Minimum Standards for Animal Sanctuaries Regulations, 2013

L.N. 241 of 2013

ANIMAL WELFARE ACT

(CAP. 439)

Minimum Standards for Animal Sanctuaries Regulations, 2013

IN exercise of the powers conferred by article 15 of the Animal

Welfare Act, the Minister for Sustainable Development, the

Environment and Climate Change, on the advice of the Council for

Animal Welfare, has made the following regulations:-

(1)

The title of these Regulations is Minimum

Standards for Animal Sanctuaries Regulations, 2013.

(2) These regulations lay down the minimum standards for

animal sanctuaries in Malta.

(3) These regulations shall come into force on the 2nd April,

2014.

For the purpose of these regulations

"the Act" means the Animal Welfare Act;

"animal" means unwanted cats and dogs unless otherwise

stated;

"animal sanctuary" means the premises of any non-profit

organisation licensed by the Director, including any private dwelling

where more than five stray animals are kept and which is only

licensed by the Director for that purpose;

"the Director" means the Director responsible for the Veterinary

Service 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 Act;

"keeper" means any person having the charge of, or who

habitually feeds or looks after cats and dogs; licence holders of

sanctuaries form part of this category;

"stray animal" means a pet cat or dog which either has no owner

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

household and is not under the control or direct supervision of any

owner or keeper;

"voluntary organisation" means a foundation, a trust, an

association of persons or a temporary organisation which is

independent and autonomous and which qualifies and is enrolled

under the Voluntary Organisations Act.

(1)

No person shall manage, organise, set-up or Licensing of

establishments.

operate a sanctuary without a licence.

(2) Any voluntary organisation or any person managing an

animal sanctuary or intending to manage an animal sanctuary shall

apply to the Director for a licence.

(3) An application for a licence, in the form set out in

Schedule I, shall be sent to the Director at least two months before the

intended opening of the sanctuary or, in the case of an existing

sanctuary, at least two months before the coming into force of these

regulations. This application has to be endorsed by the nominated

veterinary surgeon responsible for the sanctuary who has to place his

signature and rubber stamp in section 4 of the application set out in

Schedule I.

(4) (a)

The Director shall conduct an inspection of the

sanctuary to determine whether the conditions of these regulations are

being complied with.

(b)

If these conditions are met, the Director shall issue

a licence for the activity, but otherwise the Director shall also

stipulate corrective measures as necessary. The Director shall suspend

or prohibit the commencement or continuation of the use of the

sanctuary and thereby retrieve the licence relating to such activity.

(5) The licence or a copy of this licence shall be displayed in a

prominent position on the premises.

(6) Licences are renewed annually following an inspection by

the Director.

(7) Any alterations to the structure shall be declared to the

Director before these alterations take place. The Director shall

determine whether these alterations are acceptable or not. If accepted,

the establishment shall be provided with modifications to its existing

licence.

(8) The species of animals authorised to be kept in the

sanctuary shall be those specified in the licence.

(1)

Any person managing an animal sanctuary shall Licensing of

personnel.

have relevant qualifications acceptable to the Director

(2) Licences shall only be issued to persons of good conduct

and persons who have never been convicted of cruelty to animals

under the Act or any other crime involving public order where the

minimum term of imprisonment exceeds six months.

(3) The Director shall not accept any licence applications from

any person under the age of eighteen and no such licence may be

issued or given to such person.

(4) The licence holder is to ensure that all staff employed and

volunteers working in the sanctuary have sufficient knowledge and

experience of the species of animals in the sanctuary to ensure their

health and welfare.

(1)

A register is to be kept of all animals in the

sanctuary, with the following information

(a)

name of person recording the animal;

(b)

date of arrival;

(c)

source (to include whether captured, donated,

transferred or delivered with full details);

(d)

description of animal, including colour and sex;

(e)

health status on entry to include vaccination and

neutering details, if relevant;

(f)

vaccination and neutering details (if not recorded

on entry);

(g)

microchip number, if relevant;

(h)

name of arrival, if relevant;

(i)

pet licence number, if relevant.

(2) On adoption or transfer of an animal to another owner or

keeper, the following information shall be recorded

(a)

date of adoption or transfer;

(b)

name, address of new owner, including the identity

card number;

(c)

microchip number of the animal;

(d)

apparent health status and records of the animal.

