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92_SB0215 LRB9205133DJtm 1 AN ACT in relation to business transactions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Retail Sale of Dogs and Cats Act. 6 Section 5. Definitions. As used in this Act: 7 "Animal" means a dog or cat. 8 "Cat" means any live or dead cat (Felis catus) or any 9 cat-hybrid cross. 10 "Dog" means any live or dead dog (Canis familiaris) or 11 any dog-hybrid cross. 12 "Person" means any individual, corporation, partnership, 13 association, municipality, or other legal entity. 14 "Clinically ill" means having an illness that is apparent 15 to a veterinarian based on observation, examination, or 16 testing of an animal, or upon review of the medical records 17 relating to an animal. 18 "Department" means the Department of Agriculture. 19 "Pet dealer" means any person, pet-shop operator, dog 20 dealer, kennel operator, or cattery operator as defined in 21 Section 2 of the Animal Welfare Act. For the purposes of 22 this Act, "pet dealer" includes breeders who sell animals, 23 except that a breeder who sells directly to the consumer 24 fewer than 25 animals per year that are born and raised on 25 the breeder's residential premises shall not be considered a 26 pet dealer as a result of the sale of those animals. The term 27 does not include duly incorporated humane societies dedicated 28 to the care of unwanted animals that make those animals 29 available for adoption, whether or not a fee is charged for 30 the adoption. 31 "Nonelective surgical procedure" means, with respect to -2- LRB9205133DJtm 1 an animal, a surgical procedure that is necessary to preserve 2 or restore the health of an animal to prevent the animal from 3 experiencing pain or discomfort, or to correct a condition 4 that would interfere with an animal's ability to walk, run, 5 jump, or otherwise function in a normal manner. 6 "Purchaser" means a person who purchases an animal from a 7 pet dealer without the intent to resell the animal. 8 Section 10. Transportation; common carrier. A pet 9 dealer receiving an animal from a common carrier must 10 transport the animal, or have the animal transported, from 11 the carrier's premises within 4 hours after receipt of 12 telephone notification by the carrier of the completion of 13 shipment and arrival of the animal at the carrier's point of 14 destination. 15 Section 15. Examination for sickness. Before being 16 placed with other animals, an animal received by a pet dealer 17 must be examined for sickness by a licensed veterinarian and 18 tested for brucellosis. An animal found to be afflicted with 19 a contagious disease must be kept caged separately from 20 healthy animals and receive veterinary treatment. All animals 21 must be inoculated as required by State or local law. 22 Veterinary care appropriate to the species must be provided 23 without undue delay when necessary. Each animal must be 24 observed each day by the pet dealer or by a person working 25 under the pet dealer's supervision. 26 Section 20. Written statement by pet dealer. 27 (a) A pet dealer must deliver to the purchaser of an 28 animal at the time of sale a written statement in a 29 standardized form prescribed by the Department containing the 30 information prescribed in this Section. 31 (b) For a cat, the statement must contain the following -3- LRB9205133DJtm 1 information: 2 (1) The breeder's and broker's names and addresses, 3 if known, or, if not known, the source of the cat. If 4 the person from whom the cat was obtained is a dealer 5 licensed by the United States Department of Agriculture, 6 the statement must include the person's name, address, 7 and federal dealer identification number. 8 (2) The date of the cat's birth (unless the date is 9 unknown because of the source of the cat) and the date 10 and location where the dealer received the cat. 11 (3) A record of the immunization and worming 12 treatments, if any, administered to the cat as of the 13 time of sale, including the dates of administration and 14 the type of vaccine or worming treatment. 15 (4) A record of any known disease or sickness with 16 which the cat is afflicted at the time of sale. 17 (5) A record of any veterinary treatment or 18 medication received by the cat while in the possession of 19 the pet dealer, and either of the following: 20 (A) A statement, signed by the pet dealer at 21 the time of sale, that (i) the cat has no known 22 disease or illness and (ii) the cat has no known 23 congenital or hereditary condition that adversely 24 affects the health of the cat at the time of sale or 25 that is likely to adversely affect the health of the 26 cat in the future. 