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The Breeding and Sale of Dogs (Welfare) Act 1999, which amended and extended the provisions of the Breeding of Dogs Act 1973 and the Breeding of Dogs Act 1991, already provides protection for dogs used in breeding establishments. Under this legislation, any person who keeps a breeding establishment for dogs at any premises and carries on at those premises a business of breeding dogs for sale must obtain a licence from the local authority. Those people who are not in the business of breeding dogs for sale, so-called "hobby breeders", and produce less than five litters in any period of 12 months, do not need to obtain 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; and that all reasonable precautions are taken to prevent and control the spread of diseases amongst dogs. Local authorities are responsible for enforcing the legislation. In addition to ensuring that dogs are kept in suitable accommodation, the law also places limits on the frequency and timing of breeding from a bitch. Bitches cannot be mated before they are one year old, must have no more than six litters in a lifetime and can only have one litter every 12 months. Breeding records must be kept to ensure that these requirements are adhered to. Puppies that are produced at licensed breeding establishments can only be sold at those premises or a licensed pet shop.
The Animal Welfare Act 2006 provides powers to update existing animal welfare legislation, including the breeding of dogs legislation. In particular, the Act places on those who own or are responsible for animals a duty to ensure their animals' welfare.
This duty of care will help those who enforce the law, such as local authorities and the RSPCA, to take action when an animal is being treated contrary to its welfare needs, even though it may not be immediately suffering. A similar provision in law already exists to protect farmed animals. The duty means that all domestic or captive animals, including dogs kept at breeding establishments, must be cared for in accordance with good animal management practices. It enables those responsible for enforcing animal welfare standards to work with the owners and keepers to raise standards and, in cases where the owner or keeper is not prepared to provide the care that the animal requires, to take action through the courts.