(3) Animals leaving the establishment shall be permanently

identified and shall be accompanied by a document bearing the name

and address of the animal sanctuary and this document shall include

(a)

the microchip number of the animal;

(b)

health, and if relevant, vaccination records of the

animal;

(c)

name of animal, if relevant.

(4) Change of ownership on adoption or transfer of an animal

is to be declared to the Director by the sanctuary within seven days.

(5) Birth and mortality records shall be maintained at all

times.

(6) All records shall be kept for a minimum period of three

years and shall be made available to the Director on inspection or

when otherwise requested.

(1)

No other species other than those specified in the Admission

procedures.

licence may be kept.

(2) (a)

Animals are to be placed in isolation

accommodation for at least seven days to allow owners to reclaim

them or to undergo veterinary clinical examination and treatment, if

relevant.

(b)

On completion of the seven days’ isolation period

and if the animal is free from infectious or contagious diseases, the

animal may be moved into the main accommodation.

(3) Animals which are deemed fit to enter the main

accommodation are to be micro-chipped, recorded and registered with

the Director.

(4) Cats which are over three months old and dogs which are

over four months old are to be neutered within six weeks of

admission to the sanctuary and prior to adoption. If adopted prior to

neutering, the sanctuary must make arrangements with the new owner

to ensure that the animal is neutered before it is six months old.

(1)

Animals shall be kept at all times in Accommodation

accommodation suitable to their species with respect to construction, and equipment.

size, temperature, lighting, ventilation and cleanliness. All

accommodation shall be kept in good repair.

(2) The detailed obligatory specification of animal enclosures

for main and isolation accommodation are attached in Schedule II for

cats and in Schedule III for dogs.

(3) Enclosures shall be constructed in a way as to prevent the

escape of animals. Suitable equipment for the capture of escaped

animals shall be present in the establishment.

(4) Enclosures shall be designed so that animals cannot be

harmed, injured or poisoned. They must be constructed of non-porous

material or be appropriately treated, in particular

(a)

all exterior wood shall be smooth and treated

against wood rot and only non-toxic products are to be used;

(b)

all internal surfaces used in the construction of

walls, floors, partitions, doors and doorframes are to be durable,

smooth and impervious. There shall be no projections or rough

edges liable to cause injury to the animals;

(c)

fencing material shall be secure and safe.

(5) Animal enclosures shall allow for easy inspection. In the

case of housing cats in cages on top of each other, the top cages shall

be placed in a way that the floor of the top cage is easily visible.

(6) Enclosures must open on to secure areas to prevent the

escape of animals. In the case of housing cats, access to the secure

areas has to be through a double door lock.

(7) Accessories which are placed inside the animal enclosure

shall be suitable for the species.

(8) During daylight hours, light shall be provided to all

exercise and sleeping areas so that all parts are clearly visible. Where

practicable, this should be natural light.

(9) Ventilation shall be provided to all interior areas without

the formation of excessive, localised draughts in the sleeping area.

(10) Electrical circuits and electrical devices shall be kept in a

manner to prevent animals from being harmed or injured.

(11) There shall be available in the sanctuary facilities for

isolating ill or injured animals.

(12) A sink with a constant supply of hot water shall be

provided, in addition to any wash hand basin.

(1)

The maximum number of animals to be kept in the Housing

animal sanctuary shall be determined by the accommodation density.

available and in accordance with the standards laid down in

(a)

Schedule II for housing cats, and

(b)

Schedule III for housing dogs.

(2) On admission, animals shall be placed in single housing

units in the isolation area. Exceptions may be made for animals

captured and not showing aggressive behaviour to one another, and

animals brought in together coming from the same litter with or

without their mother, or having lived together in a group.

(3) Group kennelling shall be restricted to five adult dogs and

twelve adult cats respectively.

(1)

All reasonable precautions shall be taken to prevent Health.

the outbreak and spread of diseases. No animal which is suffering

from, or could reasonably be suspected of having come into contact

with any other animal suffering from, any infectious or contagious

disease or which is infested with parasites shall be brought into the

main accommodation.

(2) Animal enclosures shall be cleaned twice daily to maintain

good hygienic standards.

(3) The wearing of a collar by an animal shall be at the

discretion of the keeper. Strangulation through the wearing of a collar

shall be avoided.

(4) Any animal diagnosed with a zoonotic disease shall

receive treatment. When treatment is not feasible, it shall be put down

in accordance with the relevant provisions of the Act.

