Regulations, 2024

L.N. 149 of 2024

ANIMAL WELFARE ACT

(CAP. 439)

Standards for Operating Pet Sitting Accommodations and Pet

Boarding Accommodation Establishments for Cats and Dogs

Regulations, 2024

IN EXERCISE of the powers conferred by articles 7(2) and 15 of

the Animal Welfare Act, the Minister responsible for veterinary

services, acting on the advice of the Council for Animal Welfare, has

made the following regulations:-

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

Operating Pet Sitting Accommodations and Pet Boarding

commencement.

Accommodation Establishments for Cats and Dogs Regulations, 2024.

(2) The scope of these regulations is to establish the minimum

standards for the registration of pet sitting accommodations and for the

licensing of pet boarding accommodation establishments for cats and

dogs in Malta.

(3) Persons who are operating a pet sitting accommodation or a

pet boarding accommodation establishment for cats and dogs before

the coming into force of these regulations are being granted a

transitional period of one (1) year from the coming into force of these

regulations in order to fulfil their obligations in accordance with these

regulations.

(4) These regulations shall come into force within two (2)

months from their publication in the Gazette.

(1)

In these regulations, unless the context otherwise

requires

"accommodation" means a premises where pets are brought

in by pet owners or keepers and where they are cared for by a pet

sitter or a pet boarder on a temporary basis in the owner’s or

keeper’s absence and where the premises offers all the necessary

amenities to ensure the animals’ safety and welfare while in

temporary care and includes pet sitting accommodations and pet

boarding accommodation establishments for cats and dogs

Provided that the premises shall have obtained any

other permits or licences which may be required from other

departments or entities to be able to carry out pet sitting and pet

boarding services;

"Act" means the Animal Welfare Act;

"animal" or "pet" means an owned domestic cat or dog

unless otherwise stated;

"Animal First Aid" means the emergency treatment

administered to an injured or sick pet animal before veterinary

care is available;

"Director" means the Director for Animal Welfare as

defined in the Act and includes, to the extent of the authority

given, any officer authorised by him to act on his behalf for any

purposes of these regulations;

"enclosure" means any confined space within which

animals are kept;

"Minister" means the Minister responsible for Veterinary

Services;

"pet boarder" means a person who may provide

accommodation on any premises, including a dwelling house, for

five (5) animals or more at once, provided that the animals do

not belong to the same animal owner or the occupant or the

owner of the said premises

Provided that a pet boarder shall also include a person

who may provide accommodation on a premises, including a

dwelling house, for not more than four (4) animals at once for a

period of more than two (2) weeks, provided that the animals do

not belong to the same animal owner or the occupant or the

owner of the said premises;

"pet boarding accommodation establishments for cats and

dogs" means any premises, including a private dwelling, where

accommodation for five (5) or more animals at once is provided,

and where the owner of such animals is not the occupant or the

owner of the premises where the animals are kept

Provided that the premises shall also include a private

dwelling, including garages, where accommodation for not more

than four (4) animals at once for a period of more than two (2)

weeks, and where the owner of these animals is not the occupant

or the owner of the premises where the animals are kept;

Provided further that the premises shall have obtained

any other permits or licences which may be required from other

departments or entities to be able to carry out pet boarding

services;

"pet sitter" means a person who may provide

accommodation in a premises, for not more than four (4) animals

at once for a period of not more than two (2) weeks, provided

that the animals do not belong to the same animal owner or the

occupant or the owner of the said premises

Provided that day carers, dog walkers and any other

names that refer to someone taking care of a pet which belongs

to another owner on a temporary basis, even if the service does

not include overnight stay, shall be considered a pet sitter and

these regulations shall also apply;

"pet sitting accommodation" means any premises,

including a dwelling house or garages, where accommodation

for not more than four (4) animals is provided, and where the

owner of such animals is not the occupant or the owner of the

premises where the animals are kept

Provided that the premises shall have also obtained

any other permits or licences which may be required from other

departments or entities to be able to carry out pet sitting services.

(2) Unless the context otherwise requires, words and

phrases used in these regulations which are not defined herein

shall have the same meaning as assigned to them in the Act.

(1)

A person shall not operate a pet sitting

accommodation for the purposes of these regulations without being

registered with the Director.

(2) A person shall not operate as a pet boarding

accommodation establishment for cats and dogs for the purposes of

these regulations without a licence.

(3) A pet sitter shall not operate unless registered with the

Director and a pet boarder shall not operate unless licensed by the

Director.

Provided that any person who is already operating

accommodations before the coming into force of these regulations

shall apply with the Director within six (6) months from the date of

publication of these regulations.

