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

THE ONEKIND PUPPY PLAN Eight action points to protect puppies in Scotland

1 Ban third-party sales 6 Mandatory standards for internet sales The third-party sale of (i.e. sale by dealers and Standards for all internet sites that carry adverts for pet shops) should be banned. pets for sale, currently voluntary under the Pet Advertising Advisory Group (PAAG) banner, should 2 Mandatory puppy warranties become mandatory. For every sold, a warranty must be given for financial reimbursement if the puppy dies or 7 Educate consumers develops a hereditary defect within a specified period. Government, groups, veterinary organisations and breed organisations should 3 Sales in licensed premises only collaborate on a public education programme The handover of the puppy as part of a sale must designed to stop people buying puppies without take place at the address of the premises in Scotland knowing more about their origins. Specifically, this where the animal was born or kept. should promote the BVA AWF/RSPCA Puppy Contract.

4 Cap the number of dogs 8 Better controls on the import in breeding establishments of puppies into the UK The number of breeding bitches that may be kept in The age for dogs to enter the under a single establishment should be limited and there the Pet Travel Scheme (PETS) should be increased should be a limit on the number of animals for which from 15 weeks to six months. No more than two a single individual may be responsible. puppies should travel with each passenger, with a maximum of three per transport. 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. 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 10 3. 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 24 4. 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. SC041299 50 Montrose Terrace, Edinburgh, EH7 5DL www.onekind.scot

With thanks to

DESIGN John Nicol www.industrycottage.co.uk

PHOTOGRAPHY GlobalP iStock

Scotland’s Puppy Profiteers // page 1 1. Introduction

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

page 2 // Scotland’s Puppy Profiteers The great injustice is that, while humans choose to live OneKind invites everyone with an interest in welfare and work in this environment and make money from it, and justice for animals to support the eight-point Puppy the dogs have no choice whatsoever. At its most extreme, Plan, which offers practical, proportionate solutions to this injustice leads to the infliction of chronic suffering, a long-running and distressing problem. Breeding and deprivation of basic needs, illness and a life that might well selling dogs is a legitimate activity, as long as it is carried be judged “not worth living”. out humanely, and gives full recognition to the needs of the sentient individuals, and appropriate care. There EIGHT-POINT PUPPY PLAN FOR CHANGE are good breeders who do this and many of them are Like all other campaigning charities in this field, OneKind actively working to improve the industry. However, until believes that this injustice must stop. We will work with the problems of farming, trafficking and the apparently policy makers and other animal welfare and veterinary insatiable public demand for designer breeds are resolved, organisations to bring about meaningful, enforceable puppy profiteering will continue to damage dogs, owners changes to the law, allied with better public education. and their families.

photograph - Miras Wonderland iStock Scotland’s Puppy Profiteers // page 3 2. The puppy profiteers

The puppy trade in Scotland and the UK, which includes Probably the largest legal puppy farm in the UK is the the import, breeding and sale of puppies for commercial UK Dog Breeding Academy, which featured in the BBC purposes, is diverse, ranging from hobby breeders to large- Scotland documentary The Dog Factory in April 2015, scale “farms”. Most welfare concerns relate to larger-scale and is still licensed by Fermanagh County Council to keep operations that – whether wilfully or not – sacrifice welfare over 500 adult dogs and their puppies. Reporters for the standards for profit, a practice that OneKind calls “puppy BBC Scotland programme filmed barren conditions and profiteering’ to distinguish it from responsible actors within automated feeding systems, in conditions that would the trade. compare unfavourably with the most intensive livestock farming environments. Scotland’s Chief Veterinary Officer WHAT ARE PUPPY FARMS? described the conditions filmed on the farm as “barbaric”2. The defining characteristic of a puppy farm is that it is a place where dogs are bred in large numbers, and purely for PUPPY TRAFFICKING commercial purposes. These are not family pets producing At the most basic level, puppy farms are simply providing the occasional litter: they are part of an industrial-scale goods to be traded or trafficked. There has always been operation. an illicit trade in puppies, operating below the licensing radar via classified advertisements in newspapers, or The number of dogs in breeding establishments can vary word of mouth. Nowadays, however, the market has enormously, with some breeders keeping a few bitches of grown exponentially, fuelled by ease of purchase over the one or two breeds while others keep dozens. In some parts internet, consumers who can no longer wait for the right of the UK – Northern Ireland, for example – breeders can pet to come along and, above all, the efforts of a large be licensed to keep hundreds of adult dogs; the numbers of and determined sector bent on making money without puppies born in a unit each year must be in the thousands. caring about welfare. It has become an international affair, often bound up with criminality and operated by ruthless Sometimes, the conditions in puppy farms are so appalling individuals. that they are often, rightly, described as “horrendous”1. Welfare problems can arise in any large-scale unit, and IRELAND can escalate to a situation of outright suffering when The importation of puppies from Northern Ireland and the operators of the unit fail in their duty of care. Lack of the has been a matter of concern for hygiene, proper diet, and routine health measures and many years. Currently, the size of the trade into the UK is veterinary attention can lead to puppies being sold to new estimated at 40,000 puppies per year3, although official owners with a burden of parasites, preventable infectious import statistics set the number at around 10,0004. diseases, and painful or chronic inherited conditions, from which many do not recover. The consequences include The welfare issues were highlighted in a number of unnecessary animal suffering and heartache for the high profile cases starting around 2001, when large puppies’ new families. consignments of puppies were found in very poor

page 4 // Scotland’s Puppy Profiteers conditions in cars, vans and trailers arriving in Scotland Due to EU trade rules it was not possible simply to ban from the Republic of Ireland, via Northern Ireland. the trade with Ireland. Instead, the Licensing of Animal Dealers (Young Cats and Dogs) (Scotland) Regulations Dealers were said to be: 2009 were brought in to protect welfare and impose “[…] purchasing very young animals, without proper a rigorous licensing regime that would discourage the documentation, from unregulated puppy farms outwith importation of puppies for resale through dealers. Scotland and transporting them in very poor conditions. Many of these young animals are not robust enough to Almost a decade after the passage of these Regulations, survive. Cramped conditions, mixing of litters and long puppy trafficking into Scotland continues almost transportation times heighten the risk of infection and unabated. Co-ordinated operations involving the Special parasitic infestation and create a breeding ground for Investigations Unit of the Scottish SPCA, Police Scotland disease. Other serious health and behavioural problems and other animal protection agencies including the Ulster are also common but by the time these come to light the and Irish SPCAs, under the title of Operation Delphin, animals have usually been sold to the public, many of have intercepted numerous illegal imports at the port of these sales taking place illegally on the street or at car Cairnryan. boot sales5”

