Virginia Code 3.2-6516: Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness sub
A. It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a pet dealer to state, promise, or represent that a dog or cat is registered or capable of being registered with any animal pedigree registry organization if the pet dealer shall then fail to either effect such registration or provide the consumer with the documents necessary therefor within 120 days following the date of sale of such animal. In the event that a pet dealer fails to effect registration or to provide the necessary documents therefor within 120 days following the date of sale, the consumer shall be entitled to choose one of the following options:
Terms Used In Virginia Code 3.2-6516
- 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
- Owner: means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. See Virginia Code 3.2-6500
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
1. To return the animal and to receive a refund of the purchase price plus sales tax; or
2. To retain the animal and to receive a refund of an amount not to exceed 50 percent of the purchase price and sales tax.
B. The veterinary certification and statement required herein shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer and shall contain the following information:
1. The name of the owner;
2. The date or dates of the examination;
3. The breed, color, sex, and age of the animal;
4. A description of the veterinarian’s findings;
5. A statement that the veterinarian certifies the animal to be unfit for purchase; and
6. The name and address of the certifying veterinarian and the date of the certification.
C. A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for purchase unless the animal is clinically ill due to such condition. An animal may not be found unfit for purchase on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.
1984, c. 492, § 29-213.52; 1987, c. 488, § 3.1-796.82; 2008, c. 860.