(4) The Director may publish an updated list of all the

registered or licensed accommodations on the relevant portals.

(5) Registration and licensing applications shall be submitted

on the prescribed form to the Director and the said form shall include

(a)

the applicant’s details;

(b)

the accommodation details;

(c) the details of the veterinary surgeon and, or

professional responsible for drawing up and implementing the

animal health control programme of the accommodation;

(d)

the animals’ details, including the species;

(e) with regard to the licensing of pet boarding

accommodation establishments for cats and dogs, the pet

boarding accommodation establishment for cats and dogs

premises’ details including other relevant permits and, or

licenses that would have been obtained in accordance with other

relevant regulations

Provided that the Director may request at any time

from the applicant, any other relevant information or additional

document, which are deemed necessary for the purposes of these

regulations and that any processing of personal data pertaining to

natural persons shall be in compliance with the principles of

processing of personal data pursuant to Article 5 of Regulation

(EU) 2016/679 of the European Parliament and of the Council of

27 April 2016 on the protection of natural persons with regard to

the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data

Protection Regulation).

(6) The accommodations shall have an appropriate animal

health control programme designed and implemented under the

responsibility of a professional registered with the Veterinary Surgeons

Council, and the said programme shall be designed and implemented

in accordance with the law as in force from time to the time.

(7) The Director shall conduct an inspection of the

accommodations prior to renewing a registration or issuing a license,

to determine whether the conditions of these regulations are in

conformity and to establish whether the pet sitter or pet boarder is in

compliance with the guidelines as issued by the Director from time to

time.

(8) If the said conditions are satisfied and the relevant fees are

paid in accordance with the Fees (Pet Sitting Accommodations and Pet

Boarding Accommodation Establishments for Cats and Dogs)

2024. Regulations, the Director shall accept or renew a registration or licence

for the activity

Provided that in the event that the registration or licence is

not accepted or renewed, the Director shall stipulate corrective

measures as necessary and may suspend or prohibit the

commencement or continuation of the use of the accommodations.

(9) The registration or licence document, or a copy of the

registration or license document shall be displayed in a prominent

place in the accommodation.

(10) Any alterations to the layout of the accommodation as

accepted upon registration or licensing shall be declared to the

Director before the said alterations take place and the Director shall

determine whether these alterations are acceptable or otherwise after

an inspection is carried out

Provided that if the alterations are accepted, the existing

registration or licence may be modified accordingly.

(11) The species of animals authorised to be kept in the

accommodation shall be specified in the registration or licence

document.

(12) Any pet sitter or pet boarder who does not comply with the

conditions of their registration or licence, may have the registration or

license of the accommodation suspended or revoked.

(1) The personnel taking care of the animals shall have

relevant qualifications acceptable to the Director. The necessary

qualifications shall be published in the Gazette through a Government

notice.

(2) The registration document in the case of pet sitting

accommodation or the licence in the case of pet boarding

accommodation establishments for cats and dogs, shall only be issued

to persons who have never been convicted of cruelty to animals in

accordance with the Act or the regulations made thereunder

Provided that if a registered pet sitter or licensed pet

boarder is convicted of any cruelty to animals in accordance with the

Act or the regulations made thereunder, the pet sitter or pet boarder

shall have his licence or registration immediately revoked

Provided further that the pet sitter and the pet boarder shall

ensure that the personnel employed to work in the accommodation that

have direct access to or contact with the animals as well as the students

and, or trainees have never been convicted of cruelty to animals in

accordance with the Act or the regulations made thereunder.

(3) The Director shall not accept an application for a

registration or a license of an accommodation from any persons under

the age of eighteen (18) years and no such registration or license may

be accepted or granted to said persons.

(4) A documented internal procedure shall be available and

communicated to ensure that all personnel working in the

accommodation, even if only providing a temporary service, follow

correct practice as to ensure the animals’ health and welfare.

Provided that the pet sitter or pet boarder shall ensure that

in the accommodation at least one (1) person from the personnel shall

have a certificate in Animal First Aid when animals are present at the

accommodation.

(5) Any staff, such as students and trainees, shall be supervised

at all times during their practice at the accommodation.

(1) Pet sitters and pet boarders shall keep an internal Animal records.

record related to the animals kept under temporary care. The

information kept shall include but shall not be limited to the following

(a)

the date and time of arrival at the accommodation;

(b)

the name of the animal;

(c) any identification system in case of cats and the

microchip number in the case of dogs;

(d)

the description, breed, age and sex of animal;

(e) the name, address, telephone number and identity

card number of the owner or keeper;

(f) the name, address, telephone number and identity

card number of the contact person while the animal is at the

accommodation;

(g) the name, address and telephone number of the

animal’s veterinary surgeon;

(h)

the expected and actual date and time of departure;

(i)

the health, welfare and nutrition requirements;

(j)

the permissions for animals sharing enclosures;

(k)

the authorisation for veterinary treatment;

(l) the details of vaccination and veterinary surgeon’s

endorsement.

