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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'

(7) The sale of young companion or pet animals

Paragraph 20 of the consultation document stated: The sale of dogs from dog breeding establishments is presently regulated and these establishments are required to be licensed by local authorities. There are no similar provisions relating to the sale of kittens and the trade in young puppies and kittens by dealers who purchase these animals outwith the UK for resale in Scotland and elsewhere in the UK is unregulated. We are aware of the potential for serious welfare problems and wish to see an end to any unregulated trade. We wish to ensure that companion animals sold by dealers are covered by the same welfare regulations which apply to puppies sold from licensed dog breeding establishments.

21. (7.1) Do you agree that any trade in the sale of young companion animals needs to be licensed? (7.2) If so what conditions should be placed on the granting of a licence? (7.3) Any views on how to define a 'dealer' would be welcomed.

22. The present regulations deal with dog breeding establishments but we are aware that as pedigree cats have increased in popularity and value there are establishments involved in the businesses of breeding kittens for sale. It seems that there is a valid argument to extend the existing legislation regulating the breeding and sale of dogs to include cats.

23. (7.4) Do you agree? (7.5) Should it be further extended to include other companion or domestic animals such as birds?

Overview

99 responses were received on this subject. Responders included 18 local authorities and their representative organisation LACORS; 2 police forces and their representative organisation, 16 canine organisations (and 1 business), 3 pet organisations, 7 animal sanctuaries and pet rescue organisations, 9 animal welfare organisations, 6 veterinary organisations; 30 individuals also responded.

Comments on the proposals

General comments on the scope of the proposals

Responders expressed a range of general views on the proposals. In a number of instances they highlighted their importance and the need to reform the trade in young companion or pet animals. They also commented on the extent of the proposals and issues which the Executive must consider when developing and implementing them:

• There is a need to overhaul all aspects of pet rearing and trade of all animals. (individual)

• There is a very real need to totally overhaul all aspects of the pet breeding, dealing and supply trade for animals. (Animal Concern)

• Laws concerning welfare of all companion and pet animals in Scotland should be updated and clarified so that the authorities can step in at an earlier stage than at present. (individual)

• There is a requirement to renovate all aspects of the pet breeding, dealing and supply for all animals. (2 individuals)

• The issue of puppies being transported in disgraceful conditions should be a prime part of the new regulation. (Scottish Utility Breeds Club)

• The Scottish Executive is not using the time and will to really tackle the problem of puppy farming. It needs to look at the sale of puppies and kittens irrespective of where they are born. A golden opportunity is being lost for putting an end to the sale of puppies and kittens from pet shops and other multi-breed selling outlets. It is not only pet shops that buy puppies to sell. (Hope UK)

• There should be a well resourced system of animal welfare, otherwise the legislation will not have any teeth. (individual)

• Legislation requires money to police it. Know that the finance will not be available. (Hope UK)

• It should not prohibit the sale of puppies or kittens by licensed breeders/vendors, where the animals are kept in good conditions, and where factors such as socialisation are fully catered for. (Ark Veterinary Group)

• May impinge upon free trade within the European Union. (Pets at Home)

Relationship with the Private Member's Bill of Christine Grahame MSP

The consultation on The Transportation and Sale of Puppies (Scotland) Bill, proposed by Christine Grahame MSP, was issued on 30 March 2004, the day before the Scottish Executive's consultation on the proposals to revise existing animal welfare legislation was published. Responders were aware that a number of issues and proposals were found in both of these consultation documents. A small number of responders commented on the relationship between them and for the need for them to be properly considered:

• Have commented in some detail on Christine Grahame's Private Members Bill. (Dogs Trust)

• Proposals in the consultation are long overdue but the fact that they are being considered in preference to the draft Transportation of Puppies Bill is unacceptable. Any attempt to reduce the impact of that proposed legislation within these proposals cannot be supported by our organisation. The length of delay in imposing this legislation would be too long in implementing the urgent need to protect the puppies that are now suffering and in danger of suffering. We beg, plead, and demand that the Transportation of Puppies Bill is not sidelined for legislation that may not be effective. (WAG)

• Fully support Christine Grahame MSP's proposals for the transportation and Sale of Puppies (Scotland) Bill. Her proposals should be included in the new Bill. Welcome the regulation of trade in puppies purchased by dealers outside the United Kingdom and then resold in Scotland and elsewhere in the United Kingdom. (Advocates for Animals)

• The consultation paper in relation to The Transportation of Puppies (Scotland) Bill is currently under consideration. Members agree that companion animals should be treated likewise. (ACPOS)

General comments on the trade in companion animals

Responders offered a range of comments about the current trade in companion animals in Scotland and the United Kingdom. They focused on negative aspects of the trade and welfare issues which had been caused by the commercial breeding of puppies and the differences in selling practices between commercial breeders and individuals:

• Issues in dealers is very emotive. (individual)

• Breed of Miniature Schnauzers is popular and does attract the attention of 'puppy farming' establishments. Westminster Government is not helping in this as they have given Welsh farmers grants to effect farm puppies. (individual)

• The Westminster Government is actively assisting farmers in Wales to diversify into breeding dogs. (Scottish Utility Breeds Club)

• Organisations that campaign against puppy farming can take action to publicise the poor practices. However these steps are futile as new businesses are constantly being established. (Hope UK)

• Greyhound Network News highlights the horrors of over-breeding in unsuitable surroundings. Although noted in Spain, this could happen here. (individual)

• There has been much suffering caused to puppies etc in breeding and trading in bad conditions. (individual)

• Attention has recently focused on Irish puppy farms but this is not a new problem originating from Ireland. For decades we have received complaints about dogs bred in licensed breeding establishments in various parts of Scotland (notably Aberdeenshire, Lanarkshire and Ayrshire) as well as puppies brought in from England and Wales. Sadly, puppy factory farming is legal within the United Kingdom. Scotland could be the first country in the United Kingdom to make this vile trade illegal. This trade causes immense suffering to the animals (including breeding bitches and the sire dogs) and results in people unknowingly buying sickly pets, many of which die within a few weeks. Others may require lengthy, expensive veterinary treatment to help them survive. Those that do survive have been reared in a bleak and unstimulating environment with little human contact. This can lead to behavioural problems making the dogs very poor, sometimes dangerous pets. (Animal Concern)

• Many animals sold from pet shops are bred on licensed puppy farms. The dogs face a life of suffering. There are few financial resources given to local councils and inspections are scant and are overlooked. Puppy farmers are often well known to the community in many rural areas. They operate within a very closed and protective environment. (Hope UK)

• The anti-puppy farming lobby is urging people not to buy from a pet shop. We believe that it is unacceptable to buy puppies from puppy farms and unacceptable that people make a lot of money from the breeding and selling of puppies. There are already too many puppies being bred and sold. (Hope UK)

• Are aware of puppy farmers in Scotland which will sell a pup to almost anyone. (The Bearded Collie Club of Scotland)

• As a breeder, I do not charge the prices advertised by the puppy farmers/sellers/rearers. When discussing the cost of a puppy with the purchasers the cost of producing the pup to breeders like myself who own three to four bitches and do not mate them each season should be taken into consideration. The general public appears to think that the higher the cost the better the quality of puppy. This is not the case. The public tend to want the dog yesterday and do not appear to be prepared to look around at all aspects of purchasing a happy, healthy and well socialised puppy. (individual)

Comments on the trade in companion animals, especially puppies, with Ireland

A number of comments specifically related to the trade in companion animals between Ireland and Scotland. Responders noted attitudes towards the trade, conditions at rearing establishments, and the problems resulting from these, especially from 2002 onwards. They also remarked on the need to regulate the trade:

• With regard to the issue of the trade in young puppies by dealers who purchase these animals outside the United Kingdom for resale in Scotland, the Kennel Club does not support any such trade. Our position is that all prospective owners of dogs should consult with and buy from, the original breeder, as they are then able to receive expert advice on its health and welfare and should see the environment it was raised in and its mother. (The Kennel Club)

• The main problem of puppy farms seems to be the imports from Ireland. I believe there are some bad farms in Wales. (individual)

• Aware of the recent increase in the trend to import animals from outwith the United Kingdom. This breed has not featured in this trend. (The Bearded Collie Club of Scotland)

