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                    Breeding By Law                   

www.shootingtimes.co.uk
30 October 2008
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The Kennel Club has called for statutory power over breeders.  Club secretary Caroline Kisko explains its reasoning.


The Kennel Club (KC) recently proposed to the Government that it should be given powers to ensure that anybody who breeds dogs should be part of its Accredited Breeder Scheme and should comply with the standards it requires.  These standards place great emphasis on ensuring that dogs are tested so that those with faulty genes are not bred from to avoid a detrimental effect on future generations.

The reason the KC is seeking these powers is simple - the current system is not working.  While the KC's Accredited Breeder Scheme now has more then 3,000 members, many thousands of people are still choosing to register their litters with us or with other registries outside this scheme.  Often this is because those outside the scheme know themselves to be responsible breeders and so don't see the need to join;  Sometimes it is because they don't understand the difference between KC Accredited Breeder Scheme and the KC basic registration system;  occasionally it is because the breeders are unscrupulous and do not want to sign up to a system that puts healthy dogs above commercial gain.

However, so long as registration with the Kennel Club is voluntary we are forced to rely on the effectiveness of local authorities to be the arbiters of quality care and to give or refuse breeding licenses.  Sadly, it is plain that this system is not curbing the activities of puppy farmers but without statutory powers the KC is powerless to stop this and to demand high standards from those breeders bringing the activities of the responsible dog community into disrepute.

The effectiveness of the current licensing system should be a lesson to us all.  The KC, as a specialist organisation whose profits go back into the health and wellbeing of dogs, is better placed than a distant bureaucracy to take on the crucial task of safeguarding the future of all dogs.  We want to ensure that everybody follows KC Accredited Breeder standards continually in the area of testing, as scientific advances, which are funded by the KC Charitable Trust and dog breeders, are made.

If the KC and the dog breeding world do not take this opportunity, the task may well be outsourced to other organisations with far less knowledge of the specialised world of breeding dogs.  If the KC does not grab the statutory bull by the horns, irresponsible breeders will continue to bypass the Accredited Breeder Scheme and use other registries that are motivated by financial gain and make no attempt to ensure that dogs are health checked - and who, incidentally, will not put a penny back into funding the very research that will enable us to develop more tests in the future.  The grave outcome of this will be that the dog-buying public will remain ignorant about how to distinguish between the good and the bad, and so puppy farmers will continue to operate with a healthy profit at the expense of healthy dogs.

We are aware of the thousands of responsible breeders in the community who adhere to faultless breeding standards, albeit they are outside the Accredited Breeder Scheme.  These people will continue to put health and welfare of their puppies first and sell litters effectively without our help.  But however good breeders are on an individual basis, the faults in the system have been exposed; we need to work together if we are to retain control and protect the future of our dogs.  Our mantra must be that, though you don't need to be an accredited breeder to be a responsible breeder, you do need to be a responsible breeder to be an accredited one.  By becoming part of this recognized group we will ensure that buyers are able to make responsible choices.  If all breeders need to adhere to our standards in order to breed legally then puppy farmers will be forced to show their hand and, responsible dog buyers willing, will be left out in the cold.

The future could be a very different place.  With legal standing, the Kennel Club will be able to give its Accredited Breeder Scheme the teeth it needs to be fully effective.  Inspectors would require statutory powers in order to make breeders raise their standards or to revoke breeders' membership of the scheme and thereby disallow them from breeding dogs legally.  Without statutory power we cannot force breeders to raise standards and will be under constant threat of legal action for overstepping the mark, while those commercial registers with less stringent standards would take off.

We want to step into the future: one which contains only healthy dogs, with all responsible breeders by our side and with the knowledge that the public will be given two clear choices: to buy from the accredited breeder who is bound by law to adhere to the values, beliefs and practices that we all value, or to buy outside the scheme from those who knowingly and cynically commit themselves to less.

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An End To Puppy Farms?

Puppy Farms may soon be a thing of the past.  The Kennel Club (KC) hopes to convince the Government to give it statutory powers to regulate dog breeding.  The scheme would require breeders to be registered under the KC's Accredited Breeder Scheme.  Should the scheme become compulsory, breeders who are not part of it would be unable to produce or sell puppies within the law.  The scheme currently exists to regulate, among other things, the age and frequency of breeding, the correct socialisation of puppies and to ensure that dogs are permanently identifiable.  A post-sales advice service and a complaints procedure also form part of it.

