Scotland s Puppy Profiteers. Puppy farming, trafficking, dealing and how the trade affects Scotland

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1 Scotland s Puppy Profiteers Puppy farming, trafficking, dealing and how the trade affects Scotland

2 THE ONEKIND PUPPY PLAN Eight action points to protect puppies in Scotland 1 Ban third-party sales The third-party sale of dogs (i.e. sale by dealers and pet shops) should be banned. 2 Mandatory puppy warranties For every dog sold, a warranty must be given for financial reimbursement if the puppy dies or develops a hereditary defect within a specified period. 3 Sales in licensed premises only The handover of the puppy as part of a sale must take place at the address of the premises in Scotland where the animal was born or kept. 6 Mandatory standards for internet sales Standards for all internet sites that carry adverts for pets for sale, currently voluntary under the Pet Advertising Advisory Group (PAAG) banner, should become mandatory. 7 Educate consumers Government, animal welfare groups, veterinary organisations and breed organisations should collaborate on a public education programme designed to stop people buying puppies without knowing more about their origins. Specifically, this should promote the BVA AWF/RSPCA Puppy Contract. 4 Cap the number of dogs in breeding establishments The number of breeding bitches that may be kept in a single establishment should be limited and there should be a limit on the number of animals for which a single individual may be responsible. 5 Make every commercial sale subject to licence or registration The threshold for designation as a commercial dog breeder should be reduced to two litters in a year, while anyone selling a single litter should have to register to acquire a limited temporary licence from the local authority for the activity. 8 Better controls on the import of puppies into the UK The age for dogs to enter the United Kingdom under the Pet Travel Scheme (PETS) should be increased from 15 weeks to six months. No more than two puppies should travel with each passenger, with a maximum of three per transport.

3 Contents 1. Introduction 4 2. The puppy profiteers 6 What are puppy farms? 6 Puppy trafficking 6 Ireland 7 Eastern Europe 8 Puppy trafficking economics Puppy breeding and dealing in Scotland 12 Unlicensed breeding and dealing in Scotland 12 Licensed breeding and dealing in Scotland 16 Laws and regulations 21 Breeder and dealer licensing 21 Pet vending legislation 23 Animal welfare legislation Addressing the puppy profiteers 26 Measures in progress 26 Public awareness and purchaser behaviour 26 The European dimension 28 The OneKind Puppy Plan 30 First published by OneKind in November 2017 Registered charity no. SC Montrose Terrace, Edinburgh, EH7 5DL With thanks to DESIGN John Nicol PHOTOGRAPHY GlobalP istock Scotland s Puppy Profiteers // page 1

4 1. Introduction Most people who take responsibility for a dog, whether it is a working dog or a family pet, understand that they are entering into a two-way relationship. A relationship that brings benefits and enhances quality of life for both parties, providing companionship, a life worth living, empathy and love. Many dogs who come from large-scale puppy farms simply cannot play their full part in that relationship, because they never enjoyed those basic elements in the earliest days of their lives. The hidden cost of the puppy farming business, at home and abroad, is one of animal sickness, distress, suffering and loss. Families suffer heartache when they have to watch their new pet sicken and die, or grow up to be a confused, unsocialised, potentially aggressive dog. It is impossible to calculate such a cost. LEGAL AND ILLEGAL PUPPY FARMING This report draws attention not only to the illegal trade, but also to large breeding operations that are licensed but where conditions are sometimes little better than the unlicensed establishments. Here, animals can be kept in conditions that no-one would deem acceptable for a family pet, and which cannot possibly provide a decent start in life for a puppy. NOT JUST ABOUT PUPPIES Public concern usually focuses on young, vulnerable puppies. This is legitimate and understandable, but at least the puppy (providing it survives) will have a different life from its mother. She remains behind, condemned to be mated and to give birth repeatedly for as long as her body can cope, and all in the name of profit. page 2 // Scotland s Puppy Profiteers

5 The great injustice is that, while humans choose to live and work in this environment and make money from it, the dogs have no choice whatsoever. At its most extreme, this injustice leads to the infliction of chronic suffering, deprivation of basic needs, illness and a life that might well be judged not worth living. EIGHT-POINT PUPPY PLAN FOR CHANGE Like all other campaigning charities in this field, OneKind believes that this injustice must stop. We will work with policy makers and other animal welfare and veterinary organisations to bring about meaningful, enforceable changes to the law, allied with better public education. OneKind invites everyone with an interest in welfare and justice for animals to support the eight-point Puppy Plan, which offers practical, proportionate solutions to a long-running and distressing problem. Breeding and selling dogs is a legitimate activity, as long as it is carried out humanely, and gives full recognition to the needs of the sentient individuals, and appropriate care. There are good breeders who do this and many of them are actively working to improve the industry. However, until the problems of farming, trafficking and the apparently insatiable public demand for designer breeds are resolved, puppy profiteering will continue to damage dogs, owners and their families. photograph - Miras Wonderland istock Scotland s Puppy Profiteers // page 3

6 2. The puppy profiteers The puppy trade in Scotland and the UK, which includes the import, breeding and sale of puppies for commercial purposes, is diverse, ranging from hobby breeders to largescale farms. Most welfare concerns relate to larger-scale operations that whether wilfully or not sacrifice welfare standards for profit, a practice that OneKind calls puppy profiteering to distinguish it from responsible actors within the trade. WHAT ARE PUPPY FARMS? The defining characteristic of a puppy farm is that it is a place where dogs are bred in large numbers, and purely for commercial purposes. These are not family pets producing the occasional litter: they are part of an industrial-scale operation. The number of dogs in breeding establishments can vary enormously, with some breeders keeping a few bitches of one or two breeds while others keep dozens. In some parts of the UK Northern Ireland, for example breeders can be licensed to keep hundreds of adult dogs; the numbers of puppies born in a unit each year must be in the thousands. Sometimes, the conditions in puppy farms are so appalling that they are often, rightly, described as horrendous 1. Welfare problems can arise in any large-scale unit, and can escalate to a situation of outright suffering when the operators of the unit fail in their duty of care. Lack of hygiene, proper diet, and routine health measures and veterinary attention can lead to puppies being sold to new owners with a burden of parasites, preventable infectious diseases, and painful or chronic inherited conditions, from which many do not recover. The consequences include unnecessary animal suffering and heartache for the puppies new families. Probably the largest legal puppy farm in the UK is the UK Dog Breeding Academy, which featured in the BBC Scotland documentary The Dog Factory in April 2015, and is still licensed by Fermanagh County Council to keep over 500 adult dogs and their puppies. Reporters for the BBC Scotland programme filmed barren conditions and automated feeding systems, in conditions that would compare unfavourably with the most intensive livestock farming environments. Scotland s Chief Veterinary Officer described the conditions filmed on the farm as barbaric 2. PUPPY TRAFFICKING At the most basic level, puppy farms are simply providing goods to be traded or trafficked. There has always been an illicit trade in puppies, operating below the licensing radar via classified advertisements in newspapers, or word of mouth. Nowadays, however, the market has grown exponentially, fuelled by ease of purchase over the internet, consumers who can no longer wait for the right pet to come along and, above all, the efforts of a large and determined sector bent on making money without caring about welfare. It has become an international affair, often bound up with criminality and operated by ruthless individuals. IRELAND The importation of puppies from Northern Ireland and the Republic of Ireland has been a matter of concern for many years. Currently, the size of the trade into the UK is estimated at 40,000 puppies per year 3, although official import statistics set the number at around 10, The welfare issues were highlighted in a number of high profile cases starting around 2001, when large consignments of puppies were found in very poor page 4 // Scotland s Puppy Profiteers

