FARM ANIMALS (PROTECTION) REGULATIONS

SUBSIDIARY LEGISLATION 439.09

FARM ANIMALS (PROTECTION) REGULATIONS

30th September, 2003

LEGAL NOTICE 266 of 2003, as amended by Legal Notices 426 of 2007

and 187 of 2022.

(1) The title of these regulations is the farm Animals

(Protection) and Inspection of Holdings Regulations.

(2)

These regulations shall not apply to -

(a) animals living in the wild;

(b) animals intended for use in competitions, shows,

cultural or sporting events or activities;

(c) experimental or laboratory animals;

(d) any invertebrate animal.

(3) These regulations shall apply without prejudice to specific

Community veterinary rules laid down elsewhere, and in particular to

European Union Council Directives 1999/74/EC, 2008/119/EC and

2008/120/EC, which shall continue to apply.

(4) The scope of these regulations is to implement the provisions

found under European Union Council Directive 98/58/EC concerning

the protection of animals kept for farming purposes and to implement

the Commission Implementing Regulation (EU) 2019/723 of 2 May

2019 laying down rules for the application of Regulation (EU) 2017/625

of the European Parliament and of the Council as regards the standard

model form to be used in the annual reports submitted by Member

States.

Amended by

L.N. 187 of 2022.

Staff

1. Animals shall be cared for by a sufficient number of staff who possess the

appropriate ability, knowledge and professional competence.

Inspection

2. All animals kept in husbandry systems in which their welfare depends on

frequent human attention shall be inspected at least once a day. Animals in other

systems shall be inspected at intervals sufficient to avoid any suffering.

3. Adequate lighting (fixed or portable) shall be available to enable the animals

to be thoroughly inspected at any time.

4. Any animal which appears to be ill or injured must be cared for

appropriately without delay and, where an animal does not respond to such care,

veterinary advice must be obtained as soon as possible. Where necessary sick or

injured animals shall be isolated in suitable accommodation with, where appropriate,

dry comfortable bedding.

Record keeping

5. The owner or keeper of the animals shall maintain a record of any medicinal

treatment given and of the number of mortalities found to each inspection.

Where equivalent information is required to be kept for other purposes, this shall

also suffice for the purposes of these regulations.

6. These records shall be retained for a period of at least three years and shall

be made available to the Veterinary Services when carrying out an inspection or

when otherwise requested.

Freedom of movement

7. The freedom of movement of an animal, having regard to its species and in

accordance with established experience and scientific knowledge, must not be

restricted in such a way as to cause it unnecessary suffering or injury.

Where an animal is continuously or regularly tethered or confined, it must be

given the space appropriate to its physiological and ethological needs in accordance

with established experience and scientific knowledge.

Buildings and accommodation

8. Materials to be used for the construction of accommodation, and in

particular for the construction of pens an equipment with which the animals may

come into contact, must not be harmful to the animals and must be capable of being

thoroughly cleaned and disinfected.

For the purposes of these regulations the following

definitions shall apply

"Act" means the Animal Welfare Act;

"animal" means any animal (including fish, reptiles or

amphibians) bred or kept for the production of food, wool, skin or fur or

for other farming purposes;

"bird" means a bird of any species of bird including, but is not

limited, to any type of poultry such as ducks, geese, chickens and

turkeys;

"competent authority" means the competent authority within the

meaning of Article 3(3) of Regulation (EU) 2017/625 of the European

Parliament and the Council, for Malta, Veterinary Services;

"Director" means the Director responsible for the Veterinary

Services and includes, to the extent of the authority given, any officer

authorised by him, in writing, to act in that behalf for any of the

purposes of these regulations;

"force feeding a bird" means a process that causes the bird to

consume more food than a typical bird of the same species would

consume voluntarily or for health reasons. Force feeding methods

include, but are not limited to, delivering feed through a tube or other

device inserted into the bird’s oesophagus;

"owner" or "keeper" means any natural or legal person or persons

responsible for or in charge of animals whether on a permanent basis or

on a temporary basis;

"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.

In the territory of Malta, the owners or keepers shall take all

reasonable steps to ensure the welfare of animals under their care

and to ensure that those animals are not caused any unnecessary

pain, suffering or injury.

(1) No person shall force feed a bird for the purpose of

enlarging the bird’s liver beyond normal size.

(2)

No person shall force feed a bird as mentioned in sub-

regulation (1).

(1) No person shall keep animals solely or primarily

(a) for slaughter, whether by himself or another, for the

value of their fur; or

(b) for breeding progeny for such slaughter.

(2)

No person shall cause or permit another person to keep

animals as mentioned in sub-regulation (1).

(3) The references in this regulation to keeping animals for

slaughter or to breeding progeny for slaughter include keeping or

breeding them for sale for slaughter respectively.

