General Assembly Raised Bill No. 5475
February Session, 2020 LCO No. 2627
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING MUNICIPAL RESTRICTIONS ON PET SHOPS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 22-344b of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective July 1, 2020):
3 (a) A pet shop licensee shall, prior to offering a dog or cat for sale and
4 thereafter at intervals of fifteen days until such dog or cat is sold,
5 provide for examination of such dog or cat by a veterinarian licensed
6 under chapter 384. Such licensee shall maintain a record of the
7 veterinary services rendered for each dog or cat offered for sale.
8 (b) (1) If, (A) within twenty days of sale, any such dog or cat becomes
9 ill or dies of any illness which existed in such dog or cat at the time of
10 the sale, or (B) within six months of sale, any such dog or cat is
11 diagnosed with a congenital defect that adversely affects or will
12 adversely affect the health of such dog or cat, such licensee shall: (i)
13 Reimburse such consumer for the value of the actual services and
14 medications provided to such dog or cat by any veterinarian licensed
15 pursuant to chapter 384 for the treatment of such illness or congenital
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16 defect upon the presentation by such consumer to such licensee of a
17 certificate from such veterinarian that such dog or cat suffers or suffered
18 from such illness or congenital defect, provided such reimbursement
19 shall not exceed (I) the full purchase price of such dog or cat for any dog
20 or cat purchased for five hundred dollars or more, and (II) five hundred
21 dollars for any dog or cat purchased for less than five hundred dollars.
22 No licensee may require the consumer to return such dog or cat to such
23 licensee to receive such reimbursement, or (ii) at the option of such
24 consumer, replace the dog or cat or refund in full the purchase price of
25 such dog or cat: (I) In the case of illness or such congenital defect, upon
26 return of the dog or cat to the pet shop and the receipt of a certificate
27 from a veterinarian licensed under chapter 384 and selected by the
28 consumer, stating that the dog or cat is ill from a condition which existed
29 at the time of sale, or suffers from such congenital defect, and (II) in the
30 case of death, the receipt of a certificate from a veterinarian licensed
31 under chapter 384 and selected by the consumer, stating that the dog or
32 cat died from an illness or a congenital defect which existed at the time
33 of sale. The presentation of such certificate shall be sufficient proof to
34 claim reimbursement or replacement and the return of such deceased
35 dog or cat to the pet shop shall not be required. Any such consumer may
36 seek the assistance of the Commissioner of Agriculture in the event that
37 the licensee fails to reimburse such consumer in accordance with the
38 provisions of this subsection. No such refund or replacement shall be
39 made if such illness or death resulted from maltreatment or neglect by
40 a person other than the licensee or such licensee's agent or employee. A
41 licensee shall not be subject to the obligations imposed by this
42 subsection for the sale of a cat where such cat has been spayed or
43 neutered prior to its sale.
44 (2) Each pet shop licensee who sells dogs or cats shall post a statement
45 of customer rights pursuant to this section in a location that is readily
46 visible to the public and also provide a copy of such statement to any
47 purchaser of a dog or cat at the time of purchase. The commissioner shall
48 prescribe the content of such statement. Any statement of customer
49 rights posted pursuant to this section shall be printed in black lettering
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50 of not less than twenty point size upon a white background. Any
51 licensee who violates the provisions of this subdivision shall be fined
52 two hundred fifty dollars.
53 (c) Any licensee who violates any provision of subsection (a) or
54 subdivision (1) of subsection (b) of this section shall be fined not more
55 than five hundred dollars. Any fine assessed pursuant to this subsection
56 for a failure to reimburse a consumer, as described in subsection (b) of
57 this section, shall not preclude or be in lieu of any such reimbursement
58 (d) Nothing in this section shall be construed to prohibit a
59 municipality from enacting or enforcing an ordinance that places
60 additional obligations or restrictions on pet shops pursuant to
61 subparagraph (D) of subdivision (7) of subsection (c) of section 7-148.
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 22-344b
Statement of Purpose:
To clarify that a municipality may enact or enforce an ordinance to place
certain obligations or restrictions on pet shops.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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Statutes affected:
Raised Bill: 22-344b