27 (B) A record of any known congenital or 28 hereditary condition, disease, or illness that 29 adversely affects the health of the cat at the time 30 of sale, along with a statement signed by a licensed 31 veterinarian that authorizes the sale of the cat, 32 recommends necessary treatment, if any, and verifies 33 that the condition, disease, or illness does not 34 require hospitalization or nonelective surgical -4- LRB9205133DJtm 1 procedures and is not likely to require 2 hospitalization or nonelective surgical procedures 3 in the future. A veterinarian's statement is not 4 required for intestinal or external parasites unless 5 their presence makes the cat clinically ill or is 6 likely to make the cat clinically ill. The 7 statement shall be valid for 7 business days 8 following examination of the cat by the 9 veterinarian. 10 (c) For a dog, the statement must contain the following 11 information: 12 (1) The breeder's and broker's names and addresses 13 if known, or, if not known, the source of the dog. If 14 the person from whom the dog was obtained is a dealer 15 licensed by the United States Department of Agriculture, 16 the statement shall include the person's name, address, 17 and federal dealer identification number. 18 (2) The date of the dog's birth and the date and 19 location where the dealer received the dog. If the dog is 20 not advertised or sold as purebred, registered, or 21 registrable, the date of birth may be approximated if not 22 known by the dealer. 23 (3) The breed, sex, color, and identifying marks at 24 the time of sale, if any. If the dog is from a source 25 licensed by the United States Department of Agriculture, 26 the statement must include the individual identifying 27 tag, tattoo, or collar number for that animal. If the 28 breed is unknown or mixed, the record must so indicate. 29 (4) If the dog is being sold as being capable of 30 registration, the names and registration numbers of the 31 sire and dam, and the litter number if known. 32 (5) A record of the immunization and worming 33 treatments, if any, administered to the dog as of the 34 time of sale, including the dates of administration and -5- LRB9205133DJtm 1 the type of vaccine or worming treatment. 2 (6) A record of any known disease or sickness with 3 which the dog is afflicted at the time of sale. 4 (7) A record of any veterinary treatment or 5 medication received by the dog while in possession of the 6 pet dealer or breeder and either of the following: 7 (A) A statement, signed by the pet dealer at 8 the time of sale, that (i) the dog has no known 9 disease or illness and (ii) the dog has no known 10 congenital or hereditary condition that adversely 11 affects the health of the dog at the time of sale or 12 that is likely to adversely affect the health of the 13 dog in the future. 14 (B) A record of any known congenital or 15 hereditary condition, disease, or illness that 16 adversely affects the health of the dog at the time 17 of sale or is likely to adversely affect the health 18 of the dog in the future, along with a statement 19 signed by a licensed veterinarian that authorizes 20 the sale of the dog, recommends necessary treatment, 21 if any, and verifies that the condition, disease, or 22 illness does not require hospitalization or 23 nonelective surgical procedures and is not likely to 24 require hospitalization or nonelective surgical 25 procedures in the future. A veterinarian's statement 26 is not required for intestinal or external parasites 27 unless their presence makes the dog clinically ill 28 or is likely to make the dog clinically ill. The 29 statement shall be valid for 7 business days 30 following examination of the dog by the veterinarian 31 (d) The pet dealer must also orally disclose to the 32 purchaser all medical information required to be disclosed in 33 the written statement under subdivision (b)(5) or (c)(7). 34 (e) A written statement under subsection (b) or (c) must -6- LRB9205133DJtm 1 be signed by both the pet dealer, certifying the accuracy of 2 the statement, and the purchaser of the animal, acknowledging 3 receipt of the statement. 4 (f) A pet dealer is responsible for disclosure of a 5 disease, illness, or congenital or hereditary condition that 6 adversely affects the health of an animal at the time of sale 7 or is likely to adversely affect the health of the animal in 8 the future if the disease, illness, or condition is apparent 9 at the time of sale or should have been known by the pet 10 dealer from the history of veterinary treatment disclosed 11 under this Section. 