PREVENTION OF DISEASE ORDINANCE

CHAPTER 36

PREVENTION OF DISEASE ORDINANCE

To amend and consolidate the laws for preventing the introduction and spread of infectious,

contagious and epidemic diseases affecting either mankind or animals.

(10th August, 1908) *

Enacted by ORDINANCE VIII of 1908, as amended by Ordinance V of 1912; Acts: II of

1926, XI of 1928, XXXVIII of 1933; Ordinances: XXX of 1937, XXI of 1938, XXXVIII of 1939,

XIII of 1944. Incorporating also Sections 1 and 2 of ORDINANCE II of 1867. This Ordinance

was subsequently amended by: Acts: XLI of 1948, X of 1953, XX of 1957; Emergency

Ordinance VI of 1958; Ordinances: XVI of l960, XVI and XVl1 of 1961, XXV of 1962; Legal

Notice 4 of 1963; and Acts: XXXVI of 1965, XI of 1968, XII of 1972, XXI of 1976, XI of 1977,

XXV of 1980, XLIX of 1981, III of 1982, XIII of 1983, VIII and XX of 1990 and XVIII of 1992

and Legal Notice 407 of 2007 and Act XXVIII of 2025.

*See Proclamation No. VI of 1908.

PREVENTION OF DISEASE

This Ordinance may be cited as the Prevention of Disease

Ordinance.

G ENERAL P ROVISIONS AND D EFINITIONS

In this Ordinance and in any regulation made thereunder,

unless the context otherwise requires -

"animals" means all living beings of the animal kingdom other

than human beings;

"carcase" means the carcase of an animal, and includes part of a

carcase and the meat, bones, hide, skin, hoofs, horns, offal or other

part of an animal separately or otherwise or any portion thereof;

"cattle" means bulls, cows, oxen, buffaloes, heifers and calves;

"dairy" includes any farm, farmhouse, cowshed, milk-store, milk

shop or other place from which milk is supplied, or in which milk is

kept for purposes of sale, and any place in which animals from

which milk is supplied are kept;

"dairyman" includes any cowkeeper, purveyor of milk or

occupier of a dairy;

"day" or "day time" means the time from the rising to the setting

of the sun;

"disease" (as used in Part I of this Ordinance) means any disease

of an infectious or contagious nature dangerous to mankind and

includes "rabies", but does not include any venereal disease;

"disease" (as used in Part II of this Ordinance) means any disease

of an infectious or contagious nature, and includes the presence of

parasitic animals or plants which attach themselves to the exterior

or inhabit the interior of the bodies of animals, and which disease is

dangerous to mankind or to animals or to both;

"diseased" means affected with disease;

"factory" includes any workshop and work-place;

"fish" includes fin fish, molluscs and crustaceans whether fresh

or sea-water;

"fodder" means grass, clover or other substance commonly used

for food for animals;

"government medical officer" means a duly licensed medical

practitioner in the employment of the Government;

"house" means any dwelling-house and any mezzanine, room or

other building used as a dwelling-house and includes any school,

and any factory or other building where persons are employed;

"litter" means straw or other substance commonly used for

bedding or otherwise for or about animals;

"mortuary" means any place appointed by the Minister

responsible for public health for the reception of dead bodies

before internment;

"occupier" means, in respect of a house or part of a house the

person who occupies the premises or has the charge, management

PREVENTION OF DISEASE

or control thereof, either for himself or as agent of another person,

and, in respect of a ship, the master or other person in charge

thereof;

"owner" means, in respect of a building or part of a building, the

person who is entitled to receive the rents of the premises, or who

would be so entitled if such premises were let, and shall include

any tutor, curator or other administrator as well as, in the case of

public property, the person entrusted with the management thereof;

"poultry" means fowls, turkeys, geese, ducks, guinea fowls and

domestic and racing pigeons;

"ship" means any sailing-ship or steamship and includes any

vessel or boat;

"street" includes any lane, footway, square, open space or

passage, whether a thoroughfare or not, and whether there are

houses or not;

"Superintendent" means the Chief Government Medical Officer

and Superintendent of Public Health;

"suspected" means suspected of being diseased.

(1) Any order or regulation which the competent Minister

has, under this Ordinance, the power to give or make, shall be

given or made by the competent Minister on the advice of the

Council of Health.

(2) The provisions of this article shall not apply to the orders

referred to in articles 78 and 88 or to any order given by the

competent Minister in pursuance of any regulation made under this

Ordinance.

(1) Any regulation made by the competent Minister in

virtue of this Ordinance shall be published in the Government

Gazette and shall have the same effect as if it were enacted in this

Ordinance.

(2) Any such regulation shall be laid as soon as practicable

upon the Table of the House of Representatives which shall have

the power to disallow or amend such regulation by resolution, and

any such regulation shall cease to have effect if so disallowed.

PART I

P REVENTION OF D ISEASE IN M AN

TITLE I

P REVENTION OF I NFECTIOUS AND C ONTAGIOUS

D ISEASES

Where an inmate of any house or other building, used for

human habitation, including any shed, tent or van, is suffering from

a disease, then, unless such house or building is a hospital in which

persons suffering from such disease are received, the head of the

family to which such inmate belongs, and in his default the nearest

relative of the patient present in the house or building or being in

attendance on the patient, and in default of any such person the

occupier of such house or building, shall, as soon as he becomes

aware that the patient is suffering from a disease to which this Part

of the Ordinance applies send notice thereof to the district medical

officer of the district in which such house or building is situate.

Where a person on board any ship, or in any hotel or

lodging-house or any college or school is suffering from any

disease, the master of the ship or the keeper of the hotel, lodging-

house, college or school, shall, as soon as he becomes aware that

the patient is suffering from a disease to which this Part of the

Ordinance applies, send a notice thereof to the Superintendent or to

the district medical officer.

Every medical practitioner attending on or called in to visit

the patient shall forthwith, on becoming aware that the patient is

suffering from a disease to which this Part of the Ordinance

applies, send to the Superintendent a certificate stating the name,

age and address of the patient, and the disease from which, in the

opinion of such medical practitioner, the patient is suffering.

Every person required by articles 5 and 6 to give a notice

who fails to give the same shall be guilty of an offence

Provided that if a person is not required to give notice in the

first instance but only in default of some other person, he shall not

be deemed to have committed an offence under the said articles if

he satisfies the court that he had reasonable cause to suppose that

the notice had been duly given

Provided also that the said articles shall not apply, if it is

shown to the satisfaction of the court that the person required to

give notice called in a medical practitioner on becoming aware of

the disease.

(1) The Minister responsible for public health may, from

time to time, prescribe the form of the certificate referred to in

article 7, and the form so prescribed shall be used in all cases where

such certificate is required to be given.

(2) Such forms shall, on demand, be supplied by the

Government, free of charge, to any medical practitioner residing or

practising in any district.

(3) It shall be lawful for the Minister responsible for public

health to order by means of a notice published in the Government

Gazette, that the Superintendent shall pay to every medical

practitioner for each certificate duly sent by him under the

provisions of this Ordinance, and relating to any disease specified

in such notice, a fee of not less than twenty-nine cents (0.29) nor

more than fifty-eight cents (0.58), if the case occurs in his private

practice, and of not less than twelve cents (0.12) nor more than

twenty-three cents (0.23), if the case occurs in his practice as

medical officer attached to any public body or institution.

PREVENTION OF DISEASE

(4) Any such order may be either permanent or temporary: in

the latter case the said notice shall state the time during which the

order is to remain in force.

(1) For the purposes of articles 5 and 9 inclusive, the

expression “disease to which this Part of the Ordinance applies”,

means any of the following diseases, namely - plague, small-pox,

cholera, diphteria, membranous croup, typhus, yellow fever,

leprosy and epidemic cerebro-spinal meningitis.

* (2)

For the purposes of articles 7 and 9, the expression “disease

to which this Part of the Ordinance applies” means any of the

infectious or contagious diseases hereinafter mentioned, namely-

scarlatina or scarlet fever, typhoid or enteric fever, malarial fever,

undulant fever, puerperal fever and the diseases known as measles,

erysipelas, varicella, influenza, whooping cough, hydrophobia and

tubercular phthisis.

(1) The Minister responsible for public health may, from

time to time, by means of a notice, order that the provisions of

articles 5, 6 and 7 shall apply to any other infectious or contagious

disease besides those mentioned in subarticle (2) of the last

preceding article.

(2) The notice by means of which any such order is made, shall

specify such other disease or diseases to which the operation of the

said articles shall extend.

(3) Any such order may be either permanent or temporary: in

the latter case the said notice shall state the time during which the

order is to remain in force.

(4) The notice by which the said order is made shall be

published in the Government Gazette and in a daily newspaper for

three consecutive working days, and a copy thereof shall be posted

up at the principal Police station of each Police district.

(5) The order shall come into operation at such date, not earlier

than one week after publication of the said notice, as the Minister

responsible for public health shall fix, and upon its coming into

operation and during the continuance thereof, any infectious or

contagious disease mentioned in such order shall be a disease to

which this Part of the Ordinance applies.