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

years and shall be made available to the Director during inspections or

upon request.

(1) Pet sitters and pet boarders shall only keep animals,

Accommodation

which have received the necessary vaccinations, as detailed in the pet

passport or veterinary records card, referred to in regulation 9(3)

which shall also include animals owned by the pet sitter or pet boarder

if such animals are in the same accommodation.

(2) No animal species, other than those species specified in the

registration or license document, shall be kept in the accommodation.

(3)

No dogs shall be kept in the accommodation unless it is

microchipped according to the Electronic Identification of Dogs

Regulations and that its registered owner listed for the respective

microchip or an authorised keeper that has a written authorisation from

the owner is the same person seeking the service.

(1) Pet sitters and pet boarders shall at all times keep

Accommodation

animals in an accommodation suitable to their species with respect to

construction, size, temperature, lighting, ventilation and cleanliness.

All of the accommodation shall be kept in a state of good repair.

(2) The enclosures where pet dogs are kept shall be in line with

the requirements set out in the Keeping of Dogs Regulations.

(3) The Minister with the concurrence of the Director may

issue detailed obligatory specifications of animal enclosures for main

and isolation accommodation through a Government notice, which

shall be updated from time to time as the Minister with the

concurrence of the Director may deem fit and the said specifications

shall be published in the Gazette. Pet sitters and pet boarders shall

ensure that they are compliant with any notice issued in terms of this

sub-regulation.

(4) Any enclosure in the accommodation 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 accommodation.

Personnel working within the accommodation shall be trained to use

such equipment, and records of this training shall be available upon

request by the Director.

(5) Pet sitters and pet boarders shall ensure that enclosures are

designed in a way that animals cannot be harmed or injured.

(6) Pet sitters and pet boarders shall ensure that the enclosure is

constructed of non-porous material and is 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, partition walls, doors and door frames shall be durable,

smooth and impervious. There shall be no protruding or rough

edges, which are likely to cause an animal to be injured in any

way.

(7) Animal enclosures shall be constructed in a way that any

inspection on them can be carried out easily. 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.

(8) Enclosures shall open on to secure areas to prevent the

escape of animals. Access to the secure areas shall be through a double

door lock.

(9) Accessories which are placed inside the animal enclosures

shall be suitable for that species.

(10) During the day, light shall be provided to all exercise and

sleeping areas in order that all parts are clearly visible.

(11) Ventilation shall be provided to all interior areas without

the formation of excessive localised draughts in the sleeping area.

(12) Electrical circuits and electrical devices shall be kept in a

manner to prevent animals from being harmed or injured.

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

available in the accommodation.

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

provided in addition to any wash hand basin.

(15) The Director may require accommodations to introduce

those additional measures which he deems necessary to ascertain the

health conditions and behaviour of the animals such as closed-circuit

television systems (CCTV)

Provided that such measures shall be determined by the

Director following an analysis of the specific circumstances as the

case may be.

(1) The maximum number of animals to be boarded in

Accommodation

any accommodation shall be determined by the accommodation

available and in accordance with the standards which may be issued

from time to time by the Minister in concurrence with the Director by

means of a Government notice and published in the Gazette.

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

Animals from the same household may share an enclosure of adequate

size and not of detriment to the welfare of the animal and this with the

written permission of the owner of the animals. In case of animals

sharing an enclosure, separate beds for each animal shall be provided.

(1) All reasonable precautions shall be taken to prevent

the outbreak and spread of diseases. No animal which is infected or is

suffering from a contagious disease or could reasonably be suspected

of having come into contact with any other infected animal or

suffering from a contagious disease, or which is infested with parasites

shall be brought into the accommodation.

(2) Animals shall be vaccinated in accordance with these

regulations at least ten (10) days before the first (1) day in the

accommodation but less than one (1) year from date of departure from

the accommodation, in accordance with the manufacturers’

instructions of vaccinations.

(3) Dogs shall be vaccinated against canine distemper,

infectious canine hepatitis, leptospirosis, canine parvovirus, Bordetella

bronchiseptica, canine parainfluenza virus and other relevant diseases

on the advice of a veterinary surgeon. Cats shall be vaccinated against

infectious feline enteritis, feline respiratory diseases, feline leukaemia

virus and other relevant diseases on the advice of a veterinary surgeon

or as instructed in relation to cats and dogs, from time to time, by the

Director for Veterinary Services.

