Minimum Standards for the Protection of Pigs Regulations, 2015

L.N. 388 of 2015

ANIMAL WELFARE ACT

(CAP. 439)

Minimum Standards for the Protection of Pigs Regulations, 2015

IN exercise of the powers conferred by article 7 of the Animal

Welfare Act, the Minister for Sustainable Development, the

Environment and Climate Change has made the following

regulations:-

(1) The title of these regulations is the The title of these

regulations is the Minimum Standards for the Protection of Pigs

Regulations, 2015.

(2) The scope of these regulations is to transpose Council

Directive 2008/120/EC that lays down the minimum standards for the

protection of pigs confined for rearing and fattening.

(1) For the purposes of these regulations and unless the

context otherwise requires, the following definitions shall apply

"Act" means the Animal Welfare Act;

"Department" means the Department for Veterinary

Services;

"Director" means the Director for Veterinary Services as

defined in the Veterinary Services Act 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

Animal Welfare Act;

"boar" means a male pig after puberty, intended for

breeding;

"competent authority" means a competent authority within

the meaning of Article 2(6) of Council Directive 90/425/EEC of

26 June 1990 concerning veterinary and zootechnical checks

applicable in intra-Community trade in certain live animals and

products with a view to the completion of the internal market;

"dry pregnant sow" means a sow between weaning her

piglets and the perinatal period;

"farrowing sow" means a female pig between the perinatal

period and the weaning of the piglets;

"gilt" means a female pig after puberty and before

farrowing;

"pig" means an animal of the porcine species, of any age,

kept for breeding or fattening;

"piglet" means a pig from birth to weaning;

"rearing pig" means a pig from 10 weeks to slaughter or

service;

"sow" means a female pig after the first farrowing;

"weaner" means a pig from weaning to the age of ten

weeks.

(2) Unless the context otherwise requires, words and phrases

used in these regulations which are not defined herein shall have the

same meaning assigned to them in article 2 of the Act.

(1)

All holdings shall comply with the following Minimum

requirements for

requirements

holdings.

(a)

the unobstructed floor area available to each weaner

or rearing pig kept in a group, excluding gilts after service and

sows, must be at least

Live weight (kg)

Unobstructed floor

Area (m 2 )

Not more than 10

0,15

More than 10 but not more than 20

0,20

More than 20 but not more than 30

0,30

More than 30 but not more than 50

0,40

More than 50 but not more than 85

0,55

More than 85 but not more than 110

0,65

More than 110

1,00;

(b) the total unobstructed floor area available to each

gilt after service and to each sow when gilts and/or sows are

kept in groups must be at least 1,64 m 2 and 2,25 m 2

respectively. When these animals are kept in groups of fewer

than six individuals the unobstructed floor area must be

increased by 10%. When these animals are kept in groups of 40

or more individuals the unobstructed floor area may be

decreased by 10%.

(2) Flooring surfaces shall comply with the following

requirements

(a)

for gilts after service and pregnant sows: a part of

the area required in sub-regulations (1)(b), equal to at least 0,95

m 2 per gilt and at least 1,3 m 2 per sow, must be of continuous

solid floor of which a maximum of 15% is reserved for drainage

openings;

(b)

when concrete slatted floors are used for pigs kept in

groups

(i)

the maximum width of the openings must be

-

11 mm for piglets,

-

14 mm for weaners,

-

18 mm for rearing pigs,

-

20 mm for gilts after service and sows;

(ii)

the minimum slat width must be

-

50 mm for piglets and weaners, and

-

80 mm for rearing pigs, gilts after

service and sows.

(3) The construction of or conversion to installations in which

sows and gilts are tethered is prohibited.

(4) Sows and gilts shall be kept in groups during a period

starting from four weeks after the service to one week before the

expected time of farrowing. The pen where the group is kept must

have sides greater than 2,8 m in length. When fewer than six

individuals are kept in a group the pen where the group is kept must

have sides greater than 2,4 m in length

Provided that, sows and gilts raised on holdings with fewer

than 10 sows may be kept individually during the period mentioned in

this sub-regulation, provided that they can turn around easily in their

boxes.

