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ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT REGULATIONS

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Laws of Malta — Subsidiary Legislation 439.23 — ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT REGULATIONS

COMMITTED AGAINST THE ANIMAL WELFARE ACT

SUBSIDIARY LEGISLATION 439.23

ADMINISTRATIVE PENALTIES RELATING TO

OFFENCES COMMITTED AGAINST THE ANIMAL

WELFARE ACT REGULATIONS

3rd September, 2021

LEGAL NOTICE 342 of 2021, as amended by Legal Notices 148,

149, 183 and 199 of 2024.

Laws of Malta — Subsidiary Legislation 439.23 — ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT REGULATIONS

(1)

The title of these regulations is the Administrative

Penalties relating to Offences committed against the Animal Welfare

Act Regulations.

(2)

The main scope of these regulations is to promote and

protect the welfare, safety and health of animals, to ensure proper and

humane management of animals, and to ensure that animals are

properly treated by their owner and, or carer.

(3) These regulations lay down the administrative penalties that

shall be applied in relation to offences under the Animal Welfare Act

and any regulations made thereunder.

Laws of Malta — Subsidiary Legislation 439.23 — ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT REGULATIONS

L.N. 148 of 2024; 

Administrative Penalties by Category

L.N. 149 of 2024; 

L.N. 199 of 2024; 

L.N. 183 of 2024.

Administrative penalties to be imposed on individuals who admit an offence in terms of

article 47 of the Animal Welfare Act

Category

Article or

Offence: Act or

Administrative

Court penalties when

Regulation

Omission

Penalties

found guilty

Minimum -

Maximum

ꞏ Failing to provide the animal with

ꞏ Adequate food and water leading

article 8(4)

€2,000 - €3,000

On first conviction – fine

of not less than €2,000

to malnourishment and, or

and not more than

dehydration;

€65,000 or to a term of

imprisonment of three (3)

years or to both such fine

and imprisonment. 

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment

Animal

article 8(4)

ꞏ Adequate shelter leading to

€2,000 - €3,000

Care

suffering and, or distress;

article 8(4)

ꞏ Opportunity to display behavior

€2,000 - €4,000

that is normal for the animal;

article 8(4)

ꞏ Adequate treatment for illness,

€2,000 - €5,000

disease, and injury.

article 8(2)

ꞏ When an individual abandons an

€2,000 - €6,000

animal.

S.L. 439. 01.

ꞏ Where any of the above acts or

€2,000 - €5,000

A person who infringes

any of the provisions

omissions constitute an offence

S.L. 439. 07.

arising from these

under the Calves (Protection)

regulations, shall, on

S.L. 439. 09.

Regulations, the Laying Hens

conviction be liable to a

(Protection) Regulations or the

fine (multa) of not less

Farm Animals (Protection)

than €4,658.75 and not

Regulations.

exceeding €13,976.24

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ Causing cruelty to animals

On first conviction – fine

of not less than €2,000

through

and not more than

article 8(2)

ꞏ Beating that causes pain

€3,000 - €6,000

€65,000 or to a term of

imprisonment of three (3)

articles 8(2) and

€3,000 - €6,000

ꞏ Causing physical and mental

years or to both such fine

(4)

distress (including through

and imprisonment.

methods of terror and torment)

On second or subsequent

articles 8(2) and

ꞏ Injuring and, or wounding that is

€3,000 - €6,000

conviction – fine of not

(4)

unjustifiable, unnecessary or

less than €6,000 and not

unreasonable in the circumstances

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment

article 9

ꞏ Surgical operations for the

€3,000 - €6,000

Cruelty

purposes of modifying the

appearance of an animal other than

for a curative purpose

article 13(1)

ꞏ Any of the above acts of cruelty

€6,000 - €12,000

that causes the death of the animal

ꞏ Causing or intending to cause the

articles 8(4) and

€6,000 - €10,000

13(1)

death of or serious injury to the

animal

S.L. 439. 01.

ꞏ Where any of the above acts or

€2,000 - €5,000

A person who infringes

any of the provisions

omissions constitute an offence

S.L. 439. 07.

arising from the

under the Calves (Protection)

regulation, shall, on

S.L. 439. 09.

Regulations, the Laying Hens

conviction be liable to a

(Protection) Regulations or the

fine (multa) of not less

Farm Animals (Protection)

than €4,658.75 and not

Regulations.

exceeding €13,976.24

Confinemen

Cap. 439

ꞏ Confinement of the animal

€2,000 - €4,000

On first conviction – fine

t of pet

article 8(4)

of not less than €2,000

without adequate exercise

animals

and not more than

€65,000 or to a term of

ꞏ Confinement of the animal that

article 8(4)

€2,000 - €6,000

imprisonment of three (3)

causes injury, unnecessary pain or

years or to both such fine

distress to the animal.

and imprisonment. On

second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ Where any of the above acts or

S.L. 439. 01.

