INTRODUCTION

The pet industry in India has undergone significant changes over the past decade. The increase in disposable income, urbanisation, growth of nuclear families, and the trend of having pets as companions amongst the younger generations have made the pet industry one of the fastest-growing sectors in the last decade. India’s pet population stands at around 19 million, with nearly 6 lakh pets being adopted yearly.¹

The growing size of the pet population has resulted in the expansion of pet-care-related services. This note provides a critical analysis of the legal regulatory compliance surrounding the different sectors of the pet industry in India, including healthcare-related services. 

SALE OF PETS AND PET-CARE SERVICES

The Ministry of Environment, Forest and Climate Change introduced the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018 (“Pet Shop Rules”) to curb the exploitation and cruel treatment of animals sold in India. The Pet Shop Rules provide for an inclusive list of animals who qualify as ‘pets’ and define a ‘pet shop’ as a place (including online platforms) where pets are traded, sold, kept or exhibited for sale or housed.²

As per Rule 3 of the Pet Shop Rules, owners of pet shops are required to obtain a registration certificate from the animal welfare board of the respective state (“State Board”)³.  Establishments are also required to keep an updated record book containing details of the transactions and provide Pets with clean water and food, maintain adequate hygiene, and provide veterinary services as and when required.⁴ There is no specific framework governing establishments providing pet-care-related services or selling pet accessories. 

PET FOOD

The pet food sector in India is growing at a CAGR of 9.5%.⁵ The first attempt taken by the government to enact specific regulations governing the pet food sector was in 2008 through the Pet Food Products of Animal Origin (Import into India) Order (“Order”). This Order was subsequently superseded by a Notification S.O. 3926(E) dated 22 September 2021 (“Notification”).⁶

The Notification governs the import of pet food for cats and dogs in India, leaving domestic manufacturing and sale of food for pets other than cats and dogs unregulated. Additionally, the Notification only applies to animal-based food products and excludes pet foods produced from other sources.⁷ Keeping in mind the growing pet food industry within the country, the Bureau of Indian Standards introduced IS 11968: 2019 (“BIS Standard”) for pet food given to dogs and cats.⁸ However, the enforcement of the BIS Standard is voluntary.

MEDICINES AND COSMETICS FOR PETS

Medicines given to pets are governed by the Drugs and Cosmetics Act, 1940 (“Drugs and Cosmetics Act”) in India. Section 3(b) of the Drugs and Cosmetics Act defines a ‘drug’ as any medicine that is of use to humans and animals for the diagnosis, treatment, mitigation or prevention of any disease or disorder.⁹ Therefore, all medicines meant for animals fall under the regulatory framework of the Drugs and Cosmetics Act and the Drugs Rules, 1945.

Unlike medicines, cosmetics meant for use on pets are not covered under the Drugs and Cosmetics Act and the Cosmetics Rules, 2020 (“Cosmetics Rules”). Section 2(aaa) defines a cosmetic as any product that is applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.¹⁰ Due to this restricted definition, cosmetics meant for pet animals are not covered under the Cosmetics Rules. 

VETERINARY SERVICES

Any person wishing to foray into healthcare for pets must comply with the Indian Veterinary Council Act, 1984 (“Veterinary Act”). The Veterinary Act is the healthcare law that governs healthcare service providers in India. It provides for the minimum qualification that must be met by any veterinary practitioner, who must also be registered with the respective state’s veterinary council. It is pertinent to note that veterinary services fall under the purview of the State List, as outlined in the Constitution of India. Consequently, several states in India have established their own veterinary laws, which provide a framework for the regulation of animal healthcare in that state. 

CONCLUSION

The shift in the consumer from pets being a ‘burden’ to a ‘companion’ has resulted in the opening of various opportunities in the pet industry. The industry is growing rapidly, especially in Tier 1 cities in India. The healthcare regulatory framework is spread across various central and state regulations. The outlook for the industry has become increasingly positive; however, there is an apparent lacuna in regulations governing essential sectors of the pet industry.  

[1] https://www.businesstoday.in/magazine/the-hub/story/the-pet-bet-227253-2019-09-02
[2] Rule 2(k), The Prevention of Cruelty to Animals (Pet Shop) Rules, 2018,
https://awbi.gov.in/uploads/regulations/163310021561Pet%20Shop%20Rules%202018%20-%2027%206%202019%20English.pdf.
[3] Rule 5, The Prevention of Cruelty to Animals (Pet Shop) Rules, 2018, 
https://awbi.gov.in/uploads/regulations/163310021561Pet%20Shop%20Rules%202018%20-%2027%206%202019%20English.pdf.

[4] Rule 7 and 8, The Prevention of Cruelty to Animals (Pet Shop) Rules, 2018, 
 https://awbi.gov.in/uploads/regulations/163310021561Pet%20Shop%20Rules%202018%20-%2027%206%202019%20English.pdf.
[5]https://www.benzinga.com/pressreleases/23/08/33968387/india-pet-food-market-size-2023-global-industry-share-and-report-analysis-by-2028.
[6]https://dahd.nic.in/hi/%E0%A4%AA%E0%A5%8D%E0%A4%B0%E0%A4%AD%E0%A4%BE%E0%A4%97/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A5%8D%E0%A4%AA%E0%A4%BE%E0%A4%B0.
[7] https://aqcsindia.gov.in/pdf/trade-17.pdf.
[8] https://www.services.bis.gov.in/php/BIS_2.0/bisconnect/standard_review/Standard_review/Isdetails?ID=MzE4OQ%3D%3D.
[9] Section 3(b), The Drugs and Cosmetics Act, 1940, 
https://www.indiacode.nic.in/bitstream/123456789/15278/1/drug_cosmeticsa1940-23.pdf.
[10] Section 2(aaa), The Drugs and Cosmetics Act, 1940,
https://www.indiacode.nic.in/bitstream/123456789/15278/1/drug_cosmeticsa1940-23.pdf.