Veterinary Services shall ensure that owners and keepers are

following the conditions under which animals (other than fish, reptiles,

amphibians) are bred or kept, having regards to their species and to

their degree of development, adaptation and domestication, and to their

physiological and ethological needs in accordance with established

experience and scientific knowledge, comply with the provisions set

out in the Schedule.

(1) In the territory of Malta, any proposals which may be

necessary for the uniform application of the European Convention

for the Protection of Animals Kept for Farming Purposes and, on

the basis of a scientific evaluation, any recommendations made

under this Convention and any other appropriate specific rules shall

be taken.

(2) In addition, on the basis of experience acquired in

particular concerning the measures referred to in sub-regulation (1)

and technical and scientific developments, any appropriate

European Community provisions shall be adopted.

(1) In the territory of Malta, inspections shall be carried

out by the Veterinary Services to check compliance with the

provisions of these regulations. Such inspections may be carried

out at the same time as checks for other purposes.

(2) The Veterinary Services shall submit to the European

Commission reports on the inspections required under sub-

regulation (1).

(3) In accordance with European Community rules and in

accordance with the procedure laid down in article 7(2) of the

Animal Welfare Act, proposals may be adopted with a view to

regulate -

(a) the inspections required under sub-regulation (1);

(b) the format, content and frequency of submission of the

reports referred to in sub-regulation (2).

(1) The Veterinary Services in Malta shall submit a report

including the results of the inspections carried out in the field of

the protection of animals kept for farming purposes. This report

shall be addressed to the trading partners and to the European

Commission.

(2) In light of the provisions of article 6(3) of European Union

Council Directive 98/58/EC, the report shall comply with the

information specified in the Annex of Commission Implementing

Regulation (EU) 2019/723.

(3) The report shall be presented yearly, by the 31st August.

(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 in 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

be necessary to take account of the results of the check.

(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 seventyfive 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.

(3) 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.

Accommodation and fittings for securing animals shall be constructed and

maintained so that there are no sharp edges or protrusions likely to cause injury to

the animals.

Air circulation, dust levels, temperature, relative air humidity and gas

concentrations must be kept within limits which are not harmful to the animals.

Animals kept in buildings must not be kept either in permanent darkness or

without an appropriate period of rest from artificial lighting. Where the natural light

available is insufficient to meet the physiological and ethological needs of the

animals, appropriate artificial lighting must be provided.

Animals not kept in buildings

Animals not kept in buildings shall where necessary and possible be given

protection from adverse weather conditions, predators and risks to their health.

Automatic or mechanical equipment

All automated or mechanical equipment essential for the health and well-

being of the animals 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 animals.

Where the health and well-being of the animals is dependent on an artificial

ventilation system, provision must be made for an appropriate backup system to

guarantee sufficient air renewal to preserve the health and well-being of the animals

in the event of failure of the system, and an alarm system must be provided to give

warning of breakdown. The alarm system must be tested regularly.

Feed, water and other substances

Animals must be fed a wholesome diet which is appropriate to their age and

species and which is fed to them in sufficient quantity to maintain them in good

health and satisfy their nutritional needs. No animal shall be provided with food or

liquid in a manner, nor shall such food or liquid contain any substance, which may

cause unnecessary suffering or injury.

All animals must have access to feed at intervals appropriate to their

physiological needs.

All animals must have access to a suitable water supply or be able to satisfy

their fluid intake needs by other means.

Feeding and watering equipment must be designed, constructed and placed

so that contamination of food and water and the harmful effects of competition

between the animals are minimised.

No other substance, with the exception of those given for therapeutic, or

prophylactic purposes or for the purposes of zootechnical treatment as defined in

Article 1(2)(c) of European Union Council Directive 96/ 22/EC, must be

administered to an animal unless it has been demonstrated by scientific studies of

animal welfare or established experience that the effect of that substance is not

detrimental to the health or welfare of the animal.

Mutilations

Pending the adoption of specific provisions concerning mutilations in

accordance with the procedure laid down in article 7 the Veterinary Services Act, and

without prejudice to European Union Council Directive 2008/120/EC, mutilations for

non-therapeutic reasons are forbidden on animals breed in the territory of Malta.

Breeding procedures

Natural or artificial breeding or breeding procedures which case or are likely

to cause suffering or injury to any of the animals concerned must not be practised.

This provision shall not preclude the use of certain procedures likely to cause

minimal or momentary suffering or injury, or which might necessitate interventions

which would not cause lasting injury, where these are allowed by national

provisions.

No animal shall be kept for farming purposes unless it can reasonably be

expected, on the basis of its genotype or phenotype, that it can be kept without

detrimental effect on its health or welfare.