(5) Without prejudice to the requirements laid down in the

Schedule, sows and gilts shall have permanent access to manipulable

material at least complying with the relevant requirements of that

Schedule.

(6) Sows and gilts kept in groups shall be fed using a system

which ensures that each individual can obtain sufficient food even

when competitors for the food are present.

(7) All dry pregnant sows and gilts, in order to satisfy their

hunger and given the need to chew, shall be given a sufficient

quantity of bulky or high-fibre food as well as high-energy food.

(8) Pigs that have to be kept in groups, that are particularly

aggressive, that have been attacked by other pigs or that are sick or

injured may temporarily be kept in individual pens. In this case the

individual pen used shall allow the animal to turn around easily if this

is not in contradiction with specific veterinary advice.

(9) The provisions laid down in sub-regulation (4) shall not

apply to holdings with fewer than ten sows.

The conditions for rearing pigs comply with the general Conditions for

rearing pigs.

provisions laid down in the Schedule

(1) Any person who employs or engages persons to Persons

attend to pigs shall ensure that the person attending to the animals has attending

and

received instructions and guidance on the relevant provisions of appropriateness

of training

regulation 3 and the Schedule.

courses.

(2) The Director shall approve and monitor the

appropriateness of the training courses available on the protection of

pigs in particular to ensure the welfare aspect is adequately catered

for.

(3) The Director may from time to time issue guidelines

related to the content, format and certification of training courses

delivered to persons attending pigs. Any course provider shall be

obliged to follow the guidelines issued by the Director.

(1) The Department shall carry out inspections in order Inspections.

to check that the provisions of these regulations are being complied

with.

(2) The Department may carry out inspections on the occasion

of checks made for other purposes and shall each year cover a

statistically representative sample of the different rearing systems

used in Malta.

In order to be imported into the Community, animals Importation of

coming from a third country must be accompanied by a certificate animals.

issued by the competent authority of that country, certifying that they

have received treatment at least equivalent to that granted to animals

of Community origin as provided for by these regulations.

The Director may, in compliance with the general rules of

the Treaty, maintain or apply stricter provisions for the protection of

pigs than those laid down in these regulations.

(1) Any person who acts in contravention of these

regulations shall be guilty of an offence and shall, on conviction, be

liable to the penalties contemplated in the Act.

(2) Where the Director has reasonable cause to believe that an

offence against these regulations has been committed and that it

would be appropriate to impose an administrative penalty under

article 47 of the Act, the Director shall proceed in accordance with the

provisions of the said article 47 of the Act. Administrative penalties

shall be dealt in line with the requirements of article 47 of the Act.

(3) The liability of an offender under sub-regulation (1) shall

be without prejudice to the powers of the Director for Veterinary

Services, or any other officer to suspend or revoke any licence, permit

or authorisation issued under the Act or any regulations made

thereunder.

The Pigs (Protection) Regulations, 2003 are hereby

revoked, without prejudice to anything done or omitted to be done

thereunder.

2003.

2003. SCHEDULE

CHAPTER I

GENERAL CONDITIONS

In addition to the relevant provisions of the Annex to Directive

98/58/EC, the following requirements apply

1. In the part of the building where pigs are kept continuous

noise levels as loud as 85 dBA shall be avoided. Constant or sudden

noise shall be avoided.

2. Pigs must be kept in light with an intensity of at least 40

lux for a minimum period of eight hours per day.

3. The accommodation for pigs must be constructed in such a

way as to allow the animals to

-

have access to a lying area physically and thermally

comfortable as well as adequately drained and clean which

allows all the animals to lie at the same time,

-

rest and get up normally,

-

see other pigs; however, in the week before the

expected farrowing time and during farrowing, sows and gilts

can be kept out of the sight of conspecifics.

4. Notwithstanding the provisions of regulation 3(5), pigs

must have permanent access to a sufficient quantity of material to

enable proper investigation and manipulation activities, such as straw,

hay, wood, sawdust, mushroom compost, peat or a mixture of such,

which does not compromise the health of the animals.

5. Floors must be smooth but not slippery so as to prevent

injury to the pigs and so designed, constructed and maintained as not

to cause injury or suffering to pigs. They must be suitable for the size

and weight of the pigs and, if no litter is provided, form a rigid, even

and stable surface.

