Breeding dogs with severe breathing problems breaches English law – LAGECDogs

A new legal analysis, conducted by the UK Legal Advisory Group on Extreme Conformation in Dogs (LAGECDogs) concludes that breeding from dogs with severely impaired respiratory function breaches English animal welfare laws, putting breeders at risk of criminal charges.

Brachycephalic (flat-faced) dog breeds, such as French Bulldogs, English Bulldogs, and Pugs, commonly suffer from significant breathing problems compared to dog with more natural, longer muzzles. Flat-faced bitches with already compromised respiratory function are at even greater risk of serious suffering if they are made pregnant.

The legal analysis specifically targets dogs assessed as Grade 2 or Grade 3 under the Kennel Club’s Respiratory Function Grading Scheme (RFGS), created in conjunction with the University of Cambridge.1 This RFGS grades respiratory disease in the English Bulldog, French Bulldog and the Pug, following a short controlled exercise test. Dogs are exercised for three minutes at a minimum of a fast walk and then scored progressively from 0-3 based on any respiratory dysfunction exhibited during or after the exercise. Dogs scored with Grade 2 or 3 are considered to be suffering with severe respiratory disease to the extent that they require veterinary intervention. According to the new LAGECDogs legal analysis, keeping dogs that are Grade 2 or Grade 3 for breeding would constitute a legal offence.

Dr Helena Howe, Senior Lecturer in Law, University of Sussex and chair of LAGECDogs, said:

“We have laws in England to protect dogs from the suffering caused by being born with an extreme body shape and it is important that we use those laws effectively. All breeders and owners must meet their legal obligations to protect dogs and their offspring from conformation-related harm. Our new LAGECDogs analysis on breeding dogs with impaired respiratory function helps breeders and owners to avoid making breeding decisions that are unlawful. This includes taking care never to breed from dogs with severe respiratory impairment.’’

Current legislation in England makes it an offence to cause any dog unnecessary suffering or to fail to meet a dog’s welfare needs, including its need to be protected from “pain, suffering, injury and disease”.  Furthermore, anyone who keeps a dog for commercial breeding commits an offence if “it can reasonably be expected” that breeding from that dog “could have a detrimental effect on its health or welfare or the health or welfare of its offspring”. Any dog scoring Grade 2 or Grade 3 on the RFGS has severely reduced respiratory function that limits the dog’s ability to perform their natural and legally protected behaviours. An increased abdominal load during pregnancy further reduces respiratory function and increases the suffering of dogs with already severely reduced respiratory function.

With this background, the new legal analysis released today from LAGECDogs suggests that anyone allowing a female dog with a RFGS score of Grade 2 or 3 to be used for breeding is likely to be committing an offence, as are commercial breeders who keep a male dog for breeding with a RFGS score of Grade 2 or 3.

At present, there is insufficient evidence of the extent and severity of respiratory compromise in all dogs scored with RFGS Grade 1 to enable a robust analysis of the possible legal implications of breeding from such a dog and this will be reviewed as further evidence becomes available.

Vanessa Barnes, Solicitor (non-practising) and Legal Advisor at APGAW (All-Party Parliamentary Group for Animal Welfare) and member of LAGECDogs said:

“Extreme conformation breeding practices represent one of the biggest welfare challenges affecting dogs born in the UK today. Many breeders are unaware of the extent of suffering that dogs can experience because of these practices or that their actions in this regard could breach animal welfare legislation. By utilising the Kennel Club’s Respiratory Function Grading Scheme, breeders can assess the respiratory function of any dog they wish to breed from and, in conjunction with our recent analysis on the legal implications of breeding from dogs who have a respiratory impairment, make the right breeding choices to both minimise canine suffering and stay within the law.”

Dr Dan O’Neill, Associate Professor in Companion Animal Epidemiology at the RVC and founding member of LAGECDogs said:

“Dogs are much loved members of our families but sadly many English Bulldogs, French Bulldogs and Pugs suffer shortened and miserable lives due to severe breathing problems linked to their extreme body shape. This new legal analysis helps breeders and owners to understand how they can use the Kennel Club’s Respiratory Function Grading Scheme to avoid breeding from the worst affected animals and therefore to reduce suffering in future generations of dogs with extreme body shapes.”

The team involved in the LAGECDogs legal analysis hope their findings will encourage all persons keeping English Bulldogs, French Bulldogs and Pugs to ensure their dogs undergo a Respiratory Function Grading Scheme assessment prior to breeding from them. This can help to ensure that only animals that are legally compliant are kept for breeding. Assessment also helps to reduce the additional suffering caused by breeding from animals who are already experiencing severe respiratory impairment.

Bill Lambert, Health, Welfare and Breeder Services Executive at The Kennel Club, said:

“The Kennel Club acknowledges the work undertaken by LAGECDogs to provide their interpretation of the requirements for those breeding under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

“These findings are aligned to the RFGS breeding guidelines which indicates grade 0 and grade 1 dogs – as officially graded under RFGS – are the preferable dogs for breeding. We continue to encourage vets, breeders and owners make use of the RFGS and the information on our website for support and information about becoming an assessor, getting dogs assessed and understanding the breeding advice relating to the scheme: Respiratory Function Grading Scheme | The Kennel Club.”