Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024
On 21 November 2024, changes were made to the Prevention of Cruelty to Animals Act 1979 and the Companion Animals Act 1998 to ban puppy farming by establishing clear guardrails and standards for dog breeders. These changes apply to dog breeders across NSW.
- Mandating a maximum number of 20 female adult dogs over six months of age not rendered permanently infertile on a dog premises. Commencing from 21 November 2024, with transitional arrangements until 1 December 2025.
- Mandating unique identification numbers through the NSW Pet Registry for all dog breeders and rehoming organisations, enabling transparency of the sector and assisting people acquiring a puppy. Commencing from 1 December 2025.
- Introducing lifetime breeding limits for female dogs of five litters in total, or up to three caesarean litters with veterinary approval, whichever occurs first. Commencing from 1 December 2025.
- Establishing a standard of care of one staff member for every 20 dogs over 12 weeks of age to provide sufficient care, food and water. A litter under 12 weeks old will count as one dog for the purpose of calculating staffing requirements. Commencing from 1 December 2025.
- Strengthening advertising requirements for the sale or transfer of dogs. Commencing from 1 December 2025.
- Introducing a time limited exemption of 10-years for certain breeders with more than 20 female adult dogs on a premises to support facilities to scale down their operations and avoid any adverse animal welfare outcomes. Commencing 1 December 2025.
- Mandating compliance of all dog breeders with the Breeding Code of Practice (Breeding Code) and to take steps to ensure compliance of all staff members with the Breeding Code. Commencing from 1 December 2029.
The Board notes that under this legislation, specifically the lifetime breeding limits at (section 23H), there are new requirements for veterinary practitioners, which will require from 1 December 2025 -
- a person in charge of an adult dog that has had 2 deliveries by caesarean delivery must not allow the dog to become pregnant without the written approval of a veterinary practitioner, namely a veterinary certificate.
- a veterinary practitioner must not give approval unless reasonably satisfied the pregnancy will not cause a significant risk to the health of the adult dog.
- a person in charge of an adult dog that has had a delivery must within 14 days make a written record of the delivery specifying the date of the delivery, whether the delivery was by caesarean delivery or another method of delivery, details of the veterinary practitioner and veterinary practice who delivered the caesarean delivery, and also maintain a copy of any written approval issued by a veterinary practitioner.
A caesarean delivery is where at least one offspring is born using a caesarean section operation.
The amended Act establishes offences for breaches of these provisions which range from $880, for individuals and corporations breaching the requirement to notify certain changes or events; to a maximum of $110,000- or 2-years imprisonment or both for an individual, and $550,000 for a corporation for breaching the maximum cap of female adult dogs.
In the event that you suspect or know a person may have breached these provisions, you can report this to a POCTAA enforcement agency. In NSW, these include RSPCA NSW, AWL NSW, NSW Police, and the Greyhound Welfare Integrity Commission. You can find more information about POCTAA enforcement agencies on the department’s webpage here.
Reporting the issue helps keep breeders accountable and assists in the prevention of illegal or unethical breeding practices. The Veterinary Practitioners Code of Professional Conduct (cl 12) provides for veterinary practitioners to voluntarily report animal cruelty.
Further details of the passage of this legislation are available here.
Additional information is available on the department’s website – available here.