• Many of the puppy farms supplying the Scottish market are found in the Republic of Ireland where there is no legislation to regulate dog breeding establishments. Often these dogs are bred in unhygienic conditions, without documentation or recording of their origin or health status. Some of these puppies are sold to licensed rearing establishments in Scotland at a significantly lower cost than would be charged by a licensed breeder. Some are sold directly (illegally) by dealers in car parks, lay-bys or markets, while others travel on to be sold in England. Cases in 2002 and 2003 involving puppies seized at the ferry ports of Stranraer, Cairnryan and Troon, revealed puppies being transported in extremely poor conditions, without proper documents. Cramped conditions, and the length of transportation at an early age, increase the risk of disease, infection and parasitic infestation. Health problems include dehydration and heat exhaustion, various forms of enteritis, a high incidence of the potentially deadly intestinal disease parvo virus, and exceptionally high worm burdens. Many of these health problems take a few days to come to light, and by the time they do, the puppy has usually been sold. The burden of veterinary care and the risk of infecting humans or other pets lie with the new family. (Scottish SPCA)

• Examples of poor transport conditions: 102 puppies being transported in a trailer on the ferry from Northern Ireland were seized at Stranraer in December 2003 by Dumfries and Galloway Police and passed to the Scottish SPCA for care. The puppies were held as court productions on behalf of the Crown until March 2004, and cared for by the Scottish SPCA, at a cost of over £40,000. The transporter was charged under the Protection of Animals (Scotland) Act 1912 and the Welfare of Animals (Transport) Order 1997. The case against the transporter was found not proven at Stranraer Sheriff Court in March 2004, after which the owner of the puppies, a rearer from South Ayrshire, reclaimed them all from the Scottish SPCA. In an earlier case, in summer 2003, a Fiat Punto car was found to contain 49 puppies and 3 kittens. These animals were signed over to the Scottish SPCA and new homes were found for all of them. (Scottish SPCA)

• Works at the ports in Stranraer. Witnessed at first hand the suffering of puppies being transported under terrible conditions. Would fight for any law that would outlaw such practices. (individual)

• Dog dealers are transporting animals from Ireland landing at Scottish ports on the West of Scotland, then selling them onto unsuspecting members of the public. These animals are sickly, distressed and more should be done by local government, the Scottish Executive and the Scottish SPCA to halt this trade. (individual)

• Legislation is required to cover breeding premises outwith Scotland in conjunction with Northern Ireland and the Republic or drafted with advice from animal inspectors on both sides of the border to make it difficult or illegal to bring puppies on long journeys, cramped, wet, unfed and standing in their own puddles. (individual)

• Given recent reports on the conditions of some dog breeding establishments, strong consideration should be given to restricting, if not banning, the import of animals from such establishments outwith Scotland. Where welfare conditions do not meet Scottish standards, such imports should be banned. (West Lothian Animal Rights and Veggies)

• There should be new stringent regulations relating to resale of puppies purchased outside the United Kingdom. (individual)

• In our area we have a rearing establishment who sources his animals from Ireland and although his establishment meets the terms of his licence conditions it is difficult to assess and monitor the effects of long journeys on the young animals. We do not know what the standards within the breeding establishments in Ireland are but have certain hearsay evidence that the conditions in these premises are abhorrent. (South Ayrshire Council)

Comments on the proposals

Question 7.1

Responders had a number of viewpoints on this issue: (1) the trade should be licensed, (2) the trade should be regulated, (3) the trade should be banned, and (4) no viewpoint was stated. Each will be considered in turn:

(1) The trade should be licensed

• 42 organisations. (Angus Council, City of Edinburgh Council, Dumfries and Galloway Council, East Ayrshire Council, East Lothian Council, Falkirk Council, Fife Council, Glasgow City Council, North Ayrshire Council, North Lanarkshire Council, South Ayrshire Council, Stirling Council, West Lothian Council, LACORS, Central Scotland Police, Dumfries and Galloway Constabulary, The Royal Institute of Chartered Surveyors on Scotland, BVA Scottish Branch, Ark Veterinary Group, South of Scotland Wildlife Hospital, Vetwork UK, Dogs Trust, Kirkwall Dog Training Club, Scottish Kennel Club, The Bearded Collie Club of Scotland, Perthshire Canine Club, Scottish Utility Breeds Club, Canine Concern Scotland Trust, Dumfries and Galloway Canine Rescue, Cats Protection, Cat Action Trust 1977, Catflap, Lothian Cat Rescue, Animal Concern, IFAW, Grampian Animal Defence League, WAG, The Vegetation Society, Mossburn Animal Sanctuary, Pets at Home, PAWSI, ACTA, Scottish Association for Country Sports Workers)

• 13 individuals.

Support of the proposals

A small number of responders noted the extent of their support of the proposals. They generally emphasised their enthusiasm for them:

• Delighted to see you are making some regulations on puppy farms. (individual)

• Wholeheartedly in favour of legislation to curb the 'puppy farmers'. (Scottish Utility Breeds Club)

• Welcome the proposals. (individual)

• Is welcomed. This authority are aware of the issue and are of the view that anything that can be done to prevent suffering of such animals and the control of trade would be welcome. (West Lothian Council)

• Welcome any proposals to tighten the controls on trading in animals and to provide greater protection for stud animals, particularly for cats and dogs. (North Ayrshire Council)

Reasons for agreement with the proposal

Responders gave a range of reasons why they supported the need to licence the trade in young companion animals. They considered that the unlicensed trade should be brought to an end, that puppy farming should be controlled, dealers should be inspected and licensed in order to protect the health and welfare of the animals, over-breeding, and transportation. They also noted the need to tighten up the current breeding legislation:

• More stringent action is needed to be applied and policed. (individual)

• Apparent from recent offences that this industry cannot be self-regulating; there are still those who will not operate to a voluntary code of practice. (Dumfries and Galloway Council)

• There must be an end to the unregulated trade in pets. (Angus Council, individual)

• Agree to legislation to attempt to curb the 'puppy farmers'. (Perthshire Canine Club)

• Any habitual form of trade in young companion animals should be licensed. (Central Scotland Police)

• Certain organisations have exemptions from licensing as dog breeders. All non-Government breeders of dogs should be licensed. (Stirling Council)

• Regulation and guidance is required to protect the welfare of imported animals and control the activities of 'dealers' who import animals for resale in the United Kingdom. (City of Edinburgh Council)

• Those who deal in the sale of puppies or kittens purchased from outwith the United Kingdom for sale in Scotland should be regulated. (Dumfries and Galloway Constabulary)

• Dog breeding has now become an industry and not a hobby. Puppy farms and dog breeding kennels have proliferated and the results of this exploitation has to be dealt with by charities and animal wardens. Need tougher rules to put a break on this exploitation and would suggest that every breeding bitch is registered with the local council. (individual)

• We would like to see totally new legislation covering the breeding, importation, transportation and sale of puppies and indeed all pet animals. Ideally, the breeding of dogs and cats should be centred on small scale at-home situations where breeders are limited in the number of bitches/queens they own. This could range from two or three breeding females for large breeds of dog to perhaps half a dozen for smaller breeds and cats. Breeders should be covered by personal and premise licences so that only licensed individuals can sell dogs and then only from licensed premises. By refusing to licence dealers, people would have to buy direct from breeders. Current legislation in the United Kingdom does not do enough to protect dogs from puppy farmers and dealers. We at least have some legislation which is a lot better than the situation in Ireland. We would suggest that EU legislation including The Treaty of Rome be checked to see if there is scope for our banning the import of puppies and other animals from countries where legally enforceable welfare standards fall short of those demanded in this country. In many areas United Kingdom citizens have to comply with animal welfare laws while animals and animal products come into this country from countries with no welfare legislation. These welfare unfriendly imports are sold at prices which undercut United Kingdom suppliers thus undermining our welfare laws. (Animal Concern)

• Dealers should be licensed and inspected. This would protect the interests of both buyers and sellers. (Grampian Animal Defence League)

• All dealers should be licensed to regulate the health and welfare of animals bred and traded for the purpose of financial gain. (Fife Council)

• Licensing of the sale of young puppies is an essential element of improving their welfare. (Dogs Trust)

• The indiscriminate breeder is responsible for most of the welfare problems before us today. The breeding of all animals should be allowed only under strict licence if we are to get on top of the welfare issues. The large number of back street breeders has led to the large numbers of welfare problems. It is too easy for overloaded zoos to sell their surplus stock to the public. (Mossburn Animal Sanctuary)

• The constant bearing of litters of kittens wears down the health of the mother. The un-neutered male cat often endures illness, injury or early death. Un-neutered cats and their off-spring endure much suffering. (Cat Action Trust 1977)

• To avoid the spread of disease that is common in young animals. (South Ayrshire Council)

• There are still concerns that puppies are sold outwith the present legislation and therefore to introduce laws to cover other species will only make a difference if the present ones work. All sales of companion animals should be licensed and this may stop some of the indiscriminate breeding that takes place either by accident and failure to neuter household pets or owners seeking to make profit from pets. (BVA Scottish Branch)

• Dog breeding establishments are presently regulated but in a lot of cases incompetently and this must be addressed at the same time. (Scottish Kennel Club)

• At present the licensing of dog breeding/rearing establishments is ineffectually regulated by local authorities. There are cases where premises have operated for almost a year with no enforcement. Before the current legislation is enforced there must be an improvement in the current licensing of breeding/rearing establishments. (WAG)

• Encourages the development of a mandatory licensing scheme for ownership of all captive animals. (IFAW)

(2) The trade should be regulated

• 5 organisations. (Aberdeenshire Council, Midlothian Council, The Brittany Club of Great Britain, Avon (Lanarkshire) Dog Agility Club, CAWC)

• 1 business. (Edelhof Kennels)

• 1 individual.

