Virginia Code 3.2-6509: Misrepresentation of animal’s condition; penalties
No person shall misrepresent the physical condition of any animal at the animal’s sale, trade, delivery, or other method of transfer. For the purpose of this section, misrepresentation shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not made known to the person receiving the animal. The sale of an agricultural animal that has external or internal parasites that are not made known to the person receiving the animal shall not be a violation of this section unless the animal is clinically ill or debilitated due to such parasites at the time of sale, trade, delivery or transfer of the animal. Violation of this section is a Class 3 misdemeanor.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 misdemeanor | up to $500 |
Terms Used In Virginia Code 3.2-6509
- Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
- Consumer: means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. See Virginia Code 3.2-6500
- Dealer: means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. See Virginia Code 3.2-6500
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
Any violation of this section by a pet dealer shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
1984, c. 492, § 29-213.42; 1987, c. 488, § 3.1-796.72; 1998, c. 817; 2008, c. 860; 2019, c. 566.