LAYING HENS (PROTECTION) REGULATIONS

SUBSIDIARY LEGISLATION 439.07

LAYING HENS (PROTECTION) REGULATIONS

30th September, 2003

LEGAL NOTICE 264 of 2003, as amended by Legal Notices 426 of 2007

and 457 of 2021.

(1) The title of these regulations is the Laying Hens

(Protection) Regulations.

(2)

These regulations shall not apply to -

(a) establishments with fewer than 350 laying hens,

(b) establishments rearing breeding laying hens.

Such establishments shall, however, continue to be subject to the

relevant requirements of European Union Council Directive 98/58/

EC.

(3) The scope of these regulations is to implement the

provisions found under European Union Council Directive 1999/

74/EC laying down minimum standards for the protection of laying

hens.

In addition to the relevant provisions of the Annex to European Union Council

Directive 98/58/EC, the following requirements shall apply -

(1) All hens must be inspected by the owner or the person responsible for the

hens at least once a day.

(2) The sound level shall be minimised. Constant or sudden noise shall be

avoided. Ventilation f ans, f eedin g ma chi nery or o th er equ ip m ent sha ll be

constructed, placed, operated and maintained in such a way that they cause the least

possible noise.

(3) All buildings shall have light levels sufficient to allow all hens to see one

another and be seen clearly, to investigate their surroundings visually and to show

normal levels of activity. Where there is natural light, light apertures must be

arranged in such a way that light is distributed evenly within the accommodation.

After the first days of conditioning, the lighting regime shall be such as to prevent

health and behavioural problems. Accordingly it must follow a 24-hour rhythm and

include an adequate uninterrupted period of darkness lasting, by way of indication,

about one third of the day, so that the hens may rest and to avoid problems such as

immunodepression and ocular anomalies. A period of twilight of sufficient duration

ought to be provided when the light is dimmed so that the hens may settle down

without disturbance or injury.

(4) Those parts of buildings, equipment or utensils which are in contact with the

hens shall be thoroughly cleansed and disinfected regularly and in any case every

time depopulation is carried out and before a new batch of hens is brought in. While

the cages are occupied, the surfaces and all equipment shall be kept satisfactorily

clean.

Droppings must be removed as often as necessary and dead hens must be removed

every day.

(5)

Cages must be suitably equipped to prevent hens escaping.

(6) Accommodation comprising two or more tiers of cages must have devices or

appropriate measures must be taken to allow inspection of all tiers without difficulty

and facilitate the removal of hens.

(7) The design and dimensions of the cage door must be such that an adult hen

can be removed without undergoing unnecessary suffering or sustaining injury.

(8) Without prejudice to the provisions of provision 19 of the Annex to

European Union Council Directive 98/58/EC, all mutilation shall be prohibited. In

order to prevent feather pecking and cannibalism, however, the Veterinary Services

may authorise beak trimming provided it is carried out by qualified staff on chickens

that are less than 10 days old and intended for laying.

(1) The definitions in Article 2 of European Union Council

Directive 98/58/EC shall apply where necessary.

(2) In addition, the following definitions shall apply for the

purpose of these regulations

(a) "laying hens" means hens of the species Gallus gallus

which have reached laying maturity and are kept for

production of eggs not intended for hatching;

(b) "litter" means any friable material enabling the hens to

satisfy their ethological needs;

(c) "nest" means a separate space for egg laying, the floor

components of which may not include wire mesh that

can come into contact with the birds, for an individual

hen or for a group of hens (group nest);

(d) "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;

(d) "usable area" means an area at least 30 cm wide with a

floor slope not exceeding 14%, with headroom of at

least 45 cm. Nesting areas shall not be regarded as

usable areas.

Deleted by Legal Notice 457 of 2021

In the territory of Malta the owners and holders of laying

hens must apply not only the relevant provisions of European

Union Council Directive 98/58/EC and of the Schedule but also the

requirements specific to each of the systems referred to below,

namely -

LAYING HENS (PROTECTION)

(a) either the provisions laid down in Chapter I as regards

alternative systems;

(b) or the provisions laid down in Chapter II as regards

unenriched cage systems;

(c) or the provisions of Chapter III concerning enriched

cages.

CHAPTER I

Provisions applicable to alternative systems

(1) In the territory of Malta all newly built or rebuilt

systems of production referred to in this chapter and all such

systems of production brought into use for the first time shall

comply at least with the requirements below.

(2) All systems must be equipped in such a way that all laying

hens have -

(a) either linear feeders providing at least 10 cm per bird

or circular feeders providing at least 4 cm per bird;

(b) either continuous drinking troughs providing 2,5 cm

per hen or circular drinking troughs providing 1 cm

per hen. In addition, where nipple drinkers or cups are

used, there shall be at least one nipple drinker or cup

for every 10 hens. Where drinking points are plumbed

in, at least two cups or two nipple drinkers shall be

within reach of each hen;

(c) at least one nest for every seven hens. If group nests

are used, there must be at least 1 metre squared of nest

space for a maximum of 120 hens;

(d) adequate perches, without sharp edges and providing

at least 15 cm per hen. Perches must not be mounted

above the litter and the horizontal distance between

perches must be at least 30 cm and the horizontal

distance between the perch and the wall must be at

least 20 cm;

(e) at least 250 cm 2 of littered area per hen, the litter

occupying at least one third of the ground surface.

(3) The floors of installations must be constructed so as to

support adequately each of the forward-facing claws of each foot.

