Section 12.05 - Restriction on Sale(1) No Licensee may Sell or Offer for Sale any Animal which tests positive for or shows signs of any of the following conditions:(a) Viral, bacterial, fungal, or parasitic infections, or any contagious disease including, but not limited to, distemper, hepatitis, leptospirosis, kennel cough, coccidiosis, giardiasis,parvo virus, or rabies;(b) Nutritional diseases including, but not limited to, rickets, emaciation, and hypo-vitaminosis;(c) Evidence of parasitism, which is impacting the general health of the Animal;(d) Fractures, lameness, or congenital abnormalities affecting the general health of the Animal; or(e) Metabolic disease including, but not limited to, kidney disease and diabetes.(2) No Licensee may Sell or Offer for Sale a reptile without posting its Taxonomic Derivation.(3) No Class A Licensee may: (a) Sell or Offer for Sale any dog younger than six months old without posting, in a place readily visible to the public where dogs are Offered for Sale, a sign which states the following in black lettering not less than 38-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'] RECEP/ED THE PUPPY, THE PUPPY'S COMPLETE VACCINATION, WORMING, MEDICATION, AND TREATMENT RECORDS, AND THE PUPPY'S 14-DAY WARRANTY. THIS INFORMATION IS AVALIABLE UPON REQUEST AND WILL BE PROVIDED TO PURCHASER AT THE TIME OF SALE.";(b) Acquire, Sell, or Offer for Sale a dog or cat younger than eight weeks old;(c) Acquire, Sell, or Offer for Sale a kitten unless the source of the kittens is known and there is valid documentation that the dam of the kitten is currently vaccinated for rabies and the vaccination was administered at least 30 days prior to the birth of the kitten; or(d) Sell or Offer for Sale a dog or cat:1. Unless the Licensee is in possession of a Health Certificate issued by a Veterinarian dated not more than seven calendar days previous to the Sale or Offer for Sale and possesses the Animal's complete Individual Animal Record, in accordance with 330 CMR 12.09(2);2. Which has been returned to the Licensee due to its failure to pass a veterinary examination after its Sale, unless the Animal is placed back in Isolation and is subsequently examined by a Veterinarian, in accordance with 330 CMR 12.07;3. Which is under a quarantine order, issued under the authority of M.G.L. c. 129, §§ 11, 21 and 22; or4. Which is currently receiving medication or showing clinical signs of disease.(4) A Licensee shall provide to each customer at the time of Sale of a dog, cat, or bird a copy of such animal's Individual Animal Record, maintained by the Licensee as required pursuant to 330 CMR 12.09(2). In addition, each Class A Licensee shall give to the customer at the time of Sale of a dog or cat a notice of the 14-day warranty as provided for in 330 CMR 12.05(5). Each customer shall sign a statement acknowledging receipt of these materials, to be kept as part of the animal's Individual Animal Record maintained by the Licensee.(5) Each Class A Licensee shall provide a full refund of the purchase price of a dog or cat, or if the Licensee and the customer both consent, a substitution Animal, to any customer who: (a) Within 14 calendar days of the Sale, has the dog or cat examined by a Veterinarian of the customer's choice, and the examination indicates the dog or cat is diseased or has a congenital disorder; and(b) Presents the dog or cat to the Licensee within three days of the date of the examination, with a Veterinarian's written statement that the dog or cat is diseased or has a congenital disorder, and proof of Sale.(c) Should a dog or cat die while under veterinary care, the customer may present the statement in 330 CMR 12.05(5)(b) from the Veterinarian attending the dog or cat documenting the circumstances of the death in lieu of returning the body. All refunds shall be provided promptly upon provision of the written statement as described in 330 CMR 12.05(5)(b) and (c). Any euthanasia decisions made following any such refund shall be made in consultation with the Pet Shop.
(6) Notwithstanding 330 CMR 12.05(1), a Licensee may give away without compensation an Animal affected with a medical condition that is neither infectious or contagious, such as nutritional or metabolic disease, fracture, lameness, or congenital abnormalities, provided that the Animal is treated and stabilized by a Veterinarian prior to Placement. The Licensee shall also: (a) Provide the customer with a Disclosure Statement describing the Animal's medical condition, including, but not limited to, a licensed veterinarian's estimate of the cost to treat or maintain the Animal with said condition; and(b) Obtain a signed statement from the customer stating the customer has received a copy of the Disclosure Statement and is aware of the Animal's non-infectious, non-contagious, medical condition and that the customer accepts responsibility to provide the proper medical care for the Animal.Amended by Mass Register Issue 1327, eff. 12/2/2016.Amended by Mass Register Issue 1412, eff. 3/6/2020.