Electronic Identification of Dogs Regulations, 2011

L.N. 199 of 2011

VETERINARY SERVICES ACT

(CAP. 437)

Electronic Identification of Dogs Regulations, 2011

IN exercise of the powers conferred by article 7 and 57 (1) of

the Veterinary Services Act, the Minister for Resources and Rural

Affairs, on the advice of the Council for Animal Welfare, has made

the following regulations:-

(1) The title of these regulations is the Electronic

Identification of Dogs Regulations, 2011.

(2) These regulations lay down the rules for the care

and control of dogs.

For the purpose of these regulations

“assistance dog” means a trained dog which has been

registered as such and certified by an approved association;

“the Director” means the Director responsible for the

Veterinary Services and includes, to the extent of the authority

given, any officer authorised by him, in writing, to act in that

behalf for any of the purposes of the Veterinary Services Act;

“dog” means an animal of canine species (Canis

familiaris);

“electronic identification’ means the implantation of

a chip or transponder in all dog breeds that complies with

ISO standard 11784 or Annex A ISO standard 11785 for the

purpose of monitoring and regulating such breeds;

“four months” means the period determined by the

emergence of the lower canine adult teeth;

“guide dog” means a trained dog which has been

registered as such and certified by an approved association;

“keeper” means any person having charge of, or who

habitually feeds or looks after a dog, including the owners of

dog sanctuaries and pet shops;

“the Minister” means the Minister responsible for animal

welfare;

“owner” means the person or legal entity in whose name

the dog is registered;

“stray dog” means any dog which either has no owner,

or keeper, or is outside the boundaries of its owner’s home

or keeper’s premises and is not under the control or direct

supervision of any owner or keeper.

For the purpose of the definition “keeper” in regulation Person caring for a

2 of these regulations, any person in whose custody or possession, dog

or in whose house or premises, any dog shall be found, shall be

deemed to be the keeper of the dog, unless the contrary is proved.

Any person in possession of a dog in terms of these

regulations has to electronically identify the dog by the 30th April,

2012.

(1) On payment of the prescribed fee, a lifetime licence

shall be issued by the Director when a dog has been registered and

a microchip inserted intrascapulae as a means of identification.

(2) No person shall keep a dog of the age of four

months or over without a licence.Licensing

(3) The prescribed fee shall cover the cost of the

microchip and its insertion and its inclusion in a database.

(4) The owner or keeper of a dog shall ensure that

the dog wears a tag or a badge bearing the owner’s or keeper’s

telephone number and it shall be worn at all times when the dog is

in a public place.

(5) The Director shall be responsible for the issuing of

licences, the keeping of a national database and the arrangements

for the microchipping of dogs, which microchipping shall be

carried out under the authority of a veterinarian.

(6) The Director shall publish a list of component costs

in the Gazette, and such fee shall be subject to change from time to

time as will be duly notified in the Gazette.

(7) Persons applying for a licence shall be 18 years old

or over and able to take charge of a dog.

(8) A blind or disabled person who keeps a guide

dog or an assistance dog shall be issued with a licence at no cost,

regardless of the age restriction laid down in sub-regulation (7)

hereof.

(9) Any person convicted of cruelty to animals shall be

forbidden from owning a dog or applying for a further dog licence

for such period as may be decided by the court.

(10) The Director shall be notified within seven days

from when any licensed dog dies or is transferred by its owner or

keeper.

(11) The Director shall be notified within forty eight

hours by an owner or keeper in the case of the loss of a licensed

dog.

(12) A separate licence shall be required in respect of

each dog.

(13) Imported dogs are to be licensed within 90

calendar days from the date of their entry into Malta.

(1) A Police officer or any officer authorised by

the Director may seize and detain any dog for the purpose of

identifying it.

(2) Owners and keepers shall not abandon their

dogs. No licensed dog shall be allowed in a public place unless

accompanied by its owner or keeper.

(1) Notwithstanding the provisions of any other law,

any Police officer or any officer authorised by the Director may

seize any stray dog and detain it until its owner or keeper claims it,

produces the licence relating to it and pays all expenses incurred by

reason of its detention.

(2) If the dog is not claimed or the licence relating

to such dog is not produced, or the expenses mentioned in sub-

regulation (1) hereof are not paid within seven days of seizure, the

dog shall be disposed of by the Police.

