Governor Tarcísio de Freitas (Republicans) sanctioned on Wednesday (10) the bill that establishes new rules for the sale, breeding and exhibition of dogs and cats for commercial purposes in the State of São Paulo. Among the main measures in the new legislation, published in the Official Gazette this Thursday (11), are the prohibition of the exhibition of dogs and cats in street events and in public spaces, and the permission to sell the puppies of these animals only after four months of life, and on the condition that they are neutered and vaccinated.
The bill, authored by the Executive, was presented to the Legislative Assembly last year. In June, the deputies approved it and returned the proposal to the governor for sanction.
The law also determines that breeders must keep females next to their newborn puppies for six to eight weeks so that the animals can go through the lactation process properly; and that females (female dogs or cats that will be used for reproductive purposes in breeding) can have a maximum of two pregnancies per year, and must be spayed in their 5th year of life.
In the case of police dogs, sniffer dogs, rescue dogs, guide dogs and therapeutic assistance dogs, castration may be carried out up to 18 months of age and not at four months, as provided for animals that will not be bred for these purposes.
The law also requires that breeders have housing compatible with the size, posture and quantity of dogs and cats bred; that the animals undergo veterinary examinations and vaccinations annually; that they are kept in environments free from the risk of contamination by endo and ecto parasites, and that they are not exposed in closed display cases or housed in uncomfortable or exploratory spaces that impede movement and affect their physical and mental health.
What does the law determine? See main points
- Breeders must ensure that females remain with their newborn calves for a period of six to eight weeks so that the animals can go through the lactation process properly;
- Domestic dogs and cats may only be sold or exchanged by breeders and commercial establishments after they reach a minimum age of four months;
- Sterilize, that is, surgically castrate puppies up to four months of age, with the exception of working dogs in the activities of police dogs, sniffer dogs, rescue dogs, guide dogs and therapeutic assistance dogs, which must be surgically sterilized up to 18 months of age;
- Breeders may only dispose of females (female dogs or cats that will be used for reproductive purposes in breeding) for reproduction from the third estrous cycle or the 18th month of life;
- The matrices may have a maximum of two pregnancies per year, and must be spayed in the 5th year of life;
- Microchip the animals and register them in a specific database to be regulated by the State Executive Public Authority;
- The month of May is hereby established as “Animal Health Month” in the calendar of the State of São Paulo.
Vetoes
Clause III, which determined the hiring of veterinarians registered with the Regional Council of Veterinary Medicine (CRMV-SP) by cat and dog breeders, was vetoed, according to the government, due to the proposal being unconstitutional, since the matter, as it deals with labor law and conditions for the exercise of professions, is the responsibility of the Union.
“In addition, it is up to the dog and cat breeder, in the regular exercise of the management of his business, to choose, among the means permitted by law, the form of hiring the technical manager and the veterinary assistance in his establishment.”
Article 12 determined that offenders would be subject to criminal sanctions provided for in Federal Law No. 9,605/98, which deals with criminal and administrative punishments for conduct and activities that harm the environment, including fauna and flora.
According to Tarcísio, the article was excluded because the offender would only be subject to punishment in the criminal sphere, “excluding the possibility of being held accountable in the administrative sphere, including for the practice of other infractions not covered by the aforementioned legal provision”.
Executive proposal was made after vetoing a deputy’s project
Governor Tarcísio de Freitas vetoed section III of article 4 and article 12 of the proposal that arrived from Alesp.
The Executive’s proposal, defined in the text of the project as one that “provides for the protection, health and well-being in the breeding and sale of dogs and cats in the State of São Paulo”, was presented to the legislature after Tarcísio vetoed PL 523/2023 by deputy Rafael Saraiva (União), which determined the prohibition of the breeding and resale of animals (dogs, cats and domestic birds) in pet shops and commercial establishments, maintaining the donation allowed.
At the time, the deputy argued that the objective was to put an end to illegal breeding sites. However, the government vetoed the measure because it understood that the measure violated the principle of free enterprise, considered at the time to be a fundamental principle of the economic order.
Bill 1477/2023, sanctioned by Tarcísio de Freitas, emerged as an alternative to Saraiva’s project. “The project was created to improve bill 523/2023, which prohibited the breeding and resale of animals in pet shops and commercial establishments and created the State Registry of Animal Breeders – which was vetoed for violating the principle of free enterprise, which is a fundamental principle of the economic order,” the state government justified at the time.
How it works in the city of São Paulo
In the city of São Paulo, Law No. 14,483 of 2008 is in force, which deals with the breeding and retail sale of dogs and cats in commercial establishments in the municipality.
According to city legislation, the breeding of animals for sale can only be done by kennels and catteries regularly established and registered with the competent bodies, while the sale and donation of dogs and cats in public places are prohibited – with the exception of events aimed at donations in municipal parks.
Donations are permitted in legal establishments, such as pet shops, under the responsibility of an individual or legal entity and with a sign displaying the name of the person responsible, their respective CPF or CNPJ numbers, telephone number and address.
Just like the new state law, animals exposed for donation must also be neutered, vaccinated and subjected to parasite control, as well as carry a microchip with data on species, sex, fur color, age and breed.
Source: CNN Brasil
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