7 conditions in cars, vans and trailers arriving in Scotland from the Republic of Ireland, via Northern Ireland. Dealers were said to be: [ ] purchasing very young animals, without proper documentation, from unregulated puppy farms outwith Scotland and transporting them in very poor conditions. Many of these young animals are not robust enough to survive. Cramped conditions, mixing of litters and long transportation times heighten the risk of infection and parasitic infestation and create a breeding ground for disease. Other serious health and behavioural problems are also common but by the time these come to light the animals have usually been sold to the public, many of these sales taking place illegally on the street or at car boot sales 5 Due to EU trade rules it was not possible simply to ban the trade with Ireland. Instead, the Licensing of Animal Dealers (Young Cats and Dogs) (Scotland) Regulations 2009 were brought in to protect welfare and impose a rigorous licensing regime that would discourage the importation of puppies for resale through dealers. Almost a decade after the passage of these Regulations, puppy trafficking into Scotland continues almost unabated. Co-ordinated operations involving the Special Investigations Unit of the Scottish SPCA, Police Scotland and other animal protection agencies including the Ulster and Irish SPCAs, under the title of Operation Delphin, have intercepted numerous illegal imports at the port of Cairnryan. 1 e.g. Dr John Bradshaw, University of Bristol, commenting on footage of UK Dog Breeding Academy, The Dog Factory April Sheila Voas, CVO Scotland, commenting on footage of UK Dog Breeding Academy, The Dog Factory April RSPCA 2016, Sold a Pup? report Explanatory Notes to draft Regulations photograph by Roman Samokhin Scotland s Puppy Profiteers // page 5

8 PUPPIES TRAFFICKED FROM IRELAND 1. In early June 2016, twenty puppies were discovered in the boot of a car at Cairnryan during an investigation by the Scottish SPCA as part of Operation Delphin. All of the puppies were deemed to be too young to travel, with some apparently taken from their mothers at only four weeks old. None had the correct paperwork or were microchipped to an approved database. All the puppies were thought to have been purchased from large puppy farms in the Republic of Ireland. 3. On 27 July 2016, twenty puppies and an adult female dog were seized at Cairnryan by the Scottish SPCA, again as part of Operation Delphin. It is believed the puppies were bred in the Republic of Ireland and were transported through Northern Ireland before being seized in Scotland. The Ulster Society for the Prevention of Cruelty to Animals (USPCA) estimated the value of the consignment at around 10,0000. The puppies were returned to Northern Ireland and taken to the USPCA animal centre in Newry 8. The puppies, all small breeds including Shih Tzus, Cocker Spaniels, Pugs, Cavalier King Charles Spaniels and Bichons Frises, were signed over to the Irish Society for the Prevention of Cruelty to Animals (ISPCA) and taken back to Ireland to be cared for at the ISPCA s National Animal Centre in Longford A further ten puppies were seized on the evening of Monday 27 June They were thought to have originated in County Louth and were sent back to Belfast on the next ferry before being transferred to the ISPCA s animal centre in Longford A Dundee woman was convicted in October 2017 of selling farmed puppies in car parks. Jaimie Colquhoun was convicted of welfare offences and for selling dogs without a pet shop licence after purchasing litters in Ireland, as well as dogs from Hungary, for sale online. Ms Colquhoun travelled as a ferry foot passenger to buy litters from a man she knew only as Thomas, before bringing them home in carriers and selling the pups via Gumtree. They were then handed over in car parks in Arbroath and Dundee. A number of puppies died shortly after they were sold. Some were reported to the Scottish SPCA which led to an investigation under Operation Delphin. Ms Colquhoun was convicted in October 2017 of what the Sheriff described as serious offences la-de-vil-case/ page 6 // Scotland s Puppy Profiteers

9 photograph by EvgenniAnd istock Scotland s Puppy Profiteers // page 7

10 EASTERN EUROPE Due to changes in gathering official statistics, it is difficult to give an accurate figure for the size of the trade in puppies from Eastern Europe, but it is thought to have overtaken the trade from Ireland. Much of this trade exploits the EU Pet Travel Scheme (PETS) 10, intended to allow people to travel with their family pets without having to quarantine them for six months on return. The scheme allows pet dogs, cats and ferrets to enter the UK without quarantine as long as they are health checked and vaccinated against rabies. Initially, the UK applied a derogation from the main EU scheme which meant that a six-month waiting period had to be served after vaccination, although it could take place prior to entry to the UK. The legislation was relaxed in 2012 to reduce the waiting period to three weeks and to allow individuals to bring up to five animals into the UK, after vaccinations. In effect this means that any dogs imported under PETS must be at least 15 weeks old, as rabies vaccine is ineffective in pups younger than 12 weeks. The legislation 11 was amended again in 2014 and a further review by DEFRA is under way 12. Unfortunately, the scheme is regularly exploited by traders to import up to five farmed puppies per traveller per journey. Puppies are often much younger than 15 weeks and travelling with forged vaccination certificates. Once across the border, pups can end up in any part of the UK with the only clue to their origins being the microchips implanted prior to travel, although the regulations do not require registration of the chips, and even then some traders remove them to avoid detection. The third successive investigation by the welfare charity, the Dogs Trust, Puppy Smuggling: A tragedy ignored 13 recorded a bus journey from Lithuania to Great Britain, lasting more than 29 hours. Four unaccompanied puppies (two Yorkshire Terriers, one Maltese and one Dachshund) were transported in pet carriers alongside other goods. Despite high temperatures, the puppies were watered just twice on a journey exceeding 29 hours and not fed at all. The puppies left the carrier very briefly on two occasions for the carriers to be cleaned. One of the puppies was observed vomiting and another eating its own faeces. 10 Regulation (EU) No 576/2013 on the non-commercial movement of pet animals qid= &uri=celex:32013r Non-Commercial Movement of Pet Animals Order 2011 (as amended by the Non-Commercial Movement of Pet Animals (Amendment) Order 2014) Council_rescue_puppy 15 RSPCA (2016) Sold a pup? Exposing the breeding, sale and trade of puppies. [online] Available at: TradeReport [21 October 2016]. 16 Animal and Plant Health Agency, cited in Consultation on the Review of The Non-Commercial Movement of Pet Animals Order 2011 (as amended), DEFRA, Welsh Government and Scottish Government, September sponse%20to%20non-commercial%20movement%20pet%20animals%20order% page 8 // Scotland s Puppy Profiteers

