Relating to dogs.
 
 
 
     75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1765
 
                         House Bill 2470
 
Sponsored by Representatives HOLVEY, GELSER, Senators COURTNEY,
  WALKER; Representatives BUCKLEY, COWAN, GALIZIO, GARRARD,
  MATTHEWS, SCHAUFLER, WITT, Senator PROZANSKI
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits owning, possessing, controlling or having charge of
more than 25 sexually intact dogs aged four months or older.
Imposes conditions for owning, possessing, controlling or having
charge of 10 or more sexually intact dogs aged four months or
older. Creates exceptions. Makes violation subject to maximum
penalty of six months' imprisonment, $2,500 fine, or both.
  Imposes requirements and prohibitions on pet dealers selling,
bartering or exchanging dogs. Provides customers of pet dealers
with specific remedies if dogs have diseases, illnesses, adverse
conditions or adverse congenital or hereditary defects.
 
                        A BILL FOR AN ACT
Relating to dogs.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Dog' means a member of the species Canis familiaris.
  (b)(A) 'Retail pet store' means a retail establishment open to
the public that sells, or offers to sell dogs.
  (B) 'Retail pet store' does not mean a person that sells or
offers to sell only dogs:
  (i) That were bred or raised by the person; or
  (ii) Are kept primarily for the purpose of reproduction.
  (2) A person may not possess, control or otherwise have charge
of at the same time more than 25 sexually intact dogs that are
four months of age or older.
  (3) A person that owns, possesses, controls or otherwise has
charge of at the same time 10 or more sexually intact dogs that
are four months of age or older shall, in addition to providing
minimum care as defined in ORS 167.310:
  (a) Provide each dog with sufficient space to turn about
freely, stand and sit and to lie down without the head, face,
tail, legs or feet of the dog touching the sides of the enclosure
or touching any other dog.
  (b) Provide each dog with an enclosure that is six inches
higher than the head of the tallest dog in that enclosure when
the tallest dog is in a normal standing position.
  (c) Provide each dog that is four months of age or older with
at least two daily exercise periods totaling two or more hours in
length, except as provided in subsection (4) of this section.
  (4) For purposes of subsection (3)(c) of this section, an
exercise period must include the removal of the dog from the
enclosure and allowing the dog to walk during the entire period.
The use of a treadmill or other device does not constitute
allowing the dog to walk unless the use of the treadmill was
prescribed for that dog by a veterinarian. Subsection (3)(c) of
this section does not apply to a dog that has been certified by a
veterinarian as being medically precluded from exercise.
  (5) This section does not apply to:
  (a) An animal control agency, humane society or animal shelter;
  (b) A veterinary facility;
  (c) A retail pet store; or
  (d) A research facility.
  (6) A violation of subsection (2) or (3) of this section is a
Class B misdemeanor. + }
  SECTION 2.  { + As used in sections 2 to 12 of this 2009 Act:
  (1) 'Customer' means a person who acquires a dog directly from
a pet dealer through purchase, barter or exchange.
  (2) 'Dog' means a member of the species Canis familiaris.
  (3)(a) 'Pet dealer' means a person that during a 12-month
period sells, offers for sale, barters or exchanges more than the
greater of:
  (A) Twenty dogs; or
  (B) Three litters of dogs.
  (b) 'Pet dealer' does not mean an animal control agency, humane
society or animal shelter.
  (4) 'Purchase price' means the total of any moneys paid, and
the fair market value of any goods or services given, by a
customer to acquire a dog from a pet dealer. + }
  SECTION 3.  { + (1) A pet dealer may not sell, barter or
exchange a dog unless the dog has been examined by a veterinarian
within the preceding 30 days.
  (2) A pet dealer may not sell, barter or exchange a dog that:
  (a) Displays any clinical sign of infectious, contagious,
parasitic or communicable disease; or
  (b) Has any disease, illness or condition or congenital or
hereditary defect that requires hospitalization or nonelective
surgical procedures. + }
  SECTION 4.  { + A pet dealer shall deliver, at the time of the
sale, barter or exchange of a dog, to the customer a written
statement containing the following information:
  (1) The date of birth for the dog, if known.
  (2)(a) The name and address of the breeder, if known; or
  (b) If the name and address of the breeder are unknown, the
name and address of the person from whom the pet dealer received
the dog.
  (3) If the dog was not bred by the pet dealer, the date the pet
dealer received the dog.
  (4) The breed, sex and color of the dog and any distinguishing
or identifying marks existing at the time of the sale, barter or
exchange. If the breed of the dog is mixed or unknown, the
information shall so state. If the dog is from a source licensed
by the United States Department of Agriculture, the statement
shall contain the identifying tag, tattoo or color number for
that dog and the name and license number of the licensed source.
  (5) If the pet dealer is representing that the dog is qualified
for registration, the names and registration numbers of the
parents and the litter number for the dog.
  (6) A record of any inoculations and worming treatments
administered to the dog, if known. The information shall include
the dates of administration and the types of inoculation and
worming treatments.
  (7) A record of any diagnosis of the dog by a veterinarian.
  (8) A record of any medical treatment or medication
administered to the dog by a veterinarian or by the pet dealer.
 