Reasons for the need to regulate the trade in young companion animals

Responders stated a number of reasons why they believed that the trade should be regulated. They also suggested that the existing legislation should be clarified and strengthened:

• Apart from pet shops and to a limited extent, dog breeders, the sale and supply of companion animals remains largely unregulated. The law relating to the sale of companion animals requires clarifying and strengthening. (CAWC)

• Recent court cases have highlighted the problems of the importation of large numbers of puppies from Ireland into Scotland for sale. Steps must be taken to regulate such bulk importations. (The Brittany Club of Great Britain)

• Dealers in all companion animals should be regulated either under the Pet Animals Act 1951 or new legislation. (Aberdeenshire Council)

• As a general principle, all commercial activities involving animals should be subject to some regulation. (individual)

(3) The trade in young companion animals should be banned

• 3 organisations. (The Bearded Collie Club of Scotland, Grampian Animal Defence League, West Lothian Animal Rights and Veggies)

• 5 Individuals.

Reasons why the trade in young companion animals should be banned

Responders, who were largely animal rights organisations, stated why they believed that the trade in young companion animals should be banned. Their comments largely referred to the importation of animals into the United Kingdom. A number expressed their views through strong language:

• Puppy farming should be prohibited. (individual)

• Puppy farming occurs legally within the United Kingdom. Scotland should be the first country in the United Kingdom to make this contemptible trade illegal. (2 individuals)

• There should be the complete abolition of puppy farming. There are disgraceful loopholes allowing such malpractice. (individual)

• There should be an outright ban on puppy farming and the import of puppies from Ireland. (Grampian Animal Defence League)

• The trade in puppies and kittens by dealers who purchase outside the United Kingdom should be banned. We already have plenty of puppies and kittens in the UK. (individual)

• Would like to see the importation of animals from outwith the United Kingdom banned, but failing this, then dealers should be tightly regulated. (The Bearded Collie Club of Scotland)

• Given recent reports on the conditions of some dog breeding establishments, strong consideration should be given to restricting, if not banning, the import of animals from such establishments outwith Scotland. Where welfare conditions do not meet Scottish standards, such imports should be banned. (West Lothian Animal Rights and Veggies)

• The sale of any pet animal through markets, the internet, mail order and media advertising, all of which are becoming increasingly popular, should be banned. (individual)

(4) No viewpoint stated

• A small number of organisations such as East Ayrshire Council and BASC Scotland did not specifically state a viewpoint but noted aspects of the proposals. Some of their comments are recorded in the following sections.

Question 7.2

Adequacy of the current legislation

As noted above, responders gave a number of reasons why they considered that the trade should be licensed, regulated, or banned. Some of these were theoretical considerations. However, responders also noted the ways in which the current legislation relating to breeding establishments in the Breeding and Sale of Dogs (Welfare) Act 1999 was either sufficient or deficient and the practical problems involved in working with this legislation. In particular, they considered that it was difficult to make complaints about badly reared puppies, the legislation was not enforced and was not broad enough in scope. Specific provisions also required to be clarified. A number of responders suggested how the legislation could be amended:

• The present legislation relating to the sale of puppies is unsatisfactory. That relating to dog breeders is confusing and, as the consultation paper highlights, there is no specific regulation of dealers. This situation needs to be addressed. Not only do such operators require to be regulated, either by licensing or regulation, but the principle should extend to the suppliers of other species. (individual)

• There are currently many loopholes in the dog breeding legislation. (LACORS)

• The Breeding and Sale of Dogs (Welfare) Act 1999 attempted to regulate puppy farming. We do not believe that it has any effect on helping the dogs in this trade. It gave puppy farmers some respectability as they became licensed. As a result, welfare organisations view these people as acceptable and the premises being satisfactory which they are not always. In many cases the public is not aware of puppy farms. Only when something happens to their puppy do they start to ask questions. (Hope UK)

• Puppy farmers, dealers and pet shops will always find a way round the paperwork. The puppy farmers will never be accountable. The costs of running such businesses are low. (Hope UK)

• Puppy farmers hide behind a licence. (Hope UK)

• It is difficult to make complaints about sick and badly reared puppies. Local councils always say 'well they are a licensed breeder'. (Hope UK)

• Current requirements of a local authority licence can do little to stop dealers and puppy farmers from prospering. Most buyers would have no idea that the licence gives them little protection. (individual)

• At present only breeders of dogs require licensing. The legislation is cumbersome both for licensee and local authorities. In addition, it is open to abuse concerning numbers of bitches, ages of bitches and numbers of litters. The legislation generates numerous complaints following up claims of unlicensed premises, eating into the resources of the local authorities. (South Ayrshire Council)

• Current legislation at present seems to lead to no convictions. (Scottish Utility Breeds Club)

• Local authorities do not stop this activity. (individual)

• Where there are investigations into the offending breeders under the present welfare provision, very little appears to be done. (individual)

• Even those already charged can leave court without a conviction. The law at present cannot be enforced. (Perthshire Canine Club)

• Recent cases of the Stranraer puppies show that current minimum (sic) fines are no deterrent. Raising the minimum fine and introducing periods of imprisonment as well as using a 'three strikes' system which will fast track bans on keeping animals for persistent offenders, need to be implemented to control the unwanted dog situation. (Greyhound Action Scotland)

• Some points regarding dog breeding establishments have been covered in the main consultation. However, many of the points could be addressed by updating the Acts. The Breeding and Sale of Dogs (Welfare) Act 1999, although welcome, was not robust enough and the Acts need to be re-drafted into one Act. The person who requires a licence to breed dogs should be clarified. A return to 'two or more litters a year and a licence is required' would be welcomed regardless of the eventual fate of puppies (show or pet). This would then take in pet owners and working dogs if more than two litters were produced. Although the Kennel Club are very helpful with details of registrations of litters, as an outside body, they are not a statutory regulator. To prevent many of the problems which occur at present, it would be helpful if all breeding bitches whose litters are registered with the Kennel Club were microchipped and the chip number supplied on the papers. At present, owners are required to keep records - this should be amended to require microchipping of the bitch and powers for local authority inspectors to scan the bitch to verify the records (powers of entry have been discussed previously). (Aberdeenshire Council, LACORS)

• The Breeding and Sale of Dogs (Welfare) Act 1999 does not go far enough in its scope. To turn it into enforceable legislation, it requires to be completely re-drafted, particularly in light of recent stories in the press regarding imported puppies. The Act refers to 'Scottish licensed rearing establishments', yet enquiries have failed to discover what these are, or where they are, and who licenses them. It remains common practice for one breeder to sell entire litters of weaned puppies to another breeder for onward sale. Puppies can also be passed to another breeder due to the inability of a bitch to rear a litter, and therefore the pups are passed to a surrogate mother. This ability needs to be retained, but the sale of 6-8 weeks old pups to another breeder must be regulated. (Central Scotland Police, LACORS)

• Need to clarify the definition of a breeding establishment as there has been some confusion caused by the definition in the Breeding and Sales of Dogs (Welfare) Act 1999 where any premises is included where dogs are bred as a business, that could be case with a single bitch. The Act goes on to make a presumptive test that five or more litters per year would be considered a business. Many breeders and breed associations have taken this to mean if they do not breed five litters per year they are exempt from the licensing requirements. (Angus Council)

