L.S. 439.09 Regolamenti dwar il-Protezzjoni ta’ l-Annimali miżmuma għal raġunijiet tal-Agrikoltura

(1)The title of these regulations is the farm Animals (Protection) and Inspection of Holdings Regulations.

(2)Title and scope. Amended by: L.N. 187 of 2022. These regulations shall not apply to (

1. a)animals living in the wild; (
2. b)animals intended for use in competitions, shows, cultural or sporting events or activities; (
3. c)experimental or laboratory animals; (
4. 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. 2. 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 Definitions. Substituted by: L.N. 187 of

1. Cap.
2. 2 [ S.L.439.09 FARM ANIMALS (PROTECTION) 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; Cap.
3. Animal welfare. Amended by: L.N. 187 of
4. Prohibition of force feeding a bird. Added by: L.N. 187 of
5. Prohibition of fur farming. Added by: L.N. 187 of
6. "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.
7. 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. 3A.

(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 subregulation

(1). 3B.

(1)No person shall keep animals solely or primarily: (

1. a)for slaughter, whether by himself or another, for the value of their fur; or (
2. 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. Conditions for breeding and keeping of animals. Substituted by: L.N. 187 of

2. 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. Application of the European Convention for the Protection of Animals kept for Farming Purposes. 5.

(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. FARM ANIMALS (PROTECTION) [ S.L.439.09 6.

(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. 3 Inspections.

(2)The Veterinary Services shall submit to the European Commission reports on the inspections required under subregulation

(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 - Cap. 439. (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). 6A.

(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. Presentation of report. Added by: L.N. 187 of 2022.

(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. 7.

(1)Veterinary experts from the European Commission may, in conjunction with the Veterinary Services, make on-the-spot checks. On-the-spot checks by veterinary experts.

(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. 8.

(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 Penalty for nonfulfilment of obligations. Amended by: L.N. 426 of 2007; L.N. 187 of 2022. Cap. 439. 4 [ S.L.439.09 FARM ANIMALS (PROTECTION) 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. FARM ANIMALS (PROTECTION) Amended by: L.N. 187 of

1. [ S.L.439.09 5 SCHEDULE Staff
2. Animals shall be cared for by a sufficient number of staff who possess the appropriate ability, knowledge and professional competence. Inspection
3. 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.
4. Adequate lighting (fixed or portable) shall be available to enable the animals to be thoroughly inspected at any time.
5. 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
6. 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.
7. 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
8. 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
9. 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.
10. 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.
11. Air circulation, dust levels, temperature, relative air humidity and gas concentrations must be kept within limits which are not harmful to the animals. 6 [ S.L.439.09 FARM ANIMALS (PROTECTION)
12. 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
13. 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
14. All automated or mechanical equipment essential for the health and wellbeing 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
15. 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.
16. All animals must have access to feed at intervals appropriate to their physiological needs.
17. All animals must have access to a suitable water supply or be able to satisfy their fluid intake needs by other means.
18. 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.
19. 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

1. 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
2. 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 FARM ANIMALS (PROTECTION) [ S.L.439.09 7 provisions.
3. 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.