SECTIONS 122045-122110 - California Statutes

HEALTH AND SAFETY CODE

SECTION 122045-122110

122045. (a) This article shall be known and may be cited as the
Polanco-Lockyer Pet Breeder Warranty Act.
(b) Every breeder of dogs shall comply with this article. As used
in this article, "dog breeder," or "breeder" means a person, firm,
partnership, corporation, or other association that has sold,
transferred, or given away all or part of three or more litters or 20
or more dogs during the preceding 12 months that were bred and
reared on the premises of the person, firm, partnership, corporation,
or other association.
(c) For the purposes of this article, "purchaser" means any person
who purchases a dog from a breeder.
(d) This article shall not apply to pet dealers regulated under
Article 2 (commencing with Section 122125), or to publicly operated
pounds, humane societies, or privately operated rescue organizations.

122050. (a) Every breeder of dogs shall deliver to each purchaser
of a dog a written disclosure containing all of the following:
(1) The breeder's name and address. If the breeder is a dealer
licensed by the United States Department of Agriculture, the federal
dealer identification number shall also be indicated.
(2) The date of the dog's birth and the date the breeder received
the dog. If the dog is not advertised or sold as purebred,
registered, or registerable, the date of birth may be approximated if
not known by the breeder.
(3) The breed, sex, color, and identifying marks at the time of
sale, if any. If the dog is from a United States Department of
Agriculture licensed source, the individual identifying tag, tattoo,
or collar number for that animal. If the breed is unknown or mixed,
the record shall so indicate.
(4) If the dog is being sold as being capable of registration, the
names and registration numbers of the sire and dam, and the litter
number, if known.
(5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of
administration and the type of vaccine or worming treatment.
(6) A record of any veterinarian treatment or medication received
by the dog while in the possession of the breeder and either of the
following:
(A) A statement, signed by the breeder at the time of sale, that:
(i) The dog has no known disease or illness.
(ii) The dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of the sale or
that is likely to adversely affect the health of the dog in the
future.
(B) A record of any known disease, illness, or congenital or
hereditary condition that adversely affects the health of the dog at
the time of sale, or that is likely to affect the health of the dog
in the future, along with a statement signed by a veterinarian
licensed in the State of California that authorizes the sale of the
dog, recommends necessary treatment, if any, and verifies that the
disease, illness, or condition does not require hospitalization or
nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future. A
veterinarian statement is not required for intestinal or external
parasites unless their presence makes the dog clinically ill or is
likely to make the dog clinically ill. The statement shall be valid
for seven days following examination of the dog by the veterinarian.
(b) The written disclosure made pursuant to this section shall be
signed by both the breeder certifying the accuracy of the statement,
and by the purchaser of the dog acknowledging receipt of the
statement.
(c) In addition, all medical information required to be disclosed
pursuant to this section shall be made orally by the breeder to the
purchaser.
(d) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health
of the dog at the time of sale, or is likely to adversely affect the
health of the dog in the future, shall be one that is apparent at the
time of sale or that should have been known by the breeder from the
history of veterinary treatment disclosed pursuant to this section.
(e) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve
or restore the health of the dog, to prevent the dog from
experiencing pain or discomfort, or to correct a condition that would
otherwise interfere with the dog's ability to walk, run, jump, or
otherwise function in a normal manner.
(f) For the purposes of this article, "clinically ill" means an
illness that is apparent to a veterinarian based on observation,
examination, or testing of the dog, or upon a review of the medical
records relating to the dog.

122055. A breeder shall maintain a written record on the health,
status, and disposition of each dog for a period of not less than one
year after disposition of the dog. The record shall also include all
of the information that the breeder is required to disclose pursuant
to Section 122050.