• The 1991 amendment to the Breeding of Dogs Act 1973 altered the definition of a licensed breeding establishment in Scotland to include rearing establishments. The definition of a 'breeding establishment' now includes any premises where the business of rearing puppies for sale is carried out. Breeding establishments from outwith the jurisdiction of the Act can supply licensed rearing establishments in Scotland. (Scottish SPCA)

• Having been involved in discussions prior to the implementation of the Breeding and Sale of Dogs (Welfare) Act 1999, The Kennel Club has been left disappointed with certain parts of the legislation. We would therefore recommend, firstly, that the 'business test' element should be more specifically defined in order that it only captures those breeding for commercial gain. Secondly, and this would only be required if the previous recommendation is not adopted, the current prohibition on having more than one litter in 12 months catches out a large number of 'hobby' breeders, for instance, a bitch has just one puppy in a littler and the breeder wishes to have a second litter, which comes in at the 11_ months point. Ideally this clause would be left out of any new legislation, although should you wish it to remain then setting it at nine months would be more practical. The new clause would read along the lines of 'not to breed a litter from a bitch until nine months has elapsed from the previous litter', that would then prevent breeding at successive (six month) seasons but would allow two litters within a year for bitches that came in early. (The Kennel Club)

• The present legislation governing the breeding of dogs raises unnecessary difficulties in view of the definition of 'dog breeding business'. The distinction between breeding establishment and hobby breeder requires clarification and careful consideration to remove this confusion and enforcement difficulty. (City of Edinburgh Council)

• Farmers, keepers and shooting men breed from their bitches to keep their own line going. Many have to sell the surplus to other farmers, keepers or shooting men and sometimes also as pets or companion animals, if sufficient working homes are not available. Such occasional breeders should not be considered 'breeding establishments' nor obliged to be licensed in order to sell surplus puppies. (Family Farmers Association)

• The criteria for a person or organisation to be a licensed breeder and the fitness of their premises are beyond the scope of these proposals and are separate from any for a breeding establishment. In practical terms, a licence to breed relates to the scale of operation and is connected with health, welfare and conformity with laws regarding premises, whereas the definition of a breeding establishment as above embraces both licensed and non-licensed breeders. (Canine Crisis Council)

• At present the Breeding and Sale of Dogs (Welfare) Act 1999 imposes restrictions on the keepers of licensed breeding and riding establishments regarding the sale of dogs. Imposing restrictions on the purchase of dogs by them may be a way forward. (Midlothian Council)

• For the breeding and rearing of pups, the current use of a rearing establishment should be discontinued. The rearing establishment does not have the animal's welfare at heart as young pups could be subjected to long journeys for onward sale and risk of disease and infestation. (South Ayrshire Council)

• At present owners are required to keep records. This should be amended to require microchipping of the bitch and powers for local authority inspectors to scan the bitch to verify the records. (LACORS)

The scope of the establishments which trade in young companion animals that should be licensed

Responders considered the activities that should be brought within the scope of the licensing regime. They extended from animal traders and dealers, to anyone who sold or transferred animals for profit. They listed the types of premises that could sell animals, and those that should be prohibited. They also recorded the standards of operation that should be adopted by these different establishments:

• Anyone trading in animals requires to be licensed. (Fife Council)

• Strict animal welfare regulations should be placed on anyone trading in animals. (Lothian Cat Rescue)

• Any habitual form of trade in young companion animals should be licensed. Without it animals will undoubtedly suffer as corners will be cut to extract the maximum profit out of the enterprise by unscrupulous operators. (LACORS)

• Any persons selling animals in Scotland, wherever these animals might have been acquired, should be licensed. Companion animals sold by such traders should be covered by the same welfare regulations which apply to puppies sold from licensed dog breeding establishments. (Glasgow City Council)

• Anyone who purchases animals with the sole intention of reselling them should fall within the legislative umbrella. (Pets at Home)

• All animal breeders who sell any offspring on to another person or to a trade associated with the sale of animals should register with the local authority where they are based. In addition, no person shall be able to advertise for sale any offspring without disclosing the unique reference number supplied by the local authority. It should be an offence to do so and to strengthen this it should also be an offence for any publication to run an advertisement for young animals without detailing the vendors reference number. Likewise, all pet shops should record all vendors reference numbers. (South Ayrshire Council)

• Anyone who sells or transfers animals for profit should be licensed. This includes pet shops, breeders, local authority kennels and animal boarding establishments. Animal welfare charities and establishments that rehome animals over a certain number (say six) should also be licensed though at no charge as such establishments can vary greatly in standards. (The Vegetarian Society)

• The regulation is required in relation to dealers not only in dogs but in all animals as there are people who have a single motivating factor in their trade - money. Animal welfare comes well down their list of priorities. (Scottish Kennel Club)

• Kitten/puppy purchases should be restricted to licensed breeders and licensed rescue centres. Licensing systems should be administered by vets and other trained staff responsible to the Minister for Animal Welfare. (individual)

• Control should also apply to dog trials e.g. sheepdog, gundog or greyhound at which dogs are sometimes sold. (Canine Concern Scotland Trust)

• The sale of young animals purchased outwith the United Kingdom requires to be regulated and there are difficulties involved in this. (Midlothian Council)

• Welcome the regulation of the trade in puppies purchased by dealers outside the United Kingdom and then resold in Scotland and elsewhere in the United Kingdom. Welcome statement that it wishes to ensure that companion animals sold by dealers are covered by the same welfare regulations which apply to puppies sold from licensed dog breeding establishments. There should be a prohibition on a dealer selling a dog, otherwise than to a licensed pet shop or a licensed Scottish rearing establishment, to a buyer who knows or believes/intends that it should be resold. This would mirror one of the provisions in Section 8 of the Breeding and Sale of Dogs (Welfare) Act 1999. (Advocates for Animals)

• Any person who trades in animals whether imported into the United Kingdom or home bred should require to be licensed and their premises should meet the same standards imposed on licensed dog breeders and animal boarding establishments. (Aberdeenshire Council)

• The trade in the sale of young companion animals [by pet stores/retail outlets/breeders] needs to be licensed. (Cats Protection)

• The welfare of animals sold from pet shops should be covered as those sold from licensed breeding establishments. (Scottish Utility Breeds Club)

• Would welcome a ban on selling puppies in pet shops. Failing that, we would like to see that any establishment which sells puppies has a qualified member of staff who can competently advise on care and welfare - and also have a strict code of conduct. (Dumfries and Galloway Canine Rescue)

• Support the extension of the welfare regulations to animals sold by dealers. (individual)

• Companion animals sold by dealers should be covered by the same welfare regulations which apply to puppies sold from licensed dog breeding establishments. (Minches Hovawarts, Pets as Therapy, individual)

• A code of practice must also apply to dealers who must also be licensed and perhaps to a greater extent than breeders. (Scottish Kennel Club)

• Animal traders/dealers should be required to meet the standards relevant to the standards to dog breeders and new guidance should be introduced to cover other animals. (Fife Council)

• Dealers should be covered by the same welfare regulations which apply to puppies sold from licensed dog breeding establishments. (Fife Council)

• Companion animals sold by dealers should be covered by the same welfare regulations which apply to puppies sold from licensed dog breeding establishments. (The Royal Institute of Chartered Surveyors in Scotland, Perthshire Canine Club)

• Any such person should be licensed and the conditions should be similar to those applicable to boarding kennels and pet shops. (Munlochy Animal Aid)

• Strongly opposed to dealers selling puppies and recommend that pups should be obtained from their place of birth (i.e. breeder) or from a non-profit source (i.e. pet home or animal rescue). (Dog Aid Society of Scotland)

• Any breeding licence should include premises that should be the sole location of sale. This will avoid the horrific conditions often witnessed at 'pet fairs' and other inappropriate events and premises. (West Lothian Animal Rights and Veggies)

• There are cases where puppies are bred 'at home' but with such frequency that the person responsible is effectively a dealer and has little regard for the animal's welfare. The legislation set up to control this would have to take these people into account and have powers to do something about them. (individual)

• It would be disproportionate to insist on licences for breeders who sell a few specialist puppies or kittens from their breed lines in a year. (Scottish Association for Country Sports Workers)

• Appreciate concerns that have recently been raised relating to the trade in young puppies, especially these being brought in from outside Scotland. Unclear as to how far the licensing conditions in paragraph 21 will actually extend. A number of our members will sell puppies occasionally or intermittently. We know of no welfare reasons why such sales should be banned. (BASC Scotland)

