Are there any provisions on on-site sales in the Consumer Protection Law or related laws?

"Consumer Protection Law" or related laws have relevant provisions on on-site sales. Consumers have the right to free choice and fair trade. Living animals are also commodities, and they are also bound by the Consumer Protection Law and other relevant laws and regulations.

Legal analysis

The business license for operating live pets must include "pet sales", and consumers are not advised to buy live pets privately on non-third-party protected network platforms. Consumers have the right to know the real situation of goods. Merchants should publicize the Animal Quarantine Certificate attached to live pets and things purchased from the upstream, and consumers can have the right to ask for it free of charge, and the official seal of the merchants is required when asking for it. Consumers have the right to free choice and fair trade. Because live pets are special commodities, consumers should be cautious when buying them. You should carefully read the terms of the purchase and sale contract of the merchant (note: verbal agreement or commitment should be written into the terms of the contract, such as the definition of the responsibilities of both parties after the pet is bought home and sick or dies, so as to avoid disputes), and the purchase and sale contract should be stamped with the official seal of the merchant. Consumers are advised to have a health check-up of the purchased live pets within the contract period according to the terms agreed by both parties. According to relevant documents, some tests such as canine distemper, canine parvovirus disease or cat panleukopenia (cat plague) and rabies immune antibody detection need to be certified by qualified laboratories designated by provincial animal health supervision institutions. It is recommended that live animals that have not been vaccinated or have not produced antibodies after vaccination should not buy them.

legal ground

Article 37 of the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) shall perform the following public welfare duties: (1) To provide consumers with consumption information and consulting services, improve their ability to safeguard their legitimate rights and interests, and guide civilized, healthy, resource-saving and environmental-friendly consumption patterns; (two) to participate in the formulation of laws, regulations, rules and mandatory standards related to the rights and interests of consumers; (three) to participate in the supervision and inspection of goods and services by the relevant administrative departments; (four) to reflect, inquire and make suggestions to the relevant departments on issues related to the legitimate rights and interests of consumers; (five) to accept consumer complaints, and to investigate and mediate the complaints; (six) complaints involving the quality of goods and services, you can entrust a qualified appraiser to identify, the appraiser shall inform the expert opinion; (seven) to support the injured consumers to bring a lawsuit against acts that harm the legitimate rights and interests of consumers or to bring a lawsuit in accordance with this law; (eight) through the mass media to expose and criticize acts that harm the legitimate rights and interests of consumers. People's governments at all levels shall provide necessary funds and other support for consumer associations to perform their duties. Consumers' associations should conscientiously perform their duties of protecting the legitimate rights and interests of consumers, listen to their opinions and suggestions, and accept social supervision. Other consumer organizations established according to law shall carry out activities to protect the legitimate rights and interests of consumers in accordance with the provisions of laws and regulations and their articles of association.