Public Act 098-0509
 
SB1639 EnrolledLRB098 08812 MGM 38938 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Welfare Act is amended by changing
Section 3.15 as follows:
 
    (225 ILCS 605/3.15)
    Sec. 3.15. Disclosures for dogs and cats being sold by pet
shops.
    (a) Prior to the time of sale, every pet shop operator
must, to the best of his or her knowledge, provide to the
consumer the following information on any dog or cat being
offered for sale:
        (1) The retail price of the dog or cat, including any
    additional fees or charges.
        (2) The breed, age, date of birth, sex, and color of
    the dog or cat.
        (3) The date and description details of any inoculation
    or medical treatment that the dog or cat received while
    under the possession of the pet shop operator.
        (4) The name and business address of both the dog or
    cat breeder and the facility where the dog or cat was born.
    If the dog or cat breeder is located in the State, then the
    breeder's license number. If the dog or cat breeder also
    holds a license issued by the United States Department of
    Agriculture, the breeder's federal license identification
    number.
        (5) (Blank). Any known congenital or hereditary
    diseases of the parents of the dog or cat, or the parents'
    other offspring.
        (6) If eligible for registration with a pedigree
    registry, then the name and registration numbers of the
    sire and dam and the address of the pedigree registry where
    the sire and dam are registered.
        (7) If the dog or cat was returned by a customer, then
    the date and reason for the return.
        (8) The following written statement: "A copy of the pet
    shop's our policy regarding warranties, refunds, or
    returns is available upon request." and an explanation of
    the remedy under subsections (f) through (m) of this
    Section in addition to any other remedies available at law.
        (9) The pet shop operator's license number issued by
    the Illinois Department of Agriculture.
    (b) The information required in subsection (a) shall be
provided to the customer in written form by the pet shop
operator and shall have an acknowledgement of disclosures form,
which must be signed by the customer and the pet shop operator
at the time of sale. The acknowledgement of disclosures form
shall include the following:
        (1) A blank space for the dated signature and printed
    name of the pet shop operator, which shall be immediately
    beneath the following statement: "I hereby attest that all
    of the above information is true and correct to the best of
    my knowledge.".
        (2) A blank space for the customer to sign and print
    his or her name and the date, which shall be immediately
    beneath the following statement: "I hereby attest that this
    disclosure was posted on or near the cage of the dog or cat
    for sale and that I have read all of the disclosures. I
    further understand that I am entitled to keep a signed copy
    of this disclosure.".
    (c) A copy of the disclosures and the signed
acknowledgement of disclosures form shall be provided to the
customer at the time of sale and the original copy shall be
maintained by the pet shop operator for a period of 2 years
from the date of sale. A copy of the pet store operator's
policy regarding warranties, refunds, or returns shall be
provided to the customer.
    (d) A pet shop operator shall post in a conspicuous place
in writing on or near the cage of any dog or cat available for
sale the information required by subsection (a) of this Section
3.15.
    (e) If there is an outbreak of distemper, parvovirus, or
any other contagious and potentially life-threatening disease,
the pet shop operator shall notify the Department immediately
upon becoming aware of the disease. If the Department issues a
quarantine, the pet shop operator shall notify, in writing and
within 2 business days of the quarantine, each customer who
purchased a dog or cat during the 2-week period prior to the
outbreak and quarantine.
    (f) A customer who purchased a dog or cat from a pet shop
is entitled to a remedy under this Section if:
        (1) within 21 days after the date of sale, a licensed
    veterinarian states in writing that at the time of sale (A)
    the dog or cat was unfit for purchase due to illness or
    disease, the presence of symptoms of a contagious or
    infectious disease, or obvious signs of severe parasitism
    that are extreme enough to influence the general health of
    the animal, excluding fleas or ticks, or (B) the dog or cat
    has died from a disease that existed in the dog or cat on
    or before the date of delivery to the customer; or
        (2) within one year after the date of sale, a licensed
    veterinarian states in writing that the dog or cat
    possesses a congenital or hereditary condition that
    adversely affects the health of the dog or cat or requires
    either hospitalization or a non-elective surgical
    procedure or has died of a congenital or hereditary
    condition. Internal or external parasites may not be
    considered to adversely affect the health of the dog unless
    the presence of the parasites makes the dog or cat
    clinically ill. The veterinarian's statement shall
    include:
            (A) the customer's name and address;
            (B) a statement that the veterinarian examined the
        dog or cat;
            (C) the date or dates that the dog or cat was
        examined;
            (D) the breed and age of the dog or cat, if known;
            (E) a statement that the dog or cat has or had a
        disease, illness, or congenital or hereditary
        condition that is subject to remedy; and
            (F) the findings of the examination or necropsy,
        including any lab results or copies of the results.
    (g) A customer entitled to a remedy under subsection (f) of
this Section may:
        (1) return the dog or cat to the pet shop for a full
    refund of the purchase price;
