NJ PUPPY LEMON LAW AND PET PURCHASERS' RIGHTS

    Did you buy a sick puppy or kitten from a NJ pet shop or breeder or Internet seller?

    Have you spent hundreds - or even thousands - of dollars to treat your sick pet?

    Does your new pet have an ongoing medical condition requiring medication or surgery?

    Does your new pet have severe behavioral problems?

    Do the "registration papers" and/or breeder information seem questionable?

Consumers have legal rights under the New Jersey Pet Purchase Protection Act and if any of the above applies to you, you may be entitled to reimbursement!

KEY POINTS

We cannot reiterate enough a few key points all potential or actual puppy purchasers should and must know about consumer rights under NJ law.

If your puppy becomes sick, you have the RIGHT to KEEP your puppy.

If your puppy is sick or dies within 2 weeks after purchase, AND you obtain a certificate of unfitness from your veterinarian, AND you return the certification to the store within FIVE days of receiving it, the store has to reimburse you for the vet bills not to exceed double the purchase price.   Note: if the purchase price is as little as, say, $250, and your vet bills are $1,000 or more, you are only entitled to reimbursement of $500. Your only other option is to sue the pet store owner in court.

Pet shop owners CANNOT direct you to THEIR supervising veterinarian unless they provide you with the names of at least THREE veterinarians.  To do otherwise is a direct conflict of interest and you may never get your certification of unfitness for the sick puppy. Don’t fall for the “free” first visit or lifetime vaccinations and wormings from the store vet. This is a come-on and if it sounds too good to be true, it IS!

Fight back if the breeder or pet shop owner blame YOU for your puppy’s illnesses. Buyers report they have been screamed at and told they are responsible for kennel cough, pneumonia, bloody diarrhea (a sign of severe intestinal parasites like Giardia or Coccidia). Don’t you believe it!

Pet shop owners MUST give you the NAME AND ADDRESS OF YOUR PUPPY’S BREEDER, no ifs, ands or buts. It doesn’t matter if the puppy is a mixed breed (those so-called designer breeds that are not registerable) or if the puppy comes from a federally exempt hobby breeder.

If you have questions or run into problems with any puppy seller, contact us for assistance and we will refer you to the proper agencies that have jurisdiction over the pet store, breeder, puppy broker (reseller) or so-called rescue.

What buyers MUST be given at the time of sale

Under the Division of Consumer Affairs Regulations(N.J.A.C. 13:34A-1, Subchapter 12, Sale of Animals)it shall be a deceptive practice for pet dealers to sell an animal within the State of New Jersey without an animal history and health certificate and without providing the consumer with a completed animal history and health certificate. The animal history and health certificate shall be signed by the pet dealer, his agent or employee, and shall contain the following information:

REMEMBER, YOU DO NOT HAVE TO RETURN YOUR DOG, EVER!  If your puppy was certified to be unfit for sale by a licensed veterinarian, you have the right to choose one of the following options:

1. Return your animal and receive a refund of the purchase price including sales tax; OR
2. Keep your animal and attempt to cure it; OR
3. Return your animal and receive an animal (of equivalent value) of your choice.

In the event that you choose to keep the animal, veterinary fees, including future fees, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer or the owner or operator of a pet shop.

NOTE: The Office of Consumer Protection recently (May 2010) updated the Notification of Consumer Rights forms to clarify the difference between pet shops and pet dealers. Currently, pet stores must reimburse consumers' veterinary expenses up to TWICE the purchase price whereas pet dealers (breeders and brokers) must reimburse up to the purchase price.

Open this link for the updated forms and definitions:http://www.njconsumeraffairs.gov/ocp/vetforms.pdf

Definition of a Pet Dealer: Any person engaged in the ordinary course of business in the sale of cats or dogs to the public for profit or any person who sells or offers for sale more than five cats or dogs in one year.

Definition of a Pet Shop: Any place of business, which is not part of a kennel, in which animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes. A “pet dealer” only engages in the sale of cats or dogs.

Veterinary fees, limited to the purchase price, including sales tax, must be paid by the pet dealer. PLEASE NOTE: if your animal was purchased from a “pet shop,” the veterinary fees reimbursement is twice the purchase price of the animal, including sales tax, related to the condition rendering your animal unfit for sale.

What animals are covered under the law?

Only dogs and cats are covered. Since the majority of animals purchased at pet shops are puppies, hereafter we will use the term ‘puppy’ when referring to a pet purchased at a pet shop or from a breeder.

Who is covered under the law?

The law protects consumers who purchase puppies from New Jersey pet shops or NJ pet 'dealers'.  A pet dealer is defined as any person engaged in the ordinary course of business in the sale of dogs or cats to the public for profit or any person who sells or offers for sale more than five dogs or cats in one year. Breeders and brokers fall under this category. (Definition under Chapter 336, the Pet Purchase Protection Act. C.56:8-93.)

How does it work?

If at any time within 14 days after the sale of an animal, your puppy becomes ill with a contagious disease and is certified as “unfit for purchase (or sale)” by a licensed veterinarian, you have several options for recourse. You must have a certificate of unfitness in order to be reimbursed by the pet seller. 

You have the right to one of the following options:

    (1) Return your puppy and receive a refund of the purchase price, including sales tax, plus reimbursement of veterinary fees (including the cost of the veterinarian certification), up to and including two times the purchase price, including sales tax, of your sick puppy.