122060. Except as provided for in paragraph (6) of subdivision (a)
of Section 122050, no breeder shall knowingly sell a dog that is
diseased, ill or has a condition, any one of which that requires
hospitalization or nonelective surgical procedures. In lieu of the
civil penalties imposed pursuant to Section 122110, any breeder who
violates this section shall be subject to a civil penalty of up to
one thousand dollars ($1,000), or shall be prohibited from selling
dogs for up to 30 days, or both. If there is a second offense, the
breeder shall be subject to a civil penalty of up to two thousand
five hundred dollars ($2,500), or a prohibition from selling dogs for
up to 90 days, or both. For a third offense, the breeder shall be
subject to a civil penalty of up to five thousand dollars ($5,000),
or a prohibition from selling dogs for up to six months, or both. For
a fourth and subsequent offense, the breeder shall be subject to a
civil penalty of up to ten thousand dollars ($10,000) or a
prohibition from selling dogs for up to one year, or both. For the
purpose of this section, a violation that occurred over five years
prior to the most recent violation shall not be considered.
An action for recovery of the civil penalty and for a court order
enjoining the breeder from engaging in the business of selling dogs
at retail for the period set forth in this section, may be prosecuted
by the district attorney for the county in which the violation
occurred, or the city attorney for the city in that the violation
occurred, in the appropriate court.

122065. It shall be unlawful for a breeder to fail to do any of the
following:
(a) Maintain facilities where the dogs are kept in a sanitary
condition.
(b) Provide dogs with adequate nutrition and potable water.
(c) Provide adequate space appropriate to the age, size, weight,
and breed of dog. For purposes of this subdivision, "adequate space"
means sufficient space for the dog to stand up, sit down, and turn
about freely using normal body movements, without the head touching
the top of the cage, and to lie in a natural position.
(d) Provide dogs with a rest board, floormat, or similar device
that can be maintained in a sanitary condition.
(e) Provide dogs with adequate socialization and exercise. For the
purpose of this article, "socialization" means physical contact with
other dogs and with human beings.
(f) Wash hands before and after handling each infectious or
contagious dog.
(g) Provide veterinary care without delay when necessary.

122065.5. It shall be unlawful for a breeder to primarily house a
dog on wire flooring.

122070. (a) If a licensed veterinarian states in writing that
within 15 days after the purchaser has taken physical possession of a
dog following the sale by a breeder, the dog has become ill due to
any illness or disease that existed in the dog on or before delivery
of the dog to the purchaser, or, if within one year after the
purchaser has taken physical possession of the dog after the sale by
a breeder, a veterinarian licensed in this state states in writing
that the dog has a congenital or hereditary condition that adversely
affects the health of the dog, or that requires, or is likely in the
future to require, hospitalization or nonelective surgical
procedures, the dog shall be considered unfit for sale, and the
breeder shall provide the purchaser with any of the following
remedies that the purchaser elects:
(1) Return the dog to the breeder for a refund of the purchase
price, plus sales tax, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
the original purchase price of the dog, including sales tax.
(2) Exchange the dog for a dog of the purchaser's choice of
equivalent value, providing a replacement dog is available, and
receive reimbursement for reasonable veterinary fees for diagnosis
and treating the dog in an amount not to exceed the original purchase
price of the dog, plus sales tax on the original purchase price of
the dog.
(3) Retain the dog, and receive reimbursement for reasonable
veterinary fees for diagnosis and treating the dog in an amount not
to exceed 150 percent of the original purchase price of the dog, plus
sales tax.
(b) If the dog has died, regardless of the date of death of the
dog, obtain a refund for the purchase price of the dog, plus sales
tax, or a replacement dog of equivalent value of the purchaser's
choice, and reimbursement for reasonable veterinary fees for
diagnosis and treatment of the dog in an amount not to exceed the
purchase price of the dog, plus sales tax, if any of the following
conditions exist:
(1) A veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog
after the sale by a breeder.
(2) A veterinarian, licensed in this state, states in writing that
the dog has died due to a congenital or hereditary condition that
was diagnosed by the veterinarian within one year after the purchaser
obtained physical possession of the dog after the sale by a breeder.

122075. (a) There shall be a rebuttable presumption that an illness
existed at the time of sale if the animal dies within 15 days of
delivery to the purchaser.
(b) For purposes of Section 122070, a finding by a veterinarian of
intestinal or external parasites shall not be grounds for declaring
a dog unfit for sale unless their presence makes the dog clinically
ill or is likely to make the dog clinically ill.
(c) For purposes of Section 122070, the value of veterinary
services shall be deemed reasonable if the services rendered are
appropriate for the diagnosis and treatment of illness or congenital
or hereditary condition made by the veterinarian and the value of the
services is comparable to the value of similar services rendered by
other licensed veterinarians in proximity to the treating
veterinarian.