• Would not like to see any alteration to the present legislation under which small breeders would require to be licensed, for example, breeders with less than three breeding bitches. We would not wish this to change as there is no doubt that these 'small' breeders are most caring, rearing their puppies as part of their family. (Perthshire Canine Club, Scottish Utility Breeds Club)

• There needs to be a change in the law that allows people in Scotland to be registered as 'rearers'. This would make it illegal for people to import puppies and sell them on after a short period of time (e.g. overnight) claiming that they are 'rearing' them. Removing 'rearers' would mean that all importations of puppies would become commercial transactions and should be covered by transport of animals legislation. (Scottish Centre for Animal Welfare Sciences)

• The ultimate goal of many dedicated hobbyists is to breed the animals in their care, either for the purpose of showing or out of pure interest and the quest for knowledge. The sale of companion animals by these people should only be licensed if it is part of a commercial operation. Licensing or otherwise regulating the sale of animals by hobby breeders or enthusiasts is not desirable. It will discourage pet ownership and restrict a person's freedom to pursue a legitimate and rewarding hobby. At worst, it will create a black market, the transport of animals to England where such restrictions may not exist or encourage euthanasia/abandonment. (Pets At Home)

• There is a need to deal with the concept of 'free to a good home'. The owners let the animals go to people they have never met before. (individual, Cat Action Trust 1977)

Licence conditions

Responders noted the conditions that should be included in a licence. These encompassed the scope of the licence, eligibility of applicants, disqualification from obtaining a licence, animal traceability, record keeping, the need to ensure animal welfare, animal housing, power and nature of enforcing bodies, inspections, restrictions on the number of animals kept at an establishment, and the frequency at which a bitch can be bred. Other suggestions included the placing of levies on breeding bitches, restrictions on the sale of animals, the regulation of advertisements, provision of advice for a new owner/keeper, rehoming unwanted pets, veterinary examination of animals before they are sold, and obligations on a new owner:

• Need to make clear what is, and what is not lawful and the practices which are permitted should be regulated to ensure that the welfare of the animals is not compromised. (CAWC)

• The Minister should be empowered to issue standards of modern practice. Local authorities would be required to attach those standards as conditions to any licence that they issued. Alternatively, the Bill could provide that the Minister's standards of modern practice apply to any licensed establishment carrying out the activity in question, i.e. the standards would apply directly to licensed establishments rather than through the mechanism of being attached as conditions to the licence. The local authority would still be free to add additional conditions which it believed to be necessary or expedient. (2 individuals)

• Only responsible persons with adequate facilities should be granted licences to deal in animals. (South Ayrshire Council)

• No one should be licensed to run such a business if they have been banned from keeping an animal at any stage or convicted of cruelty to animals. (The Vegetarian Society)

• The conditions of any licence must include the naming of a registered holding from which the business operates with a telephone number. (Central Scotland Police)

• Difficulty has been experienced in identifying breeding bitches and guidance is sought on this matter. (Fife Council)

• Restricting the number of breeding animals a 'dealer' may hold would be beneficial to the welfare of these animals and would assist in alleviating the numbers of unwanted animals. (West Lothian Animal Rights and Veggies)

• The animals should be obtained from traceable sources and not taken unsympathetically from the wild or conserved stocks. (Avon (Lanarkshire) Dog Agility Club)

• Licence holders should be required to prove that any puppies purchased by them come from a legitimate source which has ensured the welfare of the puppies concerned. (Midlothian Council)

• Any dealer must … be required to keep records of where and when his stock was obtained. (East Lothian Council)

• Anyone in Scotland acquiring a puppy for resale should comply with specific requirements for record keeping - to include the age and origin of all puppies brought in, the timing and location of transport pick up points and health status information. (Scottish SPCA)

• Records should be kept of the origin and movements of all animals to protect against disease. (IFAW)

• All necessary stock records must be made available for inspection. (East Lothian Council)

• Pet dogs, cats and other companion animals should come with a 'logbook' giving, where available, details of where and when the animal was born, its sex, the name and address of the breeder, the names of the parent animals and the names and addresses of the owners of those animals, the names and addresses of any third parties handling or owning the animal between breeder and final owner. It should also include the name of any vet who has examined the animal. It should hold details of any illnesses, injuries or parasite problems suffered by the animal plus the date and details of treatments given. The logbook should have space to log the pet's entire life including veterinary inspections, injections and treatments. This logbook would perhaps be the size of a small paperback book and could include information on how to care for the pet and the duties of the owner for the wellbeing of the animal and their responsibility to the community at large for the behaviour of their pet. It should also include information on the need for hygiene when dealing with pets and give details of the symptoms of any diseases which people can pick up from animals. The logbook would be paid for by the supplier of the animal who could perhaps offset the cost by commercial or charity sponsorship and advertising. (Animal Concern)

• A register of breeders and their litters along with microchip numbers should be recorded to enable traceability of the origin of each individual dog throughout their life. If the dog ends up abandoned at any time, the breeder should pay kennelling, neutering and veterinary treatment. All veterinary surgeons should check for microchips; any dog found by vets, police or dog wardens not microchipped should result in the owner facing a heavy fine. (Greyhound Action Scotland)

• There should be permanent identification of all animals by microchip. (IFAW)

• All companion animals should be microchipped with details of their origin and health details and the identity of the person they are sold to should be recorded in a register. (individual)

• Anyone in Scotland acquiring a puppy for resale should comply with specific requirements for permanent identification, ideally by microchipping. (Scottish SPCA)

• All breeders should have litters microchipped prior to rehoming and breeders, like racing greyhound owners, should be responsible for the dogs' welfare throughout their life. (Greyhound Action Scotland)

• Animals should be microchipped with details of the breeder. These can be updated when the pet goes to its owner. The detail of the microchip (number of the chip and details of the company responsible for the chip) must be entered in a logbook. We would also like to see legislation requiring owners to put, where practicable, a collar and engraved disc on their pet with the disc carrying the phone number of the owner and stating the animal is microchipped. (Animal Concern)

• Proposed that all dogs are made permanently identifiable to ensure that any dog can be linked to its owner. This proposal would reduce the deprivation and stress suffered by stray dogs and reduce the burden of stray dogs on local authority resources. (Canine Crisis Council)

• Licensing systems should be administered by vets and other trained staff responsible to the Minister for Animal Welfare. (individual)

• Although there are conflicts of interests, it may be appropriate for vets to notify breeches of licence conditions to the local authority. (Fife Council)

• It should be enforced by local authority officials who would only seek police assistance where necessary to stop vehicles etc. (ACPOS)

• There should be regular inspections of premises. (PAWSI)

• Spot checks should be carried out and they should be done unannounced, not by a warning a week beforehand that a premises will be inspected. In this way, the inspector would see the 'real' conditions animals are kept in. Any respectable breeder would have no objection to this as they would have nothing to hide. (CARROT)

• Dealers should make their premises open to inspection to the appropriate authorities without prior warning. (Munlochy Animal Aid)

• Inspections should be carried out by independent persons. This means that a veterinary surgeon could not conduct an inspection in respect of an establishment owned or run by a client of his/hers. Of those veterinary surgeons who have the necessary expertise to carry out inspections in each particular field, there would be one list of vets authorised to carry out inspections of pet shops and another list of those authorised to carry out inspections, for example, riding establishments, and so on. At the moment there is a very real problem that vets or other inspectors may not have the knowledge and expertise required to properly carry out a particular inspection. (2 individuals)

• Local authority officials should be properly trained in respect of each activity in which they carry out inspections or otherwise monitor compliance with the law. (2 individuals)

• Councils should have the powers to enter premises if there is knowledge of any transgressions and heavy fines should apply if anyone is found guilty. (individual)

• There should be a clear power of entry for local authorities or the police enabling them to enter any unlicensed premises where they have a reasonable belief that an activity requiring a licence is being carried out. (2 individuals)

• Local authorities should be given the power to enter unlicensed premises and seize the animals, and that inspection should be carried out by independent local authority veterinary practitioners. (individual)

• Need for local authorities to stop vehicles and inspect them. (individual)

• Need to have the sire or dam on the premises. Breeders should take an interest in their animals so that they are not simply breeding machines. (individual)

• Dealers should be limited in the number of species and breeds that can be bred in order to control and discourage puppy farms. (BVA Scottish Branch)

• There should be a limit on the number of litters a breeding bitch can have each year. (Grampian Animal Defence League)

• There should be legal restrictions on the number of litters (and puppies) produced by any one bitch over a given period. It will probably be difficult to restrict the number of litters that a 'tabby' can have. (individual)

