Putting an end to the business of cruelty. Home What we do Intensive Breeding Taskforce Legal Implications Legal Implications RSPCA NSW inspectors enforce The Animal Welfare Code of Practice – Breeding Dogs and Cats, which dictates the legal requirements for breeding operations in NSW. The Code sets standards for the care and management of breeding dogs and cats, including standards for housing, environment, security, animal management, food and water, cleaning and disinfection, transport, health and care, transfer of ownership, and breeding. Failure to meet these standards may result in our inspectors issuing one or more of the following: • A Section 24N Written Direction • An Infringement Notice (PIN) • An Official Caution In serious cases, failure to meet minimum standards may result in a prosecution under the Prevention of Cruelty to Animals Act (1979). In this scenario, animals may be seized, and Court Attendance Notices may be issued. It’s important to note that RSPCA NSW does not have the legal authority to simply “shut down” breeding operations, or seize animals without legally justifiable grounds. RSPCA NSW inspectors can only seize animals if they suspect, on reasonable grounds, that: an offence against The Prevention of Cruelty to Animals Act (1979) or The Animal Welfare Code of Practice is being, has been or is about to be committed the animal has not been provided with proper and sufficient food or drink during the previous 24 hours the animal is so severely injured, sick or in such a physical condition that it is necessary that the animal be provided with urgent veterinary treatment and that treatment is not being provided Unless at least one of the above conditions is met, our inspectors do not have the authority to seize an animal. 91% of breeder facilities inspected were non-compliant with the Code of Practice and were issued at least one Section 24N Written Direction. The legal process Report received by member of the public RSPCA NSW triages report and dispatches an IBTF inspector RSPCA investigates and determines course of action If the course of action immediately or eventually involves the seizure or surrender of an animal, the animal will be assessed by a veterinarian and given appropriate treatment. RSPCA will make an assessment and determine whether a prosecution will be initiated. Charges are laid to the person of interest and depending on whether the person pleads guilty or not guilty, the matter will be before the Court which often takes several months. The magistrate will determine the verdict and issue sentencing under the relevant legislation. Based on the determination, RSPCA NSW will look at rehoming options for an animal or in some cases, be required to return the animal to the original owner. Learn more about the Intensive Breeding Taskforce (IBTF) Donate to support our IBTFTip-Off FormThe Team Intensive Breeding Taskforce FAQsAre intensive breeding facilities illegal? In NSW, intensive breeding facilities, or puppy factories, are not explicitly illegal. However, the conditions in which we commonly see the animals being kept, bred and sold in these facilities, is illegal. The Animal Welfare Code of Practice – Breeding Dogs and Cats determines what is and is not ‘illegal’ in NSW. The Code sets standards for the care and management of breeding dogs and cats, including standards for housing, environment, security, animal management, food and water, cleaning and disinfection, transport, health and care, transfer of ownership, and breeding. Currently, there are no limitations on the number of animals or the number of litters that can be sold in NSW. Failure to meet Code standards may result in our inspectors issuing one or more of the following: A Section 24N Written Direction An Infringement Notice (PIN) An Official Caution In serious cases, failure to meet minimum standards may result in a prosecution under the Prevention of Cruelty to Animals Act (1979). In this scenario, animals may be seized, and Court Attendance Notices may be issued. What should I do if I think my dog was from an intensive breeding facility? Intensive breeding facilities are not illegal to operate and the reality is that many pets were bred in these kinds of places. However, if you are worried that your pet has health issues relating to how they were bred, it’s worth having a conversation with your veterinarian. If you would like to make a report or provide a tip-off about the breeding facility, you can do so here. Is there a safe way to look for a new pet online? While the internet is a great way to research and look for your new best friend, you need to be extremely cautious when buying a pet online. If you aren’t able to meet the breeder or animal in person before purchasing, we would suggest asking to have a video call with the breeder so you can see the animal, the housing conditions and ask any questions.
