SWINE REARING AND KEEPING RULES

SUBSIDIARY LEGISLATION 437.107

SWINE REARING AND KEEPING RULES

5th September, 2017

LEGAL NOTICE 223 of 2017.

(1)

The title of these rules is the Swine Rearing and

Keeping Rules.

(2) Persons already in possession of swine as pets before the

coming into force of these rules shall conform with rule 20(b) and (f)

within six months from the coming into force of these rules and with

rule 20(d) within one year from the coming into force of these rules.

[Rule 5(2)]

Details of the Application Form for a Licence to Rear or Keep Swine

Applicant’s name

Applicant’s identity card number

Applicant’s residential address

Address of proposed swine rearing or keeping site

List of all relevant permits (including development and

environmental permits) and plans relating to the site and

issued by the competent authorities (if applicable)

(copies of listed permits/plans to be attached by applicant)

(please note that copies of the planning permit, site plan and

plans of the proposed swine habitation quarters shall be

required ad validatem)

Nature of the application

Breeder

Fattener

Keeper *

Intended number of swine †

Swine Microchip No.

*

Owner of a Swine kept as pet.

†

Not more that one pet swine allowed per keeper.

SWINE REARING AND KEEPING RULES

For the purpose of these rules and unless the context

otherwise requires

"Act" means the Veterinary Services Act;

"breeder" means any person licensed by the Director of

Veterinary Services to keep and breed swine in order to produce

swine for onward sale;

"Director" means the Director of Veterinary Services, and

includes any officer of the Department of Veterinary Services duly

authorised by him to act on his behalf;

"domestic waste" means any organic waste originating from

private dwellings;

"fattener" means any person licensed by the Director of

Veterinary Services to keep swine for fattening on a licensed farm

whether for slaughter or for onward sale as pets;

"Food Chain Information" means the document containing the

information of the holding of provenance of the arriving animals in

accordance with the European Union hygiene regulations;

"keeper" means any person registered by the Director of

Veterinary Services to keep swine as a pet but is not authorised to

breed, sell, or slaughter swine for consumption;

"microchip" means electronic identification by means of the

implantation of a chip or transponder which complies with ISO

standard 11784 or Annex A ISO standard 11785 for the purpose of

monitoring and regulating the electronic identification of pet swine;

"site" means any place where swine are kept as pets;

"swill" means any organic waste originating from catering

establishments such as hotels, restaurants (including takeaway

restaurants), diners (including canteens), clubs, community

establishments and other premises where food is prepared, served,

packaged or otherwise. Swill shall also refer to international catering

waste as defined in the Animal By-Products Regulation (Regulation

No. EC 1069/2009);

"swine" means any animal of the species Sus scrofa and Sus

scrofa domesticus and shall include pigs kept as pets including all

pigs of exotic derivation or breed and pigs that are kept for exhibition

purposes only;

"swine farm" means a place licensed by the Director to be used

for the rearing of swine;

"to keep" means to own a swine as a pet whilst forbidden to

breed, sell the same, or slaughter for consumption;

"to rear" means to breed and, or fatten swine.

[Rule 6(2)]

Details of the Application Form for a Licence of a Swine Farm

Applicant’s name

Applicant’s identity card number

Applicant’s residential address

Address of proposed swine rearing site

List of all relevant permits (including development and

environmental permits) and plans relating to the site and issued

by the competent authorities (if applicable)

(copies of listed permits/plans to be attached by applicant)

(please note that copies of the planning permit, site plan and

plans of the proposed swine habitation quarters shall be

required ad validatem)

Nature of the application

Breeder

Fattener

Intended number of swine

(1)

No person shall rear or keep swine unless he is

registered for this purpose with the Veterinary Services and is in

possession of the appropriate licence issued by the Director

Provided that licences for the keeping of swine shall be

issued with regards to the particular swine that is intended to be kept

as a pet.

(2) Any place which is intended for rearing swine shall be

licensed by the Director as a swine farm.

(Rule 4)

Pre-requisites for holding of a Licence to Rear Swine

1. Planning Authority permits and Environment and

Resources Authority permits with approved plans for

animal holding for new applicants.

2. Proven experience in pig husbandry or possession of

relevant qualification equivalent to Malta Qualification

Framework Level 4 or an equivalent, relevant and

recognised qualification as deemed appropriate by the

Director.

3. A waste management plan as endorsed by the relevant

competent authority.

No person shall obtain a licence to rear swine unless he

satisfies the requirements laid down in Schedule III.

[Rule 14(2)]

Details of the Application Form for Approval of the Movement of

Swine

Date of application

Transfer from

Name/identity card number of license holder moving the swine

Address and license/registration number of site from where the

swine is being moved

Swine/s identification number (microchip, tattoo, eartag

number)

Swine category (gilt, sow, boar, piglet, weaner)

Number of swine being moved

Transfer to

Name/identity card number of license holder receiving the

swine

Address and license/registration number of site to where the

swine is being moved

Reason(s) for movement of the swine

(1)

No person shall keep or rear swine without a

licence issued by the Director in terms of these rules.

