2007 Minnesota Statutes

325F.791 SALES OF DOGS AND CATS.
    Subdivision 1. Disclosure. Every pet dealer shall deliver to each retail purchaser of an
animal written disclosure as follows:
(a) The name, address, and USDA license number of the breeder and any broker who has
had possession of the animal; the date of the animal's birth; the date the pet dealer received the
animal; the breed, sex, color, and identifying marks of the animal; the individual identifying
tag, tattoo, or collar number; the name and registration number of the sire and dam and the
litter number; and a record of inoculations, worming treatments, and medication received by the
animal while in the possession of the pet dealer.
(b) A statement signed by the pet dealer that the animal has no known health problem, or a
statement signed by the pet dealer disclosing any known health problem and a statement signed
by a veterinarian that recommends necessary treatment.
The disclosure shall be made part of the statement of consumer rights set forth in subdivision
10. The disclosure required in paragraph (a) need not be made for mixed breed animals if the
information is not available and cannot be determined by the pet dealer.
    Subd. 2. Records. The pet dealer shall maintain, for one year, a copy of the statement of
consumer rights delivered to the purchaser.
    Subd. 3. Registration. A pet dealer who represents an animal as eligible for registration
with an animal pedigree organization shall provide the retail purchaser, within 90 days of final
payment, the documents necessary for registration. If these documents are not received from the
pet dealer, the purchaser may retain the animal and receive a refund of 50 percent of the purchase
price, or return the animal, along with all documentation previously provided, and receive a full
refund. The pet dealer shall not be responsible for delays in registration which are the result of
persons other than the pet dealer.
    Subd. 4. Health. No animal may be offered for sale by a broker or pet dealer to a retail
purchaser until the animal has been examined by a veterinarian. The veterinarian used by the
broker shall not be the same veterinarian used by the pet dealer. If the pet dealer is not the breeder
of the animal, each animal shall be examined within two days after receipt of the animal by a pet
dealer and within four days of delivery of the animal to the purchaser by the pet dealer. The cost
of the examination shall be paid by the pet dealer.
    Subd. 5. Responsibilities of purchaser. To obtain the remedies provided in subdivision 6,
the purchaser shall with respect to an animal with a health problem:
(a) Notify the pet dealer, within two business days, of the diagnosis by a veterinarian of a
health problem and provide the pet dealer with the name and telephone number of the veterinarian
and a copy of the veterinarian's report on the animal.
(b) If the purchaser wishes to receive a full refund for the animal, return the animal no
later than two business days after receipt of a written statement from a veterinarian indicating
the animal is unfit due to a health problem.
With respect to a dead animal the purchaser must provide the pet dealer a written statement
from a veterinarian, indicating the animal died from a health problem which existed on or before
the receipt of the animal by the purchaser.
    Subd. 6. Rights of the purchaser. If, within ten days after receipt of the animal by the
purchaser, a veterinarian states, in writing, that the animal has a health problem which existed
in the animal at the time of delivery, or if within one year after receipt of the animal by the
purchaser, a veterinarian states, in writing, that the animal has died or is ill due to a hereditary
or congenital defect, or is not of the breed type represented, the animal shall be considered to
have been unfit for sale at the time of sale.
In the event an animal dies due to a health problem which existed in the animal at the
time of delivery to the purchaser, the pet dealer shall provide the purchaser with one of the
following remedies selected by the purchaser: receive an animal, of equal value, if available, and
reimbursement for reasonable veterinary fees, such reimbursements not to exceed the original
purchase price of the animal; or receive a refund of the full purchase price.
In the event of a health problem, which existed at the time of delivery to the purchaser,
the pet dealer shall provide the purchaser with one of the following remedies selected by the
purchaser: return the animal to the pet dealer for a refund of the full purchase price; exchange the
animal for an animal of the purchaser's choice of equivalent value, providing a replacement is
available; or retain the animal, and receive reimbursement for reasonable veterinary fees, such
reimbursements not to exceed the original purchase price of the animal.
The price of veterinary service shall be deemed reasonable if the service is appropriate for
the diagnosis and treatment of the health problem and the price of the service is comparable to
that of similar service rendered by other veterinarians in proximity to the treating veterinarian.
    Subd. 7. Rights of pet dealer. No refund, replacement, or reimbursement of veterinary fees
shall be required if any one or more of the following conditions exist:
(a) The health problem or death resulted from maltreatment, neglect, or a disease contracted
while in the possession of the purchaser, or from an injury sustained subsequent to receipt of
the animal by the purchaser.
(b) A veterinarian's statement was provided to the purchaser pursuant to subdivision 1,
paragraph (b), which disclosed the health problem for which the purchaser seeks to return the
animal.
(c) The purchaser fails to carry out recommended treatment prescribed by the examining
veterinarian, pursuant to subdivision 1, paragraph (b).
    Subd. 8. Contest. (a) In the event that a pet dealer wishes to contest a demand for the relief
specified in subdivision 3 or 6, the pet dealer may require the purchaser to produce the animal for
examination or autopsy by a veterinarian designated by the pet dealer. The pet dealer shall pay
the cost of this examination or autopsy. The pet dealer shall have a right of recovery against the
purchaser if the pet dealer is not obligated to provide a remedy under subdivision 6.
(b) If the pet dealer does not provide the relief selected by the purchaser set forth in
subdivision 3 or 6, the purchaser may initiate a court action.
(c) The prevailing party in the court action shall have the right to recover costs and
reasonable attorney fees not to exceed $500.
    Subd. 9. Posted notice. Every pet dealer shall post in a prominent location of the facility, a
notice, in 48-point boldface type, containing the following language:
"Information on all dogs and cats is available. You are entitled to a statement of consumer
rights. Make sure you receive this statement at the time of purchase."
    Subd. 10. Statement of consumer rights. Every pet dealer shall provide the retail purchaser
a written notice of rights, which shall be signed by the purchaser, acknowledging that the
purchaser has reviewed the notice, and signed by the pet dealer certifying the accuracy of the
information contained in it. A signed copy shall be retained by the pet dealer and one given to the
purchaser. The notice shall be in 16-point boldface type and shall state as follows:

"A STATEMENT OF MINNESOTA LAW GOVERNING

THE SALE OF DOGS AND CATS
The sale of dogs and cats is subject to consumer protection regulations. Minnesota law
also provides safeguards to protect pet dealers and animal purchasers. Attached is a copy
of Minnesota Statutes, section 325F.79. Contained within this law is a statement of your
consumer rights."
The statement of consumer rights shall also contain or have attached the disclosures required
under subdivision 1.
    Subd. 11. Limitation. Nothing in this subdivision shall limit the rights or remedies which are
otherwise available to a purchaser under any other law. Any agreement or contract by a purchaser
to waive any rights under this chapter shall be null and void and shall be unenforceable.
History: 1992 c 585 s 2