CALVES (PROTECTION) REGULATIONS

SUBSIDIARY LEGISLATION 439.01

CALVES (PROTECTION) REGULATIONS

30th September, 2003

LEGAL NOTICE 258 of 2003, as amended by Legal Notices 426 of 2007,

23 of 2011 and 214 of 2023.

(1) The title of these regulations is the Calves (Protection)

Regulations.

(2) These regulations lay down the minimum standards for the

protection of calves confined for rearing and fattening.

(3) The scope of these regulations is to transpose Council

Directive 2008/119/EC of 18 December 2008 laying down minimum

standards for the protection of calves.

1. Materials used for the construction of calf accommodation and in particular

of boxes and equipment with which calves may come into contact must not be

harmful to the calves and must be capable of being thoroughly cleaned and

disinfected.

2. Electrical circuits and equipment must be installed in accordance with

current national rules so as to avoid electric shocks.

3. Insulation, heating and ventilation of the building must ensure that the air

circulation, dust level, temperature, relative air humidity and gas concentrations are

kept within limits which are not harmful to the calves.

4. All automated or mechanical equipment essential for the calves' health and

wellbeing must be inspected at least once daily. Where defects are discovered, these

must be rectified immediately or, if this is impossible, appropriate steps must be

taken to safeguard the health and well-being of the calves until the defect has been

rectified, notably by using alternative methods of feeding and maintaining a

satisfactory environment.

Where an artificial ventilation system is used, provision must be made for an

appropriate backup system to guarantee sufficient air renewal to preserve the health

and wellbeing of the calves in the event of failure of the system, and an alarm system

must be provided to warn the stock-keeper of the breakdown. The alarm system must

be tested regularly.

5. Calves must not be kept permanently in darkness. To meet their behavioural

and physiological needs, provision must be made for appropriate natural or artificial

lighting. In the case of artificial lighting, it must function for a period at least

equivalent to the period of natural light normally available between 9 a.m. and 5

p.m. In addition, suitable lighting (fixed or portable) strong enough to allow the

calves to be inspected at any time must be available.

6. All housed calves shall be inspected by the owner or the person responsible

for the animals at least twice daily and calves kept outside shall be inspected at least

once daily. Any calf which appears to be ill or injured shall be treated appropriately

without delay and veterinary advice shall be obtained as soon as possible for any calf

which is not responding to the stock-keeper's care. Where necessary, sick or injured

calves shall be isolated in adequate accommodation with dry, comfortable bedding.

7. The accommodation for calves must be constructed in such way as to allow

each calf to lie down, rest, stand up and groom itself without difficulty.

8. Calves shall not be tethered, with the exception of group-housed calves

which may be tethered for periods of not more than one hour at the time of feeding

milk or milk substitute. Where tethers are used, they shall not cause injury to the

calves and shall be inspected regularly and adjusted as necessary to ensure a

comfortable fit. Each tether shall be designed to avoid the risk of strangulation or

injury and to allow the calf to move in accordance with point 7 of this Schedule.

9. Housing, pens, equipment and utensils used for calves must be properly

cleaned and disinfected to prevent cross-infection and the build-up of disease

carrying organisms. Faeces, urine and uneaten or spilt food must be removed as

often as necessary to minimise smell and avoiding attracting flies or rodents.

(1) For the purposes of these regulations -

"the Act" means the Animal Welfare Act;

"authorisation" means any authorisation granted in terms of the

Veterinary Services Act to breed annimals of the bovine species,

and in relation to owners or keepers and their services means a

permit, licence, warrant, appointment, concession or any decision

concerning access to a service activity or the exercise thereof;

"calf" shall mean a bovine animal up to six months old;

"competent authority"means the Department of Veterinary Services

as defined in the Veterinary Services Act;

"Director" means the Director for Veterinary Services as defined in

the Veterinary Services Act;

"final consumer" means any natural or legal person purchasing

animals and animal products subject to trade for his own personal use

and not for resale or transfer purposes;

"keeper" means any natural or legal person responsible for or in

charge of calves in terms of contract or by law whether on a

permanent or temporary basis;

"owner" means any natural or legal person or persons owning the

holding where calves are kept;

"the product" means any product of animal origin intended for

final consumers or for trading purposes;

"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);

"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.

(2) Without prejudice to the provisions of sub-regulation (1),

terms and expressions used in these regulations which are not defined

herein, shall unless the context otherwise requires, have the same

meaning as assigned to them in the Act.

(1) From 1 January 2004, in the territory of Malta, the

following provisions shall apply on all newly built or rebuilt

holdings and on all those brought into use after that date -

(a) no calf shall be confined in an individual pen after the

age of eight (8) weeks, unless a veterinarian certifies

that the health or behaviour of the animal requires it to

be isolated in order to receive treatment

Provided that the width of any individual pen for a calf

shall be at least equal to the height of the calf at the

withers, measured when the calf is in standing

position, and the length shall be at least equal to the

body length of the calf itself, measured from the tip of

the nose to the caudal edge of the tuber ischii (pin

bone), multiplied by one point one (1.1)

Provided further that the individual pens for calves,

except those for isolating sick animals, shall not have

solid walls, but perforated walls which allow the

calves to have direct visual and tactile contact

Provided further that this paragraph shall not apply to

holdings with fewer than six (6) calves and calves kept

with their mothers for suckling;

(b) for calves kept in groups, the unobstructed space

allowance available to each calf shall be at least equal

to 1.5 m 2 for each calf with a live weight of less than

150 kilograms, at least equal to 1.7 m 2 for each calf

with a live weight of 150 kilograms or more but less

than 220 kilograms, and at least equal to 1.8 m 2 for

each calf with a live weight of 220 kilograms or more.