€2,000 - €5,000

A person who infringes

any of the provisions

omissions constitute an offence

S.L. 439. 07.

arising from the

under the Calves (Protection)

regulation, shall, on

S.L. 439. 09.

Regulations, the Laying Hens

conviction be liable to a

(Protection) Regulations or the

fine (multa) of not less

Farm Animals (Protection)

than €4,658.75 and not

Regulations.

exceeding €13,976.24

ꞏ Tied up permanently

€2,000 - €3,500

On first conviction – fine

of not less than €2,000

ꞏ Permanent tethering of dogs

€2,000 - €3,500

articles 7(1)(c)

and not more than

and 8(4)

€65,000 or to a term of

imprisonment of three (3)

S.L. 439. 21.

years or to both such fine

regulation 3(1)

and imprisonment.

Tethering of

domestic

On second or subsequent

animals

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

ꞏ Administering poison that causes

€2,000 - €3,500

On first conviction – fine

articles 8(2) and

of not less than €2,000

unnecessary pain, suffering or

(4)

and not more than

distress to a domestic or stray

€65,000 or to a term of

animal

imprisonment of three (3)

years or to both such fine

and imprisonment.

Poisoning

articles 8(2),

€2,000 - €6,500

On second or subsequent

ꞏ Administering poison that causes

(4), 13(1) and

conviction – fine of not

the death of, or injury to, a

(5)

less than €6,000 and not

domestic or stray animal

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ The injuring of an animal which is

€2,000 - €6,500

On first conviction – fine

articles 8(2) and

of not less than €2,000

not followed by reasonable steps

(4)

and not more than

to alleviate any pain suffered by

€65,000 or to a term of

the animal.

imprisonment of three (3)

years or to both such fine

and imprisonment.

Alleviation

On second or subsequent

of Pain

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

ꞏ Transportation and containment of

€2,000 - €3,500

On first conviction – fine

articles 8(2) and

of not less than €2,000

an animal in circumstances under

(4)

and not more than

which the animal is subjected to

€65,000 or to a term of

Non-

unnecessary injury, pain and, or

imprisonment of three (3)

compliance

suffering.

years or to both such fine

with legal

article 23(1)

ꞏ Non-compliance with

and imprisonment.

requirements

requirements for the transport of

for the

€2,000 - €6,000

animals

transport of

On second or subsequent

animals

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

S.L. 439. 05.

ꞏ Where any of the above acts or

€3,000 - €11,000 A person who infringes

any of the provisions

omissions constitute an offence

S.L. 439. 10.

arising from the

under the Carriage of Livestock

regulation, shall, on

(Road Vehicle Standards for

conviction be liable to a

Journeys Exceeding Eight Hours)

fine (multa) of not less

Regulations or the Animals

than €11,646.87 and not

Transport (Protection)

exceeding €34,940.60

Regulations.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ Use for work, riding, driving or

€2,000 - €6,000

On first conviction – fine

articles 8(2) and

of not less than €2,000

otherwise using an animal unfit for

(4)

and not more than

the use

€65,000 or to a term of

imprisonment of three (3)

years or to both such fine

Use unfit

and imprisonment.

animals for

work or

On second or subsequent

other

conviction – fine of not

activity

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

ꞏ When a person is in any way

€2,000 - €7,000

On first conviction – fine

of not less than €2,000

responsible for the organisation of

article 31

and not more than

any of the following activities and,

€65,000 or to a term of

or the involvement of an animal in

imprisonment of three (3)

such activities

years or to both such fine

Matches,

ꞏ Fights between animals

and imprisonment.

com-

articles 8(2), (3)

ꞏ A match, competition or any other

petitions or

and (4)

On second or subsequent

activity in which an animal is

any other

conviction – fine of not

released from captivity for the

activity

less than €6,000 and not

purpose of being hunted, caught,

more than €80,000 or to a

confined, injured or killed by a

term of imprisonment of

person (by the use of a firearm or

three (3) years or to both

otherwise) or another animal

such fine and

imprisonment.

€2,000 - €7,000

article 13(1)

ꞏ Using or allowing an animal to kill

another animal

articles 8(2) and

ꞏ Owning, keeping, or using an

€2,000 - €7,000

(4)

animal with the intention of

ꞏ Using the animal as a lure for

article 13(1)

blooding greyhounds; or

articles 8(2) and

ꞏ Killing the animal for the purpose

(4)

of blooding greyhounds; or

ꞏ Using the animal in any other way

in relation to the training and

racing of coursing dogs

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ Body of animal taking part in a

€2,000 - €7,000

On first conviction – fine

article 30(1)

of not less than €2,000

competition found to contain one

and not more than

or more of the substances specified

€65,000 or to a term of

in the regulations made by the

imprisonment of three (3)

