The new scope requires that anyone breeding dogs and advertising a business of selling dogs obtain a licence.
The three litters are not the only reason why a licence could be required. The new Regulations set out that a licence will be required if there is any commercial selling of puppies and kittens. Indeed, it states that a licence will be applicable if the subject: (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, irrespective of the number of litters produced per year.
This is not restricted to registered businesses – individuals can also be classed as a business depending on the extent of their activities.
Again breeders that breed a small number of puppies (i.e. less than 3 litters per year), and that sell them without making a profit will be exempt, however the sale of even a small number of puppies with a high sale price would flag up the need for a licence.
Further examples are provided within the government’s guidance document: The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, Guidance notes for conditions for breeding dogs. Star rating The regulations also include a star rating system, which was designed to both reward high-performing breeding establishments and to give further help to the puppy buying public to identify good breeders. Licensed breeders will receive a star rating from one to five stars. Those with a five-star rating will receive a three-year licence, pay a lower fee, and will be inspected less frequently. Those at the other end of the spectrum will only receive a one-year licence, will pay a higher licence fee, and will be inspected with greater frequency. The star rating that is awarded will be based on two factors: the welfare standards against which the breeder is operating (i.e. whether the breeder makes use of health tests etc), and their risk rating, which is based on whether the breeder has a history of meeting these standards. Breeders operating to higher welfare standards and who have a history of maintaining these standards should receive a higher star rating, whilst those who are operating to the minimum standards and have no compliance history should be awarded a two-star rating. A one-star rating will be awarded to breeders who have minor failings. Welfare standards
HMRC badges of trade indicate that a profit-seeking motive is not the only marker set as to whether someone is operating a business, and DEFRA has made it clear that they do not intend to target hobby breeders under the regulations. It is important to note that the test of whether or not a breeder is running a business should be determined by HMRC’s nine badges of trade, which are applicable to everyone and not just dog breeders.
The regulations cover dog breeders, dog and cat boarders, pet vendors, those running horse riding establishments and those exhibiting animals in the course of a business. The litter threshold, as an addition to the business test, is unique to dog breeding. It has been included so that those who breed three or more litters and sell puppies, but who are not in the business of breeding and selling dogs, require a licence.2. Is it true that I will need a licence if I make more than £1,000 selling my puppies? We are aware of suggestions that there is a £1,000 threshold and that those above will require a licence and those below will not. This is only partially true.
The circumstances which a local authority must take into account in determining whether an activity is being carried out in the course of a business include, for example, whether 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 and/or advertises a business of selling dogs.
If you meet the licensing criteria (see question 2), then you will need a breeding licence. An advertisement for the sale of a dog must include your licence number, the issuing local authority, a recognisable photograph of the dog being advertised, and the dogs age. Puppies must not be sold until they are a minimum of 8weeks of age. A different type of licence is required for those who are selling puppies they have not bred themselves.6. Will I need a breeding licence to sell my puppies?
How many litters can a dog have legally UK?
The new scope requires that a licence is obtained by anyone “breeding three or more litters of puppies in any 12-month period.” The new Regulations reduce the threshold from 5 litters before requiring a licence to 3 litters.
How many litters can a dog have legally AKC?
New legislation will help to prevent puppy farming which the Countryside Alliance says is a serious welfare issue, as dog breeders are limited on the number of litters a bitch can produce
Dog breeders will be limited to just two litters a year under strict new animal welfare laws announced by DEFRA secretary Andrea Leadsom this month.
Anyone breeding and selling three or more litters of puppies a year will now have to apply for a licence and meet “strict welfare criteria”. The current law allows dog breeders to have up to four litters a year before needing a licence. Furthermore, it will be illegal to sell puppies less than eight weeks old. Breeders who break the new rules face a fine and up to six months in prison.