1 e.g. Dr John Bradshaw, University of Bristol, commenting on footage of UK Dog Breeding Academy, The Dog Factory April 2015 2 Sheila Voas, CVO Scotland, commenting on footage of UK Dog Breeding Academy, The Dog Factory April 2015 3 RSPCA 2016, Sold a Pup? report https://view.pagetiger.com/RSPCAPuppyTradeReport 4 http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2016-01-13/22443 5 Explanatory Notes to draft Regulations 2008 http://www.legislation.gov.uk/sdsi/2008/9780110816739/pdfs/sdsien_9780110816739_en.pdf

photograph by Roman Samokhin Scotland’s Puppy Profiteers // page 5 PUPPIES TRAFFICKED FROM IRELAND

1. In early June 2016, twenty puppies were discovered in 3. On 27 July 2016, twenty puppies and an adult female the boot of a car at Cairnryan during an investigation by dog were seized at Cairnryan by the Scottish SPCA, again the Scottish SPCA as part of Operation Delphin. All of the as part of Operation Delphin. It is believed the puppies puppies were deemed to be too young to travel, with some were bred in the Republic of Ireland and were transported apparently taken from their mothers at only four weeks through Northern Ireland before being seized in Scotland. old. None had the correct paperwork or were microchipped The Ulster Society for the Prevention of Cruelty to Animals to an approved database. All the puppies were thought (USPCA) estimated the value of the consignment at to have been purchased from large puppy farms in the around £10,0000. The puppies were returned to Northern Republic of Ireland. Ireland and taken to the USPCA animal centre in Newry8.

The puppies, all small breeds including Shih Tzus, Cocker 4. A Dundee woman was convicted in October 2017 of Spaniels, Pugs, Cavalier King Charles Spaniels and Bichons selling farmed puppies in car parks. Jaimie Colquhoun was Frises, were signed over to the Irish Society for the convicted of welfare offences and for selling dogs without Prevention of Cruelty to Animals (ISPCA) and taken back a pet shop licence after purchasing litters in Ireland, as well to Ireland to be cared for at the ISPCA’s National Animal as dogs from Hungary, for sale online. Centre in Longford6. Ms Colquhoun travelled as a ferry foot passenger to buy litters from a man she knew only as Thomas, before 2. A further ten puppies were seized on the evening bringing them home in carriers and selling the pups via of Monday 27 June 2016. They were thought to have Gumtree. They were then handed over in car parks in originated in County Louth and were sent back to Belfast Arbroath and Dundee. A number of puppies died shortly on the next ferry before being transferred to the ISPCA’s after they were sold. Some were reported to the Scottish animal centre in Longford7. SPCA which led to an investigation under Operation Delphin. Ms Colquhoun was convicted in October 2017 of what the Sheriff described as “serious offences”9.

6 http://dogstodaymagazine.co.uk/2016/06/28/car-boot-puppies-impounded-in-scotland/ 7 https://stv.tv/news/west-central/1358959-ten-puppies-seized-at-scots-port-in-illegal-dog-breeding-probe 8 http://www.itv.com/news/utv/2016-07-28/20-puppies-seized-in-swoop-on-illegal-dog-trading/ 9 https://www.thecourier.co.uk/fp/news/local/angus-mearns/530163/web-warning-over-puppy-purchases-after-tayside-womans-conviction-in-cruel la-de-vil-case/

page 6 // Scotland’s Puppy Profiteers photograph by EvgenniAnd iStock Scotland’s Puppy Profiteers // page 7 EASTERN EUROPE

Due to changes in gathering official statistics, it is difficult Unfortunately, the scheme is regularly exploited by traders to give an accurate figure for the size of the trade in to import up to five farmed puppies per traveller per puppies from Eastern Europe, but it is thought to have journey. Puppies are often much younger than 15 weeks overtaken the trade from Ireland. and travelling with forged vaccination certificates. Once across the border, pups can end up in any part of the UK Much of this trade exploits the EU Pet Travel Scheme with the only clue to their origins being the microchips (PETS)10 , intended to allow people to travel with their implanted prior to travel, although the regulations do family pets without having to quarantine them for six not require registration of the chips, and even then some months on return. The scheme allows pet dogs, cats and traders remove them to avoid detection. ferrets to enter the UK without quarantine as long as they are health checked and vaccinated against rabies. Initially, The third successive investigation by the welfare charity, the UK applied a derogation from the main EU scheme the Dogs Trust, Puppy Smuggling: A tragedy ignored13 which meant that a six-month waiting period had to be recorded a bus journey from Lithuania to Great Britain, served after vaccination, although it could take place prior lasting more than 29 hours. Four unaccompanied puppies to entry to the UK. The legislation was relaxed in 2012 (two Terriers, one Maltese and one Dachshund) to reduce the waiting period to three weeks and to allow were transported in pet carriers alongside other goods. individuals to bring up to five animals into the UK, after Despite high temperatures, the puppies were watered just vaccinations. In effect this means that any dogs imported twice on a journey exceeding 29 hours and not fed at all. under PETS must be at least 15 weeks old, as rabies The puppies left the carrier very briefly on two occasions for vaccine is ineffective in pups younger than 12 weeks. The the carriers to be cleaned. One of the puppies was observed legislation11 was amended again in 2014 and a further vomiting and another eating its own faeces. review by DEFRA is under way12.

10 Regulation (EU) No 576/2013 on the non-commercial movement of pet animals http://eur-lex.europa.eu/legal-content/EN/TXT/? qid=1404462096889&uri=CELEX:32013R0576 11 Non-Commercial Movement of Pet Animals Order 2011 (as amended by the Non-Commercial Movement of Pet Animals (Amendment) Order 2014) 12 http://www.gov.scot/Topics/farmingrural/Agriculture/animal-welfare/ImpExp/pet 13 https://s3-eu-west-1.amazonaws.com/assets.dogandcatwelfare.eu/live/media/publicationtemp/puppy_smuggling_report_final_pdf.pdf 14 http://www.eveningtimes.co.uk/news/14748443.Trading_Standards_issue_warning_over_illegally_trafficked_dogs_after_North_Ayrshire_ Council_rescue_puppy 15 RSPCA (2016) Sold a pup? Exposing the breeding, sale and trade of puppies. [online] Available at: https://view.pagetiger.com/RSPCAPuppy 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 2016 https://consult.defra.gov.uk/exotic-disease-control/petorderreview/supporting_documents/Consultation%20Document.pdf 17 https://www.bva.co.uk/uploadedFiles/Content/News,_campaigns_and_policies/Get_involved/Consultation_archive/Final%20BVA%20re sponse%20to%20Non-commercial%20Movement%20Pet%20Animals%20Order%202011 page 8 // Scotland’s Puppy Profiteers PUPPY TRAFFICKED FROM EASTERN EUROPE

