Animal Health and Welfare (Sale or Supply of Pet Animals) Regulations 2019

• Jurisdiction: Ireland
• Citation: IR SI 681/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2020.

I, Michael Creed, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Animal Health and Welfare (Sale or Supply of Pet Animals) Regulations 2019.

(2) These regulations shall come into operation on the 1st of February 2020.

Interpretation

2. In these Regulations—

“Act” means Animal Health and Welfare Act 2013;

“pet animal” means an animal kept, or intended to be kept, by a person—

(a) as a pastime or hobby,

(b) for companionship,

(c) for ornamental purposes, or

(d) any combination of (a) to (c),

but does not include a farm animal;

“premises” means a premises used in connection with the sale or supply of a pet animal, but does not include a premises already registered under the Dog Breeding Establishments Act 2010 .

Minimum age for sale of certain animals

3. A person shall not sell or supply an unweaned pet animal or—

(a) a dog or cat that has not attained the age of 8 weeks,

(b) a rabbit that has not attained the age of 6 weeks,

(c) a guinea pig, gerbil or hamster that has not attained the age of 4 weeks,

(d) a ferret that has not attained the age of 8 weeks, or

(e) a mouse or rat that has not attained the age of 4 weeks.

Register of sellers and suppliers of pet animals

4. (1) The Minister shall establish and maintain a register (to be known as “the Register of Sellers and Suppliers of Pet Animals”) of persons who sell or supply pet animals.

(2) The Minister may enter a person’s name, address and other contact details in the Register of Sellers and Suppliers of Pet Animals, attach conditions to registration, revoke or vary a condition, attach a new condition, refuse an application, or revoke registration.

(3) Subject to paragraph (4), a person shall not sell or supply a pet animal unless—

(a) he or she is entered in the Register of Sellers and Suppliers of Pet Animals, and

(b) the premises he or she uses in connection with the sale or supply of a pet animal is entered in the Register of Premises in accordance with Regulation 5.

(4) Paragraph (3) does not apply to —

(a) (a) a person who sells or supplies not more than 5 pet animals within 1 calendar year,

(b) a person to whom the Dog Breeding Establishments Act 2010 applies, or

(c) a local authority or a facility run by or on behalf of a local authority.

(5) The requirement under paragraph (3) for a person to be entered on the Register of Sellers and Suppliers of Pet Animals is in addition to and not in substitution for a duty or obligation imposed on a person under any other enactment or rule of law with respect to a particular species or to animals generally.

Register of Premises

5. (1) The Minister shall establish and maintain a register of premises (to be known as “the Register of Premises”) that are used by sellers or suppliers of pet animals (to which Regulation 4 (3) applies) in connection with the sale or supply of such animals.

(2) The Minister may enter a person’s name and address, and the address of a premises in the Register of Premises, attach conditions to registration, revoke or vary a condition, attach a new condition, refuse an application or revoke registration.

(3) Without prejudice to the generality of paragraph (2), a condition to entry in the Register of Premises may—

(a) restrict the species, type, number or age of pet animals either generally or pet animals of a particular class or description that may be kept, sold or supplied on the premises;

(b) require a minimum level of training appropriate to the species or type of pet animal kept, sold or supplied on the premises to be undertaken by any person responsible for the care of the animal.

(4) A person registered on the Register of Sellers and Suppliers of Pet Animals shall not sell or supply a pet animal from a premises unless that premises is entered in the Register of Premises.

Conditions of registration

6. (1) An application for entry in the Register of Sellers and Suppliers of Pet Animals or in the Register of Premises (“the Registers”) shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(2) The Minister shall not consider an application for registration in the Registers if the application does not contain all the material and particulars sought by the Minister or is not accompanied by the fee (if any) set in accordance with section 73 of the Act.

(3) The Minister may refuse an application or revoke registration if—

(a) he or she is satisfied that the Act or these Regulations have not been or will not be complied with,

(b) the applicant or registered person has committed an offence under an enactment relating to animals, animal health and welfare,

(c) the operation of a premises poses a danger...