Wales introduces new legislation for selling animals as pets
Selling Animals as Pets: what is in and out of scope
The Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021 (“the regulations”) defines the licensable activities of selling pets, which is restricted to businesses or those operating on a commercial basis.
Business Test
There are two example business tests to be considered when determining whether an activity should be designated as commercial, and thus within scope of the regulations.
They are not the exclusive factors to be considered, but are examples and other factors, such as those listed in the nine badges of trade set out by HMRC, are also relevant. The regulations apply where the operator -
(a) makes any sale by, or otherwise carries on, the activity with a view to making a
profit, or
(b) earns any commission or fee from the activity.
Where a person holds a licence under the Animal Welfare (Breeding of Dogs)(Wales) Regulations 2014 they are not required to be licensed under this activity. Provided the person has bred the puppies or adult dogs themselves at their own premises.
What applies?
A licence will be required when one or more of the following criteria are met:
• The import, distribution and sale of animals by a business.
• Businesses registered with Companies House.
• Businesses or individuals operating from domestic premises for commercial
purposes (it should be noted that many may not be listed with Companies House).
• Premises open to members of the public, or to other businesses where animals are available for purchase.
The following may be considered as part of the business test:
• The import, distribution and sale of animals by means of a fixed fee;
• The purchase of animals with the express intent to sell them on;
• Where animals are bought and then re-advertised for sale, or sold within a short period of time;
• The number, frequency and/or volume of sales – systematic and repeated transactions using the same means of advertising are likely to indicate a commercial activity;
• High volumes of animals sold or advertised for sale, or a high number of litters or progeny could indicate a business;
What does not apply?
Activities that fulfil one or more of the following criteria do not require a licence:
• The infrequent sale of a small number of surplus offspring/excess stock by a private individual who breeds animals as a hobby, for pleasure, exhibition for prize, or for education, study or scientific advancement. A hobby breeder may not be breeding with the intention of making a profit. They may be breeding to further their breed health, to produce new show stock or to encourage the continuation of a rare breed.
• For low value species that may produce large numbers of excess stock, consideration should be given to the value of the stock and the likelihood that the seller is making a profit. If a profit is made, consideration should be given to the scale of the profit and whether there was a profit-seeking motive.
• Organised events where people meet to sell surplus animals they have bred, or animals that are surplus to their requirements, whether or not this is open to the public. Selling pet animals as a business from a market or stall is prohibited under Section 2 of the Pet Animals Act 1951.
• Aquacultural Production Businesses that are authorised under regulation 5(1) of the Aquatic Animal Health (England and Wales) Regulations 2009, and that are inspected by the Fish Health Inspectorate.
• The non-commercial rehoming of animals, including puppies and kittens.
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