Gov. Signs IL Bill Requiring More Disclosures About Pet’s Breeder
|August 23, 2010||Posted by russmead under Companion Animal Breeding|
Update Aug. 23, 2010: Illinois Gov. Pat Quinn has now signed into law, H.B. 5772,Â one of the strongest laws in the countryÂ requiring pet stores, dog breeders and dealers, cattery operatorsÂ andÂ rescues to provide information to purchasers or adopters as well as the state about a pet’s history.
For more on this new law, read Animal Law Coalition’s earlier reports below.Â Â Â Â Â
Update May 26, 2010: The Illinois House of RepresentativeÂ hasÂ approved the SenateÂ Amendment to H.B. 5772. The bill goes to Gov. Pat QuinnÂ for final approval.
Update May 9, 2010: H.B. 5772 which previously passed the Illinois House ofÂ Representatives by a vote of 81-26 has now passed the state Senate by a unanimous vote.
The bill now goes back to the House for concurrence with aÂ Senate amendmentÂ which basically would have fewer reporting requirements particularly concerning warnings or citations issued to the breeder, shelter or animal control; size of the breeder of dogs or cats sold by pet shops, andÂ how an animal came to be at a shelter or animal control. Also, the cause of action under the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/22s for violations was eliminated in the Senate version.
Original report: Illinois bills, H.B. 5772/S.B. 3594Â and S.B. 3633Â will mean more accountability by pet stores, dog dealers and cattery operators for the condition of the dogs and cats they sell and the breeders that produce them.
Legislators hope that will happen by increasing the amount of information that must be disclosed to the consumers about the animals and the businesses that produce them.
Animal shelters andÂ animal control facilities would also be required to disclose more information to adopters, not just about the animals they adopt out, but alsoÂ where the animals come from andÂ whether their own operation is in violation of statutes or regulations.Â Â
The bill was introduced in the House by Rep. Susana A. Mendoza, who is also the sponsor of the new puppyÂ mill bill. Sen. Dan Kotowski is the senate sponsor of both S.B. 3594 and S.B. 3633, virtually identical versions of Rep. Mendoza’s House bill.Â
What the bills say
H.B. 5772/S.B. 3594 and S.B. 3633 amend the state Animal Welfare Act, 225 ILCS 605, to require pet shop operators to disclose to consumers information about dogs and cats for sale: (1) retail price including any fees and other charges, (2) breed, (3) color, (4) gender, (5) date of birth, (6) inoculations and prior medical treatment including the name of the veterinarian, dealer, cattery or pet shop operator providing the treatment, (7) name and address of the breeder, federal identification number, if any, and any warnings or citations issued to the breeder concerning the health or welfare of the animals, Â (8) number of puppies or kittens born at the breeder’s facility each year, (9) hereditary or congenital diseases of the parents or their other offspring, (10) dealers or brokers involved, (11) registry information, (12) return policy and whether the animal has been returned and why.
There are strict requirements for posting the information and obtaining acknowledgements from consumers that they have received the information.
If any of the required information provided is false or misleading, the operator could be liable under the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/22. Â
Dog dealers and cattery operators would be required to make disclosures that are currently required of pet shop operators: breed, age, sex and weight of the dog or cat, name and address of the breeder and anyone who has owned or "harbored" the animal prior to sale, record of vaccinations and veterinary care and whether the animal is sterilized.
Animal shelters and animal control facilities must make the same disclosures except that the information disclosed would be the adoption fee instead of the retail price, description of the animal, inoculations and medical history,Â how the animal came to be at the shelter, whether the animal was a stray, owner surrender, transfer or otherwise; the return policy and any other policy that applies to the animal. The shelter or animal control facility must also disclose any citations or warnings it has received regarding the health or welfare of animals. These disclosures as well must be in writing and attested to by the adopters.