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ln_2013_243 MT

for Cats and Dogs, 2013

11 Articles / Provisions · Malta
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Table of Provisions (11)

Statutory Text (11 Articles)

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

L.N. 243 of 2013

ANIMAL WELFARE ACT

(CAP. 439)

Minimum Standards for Operating a Boarding Establishment

for Cats and Dogs, 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:-

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

The title of these regulations is the Minimum Title, scope and

Standards for Operating a Boarding Establishment for Cats and Dogs commencement.

Regulations, 2013.

(2) These regulations lay down the minimum standards for

boarding establishments in Malta.

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

2014.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

For the purpose of these regulations

Interpretation.

"the Act" means the Animal Welfare Act;

"animal" means pet cats and dogs unless otherwise stated;

"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;

"establishment" means any premises, including a private

dwelling, where accommodation for animals is provided on a

commercial basis;

"enclosure" means any confined space within which animals are

kept.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

No person may operate an animal boarding Licensing of

establishments.

establishment without a licence.

(2) Any person operating a boarding establishment for animals

or intending to operate a boarding establishment for animals shall

apply for a licence with the Director at least two months before the

activity takes place.

(3) Licence applications are to be submitted using the form in

Schedule A. This application has to be endorsed by the nominated

veterinary surgeon responsible for the boarding establishment who

has to place his signature and rubber stamp in section 4 of the

application at Schedule A.

(4) (a)

The Director shall conduct an inspection of the

establishment to determine whether or not 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 stipulate

corrective measures as necessary. The Director shall suspend or

prohibit the commencement or continuation of the use of the

establishment and thereby retrieve the licence.

(5) The licence, or a copy of the 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 of the establishment shall

be declared to the Director before these alterations take place. The

Director shall then 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

establishment shall be specified in the licence.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

The persons taking care of the animals must 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 persons 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

working in the establishment have sufficient knowledge and

experience of the species of animals in the establishment to ensure the

animals’ health and welfare.

Records of all animals boarded shall be kept. The Animal records.

information kept shall include the following

(a)

date of arrival;

(b)

name of animal, any identification system, such as

microchip number or tattoo;

(c)

pet licence number;

(d)

description, breed, age and gender of animal;

(e)

name, address, telephone number and identity card

number of the owner or keeper;

(f)

name, address, telephone number and ID number

of contact person while boarded;

(g)

name, address, telephone number and ID number

of animals’ veterinary surgeon;

(h)

expected and actual date of departure;

(i)

health, welfare and nutrition requirements;

(j)

permissions for animals sharing enclosures;

(k)

authorisation for veterinary treatment;

(l)

details

of

vaccination

and

veterinarian’s

endorsement;

(m)

written permission from owner for a visitor in

substitute of owner;

(n)

visitors’ book.

(2) Records shall be kept for a minimum period of three years

and made available to the Director during inspections or on demand.

Boarding establishments may only board animals, Boarding

which have received the necessary vaccinations laid down in conditions.

(2) No animals, other than those specified in the licence, are to

be boarded in the establishment.

(3) No other unauthorised animals shall be allowed in the

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

Animals shall at all times be kept in an

accommodation suitable to their species with respect to construction,

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 B for

cats and in Schedule C 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 shall 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 shall be used;

(b)

all internal surfaces used in the construction of

walls, floors, partitions, doors and doorframes shall be durable,

smooth and impervious. There shall be no projections or rough

edges which are likely to cause injury to the animal;

(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 such manner 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) Facilities for isolating ill or injured animals shall be made

available in the establishment.

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

provided in addition to any wash hand basin.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

The maximum number of animals to be boarded in Boarding

any establishment shall be determined by the accommodation density.

available and in accordance with the standards laid down in

(a)

Schedule B for housing cats; and

(b)

Schedule C for housing dogs.

(2) Each animal shall be provided with a separate enclosure.

Animals from the same household may share an enclosure of

adequate size with the written consent of the animals’ owner. In case

of animals sharing an enclosure separate beds for each animal shall be

provided.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(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

establishment.

(2) (a)

Animals boarded in the establishment shall have

received vaccinations laid down in these regulations at least ten days

before the first date of boarding but less than one year from date of

departure from the establishment, or in accordance with

manufacturers’ instruction.

(b)

Dogs shall be vaccinated against canine distemper,

infectious canine hepatitis, leptospirosis, canine parvovirus and other

relevant diseases on the advice of a veterinarian.

(c)

Cats shall be vaccinated against infectious feline

enteritis, feline respiratory diseases and other relevant diseases on the

advice of a veterinarian.

(3) Animals shall have received proper treatment against ticks

and fleas or where animals did not receive treatment they shall be

treated against ticks and fleas on the day of their arrival in the

establishment.

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

treatment without delay. The responsible person of the animals shall

contact a veterinary surgeon when any animal in the establishment

falls ill or is injured.

(5) Facilities for isolating ill or injured animals shall be made

available.

(6) A first aid kit for use on animals shall be kept and stocked

at all times. Advice from a veterinarian shall be sought about the

content of such kit.

(7) Equipment provided for human use must 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 discarded has to 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 from the

establishment at least twice a week. Such material shall be disposed

of in a manner compliant with relevant 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 must be maintained in a clean, parasite-free and

dry condition.

(12) Records of the substances used for the prevention of pests

including the dates of application shall be kept. Such applications

must be carried out in a manner that shall not harm or injure animals

kept within the establishment.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

Facilities for the preparation and storage of food

are to be provided, in a separate space 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.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

Animals shall be inspected at regular intervals by Inspection.

the staff and at least twice a day.

(2) A fit and proper person shall always be present to

supervise the animals and deal with emergencies whenever animals

are boarded at the establishment

Provided that if twenty-four hours supervision cannot be

guaranteed, alternative procedures shall be in place to the satisfaction

of the Director.

(3) Each enclosure shall be clearly marked and a system shall

be in place which ensures that the following relevant information

about the animal is available

(a)

name, breed and age of animal, microchip number;

(b)

owner’s name and contact person;

(c)

date of arrival / date of departure;

(d)

diet requirements;

(e)

preferred veterinarian;

(f)

if relevant, the health condition and medication

requirements;

(g)

if relevant, grooming requirements.

Malta Government Gazette — Legal Notice 2013 243 · Gazzetta tal-Gvern ta’ Malta Nru.19,120 – 06.08.2013 — for Cats and Dogs, 2013

(1)

There shall be suitable emergency precautions and Emergency

written procedures and they shall be made known to all the staff, precautions.

including 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 made available,

maintained and regularly serviced by a competent person and sited as

directed by specific regulations on this matter.

(4) Emergency numbers for civil protection agencies and

veterinarians are to be displayed at the entrance to the establishment

and in the reception area.

Schedule A

Regulation 3(3)

Application for Licence to keep a Boarding Establishment

for Cats and Dogs

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

An original copy of the lay-out of the boarding establishment 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. Boarding establishment details

Name of boarding establishment

Address

Phone Number

MEPA Ref No

2. Boarding establishment’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)

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

3. Veterinary surgeon responsible for the boarding establishment

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 and return of an application form shall be followed by a visit

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

licence being granted.

Schedule B

Regulations 7(2) and 8(1)(a)

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 m 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 cleaning frequency 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 manner 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 the

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 establishments.

(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 together with 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 C

Regulations 7(2) and 8(1)(b)

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 shall 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 shall 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 shall be constructed in

such a manner as 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 shall 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 condition the person responsible for the

establishment shall decide whether dogs are to be given free access to their

exercise area.

€1.26

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