Pet Shop- License & Registration Norms in India
As per The Prevention of Cruelty to Animals (Pet Shop) Rules, 2018 every Pet Shop owner must obtain a Certificate of Registration from the Animal Welfare Board of the concerned state. In case of failure to obtain a Registration Certificate, the State Board or the Society for Prevention of Cruelty to Animals (SPCA) has the power to seal the Pet Shop and confiscate the animals being displayed for sale in the shop. Further, the rules give the Society for the Prevention of Cruelty to Animals (SPCA) as well as the State Board, the power to authorize an inspector for inspection of any Pet Shop as and when required. If the Pet Shop owner denies access to the inspector or any representative of the State Board, the Board has the power to cancel the Registration Certificate of the Pet Shop.
New pet shop rules setting standards for animal housing and care are now in place in India. If implemented appropriately, the rules could stem the cruel practices rampant in the pet shop industry. The Ministry of Environment, Forests and Climate Change notified the Prevention of Cruelty to Animals (Pet Shop) rules, 2018 in the wake of a series of representations made by Humane Society International/India and People for Animals, apprising the ministry of the cruelty found in the pet shop industry.
Animals transported and traded to meet the demand of the pet shop industry are kept in inhumane conditions. These animals are typically denied complete veterinary care; puppies are separated from their mothers soon after birth; birds, rats, mice, hamsters and guinea pigs are stuffed in small cages without access to adequate water or food. Other common harmful practices include mutilation in the form of de-beaking, tail-docking, feather plucking, nail clipping and de-clawing. An estimated 40 percent of animals die in captivity or during transportation. Pet shops often grossly violate the Wildlife Protection Act, 1972 by blatantly selling wild animals.
Some of the key features of these rules are:
- 1. No person can operate a pet shop or carry on the business of trade in pet animals without a certificate of registration from the concerned State Animal Welfare Board. Any person already operating pet shops may apply for registration within 60 days from the date of these rules.
- 2. Any pet shop without a valid certificate of registration, or the failure of the person to apply for the same within a specified time period, will result in the sealing of the pet shop. Animals confiscated from such shops shall be sent to an animal welfare organization recognized by the Board.
- 3. Application for registration to be made to the State Board with a non-refundable fee of 5,000 INR. A separate application shall be made for every pet shop or any premises being used for the pet trade. Such a certificate shall be valid for a period of five years, non-transferable, and shall be subject to an yearly review.
- 4. Pet shops registered by the Board shall be inspected by an authorized veterinarian upon receipt of the application. On being satisfied that the applicant and the establishment comply with requirements under these rules, the State Board shall continue the registration.
- 5. The rules provide standards for accommodation, infrastructure, housing, general care, veterinary care and other operational requirements. These include the elimination of wire mesh for the floors of the enclosures, a health certificate from a veterinary practitioner for every animal on sale, and a written exercise plan for any pup over 16 weeks of age.
- 6. Every pet shop owner shall maintain a record book with the particulars of breeders and suppliers of pet animals, trade transactions and their details. Records of the customers buying pet animals must also be kept. Additional records required to be kept are “mortality register” and “health register.”
- 7. On receipt of a complaint for noncompliance of these rules by pet shop owners, an inquiry will be conducted through the local authority or SPCA. Animals found to be ill-treated or sick shall be confiscated and sent to a recognized animal welfare organization for treatment. The pet shop owner shall be liable for any expenses incurred for the care and treatment of such animals.
- 8. If violations are discovered during the inspection, the State Board shall issue the owners a notice of show cause. The State Board may, if it is not satisfied with the response received, or if no response received from the owners, cancel the registration and communicate the reasons in writing. Subject to appeal, the pet shop may be sealed or registration reinstated as the case may be.
- 9. Every registered pet shop owner is required to submit an annual report to the State Board detailing the total number of animals traded, boarded or exhibited during the previous year.
Eligibility Criteria
The eligibility criteria for application of Registration Certificate are fairly simple. The applicant, in case of an individual, should be competent to contract as per the laws in India i.e. the applicant should have attained the age of majority, should be of sound mind and should not be disqualified from contracting under any other law prevailing in India. In case of a company, it should be registered as per the laws prevailing at the time of application for registration.
Procedure to Apply For the Registration Certificate
Step 1: Application
The Pet Owner shall apply to the State Board for the registration of his/her Pet Shop through FORM-I. In the Form, all the relevant details such as the address of the Pet Shop, the arrangements like ventilation and lighting therein, standards of food storage for the animals, details of veterinary support arranged by the owner, details of all the pet animals likely to be offered for sale etc have to be provided. If any such information is found to be untrue or misleading, the State Board has the power to reject the application or cancel the existing Registration Certificate. The application should be accompanied by a fee of Rupees Five Thousand which is non-refundable. For registration of more than one pet shop owned by the same person, separate applications are to be filed with all the relevant details and the requisite registration fee. A duly attested Affidavit stating that all the required conditions under the Pet Shop Rules have been fulfilled by the Pet Shop owner has to be filed along with the application form.
Step 2: Registration Certificate
Once the State Board is satisfied with the information provide in the application form, it may issue a non-transferable Certificate of Registration which will be valid up to 5 years from the date of issue. The certificate contains the details of animals the owner is authorized to sell, along with a mandate to submit to the State Board, an annual report with details of animals sold, dead, bartered, boarded traded etc during the year.
