RSPCA NSW supports the legislative intent of the new Puppy Farm Bill, which aims to strengthen the regulatory framework for dog breeding in NSW. The Bill's stated intention is to regulate dog breeding, and the advertising of dogs for sale or other transfer and RSPCA NSW has always advocated for robust statutory protections for breeding animals in NSW.
The Bill, known as The Prevention of Cruelty to Animals Amendment (Puppy Farm) Bill 2024, was introduced to the NSW Parliament on Thursday, October 24, 2024, and is scheduled for further debate during the current Parliamentary sitting. If passed, it will take effect in three stages between November 2024 and December 2035.
While the move to regulate breeding is a positive step, this Bill falls short of properly and effectively promoting the welfare of dogs and cats and, in some areas, fails to protect cats altogether. Legislative protections must extend also to cats to address the welfare risks associated with intensive breeding practices.
In June this year, RSPCA NSW provided advice to the NSW Department of Primary Industry and Regional Development to inform the development of Puppy Farm legislation. The advice drew on nearly 100 years' experience enforcing the Prevention of Cruelty to Animals Act 1979 (NSW) (POCTAA), the Animal Welfare Code for Breeding Cats and Dogs, and our work treating and rehabilitating animals seized from breeders across New South Wales.
"The Bill we have now seen introduced to the NSW Parliament does not reflect the proposal we were asked to review in draft in June 2024, our advice at that time, or address the guidelines and enforceable standards within breeding establishments-a critical oversight that underscores the need to review and update the outdated 2009 Breeding Code of Practice," says RSPCA NSW Chief Veterinarian, Dr Liz Arnott.
"Dog premises with up to 50 female adult dogs on-site will still be legal for the next ten years in NSW once these reforms take effect, with no caps legislated for puppies or male dogs on site."
Amendments to POCTAA through the Puppy Farm Bill 2024 include:
- Maximum number of female dogs over the age of six months capped at 20 (with exemption in place up to 50 dogs until December 2035).
While RSPCA NSW recognises the potential benefits of reducing the numbers of dogs on a single premises, a cap on breeding females does not, on its own achieve this.Under the current proposal, dog premises as defined in the Bill, could still house an unlimited number of dogs at once taking into consideration male dogs, desexed animals and puppies. As there are no total limits being proposed, the welfare risks associated with intensively housed dogs remains.In addition to a cap on breeding females, a limit on total canine capacity for a premises would assist in ensuring that breeding facilities are not running at an intensity that is detrimental to the animals on-site.We also emphasise that there is no guarantee, by simply capping capacity, of an improved standard of care for dogs in these establishments without requiring this through an updated Code of Practice.
- Mandatory Breeder Identification Number (BIN) required.
The Bill requires people in charge of breeding females to apply for a BIN, 14 days after they become aware the dog is pregnant or seven days after the dog whelps, whichever is earlier. Evidence suggests there will still be significant issues with the uptake of this registration scheme.Registering dog breeders has the potential to improve oversight and communication within the compliant sector of the industry. However, such administrative amendment is unlikely to significantly improve conditions on their own, and bolstering enforcement agencies to support this law reform would be required to have wider benefits. Agencies like AWL, NSW Police and our organisation already have limited resources and must prioritise enforcement efforts that directly address and reduce animal cruelty.As of 2021, it was estimated that there were around 930 breeders in NSW, meaning the scale of the enforcement needed would be substantial.
- Lifetime breeding caps for female dogs.
The Bill limits breeding females to five total litters, and three deliveries via caesarean section. The ACT has limited total litters per female to four, and RSPCA NSW considers that appropriate both for reduced animal welfare risk, and jurisdictional consistency.RSPCA NSW provided advice in June 2024 that the maximum caesarean births should be limited to two.The need for caesarean confirms either a risk of, or diagnosed, dystocia (difficult or obstructed labour), and requires the animal to undergo anaesthesia and surgery with the associated risks and exposure to discomfort, pain and fear or anxiety related to hospitalisation and veterinary intervention. It also indicates an individual that will be propagating health and confirmational traits associated with higher risk of dystocia in its offspring. Limiting the number of litters for dogs that can't give birth naturally is essential to encourage breeding for healthier traits, ensuring future generations can whelp without complications.Therefore, a breeding female should be retired after a single caesarean in the majority of cases. There are a small number of scenarios where a following pregnancy may be considered low risk for requiring a subsequent caesarean which could influence the setting of mandatory caps.