(2) An application for keeping or rearing swine shall be

made to the Director on the appropriate form and shall contain the

details prescribed in Schedule I

Provided that the Director may request additional

information or documentation from the applicant as reasonably and

objectively justified

Provided further that an applicant for a licence shall not

commence to keep or rear swine before a formal licence is issued by

the Director.

(3)

A licence shall be deemed null ab initio if it transpires

that the requirements of the application have not been fulfilled or the

information or documentation submitted was false or incorrect

Provided that no refunds of any fees paid shall be made

in such cases.

(1)

No area shall be used to rear swine unless it is

licensed by the Director as a swine farm in terms of these rules.

(2) An application for a swine farm shall be made to the

Director on the appropriate form and shall contain the details

prescribed in Schedule II

Provided that the Director may request additional

information or documentation from the applicant as reasonably and

objectively justified

Provided further that an applicant for a licence shall not

commence to use the area as a swine farm before a formal licence is

issued by the Director.

(3) A licence shall be deemed null ab initio if it transpires

that the requirements of the application have not been fulfilled or the

information or documentation submitted was false or incorrect

Provided that no refunds of any fees paid shall be made

in such cases.

(1)

The Director shall without delay acknowledge

receipt of an application and receipt of the applicable licence fee in

writing to the applicant.

(2) An application shall be deemed to be incomplete, and

shall be returned to the applicant if it is not accompanied by all the

information and, or documentation requested in these rules.

(3) Upon receipt of a complete application form, the

Director shall within ninety (90) calendar days from the date of

receipt of an application form

(a)

inform the applicant of the need to supply any

additional information or documentation; or

(b)

issue the licence subject to any conditions he

may deem fit; or

(c)

refuse the application for a licence giving its

reasons for such a refusal.

Any licence under these rules shall be subject to the

payment of a fee and annually thereafter

Provided that the licence of a keeper shall be payable

SWINE REARING AND KEEPING RULES

only once on filing of the application.

(1)

The Director may, by order notified to licence

holders, at any time suspend a licence

(a)

if the licence holder is in breach of any condition

of the license;

(b)

if the licence holder is in breach of these rules or

any other legislation applicable to the breeding, keeping or

fattening of swine as the case may be;

(c)

if it is the Director’s opinion that there is a risk

of the introduction or spreading of disease;

(d)

if a swine farm is not used for rearing swine for a

period of one year.

(2) Suspension shall be for a period of time specified in the

order and subject to the conditions contained in the same.

(3)

In suspending a licence the Director may, as the case

may be

(a)

impose any conditions deemed as necessary;

(b)

halt the transfer of any or all animals to which

the licence refers including to slaughterhouses;

(c)

order the slaughter and, or culling of any or all

animals affected by the order of revocation or suspension in an

approved slaughterhouse;

(d)

order the culling of animals on the site where

they were being reared in a manner that is effective and

humane;

(e)

order the disposal of carcasses in accordance

with the Animal By-Products Regulation (Regulation EC

1069/2009);

(f)

take any other measures he may deem necessary.

(1)

Licences for fatteners and breeders shall be

issued for a term of one calendar year and, unless otherwise

suspended or forfeited, shall be renewable subject to the continued

compliance with the requirements of these rules including the

payment of the relevant fee applicable thereto.

(2) Licences for keepers shall be valid for the entire lifetime

of the swine kept as a pet.

(3)

The licenses referred to in sub-rules (1) and (2) may

only be issued once the provisions of these rules are complied with to

the satisfaction of the Director and once the prescribed licensing fees

are paid in accordance with rule 25.

(4) Licenses for swine farms shall not be renewed unless

rearing has been carried out for a period of twelve consecutive

months on the farm.

No person shall rear swine in any place which has not

been inspected and approved by the Veterinary Services and licensed

as a swine farm.

(1)

The Director shall have the right to enter,

without prior notice, any premises where there is the suspicion that

any swine is being kept or reared without the appropriate licence.

(2) Any unregistered site where swine are found shall be

deemed to be in breach of these rules and the Director may,

notwithstanding any other action which may be taken in terms of

these rules, act upon such a violation by applying the provisions laid

down in rule 22.

(1)

Each application for a licence to rear swine shall

be accompanied by a permit, including development permits, and

plans of the site of rearing issued by the relevant competent

authorities.

(2) Extensions or alterations to sites within which to rear

swine may only be carried out following the obtainment of relevant

permits, including but not limited to development and environmental

permits as required, and subject to the approval of the Director.

(1)

Swine shall not be moved from one location to

another unless the said movement is allowed with the prior written

approval of the Director.

(2) Approval of the Director for the movement of swine

shall be sought through the submission of the appropriate form

containing the details established in Schedule IV.

(3) Any person moving swine from any location to another

shall do so in an acceptable and humane manner and in a vehicle

assuring the right conditions for the well-being of the animal. The

said person shall also carry with him the Director’s written approval

which authorises the movement of the swine

Provided that movement of swine from a licensed farm

to an approved abattoir shall be exempt from the submission of the

form containing the details established in Schedule IV as long as

swine are accompanied by the Food Chain Information.