12 Section 25. Pet dealer's records. A pet dealer must 13 maintain a written record on the health and disposition of an 14 animal for a period of not less than one year after 15 disposition of the animal. The record must also contain all 16 of the information required to be disclosed under this Act. 17 The record must be available for inspection during normal 18 business hours to Department investigators and approved 19 humane investigators (as those terms are defined in the 20 Humane Care for Animals Act), administrators, deputy 21 administrators, and animal control wardens (as those terms 22 are defined in the Animal Control Act), authorized Department 23 employees, and law enforcement officers. On or before 24 January 10 of each year, every pet dealer must report to the 25 Department the numbers of dogs and cats sold by the dealer, 26 and each animal's origin and disposition. 27 Section 30. Violation, penalty. Except as otherwise 28 specified in this Act, a person violating any provision of 29 this Act other than Section 35 is subject to a civil penalty 30 of not more than $1,000 per violation. An action to enforce 31 collection of the penalty may be prosecuted in the name of 32 the People of the State of Illinois by the State's Attorney -7- LRB9205133DJtm 1 for the county where the violation is alleged to have 2 occurred. 3 Section 35. Unlawful acts. 4 (a) It is unlawful for a pet dealer to fail to do any of 5 the following: 6 (1) Maintain facilities where animals are kept in a 7 sanitary condition. 8 (2) Provide animals with adequate nutrition and 9 potable water. 10 (3) Provide adequate space appropriate to the age, 11 size, weight, and breed of animal. "Adequate space" 12 means sufficient space for the animal to stand up, sit 13 down, and turn about freely using normal body movements 14 without the head touching the top of the crate in which 15 the animal is kept, and to lie in a natural position with 16 legs outstretched. 17 (4) Provide animals housed on wire flooring with a 18 rest board, floor mat, or similar device that can be 19 maintained in a sanitary condition. 20 (5) Provide dogs with adequate socialization and 21 exercise. "Socialization" means physical contact with 22 other dogs or with human beings. 23 (6) Wash hands before and after handling each 24 infectious or contagious animal. 25 (7) Provide cats with a litter box and scratching 26 post. 27 (8) Maintain either of the following: 28 (A) A fire-alarm system that is connected to a 29 central reporting station that alerts the local fire 30 department in case of fire. 31 (B) A fire-suppression sprinkler system. 32 (9) Provide veterinary care without delay when 33 necessary. -8- LRB9205133DJtm 1 (b) A pet dealer may not possess an animal that is less 2 than 8 weeks old. 3 Section 40. Ill or diseased animals; remedies. 4 (a) If (i) a veterinarian licensed in this State states 5 in writing that, within 21 business days after the purchaser 6 took physical possession of an animal sold to the purchaser 7 by a pet dealer, the animal has become ill due to any illness 8 that existed in the animal on or before delivery of the 9 animal to the purchaser, or (ii) within one year after the 10 purchaser took physical possession of an animal sold to the 11 purchaser by a pet dealer, a veterinarian licensed in this 12 State states in writing that the animal has a congenital or 13 hereditary condition that adversely affects the health of the 14 animal or that requires, or is likely in the future to 15 require, hospitalization or nonelective surgical procedures, 16 then the animal shall be considered unfit for sale, and the 17 pet dealer must provide the purchaser with any one of the 18 following remedies that the purchaser elects: 19 (1) The purchaser may return the animal to the pet 20 dealer for a refund of the purchase price, including 21 sales tax, paid by the purchaser, and also receive 22 reimbursement for reasonable veterinary fees for the 23 diagnosis and treatment of the animal in an amount not to 24 exceed the original purchase price of the animal, 25 including sales tax, paid by the purchaser. 26 (2) The purchaser may exchange the animal for an 27 animal of the purchaser's choice of equivalent value if a 28 replacement animal is available, and may also receive 29 reimbursement for reasonable veterinary fees for 30 diagnosis and treatment of the animal in an amount not to 31 exceed the original purchase price of the animal, 32 including sales tax, paid by the purchaser. 33 (3) The purchaser may retain the animal and receive -9- LRB9205133DJtm 1 reimbursement for reasonable veterinary fees for 2 diagnosis and treatment of the animal in an amount not to 3 exceed 150% of the original purchase price of the animal, 4 including sales tax, paid by the purchaser. 