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Government proposes to amend law to strengthen regulation of animal trading and dog breeding activities

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In response to public concerns about animal health and welfare issues related to the sale and breeding of animals, the Government proposes to amend the Public Health (Animals and Birds) (Animal Traders) Regulations (Cap. 139 sub. leg. B) to strengthen the regulation of animal trading and dog breeding activities.

Major amendments are as follows:

(1) To revise the licensing scheme such that any person who sells or offers to sell dogs must obtain a licence or a permit. Under the new regulatory regime, there will be three types of licence and one type of one-off permit, namely:

(a) Animal Trader Licence (ATL), which is the type of licence currently in place, for any person who sells or offers to sell dogs and/or other animals or birds at one premises, but does not keep dogs for breeding, as an animal trader;

(b) Dog Breeder Licence Category A (DBLA) for any individual who keeps four or fewer female dogs for breeding purposes at one premises, and sells, or offers to sell, those breeding dams or their offspring. Any individual may hold only one DBLA at any one time;

(c) Dog Breeder Licence Category B (DBLB) for any person who keeps a number of female dogs for breeding purposes up to the limit provided for in the licence at one premises, and sells, or offers to sell, those breeding dams, their offspring or dogs from other approved sources; and

(d) One-off Permit for any dog owner who sells, or offers to sell, a dog that the dog owner keeps as the licensed keeper of that dog. A maximum of two one-off permits only can be granted to any single individual within any four-year period.

Holders of the above licence and permit are prohibited from selling any dog to any person under the age of 16.

(2) To increase the penalty levels: the maximum penalty for selling animals or birds (including dogs), or keeping dogs for breeding and selling, without a licence or a one-off permit will be increased from a fine of $2,000 to $100,000. The maximum penalty for contravention of a condition attached to a licence or permit will be increased from a fine of $1,000 to $50,000.

(3) The Director of Agriculture, Fisheries and Conservation (DAFC) may refuse to grant or renew, or may cancel, a licence if the DAFC is not satisfied that the applicant or licensee is a suitable person to carry out the regulated activity. In considering whether an applicant or a licensee is a suitable person, the DAFC may take into account all relevant factors, for example, whether the person has a past record of breaches of relevant regulations or licence conditions.

(4) Existing ATL holders can continue their operation until their current licence expires. They should apply for a suitable licence thereafter.

A spokesman for the Food and Health Bureau said today (May 18), "In formulating the above measures, the Government has extensively consulted the public, the Legislative Council and relevant stakeholders. The Government notes that different stakeholders may have different views on the revised licensing regime. Some groups and individuals suggest the Government to introduce a single-tier licensing regime for dog breeders. Some, on the other hand, consider that animal health and welfare can be better protected by strengthening the regulation of animal trading and dog breeding activities. They call on the Government to implement the amendments as soon as possible. After taking into account the views of various parties, the Government believes that the current amendments serve the aim to promote animal health and welfare, and strike an appropriate balance between the protection of animal welfare and the interests of pet owners and animals traders."

To facilitate the day-to-day operation of the regulatory regime, the Government also proposes to amend the Schedule to the Specification of Public Offices Notice (Cap. 1 sub. leg. C), such that DAFC may designate any public officer to exercise, on DAFC's behalf, the powers conferred on DAFC under the specified provisions of the amendment regulation.

The Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 2016 and the Specification of Public Offices (Amendment) Notice 2016 will be published in the Gazette on May 20 and tabled before the Legislative Council on May 25 for scrutiny.

Ends/Wednesday, May 18, 2016
Issued at HKT 15:22

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12 Apr 2019