Companion Animal Breeding Legislation Flashcards

1
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 1

A

SCHEDULE 1 — Licensable activities
• PART 1 — Business test
• PART 2 — Selling animals as pets
• PART 3 — Providing or arranging for the provision of boarding for cats or dogs • PART 4 — Hiring out horses
• PART 5 — Breeding dogs
• PART 6 — Keeping or training animals for exhibition

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2
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 2

A

SCHEDULE 2 — General conditions

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3
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 3

A

• SCHEDULE 3 — Specific conditions: selling animals as pets

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4
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 4

A
  • SCHEDULE 4 — Specific conditions: providing boarding for cats or dogs
  • PART 1 — Providing boarding for cats
  • PART 2 — Providing boarding in kennels for dogs
  • PART 3 — Providing home boarding for dogs
  • PART 4 — Providing day care for dogs
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5
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 5

A

Specific conditions: hiring out horses

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6
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 6

A

• SCHEDULE 6 — Specific conditions: breeding dogs

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7
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 7

A

• SCHEDULE 7 — Specific conditions: keeping or training animals for exhibition

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8
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 8

A

• SCHEDULE 8 — Persons who may not apply for a licence

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9
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 9

A

• SCHEDULE 9 — Repeals and consequential amendments

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10
Q

The Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018 schedule 10

A

• SCHEDULE 10 — Revocations and consequential amendments

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11
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 1 — Licensable activities
• PART 1

A

Business Test

  1. The circumstances which a local authority must take into account in determining whether an activity is being carried on in the course of a business for the purposes of this Schedule include, for example, whether the operator—
    (a) makes any sale by, or otherwise carries on, the activity with a view to making a profit, or
    (b) earns any commission or fee from the activity.
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12
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 1 — Licensable activities
• PART 2

A

selling animals as pets

  1. Selling animals as pets (or with a view to their being later resold as pets) in the course of a business including keeping animals in the course of a business with a view to their being so sold or resold.
    * *covers any pet animal breeder who sells direct to the public or to pet shops**
  2. The activity described in paragraph 2 does not include—
    (a) selling animals in the course of an aquacultural production business authorised under regulation 5(1) of the Animal Health (England and Wales) Regulations 2009(a),
    or
    (b) the activity described in paragraph 8.
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13
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 1 — Licensable activities
• PART 5

A

Breeding dogs
8. Either or both of the following—
(a) breeding three or more litters of puppies in any 12-month period; (b) breeding dogs and advertising a business of selling dogs.
9. The activity described in paragraph 8 does not include—
(a) keeping a dog on any premises pursuant to a requirement imposed under, or
having effect by virtue of, the Animal Health Act 1981,
(b) breeding only assistance dogs or dogs intended to be used as assistance dogs
within the meaning of section 173 of the Equality Act 2010(c),
(c) breeding three or more litters of puppies in any 12-month period if the person carrying on the activity provides documentary evidence that none of them have been sold (whether as puppies or as adult dogs).

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14
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

• Licence display

A

1.—(1) A copy of the licence must be clearly and prominently displayed on
any premises on which the licensable activity is carried on.
(2) The name of the licence holder followed by the number of the licence holder’s licence must be clearly and prominently displayed on any website used in respect of the licensable activity.

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15
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Records

A
  1. —(1) The licence holder must ensure that at any time all the records that the licence holder is required to keep as a condition of the licence are available for inspection by an inspector in a visible and legible form or, where any such records are stored in electronic form, in a form from which they can readily be produced in a visible and legible form.
    (2) The licence holder must keep all such records for at least three years beginning with the date on which the record was created.
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16
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Use, number and type of animal

A
  1. —(1) No animals or types of animal other than those animals and types of animal specified in the licence may be used in relation to the relevant licensable activity.
    (2) The number of animals kept for the activity at any time must not exceed the maximum that is reasonable taking into account the facilities and staffing on any premises on which the licensable activity is carried on.
17
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

• Staffing

A

4.—(1) Sufficient numbers of people who are competent for the purpose must be available to provide a level of care that ensures that the welfare needs of all the animals are met.

