ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT [ S.L. 439.23 1 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. 1.
(1)The title of these regulations is the Administrative Penalties relating to Offences committed against the Animal Welfare Act Regulations. Citation and scope.
(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. Cap.
- When administrative penalties are imposed according to article 47 of the Animal Welfare Act, the penalties listed in the Schedule shall be applicable. Administrative penalties. Cap.
- 2 [ S.L. 439.23 Amended by: L.N. 148 of 2024; L.N. 149 of 2024; L.N. 199 of 2024; L.N. 183 of
- ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT SCHEDULE Administrative Penalties by Category Administrative penalties to be imposed on individuals who admit an offence in terms of article 47 of the Animal Welfare Act Category Article or Regulation Cap. 439 article 8
(4)Offence: Act or Omission ꞏ Failing to provide the animal with: ꞏ Adequate food and water leading Administrative Penalties Minimum Maximum Court penalties when found guilty €2,000 - €3,000 On first conviction – fine 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. 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 to malnourishment and, or dehydration; Animal Care article 8
(4)ꞏ Adequate shelter leading to €2,000 - €3,000 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.
- ꞏ Where any of the above acts or S.L.
- omissions constitute an offence under the Calves (Protection) Regulations, the Laying Hens (Protection) Regulations or the Farm Animals (Protection) Regulations. S.L.
- €2,000 - €5,000 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 €4,658.75 and not exceeding €13,976.24 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT Cap. 439 [ S.L. 439.23 ꞏ Causing cruelty to animals through: article 8
(2)articles 8
(2)and
(4)Cruelty ꞏ Beating that causes pain ꞏ Causing physical and mental €3,000 - €6,000 €3,000 - €6,000 distress (including through methods of terror and torment) articles 8
(2)and
(4)ꞏ Injuring and, or wounding that is article 9 ꞏ Surgical operations for the €3,000 - €6,000 unjustifiable, unnecessary or unreasonable in the circumstances 3 On first conviction – fine 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. 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 €3,000 - €6,000 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 articles 8
(4)and 13
(1)ꞏ Causing or intending to cause the S.L.
- ꞏ Where any of the above acts or S.L.
- omissions constitute an offence under the Calves (Protection) Regulations, the Laying Hens (Protection) Regulations or the Farm Animals (Protection) Regulations. S.L.
- Confinemen t of pet animals €6,000 - €10,000 death of or serious injury to the animal Cap. 439 article 8
(4)ꞏ Confinement of the animal article 8
(4)ꞏ Confinement of the animal that €2,000 - €5,000 A person who infringes any of the provisions arising from the regulation, shall, on conviction be liable to a fine (multa) of not less than €4,658.75 and not exceeding €13,976.24 €2,000 - €4,000 On first conviction – fine 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. 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 without adequate exercise causes injury, unnecessary pain or distress to the animal. €2,000 - €6,000 4 [ S.L. 439.23 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT S.L.
- ꞏ Where any of the above acts or S.L.
- omissions constitute an offence under the Calves (Protection) Regulations, the Laying Hens (Protection) Regulations or the Farm Animals (Protection) Regulations. S.L.
- Cap. 439 articles 7
(1)(c) and 8
(4)ꞏ Tied up permanently ꞏ Permanent tethering of dogs €2,000 - €5,000 A person who infringes any of the provisions arising from the regulation, shall, on conviction be liable to a fine (multa) of not less than €4,658.75 and not exceeding €13,976.24 €2,000 - €3,500 On first conviction – fine 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. €2,000 - €3,500 S.L. 439. 21. regulation 3
(1)Tethering of domestic animals Poisoning 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. Cap. 439 articles 8
(2)and
(4)ꞏ Administering poison that causes articles 8
(2),
(4), 13
(1)and
(5)ꞏ Administering poison that causes €2,000 - €3,500 On first conviction – fine 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. €2,000 - €6,500 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. unnecessary pain, suffering or distress to a domestic or stray animal the death of, or injury to, a domestic or stray animal ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT Cap. 439 articles 8
(2)and
(4)ꞏ The injuring of an animal which is [ S.L. 439.23 €2,000 - €6,500 not followed by reasonable steps to alleviate any pain suffered by the animal. Alleviation of Pain Noncompliance with legal requirements for the transport of animals 5 On first conviction – fine 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. 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. Cap. 439 articles 8
(2)and
(4)ꞏ Transportation and containment of article 23
(1)ꞏ Non-compliance with an animal in circumstances under which the animal is subjected to unnecessary injury, pain and, or suffering. requirements for the transport of animals S.L.
