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<section number="3-170" name="Standards for pet shops and commercial pet distribution facilities" law="code" slug="sec-3-170" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_3ANCO_DIV5LIST_SD2ANHOCELI_PT3PALIST_S3-170STPESHCOPEDIFA">
  <level label="a">
    <text>A pet shop or commercial pet distribution facility receiving animals from a common carrier shall take delivery and physical possession of those animals within four (4) hours after notification by the carrier that the animal has arrived at the carrier's point of delivery.</text>
  </level>
  <level label="b">
    <text>No sick animals may be sold or further transferred in the course of commercial distribution until transfer is approved by a veterinarian. All animals and birds received by a pet shop or commercial pet distribution center shall be isolated until they can be examined. The examination shall be conducted in an area separate and apart from the housing or display area provided for other animals. Any bird or animal exhibiting illness, disease, or a present crippling deformity must be provided with immediate and proper care and treatment by a licensed veterinarian.</text>
  </level>
  <level label="c">
    <text>Animals with only present crippling deformities or noncontagious health problems may be placed in an area with healthy animals or returned to the breeder, broker, or shipper. Animals with noncontagious diseases or present crippling deformities may be given away as pets if the recipient signs a written release indicating that the recipient is aware of the deformity or noncontagious disease and agrees to spay or neuter the animal at the appropriate age and releases the pet shop from responsibility for that condition. Animals with present crippling deformities or known noncontagious diseases may not be sold or displayed.</text>
  </level>
  <level label="d">
    <text>A pet shop or commercial pet distribution facility shall maintain healthy animals in an area separate and apart from diseased animals. Healthy animals shall be provided with a ventilation system designed and operated to prevent air from housing areas for diseased animals from reaching areas in which healthy animals are housed. The ventilation system shall provide a reasonably healthy method of air entry, circulation, and filtration, and the system shall condition the air to eliminate noxious substances and objectionable odors.</text>
  </level>
  <level label="e">
    <text>A pet shop or commercial pet distribution facility shall maintain under normal conditions a minimum temperature of 65 degrees F and maximum temperature of 75 degrees F on the premises, except for those animals which require higher temperatures. There shall be a visible working thermometer in the display window where animals are shown and any area where animals are being kept.</text>
  </level>
  <level label="f">
    <text>A pet shop or commercial pet distribution facility shall have all canines and felines on the premises examined by a veterinarian every fourteen (14) days for compliance with Section 3-159 and appropriate records signed by the attending veterinarian. All animals shall be checked daily for signs of illness.</text>
  </level>
  <level label="g">
    <text>In every pet shop or commercial pet distribution facility, all canines shall have received distemper, parvovirus, hepatitis, and leptospirosis inoculations as required by applicable law or regulation prior to shipping, or prior to display upon receipt by the pet or commercial distribution facility after consultation with the attending veterinarian. Felines shall have received vaccine inoculations with FVRCP as required by applicable law or regulation prior to shipping, or prior to display upon receipt by the pet or commercial distribution facility after consultation with the attending veterinarian. The pet shop or distribution facility shall have canines checked for worms on a routine basis and wormed if necessary. This Subsection does not permit a pet shop or commercial pet distribution facility to accept, sell, or display a dog or cat younger than eight (8) weeks of age.</text>
  </level>
  <level label="h">
    <text>All ill animals, maimed animals, and animals with present crippling deformities shall be under the care of a veterinarian at the expense of the pet shop or distribution facility until they are permanently cured, humanely destroyed, or properly given away. Any animal certified by a veterinarian to be healthy may be transferred or sold.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>It shall be a violation for any pet dealer to sell a dog or cat without providing the consumer with a pet dealer's animal history certificate at the time the consumer takes possession of the dog or cat. The pet dealer's animal history certificate shall be signed by the pet dealer, or the dealer's agent or employee, and shall contain the following information:</text>
      <level label="A">
        <text>The animal's breed, sex, age, color, and birth date;</text>
      </level>
      <level label="B">
        <text>The name and address of the person from whom the pet dealer purchased the animal;</text>
      </level>
      <level label="C">
        <text>The breeder's name and address;</text>
      </level>
      <level label="D">
        <text>The date on which the animal was examined by a veterinarian, the name and address of such veterinarian, and a brief statement of any findings made; and</text>