Minister, the ingredients whereof

Sub-stances

years or to both such fine

or the metabolites of which exceed

found in the

and imprisonment. 

the maximum quantity established

animal’s

On second or subsequent

in the said regulations

body taking

conviction – fine of not

part in a

less than €6,000 and not

compet-ition

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

ꞏ When an individual obstructs,

€2,000

On first conviction – fine

article 44B(6)

of not less than €2,000

molests, interferes or Fails to

and not more than

cooperate with an authorised

€65,000 or to a term of

officer (including failure to give

imprisonment of three (3)

requested information to the

Failure to

years or to both such fine

authorised officer such as name,

and imprisonment. 

cooperate

Identity Card number and

with

On second or subsequent

address).

authorised

conviction – fine of not

officer

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

ꞏ Non-compliance in relation to

€2,000 - €5,000

On first conviction – fine

article 8(4)

of not less than €2,000

housing and dietary requirements

Non

and not more than

for animals

compliance

€65,000 or to a term of

ꞏ Non-compliance in relation to

with farm

imprisonment of three (3)

S.L. 439. 02.

housing and dietary requirements

animals

years or to both such fine

for pigs.

and imprisonment. 

regulations

including

On second or subsequent

those

conviction – fine of not

specific for

less than €6,000 and not

calves, pigs,

more than €80,000 or to a

broilers,

term of imprisonment of

hens

three (3) years or to both

such fine and

imprisonment.

ꞏ Where any of the above acts or

S.L. 439. 01.

€2,000 - €5,000

A person who infringes

any of the provisions

omissions constitute an offence

S.L. 439. 07.

arising from the

under the Calves (Protection)

regulation, shall, on

S.L. 439. 09.

Regulations, the Laying Hens

conviction be liable to a

(Protection) Regulations, or the

fine (multa) of not less

Farm Animals (Protection)

than €4,658.75 and not

Regulations.

exceeding €13,976.24

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ Non-compliance with

S.L. 439. 04.

€3,000 - €11,000 A person who infringes

regulation 5

any of the provisions

requirements of the Staging Points

arising from the

Regulations.

Staging

regulation, shall, on

points

conviction be liable to a

fine (multa) of not less

than €11,646.87 and not

exceeding €34,940.60

ꞏ Non-compliance with

€2,000 - €6,000

On first conviction – fine

of not less than €2,000

requirements for the transport of

article 23(1)

and not more than

animals.

€65,000 or to a term of

Non-

imprisonment of three (3)

compliance

years or to both such fine

and imprisonment. 

with legal

requirement

On second or subsequent

s for the

conviction – fine of not

transport of

less than €6,000 and not

animals

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

S.L. 439. 05.

€3,000 - €11,000 A person who infringes

ꞏ Where any of the above acts or

any of the provisions

omissions constitute an offence

S.L. 439. 10.

arising from the

under the Carriage of Livestock

regulation, shall, on

(Road Vehicle Standards for

conviction be liable to a

Journeys Exceeding Eight Hours)

fine (multa) of not less

Regulations or the Animals

than €11,646.87 and not

Transport (Protection)

exceeding €34,940.60

Regulations.

Animals

ꞏ Carrying out experimentation

€2,000 - €15,000 On first conviction – fine

kept for

articles 32,

of not less than €2,000

without a licence or not in line

scientific

35(1) and 38

and not more than

with the licence

purposes

€65,000 or to a term of

€2,000 - €5,000 imprisonment of three (3)

article 8(4)

ꞏ Animals kept in an unsuitable

years or to both such fine

environment

and imprisonment.

articles 38 and

ꞏ Animals made to suffer more than

€5,000 - €25,000

On second or subsequent

necessary in breach of the Animal

conviction – fine of not

Welfare Act.

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ A person managing, organising,

€10,000

On first conviction – fine

of not less than €2,000

setting-up or operating a zoo

and not more than

without a licence

€65,000 or to a term of

S.L. 439. 19.

ꞏ Keeping of dangerous animals in

€10,000

imprisonment of three (3)

regulation 4

an unregistered site

years or to both such fine

and imprisonment.

ꞏ Keeping of unregistered

S.L. 439. 19.

€15,000 per

regulation 4

animal but in

dangerous animals in an

On second or subsequent

any case not

unregistered site

conviction – fine of not

more than

less than €6,000 and not

Zoos and

€80,000 (if more

more than €80,000 or to a

keeping of

than one animal)

term of imprisonment of

dangerous

S.L. 439.29.

€8,000 -

ꞏ Inadequate enclosure and micro-

three (3) years or to both

animals

S.L. 439. 19.

€40,000.

such fine and

climate conditions after licence is

regulation 5

imprisonment.

issued

S.L. 439.29.

