Protection of Animals offered in Pet Shops (Minimum Standards)

L.N. 208 of 2025

ANIMAL WELFARE ACT

(CAP. 439)

Protection of Animals offered in Pet Shops (Minimum Standards)

(Amendment) Regulations, 2025

IN EXERCISE of the powers conferred by article 7(2) of the

Animal Welfare Act, the Minister responsible for veterinary services

has made the following regulations:-

The title of these regulations is the Protection of Animals

offered in Pet Shops (Minimum Standards) (Amendment) Regulations,

2025 and these regulations shall be read and construed as one with the

Protection of Animals offered in Pet Shops (Minimum Standards)

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

Immediately after sub-regulation (2) of regulation 1 of the

principal regulations there shall be added the following new sub-

regulation

"(3) Regulation (EU) 2017/625 of the European

Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the

application of food and feed law, rules on animal health and

welfare, plant health and plant protection products, amending

Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No

1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No

652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European

Parliament and of the Council, Council Regulations (EC) No 1/

2005 and (EC) No 1099/2009 and Council Directives 98/58/EC,

1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and

repealing Regulations (EC) No 854/2004 and (EC) No 882/2004

of the European Parliament and of the Council, Council

Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC,

96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/

EEC (Official Controls Regulation) shall apply to these

regulations, in particular Articles 9 and 36 of the said

Regulation.".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "animal" there shall

be added the following new definitions

" "Bird Directive" means Directive 2009/147/EC of

the European Parliament and of the Council of 30

November 2009 on the conservation of wild birds;

"Convention on International Trade in Endangered

Species of Wild Fauna and Flora" means the international

agreement of the World Conservation Union;

"Convention on Migratory Species" means the

Convention on the Conservation of Migratory Species of

Wild Animals (Bonn Convention; CMS), a United Nations

Environment Programme treaty;";

(b) the definition "the Director" shall be substituted by

the following new definition

"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 in writing, to

act in that behalf for any of the purposes of the Act;";

(c) immediately after the definition "exotic animal",

there shall be added the following new definition

" "Habitat Directive" means the Council Directive 92/

43/EEC of 21 May 1992 on the conservation of natural

habitats and of wild fauna and flora;";

(d) immediately after the definition "pet shop" there shall

be added the following new definition

" "Regulation (EU) 2017/625" means Regulation

(EU) 2017/625 of the European Parliament and of the

Council of 15 March 2017 on official controls and other

official activities performed to ensure the application of

food and feed law, rules on animal health and welfare, plant

health and plant protection products, amending Regulations

(EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/

2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No

652/2014, (EU) 2016/429 and (EU) 2016/2031 of the

European Parliament and of the Council, Council

Regulations (EC) No 1/2005 and (EC) No 1099/2009 and

Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC,

2008/119/EC and 2008/120/EC, and repealing Regulations

(EC) No 854/2004 and (EC) No 882/2004 of the European

Parliament and of the Council, Council Directives 89/608/

EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC,

96/93/EC and 97/78/EC and Council Decision 92/438/EEC

(Official Controls Regulation);".

Regulation 3 of the principal regulations shall be amended

as follows

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

following new sub-regulation

"(3) Licence applications shall be submitted using

the appropriate form and shall be endorsed by the

nominated veterinary surgeon responsible for the pet shop

by means of a written statement that shall be signed and

rubber stamped and submitted together with the form. The

form shall include

(a) the applicant’s details;

(b) the pet shop details;

(c) the details of the staff responsible for the

day-to-day care of the animals;

(d) the details of the veterinary surgeon

responsible for the pet shop;

(e) the animals’ details;

(f) the premises’ details

Provided that the Director may request the

applicant at any time to provide any other relevant

information or additional documents which are deemed

necessary.";

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

following new sub-regulation

"(4) In the case that exotic animals are to be traded,

a trader shall apply to the Director for an additional specific

licence through the appropriate form. Prior to the granting

of the first licence an inspection may be carried out by the

Director.";

(c) paragraph (b) of sub-regulation (5) thereof shall be

substituted by the following new paragraph

"(b) If these conditions are satisfied, the Director

shall issue a licence for the activity

Provided that if such conditions are not

satisfied, the Director shall stipulate corrective measures as

necessary.";

(d) immediately after sub-regulation (10) thereof there

shall be added the following new sub-regulations

"(11) Any licence holder who does not comply with

the conditions of the licence applied for, shall have his

licence revoked and the provisions of regulation 16 shall be

applicable.

(12) The Director may suspend, prohibit the

commencement or continuation of the use of the pet shop

and thereby revoke the licence, refuse to renew or grant a

new licence at his discretion, if one or more of the

requirements established in this regulation are not

satisfied.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof the words "to the

Director:" shall be substituted by the words "to the Director." and

the proviso thereof shall be deleted;

(b) immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

(5) The Director may suspend, prohibit the

commencement or continuation of the use of the pet shop

and thereby revoke the licence, refuse to renew or grant a

new licence at his discretion, if one or more of the

requirements established in this regulation are not satisfied.