However, the provisions of this paragraph shall not

apply to -

(i) holdings with fewer than six calves;

(ii) calves kept with their mothers for suckling.

(2)

Repealed by Legal Notice 214 of 2023.

(3)

Repealed by Legal Notice 214 of 2023.

(4)

The provisions of sub-regulation (3) shall not apply to

holdings with fewer than six calves.

(5) The Director shall apply all such necessary administrative

measures conforming to the requirements of the Food Chain and

Animal Health according to the requirements of these regulations,

to ensure that there is no breach of these regulations and also to

reduce the risk for final consumers and any additional risk to

animals and to the environment.

(6) These measures shall include the direct confiscation of the

product, the suspension of the activities carried out by the owner or

keeper of the animals, being primarily responsible for animal

welfare, and the withdrawal, forfeiture or suspension of the

authorisation, licence or permit with regard to such activities when

these are creating a risk to the final consumer and to the

environment

Provided that the Director may not return to the owners and

keepers the product confiscated or in any way removed and may

dispose of the product as the Director may deem fit

Provided further that any expenses related to the confiscation

and disposal of the product shall be borne by the offendor in their

entirety.

The Veterinary Services shall ensure that the conditions for

rearing calves comply with the general provisions laid down in the

Schedule.

Repealed by Legal Notice 214 of 2023.

In the territory of Malta, inspections and reporting are to be

carried out in accordance with the provisions of Regulation (EU) 2017/

625.

In order to be imported into the territory of Malta, animals

coming from a non-Member State, must be accompanied by a

certificate issued by the competent authority of that country,

certifying that they have received treatment at least equivalent to

that granted to animals of European Community origin as provided

for by these regulations.

Commission experts from the European Commission may

carry out on-the-spot inspections in co-operation with the Veterinary

Services. The persons carrying out these inspections shall implement

the special personal hygiene measures necessary to exclude any risk of

transmission of disease. The Veterinary Services shall give all

necessary assistance to the experts in carrying out their duties. In

particular, the same type of access given to officials of the competent

authority shall be given to all concerned persons, as well as

information, documentation and access to places, establishments,

installations and means of transport in order for the inspections to be

carried out. The Veterinary Services shall take any measures deemed

necessary to take account of the results of the inspections. With regard

to relations with third countries, the provisions of Regulation (EU)

2017/625 shall apply.

(1) Subject to the provisions of these regulations and of the

Animal Welfare Act, a person who infringes any of the provisions

arising from these regulations, shall, on conviction, be liable to a

fine (multa) of not less than four thousand and six hundred and

f i f ty - e i g h t e u r o a n d s e v e n t y - f i v e c e n t s ( 4 , 6 5 8 . 7 5 ) an d n o t

exceeding thirteen thousand and nine hundred and seventy-six euro

and twenty-four cents (13,976.24).

(2) Any person who fails to abide by these regulations shall, on

conviction, also be liable to the provisions and measures of

regulation 3(5) and (6).

(3) Any right given to the competent authority under these

regulations to apply all such necessary measures prescribed in

regulation 3(5) and (6), shall be given to the Authority without

prejudice to other criminal procedures which may be taken under

the Act or any other law when a person commits an offence by

failing to abide by these regulations.

(4) The provisions of article 47 of the Act shall apply whenever

the Director has reasonable cause to believe that an offence against

these regulations has been committed.

CALVES (PROTECTION)

Floors must be smooth but not slippery so as to prevent injury to the calves

and so designed as not to cause injury or suffering to calves standing or lying on

them. They must be suitable for the size and weight of the calves and form a rigid,

even and stable surface. The lying area must be comfortable, clean, and adequately

CALVES (PROTECTION)

drained and must not adversely affect the calves. Appropriate bedding must be

provided for all calves less than two weeks old.

All calves shall be provided with an appropriate diet adapted to their age,

weight and behavioural and physiological needs, to promote good health and

welfare. To this end, their food shall contain sufficient iron to ensure an average

blood haemoglobin level of at least 4, 5 mmol/litre and a minimum daily ration of

fibrous food shall be provided for each calf over two weeks old, the quantity being

raised from 50 g to 250 g per day for calves from eight to 20 weeks old. Calves shall

not be muzzled.

All calves must be fed at least twice a day. Where calves are housed in

groups and not fed ad libitum, or by an automatic feeding system, each calf must

have access to the food at the same time as the others in the group.

All calves over two weeks of age must have access to a sufficient quantity of

fresh water or be able to satisfy their fluid intake needs by drinking other liquids.

However, in hot weather conditions, or for calves which are ill, fresh drinking water

shall be available at all times.

Feeding and watering equipment must be designed, constructed, placed and

maintained so that contamination of the calves’ feed and water is minimised.

Each calf shall receive bovine colostrum as soon as possible after it is born

and in any case within the first six hours of life.