(6) In cases of emergency, a three days’ notice shall be

sufficient, and the mere fact that such an abridged period is fixed in

the said notice shall be sufficient evidence of the emergency.

(1) The Superintendent or any medical officer of health,

shall have power to enter at any hour by day or by night, after

giving one hour’s notice, any house or other place, in which he has

reason for believing that a case of disease exists or has, recently,

existed, or there lives any person who may have been in contact

with any disease, and there to examine and inspect any person

found on the premises or subject such person to such medical

*See Legal Notices 110 of 1990, 179 of 1996 and 73 of 1997, which extend the

application of this subarticle to other specific diseases.

investigations as may be deemed by him to be necessary in the

interest of public health, with a view to ascertaining if such person

is suffering or has recently been suffering from such a disease.

(2) Where such entry, examination, inspection or medical

investigation is refused, it shall be lawful for any magistrate, on

good cause being shown to him by the said Superintendent or

o ff i c e r o n o a t h , t o g r a n t a w a r r a n t a u t h o r i z i n g s u c h e n t r y,

examination, inspection or medical investigation.

(3) Where such warrant has been granted, any person who

shall, on production thereof, refuse to permit the said

Superintendent or medical officer of health to enter the premises, or

obstruct him in the said inspection, examination or medical

investigation, shall be guilty of an offence under this Ordinance.

Deleted by Act XXVIII.2025.2.

(1) The Superintendent or medical officer of health, on

ascertaining that any of the persons foun d on the premi ses

inspected by him as provided in article 12, is actually suffering

from a disease, may order, in addition to other sanitary measures,

that the patient and any other person in attendance on him or whom

the said Superintendent has reasonable ground for believing to have

been exposed to infection, shall be isolated or given medical

treatment, or both as may be indicated, until such time as the said

Superintendent is satisfied that such isolation or treatment is no

longer necessary.

(2) Any person disobeying, or preventing any other person

from obeying any such order as aforesaid, shall be guilty of an

offence under this Ordinance.

(3) Any treatment ordered by the Superintendent or a medical

officer of health in accordance with subarticle (1) shall be given

free of charge.

(1) The Superintendent may order any person who, having

an occupation which the Minister responsible for public health may

determine by notice published in the Gazette, is considered by the

said Superintendent capable of spreading disease, to undergo such

periodic medical examinations and investigations as may be

deemed necessary for ascertaining such person’s freedom of

infection.

(2) Any person disobeying or preventing any other person from

obeying any such order as aforesaid shall be guilty of an offence

under this Ordinance.

PREVENTION OF DISEASE

Where the Superintendent is of opinion that the cleansing

and disinfection of any house, or part thereof, and of any articles

therein which through infestation by vermin or otherwise are likely

to retain infection, or the destruction of such articles, would tend to

prevent or check the spread of a disease, he may give notice in

writing to the occupier, or, if the premises are unoccupied, to the

owner of such house or part thereof, stating that the same and any

such articles therein will be cleansed and disinfected, or, as regards

the articles, destroyed, by the department of health, unless such

owner or occupier informs the Superintendent within the time fixed

in the notice, that he will cleanse and disinfect the house or part

thereof and any such articles therein or, as the case may be, destroy

such articles, to the satisfaction of the Superintendent or a medical

o ff i c e r o f h e a l t h , o r a m e d i c a l p r a c t i t i o n e r d e p u te d b y t he

Superintendent, or a health inspector, within the time fixed in the

notice.

(1) If within the said time the person to whom the notice is

given does not inform the Superintendent as aforesaid, or if, having

so informed the Superintendent, he fails to have the house or part

thereof and any such articles therein cleansed or disinfected, or, as

regards such articles, destroyed as aforesaid within the time fixed

in the notice, or if, though no notice as aforesaid has been given,

the owner or occupier gives his consent, the house or part thereof

and articles shall be cleansed and disinfected, or, as regards the

articles, where necessary, destroyed, by the officers of the

department of health at the expense of the Government.

(2) Any person who shall wilfully obstruct the said officers in

the performance of their duties, shall be guilty of an offence under

this Ordinance.

The officers mentioned in article 16 shall have power to

enter, at any hour by day, any premises for the purpose of carrying

into effect the provisions of the last preceding article.

(1) If, on account of the existence or recent existence of a

disease in a house or part of a house, or for the purpose of

disinfecting such house or part thereof, the Superintendent deems it

necessary to remove therefrom any of the persons residing therein,

who is not himself diseased or whose presence is not required for

attendance on any other diseased person, he may order such

removal, and if in any such case, any such person, or his parents or

guardian does not consent to the removal, it shall be lawful for any

magistrate, on the sworn declaration of the Superintendent as to the

necessity of such removal, to grant a warrant authorizing the Police

to effect such removal subject to such conditions, in regard to time

and otherwise, as he may deem expedient to impose.

(2) The Superintendent shall, and he is hereby empowered to,

provide, free of charge, temporary shelter or house accommodation,

with any necessary maintenance and attendants, for the persons

residing in the house or part of the house during the time they are

prevented from returning thereto.

(3) Any person who shall obstruct the execution of an order

given by any magistrate under this article, shall be guilty of an

offence under this Ordinance.

(1) Where it appears to the Superintendent, upon a report

from a government medical officer, that any person, or the clothing

of any person, is verminous, then, if that person consents to be

removed to a cleansing station, the said Superintendent may cause

him to be removed to such a station. If that person does not so

consent, he may be brought before a Court of Magistrates sitting as

a court of criminal judicature, and the court, if satisfied that it is

necessary that he or his clothing should be cleansed, may make an

order for his removal to such a station and for his detention therein

for such period and subject to such conditions as may be specified

in the order

Provided that the Superintendent may authorise the

cleansing to be carried out at the residence of such person, or at

such other place as the Superintendent may direct.

(2) Where a person has been removed to a cleansing station in

pursuance of the last preceding subarticle, the Superintendent shall

take such measures as may, in his opinion, be necessary to free him

and his clothing from vermin or contamination.

(3) The cleansing of females under this article shall be carried

out only by a woman duly authorized by the Superintendent, under

the direction of a government medical officer.

(4) Any consent required to be given for the purposes of this

article may, in the case of a person under the age of eighteen years

or irresponsible through mental deficiency, be given on his behalf

by one of his parents or by his guardian.

(5) No charge shall be made for the cleansing of a person or his

clothing or for any related service rendered in accordance with the

provisions of this article.

(1) Where in pursuance of the powers under article 16 the

officers of the department of health have disinfected any house,

part of a house or any article therein, or have destroyed any such

article, the Government shall make reasonable compensation to the

owner or occupier of such house or part thereof, or to the owner of

such article, as the case may be, for unnecessary damage caused by

the disinfection to such house, part of a house or article, or where

an article has been destroyed, for the loss thereof caused by the

destruction.

(2) If such compensation is refused, it shall be lawful to

maintain an action for the recovery thereof, before the competent

court.

(3) For the purpose of this article "house" includes any store,

tent or van, or any ship lying in any of the ports or in the territorial

waters of Malta.

(4) In the case of destruction by order of the Superintendent of

infected or verminous articles, the Superintendent shall have the

option of making compensation therefor by replacing each article

destroyed, or any one of such articles, by others, or another,

substantially similar.

(1) The Superintendent may, by notice in writing, require

the owner of any bedding, clothing or other articles which have

been exposed to infection to cause the same to be delivered over to

an officer of the department of health for removal for the purpose

of destruction or disinfection.

(2) Any person who fails to comply with such a requirement

shall be guilty of an offence under this Ordinance.

(3) The bedding, clothing and articles which have been

disinfected by the department of health, shall be brought back and

delivered to the owner free of charge, and if any of them suffers

any damage or is destroyed, the Government shall compensate the

owner for the same, and such compensation, if refused, shall be

recoverable in the competent court.

(1) Whenever the Superintendent is satisfied that it is

desirable, with a view to preventing the spread of disease, that he

should know the customers of any person or company earning a

livelihood or deriving gain by the washing, mangling or ironing of

clothes, the Superintendent may require such person or company to

indicate to him the names and addresses or to furnish him with a

full and complete list of the owners of clothes for whom such

person or company washes, mangles or irons or has washed,

mangled or ironed during the past six weeks, and such person or

company shall furnish such indication or list accordingly.

(2) The Superintendent shall pay to such person or company,

for every such indication or list, the sum of six cents (0.06) in

respect of every twenty-five names included therein, provided that

the whole amount so payable shall not exceed thirty-five cents

(0.35).

(3) Any person who knowingly omits to furnish such indication

or list shall be guilty of an offence under this Ordinance.

