A ban on commercial thirdparty sales of puppies andkittens in EnglandConsultation
July 2018

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ContentsOverview .............................................................................................................................. 4
Summary of responses from the Call for Evidence .......................................................... 4
The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations
2018 ................................................................................................................................. 5
Options ............................................................................................................................. 6
Expected impacts of a ban on third-party sales ................................................................ 6
Questions ......................................................................................................................... 8
Responding to this consultation ....................................................................................... 9
Confidentiality ................................................................................................................... 9
What happens next? ...................................................................................................... 103

Overview
1. The government is consulting on plans to introduce a ban on the commercial third-party
sales of puppies and kittens in England. Commercial third-party sellers are those whoare licensed pet sellers, but are not licensed pet breeders; they will hold a licence
under either the Pet Animals Act 1951 or the Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018 (“the licensing regulations”) to sell
puppies and kittens commercially that they have not bred themselves. When using theterm “commercial third-party sales” in this document this is the arrangement to which
we are referring.
2. References to puppy or kitten mean a dog or cat that is under six months old.
3. A Call for Evidence was launched in February 2018 to gather evidence around theimpacts of a ban on commercial third-party sales of puppies and kittens.
4. Currently, puppies and kittens can either be purchased via a third-party seller, ordirectly from a breeder. There are no records of the number of puppies sold via thirdparties but estimates range between 40,000 and 80,000 in Great Britain per year. A
number of responses to the Call for Evidence, (e.g. Canine Action UK) suggested that
there are about 74 pet shop licence holders actively selling puppies, of which 63 are inEngland.

Why we are proposing a ban
5. There are concerns that commercial third-party sales lead to poorer welfare conditions
for the animals compared to when people buy directly from the breeder. For example,
this might include the early separation of puppies and kittens from their mothers, theintroduction to new and unfamiliar environments, and the increased likelihood ofmultiple journeys the puppies or kittens have to undertake. All of these can contributeto an increased risk of disease and a lack of socialisation and habituation for thepuppies and kittens.
6. We are proposing to ban commercial third-party sales of puppies and kittens inEngland. This will prevent pet shops, pet dealers, and other outlets from selling theseanimals in England unless they themselves had bred them. The ban will extend toEngland only.

Summary of responses from the Call for Evidence
7. The Call for Evidence, published in February 2018, invited evidence on a number ofquestions relating to commercial third-party sales.
48. We received just over 300 responses. Around 70% provided arguments in favour of aban and less than 10% provided arguments against. In terms of organisations, theRSPCA, Cats Protection, International Fund for Animal Welfare, Canine Action UK,C.A.R.I.A.D, the BVA/BSAVA, Dogs Trust, Kennel Club, PDSA, and Battersea Dogs
and Cats Home cited welfare concerns with third-party sales such as lack ofsocialisation, increased risk of disease and increased behavioural issues. The
Ornamental Aquatic Trade Association, the Pet Industry Federation and Blue Cross
provided views about the impact to the pet industry and whether such a ban would
improve animal welfare. The Canine & Feline Sector Group, which represents thewhole sector, supported the principle of a ban and considered that the new licensing
regulations could be allowed to bed in before additional action is taken. A number oforganisations suggested that third-party sellers might seek to present themselves asrehoming charities in order to escape the ban.

The Animal Welfare (Licensing of Activities Involving
Animals) (England) Regulations 2018
9. The government has introduced new rules which significantly modernise and enhance
the welfare requirements applying to dog breeding, pet sales and other pet-related
activities licensed by local authorities in England. These new licensing regulations
come into force on 1 October 2018. These reforms introduce a wide range ofimprovements. In particular they:•Require all licensed dog breeders and licensed sellers of all pet animals, including
sellers who are not also breeders, to adhere to enhanced strict statutory minimum
welfare standards linked to the animals’ welfare needs set out in the Animal WelfareAct 2006.

•Prohibit the sale of puppies, kittens, ferrets or rabbits below eight weeks of age.
This is also supported by recent changes to Defra’s statutory Dog Welfare Codewhich provides guidance aimed at dog owners.

