Replies to LegCo questions
LCQ11: Revise Animal Trader Licence
Following is a question by the Hon Fred Li and a written reply by the Secretary
for Food and Health, Dr York Chow, in the Legislative Council today (October
22):
Question:
In the middle of this year, the Government proposed, on public health and animal
welfare considerations, that the licensing conditions for pet shops which sell
dogs be amended to tighten the control on the sources of dogs offered for sale,
and had consulted the trade, animal welfare organizations (AWOs) and the Panel
on Food Safety and Environmental Hygiene of this Council on the proposal. In
this connection, will the Government inform this Council:
(a) given that the Food and Health Bureau has proposed in the paper submitted to
the above Panel in May this year that pet shops may only obtain dogs for sale
from four specified sources and the seller should only keep a single dog breed
with not more than two entire bitches, whether the Administration still
maintains these proposals at present; if not, of the details and the reasons for
that;
(b) when the new licensing conditions will be implemented; and
(c) given that AWOs have all along been opposed to the sale for profit of
offsprings of pet dogs by their owners, whether the amended licensing conditions
will prohibit such sale; if so, of the details; if not, the reasons for that?
Reply:
President,
The Agriculture, Fisheries and Conservation Department (AFCD) formed a
consultative group in 2007 with representatives from the pet trade, kennel clubs
and animal welfare groups to study how the existing animal welfare laws and the
conditions of Animal Trader Licence (ATL) could be further improved to better
safeguard animal welfare. During the discussions, representatives were generally
in support of revising conditions of the existing ATL with a view to tighten
control on the sources of dog supply.
In this connection, the Administration briefed the Panel on Food Safety and
Environmental Hygiene of the Legislative Council (the Panel) in its meeting in
February 2008. In May 2008, we exchanged views again with trade representatives
on the relevant revisions in a meeting of the Panel. Panel Members generally
welcomed the proposed revisions as a means to combat illegal animal trading
activities. However, some members were concerned that requiring local dog
breeders to obtain an ATL might bring difficulties to the trade. It was hoped
that AFCD could provide assistance to the trade regarding the latter's licence
application.
On the three parts of the question, our response is as follows:
(a) The Administration maintains its proposal whereby pet shops may only obtain
dogs from the four designated sources, and that persons selling their pets or
offspring of their pets to pet shops should only keep a single dog breed with no
more than two entire bitches.
(b) In response to members' suggestion for AFCD to assist the trade in applying
for ATL, over the past few months, AFCD has facilitated the communication
between government departments concerned and some local dog breeders who intend
to apply for ATL, so that the latter can obtain the relevant permissions. For
eligible dog breeders who have submitted applications for ATL, licences were
also issued. As at mid-October 2008, AFCD has approved 2 ATL applications
submitted by local dog breeding facilities.
We expect that the revised additional conditions of ATL will come into force in
2009.
(c) Public Health (Animals and Birds) (Animal Traders) Regulations (Cap. 139B)
provides that a person shall not carry on business as an animal trader otherwise
than under a licence. An exception is provided where a person sells or offers to
sell any animal or bird kept by him as a pet or any offspring thereof.
The requirement for persons selling their dogs to pet shops to keep a single dog
breed with no more than two entire bitches will not only prevent illegal
commercial breeders from putting themselves forward as ordinary pet owners and
thereby evading their statutory responsibility to apply for an ATL, but will
also allow pet shops to handle dogs in excess owned by genuine pet dog owners.
As the proposal could strike a balance between the two considerations, it would
be more reasonable than imposing an across-the-board ban to prohibit dog owners
from selling their dogs' offspring.
Ends/Wednesday, October 22, 2008
Issued at HKT 12:05
NNNN