Animals and Birds (Pet Shop and Exhibition) Rules 2004

No. S 34

Animals and Birds Act

(Chapter 7)

Animals and Birds (Pet Shop and Exhibition) Rules 2004

In exercise of the powers conferred by section 80 of the Animals and Birds Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Animals and Birds (Pet Shop and Exhibition) Rules 2004 and shall come into operation on 27th January 2004.

Definitions

2. In these Rules —

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

“pet shop” means any premises where animals or birds intended for use as pets are kept or displayed for sale by retail or wholesale or for export.

Use of premises as pet shop

3. No person shall use any premises as a pet shop, or for any exhibition or distribution of animals or birds, except in accordance with a valid licence issued by the Director-General under rule 4 and in accordance with the conditions, if any, of that licence.

Application for and issue of licence

4.—(1) An application for a licence 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 Schedule; and
(b)	such particulars, information and documents as the Director-General may specify.

(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 as a pet shop or for any exhibition or distribution of animals or birds.

(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 use as a pet shop or for any exhibition or distribution of animals or birds.

(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 proper management and operation of a pet shop or any premises used for the exhibition or distribution of animals or birds.

(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 such written directives as the Director-General thinks necessary for the proper care and handling of the animals and birds in the pet shop or premises to which the licence was related.

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. Any person who contravenes rule 3, 5 or 6(1) or (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.

Revocation and transitional provisions

10.—(1) The Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) Rules (R 2) are revoked.

(2) Notwithstanding paragraph (1), any licence issued under the revoked Animal and Bird Shop, Poultry Shop and Hatchery (Licensing and Control) Rules in force immediately before 27th January 2004 shall, unless revoked, suspended or cancelled, and in so far as it is not inconsistent with these Rules —

(a)	continue and be deemed to be a licence issued under these Rules;
(b)	be subject to the terms and conditions specified in the licence; and
(c)	expire on, and be renewable before, the date it would have expired if these Rules had not been enacted.

Made this 19th day of January 2004.

PETER CHAN JER HING

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 202/1-41 Vol. 27; AG/LEG/SL/7/2002/1 Vol. 2]

(To be presented to Parliament under section 80(4) of the Animals and Birds Act).

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