draft currently permits the court to award attorney fees to the prevailing party if 

 the other party acted in bad faith. 



• The draft provides affirmative defenses for a seller that include the purchaser's 

 failure to take timely action; the failure of a purchaser who returns a purebred dog 

 to return its registration paperwork; the dog's condition being the result of 

 mistreatment by the purchaser or an injury or exposure to infection that occurred 

 after the purchaser took possession of the dog; and the fact that the seller gave the 

 required medical history information about the dog, and it identified the existence 

 or possible development of the condition that affects the dog. 



• A pet shop or a covered breeder must give the purchaser in writing basic 

 information about the dog and its medical history. This information must identify 

 any known illness or other medical problem and may identify congenital or 

 hereditary problems the dog has not developed but are known to affect the dog's 

 family or breed. If this information is required, failure to provide it tolls the time 

 limits within which the purchaser must act. 



The draft excludes registered animal shelters, governmental entities, and bona fide 

 nonprofit animal rescue organizations that find adoptive homes for dogs. 



During the course of its study, the Commission received substantial written information 

 including individual comments, articles on puppy mills, other state laws, and proposals for 

 legislation. This material and the other records of the Commission relating to this study are 

 available through the Revisor of Statutes, 9001 Mail Service Center, Raleigh, North Carolina 

 27699-9001,(919)716-6800. 



FINDINGS AND RECOMMENDATION 



Puppy mills can be defined as breeding establishments in which the production of 

 puppies is maximized and the overhead costs are minimized as much as possible. The result is 

 twofold: the animals kept for breeding are kept in substandard conditions and given minimal 

 care, and the puppies suffer from poor genetics and poor socialization, commonly do not make 

 good pets, and contribute to the pet overpopulation in animal shelters. 



A puppy lemon law is an indirect means of addressing the problem of puppy mills. The 

 remedies provided by a typical puppy lemon law should discourage puppy mills: either damages 

 paid to purchasers will reduce the proprietor's profit margin or the proprietor will improve 

 breeding practices and the dogs' living conditions and medical care to avoid liability. The 

 requirement that the seller provide the purchaser with basic information about the dog and its 

 medical history should help the purchaser make a better-informed choice. A puppy lemon law is 

 self-implementing and does not establish a new regulatory program or require the expenditure of 

 additional public funds. Although a breeder licensing and inspection program would be a direct 



