Proposed Legislation

Pet Shops Sales and Inspections

Amend the code of Virginia by adding at 3.1-796.71 that every sale by a pet shop of a dog or cat represented to be a pure bred must be accompanied by a certification of fitness dated no more than 15 days prior to the purchase date and issued by a Virginia veterinarian if that dog or cat was acquired from a dealer whose premises are outside a 5-mile radius of the pet shop. For pur-poses of this article, “pure bred” means belonging to a specific dog breed recognized and further defined by the AKC.

Further amend the code of Virginia at 3.1-796.80 to make the failure of a pet shop to provide the above-mentioned certification a per se violation of the Consumer Protection Act 59.1-196 et seq. for which a civil fine of $150 is automatic upon affidavit by the purchaser of such failure and for which civil penalties of $2,500 shall be available under the Virginia Consumer Protection Act.

Further amend the code of Virginia at 3.1-796.67:2 to require that all pet shops must be inspected at least once before September 30, 2005, for compliance with the pertinent animal space, move-ment and sheltering provisions set forth as 3.1-796.66, with civil fines of $1000 per violation per day; fines will be in the form of citations returnable in General District Court and issued by the Office of the State Veterinarian. In the event that the pet shop wishes to contest the fine, the Commonwealth Attorney will prosecute the action and the costs of prosecution will be added to the fine in the event that the fine is upheld.

Further amend the code of Virginia at 3.1-796.67:2 to provide for exemplary damages of $1000 per violation per day for any violation which is unremedied after 10 business days.

Further amend the code of Virginia at 3.1-796.67:2 to require that the Office of the State Veteri-narian will conduct follow up inspections within 35 days after an inspection that resulted in any finding of non-compliance.

Further amend the code of Virginia at 3.1-796.67:2 to require that the Office of the State Veteri-narian will conduct inspections at least annually for all pet stores found to be in compliance upon earlier inspection, and at least twice per year for all pet stores found to be non-compliant in any earlier inspection.

12/18/04