      </level>
      <level label="E">
        <text>A statement of all vaccinations administered to the animal, including the identity and quantity of the vaccine, the name and address of such veterinarian, and a brief statement of all findings.</text>
      </level>
    </level>
    <level label="2">
      <text>The information contained in the pet dealer's animal history certificate required in paragraph (1), above, shall be informative only, and the pet dealer shall not be responsible in any manner for the accuracy of such information unless the dealer knows or has reason to know that such information is erroneous. A copy of the pet dealer's animal history certificate signed by the consumer shall be maintained by the pet dealer for a period of one year following the date of sale.</text>
    </level>
    <level label="3">
      <text>It shall be a violation for a pet dealer to include in the pet dealer's animal history certificate provided for in paragraphs (1) and (2), above, any false or misleading statement regarding the information to be contained therein.</text>
    </level>
    <level label="4">
      <text>If, at any time within ten (10) days following receipt of an animal by a consumer, a veterinarian certifies such animal to have been unfit for purchase due to illness, a congenital defect deleterious to the health of the animal, or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to choose one of the following options:</text>
      <level label="A">
        <text>The right to return the animal and receive a refund of the purchase price including sales tax; or</text>
      </level>
      <level label="B">
        <text>The right to return the animal and to receive an exchange animal of equivalent value from the dealer, subject to the choice of the consumer.</text>
      </level>
    </level>
    <level label="5">
      <text>The refund required in paragraph (4), above, shall be made by the pet dealer not later than ten (10) business days following receipt of a signed veterinary certificate as hereinafter provided. A pet dealer shall give notice hereinafter set forth in writing to a consumer prior to the delivery of an animal. Such notice shall be embodied in either a written contract, the pet dealer's animal history certificate, or a separate document and shall state in at least ten point (10 pt.) bold face type the following:</text>
      <table>
        <row>
          <cell>NOTICE</cell>
        </row>
        <row>
          <cell />
        </row>
        <row>
          <cell>The sale of animals is subject to the provisions of Section 3-170(i). In the event that a veterinarian certifies your animal to have been unfit for purchase within ten (10) business days following receipt of your animal, you may choose:</cell>
        </row>
        <row>
          <cell>(1) To return your animal and receive a refund of the purchase price; or</cell>
        </row>
        <row>
          <cell>(2) To return the animal and receive an exchange animal of your choice of equivalent value.</cell>
        </row>
        <row>
          <cell />
        </row>
        <row>
          <cell>In order to exercise these rights, you must present a written veterinary certification, indicating that the animal was unfit for purchase, to the pet dealer within three (3) business days after receiving such certification.</cell>
        </row>
      </table>
    </level>
    <level label="6">
      <text>If the consumer agrees, the pet shop may provide to the animal purchaser free veterinary treatment for any illness or condition existing at the time of sale that is diagnosed by a veterinarian within ten (10) days of the date of sale. The initial examination fee, office visit fee, vaccine cost, and inoculation fee are to be the pet owner's responsibility. The pet shop shall choose the veterinarian who is to provide treatment for the illness or condition.</text>
    </level>
  </level>
  <level label="j">
    <text>The pet shop shall maintain an accurate individual history and health record for each dog or cat and lot records for birds. The records shall contain the name of the pet shop; a full description of the animal; the name and address of the person from whom the animal was obtained and the federal dealer identification number, if available; the date of the animal's entry into the State of Maryland; the animal's date of birth; the name and address of the breeder; the name and address of the broker; the name and address of the shipper; a record of all vaccines administered to the animal and the date of administration; a record of any disease of the animal observed while in the possession of the pet shop, including, but not limited to, symptoms of illness, diagnosed illness, treatment, medication, and prognosis, if known; and the date of sale or other disposition.</text>
  </level>
  <level label="k">
    <text>The pet shop shall maintain a record of sale for each bird in conformance with the requirements of the Department of Health.</text>
  </level>
  <level label="l">
    <text>All cages must meet the following requirements:</text>
    <level label="1">
      <text>All cages are to be constructed of nonabsorbent, nonporous, and impervious material.</text>
    </level>
    <level label="2">
