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The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 No. 84

Protection from suffering, injury and disease

This section has no associated Policy Notes

8.—(1) All dogs for sale must be in good health.

(2) Any dog with a condition which materially affects, or is likely to materially affect, its quality of life must not be—

(a)transferred in ownership,

(b)offered for sale, or

(c)moved from the premises specified in the licence and on which the licensable activity is carried on, other than to an isolation facility or veterinary care facility where the animal is in need of isolation or treatment,

until it has recovered, ceased to require isolation or, where there is no need for the animal to be isolated, been certified by a veterinary surgeon as being in a condition that is suitable for such transfer, sale or movement.

(3) The licence holder must ensure that no bitch—

(a)is mated or undergoes a breeding procedure if aged less than 12 months,

(b)gives birth to more than one litter of puppies in a 12-month period,

(c)gives birth to more than 6 litters of puppies in her lifetime,

(d)is mated or undergoes a breeding procedure if she has had—

(i)two litters delivered by caesarean section, or

(ii)one litter delivered by caesarean section if the need for the caesarean section was due to the conformation of the bitch or her offspring.

(e)is mated or undergoes a breeding procedure if aged 8 or more years.

(4) Each puppy must be microchipped and registered to the licence holder before it is sold.

(5) No dog may be kept for breeding if it can reasonably be expected, on the basis of its genotype, conformation, behaviour or state of health, that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring.

(6) Each dog must be checked in person at least two times per day.

(7) Breeding bitches must be adequately supervised during whelping and the licence holder must keep a record of—

(a)the date of birth of each puppy,

(b)each puppy’s sex and colour,

(c)the number of puppies in the litter, and

(d)any other significant events.

(8) The licence holder must keep a record of each puppy sale including—

(a)the microchip number of the puppy,

(b)the date of the sale, and

(c)the age of the puppy on that date.

(9) The licence holder must keep a record of the following in relation to each breeding dog—

(a)its name,

(b)its sex,

(c)its microchip and database details,

(d)its date of birth,

(e)the postal address where it normally resides,

(f)its breed or type,

(g)the date or dates of any matings and breeding procedures (whether or not any such mating or procedure is successful),

(h)details of its biological parents,

(i)details of any veterinary treatment it has received, and

(j)the date and cause of its death (where applicable).

(10) In addition to the matters mentioned in sub-paragraph (9), the licence holder must keep a record of the following in relation to each breeding bitch—

(a)the number of matings and breeding procedures,

(b)its age at the time of each mating and breeding procedure,

(c)the total number of its litters,

(d)the date or dates on which it has given birth, and

(e)the caesarean sections it has had, if any, and their cause.

(11) Any preventative healthcare plan agreed with the veterinary surgeon with whom the licence holder has registered under the condition specified in paragraph 9(8) of the general conditions must be implemented.

(12) The licence holder must keep a record of any preventative or curative healthcare (or both) given to each dog.

(13) Where any other activity involving animals is undertaken on the premises on which the licensable activity of breeding dogs is carried on, it must be kept entirely separate from the area where that licensable activity is carried on.

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