122080. To obtain the remedies provided for in Section 122070, the
purchaser shall substantially comply with all of the following
requirements:
(a) Notify the breeder as soon as possible but no later than five
days of the diagnosis by a veterinarian licensed in this state of a
medical or health problem, including a congenital or hereditary
condition and of the name and telephone number of the veterinarian
providing the diagnosis.
(b) Return the dog to the breeder, in the case of illness or
congenital or hereditary condition, along with a written statement
from a veterinarian licensed in this state, stating the dog to be
unfit for purchase due to illness, a congenital or hereditary
condition, or the presence of symptoms of a contagious or infectious
disease, that existed on or before delivery of the dog to the
purchaser, and that adversely affects the health of the dog. The
purchaser shall return the dog along with a copy of the veterinarian'
s statement as soon as possible but no later than five days of
receipt of the veterinarian's statement.
(c) Provide the breeder, in the event of death, with a written
statement from a veterinarian licensed in this state stating that the
dog died from an illness that existed on or before the delivery of
the dog to the purchaser. The presentation of the statement shall be
sufficient proof to claim reimbursement or replacement and the return
of the deceased dog to the breeder shall not be required.

122085. No refund, replacement, or reimbursement of veterinary fees
shall be made under Section 122070 if any of the following
conditions exist:
(a) The illness, condition, or death resulted from maltreatment or
neglect or from an injury sustained or an illness or condition
contracted subsequent to the delivery of the dog to the purchaser.
(b) The purchaser fails to carry out the recommended treatment
prescribed by the examining veterinarian who made the initial
diagnosis. However, this subdivision shall not apply if the cost for
the treatment together with the veterinarian's fee for the diagnosis
would exceed the purchase price of the dog, plus sales tax.
(c) A veterinarian's statement was provided to the purchaser
pursuant to subparagraph (B) of paragraph (6) of subdivision (a) of
Section 122050 that disclosed the disease, illness, or condition for
which the purchaser seeks to return the dog. However, this
subdivision shall not apply if, within one year after the purchaser
took physical possession of the dog, a veterinarian licensed in this
state states in writing that the disease, illness, or condition
requires, or is likely in the future to require, hospitalization or
nonelective surgical procedures or that the disease, illness, or
condition resulted in the death of the dog.
(d) The purchaser refuses to return to the breeder all documents
previously provided to the purchaser for the purpose of registering
the dog. This subdivision shall not apply if the purchaser signs a
statement certifying that the documents have been inadvertently lost
or destroyed.

122090. (a) The veterinarian's statement pursuant to Section 122070
shall contain all of the following information:
(1) The purchaser's name and address.
(2) The date or dates the dog was examined.
(3) The breed and age of the dog, if known.
(4) That the veterinarian examined the dog.
(5) That the dog has or had disease, illness, or a hereditary or
congenital condition, as described in Section 122050 that renders it
unfit for purchase or resulted in its death.
(6) The precise findings of the examination or necropsy, including
laboratory results or copies of laboratory reports.
(b) If a refund for reasonable veterinary expenses is being
requested, the veterinarian's statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of
the illness or congenital or hereditary condition.
(c) Refunds and payment of reimbursable expenses provided for in
Section 122070 shall be paid, unless contested, by the breeder to the
purchaser not later than 10 business days following receipt of the
veterinarian's statement required by Section 122070 or, where
applicable, not later than 10 business days after the date on that
the dog is returned to the breeder.

122095. (a) In the event that a breeder wishes to contest a demand
for any of the remedies specified in Section 122070, the breeder may,
except in the case of the death of the dog, require the purchaser to
produce the dog for examination by a licensed veterinarian
designated by the breeder. The breeder shall pay the cost of this
examination.
(b) If the purchaser and the breeder are unable to reach an
agreement within 10 business days following receipt by the breeder of
the veterinarian's statement pursuant to Section 122070, or
following receipt of the dog for examination by a veterinarian
designated by the breeder, whichever is later, the purchaser may
initiate an action in a court of competent jurisdiction to resolve
the dispute or the parties may submit to binding arbitration if
mutually agreed upon by the parties in writing.
(c) The prevailing party in the dispute shall have the right to
collect reasonable attorney's fees if the other party acted in bad
faith in seeking or denying the requested remedy.