(1) No person shall -

(a) knowingly cast, or cause or permit to be cast into any

dustbin or otherwise expose any matter or article

infected by disease;

(b) knowingly let for hire any house or part of a house in

which any person has been suffering from a disease,

without having such house or part of a house and all

articles therein liable to retain infection, disinfected to

the satisfaction of any of the medical authorities

mentioned in article 16, or, as regards such articles,

where necessary, destroyed;

(c) when letting for hire or showing for the purpose of

letting for hire any house or part of a house, and on

being questioned by any person negotiating for the

hire of such house or part of a house as to the fact of

there being or within six weeks previously having been

therein any person suffering from a disease, knowingly

make a false answer to such question;

(d) on ceasing to occupy any house or part of a house in

which any person has within six weeks previously

been suffering from any disease -

(i)

fail to give to the owner or occupier of such

house or part of a house, notice of the previous

existence of such disease; or

(ii) knowingly make a false answer on being

questioned by the owner or occupier of such

house or part of a house or by the person

negotiating for the hire thereof, as to the fact of

there having within six weeks previously been

therein any person suffering from a disease.

(2) For the purpose of subarticle (1)(b) the keeper of an inn or

hotel shall be deemed to let for hire part of a house to any person

admitted as a guest into such inn or hotel.

(1) Any person suffering from a disease who is without

proper lodging or accommodation or is in or upon any house or

premises where proper precautions cannot be taken so as to prevent

the spread of disease, or is lodged in any tent or van or in a room or

house occupied by other persons besides those whose presence is

necessary for attending on the patient, or is on board any ship, may

on a certificate signed by two of the medical officers mentioned in

article 16, be removed, by order of a magistrate, on the application

of the Superintendent and at the cost of the Government, to any

hospital for infectious diseases in Malta where the patient is and

detained therein at the expense of the Government, so long as

infected.

(2) No such order shall be necessary where the removal is

effected with the consent of the patient or his parents or tutor.

(3) The order referred to in subarticle (1) shall be addressed, in

Malta, to the Commissioner of Police and, in Gozo, to the senior

Police officer.

(4) Any person who shall obstruct the execution of any order

made by any magistrate as aforesaid, shall be guilty of an offence

under this Ordinance.

(1) Where, upon the application of any of the medical

officers mentioned in article 16, any magistrate is satisfied that a

person suffering from a disease, who is in a hospital, would not on

leaving such hospital be provided with lodging or accommodation

in which proper precautions could be taken to prevent the spreading

of the disease by such person, such magistrate may make an order

directing the said person to be detained in such hospital, at the cost

of the Government, for a time to be fixed in such order, but with

full power to such magistrate to enlarge such time as often as may

appear to him to be necessary for preventing the spread of the

disease.

(2) The execution of the said order may be enforced by any

officer of the department of health, any Police officer or any officer

of the hospital.

Any person who -

(a) while suffering from a disease, wilfully exposes

himself without proper precautions against the spread

of the disease in any street, public place, shop, inn,

tavern, hotel or church or any other place used in

common by persons other than members of the family

or household to which such infected person belongs; or

(b) being in charge of any person so suffering, knowingly

so exposes such sufferer; or

(c) knowingly gives, lends, sells, pawns, transmits,

removes or exposes or permits to be washed or

exposed in any wash house, which is used in common

by persons other than members of the family or

household to which the infected person belongs,

without previous disinfection to the satisfaction of any

of the medical officers mentioned in article 16, any

bedding, clothing or other articles which have been

exposed to infection from such disease,

shall be guilty of an offence under this Ordinance.

(1) No parent or other person having care of a child who is

or has been suffering from a disease, or who resides in a house

where such disease exists or has existed within a period of six

weeks, shall knowingly or negligently permit such child to attend

school without producing to the teacher or other person in charge of

such school a medical certificate that such child has become free

from disease or infection and that the house and everything therein

exposed to infection has been disinfected to the satisfaction of any

of the medical officers mentioned in article 16.

(2) No teacher or person in charge of any school shall

knowingly permit any child to attend such school in contravention

of this article.

No person suffering from a disease, or residing in a house

infected with disease, shall milk any animal or engage in any

occupation connected with food intended for sale, or carry on any

trade or business in such a manner as to be likely to spread such

disease.

(1) The owner or person in charge of a public vehicle shall

not knowingly convey, nor shall any other person knowingly place

in any such vehicle a person suffering from a disease, nor shall any

person suffering from a disease enter any such vehicle, unless

proper precautions are taken, to the satisfaction of the

Superintendent, for the isolation of the person so suffering.

(2) If any person suffering from a disease is conveyed in any

public vehicle, the owner or person in charge thereof, as soon as it

comes to his knowledge, shall give notice to the Superintendent,

and shall cause such vehicle to be disinfected. The owner or person

in charge of such vehicle shall be entitled to recover in the

competent court, from the person so conveyed, a sufficient sum to

cover any loss and expense incurred by him in connection with

such disinfection.

(3) It shall be the duty of the Superintendent, when so

requested by the owner or person in charge of such vehicle, to

provide for the disinfection of the same, free of charge.

(4) For the purpose of this article, "disease" means plague,

small-pox, cholera, diphtheria, membraneous croup, typhus,

yellow-fever, epidemic cerebro-spinal meningitis, scarlatina or

scarlet fever, measles, varicella and any other disease to which the

Minister responsible for public health shall, by regulation, direct

that the provisions of this article shall apply.

(1) If the Superintendent is in possession of evidence that

any person is suffering from any disease attributable to milk

supplied from any dairy or that the milk from any such dairy is

likely to cause any such disease, such Superintendent shall visit

such dairy or cause such dairy to be visited by a medical officer of

health or other sanitary officer. The Superintendent or other officer

deputed by him, shall examine such dairy and every person

engaged in the service thereof or resident upon the premises or who

is resident in any of the premises where any person employed in

such dairy may reside, as well as the animals therein, and shall

subject such animals to any necessary process with a view to

ascertaining if the same are suffering from any disease.

(2) On the result of such inspection the Superintendent shall

either make an order requiring the dairyman not to supply any milk

from such dairy until such order has been withdrawn, or declare

that no such order is necessary.

(3) For the purpose of the provisions of this article any milk

supplied from any animals while temporarily out of the dairy in

which they are kept, shall be deemed to have been supplied from

such dairy.

(4) An order made in pursuance of subarticle (2) shall be

forthwith withdrawn on the Superintendent being satisfied that the

milk is no longer likely to cause disease.

(1) Any dairyman aggrieved by any order made as

aforesaid may appeal to the Court of Magistrates (Malta), if the

dairy is situate in Malta, or to the Court of Magistrates (Gozo), if

the dairy is situate in either Gozo or Comino.

(2) The appeal shall be made by means of an application with a

prayer that the said order be varied or reversed.

(3) A copy of such application shall be served on the

Superintendent who shall be duly informed of the day appointed, as

hereafter provided, for the trial of the cause.

(4) On the said application being filed, the competent court

shall appoint the day, not later than six working days from the day

of filing, on which the parties shall appear before it.

(5) The court may either make an order requiring the dairyman

not to supply any milk, or vary or reverse the order made by the

Superintendent.

(6) Pending the disposal of the appeal the order made by the

Superintendent shall remain in force.

(7) If the court finds that there had not been sufficient grounds

for the order made by the Superintendent and that there are no such

grounds for it to confirm such order, the dairyman shall be entitled

to receive compensation for any damage he may have suffered in

consequence of such order and if such compensation is refused, it

shall be recoverable in the competent court.

Any person refusing to permit the Superintendent or other

officer referred to in article 31 to make the examination therein

mentioned, or supplying milk in contravention of any order made

by the Superintendent or the court under the last two preceding

articles shall be guilty of an offence under this Ordinance.

Nothing contained in or done under the provisions of

articles 31, 32 and 33 shall affect the operation of the provisions of

the Food Safety Act, or of any other enactment substituting it,

relating to dairies, milk, butter or cheese.

(1) Where the Superintendent is satisfied that an outbreak

or spread of any disease is attributable to milk supplied by any

dairyman, whether wholesale or retail, or to milk supplied by one

or other of several such dairymen, such Superintendent may require

such dairyman or dairymen to furnish him within such time, not

less than twenty-four hours, as may be specified by him, with an

indication of a full and complete list of the names and addresses of

his or their customers so far as known to him, and such dairyman or

dairymen shall furnish such indication or list accordingly.

(2) The Superintendent shall pay to the said dairyman or

dairymen a sum of six cents (0.06) in respect to every twenty-five

names included in s47uch indication or list, provided the whole

amount so payable shall not exceed thirty-five cents (0.35).

(3) The Superintendent may also, in the case mentioned in

subarticle (1) require the dairyman or dairymen to furnish him,

within such time, not less than twenty-four hours, as shall be fixed

by him, with an indication or a full and complete list of the names

and addresses of the persons from whom during a period to be

specified by the Superintendent, the milk or any part of the milk

which he or they sell or distribute was obtained.

(1) No person, without the sanction in writing of a

government medical officer, shall retain unburied elsewhere than in

a room not used at the time as a dwelling-place, sleeping-place or

workroom, for more than twenty-four hours, the body of any person

who has died from a disease

Provided that nothing contained in this article shall prevent

the removal of such body to a mortuary where such removal

becomes necessary under any provisions of the law.

