The Chamber's Economic Affairs Committee has approved a bill doubling the guarantee period for pet purchases, but animal welfare association Gaia says the proposed law is misleading and vows to challenge it in the Constitutional Court.
The bill increases from six months to one year the validity of the guarantee offered to the buyer of a pet. Tabled by the Secretary of State for Consumer Protection, Alexia Bertrand, it was passed on Wednesday by the Committee. This paves the way for it to be submitted to the Chamber in a plenary session.
The bill also reverses the burden of proof. If an animal falls ill or dies within a year of its purchase, the consumer will no longer have to prove that the seller was at fault. It will be up to the seller to demonstrate that (s)he was not.
More clarity for the consumer
The seller will also have to ensure that all the information about the animal, contained in the sales contract, corresponds to reality and that it is free from infectious diseases and congenital malformations.
Animals must also have received the required vaccinations. In addition, sellers will have to properly inform new owners about subsequent vaccinations as well as the required living space, nutrition and care.
Finally, new owners will always have a choice of vet.
“This legislation gives more responsibility to pet sellers and more clarity to consumers,” Secretary of State Bertrand explained. “As an owner, you now know perfectly well during which period you can assert your rights, for example for reimbursement of an urgent veterinary visit.”
Gaia threatens to appeal to the Constitutional Court
However, animal welfare association Gaia is anything but satisfied at the bill.
"The guarantee is not doubled, but halved,” Gaia reacted in a statement. “This bill is tailor-made for organised puppy farming,” its president, Michel Vandenbosch, is quoted as saying.
“It is a total lie to claim that the guarantee period will be doubled,” Vandenbosch charged. In his view, under the current federal system, the guarantee period for the sale of animals by professional sellers to consumers is two years.
He argues that, while it is true that the bill reverses the burden of proof and doubles the period linked to it from six months to one year, the total guarantee period is halved.
Gaia has announced that it will appeal to the Constitutional Court if the plenary votes in favour of the text as it stands.
