This bill amends section 19-20-26 of the Code of West Virginia, 1931, and introduces a new section, 19-20-27, to establish minimum care standards for commercial dog breeders. Key provisions include defining "clinically ill" dogs, requiring breeders to obtain annual permits, and mandating written disclosures about the health and history of the dogs to purchasers. The bill also increases maximum fees for breeding permits and emphasizes humane treatment and adequate living conditions for the dogs. A dog is deemed unfit for sale if it becomes ill within 15 days of purchase or has a congenital condition affecting its health within one year, providing remedies such as refunds or exchanges for purchasers under certain conditions.

Furthermore, the bill allows the prevailing party in disputes to claim reasonable attorney's fees if the opposing party is found to have acted in bad faith. It clarifies that the rights or remedies available to consumers under other laws are not limited and that breeders and purchasers can mutually agree on terms that comply with the bill's provisions. Importantly, any agreement by a purchaser to waive rights provided in this section will be considered void and unenforceable, reinforcing consumer protections in the context of dog breeding.

Statutes affected:
Introduced Version: 19-20-26, 19-20-27