- Minimum staffing ratios for dog breeding premises.
The Bill requires occupiers of a dog premises to provide one staff member to 20 dogs, with a requirement that the staff to animal ratio round up to the nearest whole number, meaning that one staff member is required for 20 dogs, and two staff members for both 30 and 40 dogs.RSPCA NSW considers the proposed staff-to-animal ratio is inadequate to ensure proper care. The current draft permits unqualified, part-time, volunteer, or family members to be counted as staff. Each dog may, on this calculation receive 24 minutes from the person required to care for them that day. This is far from sufficient to meet their needs, particularly when living in confinement conditions within a breeding facility.
- Requirements for advertising the sale or transfer of dogs.
The Bill requires breeders to disclose their breeder identification number when advertising dogs for sale and provides varying fine and imprisonment maximum penalties. There are existing penalty regimes in the context of advertising in both POCTAA and the Companion Animals Act 1998 (NSW) (CAA), which RSPCA NSW suggests mirroring to provide consistency.
- Exemption to maximum number of female dogs.
The Bill permits occupiers of dog premises to apply to the CEO OLG or their delegate to exceed the 20 female adult dog limit. From December 2026, the upper limit of such an exemption is 50 female adult dogs, and the Bill permits breeders between 20 and 50 dogs to operate at this higher cap until December 2035.RSPCA NSW has serious concerns about the proposed exemption which allows breeders to bypass the maximum number of female dogs for ten years. In addition, there are few criteria or guidelines on how applications will be assessed, creating uncertainty and ultimately, risks for animal welfare.
This Bill is an opportunity to modernise minimum standards for breeding in NSW. RSPCA NSW advocates for amendments to significantly enhance protections for animal welfare. These adjustments are aimed at addressing gaps that remain in the Bill, ensuring a higher standard of care, and improving oversight in breeding practices.
Key areas for improvement include:
- Removing the exemption for greyhounds, working dogs and assistance dogs: RSPCA NSW considers that there is no reasonable justification for excluding groups of a single species from animal welfare protections especially in circumstances where the risk to the welfare is equal to or greater than any other breeding scenario.
- Regulate the depopulation of dogs in breeding facilities from 50 to a compliant 20 to avoid wastage and the flooding of the rescue dog market: From December 2026 the Bill requires exemption holders (that is those facilities with between 21 and 50 breeding females) to report to the OLG CEO. This requirement should be strengthened by requiring breeders to lodge (and comply with) plans for the staged retirement of breeding dogs over the ten-year compliance period to avoid female breeding dogs being left languishing unwanted in breeding facilities or abandoned to the overwhelmed animal welfare sector. There should be requirements for breeders to fund desexing and transition to pet readiness.
- Limit the number of caesarean deliveries to two: RSPCA NSW recommends reducing this limit to a maximum of two caesarean deliveries.
- Establish a 1:10 staff-to-animal ratio: RSPCA NSW advocates for an amendment that requires one full-time, qualified carer per ten animals to ensure proper care and oversight.
- Stronger regulation for intensive breeding of cats: Legislative protections for companion animals used for breeding must include cats.
"There is still room to enhance this legislation to ensure it meets its statutory objectives. More importantly, it must prioritise animal welfare and use this opportunity in Parliament to meaningfully improve the lives of breeding dogs and cats," adds Dr. Arnott.
RSPCA NSW urges the NSW Government and all parliamentarians to consider further amendments that will strengthen protections and address the welfare needs of these animals.
The full version of the Prevention of Cruelty to Animals Amendment (Puppy Farm) Bill 2024 can be viewed here.
RSPCA NSW submission into the earlier Parliamentary Inquiry into Puppy Farming in New South Wales, 2022 can be viewed here.
