Document type: answer to a question published in the Journal Officiel de la République Française
Authors: question : M. Karine Lebon (Réunion (2nd district) - Gauche Démocrate et Républicaine). Answer: French Ministry of Agriculture and Food Sovereignty.
Question: Ms Karine Lebon draws the attention of the Minister of Agriculture, Food Sovereignty and Forestry to the implementation of the ban on the sale of dogs and cats in pet shops since January 1, 2024, following the adoption of Law 1539 of November 30, 2021. Indeed, the new Article L. 214-6-3 III of the French Rural Code now stipulates that the sale of cats and dogs, whether for consideration or free of charge, is prohibited in pet shops. Decree 2022-1354 of October 24, 2022 on the protection of companion animals, which lays down the penalties relating to the above law, does not provide for any penalties in the event of violation of Article L. 214-6-3 II of the Rural Code. No regulatory text has yet been issued to remedy this situation, which leaves us with a legal prohibition, but no possibility of penalties in the event of any failure to comply. As a consequence, initial findings by animal protection organizations have shown that some pet shops are failing to comply with this legal provision, and are still openly offering puppies and kittens for sale on their premises. Furthermore, some pet shops state on their websites or on their premises that puppies and kittens can be viewed in a dedicated area within the establishment on request, which again constitutes a clear violation of the law that prohibits all sales in these establishments. She would therefore like to know when the Ministry intends to publish the decree setting out the criminal penalties applicable to the ban on the sale of dogs and cats in pet shops, and whether stricter controls will be enforced to punish establishments that circumvent the legal ban.
Answer: Pursuant to law no. 2021-1539 of November 30, 2021, aimed at combating animal mistreatment and strengthening the bond between animals and humans, pet shops have been prohibited from providing dogs and cats in their establishments, whether for payment or free of charge, since January 1, 2024. They may, however, offer cats and dogs belonging to animal protection foundations or associations, in the presence of volunteers from these foundations or associations. The final clause of Article L. 214-8, Paragraph VI, of the French Rural and Maritime Fishing Code stipulates that pet shops are permitted to sell pets online for a fee. An ongoing revision of the Order of April 3, 2014 laying down the health and animal protection rules with which all activities related to pets of domestic species must comply will provide a more precise framework for locations where dogs and cats are kept in this latter case. Given the time required to revise this decree, a transitional period is currently underway, during which the housing of dogs and cats by pet shops for online sales is tolerated. During this period of tolerance, however, animals must continue to be kept in facilities that comply with health and animal protection regulations. In the event of non-compliance with current regulations, inspectors may be required to issue a formal notice. An inspection visit is then scheduled, and if the formal notice is not complied with, penalties may be imposed. Additionally, the European legislation is currently being changed, at the instigation of the French government, with the European Commission's December 7, 2023 proposal on the welfare and traceability of dogs and cats on the European market. The French government played an active role in the European discussions on this draft regulation, proposing strong measures such as a ban on the use of electric collars, tail docking and the prolonged use of muzzles in places where animals are kept. This draft regulation is currently being debated by the European Parliament.
