Examining Malta’s dog breeding legislation : a legal evaluation of the 2023 proposals recommended by the Animal Health and Welfare Department

Abstract

The dissertation shall delve into the regulation of dog breeding in Malta and the rest of the EU, focusing on the need for legislative changes in order to align the national legislative framework with the Five Freedoms and Five Domain Paradigm, which are the basic fundamental principles of Animal Welfare. This Paradigm starkly contrasts with the reality of the dog breeding in Malta, where there is sparse regulation focusing on dog breeding. Additionally, the current legislation is far too lax lacking adequate and effective enforcement procedures. As a result, backyard breeding has become rampant allowing breeders to negligently breed dogs in appalling conditions. The sale of a puppy, upon successful breeding, should be deemed to give rise to contractual obligations between the breeder and the new owner/s, wherein liability shall ensue where such are breached or not adhered to. The EU Guidelines on Responsible Dog Breeding outlines the importance of breeder’s liability by holding them accountable to written warranties. Additionally, a ‘puppy contract’ is recommended whereby the rights and obligations of both parties are entrenched. Aside from an analysis of the current legislation, the 2023 Consultation Document on Legislation on Pet Grooming, Pet Sitting, Pet Boarding and Dog Breeding is examined. It is against this background that, throughout this dissertation, several recommendations are presented providing ways in which reckless and irresponsible breeding can be eradicated, or at least curbed. Animal welfare must be taken to another level in Malta to ensure that both the physical and mental needs of our pets are respected at all times.