MINIMUM STANDARDS FOR THE PROTECTION OF PIGS REGULATIONS

SUBSIDIARY LEGISLATION 439.02

MINIMUM STANDARDS FOR THE PROTECTION

OF PIGS REGULATIONS

4th December, 2015

LEGAL NOTICE 388 of 2015, as amended by Legal Notice 264 of 2023.

(1) The title of these regulations is the Minimum Standards

for the Protection of Pigs Regulations.

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

Directive 2008/120/EC of 18 December 2008 laying down minimum

standards for the protection of pigs.

CHAPTER I

GENERAL CONDITIONS

In addition to the relevant provisions of the Annex to Directive 98/58/EC, the

following requirements apply

1. In the part of the building where pigs are kept continuous noise levels as

loud as 85 dBA shall be avoided. Constant or sudden noise shall be avoided.

2. Pigs must be kept in light with an intensity of at least 40 lux for a minimum

period of eight hours per day.

3. The accommodation for pigs must be constructed in such a way as to allow

the animals to

-

have access to a lying area physically and thermally comfortable as well

as adequately drained and clean which allows all the animals to lie at

the same time,

-

rest and get up normally,

-

see other pigs; however, in the week before the expected farrowing time

and during farrowing, sows and gilts can be kept out of the sight of

conspecifics.

4. Notwithstanding the provisions of regulation 3(5), pigs must have

permanent access to a sufficient quantity of material to enable proper investigation

and manipulation activities, such as straw, hay, wood, sawdust, mushroom compost,

peat or a mixture of such, which does not compromise the health of the animals.

5. Floors must be smooth but not slippery so as to prevent injury to the pigs

and so designed, constructed and maintained as not to cause injury or suffering to

pigs. They must be suitable for the size and weight of the pigs and, if no litter is

provided, form a rigid, even and stable surface.

6. All pigs must be fed at least once a day. Where pigs are fed in groups and

not ad libitum or by an automatic system feeding the animals individually, each pig

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

7. All pigs over two weeks of age must have permanent access to a sufficient

quantity of fresh water.

8. All procedures intended as an intervention carried out for other than

therapeutic or diagnostic purposes or for the identification of the pigs in accordance

with relevant legislation and resulting in damage to or the loss of a sensitive part of

the body or the alteration of bone structure shall be prohibited with the following

exceptions

-

a uniform reduction of corner teeth of piglets by grinding or clipping

not later than the seventh day of life of the piglets leaving an intact

smooth surface; boars’ tusks may be reduced in length where necessary

to prevent injuries to other animals or for safety reasons,

-

docking of a part of the tail,

-

castration of male pigs by other means than tearing of tissues,

-

nose-ringing only when the animals are kept in outdoor husbandry

systems and in compliance with national legislation.

Neither tail-docking nor reduction of corner teeth must be carried out routinely but

only where there is evidence that injuries to sows’ teats or to other pigs’ ears or tails

have occurred. Before carrying out these procedures, other measures shall be taken

to prevent tail-biting and other vices, taking into account environment and stocking

densities. For this reason inadequate environmental conditions or management

systems must be changed.

Any of the procedures described above shall only be carried out by a veterinarian

or a person trained as provided in regulation 5 and experienced in performing the

applied techniques with appropriate means and under hygienic conditions. If

castration or docking of tails is practised after the seventh day of life, it shall only be

performed under anaesthetic and additional prolonged analgesia by a veterinarian.

CHAPTER II

SPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGS

A.

Boars

Boar pens must be sited and constructed so as to allow the boar to turn round and

to hear, smell and see other pigs.

The unobstructed floor area available to an adult boar must be at least 6 m 2 .

Where pens are also used for natural service the floor area available to an adult

boar must be at least of 10 m 2 and the pen must be free of any obstacles.

B.

Sows and gilts

1. Measures shall be taken to minimise aggression in groups.

2. Pregnant sows and gilts must, if necessary, be treated against external and

internal parasites. If they are placed in farrowing crates, pregnant sows and gilts

must be thoroughly cleaned.

3. In the week before the expected farrowing time sows and gilts must be given

suitable nesting material in sufficient quantity unless it is not technically feasible for

the slurry system used in the establishment.

4. An unobstructed area behind the sow or gilt must be available for the ease of

natural or assisted farrowing.

5. Farrowing pens where sows are kept loose must have some means of

protecting the piglets, such as farrowing rails.

C.

Piglets

1. A part of the total floor, sufficient to allow the animals to rest together at the

same time, must be solid or covered with a mat, or be littered with straw or any other

suitable material.

2. Where a farrowing crate is used, the piglets must have sufficient space to be

able to be suckled without difficulty.

3. No piglets shall be weaned from the sow at less than twenty-eight days of

age unless the welfare or health of the dam or the piglet would otherwise be

adversely affected.

However, piglets may be weaned up to seven days earlier if they are moved into

specialised housings which are emptied and thoroughly cleaned and disinfected

before the introduction of a new group and which are separated from housings where

sows are kept, in order to minimise the transmission of diseases to the piglets.

D.

Weaners and rearing pigs

1. When pigs are kept in groups, measures must be taken to prevent fighting

which goes beyond normal behaviour.

2. They should be kept in groups with as little mixing as possible. If pigs

unfamiliar with one another have to be mixed, this should be done at as young an age

as possible, preferably before or up to one week after weaning.

When pigs are mixed they shall be provided with adequate opportunities to escape

and hide from other pigs.

3. When signs of severe fighting appear the causes shall be immediately

investigated and appropriate measures taken, such as providing plentiful straw to the

animals, if possible, or other materials for investigation. Animals at risk or

particularly aggressive animals shall be kept separate from the group.

