Legislation – What’s Hot…The European Union Considers EU-wide Animal Legislation; In Other News- New Hampshire HB 1102-FN is Officially Dead
July 2024
Kelly Crouch, CFA Legislative Information Liaison
European Union Animal Legislation
The Council of the European Union negotiated animal legislation impacting breeders, sellers, exporters, and shelters that could become the first EU-wide animal law. To improve the welfare of cats and dogs “placed in the market,” consumer protection, and fighting illegal trade, the legislation would impose extensive “minimum standards” and inspections. The standards address the “five domains” – nutrition, environment, health, behavior, and mental state. Other components impacting breeders include traceability of commercially placed animals, pet buyer education, and animal caretaker training.
Despite recognizing that smaller breeders would be disproportionately affected by the provisions, the proposal still sets a low authorization threshold of producing or intending “to produce more than five litters per calendar year or that keeps more than five bitches or queens at any given time” for breeding establishments requiring approval. This is an increase from the original three bitches or queens and two litters or less language due to the veterinarian shortage. Partially exempt breeding establishments producing at most two litters per calendar year remain subject to many restrictions. Breeding restrictions include limits on frequency, age of the females, c-sections, inbreeding, bans on breeding hybrids, and “excessive conformational traits”. The last restriction prohibits breeding establishments from using animals with excessive conformational traits leading to a high risk of detrimental effects on the welfare of these animals. It mandates that breeding strategies minimize “the risk of producing dogs or cats with genotypes or phenotypes associated with detrimental effects on their welfare.” Some stakeholders wanted a total ban on breeding these animals. The European Commission rejected that suggestion because many of these breeds are linked to specific Member State traditions, such as the French Bulldog and Brussels Griffon.
Breeding and selling establishments are prohibited from using animals with “excessive conformational traits” or mutilations (i.e., docked tails) in aesthetic shows, exhibitions, and competitions. Show organizers must also exclude these animals from their shows.
The proposal requires EU-wide traceability of animals placed in the market via microchips and registration with a national database. Member States must ensure the interoperability of their databases with those of other Member States. Imports from outside the EU must also meet the traceability requirements and are subject to the same or equivalent standards contained in this legislation.
Member States are responsible for enforcement but can have more restrictive laws if they desire.
According to the press release linked above, “Negotiations between the Council presidency and the European Parliament will start once the Parliament has agreed on its position. The outcome of the negotiations will determine the final shape of the legislation.”
Fanciers can find more information on the legislation and the underlying research by following the links at the bottom of the press release.
New Hampshire Update
House Bill 1102-FN, which would have made selling or breeding with the intent to sell two or more cats or dogs with a defect that causes suffering an act of animal cruelty, officially died with the adjournment of the state’s legislative session.
You are our eyes and ears! Is detrimental legislation happening in your area? Please let us know. Contact the CFA Legislative Group at legislation@cfa.org