(2) The licence holder or a designated manager and any staff employed to care for the animals must have competence to identify the normal behaviour of the species for which they are caring and to recognise signs of, and take appropriate measures to mitigate or prevent, pain, suffering, injury, disease or abnormal behaviour.
(3) The licence holder must provide and ensure the implementation of a written training policy for all staff.

18
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Suitable environment

A
  • Follows five needs
  • Cleaning protocol
  • Handling
  • Light levels for work and observation
19
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Monitoring of behaviour and training of animals

A
  • Enrichment provision
  • Exercise opportunities
  • Changes in behaviour
  • Training methods • Immature animals
  • Interaction with people and conspecifics • Habituation – noise, objects, etc.
20
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Animal Handling and interactions

A
  • Staff competency
  • Housing – singly or in compatible groups
  • Daily opportunity to interact with people
21
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Protection from pain, suffering, injury and disease

A
  • Written procedures must be in place for:
  • Feeding, cleaning, transportation
  • Prevention of, and control of disease spread
  • Monitoring and ensuring health and welfare
  • Death of escape of animal (including carcass storage)
  • All people must be made aware of procedures
  • Isolation facilities
  • Precautions or prevent and control spread of disease
  • Excreta and soiled bedding must be stored and disposed in hygienic manner
  • Sick or injured must see vet promptly
  • Preventative treatment
  • Register with vet
  • Correct storage of medicines
  • Safe and suitable cleaning products
  • No person may euthanase except vet or under vet direction - Fish and horses – SQP
  • All animals checked daily, more frequently if there is signs of problem
  • Any signs of ill health, injury, abnormal behavior, disease, must be recorded and vet advice if necessary
22
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018
• SCHEDULE 2 General conditions

Emergencies

A
  • Written plan, acceptable to LA
  • Details of emergency measures for extrication of animals
  • External doors and gates must be lockable
  • Designated key holder must at all times be within reasonable travel distance of premises
23
Q

The Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 3 – Specific conditions: selling animals as pets
• Interpretation

A
    1. In this Schedule—
  • “prospective owner” means a person purchasing an animal to keep or to be kept as a pet;
  • “premises” means the premises on which the licensable activity of selling animals as pets (or with a view to their being later resold as pets) is carried on;
  • “purchaser” means a person purchasing an animal to keep as a pet or with a view to it later being resold as a pet.
24
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 3 – Specific conditions: selling animals as pets

• Records and advertisements

A

• 2.—(1) A register must be maintained for all the animals or, in the case of fish, all
the groups of fish, on the premises which must include — (a) the full name of the supplier of the animal,
(b) the animal’s sex (where known),
(c) (except in the case of fish) the animal’s age (where known),
(d) details of any veterinary treatment (where known),
(e) the date of birth of the animal or, if the animal was acquired by the licence holder, the date of its acquisition,
(f) the date of the sale of the animal by the licence holder, and (g) the date of the animal’s death (if applicable).

• (2) Where an animal is undergoing any medical treatment— (a) this fact must be clearly indicated—

(i) in writing next to it, or
(ii) (where appropriate) by labelling it accordingly, and
(b) it must not be sold.

3) Any advertisement for the sale of an animal must—
(a) include the number of the licence holder’s licence,
(b) specify the local authority that issued the licence,
(c) include a recognisable photograph of the animal being advertised,
(d) (except in the case of fish) display the age of the animal being advertised, (e) state the country of residence of the animal from which it is being sold, and (f) state the country of origin of the animal.

25
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 3 – Specific conditions: selling animals as pets

• Prospective sales: pet care and advice

A

1) The licence holder and all staff must ensure that any equipment and accessories being sold with an animal are suitable for the animal.

(2) The licence holder and all staff must ensure that the prospective owner is provided with information on the appropriate care of the animal including in relation to—
(a) feeding,
(b) housing,
(c) handling,
(d) husbandry,
(e) the life expectancy of its species,
(f) the provision of suitable accessories, and (g) veterinary care.

