SENATE, No. 224

By Ms. Resor, a petition (accompanied by bill, Senate, No. 224) of Pamela P. Resor for legislation relating to warranty periods for sales of cats and dogs. Consumer Protection and Professional Licensure.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relating to warranty periods for sales of cats and dogs

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 138A of Chapter 140 of the General Laws is hereby amended by inserting after line 29 the following:

Commercial establishments or pet shops shall provide either: a) coverage of veterinarian costs to treat the dog or cat in an amount up to but not exceeding $2,000; or b) provide a substitution or full refund of the purchase price of any dog or cat to any purchaser of a dog or cat who: a) within 14 days of sale a purchaser has the dog or cat examined by a licensed veterinarian of his or her choice, and the examination indicates the dog or cat is diseased or has a congenital disorder, and b) presents the dog or cat, a veterinarian’s written statement that the dog or cat is diseased or has a congenital disorder, and proof of sale within two business days of the date of the examination. The purchaser shall have the choice of which option he or she prefers. The purchaser shall notify the originating pet shop prior to incurring any additional veterinarian charges required after the initial examination.

SECTION 2

Section 141B of Chapter 140 of the General laws is hereby amended by replacing the section in its entirety with the following:

Section 141B. Sections one hundred and thirty seven to one hundred and 138, inclusive, and sections one hundred thirty-nine through one hundred forty-one, inclusive, shall not apply to any pet shop the owner of which is licensed under the provisions of section thirty-nine A of chapter one hundred and twenty-nine.