the Animal Welfare Act Regulations, 2021

L.N. 342 of 2021

ANIMAL WELFARE ACT

(CAP. 439)

Administrative Penalties relating to Offences committed against

the Animal Welfare Act Regulations, 2021

IN EXERCISE of the powers conferred by article 47A of the

Animal Welfare Act, the Minister for Agriculture, Fisheries, Food and

Animal Rights, has made the following regulations:-

(1) The title of these regulations is the Administrative Citation and

Penalties relating to Offences committed against the Animal Welfare scope.

Act Regulations, 2021.

(2) The main scope of these regulations is to promote and

protect the welfare, safety and health of animals, to ensure proper and

humane management of animals, and to ensure that animals are

properly treated by their owner and, or carer.

(3) These regulations lay down the administrative penalties that

shall be applied in relation to offences under the Animal Welfare Act Cap. 439.

and any regulations made thereunder.

Administrative Penalties by Category

Administrative penalties to be imposed on individuals who admit an

offence in terms of article 47 of the Animal Welfare Act

Article or

Offence: Act or

Administrative Court penalties when

Regulation

Omission

Penalties

found guilty

Minimum -

Maximum

ꞏ Failing to provide the animal with

article 8(4)

ꞏ Adequate food and water leading to

€2,000 - €3,000 On first conviction – fine

malnourishment and, or dehydration;

of not less than €2,000

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment

article 8(4)

ꞏ Adequate shelter leading to suffering and,

€2,000 - €3,000

or distress;

article 8(4)

ꞏ Opportunity to display behavior that is

€2,000 - €4,000

normal for the animal;

article 8(4)

ꞏ Adequate treatment for illness, disease, and

€2,000 - €5,000

injury.

article 8(2)

ꞏ When an individual abandons an animal.

€2,000 - €6,000

S.L. 439. 01.

ꞏ Where any of the above acts or omissions

€2,000 - €5,000 A person who infringes

constitute an offence under the Calves

any of the provisions

S.L. 439. 07.

(Protection) Regulations, the Laying Hens

arising from these

(Protection) Regulations or the Farm

regulations, shall, on

S.L. 439. 09.

Animals (Protection) Regulations.

conviction be liable to a

fine (multa) of not less

than €4,658.75 and not

exceeding €13,976.24

ꞏ Causing cruelty to animals through

On first conviction – fine

€3,000 - €6,000 of not less than €2,000

article 8(2)

ꞏ Beating that causes pain

€3,000 - €6,000 and not more than

articles 8(2)

ꞏ Causing physical and mental distress

€65,000 or to a term of

and (4)

(including through methods of terror and

imprisonment of three

torment)

(3) years or to both such

articles 8(2)

ꞏ Injuring and, or wounding that is

€3,000 - €6,000

fine and imprisonment.

and (4)

unjustifiable, unnecessary or unreasonable

in the circumstances

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

article 9

ꞏ Surgical operations for the purposes of

€3,000 - €6,000

both such fine and

Cruelty

modifying the appearance of an animal

imprisonment

other than for a curative purpose

article 13(1)

ꞏ Any of the above acts of cruelty that causes

€6,000 -

the death of the animal

€12,000

articles 8(4)

ꞏ Causing or intending to cause the death of

€6,000 -

and 13(1)

or serious injury to the animal

€10,000

S.L. 439. 01.

ꞏ Where any of the above acts or omissions

€2,000 - €5,000 A person who infringes

constitute an offence under the Calves

any of the provisions

S.L. 439. 07.

(Protection) Regulations, the Laying Hens

arising from the

(Protection) Regulations or the Farm

regulation, shall, on

S.L. 439. 09.

Animals (Protection) Regulations.

conviction be liable to a

fine (multa) of not less

than €4,658.75 and not

exceeding €13,976.24

Confineme

ꞏ Confinement of the animal without

€2,000 - €4,000 On first conviction – fine

nt of pet

article 8(4)

adequate exercise

of not less than €2,000

animals

and not more than

€2,000 - €6,000 €65,000 or to a term of

article 8(4)

ꞏ Confinement of the animal that causes

imprisonment of three

injury, unnecessary pain or distress to the

(3) years or to both such

animal.

fine and imprisonment.

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment

S.L. 439. 01.

ꞏ Where any of the above acts or omissions

€2,000 - €5,000 A person who infringes

constitute an offence under the Calves

any of the provisions

S.L. 439. 07.

(Protection) Regulations, the Laying Hens

arising from the

(Protection) Regulations or the Farm

regulation, shall, on

S.L. 439. 09.

Animals (Protection) Regulations.

conviction be liable to a

fine (multa) of not less

than €4,658.75 and not

exceeding €13,976.24

ꞏ Tied up permanently

€2,000 - €3,500 On first conviction – fine

ꞏ Permanent tethering of dogs

of not less than €2,000

€2,000 - €3,500

articles

and not more than

7(1)(c) and

€65,000 or to a term of

8(4)

imprisonment of three

(3) years or to both such

S.L. 439. 21.

fine and imprisonment.