(2) If any person shall die in any hospital or other place

provisionally provided for the treatment of persons suffering from a

disease, and any of the medical officers mentioned in article 16

certifies that in his opinion it is desirable, in order to prevent the

risk of communicating such disease or of spreading infection, that

such body shall not be removed from such hospital or place except

for the purpose of being forthwith buried, it shall not be lawful for

any person to remove such body except for such purpose

Provided that nothing in this article contained shall prevent

the removal of any dead body from any such hospital to any

mortuary, and such mortuary shall, for the purpose of this article be

deemed part of such hospital as aforesaid.

(1) Where -

(a) the body of any person who has died from any disease

is retained in any room where other persons live or

sleep; or

(b) the body of any person who has died from any disease

is retained unburied elsewhere than in a room not used

at the time as a dwelling-place, sleeping-place or

workroom, for more than twenty-four hours after death

without the sanction in writing of a government

medical officer; or

(c) the dead body of any person is retained in any house or

room or on board any ship so as, by such continued

retention, to endanger the health of the inmates thereof

or of any adjoining or neighbouring house or building;

or

(d) the dead body of any person is unclaimed, or no-one

undertakes to bury it,

any magistrate may, on a certificate signed by a duly qualified

medical practitioner, order the body to be removed at the cost of the

Government to any available mortuary, and direct the same to be

buried within a time to be limited in the order.

(2) Such magistrate may, in the case of the body of any person

who has died of any disease, or in any case in which he shall

consider immediate burial necessary, direct the body to be so

buried without removal to the mortuary.

Unless the friends or relatives of the deceased undertake to

bury and do bury the body within the time limited by such order as

aforesaid, it shall be the duty of the Superintendent to bury such

body and any expense so incurred may be recovered by him in the

competent court from any person legally liable to pay the expenses

of such burial.

(1) The body of a person who has died of a disease may

not be carried in any conveyance, not being a hearse reserved for

such purpose, except on the certificate of any of the medical

officers mentioned in article 16, stating that every precaution in the

interest of public health has been taken to his satisfaction.

(2) In the absence of such certificate no person shall knowingly

remove or assist in removing, or procure or endeavour to procure

the removal of any such dead body.

Any person who shall obstruct the execution of any order

made by a magistrate under article 37, shall be guilty of an offence

under this Ordinance.

The provisions of articles 5, 6, 7, 14, 19, 25, 26, 27, 28 and

29 shall apply even where there exists only a reasonable suspicion

that the disease is plague, small-pox, asiatic cholera, diphtheria,

membraneous croup, yellow fever, scarlet fever, leprosy or

varicella.

The Minister responsible for public health may make and,

when made, vary or revoke regulations for the purpose of requiring

persons suffering from a disease of a chronic infectious nature, to

submit themselves to periodical examinations and/or treatment in

such manner and by such medical officers as may be prescribed by

such regulations.

The Minister responsible for public health may, for the

better protection of the health of the public, by regulations

prescribe measures for -

(a) controlling and regulating the quality of the water,

including waste water, which may be used in the

cultivation and irrigation of crops;

(b) controlling and regulating the type of crops which may

be cultivated in any particular area; and

(c) the seizure and destruction of crops the consumption

of which would be prejudicial or could constitute a

hazard to the health of the consumer.

TITLE II

P REVENTION OF E PIDEMIC D ISEASES

Whenever any part of Malta is threatened with or is

affected by any dangerous epidemic or infectious disease, the

Minister responsible for public health may make and, when made,

vary or revoke regulations for all or any of the following purposes,

namely

(a) for the speedy interment of the dead;

(b) for house-to-house visitation;

(c) for the provision of medical aid, distribution of

medicine, the establishment of hospitals, the

promotion of cleansing, ventilation and disinfection

and otherwise for guarding against the spread of

disease;

(d) for preventing any house or part of a house from being

so overcrowded as to be dangerous to health; and

(e) for any other matter or thing which the Minister

responsible for public health may deem expedient for

the prevention or mitigation of such disease,

and may by order declare such regulations or any of them to be in

force in respect of the whole of Malta or within any part or parts

thereof only and to apply to any ship lying in port or within the

territorial waters of Malta, for the time specified in such order.

Whenever any part of Malta is affected by any epidemic

disease, the medical practitioners exercising their profession within

the district affected by the disease, as well as the district medical

o ff i c e r a n d a n y o t h e r m e d i c a l p r a c t i t i o n e r e n g a g e d b y t h e

Government to give his services in such district during the

prevalence of such disease, shall place themselves at the service of

the persons suffering from such disease within the district.

The widow and children of any medical practitioner,

whether in the employment of the Government or not, or of any

health inspector, who dies of such epidemic disease contracted by

him in the performance of his duties under this Ordinance, shall be

entitled to a pension.

(1) The pension payable to the widow of a medical

practitioner who dies as aforesaid, shall be of one hundred and

seventy-four euros and seventy cents (174.70) per annum, with an

increment of twenty-three euros and twenty-nine cents (23.29) for

each child left by the deceased.

(2) If such medical practitioner is a widower at the time of his

death, but leaves children, or if the wife is alive at the time of his

death but dies, leaving children, after becoming entitled to the

pension, each of such children shall be granted a pension of an

amount, not less than twenty-three euros and twenty-nine cents

(23.29) per annum, to be fixed by the Minister responsible for

public health.

(3) If the said medical practitioner leaves neither a widow nor

children, but ascendants or brothers or sisters, or nephews or nieces

in the direct line, who were entirely dependent upon him for their

subsistence, the pension mentioned in subarticle (2) shall be

granted to such relatives in such proportion and on such conditions

as the Minister responsible for public health may direct.

(4) The pension payable to the widow of a health inspector

shall be of eighty-one euros and fifty-three cents (81.53) per

annum, with an increment of eighteen euros and sixty-three cents

(18.63) for each child left by the deceased.

(5) If the health inspector is a widower, at the time of his death,

but leaves children, or if the wife is still alive at the time of such

death but dies, leaving children, after becoming entitled to the

pension, each of the children shall be granted a pension of an

amount, not less than eighteen euros and sixty-three cents (18.63)

per annum, to be fixed by the Minister responsible for public

health.

(6) The provisions of subarticle (3) relating to the pension

payable to the relatives of a medical practitioner who dies without

leaving a widow or children, shall, in the like circumstances, apply

also in the case of the death of a health inspector.

(1) Where the widow of a deceased medical practitioner

forfeits her pension as hereinafter provided, each of the children

shall be entitled to a pension of not less than twenty-three euros and

twenty-nine cents (23.29) per annum.

(2) Where such forfeiture is incurred by the widow of a health

inspector, each of the children shall be entitled to a pension of

eighteen euros and sixty-three cents (18.63) per annum.

(3)

The pension shall be forfeited -

(a) by the widow on her re-marriage;

(b) by the children of either sex on their attaining

majority, or, in the case of daughters, on their

contracting marriage even though during minority.

(1) Whenever any part of Malta is affected by an epidemic

disease, the Minister responsible for public health may make

regulations directing that the provisions of article 46 shall also

apply to the wife and children of any person, other than those

specifically mentioned in that article, engaged by or under the

Government to give his services during the prevalence of such

disease and who dies of such epidemic disease contracted by him in

the performance of his duties.

(2) Such regulations shall also fix the amount of pension to

which the widow or children of any such person shall be entitled.

(3) Any pension granted in pursuance of this article shall be

subject to forfeiture as laid down in the last preceding article.

(1) The Minister responsible for public health may

prescribe by regulations the measures to be taken for the prevention

of danger arising to public health from ships, aircraft or passengers

arriving in Malta, as well as measures for the prevention of the

conveyance of infection by means of any ship or aircraft or

passengers leaving Malta.

(2)

Such regulations may in particular provide for -

(a) the signals to be hoisted or given by ships or by

aircraft having any case of disease on board;

(b) the questions to be answered by masters, pilots, and

other persons on board any ship or aircraft as to the

occurrence on board of cases of disease and as to other

sanitary circumstances during the voyage or on arrival

in Malta;

(c) the detention of ships or aircraft and the detention of

persons on board ships or in a quarantine station as

well as the examination of ships or aircraft and of

persons on board the same, in each case before they

obtain free pratique;

(d) the duties to be performed in cases of such disease by

masters, pilots and other persons on board ships or

aircraft;

(e) the disinfection of ships and aircraft and of persons,

animals, goods and any other articles to be landed

therefrom;

(f)

the measures to be adopted, in the case of outgoing

passengers, ships or aircraft to prevent exportation of

disease;

(g) the measures to be taken against insects, rats or other

animals liable to carry infection;

(h) the recovery of any expenses incurred in the

disinfection or other operations carried out in ships or

aircraft in connection with measures adopted under the

regulations;

(i)

the charges to be made under the regulations and for

services performed thereunder, and the recovery of

such charges;

(j)

the exercise and performance of any powers and duties

under the regulations by the authorities therein

mentioned;

(k) the form and mode of service or delivery of notices

and other documents;

(l)

generally for the better execution of the provisions of

this Ordinance and for the purpose of in any manner

preventing the importation of disease into Malta.