6. All pigs must be fed at least once a day. Where pigs are fed

in groups and not ad libitum or by an automatic system feeding the

animals individually, each pig must have access to the food at the

same time as the others in the group.

7. All pigs over two weeks of age must have permanent

access to a sufficient quantity of fresh water.

8. All procedures intended as an intervention carried out for

other than therapeutic or diagnostic purposes or for the identification

of the pigs in accordance with relevant legislation and resulting in

damage to or the loss of a sensitive part of the body or the alteration

of bone structure shall be prohibited with the following exceptions

-

a uniform reduction of corner teeth of piglets by

grinding or clipping not later than the seventh day of life of the

piglets leaving an intact smooth surface; boars’ tusks may be

reduced in length where necessary to prevent injuries to other

animals or for safety reasons,

-

docking of a part of the tail,

-

castration of male pigs by other means than tearing

of tissues,

-

nose-ringing only when the animals are kept in

outdoor husbandry systems and in compliance with national

legislation.

Neither tail-docking nor reduction of corner teeth must be

carried out routinely but only where there is evidence that injuries to

sows’ teats or to other pigs’ ears or tails have occurred. Before

carrying out these procedures, other measures shall be taken to

prevent tail-biting and other vices, taking into account environment

and stocking densities. For this reason inadequate environmental

conditions or management systems must be changed.

Any of the procedures described above shall only be carried out

by a veterinarian or a person trained as provided in regulation 5 and

experienced in performing the applied techniques with appropriate

means and under hygienic conditions. If castration or docking of tails

is practised after the seventh day of life, it shall only be performed

under anaesthetic and additional prolonged analgesia by a

veterinarian.

CHAPTER II

SPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGS

A.

Boars

Boar pens must be sited and constructed so as to allow the boar

to turn round and to hear, smell and see other pigs.

The unobstructed floor area available to an adult boar must be at

least 6 m 2 .

Where pens are also used for natural service the floor area

available to an adult boar must be at least of 10 m 2 and the pen must

be free of any obstacles.

B.

Sows and gilts

1. Measures shall be taken to minimise aggression in groups.

2. Pregnant sows and gilts must, if necessary, be treated

against external and internal parasites. If they are placed in farrowing

crates, pregnant sows and gilts must be thoroughly cleaned.

3. In the week before the expected farrowing time sows and

gilts must be given suitable nesting material in sufficient quantity

unless it is not technically feasible for the slurry system used in the

establishment.

4. An unobstructed area behind the sow or gilt must be

available for the ease of natural or assisted farrowing.

5. Farrowing pens where sows are kept loose must have some

means of protecting the piglets, such as farrowing rails.

C.

Piglets

1. A part of the total floor, sufficient to allow the animals to

rest together at the same time, must be solid or covered with a mat, or

be littered with straw or any other suitable material.

2. Where a farrowing crate is used, the piglets must have

sufficient space to be able to be suckled without difficulty.

3. No piglets shall be weaned from the sow at less than

twenty-eight days of age unless the welfare or health of the dam or

the piglet would otherwise be adversely affected.

However, piglets may be weaned up to seven days earlier if they

are moved into specialised housings which are emptied and

thoroughly cleaned and disinfected before the introduction of a new

group and which are separated from housings where sows are kept, in

order to minimise the transmission of diseases to the piglets.

D.

Weaners and rearing pigs

1. When pigs are kept in groups, measures must be taken to

prevent fighting which goes beyond normal behaviour.

2. They should be kept in groups with as little mixing as

possible. If pigs unfamiliar with one another have to be mixed, this

should be done at as young an age as possible, preferably before or up

to one week after weaning.

When pigs are mixed they shall be provided with adequate

opportunities to escape and hide from other pigs.

3. When signs of severe fighting appear the causes shall be

immediately investigated and appropriate measures taken, such as

providing plentiful straw to the animals, if possible, or other materials

for investigation. Animals at risk or particularly aggressive animals

shall be kept separate from the group.

4. The use of tranquillising medicaments in order to facilitate

mixing shall be limited to exceptional conditions and only after

consultation with a veterinarian.

B

B

B

€0.90