Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules

Animals and Birds Act

(Chapter 7, Section 80)

Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules

R 2

G.N. No. S 34/2004

REVISED EDITION 2004

(30th September 2004)

[27th January 2004]

Citation

1.  These Rules may be cited as the Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules.

[S 667/2024 wef 29/08/2024]

Definitions

2.  In these Rules —

“licence” means a licence issued by the Director-General under rule 4 and “licensee” shall be construed accordingly;

“not-for-profit organisation” means any organisation —

(a) that is not established or operated for the object of deriving a profit;

(b) whose income and property —

(i) may only be applied for the furtherance of its objects; and

(ii) are not distributable to any shareholder, member, trustee or officer of the organisation except as reasonable compensation for services rendered; and

(c) whose property, upon its dissolution, may only be distributed to one or more other organisations established for a similar object as the firstmentioned organisation;

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“pet animal or bird” means an animal or a bird intended for use as a pet;

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“pet shop” means any premises where pet animals or birds are kept or displayed for sale by retail or wholesale or for export;

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“premises” includes —

(a) any building or structure, whether permanent or temporary;

(b) any land, whether built on or not;

(c) any place, whether open or enclosed, including any place situated underground;

(d) any vehicle, train or vessel; and

(e) any part of the premises;

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“residential premises”, in relation to any individual, means any place lawfully owned or occupied by the individual for residential purposes;

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“reward” means any payment or other benefit (whether monetary or otherwise).

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Licence for premises for use as pet shop, etc.

3.—(1)  A person must not use any premises —

(a) as a pet shop;

(b) to exhibit animals or birds;

(c) to distribute pet animals or birds;

(d) to breed pet animals or birds for reward;

(e) to board pet animals or birds for reward; or

(f) to rear pet animals or birds for reward,

unless the person is the holder of a valid licence issued by the Director-General under rule 4 in respect of those premises and uses the premises in accordance with the conditions (if any) of that licence.

(2)  A licence for the use of any premises as a pet shop is to be treated as a licence to also use the premises for any of the following:

(a) the rearing of pet animals or birds when they are kept or displayed for sale by retail or wholesale or for export at those premises;

(b) the exhibition or distribution of pet animals or birds.

(3)  A licence for the use of any premises to breed, or rear, pet animals or birds for reward is to be treated as a licence to also use those premises for any of the following:

(a) as a pet shop for such pet animals or birds;

(b) for the exhibition or distribution of such pet animals or birds,

that are bred or reared (as the case may be) at those premises.

(4)  Paragraph (1) does not apply to any premises in respect of which the Director-General has issued a directive under rule 7(2)(b) or (c) if those premises are used in accordance with that directive.

(5)  To avoid doubt, paragraph (1)(e) does not apply to any premises that are intended to be used, or are used, solely for pet day care.

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Exception to licence for premises

3A.—(1)  An individual may use the individual’s own residential premises for a purpose mentioned in rule 3(1)(d) without a licence issued by the Director-General under rule 4, only if all the conditions mentioned in Part 1 of the First Schedule are met.

(2)  An individual may use the individual’s own residential premises for a purpose mentioned in rule 3(1)(e) without a licence issued by the Director-General under rule 4, only if all the conditions mentioned in paragraph 1 of Part 2 of the First Schedule are met.

(3)  A not-for-profit organisation may use any premises owned or occupied by the organisation for a purpose mentioned in rule 3(1)(e) without a licence issued by the Director-General under rule 4, only if all the conditions mentioned in paragraph 2 of Part 2 of the First Schedule are met.

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Application for and issue of licence

4.—(1)  An application for a licence in respect of any premises shall be made to the Director-General in such form or manner as the Director-General may require and shall be accompanied by —

(a) the appropriate fee specified in the Second Schedule; and

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(b) such particulars, information and documents as the Director-General may specify.

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(2)  On receipt of an application under paragraph (1), the Director-General may —

(a) issue a licence to the applicant subject to such conditions as he thinks fit to impose; or

(b) refuse to issue a licence to the applicant.

(3)  In determining whether to issue or refuse to issue a licence, the Director-General may consider the suitability of the premises to be licensed for the purpose or purposes mentioned in rule 3(1) for which those premises are to be used.

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(4)  For the purposes of paragraph (3), the Director-General may, at any time —

(a) enter and inspect the premises in respect of which the application is made, or cause such premises to be inspected by an authorised officer;

(b) require the applicant to make available any relevant documentation for inspection and copying; and

(c) require the applicant, at his own expense, to make such alteration or improvement to such premises or to provide, fix or install such facilities and equipment as the Director-General may specify.

(5)  The Director-General may refuse to issue a licence to an applicant if —

(a) the applicant or one of his partners or, if the applicant is a body corporate, one of its directors —

(i) had previously been convicted of an offence under the Act; or

(ii) had previously held a licence issued under the Act and the licence was subsequently suspended or revoked under section 62 of the Act; or

(b) in the opinion of the Director-General, the premises in respect of which the licence is being applied for are not suitable for the purpose or purposes mentioned in rule 3(1) for which those premises are to be used.