(5) Ill or injured animals shall receive appropriate care and

treatment without delay.

(6) A first aid kit for animals shall be kept and stocked at all

times. Advice from a veterinarian shall be sought for the contents of

this kit.

(7) Equipment provided for human use shall be stored and

cleaned separately from the animals’ equipment.

(8) Food and water vessels shall be provided and cleaned and

disinfected after each meal. Any food residue which has been

discarded shall be disposed of.

(9) Excreta and soiled bedding shall be collected and stored in

impervious containers with close-fitting lids away from direct

sunlight unless another means of approved disposal is present.

(10) Excreta and soiled bedding shall be removed form the

sanctuary at least on a weekly basis. Such material has to be disposed

of in a manner compliant with current laws.

(11) Suitable bedding shall be provided which allows the

animal to be comfortable and which is capable of being easily and

adequately cleaned and disinfected. Bedding material shall be

checked daily and shall be maintained in a clean, parasite-free and dry

condition.

(12) Animals shall have received proper treatment against

external and internal parasites on the day of entry into the isolation

accommodation.

(13) Animals shall be vaccinated at least seven days before

adoption. The vaccination shall cover such diseases as are stipulated

by the veterinarian.

(14) A veterinarian shall certify that the vaccinations stipulated

in sub-regulation (13) are given; this certification shall remain in the

animal sanctuary during the complete stay of the animal. The

identification number of the animal shall be recorded on this

certificate. On adoption, this certification shall be provided to the

adopter of the animal and include the microchip number of the

animal.

(15) Records of the substances used in the sanctuary for the

prevention of pests, including the dates of application shall be kept.

These applications shall be carried out in a manner that shall not harm

or injure animals kept within the sanctuary.

(1)

Facilities for the preparation and storage of food

shall be provided, in a separate area from the enclosures. Animal food

is to be stored in labelled closed containers of impervious material.

(2) All animals shall receive adequate amounts of food

appropriate to individual needs. Clean water shall be available at all

times and changed daily.

(3) Food shall not be kept for excessive periods in the

enclosure in order to prevent odour and vermin.

(1)

Animals shall be inspected at regular intervals by

the staff and at least twice a day.

(2) (a)

A fit and proper person shall always be present to

supervise the animals and deal with emergencies whenever animals

are present in the animal sanctuary.

(b)

If twenty-four hour supervision cannot be

guaranteed, alternative procedures shall be put in place to the

satisfaction of the Director.

(3) Each enclosure shall be clearly marked and information on

the occupying animals clearly displayed to include

(a)

name, breed and approximate age of animal;

(b)

date of arrival;

(c)

health condition and, if relevant, medication

requirements;

(d)

microchip number / ID were applicable.

(1)

Suitable emergency precautions and written Emergency

procedures shall exist and be made known to all the staff, including precautions.

arrangements for the evacuation of animals.

(2) Entrances and exits shall be left clear of obstructions at all

times.

(3) Suitable fire fighting equipment shall be available,

maintained and regularly serviced by a competent person, such

equipment shall be and sited as directed by specific regulations on

this matter.

(4) Emergency telephone numbers for civil protection

agencies and veterinarians are to be displayed at the entrance to the

sanctuary and in the reception area.

Schedule I

Regulation 3(3)

Application for Licence for Animal Sanctuaries

for Cats and Dogs

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

An original copy of the lay-out of the animal sanctuary 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,

Veterinary Regulation, Fisheries Conservation and Control Division,

Abattoir Square,

Albertown

Marsa, MRS 1123.

1. Animal sanctuary details

Name of animal sanctuary

Address

Phone Number

MEPA Ref No

2. Sanctuary’s Manager details - Licence holder

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

Staff

(i) Responsible person for day to day care of the animals

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

(ii) Other Staff

(to be completed for each member of staff both employed

and voluntary)

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

Employed

Voluntary

(tick as necessary)

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

Employed

Voluntary

(tick as necessary)

3. Veterinary surgeon responsible for the sanctuary

Surname

Name

Address

Phone / Mobile Number

Warrant Number

Signature, and Rubber stamp of

Warranted Veterinarian

5. Animals

Species and number of animals which are intended to be accommodated on

the premises

Species of Animals

Number of Animals

6. Emergency facilities / procedures

Fire equipment available

Description of emergency procedures ..........................................................

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

above particulars are true.

Dated this ................................... day of ........................,20..........

(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.

