In a significant development for pet buyers in Belgium, a new bill proposing an extension of the warranty period from six months to one year for recently purchased pets was proposed on World Animal Day this week.
The move is aimed at ensuring the welfare of animals and fostering responsible pet-selling practices. While widely welcomed, the proposed legislation also raises important questions about implementation.
Under the new legislation, if a newly purchased pet is found to have underlying health problems within a year of the sale, the seller is obligated to reimburse the medical expenses incurred by the new owner. In the most unfortunate cases, if the animal passes away, the buyer is entitled to either a replacement pet or a full refund.
The bill is currently under consideration in the House Committee on Consumer Protection and is expected to pass without significant opposition. Currently, buyers enjoy a six-month warranty period for their newly acquired pets, but the government's proposed extension to one year is seen as a major step forward in pet protection.
One noteworthy change in the legislation is the shift in responsibility. While previously, the burden of proof lay with the buyer to demonstrate the seller's fault, the new law will require sellers to prove that the animal was not afflicted with the condition at the time of sale.
Onset illnesses
Veterinarians in Belgium have applauded the extended warranty, noting that it allows for more time to detect underlying health issues that might not be apparent within the initial six months. Many also believe that this change will incentivise sellers to conduct thorough research to avoid concealing defects in animals they sell.
However, some veterinarians have reservations about the practicality of enforcing the law, as it can be challenging to ascertain whether the seller should have known about the pet's condition. They say that some conditions, like hip dysplasia in dogs, may take years to manifest fully, making it difficult to establish responsibility. This issue is further complicated by differing opinions on what changes are detectable when and what additional factors may be at play.
Experts also warn of potential disputes between pet owners, sellers, and veterinarians. For instance, breeders might attribute health problems to external factors, such as excessive exercise or activity, while owners argue otherwise. These disagreements can lead to complex legal battles.
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The primary objective of the proposed legislation is to combat unethical breeding practices that prioritise profit over the well-being of animals. Most commonly, inherited conditions, such as skin and joint problems in larger dogs, are a significant concern. Smaller dog breeds, on the other hand, often face issues related to breathing problems, especially in dogs with extremely short snouts.
The new law will come into effect for animals purchased after June 1, 2022. In case of complaints, buyers can contact the FPS Economy hotline for assistance. If no resolution is achieved through mediation, buyers have the option to pursue legal action in court.