5 (b) If an animal purchased from a pet dealer has died, 6 regardless of the date of the death of the animal, the 7 purchaser may obtain a refund for the purchase price of the 8 animal, including sales tax, paid by the purchaser or a 9 replacement animal of equivalent value of the purchaser's 10 choice, and may receive reimbursement for reasonable 11 veterinary fees for diagnosis and treatment of the animal in 12 an amount not to exceed the original purchase price of the 13 animal, including sales tax, paid by the purchaser if either 14 of the following conditions exist: 15 (1) A veterinarian licensed in this State states in 16 writing that the animal has died due to an illness or 17 disease that existed or in all likelihood existed within 18 21 business days after the purchaser obtained physical 19 possession of the animal from the pet dealer. 20 (2) A veterinarian licensed in this State states in 21 writing that the animal has died due to a congenital or 22 hereditary condition that was diagnosed by the 23 veterinarian within one year after the purchaser obtained 24 physical possession of the animal from the pet dealer. 25 (c) A finding by a veterinarian of intestinal or 26 external parasites is not grounds for declaring an animal 27 unfit for sale unless their presence makes the animal 28 clinically ill or is likely to make the animal clinically 29 ill. 30 (d) The value of veterinary services shall be deemed 31 reasonable if the services rendered are appropriate for the 32 diagnosis and treatment of illness or a congenital or 33 hereditary condition by the veterinarian and the value of 34 similar services is comparable to the value of similar -10- LRB9205133DJtm 1 services rendered by other licensed veterinarians in the same 2 geographical area. 3 Section 45. Presumption. There shall be a rebuttable 4 presumption that an illness existed at the time of sale of an 5 animal if the animal dies within 21 business days after 6 delivery to the purchaser. 7 Section 50. Purchaser's entitlement to remedies. To be 8 entitled to a remedy under Section 40, a purchaser must 9 substantially comply with all of the following requirements: 10 (1) The purchaser must notify the pet dealer as 11 soon as possible, but not more than 14 business days 12 after the diagnosis by a veterinarian licensed in this 13 State, of a medical or health problem of an animal 14 purchased from the pet dealer, including a congenital or 15 hereditary condition, and of the name and telephone 16 number of the veterinarian providing the diagnosis. 17 (2) The purchaser must provide the pet dealer, in 18 the event of the animal's death, with a written statement 19 from a veterinarian licensed in this State stating that 20 the animal died from an illness that existed on or before 21 the delivery of the animal to the purchaser. The 22 presentation of the statement is sufficient proof to 23 claim reimbursement or replacement, and the return of the 24 deceased animal to the pet dealer is not required. 25 Section 55. Exceptions to remedies. Not withstanding 26 Section 40, no refund of the purchase price of an animal, 27 replacement of an animal, or reimbursement of veterinary fees 28 shall be made if any of the following conditions exist: 29 (1) The animal's illness or death resulted from 30 maltreatment or neglect or from an injury sustained or an 31 illness contracted after the delivery of the animal to -11- LRB9205133DJtm 1 the purchaser. 2 (2) The purchaser fails to carry out the 3 recommended treatment prescribed by the examining 4 veterinarian who made the initial diagnosis. This 5 paragraph (2) does not apply, however, if the cost for 6 the treatment, together with the veterinarian's fee for 7 the diagnosis, would exceed the purchase price of the 8 animal, including sales tax, paid by the purchaser. 9 (3) A veterinarian's statement was provided to the 10 purchaser under Section 20 of this Act that disclosed the 11 disease, illness, or condition for which the purchaser 12 seeks to return the animal. This paragraph (3) does not 13 apply, however, if, within one year after the purchaser 14 took physical possession of the animal, a veterinarian 15 licensed in this State states in writing that the 16 disease, illness, or condition requires, or is likely in 17 the future to require, hospitalization or nonelective 18 surgical procedures or that the disease, illness, or 19 condition resulted in the death of the animal. 20 (4) The purchaser refuses to return to the pet 21 dealer all documents previously provided to the purchaser 22 for the purpose of registering the animal. This 23 paragraph (4) does not apply, however, if the purchaser 24 signs a written statement certifying that the documents 25 have been inadvertently lost or destroyed. 26 Section 60. Veterinarian's statement. 27 (a) The veterinarian's statement under Section 40 must 28 contain the following information: 29 (1) The purchaser's name and address. 30 (2) The date or dates the animal was examined. 31 (3) The animal's breed, age, and microchip number 32 if known. 33 (4) A statement that the veterinarian examined the -12- LRB9205133DJtm 1 animal. 