Immediately after regulation 5 of the principal regulations, Adds a new

regulation to the

there shall be added the following new regulation

principal

regulations.

" Advertising

5A. The Director may from time to time issue

guidelines on the details required to be listed for the

advertising of the sale of animals by means of distance

communication.".

Paragraph (b) of sub-regulation (1) of regulation 6 of the Amends

principal regulations shall be substituted by the following new regulation

the principal

paragraph

regulations.

"(b) by way of derogation from paragraph (a), the birds

referred to hereunder may be sold in open markets or on the

street, as long as the birds are kept in the shade at all times, in

cages of the same dimensions as listed in Schedule C and as long

as the ambient temperature does not exceed thirty degrees

Celsius (30°C).".

Immediately after regulation 15 of the principal regulations

there shall be added the following new regulations

(1) Any person who contravenes or acts in

violation of these regulations shall on conviction, be guilty

administrative

of an offence and shall be liable to the punishments

established in article 45 of 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 in accordance with article 47 of the

Act, the Director shall proceed in accordance with the

provisions of the said article.

(3) Part XIII A of the Act shall apply mutatis

mutandis to the provisions of these regulations.".

Decisions taken in accordance with regulations

3(12) and 4(5) shall be subject to a right of appeal before

the Administrative Review Tribunal established by article

5(1) of the Administrative Justice Act, within twenty (20)

days from the service of the decision, wherein the person

aggrieved by the said decision shall specify the reasons on

the basis of which the said decision of the Director should

be cancelled or modified

Provided that the decision shall become

immediately applicable and enforceable and shall remain

applicable throughout the term of appeal until final

judgement by the Administrative Review Tribunal, unless

such decision is reversed by the said Tribunal and, or the

Court of Appeal or cancelled or modified by the

Director.".

9. Schedule A to the principal regulations shall be deleted.

10. Schedule E to the principal regulations shall be substituted

by the following new Schedule

"Schedule E

(regulation 8)

Enclosure Specifications for Dogs

(1) No dog may be restricted at any time as to cause it

unnecessary suffering or injury. Every animal shall be given the space

appropriate to its physiological and ethological needs as in accordance

with established experience and scientific knowledge.

(2) The floor shall be constructed in such a way to be easily

cleaned while providing sufficient grip for the animal to walk without

sustaining any injury.

(3) The materials that shall be used for the construction of

accommodations, especially which come in direct contact, shall not be

harmful to the animals and should be able to be thoroughly cleaned

and disinfected.

(4) Appropriate comfortable bedding shall be provided.

Bedding shall be kept in a clean, parasite free and dry condition.

(5) The temperature of sleeping areas shall not be below ten

degrees Celsius (10°C) or exceed thirty degrees (30°C). A device to

read the temperature at any time shall be provided in each enclosure.

When temperatures are likely to drop below or rise above the indicated

levels, some means of heating and, or cooling respectively shall be

provided.

(6) Dogs shall not be kept either in permanent darkness or

without an appropriate period of rest from artificial lighting. Where the

natural light is insufficient to meet the physiological and ethological

needs of the dogs, appropriate artificial lighting shall be provided.

(7) Dogs shall be given suitable socialisation and human

contact to establish a well-balanced character.

(8) Dogs which are showing signs of sexual maturity, shall be

separated from the opposite sex.

(9) For the purposes of these regulations, the applicable

minimum space per dog shall be as listed in the Schedule to the S.L. 439.21.

Keeping of Dogs Regulations.

(10) Dog enclosures shall be provided with an exercise area.

Dogs shall be allowed to use the exercise area freely, except at night.

(11) The unobstructed space allowance for each dog in the

exercise area shall be

(a) for dogs with a withers height up to sixty centimetres

(60cm), two point four six square metres (2.46m 2 ) floor surface

and the height of the enclosure shall be at least two metres (2m);

and

(b) for dogs with a withers height over sixty centimetres

(60cm), three point three four square metres (3.34m 2 ) floor

surface and the height of the enclosure shall be at least two

metres (2m).

(12) The exercise area shall not be used as a sleeping area.

(13) Outside exercise areas shall be roofed to a minimum of half

the floor surface.

(14) Floors of the sleeping area, exercise area and isolation

enclosure shall not be steep and a minimum fall of one (1) in eighty

(80) to a shallow drainage or effectively covered deep drainage

channel is recommended.

(15) Partition walls between each dog enclosure shall be of solid

construction to a minimum height of one point two metres (1.2m).".

11. Schedule F to the principal regulations shall be deleted.

12. In the Second Schedule to the Administrative Justice Act,

immediately after the last item of the subsidiary legislation there shall

be added the following new item

"Protection of Animals Offered in Pet Shops (Minimum

Standards) Regulations, S.L. 439.16, Inferior Competence".

€0.63