11 PUPPY TRAFFICKED FROM EASTERN EUROPE Oscar, a French bulldog/english bulldog cross was bought online by a North Ayrshire couple thinking they were getting a bargain. However, this very young animal had been illegally trafficked and had travelled over 1,000 miles from mainland Europe to Scotland, with a forged pet passport. He was too young to have been vaccinated for rabies. As required under animal health legislation, North Ayrshire Council Trading Standards officials confiscated Oscar in September 2016 and it appeared that the owners would either have to pay 1,500 to have their pet quarantined or pay to have him put down. In the event, the Dogs Trust was able to take ownership of Oscar and organise the quarantine, with the aim of rehoming him later. The Senior Manager for North Ayrshire Council s Protective Services said that the fraud was a sophisticated one, involving the falsification of authentic passports and dogs being crossed to appear older than they really were. The council has taken in over 300 underage designer puppies including dachshunds, French bulldogs, pugs and chow chows since December In 2012 alone, following the reduction of the quarantine period, the declared import of dogs from Hungary, Romania and Lithuania increased on the previous year by 450%, 1150% and 507% respectively 15. Between 2011 and 2016 the number of dogs entering the UK via the PETS system rose from 85,299 to 275, In its response to the recent DEFRA consultation on the PETS system 17, the British Veterinary Association (BVA) suggested: It may be possible to mitigate this risk going forward by restricting the number of animals that can travel to five per consignment rather than five per person. For puppies under 6 months the number could be restricted to two per consignment, with a total of three animals allowed per consignment. This would accommodate 96.2% of UK households travelling under the pet travel scheme. In addition to this measure, amendment of the Pet Animals Act to cover commercial sales over the internet could be considered. Other suggestions are that the age for all dogs to enter the United Kingdom under the PETS system should be increased to six months, thereby reducing their commercial value to smugglers; and that dogs should only be available from licensed, regulated breeders or approved rehoming organisations. OneKind supports both of these recommendations. The Dogs Trust has carried out three intensive, fieldworkbased investigations in Eastern Europe and the UK. Among other things, the investigations found that puppies continue to be bred in large numbers in Central and Eastern Europe, sometimes in horrific conditions, before being subjected to long, arduous journeys, often with little or no food or water. Puppies are now likely to be travelling in ones and twos rather than litters of four or five, so as not to raise suspicion, and often travelling just below the legal age of fifteen weeks, making interception less likely. Even so, much younger puppies were still being detected at borders. Scotland s Puppy Profiteers // page 9

12 High numbers of puppies were found to be imported from Poland, with breeders and vets willing to break the law to get underage puppies to Great Britain; transporters were also willing to transport underage puppies and even to advise traders in how to avoid detection. Official statistics show a reduction in the number of puppies imported from Lithuania under the Pet Travel Scheme from 2,271 in 2105 to 726 in 2016 but the illegal trade continues, with Lithuanian puppies for sale on the internet in Great Britain, with breeders clearly having used the non-commercial Pet Travel Scheme to import puppies 19. There have long been concerns that puppies might be entering the UK without being intercepted due to a lack of resources for staffing at ports and to cover the costs of quarantine for any puppies seized. The Dogs Trust Puppy Pilot was set up to take unwanted puppies through quarantine and into its own rehoming network. Between December 2015 and May 2017, 571 out of 841 puppies were intercepted and quarantined. The largest number of puppies taken through the scheme arrived from Hungary, Poland and Lithuania with Latvia, Slovakia and Romania also predominant. More than 95% of puppies rescued by Dogs Trust were deemed too young to travel and 6% sadly died due to poor health, malnutrition and dehydration. 18 Murray JK, Browne WJ, Roberts MA, Whitmarsh A, Gruffydd-Jones TJ (2010) Number and ownership profiles of cats and dogs in the UK. Vet Rec. 166 (6): /vr.b4712. Cited in BVA response 19 Dogs Trust 2017 Puppy Smuggling: A Tragedy Ignored publicationtemp/puppy_smuggling_report_final_pdf.pdf 20 Wyatt, T., Maher, J and Biddle, P Scoping research on the sourcing of pet dogs from illegal importation and puppy farms Report for Scottish Government HMRC taskforce officer, pers comm PUPPY TRAFFICKING ECONOMICS The online trade in Scotland has been estimated to have a value of 13 million per annum 20. In August 2017, responding to Public Petition PE in the Scottish Parliament, Police Scotland commented on the Irish trade: [..] the largely cash based nature of this activity is undoubtedly attractive to those involved in this activity who have no regard for the animals or members of the public they interact with. Sending a puppy from Eastern to Western Europe can double or even treble its sale price. Figures gathered by the EU Dog and Cat Alliance showed that a French Bulldog with a value of 387 in the Czech Republic could sell for 1,586 in the UK, where sale prices were only outstripped by those in Sweden. A dachshund worth 96 if sold in Romania could fetch over 1,000 in the UK. The Dogs Trust has calculated that a breeder in Poland with 20 French Bulldog breeding bitches could earn 120,000 per year by exporting 80 pups to the UK under the Pet Travel Scheme, at a costof 1,500 each. page 10 // Scotland s Puppy Profiteers photograph by airspar istock

13 Table :1 Average price paid for puppies in Europe Country Legal Sales Illegal Sales French Bulldog Dachshund Pug French Bulldog Dachshund Pug Sweden UK N/A N/A N/A France Germany Czech Republic Poland Lithuania Hungary Romania N/A N/A N/A Spain N/A N/A N/A Source: EU Dog & Cat Alliance Member Data Research by Her Majesty s Revenue and Customs (HMRC) suggests that the puppy trade is a multi-million pound industry, with tens of thousands of animals sold each year. HMRC sources have commented that a French Bulldog can command 1,200, an Imperial Miniature Shih Tzu can sell for 3,500 and there are reports of English Bulldogs being sold for 7, In this black or illicit market, sales are generally not declared because of the underground nature of the activity, and therefore no tax is paid. The HMRC Hidden Economy unit has therefore set up a taskforce, which has revealed the extreme lengths to which criminal puppy dealers will go in order to maximise their profit and avoid tax. Taskforce teams are investigating these cases with the support of the RSPCA, Scottish SPCA and police, and HMRC is using both civil and criminal enforcement powers to tackle the people responsible. The intention is to target individuals known to be involved in the trafficking and selling of dogs that have originated outside the UK. Much of the early focus has been on the Scottish port of Cairnryan and the trade from Ireland, although it now appears that some puppies may be travelling from mainland Europe via Ireland. Clearly, the more puppies imported in each consignment as supposed family pets, the greater the profit to be made on each journey. For this reason, reducing the number of puppies that may be brought in under the PETS scheme, as suggested by the BVA, would help to bring visibility and accountability to breeders. Scotland s Puppy Profiteers // page 11

14 3. Puppy breeding and dealing in Scotland UNLICENSED BREEDING AND DEALING IN SCOTLAND Anyone breeding puppies commercially for sale must obtain a licence from the local authority. This requirement applies to anyone breeding five or more litters per year although it can also apply where there are fewer litters. Anyone who deals in puppies bred elsewhere must also have a licence. Regrettably, there are frequent cases of commercial breeding and dealing in Scotland undertaken without a licence. Often, these operations are allied to extremely poor welfare for the dogs involved. IMPORTED DOGS NEGLECTED BY AIRDRIE PUPPY FARMER 23 A puppy farmer, who kept dozens of Bulldogs in appalling conditions at his home in North Lanarkshire, was found guilty in May 2017 of nine offences under the Animal Health and Welfare (Scotland) Act 2006 and one offence under the Pet Animals Act Sentencing Christopher Gorman on 21 July 2017, the Sheriff at Airdrie said: Between June and October 2015, you acquired a large number of dogs including puppies imported from England and Lithuania and you used your home and garden to keep and sell them for profit. You kept those dogs and puppies in an unsuitable and unhygienic environment exposing all of them to faeces and diarrhoea, failing to protect them from suffering injury, bullying, fighting and disease. You persisted in keeping them in such conditions, ignoring expert advice on care and treatment from the SSPCA and a vet. You were wholly unqualified to provide proper care and treatment for the dogs. You knew you required a licence for such activities under the 1951 Act but you ignored that requirement. Many of the dogs suffered from diarrhoea and worms. Some did not get proper treatment for skin conditions, eye conditions and conditions affecting their paws. One of the dogs received a fractured jaw, which was untreated and then became infected. Concerned puppy buyers alerted the Scottish SPCA, who removed all Mr Gorman s dogs in However, he simply acquired more and these, too, had to be removed. One was suffering so badly it was euthanised immediately. Christopher Gorman received a six-month Restriction of Liberty Order for the animal abuse offences. He was also fined 500 and disqualified from owning, keeping or selling animals or running a pet shop for a period of 10 years. Prior to the verdict, the Scottish SPCA had to care for around 45 dogs for 18 months and reported that their veterinary costs alone amounted to well over 150, sponse%20to%20non-commercial%20movement%20pet%20animals%20order% page 12 // Scotland s Puppy Profiteers

