Document type: Answer to Questions 5678 and 4997 published in the Journal officiel de la République française
Authors: questions: M. Philippe Fait (Pas-de-Calais (4th constituency) - Ensemble pour la République) and M. Bruno Bilde (Pas-de-Calais (12th constituency) - Rassemblement National). Answer: Ministry of Agriculture and Food Sovereignty.
Question 5678: Mr. Philippe Fait asks the Minister of Agriculture and Food Sovereignty to clarify how the ban on the sale of dogs and cats in pet shops, provided for by the Law of November 30, 2021, which came into force on January 1, 2024, is being applied. This ban, which constitutes Article L. 214-6-3 of the French Rural and Maritime Fishing Code, is intended to combat impulse purchases of animals, prevent abandonment and encourage responsible adoption. However, it appears that some establishments are finding ways around this ban by continuing to sell animals from the rear of commercial premises, or by carrying out online sales accompanied by in-store collection, thereby failing to apply the spirit of the law. For example, reports have been received of a pet shop where dogs and cats are still being sold in contravention of the law. Moreover, it would appear that there are no penalties for breaching this ban, as Decree 2022-1354 of October 24, 2022 setting out the penalties for the 2021 law contains no specific provisions for the punishment of such fraudulent practices. In the absence of a clear system of penalties, pet shops that fail to comply with the law are continuing to operate with impunity. Given this situation, he would like to know what measures the Minister intends to take to ensure compliance with the ban on the sale of dogs and cats in pet shops, and to ensure stricter controls of the establishments concerned. He would also like to know whether the Minister intends to add a clause to the regulatory framework including specific penalties for any infringement of Article L. 214-6-3 of the French Rural Code. Last, he asks about the possibility of abolishing the current derogation that allows pet shops to sell animals online. This would strengthen the original purpose of the Law and avoid this circumvention of the ban.
Question 4997: Mr. Bruno Bilde draws the attention of the Minister of Agriculture and Food Sovereignty to the abuses linked to the sale of animals on the internet. Since 2016, the sale of pets has been prohibited to private individuals. Since January 1, 2024, pet shops have been banned from selling dogs and cats on their premises. However, some have discovered an alternative sales method by setting up a click and collect system, which allows pets to be sold online with in-store collection. A pet should not be treated as a simple object to be bought online. The provenance of these animals is often questionable. Given that their births have not come under the oversight of the authorities through official channels, this type of online marketing can lead to numerous health problems, neglect and abuse. What is more, the sale of animals on the Internet via a click-and-collect system encourages impulsive, purchasing without reflection, creating the conditions for future abandonment. He asks what measures the Minister intends to take to ensure that the current legislation is properly applied and to combat the illegal trade in animals.
Answer: For several years now, the Government has been committed to animal welfare, responding to strong and legitimate expectations among the general public, and it condemns all acts of abuse towards animals, whether on farms, in slaughter establishments or in private homes. In particular, since 2020 and thanks to the France Relance plan, over 36 million euros have been allocated to support animal protection associations and veterinary medicine. Similarly, since the adoption of the Law to combat animal abuse of November 30, 2021, four Implementing Decrees and six Ministerial Orders have been published, to enable training to be more thorough for employees who come into contact with pets, provision of information for new purchasers, monitoring of animal identifications for online sales offers, and the strengthening of penalties for acts of abuse. To extend the positive momentum kick-started by the Government, a plan dedicated to the welfare of companion animals was announced on May 22, 2024. Its National Monitoring Committee, chaired by the Minister for Agriculture, brings together four ministries, industry professionals and civil society players, to ensure that its actions are properly coordinated. Through it, the French government seeks to support and gain maximum benefit from current and future initiatives in three areas of activity: preventing and combating pet abandonment, improving the management of canine and feline strays, and preventing and combating pet abuse. The plan is structured around concrete measures that contribute to five key areas of practice: gaining an understanding of the current situation and identifying levers for action; informing, questioning and training; facilitating synergies between those involved in animal protection; making the regulations more effective in the protection they provide; and pursuing new funding mechanisms. Several actions under this plan have already been completed, are in progress or are planned for the near future, notably to increase responsible behaviors. in those involved in pet purchases. In application of the law of November 30, 2021 to combat animal abuse and strengthen the bond between animals and humans, pet shops have been prohibited from selling or giving away dogs and cats on their premises since January 1, 2024. They may, however, display cats and dogs belonging to animal protection foundations or associations in the presence of volunteers from these foundations or associations. The final clause in Article L. 214-8, Paragrahp VI of the French Rural and Maritime Fishing Code allows pet shops to sell pets online for a fee. The same article stipulates that the rules applicable to the layout and use of "premises, installations and equipment are specified by order of the Minister for Agriculture, taking into account the characteristics of each activity".
A forthcoming revision of the decree of April 3, 2014, setting out the health and animal protection rules to be followed in activities related to domestic pets, will provide a more precise framework for holding facilities, in this case for dogs and cats. Until the revision comes into force, 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. In addition, with regard to online sales, the law to combat animal abuse has introduced a requirement for advertisers to carry out prior checks in relation to sales offers for dogs, cats and ferrets, whether for a fee or free of charge. Only verified advertisements containing all mandatory information can be authorized and placed online. This mandatory information, concerning both the animal and its owner, must be checked through reference to the national database for domestic carnivore identification. To this end, the French Ministry of Agriculture has worked with Ingenium Animalis, the company in charge of the identification database, to set up a tool to verify this mandatory information. This tool has been available to advertisers since May 2024. Use of the tool will provide people wishing to acquire a dog or cat through an online transfer offer (purchase or sale) with a guarantee of the animal's origin, the accuracy of its description and the consent of the registered owner. Although failure to check advertisements is punishable by a fine of 7,500 euros, making private individuals aware of the importance of this requirement remains a major challenge to the measure's success. The government is therefore determined to step up its efforts to protect animals, and will remain attentive to reports of stray, abandoned or abused animals. The last of these may lead to prosecution, both in mainland France and in the French overseas territories.