- S.L.
- €2,000 - €3,500 ꞏ Where any of the above acts or omissions constitute an offence under the Carriage of Livestock (Road Vehicle Standards for Journeys Exceeding Eight Hours) Regulations or the Animals Transport (Protection) Regulations. €2,000 - €6,000 On first conviction – fine 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. 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. €3,000 - €11,000 A person who infringes any of the provisions arising from the regulation, shall, on conviction be liable to a fine (multa) of not less than €11,646.87 and not exceeding €34,940.60 6 [ S.L. 439.23 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT Cap. 439 articles 8
(2)and
(4)ꞏ Use for work, riding, driving or €2,000 - €6,000 otherwise using an animal unfit for the use Use unfit animals for work or other activity 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. Cap. 439 article 31 Matches, competitions or any other activity On first conviction – fine 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. articles 8
(2),
(3)and
(4)article 13
(1)ꞏ When a person is in any way €2,000 - €7,000 responsible for the organisation of any of the following activities and, or the involvement of an animal in such activities: ꞏ Fights between animals ꞏ A match, competition or any other 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. activity in which an animal is released from captivity for the purpose of being hunted, caught, confined, injured or killed by a person (by the use of a firearm or otherwise) or another animal ꞏ Using or allowing an animal to kill €2,000 - €7,000 another animal articles 8
(2)and
(4)ꞏ Owning, keeping, or using an article 13
(1)ꞏ Using the animal as a lure for articles 8
(2)and
(4)ꞏ Killing the animal for the purpose animal with the intention of: blooding greyhounds; or of blooding greyhounds; or ꞏ Using the animal in any other way in relation to the training and racing of coursing dogs On first conviction – fine 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. €2,000 - €7,000 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT Cap. 439 article 30
(1)ꞏ Body of animal taking part in a Cap. 439 article 44B
(6)ꞏ When an individual obstructs, Cap. 439 article 8
(4)ꞏ Non-compliance in relation to Sub-stances found in the animal’s body taking part in a compet-ition Failure to cooperate with authorised officer Non compliance with farm animals regulations including those specific for calves, pigs, broilers, hens S.L. 439. 02. On first conviction – fine 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. 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. €2,000 On first conviction – fine 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. 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. €2,000 - €5,000 On first conviction – fine 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. 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. €2,000 - €5,000 A person who infringes any of the provisions arising from the regulation, shall, on conviction be liable to a fine (multa) of not less than €4,658.75 and not exceeding €13,976.24 molests, interferes or Fails to cooperate with an authorised officer (including failure to give requested information to the authorised officer such as name, Identity Card number and address). housing and dietary requirements for animals ꞏ Non-compliance in relation to housing and dietary requirements for pigs. ꞏ Where any of the above acts or S.L.
- omissions constitute an offence under the Calves (Protection) Regulations, the Laying Hens (Protection) Regulations, or the Farm Animals (Protection) Regulations. 7 €2,000 - €7,000 competition found to contain one or more of the substances specified in the regulations made by the Minister, the ingredients whereof or the metabolites of which exceed the maximum quantity established in the said regulations S.L.
- S.L.
- [ S.L. 439.23 8 [ S.L. 439.23 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT S.L.
- regulation 5 ꞏ Non-compliance with Cap. 439 ꞏ Non-compliance with Staging points requirements of the Staging Points Regulations. article 23
(1)requirements for the transport of animals. S.L.
- ꞏ Where any of the above acts or Noncompliance with legal requirement s for the transport of animals S.L.
- Animals kept for scientific purposes omissions constitute an offence under the Carriage of Livestock (Road Vehicle Standards for Journeys Exceeding Eight Hours) Regulations or the Animals Transport (Protection) Regulations. Cap. 439 articles 32, 35
(1)and 38 ꞏ Carrying out experimentation article 8
(4)ꞏ Animals kept in an unsuitable without a licence or not in line with the licence environment articles 38 and 40 ꞏ Animals made to suffer more than necessary in breach of the Animal Welfare Act. €3,000 - €11,000 A person who infringes any of the provisions arising from the regulation, shall, on conviction be liable to a fine (multa) of not less than €11,646.87 and not exceeding €34,940.60 €2,000 - €6,000 On first conviction – fine 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. 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. €3,000 - €11,000 A person who infringes any of the provisions arising from the regulation, shall, on conviction be liable to a fine (multa) of not less than €11,646.87 and not exceeding €34,940.60 €2,000 - €15,000 On first conviction – fine of not less than €2,000 and not more than €65,000 or to a term of €2,000 - €5,000 imprisonment of three
(3)years or to both such fine and imprisonment. €5,000 - €25,000 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. ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT S.L. 439.