15 LEXI THE JACKAHUAHUA In 2015, Jade H and her partner saw an advertisement on Gumtree for a black and white Jack Russell type puppy. They contacted the seller and were told that they could see the puppy with both its parents before purchase but they should hurry, as other people were also interested. This conversation led to a late-night tour of southern Scotland, with Jade and her partner receiving different directions and postcodes that led them eventually to a remote farm in the Borders. Jade told OneKind: continued to fall out and Jade kept her warm in a sock as there was no coat small enough. When it did come in, she turned out to be ginger and white, unlike the puppy shown in the photograph on Gumtree. Lexi turned out to be a fighter, and survived. But even now, at two years old, she carries the legacy of her terrible start in life. Unable to go out for walks until she was seven months old, due to her respiratory problems, she is still a nightmare on the lead. She is not allowed to run too far as her lungs and windpipe are scarred and her heart is weak. We went into the house and the puppy was virtually thrown at us while the owner took the money from us. There was no sign of any other dogs being there it was more like a drop-off point. We were keen to get away and didn t get to look at her properly until we stopped at a service station up the road. Oh my God. She was so small and skinny, with a swollen belly and dull runny eyes. She was coughing, but the cough was so weak you could hardly hear it. Worst of all, she was almost bald and the exposed skin was red and raw. Lexi was taken to the vet the next morning where her age was estimated at around 4 weeks. She weighed around 250 grams. She was infested with fleas, lice and mite and suffering from gastro-enteritis, pneumonia and kennel cough. Restoring her to health was a huge challenge for both the vets and the family, involving numerous procedures and round-the-clock feeding of tiny amounts of food, which she had difficulty keeping down. Lexi s coat Jade and her partner paid the breeder 250 for Lexi, and ten times that amount for veterinary care. In addition to the cost, they found the experience mentally and physically draining partly because of their anger at the dealer (who could not subsequently be traced) and the knowledge that in some way their purchase would encourage him to continue selling puppies. That s the bit I hate the most, said Jade. He took the money knowing she was going to die, or else cost us hundred of pounds. I know that buying Lexi just gave him more money to get more puppies in fact the next day we saw more pups advertised but we could not leave her. She was so ill, she could barely cough. It s just great that she s still here. Scotland s Puppy Profiteers // page 13

16 Table 2: Licensed breeders by local authority area LOCAL AUTHORITY NO OF DOG BREEDING ESTABLISHMENTS YEAR INFORMATION OBTAINED Aberdeen City Council Aberdeenshire Angus Argyll and Bute Clackmannanshire Dumfries and Galloway Dundee City East Ayrshire East Dunbartonshire East Lothian East Renfrewshire Edinburgh City Falkirk Fife Glasgow City Highland Inverclyde Midlothian Moray North Ayrshire North Lanarkshire Orkney Perth and Kinross Renfrewshire Scottish Borders Shetland Isles South Ayrshire South Lanarkshire Stirling Western Isles West Dunbartonshire West Lothian TOTAL 97 Source: For 2016 data: The Commercial Breeding and Sale of Puppies in the United Kingdom and Republic of Ireland that requirement. saleofpuppies.wordpress.com/; For 2017 data: FOI inquiries made to the appropriate Local Authorities. LICENSED BREEDING AND DEALING IN SCOTLAND Figure 1: The number of licensed puppy breeding establishments in each local authority. Light blue=0; Darker blue= 1-4; Orange= 5-9 and Red= 10+ Number in Scotland Small Medium Large Size of Establishment Figure 2. The number of dog breeding establishments in Scotland, categorised by size: Small (1-9 breeding bitches), Medium (10-19 breeding bitches) and Large (20+ breeding bitches) NB: There are fewer than the total 96 Scottish dog breeding establishments included in this graph as not all establishments have number of breeding bitches listed on their license. page 14 // Scotland s Puppy Profiteers

17 While the problems of illegally imported puppies and illegally bred puppies from within the UK are serious and significant, it would be a mistake to ignore the large number of legal breeding farms operating in Scotland. Having a local authority licence means that it is legal to run a dog breeding business, and there is no centrally stipulated limit on the number of breeding bitches and adult male dogs that the licence may allow. Responding in August 2017 to Public Petition PE on the irresponsible breeding and sale of dogs, the Convention of Scottish Local Authorities (COSLA) and Trading Standards Scotland (TSS) commented 25 : Where there are large numbers of bitches the breeding could be considered to be industrial. Consideration should be given to the fact that dogs are eventually intended to be kept as pets within a family home and to ensure this is done safely requires the dog to be appropriately socialised from an early age. Keeping large numbers of dogs in one establishment can make this problematic and can also lead to psychological problems within the dogs. Consideration should also be given to the fact that control of infection and disease is far more difficult where large numbers of dogs are kept in an area. Without proper disease control, consumers could end up with a pet that has a shortened lifespan and during that lifetime requires costly veterinary attention. The Scottish Government Veterinary Adviser has stated that he considers the keeping of more than 10 breeding bitches as intensive breeding and would advise against it. We would therefore see it as desirable that an upper limit for the number of breeding bitches in any one establishment be set. TYPICAL LARGE BREEDING ESTABLISHMENT Licensing of breeders provides a number of safeguards for dogs and for prospective purchasers of puppies. However, anyone intending to buy from a large-scale commercial breeder should be aware that the conditions are quite different from those offered by a smaller licensed breeder. Field workers visited a typical breeding establishment, licensed for up to 35 breeding bitches, in autumn Like most large-scale establishments, this one specialised in small breeds such as cocker spaniel, Lhasa Apso and Shi Tzu. The field workers noted that some puppies were housed in a portacabin, while more dogs were kept in a building some distance away and could be heard barking. One-week-old puppies and their mother were housed in a plywood pen without any bedding, other than shredded newspaper. Another puppy had a plastic bed, again without bedding, which had been chewed around the sides. Six-week-old puppies were shown to the field workers. They appeared healthy but were dirty and their paws were covered with faeces. They were for sale for between 500 and 700, depending on breed. The breeder asked the field workers if they had experience with dogs but did not ask if they had a garden or if the puppy would be left home alone while the couple were at work. When asked, the breeder said that a puppy contract could be provided and that the dogs could be returned up to five days after sale Submissions%202017/PE1640A_COLSA_and_Trading_Standards_ Scotland.pdf Scotland s Puppy Profiteers // page 15

