February 14, 2008, Introduced by Reps. Bieda, Moss, Condino, Ebli, Pastor, Wojno, Meisner, Rocca, Kathleen Law, Corriveau, Hansen, Schuitmaker, Meadows and Vagnozzi and referred to the Committee on Regulatory Reform.
A bill to amend 1969 PA 287, entitled
"An act to regulate pet shops, animal control shelters, and animal
protection shelters; to establish uniform procedures and minimum
requirements for adoption of dogs, cats, and ferrets; and to
prescribe penalties and civil fines and to provide remedies,"
by amending the title and section 1 (MCL 287.331), as amended by
1997 PA 7, and by adding section 5b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate pet shops, animal control shelters, and
animal protection shelters; to establish uniform procedures and
minimum requirements for adoption of dogs, cats, and ferrets; to
regulate the sale of dogs and cats by certain persons; to provide
certain protections for purchasers of dogs and cats; and to
prescribe penalties and civil fines and to provide remedies.
Sec. 1. As used in this act:
(a) "Adoption" means a transfer of ownership, with or without
remuneration, of a dog, cat, or ferret from an animal control
shelter or animal protection shelter to an individual for the
purpose of being a companion animal for that individual. As used in
this subdivision, a companion animal includes but is not limited to
a dog that is used for hunting or as a guard dog.
(b) "Alteration" means a professional sterilization procedure
performed by a veterinarian that renders a dog, cat, or ferret
incapable of reproducing.
(c) "Altered", in reference to a dog, cat, or ferret, means
having undergone alteration.
(d) "Animal" means a mammal except livestock as defined in
1937 PA 284, MCL 287.121 to 287.131, and rodents.
(e) "Animal control shelter" means a facility operated by a
municipality for the impoundment and care of animals that are found
in the streets or at large, animals that are otherwise held due to
the violation of a municipal ordinance or state law, or animals
that are surrendered to the animal control shelter.
(f) "Animal protection shelter" means a facility operated by a
person, humane society, society for the prevention of cruelty to
animals, or any other nonprofit organization for the care of
homeless animals.
(g) "Breeder" means a person who breeds or raises dogs or cats
for sale to the public.
(h) (g)
"Cat" means a domestic
cat of any age of the species
felis catus.
(i) (h)
"Department" means the
state department of
agriculture.
(j) (i)
"Director" means the
director of the department or his
or her authorized representative.
(k) (j)
"Dog" means a domestic
dog of any age of the species
canis familiaris.
(l) (k)
"Ferret" means an animal
of any age of the species
mustela furo.
(m) (l) "Health
certificate" means a certificate in a form
prescribed by the department in which a veterinarian attests to the
age, sex, breed, and description of an animal, and to the fact that
at the time of preparation of the certificate, the veterinarian
examined the animal and found the animal free from visual evidence
of communicable disease.
(n) (m)
"Municipality" means a
county, city, village, or
township.
(o) (n)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(p) "Pet dealer" means a person who for compensation buys or
sells dogs or cats. Pet dealer does not include an animal
protection shelter.
(q) (o)
"Pet shop" means a place
where animals are sold or
offered for sale, exchange, or transfer.
(r) (p)
"Veterinarian" means a
person licensed to practice
veterinary medicine under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 5b. (1) This section applies to all of the following who
sell dogs or cats:
(a) Pet shops.
(b) Pet dealers.
(c) Breeders.
(d) A person who engages in the sale of dogs or cats to the
public for profit.
(e) A person who sells more than 1 litter or 2 dogs or cats
over 6 months of age per year.
(2) A dog or cat is considered to have been unfit for sale at
the time of the purchase if any of the following occur:
(a) Within 30 days after a purchaser receives the dog or cat
from a person or entity described in subsection (1), a veterinarian
states, in writing, that the dog or cat has the presence of
symptoms of a contagious or infectious disease or illness that
existed in the dog or cat at the time of purchase.
(b) Within 90 days after a purchaser receives the dog or cat
from a person or entity described in subsection (1), a veterinarian
states, in writing, that the dog or cat died or is ill due to a
hereditary or congenital defect.
(3) If a dog or cat is considered to have been unfit for sale
at the time of purchase as described in subsection (2), the person
or entity described in subsection (1) that sold the dog or cat
shall provide the purchaser of the dog or cat with the right to do
any of the following:
(a) Return the dog or cat for a refund of the full purchase
price.
(b) If a replacement dog or cat is available, exchange the dog
or cat for another dog or cat of the purchaser's choice that is of
equal value.
(c) Retain the dog or cat and receive reimbursement for
reasonable veterinary fees. The reimbursement of reasonable
veterinary fees shall not exceed the original purchase price of the
dog or cat.
(d) If the dog or cat dies, receive another dog or cat of
equal value, if available, and receive reimbursement for reasonable
veterinary fees. The reimbursement of reasonable veterinary fees
shall not exceed the original purchase price of the dog or cat.
(e) If the dog or cat dies, receive a refund of the full
purchase price.
(4) Nothing in this section limits the rights or remedies that
are otherwise available to the purchaser of a dog or cat under any
other law.