Tethering

regulation

of domestic

3(1)

On second or subsequent

animals

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ Administering poison that causes

€2,000 - €3,500 On first conviction – fine

articles 8(2)

unnecessary pain, suffering or distress to a

of not less than €2,000

and (4)

domestic or stray animal

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

Poisoning

articles 8(2),

ꞏ Administering poison that causes the death

€2,000 - €6,500 On second or subsequent

(4), 13(1) and

of, or injury to, a domestic or stray animal

conviction – fine of not

(5)

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ The injuring of an animal which is not

€2,000 - €6,500 On first conviction – fine

articles 8(2)

followed by reasonable steps to alleviate

of not less than €2,000

and (4)

any pain suffered by the animal.

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

Alleviation

On second or subsequent

of Pain

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ Transportation and containment of an

€2,000 - €3,500 On first conviction – fine

articles 8(2)

animal in circumstances under which the

of not less than €2,000

and (4)

animal is subjected to unnecessary injury,

and not more than

pain and, or suffering.

€65,000 or to a term of

ꞏ Non-compliance with requirements for the

imprisonment of three

transport of animals

(3) years or to both such

article 23(1)

fine and imprisonment.

€2,000 - €6,000

On second or subsequent

Non-

conviction – fine of not

compliance

less than €6,000 and not

with legal

more than €80,000 or to

requirements

a term of imprisonment

for the

of three (3) years or to

transport of

both such fine and

animals

imprisonment.

S.L. 439. 05.

ꞏ Where any of the above acts or omissions

€3,000 -

A person who infringes

constitute an offence under the Carriage of

€11,000

any of the provisions

S.L. 439. 10.

Livestock (Road Vehicle Standards for

arising from the

Journeys Exceeding Eight Hours)

regulation, shall, on

Regulations or the Animals Transport

conviction be liable to a

(Protection) Regulations.

fine (multa) of not less

than €11,646.87 and not

exceeding €34,940.60

ꞏ Use for work, riding, driving or otherwise

€2,000 - €6,000 On first conviction – fine

articles 8(2)

using an animal unfit for the use

of not less than €2,000

and (4)

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

Use unfit

fine and imprisonment.

animals for

work or

On second or subsequent

other

conviction – fine of not

activity

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ When a person is in any way responsible

€2,000 - €7,000 On first conviction – fine

for the organisation of any of the following

of not less than €2,000

article 31

activities and, or the involvement of an

and not more than

animal in such activities

€65,000 or to a term of

ꞏ Fights between animals

imprisonment of three

ꞏ A match, competition or any other activity

(3) years or to both such

Matches,

in which an animal is released from

fine and imprisonment.

com-

articles 8(2),

captivity for the purpose of being hunted,

petitions or

(3) and (4)

On second or subsequent

caught, confined, injured or killed by a

any other

conviction – fine of not

person (by the use of a firearm or

activity

less than €6,000 and not

otherwise) or another animal

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

article 13(1)

ꞏ Using or allowing an animal to kill another

€2,000 - €7,000

animal

articles 8(2) and ꞏ Owning, keeping, or using an animal with

€2,000 - €7,000

(4)

the intention of

ꞏ Using the animal as a lure for blooding

article 13(1)

greyhounds; or

articles 8(2) and ꞏ Killing the animal for the purpose of

blooding greyhounds; or

(4)

ꞏ Using the animal in any other way in

relation to the training and racing of

coursing dogs

ꞏ Body of animal taking part in a

€2,000 - €7,000 On first conviction – fine

article 30(1)

competition found to contain one or more

of not less than €2,000

of the substances specified in the

and not more than

regulations made by the Minister, the

€65,000 or to a term of

Sub-stances

ingredients whereof or the metabolites of

imprisonment of three

found in the

which exceed the maximum quantity

(3) years or to both such

animal’s

established in the said regulations

fine and imprisonment.

body taking

On second or subsequent

part in a

conviction – fine of not

compet-

less than €6,000 and not

ition

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ When an individual obstructs, molests,

€2,000

On first conviction – fine

article 44B(6)

interferes or Fails to cooperate with an

of not less than €2,000

authorised officer (including failure to give

and not more than

requested information to the authorised

€65,000 or to a term of

officer such as name, Identity Card number

imprisonment of three

Failure to

and address).

(3) years or to both such

cooperate

fine and imprisonment.

with

On second or subsequent

authorised

conviction – fine of not

officer

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ Non-compliance in relation to housing and

€2,000 - €5,000 On first conviction – fine

article 8(4)

dietary requirements for animals

of not less than €2,000

Non

ꞏ Non-compliance in relation to housing and

and not more than

compliance

dietary requirements for pigs.

€65,000 or to a term of

with farm

imprisonment of three

S.L. 439. 02.

animals

(3) years or to both such

regulations

fine and imprisonment.

including

On second or subsequent

those

conviction – fine of not

specific for

less than €6,000 and not

calves, pigs,

more than €80,000 or to

broilers,

a term of imprisonment

hens

of three (3) years or to

both such fine and

imprisonment.

