Florida's pet lemon law requires pre-sale vaccination of pets
Pet lemon laws are consumer protection laws that provide legal recourse to pet buyers in the event their pet is diagnosed with a contagious, congenital or hereditary condition. As of June 2009, pet lemon laws had been passed in 20 states, according to the American Veterinary Medical Association. Florida's pet lemon law covers both dogs and cats, and applies to pets born in the state and to those transported into the state for sale.
Affected Sellers
Anyone who sells the greater of 20 dogs or cats, or three or more litters, per year is subject to the Florida pet lemon law. Animal control agencies and humane organizations that are registered non-profits are exempt. Puppies and kittens must be at least eight weeks of age before being offered for sale in Florida.
Health Certification
All animals offered for sale in Florida must be accompanied by a health examination certificate, dated within 30 days of the sale and signed by a licensed veterinarian. The certificate must include the name and address of the seller and purchaser, identifying information about the pet, and a detailed listing of all vaccinations and worming medications given to the pet. The examination must include a fecal test, a feline leukemia test for cats, and a heartworm test for dogs over six months of age.
Vaccinations and Worming
Every dog sold in Florida must be vaccinated for distemper, parvovirus, leptospirosis, bordatella, hepatitis, parainfluenza, and rabies if the dog is over three months of age. Cats are required to be vaccinated for feline viral rhinotracheitis, calici virus, feline leukemia, and rabies if over three months of age. Both dogs and cats must be treated for roundworms and hookworms. These vaccinations and medications must be given within 21 days of sale for pets under four months of age, or after three months of age, but within one year of sale for pets four months or older.
Warranty and Remedies
Florida law provides recourse to the buyer if a licensed veterinarian finds the pet unfit for purchase within 14 days after the sale, due to contagious or infectious disease or internal or external parasites, or within one year from the date of sale due to congenital or hereditary disorders or misrepresentation of the pet's breed, sex or health. The buyer has three options for recourse: keep the pet and receive a refund of veterinary expenses to treat the problem, up to the purchase price; return the pet and receive a refund of the purchase price plus related veterinary fees; or return the pet and receive a replacement of equal value plus related veterinary fees.
Exceptions
A buyer may sign a waiver relinquishing his rights to recourse due to a congenital or hereditary disorder. In that case, the buyer has 48 business hours to have the pet examined by a licensed veterinarian. If the veterinarian finds the pet is unfit for sale due to a congenital or hereditary disorder, the buyer can return the dog for a refund plus the cost of the veterinary exam, or return the dog for a replacement plus the cost of the exam. Alternatively, the seller may disclose a congenital or hereditary disorder in writing at the time of sale, in which case the buyer has no future recourse for the listed disorder(s).
Tags: congenital hereditary, congenital hereditary disorder, dogs cats, Florida lemon, hereditary disorder, licensed veterinarian, three months