• A nominal fee should be applied. For dog breeding, the fee should dramatically rise with each breeding bitch. This would have the effect of discouraging puppy farming. (South Ayrshire Council)

• A £500 fee should be levied yearly on each breeding bitch. (individual)

• There should be a limit on the number of times that the animal can be resold before it reaches the final owner. (IFAW)

• All licences need to be linked to qualifications and or experience with codes of welfare in place. (PAWSI)

• Pet shops, boarding and breeding establishments above a certain size should be subject to environmental health control with regard to food preparation, waste disposal and disinfection procedures. (Canine Concern Scotland Trust)

• Advertising standards in relation to the sale of dogs and other companion animals: If standards are to be introduced it will be important to ensure that they relate to all means of communication including the internet. (Canine Concern Scotland Trust)

• Any advertisement of the animals must include the address and the telephone number, in order that registration can be checked. Some form of compulsory identification scheme for the animals whereby ownership can be checked throughout their lifetime, would also assist in the problem of straying or abandoned animals, and would be desirable. (Central Scotland Police, LACORS)

• The practice of private individuals selling or advertising dogs should be at best abolished, or strictly controlled. (Greyhound Action Scotland)

• Action is needed to regulate breeders/dealers offering for sale in newspapers and periodicals or the internet, and the actual sale taking place at the purchaser's home or amongst all places in car parks, bus stations and motorway service areas. (Edelhof Kennels)

• Puppy farmers and back street breeders are able to advertise the animals they have for sale in newspapers, animal magazines and the internet. Those advertising animals for sale should be verified that they are caring and responsible people, that they are not selling in-bred or neglected animals. (individual)

• Similar to livestock, young companion or pet animals should be traceable and restrictions placed on where such animals can be sold. (West Lothian Animal Rights and Veggies)

• When any animal changes hands, both parties could be assigned a degree of responsibility, i.e. the seller taking reasonable steps to ensure the transaction will not be disadvantageous to the animal, while the buyer should be taking reasonable steps to be prepared for their future responsibilities. (individual)

• The vast majority of puppies are produced and sold by farmers who usually take care in vetting prospective buyers, give sound advice on rearing and offer continuing help after the puppy has gone to its new home. (individual)

• There would be merit in imposing a duty on any person who sells, gives, or otherwise transfers ownership of a companion animal to take all reasonable measures to satisfy themselves that the person who they make over the animal is aware of the needs of the animal and has appropriate facilities to meet these. (CAWC)

• In order to underpin the duty to ensure welfare, it should also be a requirement of those selling young companion animals to take reasonable steps to ensure that the welfare of those animals is not compromised as a result of the ignorance of the new owners. (2 individuals)

• It is important to make the public aware of the implications involved with purchasing pups from a dealer. (Dog Aid Society of Scotland)

• Should ensure the welfare of the animals concerned. (Falkirk Council)

• The dealer should comply with all the obligations of an owner/keeper for the animals in their care, including the physiological and behavioural needs. (Avon (Lanarkshire) Dog Agility Club)

• Dog and cat breeders must also be aware of their responsibility in accepting back unwanted dogs or cats rather than the progeny becoming strays at the expense of the public purse. This would bring about the downfall of puppy farms. As a breeder of dogs, I will take back puppies into my keeping as a measure of responsibility for them. (individual)

• It should be mandatory that anyone who breeds and or deals in animals must make contingency plans for taking back and being responsible for re-homing or keeping an animal from whom they make profit. They should contribute to any animal rescue/welfare group which takes on one of their animals. (individual)

• Anyone in Scotland acquiring a puppy for resale should comply with specific requirements for all puppies to be retained at the establishment for at least a week, so that any signs of disease can be addressed. (Scottish SPCA)

• Any ambiguity about animal welfare organisations providing animals in return for an agreed sum or a donation/charge needs to be considered. (Cats Protection)

• The licence should be granted under similar conditions for breeders. (individual)

• Should ensure the provision of adequate care and accommodation. (Catflap)

• The breeding of dogs should be carried out in an environment where the pup from birth is introduced to a domestic society. Therefore, we should encourage small breeders and discourage the large breeders and puppy farms. The present legislation is creating superfluous work. This proposed system would require some additional work but would be rewarded with a database of all companion animal breeders. This would ease the monitoring of businesses, and make the dissemination of information easier to those that require such information. (South Ayrshire Council)

• They should provide clean accommodation, appropriate for the size and species of the animals, and have a thorough knowledge of the animal's dietary and general welfare needs which, for mothers feeding young and for the young themselves, will be more specialised than the average owner would require. (individual)

• Living conditions should be provided to a set standard. (individual)

• Conditions placed on granting a licence should include the provision of adequate, clean housing for the animals, and care of parent animals and young. (Grampian Animal Defence League)

• Conditions of residence similar to those of a defined breeder should be applied. (Edelhof Kennels)

• In licensed breeding and boarding establishments and in animal sanctuaries we believe that there should be regulations for a minimum standard for kennel space and exercise space for each dog. The minimum standard should apply even if the owners of establishments organise walking of dogs outwith the confines of their establishment. (Canine Concern Scotland Trust)

• Cleansing and disinfection of these premises should be written into the licensing conditions as veterinary practitioners deal with many young dogs and pups suffering from infections and diseases moving in and out of their premises. (South Ayrshire Council)

• Any animals sold should be healthy and free of disease. (Grampian Animal Defence League)

• Anyone in Scotland acquiring a puppy for resale should comply with specific requirements for veterinary health checks on arrival at the establishment, with details to be added to the puppy's record. (Scottish SPCA)

• There should be a responsibility on the dealer to hold the animals for at least 10 days before selling on to new homes, in order to check for possible symptoms of incubated disease. (IFAW)

• Licence requirements should dictate that all animals are fit and healthy at the point of sale, ideally having been checked by a veterinary practitioner. This is the practice followed by many animal rescue charities. (Catflap)

• Veterinary checks should be made of the animals on arrival in Scotland. (IFAW)

• All animals should be inspected by vets before they can be sold. (individual)

• Suppliers should be required to have a vet examine animals in the 48 hours before sale to determine if they are fit for sale. The result of the vet's examination plus contact details of the vet would be entered in the logbook. (Animal Concern)

• Vaccinations should be up to date. (individual)

• Anyone in Scotland acquiring a puppy for resale should comply with specific requirements for vaccination, unless there is documentary evidence that this has already taken place. (Scottish SPCA)

• The transporting and kennelling methods should not be detrimental to the animals. (Avon (Lanarkshire) Dog Agility Club)

• There should be a limit on the age a puppy can be sold. (Dumfries and Galloway Canine Rescue)

• There should be minimum ages that animals can be separated from their mothers (eight weeks for puppies). (individual)

• The age limit on the sale of animals should be no less than seven weeks. (IFAW)

• There should be a minimum age at which young animals can be sold, and this would be species-appropriate according to weaning and socialisation periods. Dealers who sell animals below this age should have their licence revoked. (Scottish Centre for Animal Welfare Sciences)

• Young animals should not be sold until they are fully weaned nor separated from their mother at too early an age. (individual)

• It should be an offence to remove dogs from their mother under eight weeks of age without good veterinary reasons. Appropriate weaning/removal times should be specified for all pets. (Animal Concern)

• There should be a minimum age at which a puppy can be sold - eight weeks, but with veterinary certification some pups may be sold below this age limit. (Canine Concern Scotland Trust)

• The removal of nursing puppies and kittens from mothers should be prohibited unless it is deemed medically necessary. (West Lothian Animal Rights and Veggies)

• There is considerable merit in the requirement contained in article 6 of the European Convention for the Protection of Pet Animals, which provides that any person who selects a pet animal for breeding is under a responsibility to have regard to the anatomical, physiological and behavioural characteristics which are likely to put at risk the health and welfare of either the offspring or the female parent. However, CAWC urges that consideration should be given to extending the recently introduced provisions relating to the breeding of farm animals, so that it has general application. Thus, (a) natural or artificial breeding or breeding procedures which cause, or are likely to cause, suffering or injury to an animal shall not be practised. This shall not preclude the use of natural or artificial breeding procedures that are likely to cause minimal or momentary suffering or injury or that might necessitate interventions which would not cause serious or lasting injury; (b) It shall be the duty of any person who selects an animal for the purpose of breeding from it to have due regard to any anatomical, physiological, or behavioural characteristic apparent in the individual or the breeding line which is likely to put at risk the health or welfare of the offspring or the female parent; and (c) no domestic or captive animal shall be kept by a person unless it can reasonably be expected, on the basis of their genotype or phenotype, that they can be kept without detrimental effect on their health or welfare. However, for the avoidance of doubt, at least in relation to companion animals, the drafting of the provision should be amended if necessary so as unambiguously to encompass emerging and future developments in breeding technologies. (CAWC)