Schedule II

Regulations 7(2) and 8(1)

Cat Enclosure Specifications

Enclosure general

(1) Each enclosure in the main accommodation and isolation area shall

have a sleeping area and an adjoining exercise area, which is exclusive to that

enclosure.

(2) There shall be a gap of at least 0.65 metres or a full height sneeze

barrier between individual enclosures.

(3) Enclosures shall have a minimum internal height of 2m to allow access

by staff for cleaning.

(4) The enclosure shall contain a litter tray, which must be cleaned daily.

The number of trays and the frequency of cleaning should be determined by the

number of cats in that area.

(5) Enclosure floors shall allow for a fall of 0.5 to 1 in 80 to a shallow

drainage or a covered deep drainage channel. The floors are to be constructed in

such a way to be easily cleaned while providing sufficient grip for the cats to walk

and run without sustaining injury.

(6) Enclosures shall open on to secure corridors or other secure areas so

that cats are not able to escape from the premises.

(7) Where galvanized mesh is used for the construction of enclosures the

wire diameter shall not be less than 1.60 mm excluding any covering and mesh

size must not exceed 2.5 cm per side.

(8) All areas to which cats have free access shall be solid roofed.

(9) Enclosures are to be provided with scratching poles.

(10) All entrance doors shall be lockable.

Sleeping area

(11) The sleeping area is to be at least 0.85 sq m per cat plus 0.2 sq m per

additional cat.

(12) The height of the sleeping area shall be at least 0.91m in existing and

1.22m in newly built sanctuaries.

(13) The sleeping area shall contain a cat flap to permit easy access to the

exercise area and to prevent heat loss in cold weather. In catteries with stacked

sleeping areas a ramp has to be provided to allow easy access to the exercise area.

(14) The temperature of sleeping areas shall not fall below 10°C or exceed

30°C. A device to read the temperature at any time shall be provided in each

enclosure. When temperatures are likely to drop below or rise above the indicated

levels, some means of heating and/or cooling respectively is to be provided.

Exercise area

(15) The exercise area has to have a floor area of at least 1.7 sq m for a single

cat; plus 0.5 sq m per additional cat.

(16) Exercise areas shall not be used as sleeping areas.

(17) Communal exercise areas other than exercise areas in group housing are

not permitted. Where they do exist, they are to be phased out as an immediate

priority by the entry into force of these regulations.

Schedule III

Regulations 7(2) and 8(1)

Dog Enclosure Specifications

Enclosure general

(1) Each enclosure in the main accommodation and isolation area shall be

provided with a sleeping area of at least 1.9 sq m and an exercise area of at least

(a)

2.46 sq m for dogs up to 61 cm high at shoulder, or

(b)

3.34 sq m for larger dogs.

(2) When dogs are sharing the enclosure, the minimum surface area should

be calculated as follows

Withers height dog

Minimum floor

Minimum length

Minimum

surface

of shortest side

height of

enclosure

(1+N) x 1,0 m 2

< 30 cm

1.0 m

2 m

(1+N) x 1,2 m 2

30 - 50 cm

1.2 m

2 m

(1+N) x 1,5 m 2

> 50 cm

1.2 m

2 m

(3) Enclosures must have a minimum height of 2m to facilitate adequate

access by kennel staff for cleaning. Enclosures must open onto secure corridors or

other secure areas so that dogs are not able to escape from the premises.

(4) Partition walls between enclosures must be of solid construction to a

minimum height of 1.2 m.

(5) Enclosure floors shall allow for a fall of 0.5 to 1 in 80 to a shallow

drainage or a covered deep drainage channel. The floors are to be constructed in

such a way to be easily cleaned, while providing sufficient grip for the dogs to

walk and run without sustaining injury.

Sleeping area

(6) The temperature of sleeping areas shall not fall below 10°C or exceed

30°C. A device to read the temperature at any time shall be provided in each

enclosure. When temperatures are likely to drop below or rise above the indicated

levels, some means of heating and/or cooling respectively is to be provided.

Exercise area

(7) The exercise area is to be separate from the sleeping area and exclusive

to that kennel for free use by the dog/s at all times except at night. It shall not be

used as a sleeping area.

(8) The exercise area should be solid roofed to a minimum of half the area,

sufficient to give the dog protection against the weather.

(9) In adverse weather conditions the person responsible shall decide

whether dogs are to be given free access to their exercise area.

€1.35