Oscar, a French bulldog/English bulldog cross was bought In its response to the recent DEFRA consultation on the online by a North Ayrshire couple thinking they were PETS system17, the British Veterinary Association (BVA) getting a bargain. However, this very young animal had suggested: been illegally trafficked and had travelled over 1,000 miles from mainland Europe to Scotland, with a forged pet “It may be possible to mitigate this risk going forward by passport. He was too young to have been vaccinated restricting the number of animals that can travel to five for rabies. per consignment rather than five per person. For puppies under 6 months the number could be restricted to two As required under animal health legislation, North Ayrshire per consignment, with a total of three animals allowed Council Trading Standards officials confiscated Oscar in per consignment. This would accommodate 96.2% of September 2016 and it appeared that the owners would UK households travelling under the pet travel scheme . In either have to pay £1,500 to have their pet quarantined addition to this measure, amendment of the Pet Animals or pay to have him put down. In the event, the Dogs Trust Act to cover commercial sales over the internet could be was able to take ownership of Oscar and organise the considered.” quarantine, with the aim of rehoming him later. Other suggestions are that the age for all dogs to enter The Senior Manager for North Ayrshire Council’s Protective the United Kingdom under the PETS system should be Services said that the fraud was a sophisticated one, increased to six months, thereby reducing their commercial involving the falsification of authentic passports and dogs value to smugglers; and that dogs should only be being crossed to appear older than they really were. The available from licensed, regulated breeders or approved council has taken in over 300 underage ‘designer’ puppies rehoming organisations. OneKind supports both of these including dachshunds, French bulldogs, pugs and chow recommendations. chows since December 201514. The Dogs Trust has carried out three intensive, fieldwork- In 2012 alone, following the reduction of the quarantine based investigations in Eastern Europe and the UK. period, the declared import of dogs from Hungary, Among other things, the investigations found that puppies Romania and Lithuania increased on the previous year by continue to be bred in large numbers in Central and Eastern 450%, 1150% and 507% respectively15. Between 2011 Europe, sometimes in horrific conditions, before being and 2016 the number of dogs entering the UK via the PETS subjected to long, arduous journeys, often with little or no system rose from 85,299 to 275,87616. 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 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 PUPPY TRAFFICKING ECONOMICS of quarantine for any puppies seized. The Dogs Trust The online trade in Scotland has been estimated to have Puppy Pilot was set up to take unwanted puppies through a value of £13 million per annum20. In August 2017, quarantine and into its own rehoming network. Between responding to Public Petition PE164021 in the Scottish December 2015 and May 2017, 571 out of 841 puppies Parliament, Police Scotland commented on the Irish trade: were intercepted and quarantined. The largest number of puppies taken through the scheme arrived from Hungary, “[..] the largely cash based nature of this activity is Poland and Lithuania with Latvia, Slovakia and Romania undoubtedly attractive to those involved in this activity who also predominant. More than 95% of puppies rescued by have no regard for the animals or members of the public Dogs Trust were deemed too young to travel and 6% sadly they interact with.” died due to poor health, malnutrition and dehydration. Sending a puppy from Eastern to Western Europe can 18 Murray JK, Browne WJ, Roberts MA, Whitmarsh A, Gruffydd-Jones TJ double or even treble its sale price. Figures gathered by (2010) Number and ownership profiles of cats and dogs in the UK. Vet the EU Dog and Cat Alliance showed that a French Bulldog Rec. 166 (6): 163-168. 10.1136/vr.b4712. Cited in BVA response 19 Dogs Trust 2017 Puppy Smuggling: A Tragedy Ignored https://s3-eu- with a value of £387 in the Czech Republic could sell for west-1.amazonaws.com/assets.dogandcatwelfare.eu/live/media/ £1,586 in the UK, where sale prices were only outstripped publicationtemp/puppy_smuggling_report_final_pdf.pdf by those in Sweden. A dachshund worth £96 if sold in 20 Wyatt, T., Maher, J and Biddle, P Scoping research on the sourcing of pet dogs from illegal importation and puppy farms 2016-2017 Report for Romania could fetch over £1,000 in the UK. The Dogs Trust Scottish Government http://www.gov.scot/Resource/0052/00527436.pdf has calculated that a breeder in Poland with 20 French 21 http://www.parliament.scot/GettingInvolved/Petitions/PE01640 Bulldog breeding bitches could earn £120,000 per year by 22 HMRC taskforce officer, pers comm 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 Table :1 Average price paid for puppies in Europe

Country Legal Sales Illegal Sales French Bulldog Dachshund Pug French Bulldog Dachshund Pug

Sweden £1885 £1271 £1666 £1139 £657 £877 UK £1586 £1011 £889 N/A N/A N/A France £1315 £1315 £1341 £350 £350 £350 Germany £1315 £789 £1578 £811 £811 £811 Czech Republic £928 £387 £471 £350 £185 £269 Poland £723 £524 £491 £626 £104 £521 Lithuania £657 £329 £614 £263 £122 £188 Hungary £526 £526 £526 £219 £219 £219 Romania £467 £96 £280 N/A N/A N/A Spain £298 £263 £263 N/A N/A N/A

Source: EU Dog & Cat Alliance Member Data

Research by Her Majesty’s Revenue and Customs (HMRC) RSPCA, Scottish SPCA and police, and HMRC is using both suggests that the puppy trade is a multi-million pound civil and criminal enforcement powers to tackle the people industry, with tens of thousands of animals sold each year. responsible. The intention is to target individuals known to HMRC sources have commented that a French Bulldog can be involved in the trafficking and selling of dogs that have command £1,200, an Imperial Miniature Shih Tzu can sell originated outside the UK. Much of the early focus has for £3,500 and there are reports of English Bulldogs being been on the Scottish port of Cairnryan and the trade from sold for £7,00022. Ireland, although it now appears that some puppies may be travelling from mainland Europe via Ireland. In this black or illicit market, sales are generally not declared because of the underground nature of the activity, Clearly, the more puppies imported in each consignment and therefore no tax is paid. The HMRC Hidden Economy as supposed family pets, the greater the profit to be made unit has therefore set up a taskforce, which has revealed on each journey. For this reason, reducing the number of the extreme lengths to which criminal puppy dealers will go puppies that may be brought in under the PETS scheme, in order to maximise their profit and avoid tax. Taskforce as suggested by the BVA, would help to bring visibility and teams are investigating these cases with the support of the accountability to breeders.