18 While most private dog owners treat their pets as individuals and members of the family, the lives of dogs kept in their tens and dozens even in legal breeding operations are very different. There are around 100 licensed breeders in Scotland, the smallest having around 4 bitches and the largest over 70. The local authorities with the largest numbers of licensed dog breeders are South Lanarkshire (16), East Ayrshire (13) and Aberdeenshire (14) 26. East Ayrshire has several large dog breeding facilities within its boundaries, the largest of which was licensed until 2017 to keep 76 breeding dogs 27, although this has now been reduced to At the end of 2016, an application from Stephen and Hazel Hamilton to open a breeding farm with up to 40 bitches in East Ayrshire provoked widespread public outrage and opposition. Mr and Mrs Hamilton are related to the owners of the UK Dog Breeding Academy and are said to have imported puppies to Scotland from there 29. The proposal was described in the media as the first application for an industrial breeding facility (although there are other, equally large, operations in Scotland) and in the end East Ayrshire Council refused the application. An appeal against the Council s decision was withdrawn in June Another breeder in Aberdeenshire is licensed to keep 60 breeding bitches of nine different breeds 30. LICENSED BREEDER GIVEN 15-YEAR BAN FOR NEGLECT 30 A licensed dog breeder in South Lanarkshire failed to provide necessary veterinary treatment or adequate nutrition for 36 breeding dogs and puppies in her care. Morag Jackson was found guilty of four offences under the Animal Health and Welfare (Scotland) Act 2006 following an investigation by the Scottish SPCA, and banned from keeping dogs for 15 years. Ms Jackson was also given a Community Payback Order requiring her to carry out 200 hours of unpaid work, and made to forfeit the dogs that had been in her care. Scottish SPCA Inspectors responded to a complaint in August 2015 about the conditions of puppies kept at the breeder s address. Following further enquiries, the premises were searched under warrant on 17 September A number of dogs were found housed in pens in cramped, dirty and unhygienic conditions. There was little bedding, food or water. The only food seen was in a mouldy tub teeming with maggots, which had been left out for a Yorkshire terrier and her newborn pups. A West Highland terrier type named Abbey was found in a small pink carrier on a shelf, too small for the dog even to turn round, and with very little light. Abbey was underweight, suffering from a severe skin complaint, and had alopecia. A total of 36 dogs were removed from the premises and required prolonged care at Scottish SPCA centres. 26 Information from accessed March ibid 28 Response to OneKind FOI request, 14 September Sunday Post, 4 December Information from accessed March 2017 page 16 // Scotland s Puppy Profiteers

19 Table 3. Estimated maximum earnings for three dog breeding establishments in Scotland Establishment Dog Breeds Number of Average number of puppies Estimated price Total maximum Breeding Bitches per bitch per year per puppy ( ) gross income/year( ) Labradoodle ,000 Cockerpoo Labrador West Highland White Terrier ,280 Border Terrier Yorkshire Terrier Shih Tzu ,850 Lhasa Apso Bichon Frise rs provides a number of safeguards for dogs and for prospective purchasers of puppies. However, anyone intending to Source: buy from The a Commercial large-scale Breeding commercial and Sale breeder of Puppies should in the United be aware Kingdom that and the Republic conditions of Ireland are quite different from those offered by com/` a smaller accessed licensed March breeder. Price per puppy estimated from data obtained from breed specific websites, accessed October BREEDER AND DEALER LICENSING The breeding and sale of dogs in Scotland is regulated by the Breeding of Dogs Act , as amended by the Breeding of Dogs Act and the Breeding and Sale of Dogs (Welfare) Act The Act requires establishments where five or more litters of puppies are born in a year to be licensed by the local authority and covers bitches kept in a separate location, or by relatives of the owner. Some local authorities require a licence for a smaller number of litters for example, West Lothian Council requires breeders producing four or more litters a year to be licensed, and sets welfare standards for both domestic and non-domestic breeders 34. Local authorities have powers to inspect unlicensed premises, enabling councils to act on suspicions that a dog breeding establishment may be operating without a licence. In Scotland, but not England, the Act applies both to breeding and rearing establishments so that anyone who obtains puppies and keeps them for sale must also have a licence. The local authority has the discretion whether to grant a licence and, before doing so, must satisfy itself that: the animals are provided with suitable accommodation, food, water and bedding material are adequately exercised and visited at suitable intervals that all reasonable precautions are taken to prevent and control the spread of diseases amongst dogs. 31 Crown Office media release 11 August Scotland s Puppy Profiteers // page 17

20 In addition to ensuring that dogs are kept in suitable accommodation, the law also places limits on the frequency and timing of breeding. Bitches must not be mated before they are a year old, must have no more than 6 litters in a lifetime and must only have one litter every 12 months. Breeding records must be kept to ensure that these requirements are observed. Puppies that are produced at licensed breeding establishments can only be sold at those premises, a licensed pet shop or a licensed Scottish rearing establishment. The Scottish Government announced in September 2017 that it was undertaking a review of dog breeding and licensing in Scotland. In this context it is worth noting that reforms announced in early 2017 for England include plans to make it illegal to sell puppies younger than eight weeks, and require anyone breeding and selling three or more litters of puppies a year to apply for a formal licence. Breeders who fail to comply with these rules face an unlimited fine and/or up to six months in prison 35. page 18 // Scotland s Puppy Profiteers

21 LOCAL AUTHORITIES IN SCOTLAND MUST PLACE THE FOLLOWING CONDITIONS ON BREEDERS LICENCES 36 : - that the dogs will at all times be kept in accommodation suitable as respects construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness; - that the dogs will be adequately supplied with suitable food, drink and bedding material, adequately exercised, and visited at suitable intervals; - that all reasonable precautions will be taken to prevent and control the spread among dogs of infectious or contagious diseases; - that appropriate steps will be taken for the protection of the dogs in case of fire or other emergencies; - that all appropriate steps will be taken to ensure dogs will be provided with suitable food, drink and bedding material and adequately exercised when being transported to or from the breeding or rearing establishment; - that bitches are not mated if they are less than one year old; - that bitches do not give birth to more than six litters of puppies each; - that bitches do not give birth to puppies before the end of the period of twelve months beginning with the day on which they last gave birth to puppies; and - that accurate records in a form prescribed by regulations are kept at the premises and made available for inspection there by any officer of the local authority, or any veterinary surgeon or veterinary practitioner, authorised by the local authority to inspect the premises. Breeding of Dogs Act, as amended, section 1(4) Scotland also has specific legislation concerning puppy dealing the Licensing of Animal Dealers (Young Cats and Dogs) (Scotland) Regulations Both breeders and dealers are subject to the wider provisions set out in these Regulations on animal welfare, animal health and transportation. This includes not selling a young dog (or a young cat) under 12 weeks of age, and not transporting such an animal unless accompanied by its mother. The licence conditions require: each animal to be given a unique identification number; a written record to accompany each animal; a veterinary examination within 24 hours of being acquired by the dealer; and the animals must be kept separate from other animals for a period of not less than 10 days before they can be sold photograph by Cynoclub Scotland s Puppy Profiteers // page 19