    (2) Keep your puppy and receive reimbursement for veterinary fees incurred prior to the receipt of the certificate of unfitness, plus the future costs of veterinary fees to be incurred in curing or attempting to cure your puppy, including the cost of the veterinarian certification. Reimbursement for veterinarian's fees shall be up to and including two times the purchase price, including sales tax, of your sick puppy.

    (3) Return your puppy and receive in exchange, a puppy of your choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinary certification, incurred prior to your receipt of the veterinarian certification of unfitness. Reimbursement for veterinary fees shall be up to and including two times the purchase price, including sales tax, of your sick puppy.

In the event of the death of your puppy from causes other than an accident, you have the right to:

    (1) a full refund of the purchase price of the puppy, including sales tax, or

    (2) another puppy of your choice of equivalent value, plus reimbursement of veterinary fees, including the  cost of the veterinary certification, incurred prior to the death of your puppy.

If purchased from a pet shop, the reimbursement for veterinary fees shall be up to and including two times the purchase price, including sales tax, of your deceased puppy. If purchased from a pet dealer (breeder), reimbursement shall not exceed the purchase price, plus tax. 

What should I do after I purchase my puppy?

The most important thing to do is have your puppy examined by your veterinarian within the 14 day period after purchase. Many times puppies exhibit obvious signs of illness within the first 24-48 hours, while others may not show signs of an infection for almost two weeks.

What does “unfit for purchase” mean?

According to the PPPA, it means any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the puppy, or which was manifest (evident at time of sale) or likely contracted on or before the sale and delivery of the puppy to the consumer.
 
You have 14 days after the date of sale to take your puppy to your veterinarian (NOT one the store recommends) for a health check. Your puppy can be certified as unfit for sale for illnesses such as kennel cough, coccidian, giardia (intestinal parasites), mange, pneumonia, upper respiratory infections and more.

What about congenital or genetic defects?

You also have 180 days (6 months) for your puppy to be certified as unfit for sale due to a congenital or hereditary condition. Some of these conditions include hip dysplasia, retained testicles, luxating patellas (deformed or missing kneecaps), premature cataracts, cherry eye, mange, and more.

I was given an "unfit for sale"certificate for my sick puppy. What do I do next?

Notify the seller within five days of receiving it and submit copies of your bills and receipts to the pet shop or breeder. Also, call the local health department that has jurisdiction over the pet shop and report your vet’s findings. The health department maintains records of the number of sick and dying animals sold at pet shops and can revoke the pet store’s license based on the percentage of sick animals sold each year. (More detailed information is spelled out in the Act; see the LINKS below.)

NOTE: If the pet shop or pet dealer fails to inform you of your rights under the law, the 5-day time frame does not apply.
 

Actual Text of the Notification of Consumer Rights Form which MUST be given to puppy buyers in its entirety at the time of purchase! 

The sale of dogs and cats is subject to the regulations of the New Jersey Division of Consumer Affairs. In the event that your animal becomes sick or dies and a licensed veterinarian certifies your animal to be unfit for purchase due to a noncongenital condition within 14 days following delivery of your animal or within 180 days (six months) following delivery of your animal in the case of a congenital or hereditary cause or condition, you may:

1.  Return your animal and receive a refund of the purchase price including sales tax; OR
2.  Keep your animal and attempt to cure it;  OR
3.  Return your animal and receive an animal (of equivalent value) of your choice.

In the event that you choose to keep the animal, veterinary fees, including future fees, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer or the owner or operator of a pet shop.

In the event of your animal’s death within this 14-day period, except when death occurs by accident or as a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchase price, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to twice the purchase price, including sales tax, must be paid by the pet dealer or the owner or operator of a pet shop.

In order to exercise these rights, you must present to the pet dealer a written veterinary certification that the animal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of the certification. If you have received this Notification of Consumer Rights from the pet dealer, you must present the written veterinary certification and the veterinarian’s bill to the pet dealer no later than five days after you have received the certification of unfitness.
 
If you have not been given the Notification of Consumer Rights by the pet dealer, the five-day deadline does not apply. In the event that the pet dealer or the owner or operator of a pet shop wishes to contest the certification or the bill, he may request a hearing at the Division of Consumer Affairs by notifying the Director and the consumer in writing within five days. The pet dealer may require your dog or cat to be examined by a licensed veterinarian of the dealer’s choice at a mutually convenient time and place. If the pet dealer or owner or operator of the pet shop does not contest the matter, he must make the refund, replacement of animal or reimbursement not later than 10 days after receiving the veterinary certification.

If the pet dealer or the owner or operator of a pet shop has promised to register your animal with an animal pedigree registration organization or to provide the necessary papers and fails to do so within 120 days following the date of sale, you are entitled to return the animal and receive a full refund of the purchase price, plus sales tax, or to keep the animal and receive a refund of 75 percent of the purchase price plus sales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer is no longer obligated to register the animal or to provide the necessary papers to do so.
 
HELPFUL LINKS

NJ Pet Purchase Protection Act (Puppy Lemon Law), Actual Text

NJ Regulations, N.J.A.C. 13:45A-1, Subchapter 12

Pet Purchasing Protection Notification Forms

NJ Department of Heath – Office of Animal Welfare

County and Municipal Consumer Affairs Offices

Directory of NJ Health Departments