(3) Appropriate reference materials on the care of all animals for sale must be on display and provided to the prospective owner.
(4) The licence holder and all staff must have been suitably trained to advise prospective owners about the animals being sold.
(5) The licence holder and all staff must ensure that the purchaser is informed of the country of origin of the animal and the species, and where known, the age, sex and veterinary record of the animal being sold.

26
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 3 – Specific conditions: selling animals as pets

• Suitable accommodation

A

4.—(1) Animals must be kept in housing which minimises stress including from
other animals and the public.
(2) Where members of the public can view or come into contact with the animals, signage must be in place to deter disturbance of the animals.

(3) Dangerous wild animals (if any) must be kept in cages that are secure and lockable and appropriate for the species.
(4) For the purposes of sub-paragraph (3), “dangerous wild animal” means an animal of a kind specified in the first column of the Schedule to the Dangerous Wild Animals Act 1976(a).

27
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 3 – Specific conditions: selling animals as pets

• Purchase and sale of animals

A

5.—(1) The purchase, or sale, by or on behalf of the licence holder of any of the following is
prohibited—
(a) unweaned mammals;
(b) mammals weaned at an age at which they should not have been weaned; (c) non-mammals that are incapable of feeding themselves;
(d) puppies, cats, ferrets or rabbits, aged under 8 weeks.
(2) The sale of a dog must be completed in the presence of the purchaser on the premises.

28
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 3 – Specific conditions: selling animals as pets

• Protection from pain, suffering, injury and disease

A
  1. —(1) All animals for sale must be in good health.
    (2) Any animal with a condition which is likely to affect its quality of life must not be moved, transferred or offered for sale but may be moved to an isolation facility or veterinary care facility if required until the animal has recovered.

(3) When arranging for the receipt of animals, the licence holder must make reasonable efforts to ensure that they will be transported in a suitable manner.
(4) Animals must be transported or handed to purchasers in suitable containers for the species and expected duration of the journey.

29
Q

Guidance Notes on Animal Welfare (Licensing of Activities

Involving Animals) (England) Regulations 2018

A

• DEFRA has produced guidance notes which form the basis of the inspectors report
The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
Guidance notes for conditions for selling animals as pets November 2018
Available on the learning hub

  • The document outlines conditions that must be complied with in order to be granted a licence
  • In order to be granted a licence all minimum standards must be adhered to
  • Businesses are encouraged to adhere to higher standards
  • A business that meets higher standards will be able to gain 4 or 5 star rating in the Animals Activity Star Rating System
  • This allows businesses to qualify for longer licence and thereby pay a lower licence fee
  • Whilst applying higher standards is optional, certain standards are required to obtain higher star rating

• This means that in order to obtain 4 or 5 stars the business must meet all required standards for higher standards
• AND 50% of the optional higher standards
• Please see page 83 within guidance notes for required and optional
standards

30
Q

Fees for licensing as stated in Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

A
Selling animals as pets > 10 new £553.00
Initial application fee £359.45
Fee due after licence granted £193.55
Breeding for dogs > 10 new £587.00
Initial application fee £399.16
Fee due after licence granted £187.84
31
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 6 Regulation 2
Specific conditions: Breeding Dogs

Advertisements and sales

A

• 1.—(1) The licence holder must not advertise or offer for sale a dog—
• (a) which was not bred by the licence holder;
• (b) except from the premises where it was born and reared under the licence; • (c) otherwise than to—
(i) a person who holds a licence for the activity described in paragraph 2 of Schedule 1; or
(ii) a keeper of a pet shop in Wales who is licensed under the Pet Animals Act 1951
(a) to keep the shop, knowing or believing that the person who buys it intends to sell it or intends it to be sold by any other person.

(2) Any advertisement for the sale of a dog must—
(a) include the number of the licence holder’s licence,
(b) specify the local authority that issued the licence,
(c) include a recognisable photograph of the dog being advertised, and (d) display the age of the dog being advertised.
(3) The licence holder and all staff must ensure that any equipment and accessories being sold with a dog are suitable for it.
(4) The licence holder and all staff must ensure that the purchaser is informed of the age, sex and veterinary record of the dog being sold.
(5) No puppy aged under 8 weeks may be sold or permanently separated from its biological mother.
(6) A puppy may only be shown to a prospective purchaser if it is together with its biological mother.
(7) Sub-paragraphs (5) and (6) do not apply if separation of the puppy from its biological mother is necessary for the health or welfare of the puppy, other puppies from the same litter or its biological mother.