122100. Every breeder that sells a dog shall provide the purchaser
at the time of sale, and a prospective purchaser upon request, with a
written notice of rights, setting forth the rights provided for
under this section. The notice shall be contained in a separate
document. The written notice of rights shall be in 10-point type. A
copy of the written notice of rights shall be signed by the purchaser
acknowledging that he or she has reviewed the notice. The notice
shall state the following:

"A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF
DOGS

The sale of dogs is subject to consumer protection regulation. In
the event that a California licensed veterinarian states in writing
that your dog is unfit for purchase because it became ill due to an
illness or disease that existed within 15 days following delivery to
you, or within one year in the case of congenital or hereditary
condition, you may choose one of the following:
(1) Return your dog and receive a refund of the purchase price,
plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog, plus sales tax.
(2) Return your dog and receive a dog of your choice of equivalent
value, providing a replacement dog is available, and receive
reimbursement for reasonable veterinarian fees up to the cost of the
dog, plus sales tax.
(3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of
the dog plus sales tax on the original purchase price of the dog.
In the event your dog dies, you may receive a refund for the
purchase price of the dog, plus sales tax, or a replacement dog of
your choice, of equivalent value, and reimbursement for reasonable
veterinary fees for the diagnosis and treatment of the dog, if a
veterinarian, licensed in this state, states in writing that the dog
has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the
sale by a dog breeder, or states that the dog has died due to a
congenital or hereditary condition that was diagnosed by the
veterinarian within one year after the purchaser obtained physical
possession of the dog after the sale by a dog breeder. These fees may
not exceed the purchase price of the dog, plus sales tax.
In order to exercise these rights, you must notify the dog breeder
as quickly as possible but no later than five days after learning
from your veterinarian that a problem exists. You must tell the dog
breeder about the problem and give the dog breeder the name and
telephone number of the veterinarian providing the diagnosis.
If you are making a claim, you must also present to the dog
breeder a written veterinary statement, in a form prescribed by law,
that the animal is unfit for purchase and an itemized statement of
all veterinary fees related to the claim. This information must be
presented to the dog breeder no later than five days after you have
received the written statement from the veterinarian.
In the event that the dog breeder wishes to contest the statement
or the veterinarian's bill, the dog breeder may request that you
produce the dog for examination by a licensed veterinarian of the dog
breeder's choice. The dog breeder shall pay the cost of this
examination.
In the event of death, the deceased dog need not be returned to
the dog breeder if you submit a statement issued by a licensed
veterinarian stating the cause of death.
If the parties cannot resolve the claim within 10 business days
following receipt of the veterinarian statement or the examination by
the dog breeder's veterinarian, whichever event occurs later, you
may file an action in a court of competent jurisdiction to resolve
the dispute. If a party acts in bad faith, the other party may
collect reasonable attorney's fees. If the dog breeder does not
contest the matter, the dog breeder must make the refund or
reimbursement no later than 10 business days after receiving the
veterinary certification.
This statement is a summary of key provisions of the consumer
remedies available. California law also provides safeguards to
protect dog breeders from abuse. If you have questions, obtain a copy
of the complete relevant statutes.
This notice shall be contained in a separate document. The written
notice shall be in 10-point type. The notice shall be signed by the
purchaser acknowledging that he or she has reviewed the notice. The
dog breeder shall permit persons to review the written notice upon
request.
NOTE: This disclosure of rights is a summary of California law.
The actual statutes are contained in Article 1 (commencing with
Section 122045) of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code."

122105. Nothing in this article shall in any way limit the rights
or remedies that are otherwise available to a consumer under any
other law. Nor shall this article in any way limit the breeder and
the purchaser from agreeing between themselves upon additional terms
and conditions that are not inconsistent with this article. However,
any agreement or contract by a purchaser to waive any rights under
this article shall be null and void and shall be unenforceable.

122110. (a) Except as otherwise specified herein, any person
violating any provision of this article other than Section 122060
shall be subject to civil penalty of up to one thousand dollars
($1,000) per violation. An action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
(b) Nothing in this article limits or authorizes any act or
omission that violates Section 597 l of the Penal Code.