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(6)  The Director-General may, at any time, vary or revoke any of the existing conditions imposed under paragraph (2)(a) or impose new conditions.

(7)  Every licence issued under this rule —

(a) shall be in such form as the Director-General may determine;

(b) shall be valid for the period stated therein unless it is revoked under section 62 of the Act; and

(c) may be renewed upon its expiry.

(8)  Paragraphs (1) to (7) shall apply, with the necessary modifications, to an application for the renewal of a licence.

Transfer of licence

5.  No licensee shall transfer or assign the benefit of his licence to any person without the prior approval of the Director-General.

Duties of licensee

6.—(1)  Every licensee shall comply with the conditions subject to which his licence is issued.

(2)  Every licensee shall, for the purposes of inspection of the premises in respect of which his licence is issued, allow the Director-General and any authorised officer full and free access to such premises at all reasonable times.

Power of Director-General to issue directives

7.—(1)  The Director-General may, at any time, issue to any licensee such written directives as the Director-General thinks necessary for the purposes of safeguarding the health and welfare of the animals or birds in the premises to which the licence of the licensee relates.

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(2)  Where a licence is suspended or revoked under section 62 of the Act, the Director-General may issue to the person whose licence was suspended or revoked one or more written directives that the Director-General thinks necessary —

(a) for the proper care and handling of the animals or birds in the premises to which the licence was related;

(b) if the licence was in respect of a pet shop —

(i) for the sale or export from the pet shop of any relevant pet animal or bird; or

(ii) for the adoption or fostering of any relevant pet animal or bird,

within the period specified in the written directive; or

(c) if the licence was in respect of any premises for the breeding or rearing of pet animals or birds for reward —

(i) for the sale or export from those premises of any relevant pet animal or bird; or

(ii) for the adoption or fostering of any relevant pet animal or bird,

within the period specified in the written directive.

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(3)  In paragraph (2), “relevant pet animal or bird” means —

(a) in the case of the suspension or revocation of a licence in respect of a pet shop in paragraph (2)(b) — any pet animal or bird kept or displayed at that pet shop but not sold or exported by the day immediately before the date of such suspension or revocation, as the case may be; or

(b) in the case of the suspension or revocation of a licence in respect of any premises for the breeding or rearing of pet animals or birds for reward in paragraph (2)(c) — any pet animal or bird bred or reared (as the case may be) at those premises before the date of such suspension or revocation, as the case may be.

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Power to waive or refund fees

8.  The Director-General may, as he thinks fit, waive or refund the whole or any part of the licence fee payable under these Rules.

Offence and penalty

9.—(1)  Any person who contravenes rule 3(1)(a), (b) or (c), 5 or 6(2) or any directive issued by the Director-General under rule 7(1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

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(2)  Any person who contravenes rule 3(1)(d), (e) or (f) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

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10.  [Deleted by S 667/2024 wef 29/08/2024]

THE SCHEDULE

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FIRST SCHEDULE

Rule 3A(1), (2) and (3)

Part 1

CONDITIONS FOR EXCEPTION TO LICENSING OF RESIDENTIAL PREMISES FOR BREEDING PET ANIMAL OR BIRD FOR REWARD

1.—(1)  For the purposes of rule 3A(1), the following are the conditions that must be met to use any residential premises for the breeding of pet animals or birds for reward without a licence:

(a) the individual breeds any pet animal or bird by himself or herself solely within the individual’s residential premises;

(b) the individual does not take custody of any pet animal or bird from any other person for the purpose of the breeding mentioned in sub‑paragraph (a), whether or not any payment or other consideration is provided by the individual to the other person for such custody;

(c) the individual does not use more than one residential premises for the breeding of any pet animal or bird;

(d) any pet animal or bird that is used for breeding, or any offspring of the pet animal or bird —

(i) is not for sale; and

(ii) is kept by the individual, or given away only for adoption or fostering;

(e) any reward obtained by the individual from any person for breeding any pet animal or bird is limited to the amount for recovering the costs incurred in providing food, drink and shelter to, and maintaining the health of, the pet animal or bird or any offspring of the pet animal or bird;

(f) the residential premises mentioned in sub‑paragraph (a) are not modified for the purpose of breeding any pet animal or bird, unless any modification is necessary for the health or welfare of the pet animal or bird that is used for breeding, or any offspring of the pet animal or bird;

(g) the individual does not advertise or promote, or cause to be advertised or promoted, that the individual is breeding any pet animal or bird;

(h) the individual complies with any other written law applicable to the keeping or breeding of any pet animal or bird, whether or not for reward (including in relation to the use of any premises for any of such purposes).

(2)  In this Part —

“breed”, in relation to any pet animal or bird, means to produce any offspring of the pet animal or bird by natural means without any human intervention (such as any form of artificial insemination);

“human intervention”, in relation to any pet animal or bird that is bred, excludes any treatment or procedure provided by a veterinarian licensed under section 53(1) of the Act in connection with the birthing of any offspring of the pet animal or bird, for one or both of the following purposes:

(a) to prevent the offspring, or the pet animal or bird, from becoming incurably diseased or injured, or to otherwise save the life of that offspring or pet animal or bird;

(b) to maintain the health of the offspring, or the pet animal or bird.