22 UNLICENSED DEALER GUILTY OF NEGLECT 38 In November 2016, at Hamilton Sheriff Court, a Wishaw man received a lifelong ban on owning and keeping animals,a community pay back order of 240 hours unpaid work, and a 2,880 fine,to be paid within four months. The individual had failed to provide protection from disease or provide veterinary treatment to a number of Cockapoo puppies, which he was selling without a licence. A Scottish SPCA Inspector said that the pups would undoubtedly have been bred in very poor conditions on a puppy farm in Southern Ireland, with little or no socialisation. Due to the stress of their upbringing and the transportation and changes in environment their immune systems would have been very weak, increasing the risk of disease and premature death. PET VENDING LEGISLATION The Pet Animals Act requires anyone conducting a business of selling animals as pets at premises of any nature (including a private dwelling) to obtain a licence. Before granting a licence, the local authority must be satisfied that the animals are kept in suitable, clean accommodation; that they are supplied with appropriate food and drink; and are adequately protected from disease and fire. The local authority may attach any conditions to the licence, may inspect the licensed premises at all reasonable times and may refuse a licence if the conditions at the premises are unsatisfactory or if the terms of the licence are not being complied with. Pets must not be sold in the street, including in markets, laybys or supermarket car parks. In Scotland, OneKind has campaigned for several years for a review of the Pet Animals Act to bring it up to date and fit for the internet age. The review called for must address online sales with the aim of ensuring that, while the internet may be used for advertising animals for sale or re-homing, a purchase cannot be made without seeing the vendor and the animal prior to sale. OneKind is a member of the UK-wide Pet Advertising Advisory Group (PAAG), which has been successful in recruiting a number of major classified advertising sites to sign up voluntarily to its minimum standards 40, although advertisements of concern do still appear. Other sites have lower standards and it is even harder to monitor or regulate open and closed Facebook sites selling animals. In England, the Westminster Environment Food and Rural Affairs Committee (EFRA) report on the welfare of domestic pets 41 recommended that the PAAG minimum standards should be made mandatory for all websites where pets are advertised and sold; and that all internet advertisements should include the registration or licence number of the seller. OneKind supports a legislative ban on all third party sales of dogs, which would cover pet shop sales as well as dealers, and this could also form part of the wider pet vending reforms. page 20 // Scotland s Puppy Profiteers

23 ANIMAL WELFARE LEGISLATION Anyone in Scotland who is responsible for an animal must comply with the Animal Health and Welfare (Scotland) Act Section 24 of the Act places a duty of care on a person who has care of an animal to provide for its needs. These needs include: the need for a suitable environment (including appropriate accommodation or shelter and a comfortable resting area); a suitable diet, which should be adequate to maintain full health and vigour through every phase of life; the ability to exhibit normal behaviour, this could be met by providing sufficient space, appropriate facilities as well as the company of the animal s own kind; the need to be protected from suffering, injury and disease. This includes protection from fear and distress by providing conditions which avoid mental suffering. Problems should be diagnosed quickly and appropriate treatment should be provided for sick or injured animals by a veterinary surgeon where necessary. Using powers under section 37 of the Act, the Scottish Government has published a Code of Practice for the Welfare of Dogs, which sets out detailed recommendations for meeting a dog s needs at all times of its life. The Code is not legally binding but is intended to be taken into account in neglect or cruelty proceedings. OneKind believes that the conditions found in large breeding establishments would almost invariably fail to meet the requirements of the Code, if these were strictly applied. For example, section 1.2 of the Code requires dogs to have their own bed, with comfortable bedding, placed in a quiet draught-free area. Section 3.4 states that puppies need long periods of rest: the noise of a puppy farm is likely to cause stress and deny them the rest that they require. Puppies in large breeding facilities are denied the opportunity to socialise with people, dogs and other animals, which the Code (s.3.2) describes as an essential part of early learning, with the important period of learning being from approximately 3 weeks to 8 weeks of age. Section 3.2 also states: it is essential that you obtain your puppy from an environment where its behavioural needs have been met. Puppies born in barren, unsuitable breeding units are more susceptible to developing behavioural problems that persist into later life, and this can lead to early euthanasia of a muchwanted pet. A large-scale commercial operation is likely to be motivated by profit rather than an interest in the individual dogs, or in a specific breed. This encourages the operator to separate puppies from their mothers too early and to breed too many litters from a bitch, putting her health and welfare at risk House of Commons Environment, Food and Rural Affairs Committee Animal welfare in England: domestic pets Third Report of Session Report Scotland s Puppy Profiteers // page 21

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25 4. Addressing the puppy profiteers To put an end to the suffering of puppies and breeding bitches in the dog trade, we need urgent leadership from the Scottish Government and collaboration with the dog-loving public and stakeholders. The goal should be a robustly regulated trade and well-informed, compassionate breeders and owners. MEASURES IN PROGRESS Public concern about puppy farming and animal welfare in general has led to a number of commitments for change, both north and south of the border. In September 2017 the Scottish Government announced that it would work with charities and enforcement agencies to take forward the recommendations of research on illegal importation and sale from puppy farms. The measures proposed included a communications campaign on the risks of buying puppies advertised online, and rehoming dogs supplied from abroad 43. Following the Scottish Government announcement, Christine Grahame MSP announced a proposal for a Member s Bill to make all puppy sales subject to a licensing or registration requirement, as well as a binding puppy contract. Earlier in 2017, following a consultation on the licensing of a variety of animal establishment types, the Westminster government announced proposals to make it illegal in England to sell puppies younger than eight weeks, and to require anyone breeding and selling three or more litters of puppies a year to apply for a formal licence. The announcement stated: The new rules will mean smaller establishments - sometimes called backstreet breeders - which supply thousands of dogs to families each year, as well as larger commercial breeders, must meet strict welfare criteria to get a licence 44. PUBLIC AWARENESS AND PURCHASER BEHAVIOUR Two BBC Scotland documentaries The Dog Factory (2015) and BBC Scotland Investigates: Britain s Puppy Dealers Exposed (2016) have played a major part in raising public awareness of the conditions in which puppies are being trafficked to Scotland from Ireland. However, even this graphic media coverage and years of public information campaigns from animal welfare charities and enforcement agencies have not changed public attitudes sufficiently to stem the puppy trade. Despite all the available advice, including information sections on many advertising sites, people persist in buying puppies without seeing them with their mothers, without seeing where they were born, and without paying the standard price for the breed. The desire for a bargain is a strong motivation, as is the chance to acquire an unusual or status-enhancing breed. People are also often motivated by kindness. Whilst they know that their purchase will only make way for a replacement to come onto the market, they cannot turn away from helping a vulnerable young animal. 43 A Nation With Ambition: The Government s Programme for Scotland DEFRA news release 2 February 2017 photograph by Okssi68 Scotland s Puppy Profiteers // page 23

26 PUBLIC EDUCATION URGENTLY REQUIRED Morgan W, a OneKind supporter who worked in a large pet retail chain, met a customer who had recently purchased a teacup Pomeranian. The customer disclosed that she had not seen the puppy s mother, but the supposed breeder had brought the puppies out to her car. No sample pack of puppy food was supplied, simply a recommendation to purchase a particular brand. The puppy was not microchipped. The customer was advised to take the puppy to a vet as soon as possible and to report the breeder, as the puppy might well have come from an illegal puppy farm. Morgan s experience highlighted the lack of public understanding about puppy farming. Another customer asked me why puppy farming was so bad. Right there was the problem. Lack of education. I told her how not only is it illegal, but these breeders have no welfare standards and are in it purely for profits. How many puggles and chorkies are you hearing about now? Breeders are making a mug of owners and selling cross breeds for hundreds of pounds and passing them off as an actual special breed. But all owners are doing is spending hundreds of pounds on a cross breed. There was another incident when a customer said she bought a German shepherd puppy out of guilt from another breeder, as the conditions mother and puppies were in were so bad. This is the worst thing you can do, as you only keep bad practices going. She reported the breeder afterwards. Morgan acquired her own dog, Dylan, from the Dogs Trust in 2006 after he and his siblings were brought to Scotland at around six months old. It was suspected that he had come from a puppy farm. Dylan s story ended well, however, as he lived a healthy, happy 10 years with Morgan and her family. These motivations are currently being studied by sociologists at Northumbria University, in a project to collect online sales data and conduct focus groups to analyse consumer behaviour related to buying puppies in Scotland. In a detailed report covering all aspects of the trade in Scotland, the authors recommendations for influencing consumer behaviour included: early education of future consumers in school lessons; enhancing public awareness via press, social media and TV programmes, with celebrity endorsement; and educating consumers on their rights, thereby encouraging them to report illegal or irresponsible trading. 45 OneKind always recommends that people who want a pet should choose one from a reputable rescue centre, where there are many loving and deserving animals waiting for a home. Individual breeders can provide standards far superior to those in puppy farms, and anyone who is set on having a particular breed should do the appropriate research and choose a reputable breeder. page 24 // Scotland s Puppy Profiteers

