ELECTRONIC IDENTIFICATION OF DOGS REGULATIONS

SUBSIDIARY LEGISLATION 437.101

ELECTRONIC IDENTIFICATION OF DOGS

REGULATIONS

20th May, 2011

LEGAL NOTICE 199 of 2011.

(1) The title of these regulations is the Electronic

Identification of Dogs Regulations.

(2) These regulations lay down the rules for the care and

control of dogs.

Regulation 10(1)

FEES

1. Prescribed Fee for a One Time Dog Licence and Microchip Fee

Neutered

Not Neutered

Dogs and Bitches

€10

€20

2. Prescribed Fee for Breeders

The prescribed fee for breeders is €50 per year.

For the purpose of these regulations

''assistance dog'' means a trained dog which has been registered

as such and certified by an approved association;

''the 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 the Veterinary Services Act;

''dog'' means an animal of canine species (Canis familiaris);

''electronic identification'' means the implantation of a chip or

transponder in all dog breeds that complies with ISO standard

11 7 8 4 o r A n n e x A I S O s t a n d a r d 11 7 8 5 f o r t h e p u r p o s e o f

monitoring and regulating such breeds;

''four months'' means the period determined by the emergence of

the lower canine adult teeth;

''guide dog'' means a trained dog which has been registered as

such and certified by an approved association;

''keeper'' means any person having charge of, or who habitually

feeds or looks after, a dog, including the owners of dog sanctuaries

and pet shops;

''the Minister'' means the Minister responsible for animal

welfare;

''owner'' means the person or legal entity in whose name the dog

is registered;

''stray dog'' means any dog which either has no owner, or keeper,

or is outside the boundaries of its owner ’s home or keeper ’s

premises and is not under the control or direct supervision of any

owner or keeper.

Regulation 10(1)

APPLICATION FOR LICENCE TO BREED DOGS

Application form should be completed in a legible and clear manner.

An original copy of the lay out of the ‘Kennels’ shall be attached.

The data in this application will be in the public domain.

The application and the required documents are to be sent to

The Director,

Agriculture and Fisheries Regulation Division,

Abattoir Square,

Albertown

Marsa, MRS 1123.

1. Kennels’ / Breeder’s Details

Name of Breeder / Kennels

Address

Phone Number

MEPA Ref No

2. Breeder/s’ Details – Licence Holder

Surname

Name

Address

Phone / Mobile Number

ID Number

Date of Birth

Qualifications / Experience

3. Animals

Number of dogs which are intended to be used for breeding

Breed of Dogs

Number of Bitches Number of Male Dogs

4. Emergency Facilities / Procedures

Fire Equipment Available

Description of Emergency Procedures

I / we do hereby certify that to the best of my / our knowledge and belief, the

above particulars are true.

Dated this ............................. day of ............................, 2011

(Signed) ........................................

The completion of an application form will be followed by a visit from the

Director or an authorised representative to inspect the premises prior to a licence

being granted.

For the purpose of the definition ''keeper'' in regulation 2,

any person in whose custody or possession, or in whose house or

premises, any dog shall be found, shall be deemed to be the keeper

of the dog, unless the contrary is proved.

Any person in possession of a dog in terms of these

regulations has to electronically identify the dog by the 30th April,

2012.

(1) On payment of the prescribed fee, a lifetime licence

shall be issued by the Director when a dog has been registered and

a microchip inserted intrascapulae as a means of identification.

(2) No person shall keep a dog of the age of four months or

over without a licence.

(3) The prescribed fee shall cover the cost of the microchip and

its insertion and its inclusion in a database.

(4) The owner or keeper of a dog shall ensure that the dog

wears a tag or a badge bearing the owner’s or keeper’s telephone

number and it shall be worn at all times when the dog is in a public

place.

(5) The Director shall be responsible for the issuing of

licences, the keeping of a national database and the arrangements

for the microchipping of dogs, which microchipping shall be

carried out under the authority of a veterinarian.

(6) The Director shall publish a list of component costs in the

Gazette, and such fee shall be subject to change from time to time

as will be duly notified in the Gazette.