S.L. 439. 01.

ꞏ Where any of the above acts or omissions

€2,000 - €5,000 A person who infringes

constitute an offence under the Calves

any of the provisions

S.L. 439. 07.

(Protection) Regulations, the Laying Hens

arising from the

(Protection) Regulations, or the Farm

regulation, shall, on

S.L. 439. 09.

Animals (Protection) Regulations.

conviction be liable to a

fine (multa) of not less

than €4,658.75 and not

exceeding €13,976.24

S.L. 439. 04.

ꞏ Non-compliance with requirements of the

€3,000 -

A person who infringes

regulation 5

Staging Points Regulations.

€11,000

any of the provisions

arising from the

Staging

regulation, shall, on

points

conviction be liable to a

fine (multa) of not less

than €11,646.87 and not

exceeding €34,940.60

ꞏ Non-compliance with requirements for the

€2,000 - €6,000 On first conviction – fine

transport of animals.

of not less than €2,000

article 23(1)

and not more than

€65,000 or to a term of

Non-

imprisonment of three

compliance

(3) years or to both such

with legal

fine and imprisonment.

requiremen

On second or subsequent

ts for the

conviction – fine of not

transport of

less than €6,000 and not

animals

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

S.L. 439. 05.

ꞏ Where any of the above acts or omissions

€3,000 -

A person who infringes

constitute an offence under the Carriage of

€11,000

any of the provisions

S.L. 439. 10.

Livestock (Road Vehicle Standards for

arising from the

Journeys Exceeding Eight Hours)

regulation, shall, on

Regulations or the Animals Transport

conviction be liable to a

(Protection) Regulations.

fine (multa) of not less

than €11,646.87 and not

exceeding €34,940.60

Animals

ꞏ Carrying out experimentation without a

€2,000 -

On first conviction – fine

kept for

articles 32,

licence or not in line with the licence

€15,000

of not less than €2,000

scientific

35(1) and 38

and not more than

purposes

€65,000 or to a term of

€2,000 - €5,000 imprisonment of three

article 8(4)

ꞏ Animals kept in an unsuitable environment

(3) years or to both such

articles 38

ꞏ Animals made to suffer more than

€5,000 -

fine and imprisonment.

and 40

necessary in breach of the Animal Welfare

€25,000

Act.

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

S.L. 439. 08.

ꞏ Operating without a zoo licence

€10,000

On first conviction – fine

of not less than €2,000

S.L. 439. 19.

ꞏ Keeping of dangerous animals in an

€10,000

and not more than

regulation 4

unregistered site

€65,000 or to a term of

S.L. 439. 19.

ꞏ Keeping of unregistered dangerous animals

€15,000 per

imprisonment of three

regulation 4

in an unregistered site

animal but in

(3) years or to both such

any case not

Zoos and

fine and imprisonment.

more than

keeping of

€80,000 (if

On second or subsequent

dangerous

more than one

conviction – fine of not

animals

animal)

less than €6,000 and not

S.L. 439. 08.

ꞏ Inadequate enclosure and micro-climate

€8,000 -

more than €80,000 or to

S.L. 439. 19.

conditions after licence is issued

€40,000.

a term of imprisonment

regulation 5

of three (3) years or to

both such fine and

S.L. 439. 08.

ꞏ Unauthorized keeping of animals in a

€8,000

S.L. 439. 19.

registered site or licensed zoo

imprisonment.

S.L. 439. 16.

ꞏ Operating without a licence

€2,000

On first conviction – fine

regulation

of not less than €2,000

3(1)

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

Pet shops

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

S.L. 439. 14.

ꞏ Operating without a licence

€2,000

On first conviction – fine

regulation

of not less than €2,000

3(1)

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

Animal

Sanc-

On second or subsequent

tuaries

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

S.L. 439. 15.

ꞏ Operating without a licence

€2,000

On first conviction – fine

regulation

of not less than €2,000

3(1)

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ Use of animals in breach of Article 31A

€2,000

On first conviction – fine

article 31A

under Part X A entitled Circuses of the

of not less than €2,000

Animal Welfare Act

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

ꞏ

S.L. 439. 22.

ꞏ Non-compliance and, or acts and omissions

€2,000

On first conviction – fine

constituting an offence under the Use of

of not less than €2,000

Karozzini Regulations.

and not more than

€65,000 or to a term of

imprisonment of three

(3) years or to both such

fine and imprisonment.

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to

a term of imprisonment

of three (3) years or to

both such fine and

imprisonment.

Any person who breaches any other provision of the Animal

Welfare Act or regulations made thereunder, and which may give rise

to the imposition of an administrative penalty not otherwise

specifically provided for in this Schedule, shall be liable to a penalty

of not less than €2,000 and not more than €50,000.

€0.99

When administrative penalties are imposed according to Administrative

article 47 of the Animal Welfare Act, the penalties listed in the penalties.

Schedule shall be applicable.