2 (5) A statement that the animal has or had an 3 illness rendering it unfit for purchase or resulting in 4 its death. 5 (6) The precise findings of the examination or 6 necropsy, including laboratory results or copies of 7 laboratory reports. 8 (b) If a refund for reasonable veterinary expenses is 9 requested, the veterinarian's statement must be accompanied 10 by an itemized bill of fees appropriate for the diagnosis and 11 treatment of the illness or congenital or hereditary 12 condition. 13 (c) Unless contested, refunds and payment of 14 reimbursable expenses under Section 40 must be paid by the 15 pet dealer to the purchaser no later than 14 business days 16 following receipt of the veterinarian's statement required by 17 Section 40 or, if applicable, no later than 14 business days 18 after the animal is returned to the pet dealer. 19 Section 65. Contesting a demand for remedy. 20 (a) If a pet dealer wishes to contest a demand for any 21 remedy under Section 40, the dealer may, except in the case 22 of the death of the animal, require the purchaser to produce 23 the animal for examination by a licensed veterinarian 24 designated by the pet dealer. The pet dealer must pay the 25 cost of this examination. 26 (b) If the purchaser and the pet dealer are unable to 27 reach an agreement within 14 days following the pet dealer's 28 receipt of the veterinarian's statement under Section 40, or 29 within 14 days following receipt of the animal for 30 examination by a veterinarian designated by the pet dealer, 31 whichever is later, the purchaser may bring an action in the 32 circuit court to resolve the dispute or the parties may 33 submit to binding arbitration if mutually agreed upon by the -13- LRB9205133DJtm 1 parties in writing. 2 (c) The prevailing party in the dispute is entitled to 3 collect reasonable attorney's fees. 4 Section 70. Written notice of rights. A pet dealer who 5 sells an animal must provide a written notice of rights to 6 the purchaser at the time of sale and to a prospective 7 purchaser upon request. The notice must be contained in a 8 separate document. The notice must be in 10-point type. A 9 copy of the notice must be signed by the purchaser 10 acknowledging that he or she has reviewed the notice. The 11 notice must be in the following form: 12 "NOTICE OF RIGHTS CONCERNING THE SALE OF CATS AND DOGS 13 The sale of cats and dogs is subject to Illinois 14 consumer-protection laws. If an Illinois-licensed 15 veterinarian states in writing that your cat or dog is unfit 16 for purchase because it became ill due to an illness or 17 disease that existed within 21 days following delivery to 18 you, or within one year following delivery to you in the case 19 of a congenital or hereditary condition, you may choose to do 20 one of the following: 21 (1) You may return your cat or dog and receive a 22 refund of the purchase price, plus sales tax, and receive 23 reimbursement of reasonable veterinary fees up to the 24 purchase price of the cat or dog, including sales tax. 25 (2) If a replacement cat or dog is available, you 26 may return your cat or dog and receive a cat or dog of 27 your choice of equivalent value and receive reimbursement 28 for reasonable veterinary fees up to the purchase price 29 of the cat or dog, including sales tax. 30 (3) You may keep your cat or dog and receive 31 reimbursement for reasonable veterinary fees up to 150% 32 of the original purchase price of the cat or dog, 33 including sales tax. -14- LRB9205133DJtm 1 You may receive a refund for the purchase price of the 2 cat or dog, plus sales tax, or a replacement cat or dog of 3 your choice of equivalent value, and reimbursement for 4 reasonable veterinary fees for the diagnosis and treatment of 5 the cat or dog, if your cat or dog dies and an 6 Illinois-licensed veterinarian states in writing that (1) the 7 cat or dog has died due to an illness or disease that existed 8 within 21 business days after you obtained physical 9 possession of the cat or dog from the pet dealer or (2) the 10 cat or dog has died due to a congenital or hereditary 11 condition that was diagnosed by the veterinarian within one 12 year after you obtained physical possession of the cat or dog 13 from the pet dealer. The reimbursement for reasonable 14 veterinary fees may not exceed the purchase price of the cat 15 or dog, including sale tax. 16 To exercise these rights, you must notify the pet dealer 17 as quickly as possible but not later than 14 business days 18 after learning from your veterinarian that a problem exists. 19 You must tell the pet dealer about the problem and give the 20 pet dealer the name and telephone number of the veterinarian 21 providing the diagnosis. 