ꞏ Keeping or introducing dangerous

€8,000

S.L. 439. 19.

animals without the approval of

the Director at a licensed

registered site or zoo. Keeping or

introducing dangerous animals

without the approval of the

Director at a site operated as an

unlicensed zoo.

S.L. 439. 16.

ꞏ Operating without a licence

€2,000

On first conviction – fine

regulation 3(1)

of not less than €2,000

and not more than

€65,000 or to a term of

imprisonment of three (3)

years or to both such fine

and imprisonment.

Pet shops

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

ꞏ Operating without a licence

S.L. 439. 14.

€2,000

On first conviction – fine

regulation 3(1)

of not less than €2,000

and not more than

€65,000 or to a term of

imprisonment of three (3)

years or to both such fine

and imprisonment.

Animal

Sanctuaries

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

Circuses

Cap. 439 article

ꞏ Use of animals in breach of Article

€2,000

On first conviction – fine

31A

of not less than €2,000

31A under Part X A entitled

and not more than

Circuses of the Animal Welfare

€65,000 or to a term of

Act

imprisonment of three (3)

years or to both such fine

and imprisonment. 

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

ꞏ Non-compliance and, or acts and

€2,000

On first conviction – fine

of not less than €2,000

omissions constituting an offence

and not more than

under the Use of Karozzini

€65,000 or to a term of

Regulations.

imprisonment of three (3)

years or to both such fine

and imprisonment. 

Karozzini

On second or subsequent

conviction – fine of not

less than €6,000 and not

more than €80,000 or to a

term of imprisonment of

three (3) years or to both

such fine and

imprisonment.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

On

first

S.L. 439.28.

Breeding of non-pedigree bully type

Not more than

conviction a person, shall

(regulation 3)

dogs

€1,000

be liable to a fine (multa)

S.L. 439.28.

ꞏ Keeping, sale or advertisement of

Not more than

of not less than €2,000,

(regulation 4)

€1,000

but

not

exceeding

non-pedigree bully type dogs

€65,000 or to a term of

imprisonment of three (3)

Prohibition

years, or to both such fine

of breeding

and imprisonment.

and keeping

of non-

On second or subsequent

pedigree

conviction, a person shall

bully type

be liable to a fine (multa)

dogs

of not less than €6,000,

but not exceeding

€80,000, or to a term of

imprisonment of three (3)

years, or to both such fine

and imprisonment.

S.L. 439.25.

ꞏ Operating or managing a pet

Not more than

On first conviction, a

regulation 3

€1,000

person shall be liable to a

grooming establishment without

fine (multa) of not less

being registered with the

than €2,000, but not

Directorate

exceeding €65,000.

S.L. 439.25.

ꞏ Operating a pet grooming

Not more than

Standards

On second or subsequent

regulation 4

€1,500

establishment or carrying out pet

conviction, a person shall

for

be liable to a fine (multa)

grooming activities in the absence

Operating

of not less than €5,000,

of adequate personnel

Pet

but not exceeding

ꞏ

Grooming

€100,000.

Establish-

ꞏ Failure to keep adequate records

S.L. 439.25.

Not more than

ments

regulation 5

€1,000

ꞏ Inadequate enclosures

S.L. 439.25.

Not more than

regulation 7

€1,000

ꞏ Inadequate administration of

S.L. 439.25.

Not more than

regulation 10

€1,500

veterinary medication

COMMITTED AGAINST THE ANIMAL WELFARE ACT

On

ꞏ Operating without a licence

€2,000

conviction a person shall

be liable to a fine (multa)

of not less than €2,000,

but

not

exceeding

€65,000 or to a term of

imprisonment

Pet

exceeding three (3) years

boarding

or to both such fine and

accommoda

imprisonment.

tion

On second or subsequent

establish-

conviction a person shall

ments for

be liable to a fine (multa)

cats and

of not less than €6,000

dogs

but not exceeding

€80,000 or to a term of

imprisonment not

exceeding three (3) years

or to both such fine and

imprisonment.

On

ꞏ Operating or managing a pet

Not more than

conviction a person shall

€1000

sitting accommodation without

be liable to a fine (multa)

being registered with the Director

of not less than €2,000,

but

not

exceeding

€65,000.

Pet sitting

accommo-

On second or subsequent

dations

conviction a person shall

be liable to a fine (multa)

of not less than €5,000,

but not exceeding

€100,000.

Any person who breaches any other provision of the Animal Welfare Act or

regulations made thereunder, and which may give rise to the imposition of an

administrative penalty not otherwise specifically provided for in this Schedule, shall be

liable to a penalty of not less than €2,000 and not more than €50,000.

Laws of Malta — Subsidiary Legislation 439.23 — ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT REGULATIONS

When administrative penalties are imposed according to

article 47 of the Animal Welfare Act, the penalties listed in the

Schedule shall be applicable.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

Amended by: 

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