Scotland’s Puppy Profiteers // page 11 3. Puppy breeding and dealing in Scotland

UNLICENSED BREEDING AND DEALING IN SCOTLAND

Anyone breeding puppies commercially for sale must Anyone who deals in puppies bred elsewhere must also obtain a licence from the local authority. This requirement have a licence. Regrettably, there are frequent cases of applies to anyone breeding five or more litters per year commercial breeding and dealing in Scotland undertaken although it can also apply where there are fewer litters. without a licence. Often, these operations are allied to extremely poor welfare for the dogs involved.

IMPORTED DOGS NEGLECTED BY AIRDRIE PUPPY FARMER 23 Many of the dogs suffered from diarrhoea and worms. A puppy farmer, who kept dozens of Bulldogs in appalling Some did not get proper treatment for skin conditions, eye conditions at his home in North Lanarkshire, was found conditions and conditions affecting their paws. One of the guilty in May 2017 of nine offences under the Animal dogs received a fractured jaw, which was untreated and Health and Welfare (Scotland) Act 2006 and one offence then became infected. under the Pet Animals Act 1951. Sentencing Christopher Gorman on 21 July 2017, the Sheriff at Airdrie said: Concerned puppy buyers alerted the Scottish SPCA, who “Between June and October 2015, you acquired a large removed all Mr Gorman’s dogs in 2015. However, he simply number of dogs including puppies imported from acquired more and these, too, had to be removed. One and Lithuania and you used your home and garden to keep was suffering so badly it was euthanised immediately. and sell them for profit. You kept those dogs and puppies in Christopher Gorman received a six-month Restriction of an unsuitable and unhygienic environment exposing all of Liberty Order for the animal abuse offences. He was also them to faeces and diarrhoea, failing to protect them from fined £500 and disqualified from owning, keeping or suffering injury, bullying, fighting and disease.” selling animals or running a pet shop for a period of 10 years. Prior to the verdict, the Scottish SPCA had to care “You persisted in keeping them in such conditions, ignoring for around 45 dogs for 18 months and reported that their expert advice on care and treatment from the SSPCA and a veterinary costs alone amounted to well over £150,000. 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.”

23 https://www.bva.co.uk/uploadedFiles/Content/News,_campaigns_and_policies/Get_involved/Consultation_archive/Final%20BVA%20re sponse%20to%20Non-commercial%20Movement%20Pet%20Animals%20Order%202011

page 12 // Scotland’s Puppy Profiteers LEXI THE JACKAHUAHUA

In 2015, Jade H and her partner saw an advertisement continued to fall out and Jade kept her warm in a sock as on Gumtree for a black and white Jack Russell type puppy. there was no coat small enough. When it did come in, she They contacted the seller and were told that they could see turned out to be ginger and white, unlike the puppy shown the puppy with both its parents before purchase – but they in the photograph on Gumtree. should hurry, as other people were also interested. This conversation led to a late-night tour of southern Scotland, Lexi turned out to be a fighter, and survived. But even with Jade and her partner receiving different directions and now, at two years old, she carries the legacy of her terrible postcodes that led them eventually to a remote farm in the start in life. Unable to go out for walks until she was seven Borders. months old, due to her respiratory problems, she is still “a nightmare” on the lead. She is not allowed to run too far as Jade told OneKind: her lungs and windpipe are scarred and her heart is weak.

“We went into the house and the puppy was virtually Jade and her partner paid the breeder £250 for Lexi, and thrown at us while the owner took the money from us. ten times that amount for veterinary care. In addition to There was no sign of any other dogs being there – it was the cost, they found the experience mentally and physically more like a drop-off point. We were keen to get away and draining – partly because of their anger at the dealer (who didn’t get to look at her properly until we stopped at a could not subsequently be traced) and the knowledge service station up the road. Oh my God. She was so small that in some way their purchase would encourage him to and skinny, with a swollen belly and dull runny eyes. She continue selling puppies. was coughing, but the cough was so weak you could hardly hear it. Worst of all, she was almost bald and the exposed “That’s the bit I hate the most”, said Jade. “He took the skin was red and raw.” money knowing she was going to die, or else cost us hundred of pounds. I know that buying Lexi just gave him Lexi was taken to the vet the next morning where her age more money to get more puppies – in fact the next day was estimated at around 4 weeks. She weighed around we saw more pups advertised – but we could not leave her. 250 grams. She was infested with fleas, lice and mite and She was so ill, she could barely cough. It’s just great that suffering from gastro-enteritis, pneumonia and kennel she’s still here.” 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

Scotland’s Puppy Profiteers // page 13 Table 2: Licensed breeders by local authority area LICENSED BREEDING AND DEALING IN SCOTLAND

LOCAL NO OF DOG YEAR AUTHORITY BREEDING INFORMATION ESTABLISHMENTS OBTAINED ------Aberdeen City Council 0 2017 ------Aberdeenshire 14 2017 ------Angus 11 2016 ------Argyll and Bute 2 2016 ------Clackmannanshire 0 2016 ------Dumfries and Galloway 9 2016 ------Dundee City 0 2016 ------East Ayrshire 8 2017 ------East Dunbartonshire 2 2017 ------East Lothian 0 2016 ------East Renfrewshire 1 2016 ------Edinburgh City 1 2017 ------Falkirk 2 2016 ------Fife 7 2016 ------ City 1 2016 ------Highland 1 2016 ------Inverclyde 0 2017 ------Midlothian 0 2016 ------Figure 1: The number of licensed puppy breeding establishments in each Moray 1 2017 ------local authority. Light blue=0; Darker blue= 1-4; Orange= 5-9 and Red= 10+ North Ayrshire 2 2016 ------North Lanarkshire 3 2016 ------Orkney 0 2017 45 ------40 Perth and Kinross 5 2017 ------35 Renfrewshire 0 2017 ------30 Scottish Borders 4 2017 25 ------Shetland Isles 0 2016 20 ------South Ayrshire 4 2017 15