The Superintendent, the port medical officers, and any

other government medical or health officer deputed for such

purpose, as well as any officer of any other department entrusted

with the duty of enforcing and executing the above regulations and

of aiding in the enforcement or execution thereof, shall have the

power of entry in any premises, ship or aircraft for the purpose of

enforcing or superintending the enforcement of any regulations so

issued by the Minister responsible for public health as aforesaid.

Any person who wilfully neglects or refuses to obey or

carry out or obstructs the execution of any regulation made under

the provisions of this Title shall be guilty of an offence under this

Ordinance.

(1) It shall be lawful for the Superintendent, the medical

officer or other officer charged with the duty of visiting ships or

persons before being admitted to pratique, and for the medical

officer or other officer in charge of any quarantine station, to

administer oaths in order to ascertain such facts as they may

consider necessary for sanitary purposes.

(2) The medical officer or other officer in charge of any

quarantine station may, within the precincts of such station,

exercise all such powers as are by law competent to an inspector of

Police, and any guard or other person employed under the said

officer may, within the same precincts, exercise all such powers as

are by law competent to a Police officer below the rank of

inspector.

TITLE III

I MMUNISATION AGAINST C OMMUNICABLE D ISEASE

In this Part -

"child" means any person under eighteen years of age;

"parent" means the father, and in his absence, the mother;

"prescribed" means prescribed by regulations.

(1) No person shall establish any institute for the

preparation of vaccine lymph or for the preparation or inoculation

of any vaccine or serum for the treatment or prevention of rabies or

any other disease, except in virtue of a licence from the Minister

responsible for public health and subject to such conditions as shall

be specified therein.

(2) Any such institute must, in every case, be under the

direction and management of medical practitioners and shall be

subject to the supervision of the Superintendent.

(3) The application for the said licence shall be forwarded to

the Superintendent, and the licence shall be issued under his

signature.

(4) The licence referred to in subarticle (1) shall also be

required for the sale of the vaccine or serum therein mentioned.

There shall be a centre in Malta and a centre in Gozo and

such other centres as the Superintendent may from time to time

consider necessary, for the purpose of providing free immunisation

against diphtheria, tetanus, poliomyelitis and such other diseases as

the Superintendent may by notice in the Gazette determine.

It shall be the duty of the parent or other person having the

custody of any child who has attained the age of three months and

who has not already been completely protected in accordance with

the provisions of this article to the satisfaction of the

Superintendent, to take or to cause such child to be taken to any of

the centres referred to in article 56 for the purpose of immunising

such child against diphtheria, tetanus and poliomyelitis or against

any disease as the Minister may prescribe until such time as full

and continued protection of the child against these diseases is

ensured.

Where the officer in charge of such centre is of the opinion

that a child is not fit to be immunised, he shall deliver to the parent

or other person having the custody of such child, a certificate of

postponement on which shall be specified the date on which the

child shall again be brought to the centre for immunisation, and the

parent or person having the custody of the child shall take or cause

such child to be taken to any of the centres to which reference is

made in article 56 on the date specified in such certificate for the

purpose of immunisation

Provided that no certificate of postponement may be issued

in respect of a child who has attained the age of one year unless

such certificate has been approved by a medical officer of health.

(1) It shall be lawful for a medical officer deputed by the

Superintendent to visit the home of a child for the purpose of

examining and immunising a child who has not been immunised in

accordance with the provisions of this Ordinance.

(2) The examination and immunisation shall be carried out free

of charge.

On completion of the full basic course of immunisation,

the officer in charge of the centre shall forward a certificate to this

effect to the parent or other person having the custody of the child.

It shall be the duty of the officer in charge of a centre

r e f e r r e d t o in a r t i c l e 5 6 t o k e e p s u c h r e c o r d r e ga r d i n g t h e

immunisation status of children, as may be required by this

Ordinance or any regulations made thereunder, including a record

of certificates issued to the parent or other person as provided in

article 60.

The senior Police officer of any district shall, within seven

days after the day on which notice of the birth of any child is given

as provided in article 272 of the Civil Code, give notice on the

prescribed form to the parent or to the person having the custody of

such child, requiring such child to be immunised in accordance

with the provisions of this Ordinance.

Notwithstanding the provisions of article 57, the parent or

other person having the custody of any child may take or cause to

b e t a k e n su c h c h i l d t o b e i m m u n i s e d b y a p r i v a t e m e d i c a l

practitioner, and if any such practitioner shall undertake the

immunisation, he shall be liable to perform all the duties in

co nnection with su ch im muni sati on as are r eq uired by th is

Ordinance to be performed by the officer in charge of the centre,

and shall within one month from the day of such immunisation,

give notice in writing thereof to the Superintendent.

On information in writing from the Superintendent or any

medical officer acting on his behalf that he has reason to believe

that a child has not completed the basic course of immunisation or

such other booster doses as the Superintendent may deem necessary

to safeguard the health of the child or of the community, and that he

has given notice to the parent or other person having the custody of

the child to procure the child’s immunisation in accordance with

the provisions of this Part of the Ordinance, the Commissioner of

Police shall summon such parent or other person to appear before

the Court of Magistrates, and if the court finds after such enquiry as

it shall deem necessary to make, that the child has not been

immunised in accordance with the provisions of this Ordinance, the

court may make an order directing the proper immunisation of such

child in accordance with the provisions of this Ordinance within

such time as the said court may prescribe; and if, at the expiration

of such time the child shall not have been properly immunised in

accordance with the provisions of this Ordinance, or shall not have

been shown to be unfit to be so immunised, the person against

whom such order shall have been made shall be guilty of an offence

under this Ordinance

Provided that in any prosecution for neglect to procure the

immunisation of a child, it shall not be necessary in support thereof

to prove that the person charged had received the notice referred to

in article 62.

It shall be lawful for the Superintendent to require the

parent or other person having the custody of a child, to produce

evidence that such child has been immunised in accordance with

the provisions of article 57, or article 63.

(1) Where the Superintendent is of the opinion that any

person’s risk of contracting tetanus is increased by reason of his

occupation, he may order such person to be vaccinated against that

disease in such manner and at such place as the Superintendent may

determine.

(2) The provisions of article 63 shall apply where the

immunisation is carried out by a private medical practitioner.

(3) Any person disobeying any such order shall be guilty of an

offence under this Ordinance.

The Minister responsible for public health shall have

power to make regulations for ensuring the protection of the public

by immunisation against disease and without prejudice to the

generality of the foregoing, for -

(a) prescribing the forms to be used for notices and

certificates as may be required under this Part of this

Ordinance;

(b) regulating and controlling the practice of any

particular type of immunisation for any period;

(c) for prescribing the quality and type of any vaccine

which may be used;

(d) for controlling the importation, storage, distribution,

sale and use of any vaccine; and

(e) prescribing any disease against which immunisation

shall be compulsory in terms of article 57.

PART II

P REVENTION OF D ISEASE AMONG A NIMALS

T ITLE I

I SOLATION OF D ISEASED A NIMALS AND N OTICE TO THE

P OLICE

(1) Every person having in his possession or under his

charge an animal affected with disease shall -

(a) as far as practicable keep that animal separate from

other animals not so affected; and

(b) with all practicable speed, give notice of the fact of the

animal being so affected, to a Police officer for the

district wherein the animal so affected is.

(2) The officer to whom any such notice is given, shall

forthwith give information thereof to the Director of Agriculture.

The Minister responsible for agriculture may from time to

time m ake, and when made, vary or r ev oke regulati ons for

prescribing and regulating the notice to be given to or by any

person or authority in case of any particular disease or in case of

the illness of an animal.

TITLE II

I NFECTED P LACES AND A REAS AND S LAUGHTER OF

D ISEASED A NIMALS

Whenever it appears to a government veterinary surgeon

that any disease or suspicious symptoms of disease exist or have

recently existed in any stable, field or other place, he shall

forthwith make and sign a declaration thereof and transmit the

same to the Director of Agriculture.

(1) The Director of Agriculture shall cause a notice of

such declaration, signed by him, to be served on the occupier of

such stable, field or other place and, thereupon, such stable, field or

other place together with all lands and buildings contiguous thereto

in the same occupation, shall become and be a place infected with

disease subject to the determination and declaration of the Minister

responsible for agriculture as provided in the next following article.

(2) The Director of Agriculture shall with all possible dispatch

inform the Minister responsible for agriculture of the aforesaid

declaration.

(1) The Minister responsible for agriculture, if satisfied of

the correctness of the declaration made by the government

veterinary surgeon as to the existence or past existence of such

disease, shall make an order declaring the place wherein the disease

exists or has existed, and, if necessary, the area within half a mile

in any direction from such place, to be infected with such disease.

