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SURGICAL OPERATIONS ON ANIMALS REGULATIONS

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Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

SURGICAL OPERATIONS ON ANIMALS

SUBSIDIARY LEGISLATION 439.18

SURGICAL OPERATIONS ON ANIMALS

REGULATIONS

12th June, 2015

LEGAL NOTICE 194 of 2015, as amended by Legal Notice 207 of 2025.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

The title of these regulations is the Surgical Operations on

Animals Regulations.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

(1) Unless stated otherwise in these regulations, the

definitions contained under the Animal Welfare Act and in the

Veterinary Services Act shall apply.

(2)

The following additional definitions shall also apply

"curative purposes" refers to veterinary surgery or surgical

operations intended to be of benefit to the animal and includes

interventions which

(a) are necessary to heal an animal from an ailment or

disorder; or

(b) are deemed necessary as preventive measures by the

veterinary surgeon in charge of the animal’s health and

well being;

"Director" means the Director for Animal Welfare;

"identification document" means an official passport in accordance

with Regulation (EU) No 576/2013 of the European Parliament and of

the Council of 12 June 2013 on the non-commercial movement of pet

animals and repealing Regulation (EC) No 998/2003, Commission

Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the

model identification documents for the non-commercial movement of

dogs, cats and ferrets, the establishment of lists of territories and third

countries and the format, layout and language requirements of the

declarations attesting compliance with certain conditions provided for in

Regulation (EU) No 576/2013 of the European Parliament and of the

Council, Commission Implementing Regulation (EU) 2015/262 of 17

February 2015 laying down rules pursuant to Council Directives 90/

4 2 7 / E E C a n d 2 0 0 9 / 1 5 6 / E C a s r e g a r d s t h e met ho ds fo r th e

identification of equidae (Equine Passport Regulation), and with respect

to other species, unless there are other rules regulating the registration

of the type of animal concerned, a document issued by a warranted

veterinary surgeon;

"surgical operations" means any medical procedure involving

incisions with instruments and, or manipulation of an animal’s

body;

"veterinary surgery" shall refer to the process of carrying out

surgical operations.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

(1) The scope of these regulations is to regulate surgical

operations that may be carried out on animals as part of veterinary

surgery.

(2)

These regulations shall apply to all surgical operations

SURGICAL OPERATIONS ON ANIMALS

carried out as part of veterinary surgery in Malta.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

(1) Veterinary surgery shall only be performed by a

v et e r i n ar y s u rg e o n w h o i s w a r r a n t e d a n d r e g i s t e r e d i n t h e

Ve t e r i n a r y S u rg e o n s R e g i s t e r i n t e r m s o f a r t i c l e 4 3 o f t h e

Veterinary Services Act.

(2) All surgical operations, except those mentioned in sub-

regulation (3) are to be carried out in establishments approved

u n d e r t h e P r i v a t e Ve t e r i n a r y E s t a b l i s h m e n t s ( L i c e n s i n g )

Regulations

Provided that the provisions of this sub-regulation shall not

apply to surgical operations involving food production animals,

equids and zoo animals.

(3) Without prejudice to the generality of sub-regulation (1),

the following persons may perform interventions in a limited

manner as herein described

(a) licensed pig farmers and breeders may

(i)

perform uniform reductions of corner teeth of

piglets by grinding or clipping not later than the

seventh day of life leaving an intact smooth

surface;

(ii) perform reductions of boars’ tusks in length

when necessary to prevent injuries to other

animals or for safety reasons;

(iii) dock pigs’ tails;

(iv) castrate male piglets without tearing of tissue;

and

(v) perform nose-ringing only when the animals are

kept in outdoor husbandry systems

Provided that neither tail-docking nor reduction of

corner teeth shall be carried out routinely but only

where there is evidence that injuries to sows’ teats

or to other pigs’ ears or tails has occurred;

(b) licensed chicken farmers and breeders may debeak

their pullets with the aid of certified equipment within

ten (10) days from the birth of the chicks and

exclusively on their own stock intended for laying;

(c) licensed or registered ruminant farmers and breeders

may

(i)

destroy or remove the horns of animals under

four (4) weeks of age by chemical or heat

cauterization with instruments that produce

sufficient heat for at least ten (10) seconds;

(ii) nose-ring bulls and cows with the appropriate

instruments; and

(d) any person authorised by the Director may puncture or

notch animals’ ears in an appropriate manner intended

for identification.

SURGICAL OPERATIONS ON ANIMALS

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

(1) Without prejudice to the provisions of regulation 4, it

shall not be permissible to carry out any of the following surgical

operations

(a) surgical operations for the purpose of modifying the

appearance or performance of an animal through the

removal or alteration of a part or more parts of the

animal’s body;

(b) tail docking;

(c) devocalization;

(d) declawing;

(e) defanging; and

(f)

ear cropping.

(2) The general prohibition contained in sub-regulation (1) is

subject to derogations where the mentioned interventions are

required for curative purposes and, or in the interest of the well-

being of the animal.

(3) All interventions shall be performed by a warranted and

registered veterinary surgeon.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

(1) Animals subjected to any intervention outlined in

regulation 5(1), except for neutering of both males and females of

all species, shall, prior to or on the date of the intervention

(a) be microchipped; and

(b)

be in possession of an Identification document.

(2) Interventions carried out under regulation 5(1) shall be

registered in the animal’s Identification document by the veterinary

surgeon conducting such intervention.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

Surgical operations shall only be carried out in line with

good veterinary practice.

Laws of Malta — Subsidiary Legislation 439.18 — SURGICAL OPERATIONS ON ANIMALS REGULATIONS

Any person who contravenes or acts in violation of these

regulations shall, on conviction, be liable to the penalties outlined

in articles 45 and 47 of the Animal Welfare Act.

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