------Number in Scotland 10 South Lanarkshire 16 2017 ------5 Stirling 1 2016 ------0 Western Isles 1 2017 Small Medium Large ------West Dunbartonshire 0 2016 Size of Establishment ------West Lothian 1 2017 ------Figure 2. The number of dog breeding establishments in Scotland, TOTAL 97 ------categorised by size: Small (1-9 breeding bitches), Medium (10-19 breeding Source: For 2016 data: The Commercial Breeding and Sale of Puppies bitches) and Large (20+ breeding bitches) in the United Kingdom and Republic of Ireland https://commercial NB: There are fewer than the total 96 Scottish dog breeding establishments that requirement.” saleofpuppies.wordpress.com/; For 2017 data: FOI inquiries made to included in this graph as not all establishments have number of breeding the appropriate Local Authorities. bitches listed on their license. page 14 // Scotland’s Puppy Profiteers While the problems of illegally imported puppies and TYPICAL LARGE BREEDING ESTABLISHMENT illegally bred puppies from within the UK are serious and significant, it would be a mistake to ignore the large Licensing of breeders provides a number of safeguards for number of legal breeding farms operating in Scotland. dogs and for prospective purchasers of puppies. However, Having a local authority licence means that it is legal to anyone intending to buy from a large-scale commercial run a dog breeding business, and there is no centrally breeder should be aware that the conditions are quite stipulated limit on the number of breeding bitches and different from those offered by a smaller licensed breeder. adult male dogs that the licence may allow. Responding in August 2017 to Public Petition PE164024 on the Field workers visited a typical breeding establishment, irresponsible breeding and sale of dogs, the Convention of licensed for up to 35 breeding bitches, in autumn 2017. Scottish Local Authorities (COSLA) and Trading Standards Like most large-scale establishments, this one specialised Scotland (TSS) commented25: in small breeds such as cocker spaniel, Lhasa Apso and Shi Tzu. The field workers noted that some puppies were “Where there are large numbers of bitches the breeding housed in a portacabin, while more dogs were kept in a could be considered to be industrial. Consideration should building some distance away and could be heard barking. be given to the fact that dogs are eventually intended to One-week-old puppies and their mother were housed in a be kept as pets within a family home and to ensure this is plywood pen without any bedding, other than shredded done safely requires the dog to be appropriately socialised newspaper. Another puppy had a plastic bed, again from an early age. Keeping large numbers of dogs in one without bedding, which had been chewed around the sides. establishment can make this problematic and can also lead to psychological problems within the dogs. Consideration Six-week-old puppies were shown to the field workers. should also be given to the fact that control of infection They appeared healthy but were dirty and their paws were and disease is far more difficult where large numbers of covered with faeces. They were for sale for between £500 dogs are kept in an area. Without proper disease control, and £700, depending on breed. consumers could end up with a pet that has a shortened lifespan and during that lifetime requires costly veterinary The breeder asked the field workers if they had experience attention. The Scottish Government Veterinary Adviser with dogs but did not ask if they had a garden or if the has stated that he considers the keeping of more than 10 puppy would be left home alone while the couple were at breeding bitches as intensive breeding and would advise work. When asked, the breeder said that a puppy contract against it. We would therefore see it as desirable that an could be provided and that the dogs could be returned up upper limit for the number of breeding bitches in any one to five days after sale. establishment be set”.

24 http://www.parliament.scot/GettingInvolved/Petitions/PE01640 25 http://www.parliament.scot/S5_PublicPetitionsCommittee/ Submissions%202017/PE1640A_COLSA_and_Trading_Standards_ Scotland.pdf

Scotland’s Puppy Profiteers // page 15

While most private dog owners treat their pets as LICENSED BREEDER GIVEN individuals and members of the family, the lives of dogs 15-YEAR BAN FOR NEGLECT 30 kept in their tens and dozens even in legal breeding operations are very different. A licensed dog breeder in South Lanarkshire failed to provide necessary veterinary treatment or adequate There are around 100 licensed breeders in Scotland, the nutrition for 36 breeding dogs and puppies in her care. smallest having around 4 bitches and the largest over 70. The local authorities with the largest numbers of licensed Morag Jackson was found guilty of four offences under the dog breeders are South Lanarkshire (16), East Ayrshire (13) Animal Health and Welfare (Scotland) Act 2006 following and Aberdeenshire (14)26. an investigation by the Scottish SPCA, and banned from keeping dogs for 15 years. Ms Jackson was also given a East Ayrshire has several large dog breeding facilities within Community Payback Order requiring her to carry out 200 its boundaries, the largest of which was licensed until 2017 hours of unpaid work, and made to forfeit the dogs that to keep 76 breeding dogs27, although this has now been had been in her care. reduced to 3728. Scottish SPCA Inspectors responded to a complaint in At the end of 2016, an application from Stephen and Hazel August 2015 about the conditions of puppies kept at the Hamilton to open a breeding farm with up to 40 bitches breeder’s address. Following further enquiries, the premises in East Ayrshire provoked widespread public outrage and were searched under warrant on 17 September 2015. opposition. Mr and Mrs Hamilton are related to the owners of the UK Dog Breeding Academy and are said to have A number of dogs were found housed in pens in cramped, imported puppies to Scotland from there29. dirty and unhygienic conditions. There was little bedding, food or water. The only food seen was in a mouldy tub The proposal was described in the media as the first teeming with maggots, which had been left out for a application for an “industrial” breeding facility (although Yorkshire terrier and her newborn pups. there are other, equally large, operations in Scotland) and in the end East Ayrshire Council refused the application. A West Highland terrier type named Abbey was found An appeal against the Council’s decision was withdrawn in in a small pink carrier on a shelf, too small for the dog June 2017. Another breeder in Aberdeenshire is licensed to even to turn round, and with very little light. Abbey was keep 60 breeding bitches of nine different breeds30. underweight, suffering from a severe skin complaint, and had alopecia. 26 Information from https://commercialsaleofpuppies.wordpress.com/ accessed March 2017 27 ibid A total of 36 dogs were removed from the premises and 28 Response to OneKind FOI request, 14 September 2017 required prolonged care at Scottish SPCA centres. 29 Sunday Post, 4 December 2016 https://www.sundaypost.com/fp/plan- for-scotlands-first-industrial-puppy-farm-in-ayrshire-spark-outrage/ 30 Information from https://commercialsaleofpuppies.wordpress.com/ accessed March 2017

page 16 // Scotland’s Puppy Profiteers 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(£) ------1 Labradoodle 13 8 750 106,000 Cockerpoo 7 5 800 ------2 Labrador 6 8 650 West Highland White Terrier 3 4 490 43,280 Border Terrier 2 5 620 ------3 Yorkshire Terrier 3 3 450 Shih Tzu 2 3 700 40,850 Lhasa Apso 7 6 475 Bichon Frise 6 4 550 ------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 breederof Puppies should in the United be aware Kingdom that and the Republic conditions of Ireland are https://commercialsaleofpuppies.wordpress. quite different from those offered by com/`a smaller accessed licensed March 2016.breeder. Price per puppy estimated from data obtained from breed specific websites, accessed October 2017.