The Rules further make it mandatory for the State Board to maintain a register of Certificate of Registration which consists of name and address of the Pet Shop owner, details of pets sold and purchased, date of registration and other relevant information.
Step 3: Inspection
Once the Certificate of Registration is issued by the State Board, the Pet Shop is to be inspected by a veterinarian authorized by the State Government within three months of the registration. The inspection is followed by a detailed Inspection Report prepared and signed by the veterinarian to be submitted to the State Board.
Step 4: Final Scrutiny
The State Board after considering the Inspection Report authorizes the continuance of registration if it deems fit. If the State Board decides to revoke the registration, it informs the Pet Shop Owner about the same within thirty days of receipt of the Inspection Report.
Pet Shop Rules 2018
The Pet Shop Rules 2018 is reproduced below in English and Hindi for ready reference:
Who doesn’t need to obtain a license?
The entity that doesn’t require a Pet Shop license to open a pet shop are as following:
- A Veterinary clinic/hospital
- Any foundation that is working for the welfare of animals and is not indulged in the commercial trade of animals.
- Animal Welfare Organization which functions for providing shelter for animals.
Required Documents for Pet Shop License
- Copy of Residential proof
- Copy of Identity proof
- Certificate Structure stability
- Details of working hours and rest day
- Lighting arrangement
- Ventilation arrangement
- Cooling or heating arrangement
- Details of demand draft/cheque number for payment of a fee
- Details of infrastructure/ accommodation available at the proposed pet shop
- Details of pet animals that are proposed to be displayed in the Pet Shop for sale (accommodation/number and size of cages, number of animals, types of animals)
- Rental agreement in case of tenant
- Arrangement for disposal of dead animals
- Arrangement for the provision of veterinary and medical attention
- Registration of shop
- Premises ownership proof
- The site and Key plan
- Self-affidavit
- Arrangements for food storage
- Indemnity bond
- Water bill paid receipt.
- Electricity bill copy
- Passport size photo (latest)
- Aadhar Card
Procedure to obtain a Pet Shop License
You require to file an application in a prescribed format given in Schedule I in the Animal Welfare Board of India to obtain a Pet Shop license.
If the local authority and representatives of the State Board both are satisfied with the applicant, they will approve the license, which will be valid for two years, on the payment of a license fee of Rs. 5000, which is non-refundable.
Application form
An application form requires to be filed for the registration in a manner prescribed under Schedule-I and has to be submitted to the State Board along with a fee of Rs 5,000/-, which is non-refundable. A separate application has to be submitted for every different premise to be registered.
Inspection
- After receiving the application for registration, the State Board directs a team to inspect the shop.
- An inspection team consists of the representatives of the State Board, an authorized representative from the “Society for the Prevention of Cruelty to Animals”, and a veterinary practitioner.
- The inspection team has to submit a report, which must be appropriately signed by the inspector and accompanied by the application.
- After checking the inspection report and satisfying itself that all the requirements have been fulfilled by a shop, the State Board register the shop and:
- Issue a registration certificate.
- Record the details of the shop in a register containing the details of all the other shops.
Renewal of Pet Shop registration
An application must be filed 30 days before the expiry date for the renewal of registration. The application should be as per the format provided in the form annexed to Schedule I. The registration can be renewed after making the payment of Rs 5000/-.
Denial of Pet Shop Registration
The State Board can reject the application filed for registration of pet shop under the following situations:
- If an applicant gave fake information or manipulated accounts, and occurrence of intentional misrepresentation is found.
- The applicant was operating a shop without having a license.
- The applicant, preceding the submission of the application and had been convicted for an animal-related offence.
- If an applicant is not permitting the inspector to access the premises of the pet shop.
The reasons for denying an application for Pet shop registration need to be recorded by the State Board.
General Practices that the pet shops owners must observe
- Have to keep the fishes in an aquarium. They should arrange everything required for the pet, which is held for sale.
- They are not permitted to sell animals for food.
- A pet shop should strictly follow all measures for animal care.
- Should maintain and install the fire extinguishing equipments on shop premises.
- Require to take care of all the precautions and maintain daily routine care along with veterinary aid.
- Pet shops must put every animal/bird for exhibition/sale inside the shop premises.
- A pet shop needs to keep sanitation standards and arrange adequate measures for waste disposal.
- A pet shop needs to keep animals in the same compartment/place, which shows compatibility.
- Before selling a kitten/pup, it shall be ensured that the pup/kitten is adequately weaned and vaccinated.
- Appropriate accommodation conditions should be offered for the species.
- To avoid food contamination, it should be stored and packed in sealed containers/boxes. All birds/animals should be provided with smell-free food and fresh water.
- A shop must maintain the appropriate electricity settings. All pets must be kept in secured and good condition.
- The accommodation of animals should be cleaned daily to maintain hygiene and cleanliness.
- Accommodation of animals must be maintained in proper order and crafted as per the suitable conditions of birds and animals- temperature, ventilation, lighting.
- The license for the sale of animals/birds should only be granted if it is not prohibited under the Wildlife Act of 1972.