(3) The payment of expenses as provided in sub-

regulation (1) shall not exempt the owner or keeper of the dog from

any other liability incurred under these or any other regulations.

Notwithstanding the provisions of any other law, any

person other than a Police officer or any officer authorised by the

Director, who takes possession of a stray dog shall

(a) if the dog is injured and in physical distress, make

the necessary arrangements for it to receive veterinary care;

and

(b) if the dog is not injured -

(i) return the dog to its owner or keeper, if

known; or

(ii) deliver the dog to the nearest police station

and inform the Police officer in charge, of the place

where the dog was found and, thereupon, the provisions

of regulation 7 hereof shall apply to such dog; or

(iii) deliver the dog to a registered sanctuary,

where it shall be ascertained whether the dog has been

microchipped and, in any case, where the dog shall be

retained for at least seven days to allow its owner to

claim it back before sheltering or re-homing it; or

(iv) if wishing to retain the dog as a new owner,

take the dog to the nearest police station to report where

the dog was found and ascertain whether the dog has

been microchipped and it already has an owner, and, if

this is not the case, the provisions of regulation 7 shall

apply to such new owner.

The Department may communicate data contained in National

the National Microchipped Dogs Register to other government or Microchipped

international entities as may be required or to any other entity for

the purposes of identifying owners.

(1) Breeders intending to breed more than four litters

a year shall register with the Director by applying for a license

using the form in Schedule B to these regulations and they shall

thereafter pay the annual licensing fee laid down in Schedule A

hereto. Breeder licensing costs may be published by the Director

from time to time in the Gazette.

(2) Breeders shall keep accurate breeding records,

including the whelping date, name of sire, sexes of the puppies

born, number of puppies born and deaths, if any.

(3) No person shall

(a) mate a bitch which is less then 12 months old;

(b) whelp more than six litters from one bitch;

(c) whelp two litters within a period of 12 months from

the same bitch;

(d) sell a puppy before it is at least eight weeks old.

(1) Any person in possession of a dog who fails to

electronically identify such a dog with the Department in terms

of these regulations, or any person or entity submitting incorrect,

incomplete or false information in the registration form, shall be

liable to a fine (multa) of three hundred euro (€300);

(2) In the event that an electronically identified dog

fails to provide a reading intrascapulae of the said microchip, the

owner or any person in possession of the dog is liable to a fine

(multa) of five hundred euro (€500), unless it is proved by the

owner or person in possession of the dog, that the microchip is still

located within some other part of the dog.

(3) Any veterinarians authorised to carry out

microchipping of dogs under regulation 5 (5) of these regulations

shall be liable to a fine (multa) of five hundred euro (€500) if it is

proved that the veterinarian has intentionally provided incorrect

data regarding the registration of the dogs.

B

S CHEDULE A

R EGULATION 10 (1)

FEES

1. Prescribed Fee for a One Time Dog Licence and Microchip Fee

Neutered

Not Neutered

Dogs and

10!

20!

Bitches

2. Prescribed Fee for Breeders

The prescribed fee for breeders is ! 50 per year.

B

S CHEDULE B

R EGULATION 10 (1)

A PPLICATION FOR L ICENCE TO B REED D OGS

Application form should be completed in a legible and clear manner.

An original copy of the lay out of the ‘Kennels’ shall be attached.

The data in this application will be in the public domain.

The application and the required documents are to be sent to

The Director,

Agriculture and Fisheries Regulation Division,

Abattoir Square,

Albertown

Marsa, MRS 1123.

1. Kennels’ / Breeder’s Details

Name of Breeder / Kennels

Address

Phone Number

MEPA Ref No

2. Breeder/s’ Details – Licence Holder

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

B

3. Animals

Number of dogs which are intended to be used for breeding

Breed of Dogs

Number of Bitches

Number of Male Dogs

4. Emergency Facilities / Procedures

Fire Equipment Available

Description of Emergency

Procedures

B

I / we do hereby certify that to the best of my / our knowledge and belief, the above

particulars are true.

Dated this ……………………… day of ………………………..,2011….

(Signed) …………………………

The completion of an application form will be followed by a visit from the

Director or an authorised representative to inspect the premises prior to a licence

being granted.