32
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 6 Regulation 2
Specific conditions: Breeding Dogs

Suitable environment

A

2.—(1) Each dog must have access to a sleeping area which is free from draughts
and an exercise area.
(2) Each dog must be provided with sufficient space to—

(a) stand on its hind legs,
(b) lie down fully stretched out,
(c) wag its tail,
(d) walk, and
(e) turn around, without touching another dog or the walls of the sleeping area.

(3) The exercise area must not be used as a sleeping area.
(4) Part or all of the exercise area must be outdoors.
(5) There must be a separate whelping area for each breeding bitch to whelp in which contains a suitable bed for whelping.
(6) Each whelping area must be maintained at an appropriate temperature (between and including 26 and 28 degrees centigrade) and include an area which allows the breeding bitch to move away from heat spots.
(7) Each dog must be provided with constant access to a sleeping area.
(8) A separate bed must be provided for each adult dog.
(9) No puppy aged under 8 weeks may be transported without its biological mother except—
(a) if a veterinarian agrees for health or welfare reasons that it may be so transported, or
(b) in an emergency.
(10) No breeding bitch may be transported later than 54 days after the date of successful mating except to a veterinarian
(11) No breeding bitch may be transported earlier than 48 hours after whelping except to a veterinarian where it is not otherwise practicable or appropriate for that person to attend to the bitch.
(12) Each dog’s sleeping area must be clean, comfortable, warm and free from draughts.
(13) In this paragraph, “exercise area” means a secure area where dogs may
exercise and play.

33
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 6 Regulation 2
Specific conditions: Breeding Dogs

Suitable diet

A
  1. Staff must—
    (a) ensure that each puppy starts weaning as soon as it is capable of ingesting feed on its own,
    (b) provide each breeding bitch with feed appropriate to its needs,
    (c) provide each puppy with feed appropriate for its stage of development, and
    (d) ensure that each puppy ingests the correct share of the feed provided.
34
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 6 Regulation 2
Specific conditions: Breeding Dogs

Monitoring of behaviour and training

A

4.—(1) The licence holder must implement and be able to demonstrate use of a
documented socialisation and habituation programme for the puppies.
(2) Each dog must be provided with toys or feeding enrichment (or both) unless advice from a veterinarian suggests otherwise.
(3) Except in the circumstances mentioned in sub-paragraph (4), all adult dogs must be exercised at least twice daily away from their sleeping area.

(4) Where a veterinarian has advised against exercising a dog, the dog must be provided with alternative forms of mental stimulation.
(5) Any equipment that a dog is likely to be in contact with and any toy provided must not pose a risk of pain, suffering, disease or distress to the dog and must be correctly used.

35
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 6 Regulation 2
Specific conditions: Breeding Dogs

Housing with or apart from other dogs

A

5.—(1) Each adult dog must be provided with opportunities for social contact with
other dogs where such contact benefits the dogs’ welfare.
(2) Each adult dog must be given suitable and adequate opportunities to become habituated to handling by people

(3) Procedures must be in place for dealing with dogs that show abnormal behaviour.
(4) There must be an area within each sleeping area in which dogs can avoid seeing people and other dogs outside the sleeping area if they so choose.