27 THE EUROPEAN DIMENSION The UK may be leaving the European Union in 2019, but, even after that, traders are likely to find ways of importing puppies from Eastern Europe, whether legally or illegally. What happens in the EU therefore remains of crucial importance. 74% of Europeans believe the welfare of companion animals should be better protected than it is at present 46 and many animal welfare organisations believe that more could be done at EU level to stem the trade in farmed puppies. Yet, at present, there is little pan-european protection for dogs being traded across Community borders. A European Commission study on the welfare of dogs and cats involved in commercial practices in 12 Member States 47, including the UK, identified five main areas of concern which potentially place the welfare and health of dogs and cats at risk: Breeding: There is a lack of specific legislation on breeding and keeping in many EU Member States, and varying requirements for registration of breeders and dealers Transport: National standards on welfare during transport for commercial purposes which go further than the very basic requirements of Council Regulation (EC) No. 1/2005 are a rarity. Better implementation of existing legislation could lead to improved animal welfare. Lack of knowledge and information about the keeping of pets: Less than a fifth of prospective owners reported being well informed about animal health and welfare, including EU rules on travelling with pets, intra-eu trade, zoonoses and consumer rights at the time of purchase of a dog or cat. Consumer protection: The majority of citizens surveyed in the study called for the EU to take action in the area of consumer protection. Under EU consumer protection legislation, consumers are granted a six-month period in which to raise complaints of defects. This does not protect consumers as inherited disorders and behavioural problems may not become apparent until later Discrepancies in market data of pets: There is a considerable and concerning discrepancy between the number of dogs estimated by the study to be traded between EU Member States each month (around 46,000) and the numbers registered in the Commission s official TRACES system (20,779 in 2014). 45 Wyatt, T., Maher, J and Biddle, P Scoping research on the sourcing of pet dogs from illegal importation and puppy farms Report for Scottish Government 46 Special Eurobarometer 442, published in March Scotland s Puppy Profiteers // page 25

28 The EU Dog and Cat Alliance 48, of which OneKind is a member, is working for compulsory licensing and harmonised EU standards for dog and cat breeders, as well as compulsory permanent identification and registration of dogs and cats on an appropriate national or regional database, to be linked to an EU database. OneKind believes that EU legislation of this nature is essential and, even after Brexit, will be beneficial in reducing the trade to the UK by placing greater restrictions on puppy farming in those Member States where it is currently rife. page 26 // Scotland s Puppy Profiteers

29 THE PUPPY CONTRACT OneKind always recommends that anyone who wants to add a dog to their household should visit a rescue centre where there are always many dogs needing homes. When a purchaser is set on buying a particular breed, a reputable breeder should be traced although this can be easier said than done. One reliable guide is to ask whether the breeder uses the Puppy Contract 49. is effectively a contract, the elusive nature of some puppy farmers and dealers makes it difficult to enforce. The key difference with the puppy contract is that it requires the seller to disclose detailed information to the buyer in the PIP, which is referenced in the formal contract. This helps the buyer to make an informed choice about the puppy, and the costs and responsibilities they are taking on. The contract, which is available for all breeders, sellers and purchasers to download, comes in two parts. Firstly, the breeder or seller completes a Puppy Information Pack (PIP) with information about the puppy and the puppy s parents. This will include, for example, details of any relevant screening tests the puppy s parents have had and the experiences that the puppy has had to prepare him/her for life in a new home. The second part is the binding legal contract entered into by both parties. While any agreement to purchase a puppy The Puppy Contract was developed by the British Veterinary Association (BVA) Animal Welfare Foundation and the RSPCA to empower puppy buyers and help them to avoid the problems that can arise from buying a puppy from an irresponsible breeder 50. It has been endorsed by the Advisory Council on Dog Breeding, BVA, Dogs Trust, Companion Animal Welfare Council, PDSA and Universities Federation for Animal Welfare, and will be re-launched as an independent charity towards the end of OneKind also promotes the contract and is working with policy makers in Scotland to encourage greater uptake photograph by Bigant_photography, Istock Scotland s Puppy Profiteers // page 27

30 THE ONEKIND PUPPY PLAN OneKind believes that implementation of the following eight action points by the Scottish Government, the UK Government, and all those with an interest in dog welfare would reduce the options for selling puppies through inappropriate channels, aid enforcement of the law and discourage people from purchasing puppies from the wrong people and in the wrong places. page 28 // Scotland s Puppy Profiteers

31 1 BAN THIRD-PARTY SALES Third-party sales of dogs (i.e. sales by dealers and pet shops) should be banned. Third-party sales refers to the selling of dogs anywhere away from their breeder, including places such as high street pet shops and puppy dealers. The existence of dealers has fuelled the import of large numbers of puppies from Ireland and Eastern Europe, for resale to the public in Scotland. This in turn led Scotland to pass regulations that attempted to improve the welfare of puppies (and kittens) involved in this trade. Regrettably, however, the supply of, and demand for, puppies at bargain prices has not abated. Government advice to would-be purchasers is always to see the puppy with its mother, but the pressure of online sales and devious tactics by unscrupulous vendors mean that this is often disregarded, even by wellinformed purchasers. Intrinsic to the third-party sales chain are issues such as unnecessary transportation at an early age, exposure to new and often frightening experiences, disruption of early life and lack of socialisation, all of which can have long-lasting effects. OneKind believes that legislation to ban third-party sales is essential. This view is shared by the Scottish SPCA, RSPCA, IFAW, Association of Lawyers for Animal Welfare, the Kennel Club and specialist campaign groups such as PupAid. The policy was also recommended by the Westminster EFRA Committee in its report into domestic pet welfare in England, published in November The ban would not apply to animal welfare charities and rescue centres that acquire dogs for re-homing, without paying any money for them. Any centre purchasing dogs for re-homing would clearly be entering the commercial arena and effectively engaging in third-party sales Scotland s Puppy Profiteers // page 29

32 2 MANDATORY PUPPY WARRANTIES For every dog sold, a warranty must be given for financial reimbursement if the puppy dies or develops a hereditary defect within a specified period. The warranty would oblige the breeder or dealer to reimburse the price of the animal in case of mortality due to a number of contagious diseases within the relevant incubation period, or in the case of certain hereditary defects. This proposal mirrors a measure in Belgium where, for every dog sold, a warranty must be given obliging the breeder or dealer to reimburse the price if the animal should die due to one of a number of contagious diseases within the relevant incubation period. A refund is also due if certain hereditary defects emerge. OneKind believes that a warranty would be an excellent protection for purchasers buying a family pet. It would provide an inducement for the public to buy only from licensed vendors, and provide for financial redress in circumstances where people might not be prepared to return a sick puppy. Very often, when problems emerge, the last thing a new owner wants to do is to return the puppy to the breeder. In the absence of an immediate ban on third-party sales, if dealers in Scotland were also required to provide a warranty as part of their licence conditions then they would also have an incentive to source only from establishments such as licensed dog breeders, against which they would have redress. A warranty could also be incorporated into the sales contract. The exact nature of the warranty should be developed so as to provide the maximum consumer protection and, therefore, the greatest incentive for dealers and individual purchasers to source from licensed and reliable premises. page 30 // Scotland s Puppy Profiteers