1 5. (1)

Swill and domestic waste shall not be fed to

swine.

(2) Animal by-products (except international catering

waste) may be authorised as feed for swine by the Director in

accordance with the Animal By-Products Regulation (Regulation No.

EC 1069/2009).

(3) The Director may authorise the use of by-products of

food industries as feed for swine when he is satisfied that the

originator thereof is registered with the Veterinary Services and is

subject to regular controls according to relevant legislation in force.

(1)

No person licensed to rear swine shall collect or

transport swill, waste, or by-products.

(2) No vehicle used for the collection or transport of swill,

waste or by-products shall be kept in any site approved as a swine

farm.

(3) The Director may authorise any person licensed to rear

swine to collect and transport by-products allowed as feed for swine

in accordance with rule 15(2) and (3).

Licensed swine breeders and fatteners may have a

feeding mill or feed mixing technology on the site where the swine

are being reared provided that the site is registered and, or approved

in line with the provisions of Regulation (EC) No. 183/2005 laying

down the requirements for feed hygiene.

(1)

No licensed fattener or breeder shall acquire

swine from anyone other than a holding and subject to such swine’s

identification as well as the obtainment of the necessary movement

authorisation in accordance with rule 14.

(2) Licensed keepers shall only acquire swine following

authorisation to do so after an application for movement of the swine

which is upheld by the Director prior to the movement.

A person licensed to rear swine under these rules shall

not be exempt from compliance with the requirements of any other

law or regulation applicable to swine from time to time.

Swine may be kept as a pet on the following conditions

(a)

the intended keeper is to be approved as such

after applying for a licence to keep swine as a pet in terms of

these rules;

(b)

swine shall be identifiable by a microchip

inserted beneath the skin of the left ear by a warranted

veterinarian;

(c)

on payment of the prescribed fee, a licence shall

be issued by the Director provided that all provisions of these

rules have been complied with;

(d)

there may be no more than two swine on one site

and no more than one swine shall be kept per person;

(e)

swine are only to be moved from approved sites

with the prior approval of the Director except for emergency

veterinary visits which are to be confirmed as such in writing

by the veterinarian attending to the swine kept as a pet;

(f)

male swine shall be rendered surgically sterile

through castration;

(g)

breeding of swine by keepers is prohibited;

(h)

persons applying for a licence in terms of these

rules shall be eighteen years old or over and able to take

charge of a swine kept as a pet. Any person convicted of

offences against the Animal Welfare Act shall be forbidden

from keeping a swine or applying for a keeper licence;

(i)

the Director shall be notified within seven days

from when any licensed swine kept as a pet dies;

(j)

the Director shall be notified within forty-eight

hours by a keeper in the case of the loss of a licensed swine

kept as a pet through an appropriate means of notification as

may be stipulated by the Director from time to time;

(k)

carcasses of swine kept as pets shall never enter

the food-chain or otherwise be used for human or animal

consumption. The said carcasses are to be disposed of in terms

of the Animal By-Products Regulation (Regulation No. EC

1069/2009).

(1)

Swine may only be imported or moved into

Malta from EU Member States or third countries in terms of the

legislation from time to time in force governing importation, trade

and transport.

(2) Competent authorities must be notified of any swine due

to enter or leave Malta within forty-eight hours prior to the transfer.

Any swine entering Malta as a pet must be immediately identified

with a microchip in accordance with rule 20(b) and registered with

the Veterinary Services upon arrival.

(3) No swine shall enter Malta from within a Member State

and, or third country deemed by the Director to be infected by any

relevant disease.

The Director may, at his discretion

(a)

order the suspension of all movements into and

out of approved sites as well as into or out of Malta for any

reason deemed necessary for the protection of current stock or

due to non-compliance by a licence holder with these rules or

with any licence condition;

(b)

order the slaughter of swine deemed unfit for

keeping or for human consumption based on the results of an

inspection;

(c)

order the adequate disposal of carcasses deemed

unfit for consumption or other use following an ante or post

mortem inspection;

(d)

order the destruction and disposal of swine or

derivative products deemed unfit for consumption in

accordance with paragraph (c);

(e)

order the return of swine to its place of origin if

there results to be any breach of these rules;

(f)

carry out or make any other order deemed fit by

the Director.

(1)

A Police officer or any officer authorised by the

Director may seize and detain any swine for the purpose of

identifying it.

(2)

Breeders, fatteners and keepers shall not abandon their

swine.

(3) No swine shall be allowed in a public place except for

exhibitions, shows, fairs and similar activities without the prior

approval of the Director.

The cost of any action taken or ordered by the Director

in terms of these rules shall always be borne by the owner of the

swine.

(1)

Breeders and fatteners shall apply with the

Director for a licence using the form containing details in Schedule I

and Schedule II and they shall thereafter pay the annual licensing fee.

(2) Keepers shall apply with the Director for a lifetime

licence using the form in Schedule I and they shall pay a one-time

licensing fee.

Any person who acts in contravention of these rules

shall be guilty of an offence and shall, on conviction, be liable to the

penalties contemplated in the Act.