(2) If the Minister responsible for agriculture is not satisfied of

the correctness of the said declaration as to the existence or past

existence of the disease, he shall make an order containing a

declaration to that effect, and, thereupon, as from the time specified

in such order, the place to which the declaration refers, shall cease

to be a place infected with disease.

The Minister responsible for agriculture may, at any time,

if he thinks fit, on any evidence satisfactory to him, declare any

place or area infected with disease or any part thereof to be free

from disease.

The order of the Minister responsible for agriculture

declaring a place or area to be an infected place or area, or

declaring a place or area, or a portion of an area, to be free from

disease, or cancelling a declaration shall be conclusive evidence to

all intents of the existence, or past existence, or cessation of the

disease, or of the error in the declaration and of any other matter

whereon the order proceeds.

The Director of Agriculture shall cause to be slaughtered

any animal which the government veterinary surgeon shall have

declared to be affected with cattle-plague, pleuro-pneumonia,

anthrax or glanders.

The Director of Agriculture may, if he thinks fit, in any

case cause to be slaughtered -

(a) any animals suspected of being affected with a disease;

(b) any animals being or having been in the same field,

stable or other place or in the same herd or flock, or

otherwise in contact with other animals affected with a

disease.

The Minister responsible for agriculture may make

regulations for prescribing -

(a) the nature and the amount of compensation payable, if

any, in respect of animals slaughtered under articles 75

and 76;

(b) the cases in which such compensation shall be

payable;

(c) the conditions under which such compensation shall be

payable;

(d) any matter incidental or supplementary to such

compensation, including in particular the delegation of

powers to officers of the department of agriculture in

relation to anything prescribed by such regulations.

(1) Where an animal has been slaughtered under this

Ordinance, the carcase of the animal shall belong to the

Government and shall be buried or sold or otherwise disposed of by

order of the Minister responsible for agriculture as the condition of

the carcase and other circumstances may require or admit.

(2) If, in any case, the sum received by the Government on the

sale of a carcase under this article exceeds the amount paid for

compensation to the owner of the animal slaughtered, the

Government shall pay that excess to the owner, after deducting

reasonable expenses.

TITLE III

F OREIGN A NIMALS

Foreign animals shall be landed only at a part of a port

defined for that purpose by the Minister responsible for agriculture,

to be called a foreign animals wharf.

The animals shall be landed in such manner, at such times

and subject to such supervision and control as the Director of

Agriculture shall direct.

Such animals shall, upon landing, be forthwith inspected

by a government veterinary surgeon or other person deputed by the

Director of Agriculture to perform the duties of government

veterinary surgeon.

Any animal found to be affected with disease or suspected

of being so affected, shall be dealt with as an infected foreign

animal as provided in this Ordinance.

The Minister responsible for agriculture may, if he deems it

expedient, order to be re-exported any such animals to be taken

back by the same ship on which they were brought to Malta, or by

any other ship, at the cost of the importer, or to be destroyed.

The Minister responsible for agriculture may, whenever he

deems it expedient so to do, for the purpose of preventing the

introduction of any disease into Malta or the spread of such disease

make regulations -

(a) for prohibiting or regulating the importation into Malta

and the landing therein, or the movement between the

islands of Malta and Gozo, of animals or any specified

kind thereof, or of carcases, fodder, litter, dung or

other thing;

(b) for ensuring that any animals imported or landed as

aforesaid shall, on their arrival, be detained in

quarantine for the period fixed by such regulations.

Where under the regulations referred to in the last

preceding article it is ordered that imported or transferred animals

shall be detained in quarantine, such animals shall be considered as

infected foreign animals and the following provisions shall apply in

respect thereof

(a) infected foreign animals shall be landed only at a part

of a port defined for that purpose, by regulations made

by the Minister responsible for agriculture, to be called

a quarantine station for infected foreign animals;

(b) the said animals shall be landed in such manner, at

such times, and subject to such supervision and control

as the Director of Agriculture may prescribe and

subject to such conditions, in respect of the animals, or

of the ship from which they are landed, as the Minister

responsible for agriculture may by order impose;

(c) when landed the animals shall be placed in sheds or

other places prepared by the Government for the

purpose in the quarantine station or in any other

station approved by the Minister responsible for

agriculture;

(d) the animals shall not be moved out of the quarantine

station except on conditions prescribed by regulations

made by the Minister responsible for agriculture;

(e) any quarantine station shall, for the purpose of this

Ordinance, be considered as an infected place.

Notwithstanding anything contained in this Part of the

Ordinance or in any regulations made thereunder, the Minister

responsible for agriculture may make such regulations as he thinks

fit for allowing the landing of any foreign animals intended for

exhibition or for other exceptional purposes, without being subject

to the conditions laid down for the importation of infected foreign

animals.

TITLE IV

D ISEASE AND M OVEMENTS OF A NIMALS GENERALLY

Subject to and in accordance with the provisions of this

Part of the Ordinance the Minister responsible for agriculture may

make, and when made vary or revoke regulations for the following

purposes, or any of them

(a) for prohibiting or regulating the movement of animals

and persons into, within or out of an infected place or

area;

(b) for prohibiting or regulating the movement of animals

into, within or out of any island of the Maltese

archipelago in which the Minister is satisfied that there

has occurred an outbreak of a disease;

(c) for prescribing and regulating the isolation or

separation of animals being in an infected place or

area;

(d) for declaring any area or place to be a disease-free area

or place and for prohibiting or regulating the

movement of animals into or out of any such area or

place;

(e) for prohibiting or regulating the removal of carcases,

fodder, litter, utensils, pens, dung, or other things into,

within or out of an infected place or area;

(f)

for prescribing and regulating the destruction, burial,

disposal, or treatment of carcases, fodder, litter,

utensils, pens, dung, or other things, being in an

infected place or area, or removed thereout;

(g) for prescribing and regulating the cleansing and

disinfection of infected places and areas, or parts

thereof;

(h) for prescribing and regulating the disinfection of the

clothes of persons coming in contact with or employed

about diseased or suspected animals, or being in an

infected place, and the use of precautions against the

spreading of disease by such persons;

(i)

for prohibiting or regulating the digging up of carcases

which have been buried;

(j)

for prohibiting or regulating the exposure of diseased

or suspected animals in markets or sale-yards, or other

public or private places, where animals are commonly

exposed for sale, and the placing thereof in lairs or

other places adjacent to or connected with markets, or

where animals are commonly placed before exposure

for sale;

(k) for prohibiting or regulating the sending or carrying of

diseased or suspected animals, or of dung or other

thing likely to spread disease;

(l)

for prohibiting or regulating the carrying, leading, or

driving of diseased or suspected animals, on streets or

thoroughfares, or elsewhere;

(m) for prescribing and regulating the seizure, detention

and disposal of a diseased or suspected animal

exposed, carried, kept, or otherwise dealt with in

contravention of the provisions of this Part of the

Ordinance or of any order of the Minister responsible

for agriculture made thereunder; and for prescribing

and regulating the liability of the owner or consignor

or consignee of such animal to the expenses connected

with the seizure, detention, and disposal thereof;

(n) for prescribing the mode of ascertainment of the value

of an animal slaughtered, or liable to be slaughtered,

under this Ordinance;

(o) for prohibiting or regulating the holding of markets

and exhibitions of animals, and the sale of animals and

their products;

(p) for prescribing and regulating the cleansing and

disinfection of places used for the holding of markets,

exhibitions, or sales of animals, or for lairage of

animals, and yards, sheds, stables and other places

used for animals;

(q) for ensuring for animals carried by sea a proper supply

of food and water and proper ventilation during the

passage and on landing;

(r) for protecting animals from unnecessary suffering

during the passage and on landing;

(s) for protecting animals from unnecessary suffering

during their transit within Malta;

(t)

for securing a proper supply of water and food to

animals during any detention thereof;

(u) for prescribing and regulating the marking of animals;

(v) for prescribing and regulating the muzzling of dogs,

and the keeping of dogs under control;

(w) for prescribing and regulating the seizure, detention,

and disposal (including slaughter) of stray dogs and of

dogs not muzzled, and of dogs not being kept under

control, and the penalty to be paid for the recovery of

dogs seized under such regulations;

(x) for prescribing and regulating the payment and

recovery of expenses in respect of animals;

(y) for controlling and regulating the rearing and keeping

of animals;

(z) for controlling and regulating the movement of

animals from one place to another;

(za) for controlling and regulating the collection and

transport of swill and the feeding of swill to animals;

(zb) generally, for the better execution of this Part of the

Ordinance, or for the purpose of in any manner

preventing the spreading of disease.

PART III

O FFENCES AND L EGAL P ROCEEDINGS

TITLE I

D ETENTION OF S HIPS

(1) Where the Director of Agriculture is satisfied that any

of the provisions of Part II of this Ordinance, or any regulation

made thereunder, has not been or is not being complied with on

board a ship in a port, then, on a report in writing to that effect

being made by him to the Minister responsible for agriculture,

stating particulars of non-compliance, the ship may be detained

until the Minister responsible for agriculture otherwise directs.