4. The use of tranquillising medicaments in order to facilitate mixing shall be

limited to exceptional conditions and only after consultation with a veterinarian.

(1) For the purposes of these regulations and unless the

context otherwise requires, the following definitions shall apply

"Act" means the Animal Welfare Act;

"boar" means a male pig after puberty, intended for breeding;

" "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 Animal Welfare Act;

"dry pregnant sow" means a sow between weaning her piglets

and the perinatal period;

"farrowing sow" means a female pig between the perinatal period

and the weaning of the piglets;

"gilt" means a female pig after puberty and before farrowing;

"pig" means an animal of the porcine species, of any age, kept

for breeding or fattening;

"piglet" means a pig from birth to weaning;

"rearing pig" means a pig from 10 weeks to slaughter or service;

"sow" means a female pig after the first farrowing;

"weaner" means a pig from weaning to the age of ten weeks.

(2) Unless the context otherwise requires, words and phrases

used in these regulations which are not defined herein shall have

the same meaning assigned to them in article 2 of the Act.

(1) All

holdings

shall

comply

with

the

following

requirements

(a) the unobstructed floor area available to each weaner or

rearing pig kept in a group, excluding gilts after

service and sows, must be at least

Live weight (kg)

Unobstructed floor Area

(m 2 )

Not more than 10

0,15

More than 10 but not more than 20

0,20

More than 20 but not more than 30

0,30

More than 30 but not more than 50

0,40

More than 50 but not more than 85

0,55

More than 85 but not more than 110

0,65

More than 110

1,00;

(b) the total unobstructed floor area available to each gilt

after service and to each sow when gilts and/or sows

are kept in groups must be at least 1,64 m 2 and 2,25 m 2

respectively. When these animals are kept in groups of

fewer than six individuals the unobstructed floor area

must be increased by 10%. When these animals are

kept in groups of 40 or more individuals the

unobstructed floor area may be decreased by 10%.

(2) Flooring

surfaces

shall

comply

with

the

following

requirements

(a) for gilts after service and pregnant sows: a part of the

area required in sub-regulation (1)(b), equal to at least

0,95 m 2 per gilt and at least 1,3 m 2 per sow, must be of

continuous solid floor of which a maximum of 15% is

reserved for drainage openings;

(b) when concrete slatted floors are used for pigs kept in

groups

(i)

the maximum width of the openings must be

-

11 mm for piglets,

-

14 mm for weaners,

-

18 mm for rearing pigs,

-

20 mm for gilts after service and sows;

(ii) the minimum slat width must be

-

50 mm for piglets and weaners, and

-

80 mm for rearing pigs, gilts after service

and sows.

(3) The construction of or conversion to installations in which

sows and gilts are tethered is prohibited.

(4) Sows and gilts shall be kept in groups during a period

starting from four weeks after the service to one week before the

expected time of farrowing. The pen where the group is kept must

have sides greater than 2,8 m in length. When fewer than six

individuals are kept in a group the pen where the group is kept must

have sides greater than 2,4 m in length

Provided that, sows and gilts raised on holdings with fewer

than 10 sows may be kept individually during the period mentioned

in this sub-regulation, provided that they can turn around easily in

their boxes.

(5)

Without prejudice to the requirements laid down in the

Schedule, sows and gilts shall have permanent access to

manipulable material at least complying with the relevant

requirements of that Schedule.

(6) Sows and gilts kept in groups shall be fed using a system

which ensures that each individual can obtain sufficient food even

when competitors for the food are present.

(7) All dry pregnant sows and gilts, in order to satisfy their

hunger and given the need to chew, shall be given a sufficient

quantity of bulky or high-fibre food as well as high-energy food.

(8) Pigs that have to be kept in groups, that are particularly

aggressive, that have been attacked by other pigs or that are sick or

injured may temporarily be kept in individual pens. In this case the

individual pen used shall allow the animal to turn around easily if

this is not in contradiction with specific veterinary advice.

(9) The provisions laid down in sub-regulation (4) shall not

apply to holdings with fewer than ten sows.

The conditions for rearing pigs comply with the general

provisions laid down in the Schedule

(1) Any person who employs or engages persons to attend

to pigs shall ensure that the person attending to the animals has

received instructions and guidance on the relevant provisions of

regulation 3 and the Schedule.

(2) The Director shall approve and monitor the appropriateness

of the training courses available on the protection of pigs in

particular to ensure the welfare aspect is adequately catered for.

(3) The Director may from time to time issue guidelines related

to the content, format and certification of training courses delivered

to persons attending pigs. Any course provider shall be obliged to

follow the guidelines issued by the Director.

(1) The competent authority shall carry out inspections in

order to ensure that the provisions of these regulations are being

complied with.

(2) The competent authority may carry out inspections in the case

of inspections made for other purposes which fall under its

competence and shall each year cover a statistically representative

sample of the different rearing systems used in Malta.

In order to be imported into the Community, animals

coming from a third country 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 Community origin as provided for by these regulations.

The Director may, in compliance with the general rules of

the Treaty, maintain or apply stricter provisions for the protection

of pigs than those laid down in these regulations.

(1) Any person who acts in contravention of these

regulations shall be guilty of an offence and shall, on conviction, be

liable to the penalties contemplated in 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 under

article 47 of the Act, the Director shall proceed in accordance with

the provisions of the said article 47 of the Act. Administrative

penalties shall be dealt in line with the requirements of article 47 of

the Act.

(3) The liability of an offender under sub-regulation (1) shall

be without prejudice to the powers of the Director for Veterinary

Services, or any other officer to suspend or revoke any licence,

permit or authorisation issued under the Act or any regulations

made thereunder.