BREEDER AND DEALER LICENSING The breeding and sale of dogs in Scotland is regulated premises, enabling councils to act on suspicions that a by the Breeding of Dogs Act 1973 31, as amended by the dog breeding establishment may be operating without a Breeding of Dogs Act 1991 32 and the Breeding and Sale of licence. In Scotland, but not England, the Act applies both Dogs (Welfare) Act 1999 33. to breeding and rearing establishments so that anyone who obtains puppies and keeps them for sale must also The Act requires establishments where five or more litters have a licence. of puppies are born in a year to be licensed by the local authority and covers bitches kept in a separate location, or The local authority has the discretion whether to grant a by relatives of the owner. Some local authorities require a licence and, before doing so, must satisfy itself that: licence for a smaller number of litters – for example, West • the animals are provided with suitable Lothian Council requires breeders producing four or more accommodation, food, water and bedding material litters a year to be licensed, and sets welfare standards for • are adequately exercised and visited at both domestic and non-domestic breeders 34. suitable intervals • that all reasonable precautions are taken to prevent Local authorities have powers to inspect unlicensed and control the spread of diseases amongst dogs.

31 Crown Office media release 11 August 2016 http://www.copfs.gov.uk/media-site/media-releases/1382-south-lanarkshire-dog-breeder-sentenced- for-neglect 32 https://www.legislation.gov.uk/ukpga/1973/60 33 http://www.legislation.gov.uk/ukpga/1991/64/contents 34 https://www.westlothian.gov.uk/article/2613/Dog-Breeding-Licence

Scotland’s Puppy Profiteers // page 17 In addition to ensuring that dogs are kept in suitable The Scottish Government announced in September 2017 accommodation, the law also places limits on the that it was undertaking a review of dog breeding and frequency and timing of breeding. Bitches must not be licensing in Scotland. In this context it is worth noting mated before they are a year old, must have no more that reforms announced in early 2017 for England include than 6 litters in a lifetime and must only have one litter plans to make it illegal to sell puppies younger than eight every 12 months. Breeding records must be kept to ensure weeks, and require anyone breeding and selling three or that these requirements are observed. Puppies that are more litters of puppies a year to apply for a formal licence. produced at licensed breeding establishments can only be Breeders who fail to comply with these rules face an sold at those premises, a licensed pet shop or a licensed unlimited fine and/or up to six months in prison35. Scottish rearing establishment.

page 18 // Scotland’s Puppy Profiteers LOCAL AUTHORITIES IN SCOTLAND MUST PLACE THE FOLLOWING CONDITIONS ON BREEDERS’ LICENCES 36 :

- that the dogs will at all times be kept in - that bitches are not mated if they are less than one accommodation suitable as respects construction, year old; size of quarters, number of occupants, exercising - that bitches do not give birth to more than six litters facilities, temperature, lighting, ventilation of puppies each; and cleanliness; - that bitches do not give birth to puppies before the - that the dogs will be adequately supplied with end of the period of twelve months beginning with suitable food, drink and bedding material, adequately the day on which they last gave birth to puppies; and exercised, and visited at suitable intervals; - that accurate records in a form prescribed by - that all reasonable precautions will be taken to regulations are kept at the premises and made prevent and control the spread among dogs of available for inspection there by any officer of the infectious or contagious diseases; local authority, or any veterinary surgeon or veterinary - that appropriate steps will be taken for the protection practitioner, authorised by the local authority to of the dogs in case of fire or other emergencies; inspect the premises. - that all appropriate steps will be taken to ensure dogs will be provided with suitable food, drink Breeding of Dogs Act, as amended, section 1(4) and bedding material and adequately exercised when being transported to or from the breeding or rearing establishment;

Scotland also has specific legislation concerning puppy The licence conditions require: each animal to be given dealing – the Licensing of Animal Dealers (Young Cats a unique identification number; a written record to and Dogs) (Scotland) Regulations 200937. Both breeders accompany each animal; a veterinary examination within and dealers are subject to the wider provisions set out in 24 hours of being acquired by the dealer; and the animals these Regulations on animal welfare, animal health and must be kept separate from other animals for a period of transportation. This includes not selling a young dog (or not less than 10 days before they can be sold. a young cat) under 12 weeks of age, and not transporting such an animal unless accompanied by its mother.

35 https://www.gov.uk/government/news/new-plans-to-crack-down-on-backstreet-puppy-breeders 36 https://www.animallaw.info/statute/uk-dog-breeding-dogs-act-1973 37 http://www.legislation.gov.uk/sdsi/2009/9780111002469/contents photograph by Cynoclub Scotland’s Puppy Profiteers // page 19 UNLICENSED DEALER GUILTY OF NEGLECT38 In Scotland, OneKind has campaigned for several years In November 2016, at Hamilton Sheriff Court, a Wishaw for a review of the Pet Animals Act to bring it up to date man received a lifelong ban on owning and keeping and fit for the internet age. The review called for must animals,a community pay back order of 240 hours unpaid address online sales with the aim of ensuring that, while work, and a £2,880 fine,to be paid within four months. The the internet may be used for advertising animals for sale or individual had failed to provide protection from disease re-homing, a purchase cannot be made without seeing the or provide veterinary treatment to a number of Cockapoo vendor and the animal prior to sale. puppies, which he was selling without a licence. OneKind is a member of the UK-wide Pet Advertising A Scottish SPCA Inspector said that the pups would Advisory Group (PAAG), which has been successful in undoubtedly have been bred in very poor conditions recruiting a number of major classified advertising sites to on a puppy farm in Southern Ireland, with little or no sign up voluntarily to its minimum standards40, although socialisation. Due to the stress of their upbringing and the advertisements of concern do still appear. Other sites have transportation and changes in environment their immune lower standards and it is even harder to monitor or regulate systems would have been very weak, increasing the risk of open and closed Facebook sites selling animals. disease and premature death. In England, the Westminster Environment Food and Rural PET VENDING LEGISLATION Affairs Committee (EFRA) report on the welfare of domestic The Pet Animals Act 195139 requires anyone conducting pets41 recommended that the PAAG minimum standards a business of selling animals as pets at premises of any should be made mandatory for all websites where pets are nature (including a private dwelling) to obtain a licence. advertised and sold; and that all internet advertisements should include the registration or licence number of Before granting a licence, the local authority must be the seller. satisfied that the animals are kept in suitable, clean accommodation; that they are supplied with appropriate OneKind supports a legislative ban on all third party sales food and drink; and are adequately protected from disease of dogs, which would cover pet shop sales as well as and fire. The local authority may attach any conditions dealers, and this could also form part of the wider pet to the licence, may inspect the licensed premises at all vending reforms. 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.

