New Regulations for Dog Breeders

Dog breeding enterprises are often referred to in the community as “Puppy farms”.

Community concern about animal welfare problems in these establishments has led the Victorian Government to introduce new laws designed to eliminate illegal or poorly run puppy farms. These new laws also apply to many smaller scale dog breeders as well as large commercial breeders.

Definition of a Breeding Domestic Animal Business?

The definition of a breeding establishment has been changed, to maximize the number of breeders required to register with local councils and comply with the mandatory Code of Practice for the Operation of Breeding and Rearing Establishments. Registration enables councils to inspect businesses regularly, to ensure they meet the minimum standards for animal welfare outlined in the Code.

The new laws require registration as a breeding domestic animal business if you have three or more fertile dogs AND you sell dogs (whether you make a profit or not).

This will not affect the number of desexed animals an owner may have (as long as owners comply with any local council requirements regarding excess animal permits)

Exemptions

The exemption for this registration as a domestic animal business is if the breeder belongs to an applicable breeding organisation that requires its members to operate in accordance with a Code of Ethics. A list of current applicable organisations can be found at www.dpi.vic.gov.au/applicableorganisations

Breeders who belong to one of these organizations’ will be regarded as domestic animal businesses, and required to register with their local council, if they have 10 or more fertile dogs.

Changes to penalties

The Government has significantly increased penalties associated with breeding establishment offences. For instance, the maximum penalty for operators of breeding establishments who commit acts of cruelty has increased from $1195 to $20,000, for puppy farms operating illegally and $30,000 for those operating below required standards.

The maximum penalties for operators who commit acts of cruelty will also be doubled. Individual breeders may face penalties of up to $30,000 and 12 months prison for cruelty and up to $60,000 and 24 months prison for aggravated cruelty. For corporate entities the financial penalties will be $73,300 for cruelty and $146,688 aggravated cruelty.

The courts will be able to ban illegal operators from participating in the breeding industry or keeping or selling cats or dogs for up to 10 years.

Other penalty increases relate to offences such as conducting a business on unregistered premises, or not in accordance with a code of practice, along with selling a pet shop animal from anywhere other than a registered domestic animal business or private residence.

New selling offences - microchip numbers required

To allow traceability of sellers of pets, it is now an offence to advertise the sale of a dog or cat unless the microchip identification number of the animal is included in the advertisement or notice.

A registered domestic animal business may use its Council business registration number as an alternative.

Microchip details now needed in cat/dog sale advertisements.

Increased powers

In response to council calls for increased powers to deal with puppy farms, the legislation has been amended to give councils and RSPCA inspectors the ability to apply for court orders to seize animals from non compliant and unregistered breeding premises.

New Animal Welfare Fund

The legislation has also created an "Animal welfare fund" to support animal welfare organisations. The terms of this fund include provision for the Minister to provide money to organisations that:

• provide for the welfare of animals;
• provide an animal shelter;
• provide education on the responsible ownership of animals;
• provide a community foster care network for dogs or cats;
• provide animal relief services and use of facilities during an emergency.

Review of the Code of PracticeThe Government is also reviewing Codes of Practice to address community concern about the regulation of dog breeders. The review of the Code of Practice for the Operation of Breeding and Rearing Establishments will be conducted during 2012.

Further Information

For information on:

• planning permits for use of premises for dog breeding;
• registration of commercial dog breeding establishments;
• registration of the individual dogs in commercial breeding establishments;

please contact your local council.

Local government is also responsible for auditing breeding and rearing establishments to ensure compliance with the standards in the Code of Practice.

For more information on dog and cat ownership please visit www.dpi.vic.gov.au/pets or call the Customer Service Centre on 136186.

Animal Welfare - It's your duty to care.