injury sustained or illness likely to have been contracted on or before the date of sale and delivery, you have the following options:
(i) Return the dog for a complete refund;
(ii) Return the dog for a replacement dog of equal value; or
(iii) Retain the dog and receive reimbursement for reasonable veterinary fees, not exceeding the purchase price. These options do not apply where a seller, who has provided a health certificate issued by a veterinarian, discloses in writing at the time of sale the health problem for which the buyer later seeks to return the dog.
(4) If, within 30 days of purchase, a licensed veterinarian determines that your dog has a congenital or hereditary defect which adversely affects the animal's health or that your dog died from a congenital or hereditary defect, you have the same options as outlined in section 3 (above).
(5) Within 2 business days of a veterinarian's certification of your dog's illness, defect or death, you must notify, in writing, the seller of the name, address and telephone number of the examining veterinarian. Such notice shall be effective upon depositing the same in the United States mail or upon other service which provides the seller the required information. Failure to notify the seller within 2 business days will result in forfeiture of rights.
(6) Refunds or reimbursements shall be made no later than 14 days after the seller receives the veterinarian certification. Veterinarian certification shall be presented to the seller not later than 5 days after you receive it.
(7) Registerable Dogs--If the seller does not provide within 120 days all documentation to effect registration, you may exercise one of the following options:
(i) Return the dog and receive a full refund of the purchase price; or
(ii) Retain the dog and receive a 50% refund of the purchase price.
(8) If registerable, the seller shall provide at the time of sale: the breeder's name and address, the name and registration number of the dam and sire, and the name and address of the pedigree registry organization where the dam and sire are registered.
For further information concerning your rights under section 9.3 of the Unfair Trade Practices and Consumer Protection Law, contact: Pennsylvania Office of Attorney General, Consumer Protection Hotline (800) 441-2555, www.attorneygeneral.gov.
(b) The notice in subsection (a) must be:
(1) Visible where dogs for purchase are displayed or where payments are made for dog purchases at the seller's place of business.
(2) A minimum size of 8.5 inches by 14 inches.
(3) In plain language and legible.
(4) A minimum 12 point typeset for the body of the notice and a minimum 48 point typeset for the title ''Public Notice.''
[Pa.B. Doc. No. 00-237. Filed for public inspection February 11, 2000, 9:00 a.m.]
