Farm Animals (Protection) (Amendment) Regulations, 2022

L.N. 187 of 2022

ANIMAL WELFARE ACT

(CAP. 439)

Farm Animals (Protection) (Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by articles 7(2) and 8(1)

of the Animal Welfare Act, the Minister responsible for Veterinary

Services has made the following regulations:-

The title of these regulations is the Farm Animals Citation.

(Protection) (Amendment) Regulations, 2022 and these regulations

shall be read and construed as one with the Farm Animals (Protection) S.L. 439.09.

Regulations, hereinafter referred to as "the principal regulations".

In the Maltese version of the principal regulations, the Amends the

word "subartikolu", wherever it occurs, shall be substituted by the principal

regulations.

word "subregolament".

Regulation 1 of the principal regulations shall be amended Amends

regulation 1 of

as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

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

Animals (Protection) and Inspection of Holdings

Regulations";

(b) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) These regulations shall apply without prejudice

to specific Community veterinary rules laid down

elsewhere, and in particular to European Union Council

Directives 1999/74/EC, 2008/119/EC and 2008/120/EC,

which shall continue to apply."; and

(c) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) The scope of these regulations is to implement

the provisions found under European Union Council

Directive 98/58/EC concerning the protection of animals

kept for farming purposes and to implement the

Commission Implementing Regulation (EU) 2019/723 of

2 May 2019 laying down rules for the application of

Regulation (EU) 2017/625 of the European Parliament

and of the Council as regards the standard model form to

be used in the annual reports submitted by Member

States.".

Regulation 2 of the principal regulations shall be

substituted by the following new regulation

2. For the purposes of these regulations the

Interpretation.

following definitions shall apply

"Act" means the Animal Welfare Act;

"animal" means any animal (including fish, reptiles

or amphibians) bred or kept for the production of food,

wool, skin or fur or for other farming purposes;

"bird" means a bird of any species of bird

including, but is not limited, to any type of poultry such

as ducks, geese, chickens and turkeys;

"competent authority" means the competent

authority within the meaning of Article 3(3) of

Regulation (EU) 2017/625 of the European Parliament

and the Council, for Malta, Veterinary Services;

"Director" means the Director responsible for the

Veterinary Services 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

these regulations;

"force feeding a bird" means a process that causes

the bird to consume more food than a typical bird of the

same species would consume voluntarily or for health

reasons. Force feeding methods include, but are not

limited to, delivering feed through a tube or other

device inserted into the bird’s oesophagus;

"owner" or "keeper" means any natural or legal

person or persons responsible for or in charge of animals

whether on a permanent basis or on a temporary basis;

"trading partner" shall have the same meaning as

provided in article 2 of the Veterinary Services Act and

shall include Member States of the European Union.".

In regulation 3 of the principal regulations, the words "or Amends

keepers take all" shall be substituted by the words "or keepers shall regulation

Immediately after regulation 3 of the principal regulations Adds new

there shall be added the following new regulations

3A. (1) No person shall force feed a bird for the

purpose of enlarging the bird’s liver beyond normal size.

feeding a bird.

(2)

No person shall force feed a bird as

mentioned in sub-regulation (1).

3B. (1) No person shall keep animals solely or

primarily

(a) for slaughter, whether by himself or

another, for the value of their fur; or

(b) for breeding progeny for such slaughter.

(2)

No person shall cause or permit another

person to keep animals as mentioned in sub-regulation

(1).

(3) The references in this regulation to keeping

animals for slaughter or to breeding progeny for

slaughter include keeping or breeding them for sale for

slaughter respectively.".

Regulation 4 of the principal regulations shall be Substitutes

substituted by the following new regulation

"4. Veterinary Services shall ensure that owners and

keepers are following the conditions under which animals

(other than fish, reptiles, amphibians) are bred or kept, having

regards to their species and to their degree of development,

adaptation and domestication, and to their physiological and

ethological needs in accordance with established experience

and scientific knowledge, comply with the provisions set out

in the Schedule.".

Immediately after regulation 6 of the principal Adds new

regulations there shall be added the following new regulation

6A. (1) The Veterinary Services in Malta shall

submit a report including the results of the inspections

carried out in the field of the protection of animals kept

for farming purposes. This report shall be addressed to

the trading partners and to the European Commission.

(2) In light of the provisions of article 6(3) of

European Union Council Directive 98/58/EC, the report

shall comply with the information specified in the Annex

of Commission Implementing Regulation (EU) 2019/723.

(3) The report shall be presented yearly, by the

31st August.".

Immediately after sub-regulation (2) of regulation 8 of

the principal regulations there shall be added the following new sub-

regulation

"(3) 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.".

Item 19 of the Schedule to the principal regulations shall be

substituted by the following new item

"19. Pending the adoption of specific provisions

concerning mutilations in accordance with the procedure laid

down in article 7 the Veterinary Services Act, and without

prejudice to European Union Council Directive 2008/120/EC,

mutilations for non-therapeutic reasons are forbidden on animals

breed in the territory of Malta.".

The Inspection of Holdings (Farm Animals) Regulations

are hereby repealed without prejudice to anything done or omitted to

be done thereunder.

€0.36