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For Immediate
Release
5/6/08
Contact:
Aaron Zappia
(215) 657-7700
Greenleaf Bill to Strengthen State’s Puppy
Lemon Law Clears Committee
The
legislation aims at further inhibiting the sale of dogs from puppy mills.
HARRISBURG—Today, the Senate Agriculture and Rural Affairs Committee approved
Senate Bill 536, State Senator Stewart J. Greenleaf’s (R-Montgomery/Bucks)
proposal to strengthen Pennsylvania’s Dog Purchaser Protection Act, commonly
known as the Puppy Lemon Law.
In 1997, Senator Greenleaf’s Dog Purchaser Protection Act was signed into law
and has provided a course of action for those who have unknowingly purchased a
sick or injured dog. With documentation from a licensed veterinarian and within
set time limits, a consumer may seek reimbursement for the dog, and / or payment
for any medical expenses.
“The Puppy Lemon Law was an important first step towards encouraging
responsible practices among Pennsylvania’s dog breeders,” said Senator
Greenleaf. “However, issues identified by the Office of Attorney General in
responding to consumer complaints under the Puppy Lemon Law have prompted these
recent updates. Also, Pennsylvania continues to have the dubious distinction of
being called the nation’s puppy mill capital. We need to provide consumers with
adequate remedies when they have the unfortunate experience of buying a diseased
or injured dog.”
Senate Bill 536 makes the following changes to Pennsylvania’s Puppy Lemon
Law:
- Under the current law, consumers may only seek reimbursement if
their dog suffers from a curable illness. Because many health problems, such as
Hip Dysplasia, cannot be cured, but can be treated, the law would now provide
for reimbursement for treatment of incurable conditions.
- Currently a hereditary or congenital condition must be certified by
a veterinarian within 30 days of the purchase. Some hereditary conditions, such
as hip dysplasia, typically take longer than 30 days to manifest. If the
condition is certified beyond 30 days of the date of purchase, the consumer has
no remedy they can pursue under the law. The bill extends the time period to 90
days.
- Presently, in order to recover any loss from the seller for a sick
dog, a consumer must obtain, within ten days of purchase, certification from a
veterinarian that the dog has a contagious or infectious disease. This
requirement may be difficult to fulfill depending on the nature of the tests
performed by the veterinarian. The legislation extends the time period to 14
days to give the veterinarian more time to reach a medical determination on the
health of the dog.
- Under the law, consumers who received a certification from a
veterinarian that their dog is ill must notify the seller of the certification
within two days and provide the certification to the seller within five days.
These requirements place unnecessary burdens upon consumers, who may be caring
for a sick dog. The bill increases two days to five and five days to seven.
- The definition of “unfit for purchase” currently means any disease,
deformity, injury, physical condition, illness or any defect which is congenital
or hereditary and which “severely affects” the health of the animal. “Severely”
is subjective and acts to limit the consumer’s right to recover. The bill
replaces “severely affects” with “a significant adverse effect on” the health of
the animal.
“Our pets are not mere possessions—they are cherished family members. When
they are ill, they are not only a financial burden, but an emotional one as
well,” said Senator Greenleaf. “By strengthening this existing law, we not only
further protect the consumer, but we as well take another important step towards
stopping puppy mills.”
Senate Bill 536 now awaits consideration before the Pennsylvania State
Senate.
For More Information on Pennsylvania’s Puppy Lemon Law Visit the Pennsylvania
Attorney General’s Website at:
http://www.attorneygeneral.gov
For More Information on Senator Greenleaf’s Legislation, visit
www.senatorgreenleaf.com.
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