BP BHEAD INT S

AN ACT Relating to the domestic animal fit for purchase certificate; adding a new section to chapter 16.52 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 16.52 RCW to read as follows:

(1) Every dog or cat sold by a seller shall have a domestic animal fit for purchase certificate. The domestic animal certificate may be issued only if the animal is:

(a) Free of any disease communicable, excluding external parasites, to another animal or human;

(b) Free of any congenital or hereditary condition that seriously affects the health of the animal at the time of the sale or is likely to in the future; and

The certificate may not be waived. The certificate must be signed by the seller of the animal and a veterinarian, licensed under chapter 18.92 RCW, who is not a regular employee of the seller and has no relationship with the seller beyond the examinations necessary for preparation of the certificate.

For purposes of this section, a "seller" means one who is in business for purposes of chapter 82.04 RCW. Nonprofit organizations such as a humane society or city and county pounds and animal control are excluded.

(2) The seller shall provide at time of sale to the purchaser:

(a) Name, address, and telephone number of the breeder;

(b) Date of the animal's birth;

(d) Breed, sex, and color of the animal; and

(e) If the seller acquired the animal from a federally licensed seller or broker, then the name, address, telephone number, and license number of the seller or broker.

Copies of the information under this subsection must be available for at least one year after sale, for inspection by anyone who purchased the animal and for law enforcement personnel.

Prior to placing the animal in an area with other animals, the animal shall be free from communicable diseases other than external parasites. A diseased animal or one with a broken bone must be quarantined. Whenever necessary, licensed veterinarian care must not be delayed. In areas where animals are located, an automatic fire suppression system is required.

(3) If the animal dies within one year from the date of purchase, from a cause other than injury; and the purchaser takes the animal to a licensed veterinarian who reports a finding that it is likely the animal had at time of sale a disease or condition that caused the death:

(a) The purchaser shall receive full purchase price and reimbursement of veterinarian costs and treatment not to exceed the purchase price; or

(b) A replacement animal up to twice the original purchase price and reimbursement of veterinarian costs and treatment not to exceed the purchase price.

(4) If the animal gets sick within one year from the date of purchase, and the purchaser takes the animal to a licensed veterinarian who reports a finding that it is likely the animal had at time of sale a disease or condition that caused the sickness:

(a) The purchaser may return the animal and receive full purchase price and reimbursement of veterinarian costs and treatment not to exceed the purchase price;

(b) The purchaser may return the animal and receive a replacement animal up to twice the original purchase price and reimbursement of veterinarian costs and treatment not to exceed the purchase price; or

All remedies in this section are at the purchaser's election. Any city or county attorney, the department of agriculture, or the purchaser may enforce the provisions of this section.

The regulation of sellers of dogs and cats is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Activities of sellers prohibited under this section are not reasonable in relation to the development and preservation of business. A violation of this section constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.