Operation of Dog and Cat Breeding Establishments

Legislation
Under the provisions of the Domestic Animals Act 1994 any person who runs an enterprise (being a business) for profit (whether the business makes a profit is irrelevant) that breeds dogs and/or cats, that person must register their premises as a domestic animal business with their local council before they can operate. While this type of business is known as a breeding and/or rearing establishment, some members of the public call these businesses “puppy farms” or “puppy mills”. Council domestic animal business registration is an annual process and Councils are required to report the number of domestic animal businesses registered with them to the State Government annually.

Dog and/or cat breeding establishment proprietors must operate in accord with the mandatory Code of Practice established by the State Government for the purpose of providing minimum standards of accommodation, management and care which are considered appropriate to the welfare, physical and behavioural needs of the animals housed at these establishments. In the case of a breeding establishment the mandatory Code is known as the ‘Code of Practice for the Operation of Breeding and Rearing Establishments’.

A person who is a member of an Applicable Organisation (including Dogs Victoria, Cat Authority of Victoria, Feline Control Council, Governing Council of the Cat Fancy and Waratah National Cat Alliance) that registers their puppies and/or kittens with that Organisation and has less than 10 fertile females of either species is not required to be registered as a breeding establishment with their Council. The reason for this is that these groups have been approved as Applicable Organisations due to their members being required to operate in accord with a Code of Ethics established by their Organisation. The Code of Ethics established by these organisations mandate responsible breeding and responsible pet ownership principles which are similar to the aims of the mandatory Code of Practice.

Breeding establishment proprietor responsibilities
Proprietors of breeding establishments must provide for the well being of all the animals kept at their establishment. They are responsible for supervision of staff, collation of records relating to breeding, the supervision of appropriate feeding programs, maintaining a high level of hygiene at their premises and ensuring veterinary care for the animals kept at the establishment.

Proprietors of breeding establishments can only offer animals for sale that have been vaccinated at least fourteen days prior to sale and must on sale or giving away an animal ensure the animal is implanted with a microchip. The proprietor must notify the Council in which the animal is to be kept of the name, address and microchip number of the animal sold from or given away from their premises.

Proprietors must provide literature to a person who purchases animals from them; this literature must include information on responsible pet ownership, appropriate housing and feeding. The proprietor must also provide a guarantee to the purchaser stating that if the animal is unacceptable for any reason that the animal can be returned within three days for a 75% refund of the purchase price or an offer of an animal of equal value with the same guarantee. Also within seven days, the proprietor must provide a similar guarantee on health grounds if supported by documentation from a veterinarian that the animal is sick after purchase. If the animal dies or is euthanased due to a disease traceable to point of sale, the proprietor must refund the purchase price or offer a replacement animal with the same guarantee.

Council responsibilities
Council must register breeding establishments to allow them to operate and should conduct annual audits or regular inspections to ensure these proprietors are operating their establishment in accord with the mandatory Code of Practice.

Council should follow up on the registration of animals purchased from breeding establishments as they must be notified by the proprietor of the establishment when an animal sold from their business is expected to be kept in that municipal district.

If you have an issue with the operation of a breeding establishment in your area
As the council is responsible for registering and authorising the operation of breeding establishments, you should report any concerns you may have to the Council for their action. Council may expect you to provide the information in writing to provide them with ‘reasonable grounds’ to investigate your claims.

Council has Authorised Officers that have the power to enter breeding establishments on reasonable grounds and at reasonable times to investigate the compliance of these establishments with the Act and mandatory Code of Practice.

If the breeding establishment is unregistered the Council can prosecute the proprietor for operating an unregistered breeding establishment, this offence carries a penalty of 10 penalty units in the Magistrates Court. Also, if the proprietor sells an animal from an unregistered premise this is also an offence which carries a penalty of 10 penalty units in court.

If the breeding establishment proprietor is not operating their business in accord with the mandatory Code of Practice, Council Officers can issue infringements or file charges in the Magistrates Court. Each breach carries a penalty of up to 10 penalty units in court.