(4) In addition to the provisions laid down in sub-regulations

(1), (2) and (3) -

(a) if systems of rearing are used where the laying hens

can move freely between different levels -

(i) there shall be no more than four levels;

(ii) the headroom between the levels must be at least

45 cm;

(iii) the drinking and feeding facilities must be

distributed in such a way as to provide equal

access for all hens;

(iv) the levels must be so arranged as to prevent

droppings falling on the levels below;

(b) if laying hens have access to open runs -

(i)

there must be several pop-holes giving direct

access to the outer area, at least 35 cm high and

40 cm wide and extending along the entire

length of the building; in any case, a total

opening of 2 m must be available per group of

1000 hens;

(ii) open runs must be -

(1) of an area appropriate to the stocking

density and to the nature of the ground, in

order to prevent any contamination;

(2) equipped with shelter from inclement

weather and predators and, if necessary,

appropriate drinking troughs.

(5) The stocking density must not exceed nine laying hens per

m2 usable area. However, where the usable area corresponds to the

available ground surface, it may, until 31 December, 2011, be

authorised a stocking density of 12 hens per m 2 of available area.

(6) The Veterinary Services shall ensure that the minimum

requirements laid down in sub-regulation (1) apply to all

alternative systems from 1 January, 2007.

CHAPTER II

Provisions applicable to rearing in unenriched cage systems

(1) In the territory of Malta all cage systems referred to in

this chapter shall comply at least with the following requirements

(a) at least 550 cm 2 per hen of cage area, measured in a

horizontal plane, which may be used without

restriction, in particular not including non waste

deflection plates liable to restrict the area available,

must be provided for each laying hen;

(b) a feed trough which may be used without restriction

must be provided. Its length must be at least 10 cm

multiplied by the number of hens in the cage;

(c) unless nipple drinkers or drinking cups are provided,

each cage must have a continuous drinking channel of

the same length as the feed trough mentioned in

paragraph (b). Where drinking points are plumbed in,

at least two nipple drinkers or two cups must be within

reach of each cage;

(d) cages must be at least 40 cm high over at least 65% of

the cage area and not less than 35 cm at any point;

(e) floors of cages must be constructed so as to support

adequately each of the forward-facing claws of each

foot. Floor slope must not exceed 14% or 8%. In the

case of floors using other than rectangular wire mesh,

the Veterinary Services may permit steeper slopes;

(f)

cages shall be fitted with suitable claw-shortening

devices.

(2) Rearing in the cages referred to in this chapter is prohibited

with effect from 1 January 2012. In addition, in the territory of

Malta no cages such as referred to in this chapter may be built or

brought into service for the first time.

CHAPTER III

Provisions applicable to rearing in enriched cages

(1) In the territory of Malta all the cages referred to in this

chapter shall comply at least with the following requirements

(a) laying hens must have -

at least 750 cm 2 of cage area per hen, 600 cm 2 of

(i)

which shall be usable; the height of the cage

other than that above the usable area shall be at

least 20 cm at every point and no cage shall have

a total area that is less than 2000 cm 2 ;

(ii) a nest;

(iii) litter such that pecking and scratching are

possible;

(iv) appropriate perches allowing at least 15 cm per

hen;

(b) a feed trough which may be used without restriction

must be provided. Its length must be at least 12 cm

multiplied by the number of hens in the cage;

(c) each cage must have a drinking system appropriate to

the size of the group; where nipple drinkers are

provided, at least two nipple drinkers or two cups must

be within the reach of each hen;

(d) to facilitate inspection, installation and depopulation

of hens there must be a minimum aisle width of 90 cm

between tiers of cages and a space of at least 35 cm

must be allowed between the floor of the building and

the bottom tier of cages;

(e) cages must be fitted with suitable claw-shortening

devices.

CHAPTER IV

Final provisions

The establishments covered by the scope of these

regulations shall be registered by the Veterinary Services and given

a distinguishing number which will be the medium for tracing eggs

placed on the market for human consumption. The arrangements

for implementing this regulation shall be determined in accordance

with European Community rules and according to the procedure

laid down in article 7(2) of the Animal Welfare Act.

(1) The Veterinary Services shall carry out inspections to

monitor compliance with the provisions of these regulations. These

inspections may be carried out on the occasion of checks made for

other purposes.

(2) The Veterinary Services shall report on the inspections

carried out in accordance with sub-regulation (1). The reports shall

be forwarded to the European Commission.

(1) Veterinary experts from the European Commission

may, in conjunction with the Veterinary Services make on-the-spot

checks.

(2) The Veterinary Services shall provide the veterinary experts

with any assistance they may require for the performance of their

tasks. In particular, access on the same basis as officials of the

competent authority shall be given to all concerned persons,

information and documentation as well as access to places,

establishments, installations and means of transport in order for the

checks to be carried out.

(3) The Veterinary Services shall take any measures which may

prove necessary to take account of the results of the checks.

(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 fifty-eight euro and seventy-five cents (4,658.75) and

not exceeding thirteen thousand and nine hundred and seventy-six

euro and twenty-four cents (13,976.24).

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

the Court may also order any person who is found guilty of

committing an offence under these regulations to pay for the

expenses incurred by the Veterinary Services as a result of the said

offence, the revocation of the permit issued under these regulations

and the confiscation, retention and disposal of the corpus delicti.

Deleted by Legal Notice 457 of 2021.

LAYING HENS (PROTECTION)