21.—(1) A person who has in his or her possession or under his or her control a protected animal for sale or supply shall ensure that—

(a) the animal is kept at all times in accommodation that is suitable as respects the size, temperature, lighting, ventilation, cleanliness of the accommodation,

(b) the animal is supplied with, and has ready access to, a sufficient quantity of suitable food and drink in accordance with section 13,

(c) the animal is not sold or supplied where, having regard to—

(i) the age of the animal, and

(ii) the animal’s nature, type, species, breed and degree of development, its adaptation and domestication and its physiological and behavioural needs in accordance with established experience and scientific knowledge,

the sale or supply of the animal at that age causes or is likely to cause avoidable or unnecessary suffering to the animal,

(d) all reasonable precautions are taken to prevent the spread of disease or a disease agent among animals or to human beings, and

(e) the animal is safeguarded against fire, environmental or other hazards.

(2) A person who fails to comply with subsection (1) commits an offence.

(3) Where a person having possession or control of a protected animal fails to comply with subsection (1) and the person is not the owner of the protected animal, then the owner of the animal shall also have committed an offence under subsection (2), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1).