Current through Register 1531, September 27, 2024
(1) No Licensee may
Sell or Offer for Sale any Animal which tests positive for or shows signs of
any of the following conditions:
(a) Viral,
bacterial, fungal, or parasitic infections, or any contagious disease
including, but not limited to, distemper, hepatitis, leptospirosis, kennel
cough, coccidiosis, giardiasis,parvo virus, or
rabies;
(b) Nutritional diseases
including, but not limited to, rickets, emaciation, and
hypo-vitaminosis;
(c) Evidence of
parasitism, which is impacting the general health of the Animal;
(d) Fractures, lameness, or congenital
abnormalities affecting the general health of the Animal; or
(e) Metabolic disease including, but not
limited to, kidney disease and diabetes.
(2) No Licensee may Sell or Offer for Sale a
reptile without posting its Taxonomic Derivation.
(3) No Class A Licensee may:
(a) Sell or Offer for Sale any dog younger
than six months old without posting, in a place readily visible to the public
where dogs are Offered for Sale, a sign which states the following in black
lettering not less than 38-point size upon a white background: "THE FOLLOWING
INFORMATION IS ALWAYS AVAILABLE ON ALL OF OUR PUPPIES: THE PUPPY'S DATE OF
BIRTH, CITY/TOWN AND STATE OF BIRTH, THE DATE [name of pet shop or 'THIS PET
SHOP'] RECEP/ED THE PUPPY, THE PUPPY'S COMPLETE VACCINATION, WORMING,
MEDICATION, AND TREATMENT RECORDS, AND THE PUPPY'S 14-DAY WARRANTY. THIS
INFORMATION IS AVALIABLE UPON REQUEST AND WILL BE PROVIDED TO PURCHASER AT THE
TIME OF SALE.";
(b) Acquire, Sell,
or Offer for Sale a dog or cat younger than eight weeks old;
(c) Acquire, Sell, or Offer for Sale a kitten
unless the source of the kittens is known and there is valid documentation that
the dam of the kitten is currently vaccinated for rabies and the vaccination
was administered at least 30 days prior to the birth of the kitten;
or
(d) Sell or Offer for Sale a dog
or cat:
1. Unless the Licensee is in
possession of a Health Certificate issued by a Veterinarian dated not more than
seven calendar days previous to the Sale or Offer for Sale and possesses the
Animal's complete Individual Animal Record, in accordance with
330 CMR
12.09(2);
2. Which has been returned to the Licensee
due to its failure to pass a veterinary examination after its Sale, unless the
Animal is placed back in Isolation and is subsequently examined by a
Veterinarian, in accordance with
330 CMR
12.07;
3. Which is under a quarantine order, issued
under the authority of M.G.L. c. 129, §§ 11, 21 and 22; or
4. Which is currently receiving medication or
showing clinical signs of disease.
(4) A Licensee shall provide to each customer
at the time of Sale of a dog, cat, or bird a copy of such animal's Individual
Animal Record, maintained by the Licensee as required pursuant to
330 CMR
12.09(2). In addition, each
Class A Licensee shall give to the customer at the time of Sale of a dog or cat
a notice of the 14-day warranty as provided for in 330 CMR 12.05(5). Each
customer shall sign a statement acknowledging receipt of these materials, to be
kept as part of the animal's Individual Animal Record maintained by the
Licensee.
(5) Each Class A Licensee
shall provide a full refund of the purchase price of a dog or cat, or if the
Licensee and the customer both consent, a substitution Animal, to any customer
who:
(a) Within 14 calendar days of the Sale,
has the dog or cat examined by a Veterinarian of the customer's choice, and the
examination indicates the dog or cat is diseased or has a congenital disorder;
and
(b) Presents the dog or cat to
the Licensee within three days of the date of the examination, with a
Veterinarian's written statement that the dog or cat is diseased or has a
congenital disorder, and proof of Sale.
(c) Should a dog or cat die while under
veterinary care, the customer may present the statement in 330 CMR 12.05(5)(b)
from the Veterinarian attending the dog or cat documenting the circumstances of
the death in
lieu of returning the body.
All refunds shall be provided promptly upon provision of the
written statement as described in 330 CMR 12.05(5)(b) and (c). Any euthanasia
decisions made following any such refund shall be made in consultation with the
Pet Shop.
(6)
Notwithstanding 330 CMR 12.05(1), a Licensee may give away without compensation
an Animal affected with a medical condition that is neither infectious or
contagious, such as nutritional or metabolic disease, fracture, lameness, or
congenital abnormalities, provided that the Animal is treated and stabilized by
a Veterinarian prior to Placement. The Licensee shall also:
(a) Provide the customer with a Disclosure
Statement describing the Animal's medical condition, including, but not limited
to, a licensed veterinarian's estimate of the cost to treat or maintain the
Animal with said condition; and
(b)
Obtain a signed statement from the customer stating the customer has received a
copy of the Disclosure Statement and is aware of the Animal's non-infectious,
non-contagious, medical condition and that the customer accepts responsibility
to provide the proper medical care for the Animal.