      <text>The floors of the primary enclosure shall be constructed so as to protect the animals' feet and legs from injury. Primary enclosures for animals, except cats, may have wire or grid flooring provided that the gauge of the wire or grid material is of proper size to support the animal(s) and to prevent sagging under the weight of the animal and provided that the mesh openings are of a suitable size for the age and species of the animal. Wire or grid flooring for small animals (quadrupeds), shall have mesh openings of such size as to prevent the animals' feet from passing through the openings.</text>
    </level>
    <level label="3">
      <text>Each primary enclosure shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit, or lie in a comfortable position. Containing a dog by means of tying or chaining shall not be permitted, except that a dog may be restrained when grooming if the chain is placed or attached to a well-fitted collar. The area of confinement for cats shall be large enough to permit proper exercise for the animals.</text>
    </level>
    <level label="4">
      <text>A primary enclosure for a cat shall have a litter pan made from nonabsorbent material, or disposable pans containing sufficient clean litter to contain the excreta.</text>
    </level>
    <level label="5">
      <text>There shall be available for cleaning and sanitation a sufficient supply of hot running water and an effective chemical sanitizing agent.</text>
    </level>
    <level label="6">
      <text>If a cage is made of material which can be scratched, they shall be steam cleaned or cleaned with an effective disinfectant every fourteen (14) days and before the introduction of another animal. Cage walls and ceiling shall have a smooth, washable surface and shall be finished in a light color and kept in a clean, safe, and sanitary condition.</text>
    </level>
  </level>
  <level label="m">
    <text>All areas of confinement, display, storage, and sales shall be maintained in a rodent-free, vermin-free, and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant. All cages shall be cleaned and disinfected daily. Feed and water dishes shall be emptied and sanitized at least once daily. No animal is permitted to be maintained in an area being cleaned until this process is completed and the area is dry. Sipper tube water bottles, if used, shall be kept clean and sanitized regularly and kept free of dirt, debris, and algae.</text>
  </level>
  <level label="n">
    <text>At least one (1) sink or tub equipped with both hot and cold running water shall be provided within the building in a location easily accessible to the areas where animals are housed. All wastes or sewage shall be discharged to a Health Department approved waste disposal system. Floors shall be smooth and easily cleanable and kept in a clean, safe, and sanitary condition. Where flooding or steaming methods are employed for cleaning floors, proper means shall be provided for removal of waste water. Water shall not be permitted to pool under equipment, partitions, animal enclosures, or other places within the building. Any animal enclosure which is subject to waste water runoff after cleaning or subject to the influence of weather shall be connected to an approved waste water disposal system.</text>
  </level>
  <level label="o">
    <text>A pet shop may not confine or display animals of different species in the same cage or enclosure, except that fish, birds, and nonpoisonous reptiles of different but compatible species may be displayed or confined in the same tank or cage.</text>
  </level>
  <level label="p">
    <text>A pet shop shall not display any animal in a manner that is detrimental to the health or well-being of that animal. The management of the pet shop shall give proper instruction on the handling of an animal.</text>
  </level>
  <level label="q">
    <text>No more than one (1) adult dog or cat may be confined in the same cage. Young animals may not be confined or displayed in the same cage with adult animals. Pugnacious or dangerous animals shall be isolated from other animals. Dogs shall be taken from cages and allowed to exercise at least twice daily, including Sundays and holidays. Dogs and cats under the age of eight (8) weeks may not be displayed or offered for sale.</text>
  </level>
  <level label="r">
    <text>The water temperature in a fish tank shall be maintained at a constant level appropriate for the fish confined therein. If necessary for purposes of health or sanitation, the fish tank shall be equipped with an efficient circulating pump, filter, thermometer, and light for the emission of heat. Fish tanks shall be kept in a sanitary condition at all times.</text>
  </level>
  <level label="s">
    <text>Each bird cage housing small-sized birds up to and including doves, cockatiels, and love birds shall contain at least two (2) horizontal perches and provide sufficient perch space for every bird confined therein; and one-third (1/3) of the perch space is to be vacant at all times. If a perch is detrimental to the health of a particular species, then the perch is to be omitted from the cage in which that species is confined. In addition to bird seed and water, each bird cage shall contain an amount of fresh gravel, where appropriate and needed for digestion, sufficient for the number of birds confined therein. Parrots and other large bird species shall have sufficient cage space or sufficient T-stand perch space. They shall not be confined or displayed in a cage with smaller birds.</text>
  </level>
  <level label="t">
    <text>Hand washing facilities for the public shall be provided.</text>
  </level>
</section>