• Regulation making power should try to find a way to reduce the sheer number of animals being bred. (Advocates for Animals)

• When the public adopts a bitch or cat, people should be made aware of their responsibility in ensuring that unwanted litters are prevented and that a penalty might ensue for their lack of responsibility in this matter. (individual)

• New owners should be licensed, with an obligation to microchip, and sterilise/neuter their pet to avoid irresponsible breeding. (individual)

• Some method must be found to encourage the neutering of pet animals at an early age as there are far too many animals looking for too few homes. (individual)

• There is no legislation regarding the neutering of cats. It is easy for feral cat populations to build up from un-neutered domestic cats. (Cat Action Trust 1977)

• Codes of practice in line with those issued by the Scottish Kennel Club and most breed clubs could be examined and collated to provide a workable code of practice. (Scottish Kennel Club)

• Model of regulation presented in the CAWC report on animal welfare establishments may be applicable to some commercial undertakings e.g. dog breeders (and breeders of other species), animal suppliers and animal boarding establishments. (Mr Mike Radford)

Question 7.3 The definition of 'a dealer'

Responders suggested a number of definitions for 'a dealer'. Each of these have been given in full to suggest the complexity of some of the definitions. Aspects of these include a business element, reference to the act of trading, the reselling of animals, the number of animals kept and sold over a specific period, the number of breeds, and the selling of animals for profit or reward. A small number of responders noted that it would be difficult to devise a definition:

• It is considered that authorities which currently deal with puppy farming will be better placed to define the word 'dealer'. (West Lothian Council)

• A definition of dealers is likely to create difficulties. Numerical guidance may assist, for example supplying 20 animals over a two year period, or more than one litter from any animal over a three year period. This would provide more clarity on who is running a breeding establishment, enabling better control of the non-pedigree trade in animals. Difficulties in interpretation arise in other legislation as to defining a dealer operating as a business and so on, leading to a very large and very grey area. (North Ayrshire Council)

• A definition of 'dealer' is difficult to adequately define. However, a statutory requirement that all adverts for such animals are accompanied by a name and address and not just a phone number would assist in the identification and control procedures. If one looks only at animal welfare then all such animals should be included. However, it would be wrong to include those people who sell animals ancillary to their hobby. Only when it could be deemed a business should they be included. (Perth and Kinross Council)

• It should be defined in accordance with current legal requirements. In our opinion, it should be anyone who sells animals (as defined by the terms of the Act) either for financial gain or gain in kind. This should avoid the 'disposal' of pets in return of some arbitrary reward. The premises and the dealer should be licensed in the same way as with other licences granted by local authorities. It would be useful to compare this with other licensing regulations for similar roles and premises. (PDSA)

• Controls are needed regarding the definition of a dealer. This is an issue for Trading Standards. Unfortunately, they could not give any clear guidance as to how best to differentiate between an occasional private sale and a person who is dealing in animals on a commercial basis. As regards the welfare of animals, it would be consistent to require a general duty on all persons who sell an animal, but to only licence those who do so commercially and that, for ease of enforcement, a cut-off be agreed e.g. no more than one litter per year. (Stirling Council)

• It needs to be defined so that individuals could still bring one or two puppies into the United Kingdom. (The Brittany Club of Great Britain)

• There needs to be a clear difference established between a 'trader', 'dealer' and 'breeder' of dogs, cats or birds. (Scottish Association for Country Sports Workers)

• Someone who purchases and sells an animal. (The Royal Institute of Chartered Surveyors in Scotland)

• Any person buying and selling a dog or cat, puppies or kittens. (East Ayrshire Council)

• Someone who buys puppies to sell on. (individual)

• Any person buying or breeding any animals or birds for selling. (Munlochy Animal Aid)

• Any person who trades in any companion animal which he has bred or obtained for the purpose of resale. (Aberdeenshire Council)

• Anyone selling animals that were bred intentionally for sale or distribution. (Avon (Lanarkshire) Dog Agility Club)

• Anyone who procures and sells companion animals either as an agent or on behalf of others or as principal. (Scotlean Pigs)

• 'Any person, including a breeder as defined by [relevant section in the proposed Act], who sells or supplies an [animal] to another person, otherwise than a person who is not a breeder who sells or supplies an animal that he has bred himself'. Such a definition would catch anyone who buys animals in Scotland or abroad with a view to selling or supplying them to another person. It should not cover a person who breeds from his or her own pet. (Faculty of Advocates)

• Any person who 'offers for sale' or with the addition of 'any animal which they, themselves, have not bred'. (Edelhof Kennels)

• Anyone engaged in the selling, buying or exchanging of animals in the way of trade or business. (individual)

• Any person who is in trade or business. There is existing case law under the Trade Descriptions Act 1968 that clarifies this definition, particularly as to whether those who are indulging in a hobby would be caught. (City of Edinburgh Council)

• Someone who carries on the business of buying dogs for resale. A person should be treated as carrying on the business of buying dogs for resale if he/she during any period of 12 months buys for resale or sells a total of four or more puppies. (Section 7 of the Breeding and Sale of Dogs (Welfare) Act 1999). (Advocates for Animals)

• Any person who carries on the trade, that is the buying and selling of animals for profit or reward. (The Bearded Collie Club of Scotland)

• Any individual or group who takes part in the transfer of the keeping of an animal or animals from an individual or group to another individual or group, when such transfer involves financial exchange, whether there is financial gain or loss. (Cat Action Trust 1977)

• A person who is engaged in buying and selling of animals in the course of business or trade. (North Lanarkshire Council)

• A person carrying on a business as a dealer in companion animals. The term 'companion animals' has to be defined. (Fife Council)

• Any person or organisation, who, or which, arranges the purchase and sale of companion animals as a business for profit. (Canine Concern Scotland Trust)

• A person who buys, breeds and/or sells animals with a view to making a profit from the transactions. (Fife Council)

• Any person who sells a companion animal for profit (not just covering reasonable expenses). (Scottish Centre for Animal Welfare Sciences)

• Anyone trading in animals for financial profit. (Catflap)

• Anyone who profits from the sale of animals. (Grampian Animal Defence League)

• Those who derive their main or a major part of their income from the sale or maintenance of animals. (Scottish Association for Country Sports Workers)

• A person or persons who purchase animals with the purpose of selling them in a short period of time, usually at a profit. (Dogs Trust)

• A person/company who purchases or acquires an animal with the purpose or intention of offering that animal for sale within a short time (e.g. six months of acquisition). (individual)

• Anyone who purchases stock for resale to either trade or the public. (East Lothian Council)

• Anyone buying or selling, or having in their possession, more young or companion animals that can reasonably be produced by the pets, or in the latter case, be expected to be kept by, the average household. (Dumfries and Galloway Council)

• A non-owner of the parents. Several different breeds. (ACTA)

• One who does not own the parents of the young animals they offer for sale. (individual)

• Any person who collects litters or multiples of species to sell on but who does not own the female parent. (PAWSI)

• Could include anyone selling animals not bred by him or selling animals bred by him where he has five or more bitches. (Highland Council)

• Any individual selling more than a certain number of young pet animals over a given period of time would be considered a dealer and would have to be licensed. (individual)

• Anyone who breeds animals for sale, be it only from one bitch, or queens. (individual)

• Anyone who sells whole litters as one, breeds more than two litters a year in any one breed. Owns more than three breeding bitches, whether in a different breed or not and breeds yearly with them. This does not include spayed older bitches/dogs. (Minches Hovawarts)

• Any person whose trade or business regularly includes the selling of companion animals purchased, obtained or kept by that person for the purpose of resale and includes the selling of animals bred by that person where they have five or more breeding animals or equivalent. (Central Scotland Police, LACORS )

• Anyone why buys or produces more than two litters in one year. (South of Scotland Wildlife Hospital)

• Should also be defined to include the various stages of the trade e.g. breeding, boarding, transport, sale etc. (Glasgow City Council)

• Should include companion animal rearers as there are many puppy rearers in existence at present who would not be caught by this scheme. (LACORS)

Other definitions

A small number of responders also offered a definition for 'breeder', 'commercial breeder', 'licensed breeding establishment' and 'puppy farmer'. They noted the importance of defining these terms and their relationship with 'dealers':