36
Q
Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018

Schedule 6 Regulation 2
Specific conditions: Breeding Dogs

Protection from pain, suffering, injury and disease

A
  1. —(1) All dogs for sale must be in good health.
    (2) Any dog with a condition which is likely to affect materially its quality of life must not be moved, transferred or offered for sale but may be moved to an isolation facility or veterinary care facility if required until it has recovered.
    (3) The licence holder must ensure that no bitch—
    (a) is mated if aged less than 12 months;
    (b) gives birth to more than one litter of puppies in a 12-month period; (c) gives birth to more than six litters of puppies in total;
    (d) is mated if she has had two litters delivered by caesarean section.
    (4) The licence holder must ensure that each puppy is microchipped and registered to the licence holder before it is sold.
    (5) No dog may be kept for breeding if it can reasonably be expected, on the basis of its genotype, phenotype or state of health that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring.
    (6) The health, safety and welfare of each dog must be checked at the start and end of every day and at least every four hours during the daytime.
    (7) Breeding bitches must be adequately supervised during whelping and the licence holder must keep a record of—
    (a) the date and time of birth of each puppy, (b) each puppy’s sex, colour and weight,
    (c) placentae passed,
    (d) the number of puppies in the litter, and (e) any other significant events.
    (8) The licence holder must keep a record of each puppy sale including—
    (a) the microchip number of the puppy, (b) the date of the sale, and
    (c) the age of the puppy on that date.
    (9) The licence holder must keep a record of the following in relation to each breeding dog—
    (a) its name,
    (b) its sex,
    (c) its microchip and database details,
    (d) its date of birth,
    (e) the postal address where it normally resides,
    (f) its breed or type,
    (g) its description,
    (h) the date or dates of any matings, whether or not successful, (i) details of its biological mother and biological father,
    (j) details of any veterinary treatment it has received, and
    (k) the date and cause of its death (where applicable).
    (10) In addition to the matters mentioned in sub-paragraph (7), the licence holder must keep a record of the following in relation to each breeding bitch—
    (a) the number of matings,
    (b) its age at the time of each mating,
    (c) the number of its litters,
    (d) the date or dates on which it has given birth, and (e) the number of caesarean sections it has had, if any.
    (11) Unless the licence holder keeps the dog as a pet, the licence holder must make arrangements for any dog no longer required for breeding to be appropriately rehomed.
    (12) A preventative healthcare plan agreed with the veterinarian with whom the licence holder has registered under paragraph 9(8) of Schedule 2 must be implemented.
    (13) The licence holder must keep a record of any preventative or curative healthcare (or both) given to each dog.
    (14) Where any other activity involving animals is undertaken on the premises on which the licensable activity of breeding dogs is carried on, it must be kept entirely separate from the area where that licensable activity is carried on.
37
Q

The Pet Advertising Advisory Group (PAAG)

A
  • In 2001 the Pet Advertising Advisory Group (PAAG) was established in response to the growing number of online animal exchanges and sales.
  • More and more people search for their new pet online, contact the advertiser directly and then visit their home to collect.

• Sadly this led to large number of illegal and/or inappropriate advertisements and exchanges. In response PAAG and Defra worked together to produce minimum standards and in 2013 they were officially endorsed by the Government.

• Advisory group made up of animal welfare organisations, trade associations and veterinary bodies. Defra, DAERA in Northern Ireland, the Welsh Government and the Scottish Government have endorsed PAAG’s work to promote responsible pet advertising.
• They aim to:
• Ensure that where pet animals are advertised for sale this is done legally and
ethically

  • Engage with websites and publications to ensure they have up to date knowledge on animal welfare issues in relation to advertising pets for sale
  • Highlight illegal adverts to website providers so that they can be removed promptly
  • Encourage those websites which advertise pets for sale to self regulate and comply with agreed minimum standards which underpin a legal and ethical approach to the trade in pets
  • Raise public awareness of the need to act responsibly when buying pets from websites and publications
  • The group is working to deal with the increasing problem of inappropriate adverts appearing on classified websites, and have drawn up a set of minimum standards which PAAG would like websites to adhere to, as well as success criteria PAAG would like them to aim towards.
  • PAAG are working to ensure that as many sites as possible sign up to these standards and advertise pets in a responsible way.
  • PAAG feel this continuing work with websites is vital, especially given the lack of regulation with regards to the online advertising and sale of pets.
  • They urge buyers to be cautious when looking to buy an animal via an online advert, and look at the guidance provided on their website.
  • They have seen a number of cases where people have unwittingly purchased ill or problem pets.