Illinois General Assembly - Full Text of Public Act 096-1470
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Public Act 096-1470


 

Public Act 1470 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1470
 
HB5772 EnrolledLRB096 20175 ASK 35732 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Welfare Act is amended by changing
Section 3.1 and by adding Sections 3.5 and 3.15 as follows:
 
    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
    Sec. 3.1. Information on dogs and cats for sale by a dog
dealer or cattery operator. Every pet shop operator, dog
dealer, and cattery operator shall provide the following
information for every dog or cat available for sale:
    (a) The age, sex, and weight of the animal.
    (b) The breed of the animal.
    (c) A record of vaccinations and veterinary care and
treatment.
    (d) A record of surgical sterilization or lack of surgical
sterilization.
    (e) The name and address of the breeder of the animal.
    (f) The name and address of any other person who owned or
harbored the animal between its birth and the point of sale.
(Source: P.A. 87-819.)
 
    (225 ILCS 605/3.5 new)
    Sec. 3.5. Information on dogs and cats available for
adoption by an animal shelter or animal control facility.
    (a) An animal shelter or animal control facility must
provide to the adopter prior to the time of adoption the
following information, to the best of its knowledge, on any dog
or cat being offered for adoption:
        (1) The breed, age, date of birth, sex, and color of
    the dog or cat if known, or if unknown, the animal shelter
    or animal control facility shall estimate to the best of
    its ability.
        (2) The details of any inoculation or medical treatment
    that the dog or cat received while under the possession of
    the animal shelter or animal control facility.
        (3) The adoption fee and any additional fees or
    charges.
        (4) If the dog or cat was returned by an adopter, then
    the date and reason for the return.
        (5) The following written statement: "A copy of our
    policy regarding warranties, refunds, or returns is
    available upon request.".
        (6) The license number of the animal shelter or animal
    control facility issued by the Illinois Department of
    Agriculture.
    (b) The information required in subsection (a) shall be
provided to the adopter in written form by the animal shelter
or animal control facility and shall have an acknowledgement of
disclosures form, which must be signed by the adopter and an
authorized representative of the animal shelter or animal
control facility at the time of the adoption. The
acknowledgement of disclosures form shall include the
following:
        (1) A blank space for the dated signature and printed
    name of the authorized representative handling the
    adoption on behalf of the animal shelter or animal control
    facility, which shall be immediately beneath the following
    printed statement: "I hereby attest that all of the above
    information is true and correct to the best of my
    knowledge.".
        (2) A blank space for the dated signature and printed
    name of the adopter, which shall be immediately beneath the
    following statement: "I hereby attest that this disclosure
    was posted on or near the cage of the dog or cat for
    adoption and that I have read all the disclosures. I
    further understand that I am entitled to keep a signed copy
    of this disclosure.".
    (c) A copy of the disclosures and the signed
acknowledgement of disclosures form shall be provided to the
adopter and the original copy shall be maintained by the animal
shelter or animal control facility for a period of 2 years from
the date of adoption. A copy of the animal shelter's or animal
control facility's policy regarding warranties, refunds, or
returns shall be provided to the adopter.
    (d) An animal shelter or animal control facility shall post
in a conspicuous place in writing on or near the cage of any
dog or cat available for adoption the information required by
subsection (a) of this Section 3.5.
 
    (225 ILCS 605/3.15 new)
    Sec. 3.15. Disclosures for dogs and cats being sold by pet
shops.
    (a) Prior to the time of sale, every pet shop operator
must, to the best of his or her knowledge, provide to the
consumer the following information on any dog or cat being
offered for sale:
        (1) The retail price of the dog or cat, including any
    additional fees or charges.
        (2) The breed, age, date of birth, sex, and color of
    the dog or cat.
        (3) The details of any inoculation or medical treatment
    that the dog or cat received while under the possession of
    the pet shop operator.
        (4) The name and business address of both the dog or
    cat breeder and the facility where the dog or cat was born.
    If the dog or cat breeder is located in the State, then the
    breeder's license number. If the dog or cat breeder also
    holds a license issued by the United States Department of
    Agriculture, the breeder's federal identification number.
        (5) Any known congenital or hereditary diseases of the
    parents of the dog or cat, or the parents' other offspring.
        (6) If eligible for registration with a pedigree
    registry, then the name and registration numbers of the
    sire and dam and the address of the pedigree registry where
    the sire and dam are registered.
        (7) If the dog or cat was returned by a customer, then
    the date and reason for the return.
        (8) The following written statement: "A copy of our
    policy regarding warranties, refunds, or returns is
    available upon request.".
        (9) The pet shop operator's license number issued by
    the Illinois Department of Agriculture.
    (b) The information required in subsection (a) shall be
provided to the customer in written form by the pet shop
operator and shall have an acknowledgement of disclosures form,
which must be signed by the customer and the pet shop operator
at the time of sale. The acknowledgement of disclosures form
shall include the following:
        (1) A blank space for the dated signature and printed
    name of the pet shop operator, which shall be immediately
    beneath the following statement: "I hereby attest that all
    of the above information is true and correct to the best of
    my knowledge.".
        (2) A blank space for the customer to sign and print
    his or her name and the date, which shall be immediately
    beneath the following statement: "I hereby attest that this
    disclosure was posted on or near the cage of the dog or cat
    for sale and that I have read all of the disclosures. I
    further understand that I am entitled to keep a signed copy
    of this disclosure.".
    (c) A copy of the disclosures and the signed
acknowledgement of disclosures form shall be provided to the
customer at the time of sale and the original copy shall be
maintained by the pet shop operator for a period of 2 years
from the date of sale. A copy of the pet store operator's
policy regarding warranties, refunds, or returns shall be
provided to the customer.
    (d) A pet shop operator shall post in a conspicuous place
in writing on or near the cage of any dog or cat available for
sale the information required by subsection (a) of this Section
3.15.
 
    Section 99. Effective date. This Act takes effect January
1, 2011.

Effective Date: 1/1/2011