22 If you are making a claim, you must also present to the 23 pet dealer (i) a veterinarian's written statement, in a form 24 prescribed by law, that the cat or dog is unfit for purchase 25 and (ii) an itemized statement of all veterinary fees related 26 to the claim. This information must be presented to the pet 27 dealer no later than 5 days after you have received the 28 written statement from the veterinarian. 29 If the pet dealer wishes to contest the statement or the 30 veterinarian's bill, the pet dealer may request that you 31 produce the cat or dog for examination by a licensed 32 veterinarian of the pet dealer's choice. The pet dealer must 33 pay the cost of this examination. 34 In the event of the death of the cat or dog, the deceased -15- LRB9205133DJtm 1 cat or dog need not be returned to the pet dealer if you 2 submit a statement issued by a licensed veterinarian stating 3 the cause of death. 4 If you and the pet dealer cannot resolve the claim within 5 14 business days following receipt of the veterinarian's 6 statement or the examination by the pet dealer's 7 veterinarian, whichever event occurs later, you may file an 8 action in the circuit court to resolve the dispute. The 9 prevailing party may collect reasonable attorney's fees. If 10 the pet dealer does not contest the matter, the pet dealer 11 must make the refund or reimbursement no later than 14 days 12 after receiving the veterinarian's statement. 13 If the pet dealer has represented a dog as registrable 14 with a pedigree organization, the pet dealer must provide you 15 with the necessary papers to process the registration within 16 120 days following the date you receive the dog. If the pet 17 dealer fails to deliver the papers within the prescribed time 18 frame, you are entitled to return the dog for a full refund 19 of the purchase price, including sales tax, or a refund of 20 75% of the purchase price, including sales tax, if you choose 21 to keep the dog. 22 This notice contains a summary of key provisions of the 23 consumer remedies available. Illinois law also provides 24 safeguards to protect pet dealers from abuse. If you have 25 any questions, obtain a copy of the complete relevant laws. 26 NOTE: This notice contains a summary of Illinois law. 27 The law on which it is based is contained in the Retail Sale 28 of Dogs and Cats Act." 29 The pet dealer must permit persons to review the written 30 notice upon request. 31 Section 75. Other remedies; additional terms. Nothing 32 in this Act in any way limits the rights or remedies that are 33 otherwise available to a consumer under any other law, nor -16- LRB9205133DJtm 1 does this Act in any way limit the pet dealer and the 2 purchaser from agreeing between themselves upon additional 3 terms and conditions that are not inconsistent with this Act. 4 Any agreement or contract by a purchaser to waive any rights 5 under this Act is null and void, however, and is 6 unenforceable. 7 Section 80. Representations concerning pedigree; dogs. 8 A pet dealer may not state, promise, or represent to a 9 purchaser, directly or indirectly, that a dog is registered 10 or capable of being registered with an animal pedigree 11 registry organization unless the pet dealer provides the 12 purchaser with the documents necessary for that registration 13 within 120 days following the date of sale of the dog. If a 14 pet dealer fails to provide the documents necessary for 15 registration within 120 days following the date of sale in 16 violation of this Section, the purchaser is entitled, upon 17 written notice to the pet dealer, to (i) retain the dog and 18 receive a partial refund of 75% of the purchase price, 19 including sales tax, paid by the purchaser or (ii) return the 20 dog for a full refund of the purchase price, including sales 21 tax, paid by the purchaser. 22 Section 85. Diseased or ill animal; penalties. 23 (a) Except as provided in subdivision (c)(6) of Section 24 20, a pet dealer may not knowingly sell an animal that is 25 diseased, is ill, or has a condition requiring 26 hospitalization or a surgical procedure. Instead of the 27 civil penalties imposed under Section 30, a pet dealer who 28 violates this Section is subject to a civil penalty of not 29 less than $500 but not more than $1,000 for a first offense, 30 and is also subject to a suspension of the dealer's license 31 to sell animals so that the dealer is prohibited from selling 32 animals for 60 days. For a second offense, the pet dealer is -17- LRB9205133DJtm 1 subject to a civil penalty of not less than $1,000 but not 2 more than $2,500 and a suspension of the dealer's license to 3 sell animals so that the dealer is prohibited from selling 4 animals for 6 months. For a third offense, the pet dealer is 5 subject to a civil penalty of not less than $2,500 but not 6 more than $5,000 and shall be prohibited from selling animals 7 for 3 years. For a fourth offense, the pet dealer's license 8 shall be automatically revoked for a period of 5 years. A 9 pet dealer whose license has been revoked may not apply for a 10 pet dealer license during the period of revocation. 