        (2) exchange the dog or cat for another dog or cat of
    comparable value chosen by the customer;
        (3) retain the dog or cat and be reimbursed for
    reasonable veterinary fees for diagnosis and treatment of
    the dog or cat, not to exceed the purchase price of the dog
    or cat; or
        (4) if the dog or cat is deceased, be reimbursed for
    the full purchase price of the dog or cat plus reasonable
    veterinary fees associated with the diagnosis and
    treatment of the dog or cat, not to exceed 2 times the
    purchase price of the dog or cat.
    For the purposes of this subsection (g), veterinary fees
shall be considered reasonable if (i) the services provided are
appropriate for the diagnosis and treatment of the disease,
illness, or congenital or hereditary condition and (ii) the
cost of the services is comparable to that charged for similar
services by other licensed veterinarians located in close
proximity to the treating veterinarian.
    (h) Unless the pet shop contests a reimbursement required
under subsection (g) of this Section, the reimbursement shall
be made to the customer no later than 10 business days after
the pet shop operator receives the veterinarian's statement
under subsection (f) of this Section.
    (i) To obtain a remedy under this Section, a customer
shall:
        (1) notify the pet shop as soon as reasonably possible
    and not to exceed 3 business days after a diagnosis by a
    licensed veterinarian of a disease, illness, or congenital
    or hereditary condition of the dog or cat for which the
    customer is seeking a remedy;
        (2) provide to the pet shop a written statement
    provided for under subsection (f) of this Section by a
    licensed veterinarian within 5 business days after a
    diagnosis by the veterinarian;
        (3) upon request of the pet shop, take the dog or cat
    for an examination by a second licensed veterinarian; the
    customer may either choose the second licensed
    veterinarian or allow the pet shop to choose the second
    veterinarian, if the pet shop agrees to do so. The party
    choosing the second veterinarian shall assume the cost of
    the resulting examination; and
        (4) if the customer requests a reimbursement of
    veterinary fees, provide to the pet shop an itemized bill
    for the disease, illness, or congenital or hereditary
    condition of the dog or cat for which the customer is
    seeking a remedy.
    (j) A customer is not entitled to a remedy under this
Section if:
        (1) the illness or death resulted from: (A)
    maltreatment or neglect by the customer; (B) an injury
    sustained after the delivery of the dog or cat to the
    customer; or (C) an illness or disease contracted after the
    delivery of the dog or cat to the customer;
        (2) the customer does not carry out the recommended
    treatment prescribed by the veterinarian who made the
    diagnosis; or
        (3) the customer does not return to the pet shop all
    documents provided to register the dog or cat, unless the
    documents have already been sent to the registry
    organization.
    (k) A pet shop may contest a remedy under this Section by
having the dog or cat examined by a second licensed
veterinarian pursuant to paragraph (3) of subsection (i) of
this Section if the dog or cat is still living. If the dog or
cat is deceased, the pet shop may choose to have the second
veterinarian review any records provided by the veterinarian
who examined or treated the dog or cat for the customer before
its death.
    If the customer and the pet shop have not reached an
agreement within 10 business days after the examination of the
medical records and the dog or cat, if alive, or the dog's or
cat's medical records, if deceased, by the second veterinarian,
then:
        (1) the customer may bring suit in a court of competent
    jurisdiction to resolve the dispute; or
        (2) if the customer and the pet shop agree in writing,
    the parties may submit the dispute to binding arbitration.
    If the court or arbiter finds that either party acted in
bad faith in seeking or denying the requested remedy, then the
offending party may be required to pay reasonable attorney's
fees and court costs of the adverse party.
    (l) This Section shall not apply to any adoption of dogs or
cats, including those in which a pet shop or other organization
rents or donates space to facilitate the adoption.
    (m) If a pet shop offers its own warranty on a pet, a
customer may choose to waive the remedies provided under
subsection (f) of this Section in favor of choosing the
warranty provided by the pet shop. If a customer waives the
rights provided by subsection (f), the only remedies available
to the customer are those provided by the pet shop's warranty.
For the statement to be an effective waiver of the customer's
right to refund or exchange the animal under subsection (f),
the pet shop must provide, in writing, a statement of the
remedy under subsection (f) that the customer is waiving as
well as a written copy of the pet shop's warranty. For the
statement to be an effective waiver of the customer's right to
refund or exchange the animal under subsection (f), it shall be
substantially similar to the following language:
        "I have agreed to accept the warranty provided by the
    pet shop in lieu of the remedies under subsection (f) of
    Section 3.15 of the Animal Welfare Act. I have received a
    copy of the pet shop's warranty and a statement of the
    remedies provided under subsection (f) of Section 3.15 of
    the Animal Welfare Act. This is a waiver pursuant to
    subsection (m) of Section 3.15 of the Animal Welfare Act
    whereby I, the customer, relinquish any and all right to
    return the animal for congenital and hereditary disorders
    provided by subsection (f) of Section 3.15 of the Animal
    Welfare Act. I agree that my exclusive remedy is the
    warranty provided by the pet shop at the time of sale.".
(Source: P.A. 96-1470, eff. 1-1-11.)

Effective Date: 1/1/2014