33 3 SALES IN LICENSED PREMISES ONLY The handover of the puppy must take place at the address of the premises in Scotland where the animal was born or kept. The aim of this measure is to end car park handovers where the purchaser has no knowledge of the puppy s parents or place of birth. Ideally, no-one should ever buy or sell a puppy without there being considerable communication between the buyer and the seller. Without this, there can be no understanding of where the puppy came from and how it spent the first weeks of its life, nor any provision for its future welfare in a new household. Both buyer and seller have a responsibility to ascertain these basic facts. It is already illegal under Section 2 of the Pet Animals Act 1951 for a vendor to make a sale in unlicensed premises. Arguably the same should apply to the purchaser placing the onus on the new owner to source responsibly and intelligently. With increasing public knowledge of the illicit puppy trade, buyers should beware of anyone who offers to meet and hand over a puppy in a less than formal way. As described at point 7 of this Plan, vendors should also take time to go through and agree the Puppy Contract with the new owner. As far as dealers are concerned, the Licensing of Animal Dealers (Young Cats and Dogs) (Scotland) Regulations 2009 already require dealers to exhibit their licences to the purchaser. In practice, this may rarely happen due to purchaser and vendor ignorance. The dealer s licence must state the address of the premises in Scotland where the animals are kept but there is no requirement for the handover of the puppy to take place at that address. Imposing such a condition would reduce the number of handovers made in public spaces such as laybys and car parks. Purchasing from the designated place would also give the buyer a chance to see the breeder or dealer s health and welfare standards. Scotland s Puppy Profiteers // page 31

34 4 CAP THE NUMBERS IN BREEDING ESTABLISHMENTS The number of breeding bitches that may be kept in a single establishment should be limited and there should be a limit on the number of animals for which a single individual may be responsible. Dogs are domesticated animals that require interaction with humans. This applies not only to the puppies who are being prepared for life with a human family or household, but also to the adult dogs that live permanently at the breeding establishment. The Scottish Government Code of Practice for the Welfare of Dogs 52 stresses the importance for puppies of socialisation with people, dogs and other animals and stresses the importance of obtaining a puppy from an environment where its behavioural needs have been met. A dog should continue to have a range of social and environmental stimuli throughout its life, but this is clearly more difficult to provide where dogs are kept in very large numbers throughout their breeding lives. Puppies need long periods of rest to develop a healthy body and temperament, and should not be disturbed while sleeping. Again, this is difficult to observe in a large unit where there are many dogs and barking may be endemic. Scottish Government should draft model conditions setting out detailed requirements for food, exercise, human interaction and so on, in addition to the licence conditions already specified in the Breeding of Dogs Act(s). The conditions should also set a ratio for personnel to dogs, of no more than 1:10. page 32 // Scotland s Puppy Profiteers

35 Currently, the number of dogs that may be kept is a matter for the local authority to determine. As far as the ratio is concerned, the Chartered Institute for Environment Model Licence Conditions for Breeding Establishments for England state that: As a guideline, it may be considered that a full time attendant may care for up to 20 dogs. In domestic environments, it is advisable for other members of the household, or dog sitters to be provided with guidance notes in regard to general day-to-day care feeding, grooming, cleaning, exercise and compatibility issues especially where several dogs, or breeds of dogs, are involved. For commercial day care establishments, the Royal Environmental Health Institute of Scotland (REHIS) advises a ratio of 1:5 or 1:6 staff to dogs for new establishments. For longer established operations, and following a risk assessment, the REHIS states that the ratio may be increased, but should not exceed 1: It follows that dogs living in breeding establishments should receive at least this level of attention. This provision would not apply to rescue centres that acquire dogs for re-homing, without paying any money for them Animal Boarding Establishments Act 1963, Commercial Day Boarding of 53 Dogs: Licensing Conditions and Guidance, REHIS September 2014 Scotland s Puppy Profiteers // page 33

36 5 MAKE EVERY COMMERCIAL SALE SUBJECT TO LICENCE OR REGISTRATION The threshold for designation as a commercial dog breeder should be reduced to two litters in a year, while anyone selling a single litter should have to register to acquire a limited temporary licence from the local authority for the activity. In Scotland, a breeding establishment business is defined under the Breeding of Dogs Act 1973 (section 4A) as a place where: a person keeps a bitch at any premises at any time during any period of twelve months the bitch gives birth to a litter of puppies at any time during that period a total of four or more other litters are born during the period to bitches in the establishment or connected with it. There can be some confusion around the threshold as a breeder may well be breeding on a commercial basis with a smaller number of dogs the important test is whether the puppies are bred to be sold. For England, DEFRA proposed in 2016 to reduce the threshold to three litters per year. However, animal welfare groups including OneKind believe that the threshold should be two litters or more. While one litter could be an accident, breeders who are producing more than a litter a year are clearly running a business breeding and selling dogs. OneKind also believes that every single sale should be subject to a licensing or registration requirement. This is intended to deter hobby breeders from operating without any inspection or knowledge on the part of the authorities. This is inappropriate as the sale of even a single litter can generate several thousand pounds in income. Licensing every sale would allow for the imposition of conditions related to animal welfare, consumer protection and taxation, as well as encouraging or mandating the use of a puppy contract. Given the ease of online registration, this would not be onerous for either the breeder or the local authority; conversely, it would provide access to guidance and information and would give councils a comprehensive picture of dog breeding activities in their areas. page 35 // Scotland s Puppy Profiteers

37 6 MANDATORY STANDARDS FOR INTERNET SALES Standards for all internet sites that carry adverts for pets for sale, currently voluntary under the Pet Advertising Advisory Group (PAAG) banner, should become mandatory. The Pet Advertising Advisory Group standards are comprehensive and potentially offer significant protection for animals and consumers, but they have only been adopted by a small number of classified advertising sites. Arguably, the voluntary approach needs to be strengthened by legislation. Since regulation of the internet is a reserved matter, this measure would probably require implementation by the UK Government. However, the Scottish Government could make regulations requiring those breeders and dealers licensed in Scotland to adhere to a code when advertising their wares on the internet. 7 EDUCATE CONSUMERS Scottish Government (and also UK government, Welsh Government, Northern Ireland Government, animal welfare groups, breed organisations, Kennel Club/Scottish Kennel Club etc) should all collaborate on a public education programme designed to stop people ordering and taking delivery of puppies without knowing more about their origins. Specifically, an education programme should encourage vendors and purchasers to use the independent Puppy Contract, originally devised by the BVA and RSPCA (see page 29 of this report for more information). Anyone searching for a reputable breeder simply needs to ask if they use the Puppy Contract if not, steer clear. Scotland s Puppy Profiteers // page 36

38 8 BETTER CONTROLS ON ENTRY TO UK The age for dogs to enter the United Kingdom under the Pet Travel Scheme should be increased to six months. No more than two puppies should travel with each passenger, with a maximum of three per transport. The Westminster EFRA Committee report into domestic animal welfare 54, published in early 2017, recommended that the age at which dogs are allowed to enter the United Kingdom under the Pet Travel Scheme (PETS) should be increased to six months, thereby reducing their commercial value to smugglers. OneKind calls on the UK government to progress this recommendation as a matter of urgency. At the same time, reducing the overall numbers per consignment would reduce the profitability of the trade page 37 // Scotland s Puppy Profiteers

39 photograph by Credit PhonlamaiPhoto