page 20 // Scotland’s Puppy Profiteers ANIMAL WELFARE LEGISLATION Anyone in Scotland who is responsible for an animal must OneKind believes that the conditions found in large comply with the Animal Health and Welfare (Scotland) Act breeding establishments would almost invariably fail to 200642. Section 24 of the Act places a duty of care on a meet the requirements of the Code, if these were person who has care of an animal to provide for its needs. strictly applied. These needs include: • the need for a suitable environment (including For example, section 1.2 of the Code requires dogs to have appropriate accommodation or shelter and a their own bed, with comfortable bedding, placed in a quiet comfortable resting area); draught-free area. Section 3.4 states that puppies need • a suitable diet, which should be adequate to maintain long periods of rest: the noise of a puppy farm is likely to full health and vigour through every phase of life; cause stress and deny them the rest that they require. • the ability to exhibit normal behaviour, this could be met by providing sufficient space, appropriate Puppies in large breeding facilities are denied the facilities as well as the company of the animal’s opportunity to socialise with people, dogs and other own kind; animals, which the Code (s.3.2) describes as “an essential • the need to be protected from suffering, injury and part of early learning”, with the important period of disease. This includes protection from learning being from approximately 3 weeks to 8 weeks fear and distress by providing conditions which avoid of age. Section 3.2 also states: “… it is essential that mental suffering. Problems should be diagnosed you obtain your puppy from an environment where its quickly and appropriate treatment should be provided behavioural needs have been met”. Puppies born in for sick or injured animals by a veterinary surgeon barren, unsuitable breeding units are more susceptible to where necessary. developing behavioural problems that persist into later life, and this can lead to early euthanasia of a much- Using powers under section 37 of the Act, the Scottish wanted pet. Government has published a Code of Practice for the Welfare of Dogs , which sets out detailed recommendations A large-scale commercial operation is likely to be for meeting a dog’s needs at all times of its life. The Code motivated by profit rather than an interest in the is not legally binding but is intended to be taken into individual dogs, or in a specific breed. This encourages account in neglect or cruelty proceedings. 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.

38 http://dogstodaymagazine.co.uk/2016/06/28/car-boot-puppies-impounded-in-scotland/ 39 https://www.legislation.gov.uk/ukpga/Geo6/14-15/35 40 http://paag.org.uk/about-paag/minimum-standards/ 41 House of Commons Environment, Food and Rural Affairs Committee Animal welfare in England: domestic pets Third Report of Session 2016–17 Report http://www.publications.parliament.uk/pa/cm201617/cmselect/cmenvfru/117/117.pdf 42 https://www.legislation.gov.uk/asp/2006/11/contents

Scotland’s Puppy Profiteers // page 21

4. Addressing the puppy profiteers

To put an end to the suffering of puppies and breeding litters of puppies a year to apply for a formal licence. The bitches in the dog trade, we need urgent leadership from announcement stated: the Scottish Government and collaboration with the dog-loving public and stakeholders. The goal should be a “The new rules will mean smaller establishments - robustly regulated trade and well-informed, compassionate sometimes called ‘backstreet breeders’ - which supply breeders and owners. thousands of dogs to families each year, as well as larger commercial breeders, must meet strict welfare criteria to MEASURES IN PROGRESS get a licence”44 . Public concern about puppy farming and animal welfare in general has led to a number of commitments for change, PUBLIC AWARENESS AND PURCHASER BEHAVIOUR both north and south of the border. In September 2017 Two BBC Scotland documentaries – The Dog Factory the Scottish Government announced that it would work (2015) and BBC Scotland Investigates: Britain’s Puppy with charities and enforcement agencies to take forward Dealers Exposed (2016) have played a major part in the recommendations of research on illegal importation raising public awareness of the conditions in which puppies and sale from puppy farms. The measures proposed are being trafficked to Scotland from Ireland. included a communications campaign on the risks of buying puppies advertised online, and rehoming dogs However, even this graphic media coverage and years of supplied from abroad43. public information campaigns from animal welfare charities and enforcement agencies have not changed public Following the Scottish Government announcement, attitudes sufficiently to stem the puppy trade. Despite Christine Grahame MSP announced a proposal for a all the available advice, including information sections on Member’s Bill to make all puppy sales subject to a licensing many advertising sites, people persist in buying puppies or registration requirement, as well as a binding puppy without seeing them with their mothers, without seeing contract. where they were born, and without paying the standard price for the breed. The desire for a bargain is a strong Earlier in 2017, following a consultation on the licensing of motivation, as is the chance to acquire an unusual or a variety of animal establishment types, the Westminster status-enhancing breed. People are also often motivated government announced proposals to make it illegal in by kindness. Whilst they know that their purchase will only England to sell puppies younger than eight weeks, and to make way for a replacement to come onto the market, they require anyone breeding and selling three or more cannot turn away from helping a vulnerable young animal.

43 A Nation With Ambition: The Government’s Programme for Scotland 2017-18 http://www.gov.scot/Publications/2017/09/8468 44 https://www.gov.uk/government/news/new-plans-to-crack-down-on-backstreet-puppy-breeders, DEFRA news release 2 February 2017

photograph by Okssi68 Scotland’s Puppy Profiteers // page 23 PUBLIC EDUCATION URGENTLY REQUIRED Morgan W, a OneKind supporter who worked in a large pet many ‘puggles’ and ‘chorkies’ are you hearing about now? retail chain, met a customer who had recently purchased a Breeders are making a mug of owners and selling cross “teacup Pomeranian”. The customer disclosed that she had breeds for hundreds of pounds and passing them off as an not seen the puppy’s mother, but the supposed “breeder” actual special breed. But all owners are doing is spending had brought the puppies out to her car. No sample pack hundreds of pounds on a cross breed. of puppy food was supplied, simply a recommendation to purchase a particular brand. The puppy was not “There was another incident when a customer said she microchipped. The customer was advised to take the bought a German shepherd puppy out of guilt from puppy to a vet as soon as possible and to report the another ‘breeder’, as the conditions mother and puppies breeder, as the puppy might well have come from an illegal were in were so bad. This is the worst thing you can do, puppy farm. as you only keep bad practices going. She reported the ‘breeder’ afterwards.” Morgan’s experience highlighted the lack of public understanding about puppy farming. Morgan acquired her own dog, Dylan, from the Dogs Trust in 2006 after he and his siblings were brought to “Another customer asked me why puppy farming was so Scotland at around six months old. It was suspected that bad. Right there was the problem. Lack of education. I told he had come from a puppy farm. Dylan’s story ended well, her how not only is it illegal, but these ‘breeders’ have no however, as he lived a healthy, happy 10 years with Morgan welfare standards and are in it purely for profits. How and her family.