(2) The officer detaining the ship shall forthwith deliver to the

master or person in charge of such ship, a copy of the report.

Where, under this Ordinance, a ship is to be detained the

ship shall be detained by the Comptroller of Customs; and, if the

ship, after detention or after service on the master of any notice of

or order for detention, proceeds to sea before it is released by

competent authority, the master of the ship, and also the owner and

any person who sends the ship to sea, if that owner or person is

party or privy to the offence, shall be liable, on conviction for each

offence, to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euros and sixty-nine cents (1,164.69).

Where a ship so proceeding to sea takes to sea when on

board thereof in the execution of his duty any officer authorized to

detain the ship or any officer of customs, the owner and the master

of the ship shall each be liable, on conviction, to pay all expenses

of, and incidental to, the officer being so taken to sea, and also to a

fine not exceeding one hundred and sixteen euros and forty-seven

cents (116.47) for every day until the officer returns, or until such

time as would enable him, after leaving the ship, to return to Malta;

and the expenses ordered to be paid may be recovered as a civil

debt.

Where, under this Ordinance, a ship may be detained, the

Comptroller of Customs may refuse to grant a port clearance or a

transire to such a ship.

TITLE II

P UNISHMENTS FOR O FFENCES UNDER P ART I OF THIS

O RDINANCE

Sub-title 1

PUNISHMENTS FOR OFFENCES UNDER TITLES I AND II

(1) Any person offending against the provisions of article

12(3), of article 13, of article 14(2), of article 15(2), or of article

2 8, sh all , o n c onv ict io n, be lia ble t o a f in e (ammenda) n o t

exceeding one hundred and sixteen euros and forty-seven cents

(116.47).

(2) Any person offending against the provisions of articles 5

and 6 shall, if the offence relates to a case of plague, small-pox,

Asiatic cholera, yellow fever or diphtheria, be liable, on conviction,

to imprisonment for a term not exceeding three months, or, if the

offence relates to any other disease specified in article 41, to a fine

(ammenda) not exceeding one hundred and sixteen euros and forty-

seven cents (116.47).

Any medical practitioner who shall offend against the

provisions of article 7 shall, on conviction, be liable to a fine

(multa).

Any person guilty of an offence against the provisions of

article 17(2), article 19(3), article 22(2), article 23, article 24(1)(a),

article 27, article 30(2), article 35, article 36(1), article 39, or

article 40 shall, on conviction, be liable to a fine (ammenda).

Any person offending against the provisions of article

25(4), article 26, article 29, article 30(1), article 33, or article 36(2)

shall, on conviction, be liable to a fine (multa) not exceeding one

hundred and sixteen euros and forty-seven cents (116.47).

Any person offending against the provisions of article

24(1)(b), (c) or (d) shall, on conviction, be liable to a fine (multa)

or to imprisonment for a term not exceeding one month.

Any person offending against the provisions of article 45

shall, on conviction, be liable to a fine (multa) and, at the discretion

of the court, to interdiction from the practice of his profession for

such time as the court may fix.

Any person guilty of an offence against the provisions of

article 52 shall, in the case of a first and slight offence, be liable to

a fine (multa) from eleven euros and sixty-five cents (11.65) to

fifty-eight euros and twenty-three cents (58.23); in any other case,

to a fine (multa) not exceeding one thousand and one hundred and

sixty-four euros and sixty-nine cents (1,164.69).

In the case of an offence against the provisions of article

23, article 24(1)(a), article 33, article 35 or article 52, the offender

shall moreover be liable, for every day during which the offence

continues, to a further fine (ammenda) not exceeding -

(a) eleven euros and sixty-five cents (11.65) where the

offence is against article 23;

(b) twenty-three euros and twenty-nine cents (23.29) where

the offence is against article 24(1)(a) or article 35;

(c) fifty-eight euros and twenty-three cents (58.23) where

the offence is against article 33; or

(d) four hundred and sixty-five euros and eighty-seven

cents (465.87)where the offence is against article 52.

(1) Any person offending against any regulations made

under article 42 shall, on conviction, be liable to a fine (multa) not

exceeding one hundred and sixteen euros and forty-seven cents

43. (116.47).

(2) Any person offending against regulations made under

article 43 shall, on conviction, be liable to a fine (multa) of not less

than one hundred and sixteen euros and forty-seven cents (116.47).

Sub-title II

P UNISHMENT FOR O FFENCES AGAINST T ITLE III

Any person contravening the provisions of article 55 shall,

on conviction, be liable to a fine (multa) not exceeding one hundred

and sixteen euros and forty-seven cents (116.47).

Every parent or person having the custody of a child who

shall neglect to take such child or to cause such child to be taken

for immunisation or for a booster dose, and every person of age

wh o s ha l l n e g l e c t t o ca u s e hi m s e lf t o b e v a c c i n a t e d o r r e -

vaccinated as provided for in this Ordinance, shall be liable to a

fine (ammenda) not exceeding twenty-three euros and twenty-nine

cents (23.29).

Any person who shall commit any offence under article 65

shall be liable, on conviction, to a fine (ammenda).

In any other case not expressly provided for in the

preceding articles of this sub-title, any officer in charge of an

immunisation centre, medical practitioner or other person, as the

case may be, who shall offend against the provisions of Title III of

Part I of this Ordinance shall be liable, on conviction, to a fine

(ammenda) not exceeding twenty-three euros and twenty-nine cents

(23.29).

TITLE III

PUNISHMENTS FOR OFFENCES AGAINST PART II OF THIS

ORDINANCE

Saving the provision of article 109 if any person is guilty

of an offence against the provisions of Part II of this Ordinance he

shall for every such offence be liable -

(a) to a fine (ammenda) or to a fine (multa) not exceeding

one hundred and sixteen euros and forty-seven cents

(116.47); or

(b) if the offence is committed with respect to more than

four animals, to a fine (ammenda) not exceeding forty-

six euros and fifty-nine cents (46.59) for each animal; or

(c) where the offence is committed in relation to carcases,

fodder, litter, dung or other thing (exclusive of

animals) other than swill to a fine (multa) not

exceeding one hundred and sixteen euros and forty-

seven cents (116.47) in respect of every five hundred

and eight kilogrammes in weight thereof after five

hundred and eight kilogrammes, in addition to the first

fine (multa) not exceeding one hundred and sixteen

euros and forty-seven cents (116.47.

Saving the provision of article 109, if any person, without

lawful authority or excuse, proof whereof shall lie on him, does any

of the following things, he shall be guilty of an offence against Part

II of this Ordinance

(a) if he does anything in contravention of the provisions

of that Part, or of an order of the Minister responsible

for agriculture or regulation made thereunder; or

(b) if, where required by the provisions of that Part, or by

an order of the Minister responsible for agriculture or

regulation made thereunder, to keep an animal

separate, as far as practicable from other animals or to

give notice of disease with all practicable speed, he

fails to do so; or

(c) if he fails to give, produce, observe or do any notice,

license, rule or thing which according to the provisions

of that Part or to any order of the Minister responsible

for agriculture or regulation made thereunder, he is

required to give, produce, observe or do; or

(d) if he does anything which by that Part or by an order of

the Minister responsible for agriculture or regulation

made thereunder, is made or declared to be unlawful;

or

(e) if he does or omits to do anything, the doing or

omission whereof is declared in that Part or in any

order of the Minister responsible for agriculture or

regulation made thereunder, to be an offence by him

against that Part; or

(f)

if he refuses to any officer acting in execution of that

Part or of an order of the Minister responsible for

agriculture or regulation made thereunder, admission

to any land, building, ship, farm-house, vehicle or boat

which the officer is entitled to enter or examine, or

obstructs or impedes him in so entering or examining,

or otherwise in any respect obstructs or impedes any

Police or other officer in the execution of his duty, or

assists in any such obstructing or impeding; or

(g) if he throws or places or causes or suffers to be thrown

or placed, into or in the sea within five kilometres of

the shore, the carcase or any animal which has died of

disease or been slaughtered as diseased or suspected of

being diseased,

and on a further conviction within a period of twelve months for a

second or subsequent offence against the same paragraph of this

article he shall be liable, in the discretion of the court, to

imprisonment for any term not exceeding one month, in lieu of the

fine (multa) to which he is liable under article 105.