(7) Persons applying for a licence shall be eighteen years old or

over and able to take charge of a dog.

(8) A blind or disabled person who keeps a guide dog or an

assistance dog shall be issued with a licence at no cost, regardless

of the age restriction laid down in sub-regulation (7).

(9) Any person convicted of cruelty to animals shall be

forbidden from owning a dog or applying for a further dog licence

for such period as may be decided by the court.

(10) The Director shall be notified within seven days from when

any licensed dog dies or is transferred by its owner or keeper.

(11) The Director shall be notified within forty-eight hours by

an owner or keeper in the case of the loss of a licensed dog.

(12) A separate licence shall be required in respect of each dog.

(13) Imported dogs are to be licensed within ninety calendar

days from the date of their entry into Malta.

(1) A Police officer or any officer authorised by the

Director may seize and detain any dog for the purpose of

identifying it.

(2) Owners and keepers shall not abandon their dogs. No

licensed dog shall be allowed in a public place unless accompanied

by its owner or keeper.

(1) Notwithstanding the provisions of any other law, any

Police officer or any officer authorised by the Director may seize

any stray dog and detain it until its owner or keeper claims it,

produces the licence relating to it and pays all expenses incurred by

reason of its detention.

(2)

If the dog is not claimed or the licence relating to such dog

is not produced, or the expenses mentioned in subregulation (1) are

not paid within seven days of seizure, the dog shall be disposed of

by the Police.

(3) The payment of expenses as provided in subregulation (1)

shall not exempt the owner or keeper of the dog from any other

liability incurred under these or any other regulations.

Notwithstanding the provisions of any other law, any

person other than a Police officer or any officer authorised by the

Director, who takes possession of a stray dog shall

(a) if the dog is injured and in physical distress, make the

necessary arrangements for it to receive veterinary

care; and

(b) if the dog is not injured -

(i)

return the dog to its owner or keeper, if known;

or

(ii) deliver the dog to the nearest police station and

inform the Police officer in charge, of the place

where the dog was found and, thereupon, the

provisions of regulation 7 shall apply to such

dog; or

(iii) deliver the dog to a registered sanctuary, where

it shall be ascertained whether the dog has been

microchipped and, in any case, where the dog

shall be retained for at least seven days to allow

its owner to claim it back before sheltering or re-

homing it; or

(iv) if wishing to retain the dog as a new owner, take

the dog to the nearest police station to report

where the dog was found and ascertain whether

the dog has been microchipped and it already

has an owner, and, if this is not the case, the

provisions of regulation 7 shall apply to such

new owner.

The Department may communicate data contained in the

National Microchipped Dogs Register to other government or

international entities as may be required or to any other entity for

the purposes of identifying owners.

(1) Breeders intending to breed more than four litters a

year shall register with the Director by applying for a licence using

the form in Schedule B and they shall thereafter pay the annual

licensing fee laid down in Schedule A. Breeder licensing costs may

be published by the Director from time to time in the Gazette.

(2) Breeders shall keep accurate breeding records, including

the whelping date, name of sire, sexes of the puppies born, number

of puppies born and deaths, if any.

(3)

No person shall

(a) mate a bitch which is less than twelve months old;

(b) whelp more than six litters from one bitch;

(c) whelp two litters within a period of twelve months

from the same bitch;

(d) sell a puppy before it is at least eight weeks old.

(1) Any person in possession of a dog who fails to

electronically identify such a dog with the Department in terms of

these regulations, or any person or entity submitting incorrect,

incomplete or false information in the registration form, shall be

liable to a fine (multa) of three hundred euro (€300).

(2) In the event that an electronically identified dog fails to

provide a reading intrascapulae of the said microchip, the owner or

any person in possession of the dog is liable to a fine (multa) of

five hundred euro (€500), unless it is proved by the owner or

person in possession of the dog, that the microchip is still located

within some other part of the dog.

(3) Any veterinarians authorised to carry out microchipping of

dogs under regulation 5(5) shall be liable to a fine (multa) of five

hundred euro (€500) if it is proved that the veterinarian has

intentionally provided incorrect data regarding the registration of

the dogs.