• A definition of 'breeder' would be critical to the application and would require careful thought. (East Ayrshire Council)

• A 'breeder' is anyone engaged in the breeding of animals in the way of trade or business, including the practices of artificial insemination and in the collection of sperm for sale. (individual)

• A 'breeder' will, no doubt be defined for the purpose of licensing. It should be included in the definition of dealer, although they may perhaps be allowed to sell or supply animals in terms of their breeders licence. (Faculty of Advocates)

• A 'commercial breeder' should be defined as a person who breeds purely for sale and does not exhibit or otherwise compete with their dogs. (Edelhof Kennels)

• The 1991 amendment to the Breeding of Dogs Act 1973 altered the definition of a licensed breeding establishment in Scotland to include rearing establishments. The definition of a 'breeding establishment' now includes any premises where the business of rearing puppies for sale is carried out. Breeding establishments from outwith the jurisdiction of the Act can supply licensed rearing establishments in Scotland. (Scottish SPCA)

• A 'puppy farmer' should be defined as a commercial breeder offering a number of different breeds on a continuous basis. (Edelhof Kennels)

Question 7.4 The extension of the present regulations of dog breeding establishments to cats

Responders generally noted that they agreed with the proposal. However, one responder noted their disagreement:

(1) Agree to extension of the current regulations

• 33 organisations. (Aberdeenshire Council, Angus Council, City of Edinburgh Council, East Ayrshire Council, East Lothian Council, Highland Council, North Lanarkshire Council, West Lothian Council, Dumfries and Galloway Constabulary, The Royal Institute of Chartered Surveyors in Scotland, Scottish SPCA, Advocates for Animals, IFAW, West Lothian Animal Rights and Veggies, Pets as Therapy, BVA Scottish Branch, South of Scotland Wildlife Hospital, Ark Veterinary Group, Vetwork UK, PDSA, Grampian Animal Defence League, Scottish Kennel Club, Avon (Lanarkshire) Dog Agility Club, Inverclyde Dog Training Club, The Brittany Club of Great Britain, Perthshire Canine Club, Canine Concern Scotland Trust, Cats Protection, Cat Action Trust 1977, Catflap, PAWSI, ACTA, Scottish Agricultural College,)

• 1 business. (Minches Hovawarts)

• 7 individuals.

(2) Disagree with the extension of the current regulations

• 1 organisation. (Scottish Agricultural College)

Extent of the support of the proposals

A small number of responders noted their level of support of the proposal, and gave reasons for their agreement:

• Would be sensible. (Angus Council)

• Most certainly agree. (Pets as Therapy)

• A natural and equitable extension of the legislation. (West Lothian Council)

• There is sound reason to include cats in the same type of breeding licensing used for dogs (with their own standards of course). (PAWSI)

• The increasing cat population over the present falling dog population should be controlled with respect to breeding. (BVA Scottish Branch)

• Due to the success of cat neutering schemes, pedigree kittens are becoming difficult to obtain. This has led to an explosion in the number of people breeding and dealing in the number of pedigree cats and kittens. As is the case with dogs, these animals can be sold for hundreds of pounds each and this trade must be put on an equal footing with dog breeding. The IEHO guidelines for breeding/boarding kennels and catteries could be adopted and adapted for these premises. (Aberdeenshire Council)

• In England official dog breeding establishments are to be registered with a local council but pedigree cat breeders are not statutorily obliged to obtain a licence. This should be remedied throughout the United Kingdom. (individual)

• If there is evidence to suggest that there are serious welfare problems in respect of cat breeding then this should be regulated but the legislation should be extended to protect all susceptible animals. (North Lanarkshire Council, Highland Council)

Reasons for disapproval of the extension of the proposal

• Superficially there is a valid argument to extend the existing legislation regulating the breeding and sale of dogs to include cats. However, we believe that the regulations on breeding dogs were originally introduced to deal with nuisance (e.g. from smell and noise) caused by dogs kept in large numbers in inappropriate accommodation, in inappropriate locations. Cats are less likely to cause such nuisance because of their nature. However, feral cats can occur in large numbers on farms. Legislations which stipulated that someone keeping more than a specific number of breeding female cats required to have a licence would create practical difficulties with regard to these feral colonies of cats. Feral colonies may not be owned by any one specific person and there will be no records of the number of breeding female cats. This legislation does not extend to include breeding cats. Little benefit would be obtained from registering pedigree cat breeders and effecting legislative control over feral cats would appear to be problematic. (Scottish Agricultural College)

Question 7.5 The extension of the current regulations to include other companion or domestic animals such as birds

Responders generally noted their agreement to the proposal. One responder stated that they disagreed with the extension of the scope of the regulation:

Agree to extension of the present regulations

• 36 organisations. (City of Edinburgh Council, East Ayrshire Council, East Lothian Council, Fife Council, Glasgow City Council, Highland Council, North Ayrshire Council, North Lanarkshire Council, South Ayrshire Council, ACPOS, The Royal Institute of Chartered Surveyors in Scotland, RCVS, South of Scotland Wildlife Hospital, Vetwork UK, Scottish Centre for Animal Welfare Sciences, ACTA, PAWSI, Scottish SPCA, Advocates for Animals, Grampian Animal Defence League, IFAW, The Vegetarian Society, West Lothian Animal Rights and Veggies, WAG, Dog Aid Society of Scotland, Inverclyde Dog Training Club, Kirkwall Dog Training Club, Avon (Lanarkshire) Dog Agility Club, The Brittany Club of Great Britain, Scottish Kennel Club, Canine Concern Scotland Trust, CARROT, Lothian Cat Rescue, Cats Protection, Catflap, Cat Action Trust 1977)

• 6 individuals.

Comments on the extent of the extension of the present regulations

A number of responders commented on the need to extend the present regulations. They noted the species of animals that should be brought under the new regulations. In some cases these were species specific, though in others they extended to all animals bred for domestic pets. Responders also noted problems that would be encountered in extending the proposal. Not all of these responders specifically stated that they agreed to the extension of the present regulations:

• Any type of animal. (East Ayrshire Council)

• In an ideal world it should extend to all animals as defined at the beginning of the document. However, licensing of premises and breeders would be difficult to administer if it extended to amateur breeders of small pets, such as mice and guinea pigs. 'Specialist' pets such as tortoises already have legislation regarding their breeding (CITES Licensing and Bird registration). (PDSA)

• All animals bred for the domestic market. (individual)

• Should introduce a power for the Minister to make regulations for establishments breeding any species, including the power to require them to be licensed by the local authority. (Advocates for Animals)

• It would be worth considering other companion animals under similar regulations as poor welfare and conditions are a significant cause of illness in newly purchased young companion animals, be they budgies or rabbits, cats or dogs. (West Lothian Animal Rights and Veggies)

• Cats, birds, rabbits and all young companion animals for sale. (WAG)

• Birds, reptiles, and other mammals such as rabbits, rodents and chinchillas. (The Vegetarian Society)

• Include birds, rabbits, guinea pigs etc. (Fife Council)

• Birds bred for sale should be included. (Grampian Animal Defence League)

• There is a large trade in exotic birds. The breeding of these animals should be regulated. There is a risk of zoonoses from these animals. (North Lanarkshire Council)

• Similar licensing should be considered for reptiles and pet birds. There are now a number of parrot farmers operating, at variable levels. (PAWSI)

• Extension to other companion or domestic animals such as birds. This would be difficult to police for birds. Anyone with hundreds of birds (which many fanciers have) must get rid of the surplus. These are sold to pet shops etc. They would then be the dealers. (Minches Hovawarts)

• There would be a difficulty in suddenly increasing the number of establishments to include all small bird cage owners and pigeon fanciers. (Scotlean Pigs)

• It will help control the illegal trade in protected avian species. (The Royal Institute of Chartered Surveyors in Scotland)

• Whether or not to extend this legislation to other companion or domestic animals would require some clarification of threshold numbers of breeding stock. (individual)

Do not agree with the proposal to extend the scope of the regulation

One organisation, the Scottish Agricultural College, suggested why it did not agree with the proposal to extend the scope of the legislation. It suggested that 'equally we question whether there would be any benefit to welfare of birds kept in pigeon lofts or aviaries from extending the current breeding establishment legislation to these establishments. In our experience the majority of keepers of these species are knowledgeable and keep their animals to a very high level of health and welfare. Welfare problems are more common among birds kept individually in cages'.

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