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Restriction on Sale

Country of Origin: United States

Agency of Origin: Department of Food and Agriculture

National Citation: 330 CMR 12.05

Summary:  

These Massachusetts regulations concern restrictions on the sale of pet animals, including restrictions on the sale or transfer of any dog or cat which is less than eight weeks of age or those pets with diseases or parasites.

These Massachusetts regulations concern restrictions on the sale of pet animals, including restrictions on the sale or transfer of any dog or cat which is less than eight weeks of age or those pets with diseases or parasites.



12.05: Restriction on Sale

12.05: Restriction on Sale

(1) No licensee shall display, offer for sale, sell or give away any animal with obvious signs of any of the following conditions:

(a) Infectious diseases such as distemper, hepatitis, leptospirosis, rabies or other similar infectious diseases, but not including any incubating diseases;

(b) Nutritional diseases including but not limited to, rickets, emaciation, and hypo-vitaminosis;

(c) Obvious signs of severe parasitism which is impacting the general health of the animal;

(d) Fractures, lameness or congenital abnormalities affecting the general health of animal;

(e) Metabolic disease including, but not limited to, kidney disease and diabetes;

(2) No licensee shall:

(a) Display any reptile, amphibian or invertebrate for sale without posting its Taxonomic derivation, or display any dog under six months of age for sale without posting, in a place readily visible to the consumer where dogs are available for sale, a sign which states the following in black lettering not less than thirty-eight point size upon a white background: "THE FOLLOWING INFORMATION IS ALWAYS AVAILABLE ON ALL OF OUR PUPPIES: THE PUPPY'S DATE OF BIRTH, CITY/TOWN AND STATE OF BIRTH, THE DATE [name of pet shop or 'THIS PET SHOP'] RECEIVED THE PUPPY, THE PUPPY'S COMPLETE VACCINATION, WORMING, MEDICATION AND TREATMENT RECORDS, AND THE PUPPY'S 14-DAY WARRANTY";

(b) Acquire, display, offer for sale, sell or give away any dog or cat which is less than eight weeks of age;

(c) Sell or give away any dog or cat:

1. unless the licensee is in possession of a health certificate issued by a licensed veterinarian dated not more than seven calendar days previous to the sale or give away; or

2. which has been returned to the licensee due to its failure to pass a veterinary examination after its sale to a purchaser, unless a new licensed veterinarian's health certificate, dated after the date of the return, has been issued to the licensee; or

3. which is under a quarantine order, issued under the authority of M.G.L. c. 129, §§ 11, 21 and 22.

(3) All licensees shall provide a substitution or a full refund of the purchase price of any dog or cat to any purchaser who:

(a) within 14 calendar days of sale has the dog or cat examined by a licensed veterinarian of his or her choice, and the examination indicates the dog or cat is diseased or has a congenital disorder; and

(b) presents the dog or cat, a veterinarian's written statement that the dog or cat is diseased or has a congenital disorder, and proof of sale within two business days of the date of the examination.

 



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