11 (b) An action to enforce collection of the civil penalty 12 and for a court order prohibiting the pet dealer from selling 13 animals under this Section may be prosecuted in the name of 14 the People of the State of Illinois by the State's Attorney 15 for the county where the violation is alleged to have 16 occurred. 17 (c) If a person knowingly sells an animal that is 18 diseased, is ill, or has a condition requiring 19 hospitalization or a surgical procedure, except as provided 20 in subdivision (c)(6) of Section 20, the Department may 21 revoke or refuse to issue or renew the person's pet dealer 22 license. 23 Section 90. Examination of animal before sale; 24 euthanasia. 25 (a) An animal may not be offered for sale by a pet 26 dealer to a purchaser until the animal has been examined by a 27 veterinarian licensed in this State. Each animal must be 28 examined with 5 days after the pet dealer receives the animal 29 and once every 15 days thereafter while the animal is in the 30 possession or custody of the pet dealer. The pet dealer must 31 provide a sick animal with proper veterinary care without 32 delay. 33 (b) An animal diagnosed with a contagious or infectious -18- LRB9205133DJtm 1 disease, illness, or condition must be crated separately from 2 healthy animals until a licensed veterinarian determines that 3 the animal is free from contagion or infection. The separate 4 area in which the animal is crated must meet the following 5 conditions: 6 (1) The area may not be used to house other healthy 7 animals or new arrivals awaiting the required veterinary 8 examination. 9 (2) The area may not be used for storing open food 10 containers or bowls, dishes, or other utensils that come 11 in contact with health animals. 12 (3) The area must have an exhaust fan that creates 13 air movement from the isolation area to an area outside 14 the premises of the pet dealer. The removal of exhaust 15 air from the isolation area may be accomplished by the 16 use of existing heating and air-conditioning ducts if no 17 exhaust air is permitted to enter or mix with fresh air 18 for use by the general animal population. 19 (4) Upon removal of all of the contagious or 20 infectious animals, the area must be cleaned and 21 disinfected before any healthy animal may be placed in 22 the area. 23 (c) If the pet dealer's veterinarian deems the animal to 24 be unfit for purchase due to a disease, illness, or 25 congenital condition, any of which is fatal or causes, or is 26 likely to cause, the animal to unduly suffer, the 27 veterinarian shall humanely euthanize the animal. The 28 veterinarian must provide the pet dealer with a written 29 statement as to why the animal was euthanized. Otherwise, 30 the pet dealer must have a veterinarian treat the animal or 31 may surrender the animal to a humane organization that 32 consents to receive the animal. 33 (d) If an animal is returned to a pet dealer due to 34 illness, disease, or a congenital or hereditary condition -19- LRB9205133DJtm 1 requiring veterinary care, the pet dealer must provide the 2 animal with proper veterinary care. 3 Section 95. Notice of state where dog was bred and 4 brokered. A pet dealer must post conspicuously on the cage 5 of each dog offered for sale a notice indicating the state 6 where the dog was bred and brokered. 7 Section 100. Notice to consumers. 8 (a) A pet dealer must post conspicuously, within 9 proximity to the cages of animals offered for sale, a notice 10 containing the following language in 100-point type: 11 "Information on the source of these animals and 12 veterinary treatments received by these animals is available 13 for review. You are entitled to a written notice of rights 14 concerning the sale of cats and dogs." 15 (b) Upon request for information regarding an animal, a 16 pet dealer must make immediately available to prospective 17 purchasers all of the information required to be disclosed to 18 purchasers under Section 20 and Section 70. 19 (c) At the time of sale of an animal, a pet dealer must 20 provide the purchaser with information on the value of 21 spaying and neutering dogs and cats. 22 Section 105. Construction 23 Nothing in this Act shall be construed to limit or 24 restrict approved humane investigators, Department 25 investigators, law enforcement officers, or animal control 26 wardens from enforcing the Humane Care for Animals Act, the 27 Animal Welfare Act, or any other law relating to the humane 28 treatment of or cruelty to animals.
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