News Release
For Immediate Release
May 6, 2008
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