The chances of Parliament finding time to give legal status to this scheme are slim, though the exercise should help to raise awareness and help to put puppy farmers out of business.
Harvey Caruthers
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Questions For The Kennel Club

The Kennel Club's (KC) crusade to raise standards of dog breeding is to be applauded.  Ms Kisko made a very convincing argument in her recent article "Breeding By Law" (30 October), for the need to raise standards.  A number of questions arise from her article, which discussed the fact that the KC is seeking statutory powers to enforce its Accredited Breeder Scheme.

How would the KC hold individuals liable for breeding an "illegal litter" outside the scheme?  If this were to be criminal, how would the crime be defined in statute?  The wrongful act is obvious: breeding contrary to the scheme.  But what wrongful mental conduct would the accused need to possess?  Would they need to show intention or simply be reckless in disobeying the law?  Indeed, the need for a mental element, and therefore the possibility of a defence, could be removed altogether.

Enforcement through the criminal or civil justice system would embody the cliché of shutting the stable door after the horse has bolted.  Liability would only serve as a means of punishment and vengeance as the misfortunate puppies have already been born.  No doubt, however, the KC would attempt to justify the threat of liability as a means of deterrence.

These questions need to be answered as they make up the substance of legal powers.  The KC now needs to state clearly how liability in law would be imposed, and the consequential method of punishment.  Perhaps Ms Kisko would be kind enough to address these issues.
J. Bailey
East Sussex
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Kennel Club Interference

I am extremely angry that the Kennel Club (KC), in what is no more than an attempt to secure power and money, is trying to stop private individuals breeding from their dogs (opinion 30 October).

My wife and I own two gun dogs.  They are not KC registered as their mother was the result of a mating between a black-and-white English Springer dog and a black Lab bitch.  However, they and their mother are extremely practical working dogs.  Though neither dog is ever going to run in a field trial, all do sterling work picking up and in the beating line.  These are good dogs.  They are cheap as they are not pure-bred or KC registered.  They are fit, biddable and handsome.  How dare an organisation that has allowed show Labradors and Show Clumbers to become nothing more than fat pigs, unfit to do a drives work never mind a days work, interfere with the private affairs of dog owners who wish to keep a working line going, not for profit, but to ensure a supply of reliable working dogs for themselves and their friends?

Considering what the KC has allowed to happen to some breeds of pedigree show dogs, I don't think it is qualified to dictate to others and most certainly should not be given any statutory powers.  How might it enforce any powers it may misguidedly be given anyway?  Like the RSPCA, it seems to be getting above itself.  Perhaps the time has indeed come for the shooting world to take over the affairs of the working dog from the KC.
M. Lett
by email
These are just some of the questions and views raised in reference to the proposal for statutory powers to be given to the Kennel Club.  Although  mainly for gun dogs the same questions need to be asked for all breeds.


reprinted with kind permission from Alastair Balmain
Deputy Editor:Shooting Times & Country Magazine
Blue Fin Building, 110 Southwark Street SE1 0SU
Tel: 020 3148 4750

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Kennel Club Seeks New Law on Dog Breeders

The Kennel Club has called upon the Government to make all dog breeders sign up to its Accredited Breeder Scheme (ABS) because they believe there is a difference between what they describe as responsible breeders and unscrupulous puppy farmers.  They say it will improve the quality in the dog breeding world and put puppy farmers out of business.

The KC say they will appoint a network of regional breeder advisors to access local ABS premises across the country and reward those who are:

"Settting an exemplary benchmark for good breeding practice within the scheme by awarding Accredited Breeder of Excellence titles."

Accredited Breeders have to sign an agreement of :

1.  maximum litter sizes

2.  puppies are always seen with their mothers

3.  giving their dogs the recommended health tests for their breed

If this scheme becomes compulsory by law it means that any breeder not conforming to the KC standards would be unable to breed or sell puppies within the law.

Caroline Kisko says:

"these announcements will help to ensure the ABS is recognised nationally as a bastion of quality and excellence in dog breeding and will further help the public to distinguish between good and bad breeders."

"We recently asked the government for the statutory powers to enforce our Accredited Breeder Scheme nationally which would mean that puppy farmers who do not subscribe to our high standards will be forced to show their hand and would be breeding and selling their puppies outside the law."

The KC say that they will also invite breed clubs to nominate breed mentors as expert advisors to educate both novice breeders and puppy buyers about their breed.
source Countrymans Weekly Nov 2008

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