These motivations are currently being studied by endorsement; and educating consumers on their rights, sociologists at Northumbria University, in a project to thereby encouraging them to report illegal or irresponsible collect online sales data and conduct focus groups to trading. 45 analyse consumer behaviour related to buying puppies in Scotland . OneKind always recommends that people who want a pet should choose one from a reputable rescue centre, where In a detailed report covering all aspects of the trade in there are many loving and deserving animals waiting for Scotland, the authors’ recommendations for influencing a home. Individual breeders can provide standards far consumer behaviour included: early education of future superior to those in puppy farms, and anyone who is set consumers in school lessons; enhancing public awareness on having a particular breed should do the appropriate via press, social media and TV programmes, with celebrity research and choose a reputable breeder.

page 24 // Scotland’s Puppy Profiteers THE EUROPEAN DIMENSION The UK may be leaving the European Union in 2019, but, • Lack of knowledge and information about the even after that, traders are likely to find ways of importing keeping of pets: Less than a fifth of puppies from Eastern Europe, whether legally or illegally. prospective owners reported being well informed What happens in the EU therefore remains of crucial about animal health and welfare, including EU importance. rules on travelling with pets, intra-EU trade, zoonoses and consumer rights at the time of purchase of a dog 74% of Europeans believe the welfare of companion or cat. animals should be better protected than it is at present46 • Consumer protection: The majority of citizens and many animal welfare organisations believe that more surveyed in the study called for the EU to take action could be done at EU level to stem the trade in farmed in the area of consumer protection. Under EU puppies. Yet, at present, there is little pan-European consumer protection legislation, consumers are protection for dogs being traded across Community granted a six-month period in which to raise borders. complaints of defects. This does not protect consumers as inherited disorders and behavioural A European Commission study on the welfare of dogs problems may not become apparent until later and cats involved in commercial practices in 12 Member • Discrepancies in market data of pets: There is a States47, including the UK, identified five main areas of considerable – and concerning – discrepancy concern which potentially place the welfare and health of between the number of dogs estimated by the dogs and cats at risk: study to be traded between EU Member States each month (around 46,000) and the numbers • Breeding: There is a lack of specific legislation on registered in the Commission’s official TRACES breeding and keeping in many EU Member States, system (20,779 in 2014). 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.

45 Wyatt, T., Maher, J and Biddle, P Scoping research on the sourcing of pet dogs from illegal importation and puppy farms 2016-2017 Report for Scottish Government http://www.gov.scot/Resource/0052/00527436.pdf 46 Special Eurobarometer 442, published in March 2016 47 https://ec.europa.eu/food/sites/food/files/animals/docs/aw_eu-strategy_study_dogs-cats-commercial-practices_en.pdf

Scotland’s Puppy Profiteers // page 25 The EU Dog and Cat Alliance48, of which OneKind is OneKind believes that EU legislation of this nature is a member, is working for compulsory licensing and essential and, even after Brexit, will be beneficial in harmonised EU standards for dog and cat breeders, as well reducing the trade to the UK by placing greater restrictions as compulsory permanent identification and registration on puppy farming in those Member States where it is of dogs and cats on an appropriate national or regional currently rife. database, to be linked to an EU database.

page 26 // Scotland’s Puppy Profiteers THE PUPPY CONTRACT OneKind always recommends that anyone who wants to is effectively a contract, the elusive nature of some puppy add a dog to their household should visit a rescue centre farmers and dealers makes it difficult to enforce. The key where there are always many dogs needing homes. When difference with the puppy contract is that it requires the a purchaser is set on buying a particular breed, a reputable seller to disclose detailed information to the buyer in the breeder should be traced – although this can be easier PIP, which is referenced in the formal contract. This helps said than done. One reliable guide is to ask whether the the buyer to make an informed choice about the puppy, breeder uses the Puppy Contract49. and the costs and responsibilities they are taking on.

The contract, which is available for all breeders, sellers The Puppy Contract was developed by the British and purchasers to download, comes in two parts. Firstly, Veterinary Association (BVA) Animal Welfare Foundation the breeder or seller completes a Puppy Information Pack and the RSPCA “to empower puppy buyers and help them (PIP) with information about the puppy and the puppy’s to avoid the problems that can arise from buying a puppy parents. This will include, for example, details of any from an irresponsible breeder”50. It has been endorsed by relevant screening tests the puppy’s parents have had and the Advisory Council on Dog Breeding, BVA, Dogs Trust, the experiences that the puppy has had to prepare him/her Companion Animal Welfare Council, PDSA and Universities’ for life in a new home. Federation for Animal Welfare, and will be re-launched as an independent charity towards the end of 2017. OneKind The second part is the binding legal contract entered into also promotes the contract and is working with policy by both parties. While any agreement to purchase a puppy makers in Scotland to encourage greater uptake.

48 https://www.dogandcatwelfare.eu/about 49 https://puppycontract.rspca.org.uk/home 50 https://puppycontract.rspca.org.uk/home

photograph by Bigant_photography, Istock Scotland’s Puppy Profiteers // page 27 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 BAN THIRD-PARTY SALES 1 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 well- informed 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, 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 201651.

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.

51 https://publications.parliament.uk/pa/cm201617/cmselect/cmenvfru/117/117.pdf

Scotland’s Puppy Profiteers // page 29 MANDATORY PUPPY WARRANTIES 2 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 SALES IN LICENSED PREMISES ONLY 3 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 5453

CAP THE NUMBERS IN BREEDING ESTABLISHMENTS 4 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 Dogs52 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 5453

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 1:1053. 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.

52 http://www.gov.scot/Publications/2010/03/04105616/0 Animal Boarding Establishments Act 1963, Commercial Day Boarding of 53 Dogs: Licensing Conditions and Guidance, REHIS September 2014

Scotland’s Puppy Profiteers // page 33 MAKE EVERY COMMERCIAL SALE SUBJECT TO 5 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 MANDATORY STANDARDS FOR INTERNET SALES 6 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.

EDUCATE CONSUMERS 7 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 BETTER CONTROLS ON ENTRY TO UK 8 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 welfare54, 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.

54 https://publications.parliament.uk/pa/cm201617/cmselect/cmenvfru/117/117.pdf page 37 // Scotland’s Puppy Profiteers photograph by Credit PhonlamaiPhoto www.onekind.scot