Surgical Operations on Animals Regulations, 2015

L.N. 194 of 2015

ANIMAL WELFARE ACT

(CAP. 439)

VETERINARY SERVICES ACT

(CAP. 437)

Surgical Operations on Animals Regulations, 2015

IN exercise of the powers conferred by article 9(2) of the

Animal Welfare Act and article 44 of the Veterinary Services Act, the

Minister for Sustainable Development, the Environment and Climate

Change has made the following regulations:-

The title of these regulations is the Surgical Operations on Citation.

Animals Regulations, 2015.

(1) Unless stated otherwise in these regulations, the Interpretation.

definitions contained under the Animal Welfare Act and in the Cap. 439.

Veterinary Services Act shall apply.

(2) The following additional definitions shall also apply

"curative purposes" refers to veterinary surgery or surgical

operations intended to be of benefit to the animal and includes

interventions which

(a)

are necessary to heal an animal from an ailment or

disorder; or

(b) are deemed necessary as preventive measures by the

veterinary surgeon in charge of the animal’s health and well

being;

"Director" means the Director as defined in the Veterinary Cap. 437.

Services Act;

"identification document" means an official passport in terms of

Council Regulation 576 and 577 of 2014 for dogs, cats, and ferrets, in

line with Council Regulation 504 of 2004 for equids and in terms of

Council Regulation 21 of 2004 for ruminants and pigs, and a

document released by a warranted veterinary surgeon for other

species unless there are other rules regulating the registration of the

type of animal concerned;

"surgical operations" means any medical procedure involving

incisions with instruments and, or manipulation of an animal’s body;

"veterinary surgery" shall refer to the process of carrying out

surgical operations.

(1) The scope of these regulations is to regulate surgical

operations that may be carried out on animals as part of veterinary

surgery.

(2) These regulations shall apply to all surgical operations

carried out as part of veterinary surgery in Malta.

(1) Veterinary surgery shall only be performed by a

veterinary surgeon who is warranted and registered in the Veterinary

Surgeons Register in terms of article 43 of the Veterinary Services

Act.

(2) All surgical operations, except those mentioned in sub-

regulation (3) are to be carried out in establishments approved under

the Private Veterinary Establishments (Licensing) Regulations

Provided that the provisions of this sub-regulation shall not

apply to surgical operations involving food production animals,

equids and zoo animals.

(3) Without prejudice to the generality of sub-regulation (1),

the following persons may perform interventions in a limited manner

as herein described

(a)

licensed pig farmers and breeders may

(i)

castrate male piglets without the tearing of

tissue;

(ii)

dock tails of piglets; and

(iii) reduce the corner teeth of piglets by grinding

or clipping

Provided that the interventions mentioned in this

paragraph (a) may only be carried out within seven (7) days

from the birth of the piglet and exclusively on the farmer’s or

breeders own stock;

(b) licensed chicken farmers and breeders may debeak

their pullets with the aid of certified equipment within ten (10)

days from the birth of the chicks and exclusively on their own

stock intended for laying;

(c)

licensed or registered ruminant farmers and breeders

may

(i) destroy or remove the horns of animals under

four (4) weeks of age by chemical or heat cauterization

with instruments that produce sufficient heat for at least

ten (10) seconds;

(ii) nose-ring bulls and cows with the appropriate

instruments; and

(d) any person authorised by the Director may puncture

or notch animals’ ears in an appropriate manner intended for

identification.

(1) Without prejudice to the provisions of regulation 4, Surgical

it shall not be permissible to carry out any of the following surgical operations.

operations

(a) surgical operations for the purpose of modifying the

appearance or performance of an animal through the removal or

alteration of a part or more parts of the animal’s body;

(b)

tail docking;

(c)

devocalization;

(d)

declawing;

(e)

defanging; and

(f)

ear cropping.

(2) The general prohibition contained in sub-regulation (1) is

subject to derogations where the mentioned interventions are required

for curative purposes and, or in the interest of the well-being of the

animal.

(3) All interventions shall be performed by a warranted and

registered veterinary surgeon.

(1) Animals subjected to any intervention outlined in Microchipping

regulation 5(1), except for neutering of both males and females of all and

in the

species, shall, prior to or on the date of the intervention

Identification

Passport.

(a)

be microchipped; and

(b)

be in possession of an Identification document.

(2) Interventions carried out under regulation 5(1) shall be

B

registered in the animal’s Identification document by the veterinary

surgeon conducting such intervention.

Surgical operations shall only be carried out in line with

Method of

performing

good veterinary practice.

surgical

operations.

Any person who contravenes or acts in violation of these

Offences and

penalties.

regulations shall, on conviction, be liable to the penalties outlined in

articles 45 and 47 of the Animal Welfare Act.

€0.36