Part 2

CONDITIONS FOR EXCEPTION TO LICENSING OF PREMISES FOR BOARDING PET ANIMAL OR BIRD FOR REWARD

1.  For the purposes of rule 3A(2), the following are the conditions that must be met to use any residential premises for the boarding of pet animals or birds for reward without a licence:

(a) the individual provides boarding for any pet animal or bird by himself or herself solely within the individual’s residential premises;

(b) the individual does not provide boarding for any pet animal or bird at more than one residential premises;

(c) any reward obtained by the individual from any person for boarding any pet animal or bird is limited to the amount for recovering the costs incurred in providing food, drink and shelter to, and maintaining the health of, the pet animal or bird;

(d) the residential premises mentioned in sub‑paragraph (a) are not modified for the purpose of boarding any pet animal or bird, unless any modification is necessary for the health or welfare of the pet animal or bird;

(e) the individual does not pay a fee, or provide any other form of consideration, to any other person to advertise or promote the individual’s provision of boarding for any pet animal or bird;

(f) the individual complies with any other written law applicable to the keeping or boarding of any pet animal or bird, whether or not for reward (including in relation to the use of any premises for any of such purposes).

2.  For the purposes of rule 3A(3), the following are the conditions that must be met to use any premises for the boarding of pet animals or birds for reward without a licence:

(a) the person is a not-for-profit organisation that uses the premises only in connection with boarding any pet animal or bird, until such time that any such animal or bird is adopted;

(b) any reward obtained by the not-for-profit organisation from any person for boarding any pet animal or bird is limited to the amount for recovering the costs incurred in providing food, drink and shelter to, and maintaining the health of, the pet animal or bird;

(c) the not-for-profit organisation complies with any other written law applicable to the keeping or boarding of any pet animal or bird, whether or not for reward (including in relation to the use of any premises for any of such purposes).

[S 667/2024 wef 29/08/2024]

[G.N. No. S 34/2004]

SECOND SCHEDULE

Rule 4(1)(a)

Fees

1. Application for, or to renew, a licence for any premises to be used for any purpose mentioned in rule 3(1)(a), (b) or (c) for a year or part of a year		$126
2. Application for, or to renew, a licence for any premises to be used for any purpose mentioned in rule 3(1)(d), (e) or (f) for a year or part of a year		$100

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LEGISLATIVE HISTORY

Animals and Birds (Licensing of Premises for Pet Shop and Other Purposes) Rules

 

formerly known as the Animals and Birds (Pet Shop and Exhibition) Rules
This Legislative History is provided for the convenience of users of the Animals and Birds (Pet Shop and Exhibition) Rules. It is not part of these Rules.
1.	G. N. No. S 83/1966—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) Rules 1966
	Date of commencement	:	20 May 1966
2.	G. N. No. S 44/70—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1970
	Date of commencement	:	5 February 1970
3.	G. N. No. S 337/71—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) (Metrication) Rules 1971
	Date of commencement	:	31 December 1971
4.	G. N. No. S 132/73—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1973
	Date of commencement	:	1 January 1973
5.	G. N. No. S 76/80—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1977
	Date of commencement	:	1 January 1977
6.	G. N. No. S 100/77—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1980
	Date of commencement	:	14 March 1980
7.	G. N. No. S 332/83—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1983
	Date of commencement	:	1 January 1984
8.	G. N. No. S 313/84—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1984
	Date of commencement	:	1 January 1985
9.	G. N. No. S 20/87—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1987
	Date of commencement	:	1 January 1987
10.	G. N. No. S 40/87—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1987
	Date of commencement	:	1 January 1987
11.	G. N. No. S 386/88—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1988
	Date of commencement	:	22 December 1988
12.	G. N. No. S 170/91—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1991
	Date of commencement	:	23 April 1991
13.	G. N. No. S 87/92—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1992
	Date of commencement	:	20 March 1992
14.	1990 Revised Edition—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) Rules
	Date of operation	:	25 March 1992
15.	1994 Revised Edition—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) Rules
	Date of operation	:	30 March 1994
16.	G. N. No. S 142/1997—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1997
	Date of commencement	:	1 April 1997
17.	G. N. No. S 128/1998—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 1998
	Date of commencement	:	1 April 1998
18.	G. N. No. S 85/2000—Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) (Amendment) Rules 2000
	Date of commencement	:	3 March 2000
19.	G. N. No. S 34/2004—Animals and Birds (Pet Shop and Exhibition) Rules 2004
	Date of commencement	:	27 January 2004
20.	2004 Revised Edition—Animals and Birds (Pet Shop and Exhibition) Rules
	Date of operation	:	30 September 2004
21.	G.N. No. S 667/2024—Animals and Birds (Pet Shop and Exhibition) (Amendment) Rules 2024
	Date of commencement	:	29 August 2024