(1) Saving the provision of article 109, a person shall be

guilty of an offence against Part II of this Ordinance if he does any

of the following things

(a) if, with intent unlawfully to evade the provisions of

Part II of this Ordinance, or any order of the Minister

responsible for agriculture or regulation made

thereunder, he does anything for which a license is

requisite under that Part or under an order of the

Minister responsible for agriculture or regulation made

thereunder, without having first obtained such license;

or

(b) if, where a licence is requisite, having obtained such

licence he, with the like intent, does the thing licensed

after the licence has expired; or

(c) uses or offers or attempts to use as such a licence an

instrument not being a complete licence or an

instrument untruly purporting or appearing to be a

licence, unless he shows to the satisfaction of the court

that he did not know of that incompleteness or untruth

and that he could not by the use of reasonable

diligence have obtained knowledge thereof; or

(d) if he obtains or endeavours to obtain any licence,

certificate or other instrument required by that Part or

by an order of the Minister responsible for agriculture

or regulation made thereunder, by means of a false

pretence, unless he shows to the satisfaction of the

court that he did not know of that falsity and that he

could not by the use of reasonable diligence have

obtained knowledge thereof; or

(e) if with intent unlawfully to evade or defeat the

provisions of Part II of this Ordinance, or any order of

the Minister responsible for agriculture or regulation

made thereunder he grants or issues any instrument

being in form a licence, certificate or other instrument

made or issued under that Part or under an order of the

Minister responsible for agriculture or regulation made

thereunder, for permitting or regulating the movement

of a particular animal, or the doing of any other

particular thing but being issued in blank that is to say

not being before the issue thereof so filled up as to any

particular animal or thing; or

(f)

if he uses or offers or attempts to use, for any purpose

under Part II of this Ordinance or under any order of

the Minister responsible for agriculture or regulation

made thereunder, an instrument so issued in blank,

unless he shows to the satisfaction of the court that he

did not know of it having been so issued and that he

could not with reasonable diligence have obtained

knowledge thereof; or

(g) if, without lawful authority or excuse, proof whereof

shall lie on him, he digs up, or causes to be dug up, a

carcase buried under the direction of the Police or of

the Director of Agriculture; or

(h) if, where the Minister responsible for agriculture has

by order prohibited, absolutely or conditionally, the

use for the carrying of animals or for any purpose

connected therewith, of any ship, vehicle, pen or other

place he, without lawful authority or excuse, proof

whereof shall be on him, does anything so prohibited.

(2) And saving the provision of the said article 109, in every

case in this article specified on a further conviction within a period

of twelve months for a second or subsequent offence against the

same paragraph of this article he shall be liable, in the discretion of

the court, to imprisonment for any term not exceeding two months,

in lieu of the fine (multa) to which he is liable under article 105.

If any person lands or ships, or attempts to land or ship an

animal or thing in contravention of Part II of this Ordinance or of

any order of the Minister responsible for agriculture or regulation

made thereunder, the animal or thing in respect whereof the offence

is committed, shall be forfeited and the offender shall moreover be

liable to the penalties prescribed by this Ordinance.

(1) Notwithstanding any other provision of this

Ordinance, any person who is found guilty of an offence against

any provision of any regulation made under this Part of this

Ordinance -

(a) where such provision or provisions refer to the

importation, movement, or quarantine of dogs or cats,

or to the landing of swill from any ship, yacht,

pleasure craft, boat or other vessel or from any

aircraft, shall be liable to a fine (multa) of not less than

four hundred and sixty-five euros and eighty-seven

cents (465.87) but not exceeding two thousand and

three hundred and twenty-nine euros and thirty-seven

cents (2,329.37) or to imprisonment for a term of not

less than three months but not exceeding six months;

and

(b) in respect of any regulations made under article 87(y),

(z) or (za) -

(i)

where such provision or provisions refer to the

requirement of any licence or authorization,

shall be liable to a fine (multa) of not less than

one thousand and one hundred and sixty-four

euros and sixty-nine cents (1,164.69) but not

exceeding two thousand and three hundred and

twenty-nine euros and thirty-seven cents

(2,329.37); and

(ii) for the contravention of any other provision or

provisions of such regulations, shall be liable to

a fine (multa) of not less than one hundred and

sixteen euros and forty-seven cents (116.47) but

not exceeding two thousand and three hundred

and twenty-nine euros and thirty-seven cents

(2,329.37).

(2) The provisions of the Probation Act shall not be applicable

in relation to an offence referred to in article (1)(a).

Where the owner or person in charge of an animal is

charged with an offence against this Ordinance relative to disease

or to any illness of the animal, he shall be presumed to have known

of the existence of the disease or illness in such animal, unless and

until he shows to the satisfaction of the court that he had no

knowledge thereof and could not with reasonable diligence have

obtained that knowledge.

TITLE IV

P ROVISIONS COMMON TO THE FOREGOING TITLES OF

P ART III

Proceedings for an offence against this Ordinance shall be

instituted -

(a) in the Court of Magistrates (Malta), where the offence

is committed in the island of Malta;

(b) in the Court of Magistrates (Gozo), where the offence

is committed in Gozo or Comino.

In all proceedings instituted for offences against this

Ordinance, the Superintendent or any medical officer of health

deputed by him, and, in the case of offences against Part II of this

Or di n a n c e , t h e Di r e c t or o f A g r i c u l t ur e o r a n y g o v e r n m e n t

veterinary surgeon deputed by him, may lay the charge before the

court, produce evidence and plead the case instead of the Police.

The sworn statement of any of the officers mentioned in

the last preceding article to the effect that he has been deputed by

the Superintendent or as the case may be, by the Director of

Agriculture for the purpose therein stated, shall be conclusive

evidence of the fact, should the proof thereof be required by the

accused.

(1) Any of the officers mentioned in the last preceding

article may, in all cases, be called as a witness at the request of the

accused.

(2) If his evidence is required on behalf of the prosecution, he

shall be heard before assuming the duties of prosecuting officer,

unless the necessity of his evidence shall arise afterwards.

(1) Where the offender is insane or absent from Malta

and the Superintendent or any medical officer of health or, in the

case of an offence against Part II of this Ordinance, the Director of

Agriculture or a government veterinary surgeon certifies on oath

that it is urgently required that the nuisance caused by the offence

be abated or that the law be otherwise enforced, the court may

order the summons to be served, in the first case, on the lawful

representative or the person having the custody of the offender,

and, in the second case, or where, in the first case, the party insane

is not under the charge of any person, on the spouse or on a near

relation of the offender, or on the person, if any, entrusted with the

management of his property.

(2) In any such case, if the offence is proved, the court shall

apply the provisions of article 118 or article 119: provided that as

regards the award of punishment to the offender the court shall

adjourn the case until his return or until he is fit to stand trial.

Saving any other provision of this Ordinance with respect

to a second or subsequent conviction, where any person who has

been convicted of an offence under this Ordinance shall, within a

period of three months from the day on which the punishment has

been undergone or remitted, commit any other offence under this

Ordinance, the court may increase the punishment prescribed for

such other offence up to double the amount, or term thereof.

In the case of a third or subsequent conviction for a like

offence, committed by any shop-keeper, vendor or other person

exercising any art, trade or other calling in virtue of a licence

granted by any public authority, the court may, if the offence is in

connection with the exercise of such trade, art or calling, cancel the

licence or suspend the same for any period at its discretion.

In the case of any offence against this Ordinance, the

court, besides awarding punishment shall, where necessary, make

an order requiring the offender to abate the nuisance arising from

the offence, or, according to circumstances, to carry out the law

within a sufficient time to be fixed for the purpose by the court; and

if the offender fails to comply with such order within the time so

fixed, he shall be liable to a fine (ammenda) not exceeding twenty-

three euros and twenty-nine cents (23.29) for every day the

nuisance or non-compliance with the law continues after the

expiration of the said time

Provided that where a special penalty is prescribed in any

provision of this Ordinance in case of the continuance of an

offence, such special penalty shall be applied.

The court may also order that the nuisance be abated or the

law be carried out by the Police at the expense of the offender, who

in any such case, may be made to refund such expense under a

warrant issued by the same court.

The punishments of fine (ammenda or multa), detention

and imprisonment imposed by this Ordinance are the same as those

laid down in the Criminal Code, and the provisions of that Code

relating to such punishments shall be applicable to the same when

awarded under this Ordinance.

The punishments established in this Ordinance shall apply

provided the fact does not constitute an offence under the Criminal

Code or any other special law liable to a heavier punishment, in

which case such heavier punishment shall be applied.

Any offence against the provisions of this Ordinance shall,

for the purposes of the Criminal Code fall into the class of

contraventions, even where the punishment prescribed in this

Ordinance is heavier than those laid down in the said Code for

contraventions.

No appeal shall lie from any decision or order given or

made under the provisions of Part I of this Ordinance, except in the

cases referred to in articles 5, 6, 7 and 8, article 24(1)(b), (c) and

(d), articles 26, 30, 39 and 45, and in any other case expressly

provided for in that part

Provided that any order made under article 26 and any

decision under the provisions of article 45, may be enforced

pending any appeal therefrom.

Any damages due in respect of any offence under this

Ordinance shall be recoverable by the injured party as a civil debt.

Nothing in this Ordinance shall invalidate anything

lawfully done under any prior enactment hereby repealed.

All regulations made under any enactment hereby repealed

and which are not inconsistent with the provisions of this

Ordinance shall remain in force until other regulations are made in

substitution therefor under this Ordinance.