•Require any licensed pet seller advertising pets for sale to include their licencenumber in the advert as well as identifying the local authority that issued it, a photoof the pet, its age, country of residence and country of origin. This will help people
identify pets offered for sale from unlicensed sellers including those based abroad.

•Require the sale of a dog to be completed in the presence of the purchaser on thepremises where the licensed seller or licensed breeder has been keeping the dog,
thereby banning online sales by licensed sellers and breeders.

•Ensure licensed dog breeders must show puppies alongside their mother before asale is made and only sell puppies they have bred themselves.

510. The proposed ban on commercial third-party sales could be introduced through a newlicence condition in Schedule 3 of the licensing regulations (Specific conditions: sellinganimals as pets). It would include a prohibition on licence holders from selling kittens
and puppies that they have not bred themselves.
11. With this amendment in place, if the holder of a licence to sell pets under the licensing
regulations was to sell a kitten or puppy that they have not bred themselves this would
then be a breach of their licence which is an offence under regulation 20(1)(a) of thelicensing regulations. The local authority would then be able to take enforcement
action.

OptionsOption 1: Do nothing.
Option 2: Introduce a ban on commercial third-party sales of puppies and kittens in
England.
Option 3: Introduce a ban on commercial third-party sales of puppies and kittens in
England, as well as running an information campaign to raise awareness of best practicewhen it comes to purchasing a puppy or kitten. This is the proposed option.

Expected impacts of a ban on third-party sales
Welfare implications
12. Whilst the new licensing regulations address a large number of concerns around petsale and breeding, there are still some concerns surrounding the welfare of animals
that are bred for third-party commercial sale. In response to the Call for Evidence, theRSPCA, Cats Protection, International Fund for Animal Welfare, Canine Action UK,C.A.R.I.A.D, the BVA/BSAVA, Dogs Trust, Kennel Club, PDSA, and Battersea Dogs
and Cats Home all suggested that animals have a higher risk of serious health andbehaviour problems associated with the additional travel from the place of birth to sale,change in environment and surroundings, and often premature separation from theanimal’s mother than animals sold by the breeders. These animals also lack propersocialisation and habituation.
13. In addition, there are concerns that commercial third party sales may be associated toa greater degree with impulse purchases. These may have consequences not only forthe animal but for owners, including unexpected vet bills, issues with socialisation, andincreased numbers being given up or having to be rehomed. Mortality rates pre-sale foranimals bred for third party sale are unknown.

614. The rationale for a ban on commercial third-party sales is that such a ban will further
protect the welfare of puppies and kittens and is an important step to improving
standards in breeding establishments. A ban will:•Ensure consistency with government advice that purchasers should seek to see
puppies or kittens with their mother.

•

Incentivise welfare improvements in high risk commercial dog breeding
establishments through ensuring transparency, accountability and appropriate
remuneration for breeders.

•Assist purchasers to make informed choices based upon seeing a puppy or kittenwith its mother and encourage responsible buying decisions.

•Reduce the sale of puppies which have not been bred to recognised standards ofwelfare in England.

Commercial sellers
15. A ban will mean that pet shops, pet dealers and other outlets and licensed sellers ofpuppies and kittens will be unable to sell these pets unless they themselves had bredthem.

Rescue/rehoming
16. It has been suggested that those participating in third-party sales could attempt tocircumvent the ban by presenting themselves as rescue and rehoming charities.
Equally others have noted that commercial rescue and rehoming operations where asignificant rehoming fee is charged and the operation is geared to profit-making should
be licensed as pet sellers under the licensing regulations. A commercial rehoming
centre which is licensed as a pet seller would be subject to the ban on commercial
third-party sales, and would be unable to sell puppies and kittens under 6 months ofage that they had not bred themselves. There have also been concerns expressed
about poor welfare and poor hygiene in some rescue and rehoming centres, especiallywhere the puppies or kittens are sourced from abroad.
17. We invite evidence in response to this consultation on these concerns including
evidence relating to the case for rescue and rehoming centres being subject tolicensing under the Animal Welfare (Licensing of Activities Involving Animals)(England)
Regulations 2018 with associated statutory welfare conditions aimed at rescue andrehoming.