(4) The pet sitter or pet boarder shall contact the owner of the

animal, the contact person and a veterinary surgeon immediately when

any animal in the accommodation falls ill, is injured or dies during

their stay at the accommodation and the animal shall receive

appropriate care and treatment without delay

Provided that if the owner, or contact person, is not

reachable, the pet sitter or pet boarder shall always act in the best

interest of the animal under his care and on the advice of the veterinary

surgeon.

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

at all times at the accommodation. Advice from a veterinary surgeon

shall be sought about the content of such kit.

(6) Equipment provided for human use shall be stored and

cleaned separately from the animals’ equipment.

(7) Food and water containers shall be provided and shall be

cleaned and disinfected after each meal. Any discarded food residue

shall be disposed of immediately.

(8) Excreta and soiled bedding of the animals shall be collected

and stored in impervious containers with close-fitting lids, away from

direct sunlight unless another means of disposal is present.

(9) Excreta and soiled bedding of the animals shall be removed

from the accommodation at least twice (2) a week. Such material shall

be disposed of in a manner compliant with relevant laws.

(10) Suitable bedding shall be provided which allows the

animals to be comfortable and which is capable of being easily and

adequately cleaned and disinfected. Bedding material shall be

inspected daily and shall be maintained in a clean, parasite-free and

dry condition.

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

including the dates of application shall be kept. Such applications shall

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

the accommodation.

(1) Facilities for the preparation and storage of food shall Food and water.

be provided, in a separate space from the animal enclosures. Animal

food shall 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 noxious odours, vermin and insects.

(1) Animals shall be under constant supervision by the

pet sitters or pet boarders or their staff, and all animals shall be

inspected at least once every four (4) hours.

(2) Competent personnel shall always be present to supervise

the animals and deal with emergencies whenever animals are boarded

at the accommodation.

(3) Each enclosure within an accommodation shall be clearly

marked and a system shall be in place which ensures that the following

relevant information about the animal is available and includes

(a) the name, breed and age of the animal and microchip

registration number;

(b)

the owner’s name and contact person;

(c)

the date of arrival and date of departure;

(d)

the nutritive requirements;

(e)

the preferred veterinary surgeon;

(f) if relevant, the health condition and medication

requirements;

(g)

if relevant, grooming requirements;

(h)

if relevant, exercise routine.

(1) Accommodations shall have in place suitable

emergency precautions and written procedures, and these shall be

made known to all the staff, including arrangements for the evacuation

of animals.

(2) All entrances and exits shall be left clear of obstructions at

all times.

(3) Suitable fire and safety equipment shall be made available,

maintained and regularly serviced by a competent person and placed in

an adequate place in accordance with specific legislation on this

matter.

(4) Emergency numbers of civil protection agencies and

veterinary surgeons are to be displayed in a prominent place at the

entrance of the accommodation, and in the reception area.

(1) Any person who contravenes or acts in violation of Offences,

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

and

be liable to the punishments established in article 45 of the Act.

administrative

penalties.

(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 in accordance with

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

provisions of the said article.

The Minimum Standards for Operating a Boarding Repeal and

Establishment for Cats and Dogs Regulations are hereby repealed saving.

without prejudice to anything done or omitted to be done thereunder.

The Schedule to the Administrative Penalties relating to Consequential

Offences committed against the Animal Welfare Act Regulations shall amendments.

be amended as follows

(a)

the item "Boarding Kennels" thereof shall be deleted;

and

(b) immediately after the item "Karozzini" thereof there

shall be added the following new items

Pet board- S.L. 439.26

Operating

€2,000

On

ing accom-

without a licence

conviction a person

modation

shall be liable to a fine

establish-

(multa) of not less than

ments for

€2,000,

but

cats and

exceeding €65,000 or to

dogs

a term of imprisonment

not exceeding three (3)

years or to both such

fine and imprisonment.

On second or

subsequent conviction a

person shall be liable to

a fine (multa) of not less

than €6,000 but not

exceeding €80,000 or to

a term of imprisonment

not exceeding three (3)

years or to both such

fine and imprisonment.

Pet sitting

Operating

or

Not more

On

first

accommo-

managing a pet sitting than €1000

conviction a person

dations

accommodation

shall be liable to a fine

without

being

(multa) of not less than

registered with the

€2,000,

but

not

Director

exceeding €65,000.

On second or

subsequent conviction a

person shall be liable to

a fine (multa) of not less

than €5,000, but not

exceeding €100,000.

€1.17