- ꞏ A person managing, organising, [ S.L. 439.23 €10,000 setting-up or operating a zoo without a licence Zoos and keeping of dangerous animals Pet shops S.L.
- regulation 4 ꞏ Keeping of dangerous animals in S.L.
- regulation 4 ꞏ Keeping of unregistered S.L. 439.29. S.L.
- 19. regulation 5 ꞏ Inadequate enclosure and micro- S.L. 439.29. S.L.
- ꞏ Keeping or introducing dangerous S.L.
- 16. regulation 3
(1)ꞏ Operating without a licence €10,000 an unregistered site dangerous animals in an unregistered site climate conditions after licence is issued €15,000 per animal but in any case not more than €80,000 (if more than one animal) €8,000 €40,000. 9 On first conviction – fine 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. 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. €8,000 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. €2,000 On first conviction – fine 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. 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. 10 [ S.L. 439.23 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT S.L. 439. 14. regulation 3
(1)ꞏ Operating without a licence €2,000 Animal Sanctuaries Circuses 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. Cap. 439 article 31A ꞏ Use of animals in breach of Article S.L. 439.22. ꞏ Non-compliance and, or acts and €2,000 On first conviction – fine 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. 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. €2,000 On first conviction – fine 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. 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. 31A under Part X A entitled Circuses of the Animal Welfare Act omissions constituting an offence under the Use of Karozzini Regulations. Karozzini On first conviction – fine 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. ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT S.L. 439.28. (regulation 3) Breeding of non-pedigree bully type dogs S.L. 439.28. (regulation 4) ꞏ Keeping, sale or advertisement of non-pedigree bully type dogs Prohibition of breeding and keeping of nonpedigree bully type dogs Standards for Operating Pet Grooming Establishments [ S.L. 439.23 11 On first Not more than conviction a person, shall €1,000 be liable to a fine (multa) Not more than of not less than €2,000, €1,000 but not exceeding €65,000 or to a term of imprisonment of three
(3)years, or to both such fine and imprisonment. On second or subsequent conviction, a person shall be liable to a fine (multa) 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. regulation 3 ꞏ Operating or managing a pet S.L. 439.25. regulation 4 ꞏ Operating a pet grooming S.L. 439.25. regulation 5 grooming establishment without being registered with the Directorate establishment or carrying out pet grooming activities in the absence of adequate personnel ꞏ ꞏ Failure to keep adequate records Not more than €1,000 Not more than €1,500 Not more than €1,000 S.L. 439.25. regulation 7 ꞏ Inadequate enclosures Not more than €1,000 S.L. 439.25. regulation 10 ꞏ Inadequate administration of Not more than €1,500 veterinary medication On first conviction, a person shall be liable to a fine (multa) of not less than €2,000, but not exceeding €65,
- On second or subsequent conviction, a person shall be liable to a fine (multa) of not less than €5,000, but not exceeding €100,
- 12 [ S.L. 439.23 S.L. 439.26 ADMINISTRATIVE PENALTIES RELATING TO OFFENCES COMMITTED AGAINST THE ANIMAL WELFARE ACT ꞏ Operating without a licence €2,000 Pet boarding accommoda tion establishments for cats and dogs S.L. 439.26 ꞏ Operating or managing a pet sitting accommodation without being registered with the Director Pet sitting accommodations Not more than €1000 On first 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 not exceeding three
(3)years or to both such fine and imprisonment. On second or subsequent conviction a person shall be liable to a fine (multa) of not less than €6,000 but not exceeding €80,000 or to a term of imprisonment not exceeding three
(3)years or to both such fine and imprisonment. On first conviction a person shall be liable to a fine (multa) of not less than €2,000, but not exceeding €65,
- On second or subsequent conviction a person shall be liable to a fine (multa) of not less than €5,000, but not exceeding €100,
- 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.