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Importing pets from abroad
18. It has been suggested that people may be able to circumvent a ban on the commercial
third-party sale of puppies and kittens by importing pets from abroad. Pets can beimported from abroad to the UK via two routes:


The Pet Travel Scheme – this allows you to import your dog, cat, or ferret as longas they have been microchipped, have a pet passport, and have been vaccinatedagainst rabies. In general, you cannot bring in more than five pets. More specifics
can be found here: https://www.gov.uk/take-pet-abroad

The Balai Directive – this allows you to import animals to sell commercially within
the UK. The specifics of this can be found here: https://www.gov.uk/guidance/balaidirective-moving-live-animals-semen-and-embryos

19. In addition there are no restrictions to the movement of kittens and puppies between
the countries which make up the UK.
20. A ban on the commercial third-party sale of puppies and kittens in England would apply
to all sales which are conducted in England. This would include third-party sales
conducted here relating to animals which have been, or which are subsequently,
imported, or puppies and kittens that are bred in other parts of the UK to be sold inEngland. You are invited to share your views on how these puppy breeders would beaffected. The ban would not apply to sales that are conducted outside of England withthe puppies and kittens then being delivered to their new owners in England.
21. With publicity for the ban on commercial third-party sales and an encouragement tobuyers to source their pet from a legitimate breeder, there should be a significant
impact reducing sales which take place in other countries leading to puppies andkittens subsequently being delivered here.

Impact Assessment
22. We have published a Regulatory Triage Assessment, which can be found athttps://consult.defra.gov.uk/animal-health-and-welfare/third-party-sales. This contains
more information about the expected impacts of a ban, including a more detailed
analysis of the impact to businesses, on commercial third-party puppy and kitten salesin England.

Questions
Question 1: Do you agree or disagree with a ban on commercial third-party sales ofpuppies and kittens in England? Please set out your reasons why.

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Question 2: Do you believe that a ban will have negative or positive impacts on the welfareof animals? Please set out your reasons why.
Question 3: We have published a draft Regulatory Triage Assessment available athttps://consult.defra.gov.uk/animal-health-and-welfare/third-party-sales. Do you have anyviews on the assumptions or conclusions set out?
Question 4: Do you agree or disagree with the idea of licensing rescue/rehoming centres
under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations
2018? Please set out your reasons why
Question 5: Related to this, how you think rescue/rehoming centres should be defined?

Responding to this consultation
Given Defra has recently conducted a call for evidence on this issue, this consultation will
run for 4 weeks from 22 August 2018 to 5pm on 19 September 2018.
Please respond to this consultation using the Citizen Space consultation system:
https://consult.defra.gov.uk/animal-health-and-welfare/third-party-sales
Our preferred method of receiving responses is online because it is the fastest and mostcost-effective way for us to collate and analyse responses. If you wish to respond to theconsultation by email or in writing, please send responses to:
By email – AnimalWelfare.Consultations@defra.gsi.gov.uk
OrAnimal Welfare Team
Area 5BNobel House
17 Smith Square,London
SW1P 3JR
Please make sure your responses reach us by 5pm on 19 September.

Confidentiality
Please tell us if you do not want details of your response to be made public or if there are
any restrictions on the use of information submitted, with an explanation of why it should
be kept confidential. We will take your reasons into account, but you should be aware that
there may be circumstances in which we will be required to disclose this information to9

third parties on request. This is in order to comply with our obligations under the Freedomof Information Act 2000 and the Environmental Information Regulations. Please note, if
your computer automatically includes a confidentiality disclaimer, this will not be treated asa confidentiality request.

What happens next?
This consultation is an opportunity for all interested parties to scrutinise and comment on
our proposals, and, if needed, supply further evidence.
After the consultation has concluded we will publish a summary of the responses received.
This will inform the final proposal we will lay before Parliament.

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