  (9) A statement signed by the pet dealer and the customer at
the time of the sale, barter or exchange that:
  (a) Represents the dog has no known disease, illness or adverse
condition;
  (b) Represents the dog has no known congenital or hereditary
defects that adversely affect the health of the dog or that are
likely to have a future adverse effect on the health of the dog;
or
  (c) Discloses any known disease, illness, adverse condition or
adverse congenital or hereditary defect of the dog. + }
  SECTION 5.  { + (1) Subject to section 7 of this 2009 Act, a
customer who complies with section 6 of this 2009 Act is entitled
to a remedy under subsection (2) of this section if either of the
following occurs:
  (a) Within 30 days after the customer acquires the dog, a
veterinarian states in writing that the dog has, or that the dog
died as a result of, a disease, illness or condition adversely
affecting the health of the dog that existed in the dog before or
at the time the customer acquired the dog. For purposes of this
subsection, an intestinal or external parasite is not considered
to adversely affect the health of the dog unless the presence of
the parasite causes the dog to be clinically ill.
  (b) Within two years after the customer acquires the dog, a
veterinarian states in writing that the dog has, or that the dog
died as a result of, a congenital or hereditary defect adversely
affecting the health of the dog or requiring hospitalization or
nonelective surgical procedures.
  (2) A customer entitled to a remedy under this section may
elect from among the following remedies:
  (a) Returning the dog to the pet dealer for a full refund of
the purchase price and, subject to subsection (3) of this
section, reimbursement of any reasonable veterinary expenses
incurred to diagnose or treat the dog.
  (b) Exchanging the dog for another dog of equivalent value,
chosen by the customer from among the dogs being offered by the
pet dealer for sale, barter or exchange and, subject to
subsection (3) of this section, reimbursement of any reasonable
veterinary expenses incurred to diagnose or treat the returned
dog.
  (c) Retaining the dog and, subject to subsection (3) of this
section, receiving reimbursement of veterinary expenses incurred
to diagnose or treat the dog.
  (d) If the dog has died, receiving the refund and reimbursement
of expenses allowed for a returned dog under paragraph (a) of
this subsection or choosing another dog and receiving
reimbursement of expenses in the manner provided for an exchange
under paragraph (b) of this subsection. In addition, the customer
may obtain reimbursement for reasonable costs incurred in
burying, cremating or otherwise disposing of the dog. The
reimbursement of costs of burying, cremating or disposing of a
dog under this subsection may not exceed the purchase price of
the dog.
  (3)(a) The amount of incurred veterinary expenses that may be
claimed for reimbursement under subsection (2)(a) or (b) of this
section may not exceed the purchase price of the dog.
  (b) The amount of incurred veterinary expenses that may be
claimed for reimbursement under subsection (2)(c) of this section
is limited to 150 percent of the purchase price of the dog.
  (c) For purposes of subsection (2) of this section, veterinary
expenses are presumed reasonable if the services rendered are of
a type appropriate to diagnose or treat the disease, illness,
condition or defect and if the fees for the services rendered do
not exceed the reasonable and customary fees for similar services
by other veterinarians in the community. The burden to establish
that veterinary expenses incurred in the diagnosis and treatment
of a dog were unreasonable is on the pet dealer.
  (4) A pet dealer shall provide a customer who complies with
section 6 of this 2009 Act with the remedy elected by the
customer no later than 10 business days after the pet dealer
receives the veterinarian's written statement pursuant to section
6 of this 2009 Act. This subsection does not apply if the pet
dealer contests responsibility for a disease, illness or
condition or congenital or hereditary defect under section 8 of
this 2009 Act. + }
  SECTION 6.  { + To qualify for the remedies described in
section 5 of this 2009 Act, no later than 10 business days after
a veterinarian diagnoses a disease, illness, adverse condition or
congenital or hereditary defect for which remedy is sought, a
customer shall:
  (1) Provide the pet dealer with a notice of the disease,
illness, condition or defect that must include the name and
telephone number of the veterinarian providing the diagnosis.
  (2) Provide the pet dealer with a written statement from the
veterinarian who examined the dog that must include but is not
limited to:
  (a) The name and address of the customer who acquired the dog.
  (b) The date on which the veterinarian examined the dog.
  (c) The breed and age of the dog, if known.
  (d) The sex and color of the dog and any distinguishing or
identifying marks.
  (e) An affirmation by the veterinarian that the veterinarian
has examined the dog and that the dog:
  (A) Is clinically ill from or has symptoms of an infectious,
contagious, parasitic or communicable disease, or an illness,
that existed before or at the time the customer acquired the dog;
  (B) Is suffering from a condition that adversely affects the
health of the dog, or that is likely to have a future adverse
effect on the health of the dog, and that existed before or at
the time the customer acquired the dog; or
  (C) Has a congenital or hereditary defect that adversely
affects the health of the dog or that is likely to have a future
adverse effect on the health of the dog.
  (f) Copies of the laboratory reports, test results and other
clinical information regarding the condition of the dog.
  (g) A copy of an itemized bill showing the veterinary expenses
incurred by the customer for the diagnosis and treatment of the
dog. + }
  SECTION 7.  { + The remedies described in section 5 of this
2009 Act are not available if:
  (1) The clinical illness or death of a dog resulted from
maltreatment or neglect by the customer or resulted from a
disease contracted after the customer acquired the dog.
  (2) The customer failed to perform treatment prescribed by a
veterinarian who diagnosed the disease, illness, condition or
defect. This subsection does not apply if the total veterinary
expenses for the diagnosis and treatment of the dog would exceed
the purchase price of the dog.
  (3) The pet dealer disclosed the disease, illness, condition or
defect in writing pursuant to section 4 of this 2009 Act at the
time the customer acquired the dog.
  (4) The customer fails to return to the pet dealer all
documents provided to the customer for the purpose of registering
a dog that the customer is returning to the pet dealer. + }
  SECTION 8.  { + (1) If a pet dealer contests responsibility for
a disease, illness or condition or congenital or hereditary
defect, and the dog is alive, the pet dealer may choose a
veterinarian and have the dog examined. The pet dealer is
responsible for the cost of the examination. The pet dealer shall
provide the customer with a written statement of findings from
the pet dealer's veterinarian.
  (2) A customer may bring an action in a court of law to obtain
the remedies described in section 5 of this 2009 Act or the
parties may by mutual consent submit the dispute to binding
arbitration if:
  (a) The customer receives a statement of findings from the pet
dealer's veterinarian under subsection (1) of this section and
the customer and the pet dealer are unable to resolve the dispute
on or before 10 business days after the customer receives the
statement of findings; or
  (b) The pet dealer fails to choose a veterinarian and have the
dog examined on or before 10 business days after the customer
delivers to the pet dealer pursuant to section 6 of this 2009 Act
a written statement from the customer's veterinarian who examined
the dog.
  (3) A court shall award reasonable attorney fees and costs to a
customer who prevails in an action brought to enforce remedies
described in section 5 of this 2009 Act. + }
  SECTION 9.  { + (1) A pet dealer may not state, promise or
represent to a customer that a dog is registered or capable of
being registered unless the pet dealer provides the customer with
proof of registration or the documents necessary for registration
no later than 60 days after the customer acquires the dog.
  (2) If a pet dealer fails to comply with subsection (1) of this
section, or if the pet dealer materially misstates the breed of a
dog, the customer may send the pet dealer a written notice of the
noncompliance or misstatement and:
  (a) Retain the dog and receive a refund of 75 percent of the
purchase price; or
  (b) Return the dog, along with all documentation previously
provided to the customer by the pet dealer, and obtain a refund
of the purchase price.
  (3) A court shall award reasonable attorney fees and costs to a
customer who prevails in an action brought to enforce remedies
described in this section. + }
  SECTION 10.  { + A pet dealer shall maintain a written record
of the health, status and disposition of each dog the pet dealer
sells, barters or exchanges. The pet dealer shall maintain the
record for at least 12 months following the sale, barter or
exchange of a dog. The record shall include:
  (1) All information the pet dealer is required to disclose to a
customer under section 4 of this 2009 Act;
  (2) Any complaints the pet dealer receives from a customer
regarding the health of a dog; and
  (3) Information regarding the return of any dog to the pet
dealer, including the reason for the return. + }
  SECTION 11.  { + (1) A pet dealer shall post at the place where
the pet dealer conducts the sale, barter or exchange of dogs a
notice stating that customers of a pet dealer have specific legal
rights and that a statement of those specific rights is available
upon request. The notice shall be in substantially the following
form: + }
 
________________________________________________________________
 
   { +  Purchasers of dogs from this business have specific
rights under the law. Purchasers must be provided with a written
copy of those rights at the time of sale. Any person may receive
a copy of those rights from this business upon request. + }
 
________________________________________________________________
 
   { +  (2) At the time that a customer acquires a dog, the pet
dealer shall provide the customer with a written notice stating
the rights and responsibilities of the customer under sections 2
to 12 of this 2009 Act. The pet dealer and the customer shall
sign the written notice.
  (3) If a pet dealer sells, barters or exchanges a dog with the
representation that the dog qualifies to be registered, the pet
dealer shall provide the customer with a written notice to be
 
signed by the pet dealer and the customer. The notice shall be in
substantially the following form: + }
 
________________________________________________________________
 
   { +  A pedigree or registration does not ensure proper
breeding, condition, health, quality or claims to lineage. + }
 
________________________________________________________________
 
  SECTION 12.  { + The rights granted to customers under sections
2 to 12 of this 2009 Act are in addition to, and not in lieu of,
any other common law or statutory rights or remedies. Any
agreement by a customer to waive rights or remedies granted the
customer under sections 2 to 12 of this 2009 Act is void as
contrary to public policy. Sections 2 to 12 of this 2009 Act do
not prevent a pet dealer and a customer from agreeing to
additional remedies or rights that are not inconsistent with
sections 2 to 12 of this 2009 Act. + }
  SECTION 13.  { + Sections 2 to 12 of this 2009 Act apply to
dogs that customers acquire from pet dealers on or after the
effective date of this 2009 Act. + }
                         ----------