ANIMAL WELFARE [ CAP. 439.

CHAPTER 439
ANIMAL WELFARE ACT
To establish and consolidate the protection of animals kept for work, sport,
companionship and food.

8th February, 2002

ACT XXV of 2001 , as amended by Legal Notice 426 of 2007 ; and
Acts V of 2007 , V of 2011 , ,XXXV of 2014 ,XXII of 2019 and XXI of
2020.

Preliminary
1. The short title of this Act is the Animal Welfare Act. Short title.
2. In this Act, unless the context otherwise requires - Interpretation.
Amended by:
"animal" means all living members of the animal kingdom, other XXXV. 2014.2;
than human beings, and includes free-living larval and, or, XXII. 2019.2.
reproducing larval forms, but does not include foetal or embryonic
forms;
"animal experiment" means any use of any animal for
experimental or other scientific purposes which may cause it pain,
suffering distress or lasting harm, including any course of action
intended, or liable, to result in the birth of an animal in any such
condition. An animal experiment starts when an animal is first
prepared for use and ends when no further observations are to be
made for that experiment. The elimination of pain, suffering,
distress or lasting harm by the successful use of anaesthesia or
analgesia or other methods does not place the use of an animal
outside the scope of this definition;
"animal welfare officer" means an official appointed under
article 44 and also includes every member of the police or a
community officer;
"bred animals" means animals specifically bred for the use in
experiments in facilities approved by, or registered with, the
Council;
"circus" means any place where animals are introduced for the
purpose of performance, manoeuvres and shows or otherwise and
shall include any place where animals used in such circuses are
kept or trained;
"circus operator" means the owner of a circus, or any person
responsible for the operations of a circus, or the administrator or
agent thereof;
"circus promoter" means any person responsible for the
organisation or promotion of a circus in Malta, or the administrator
or agent thereof;
"Commissioner" means the Commissioner for Animal Welfare as
appointed under this Act and includes any officer assigned to assist
the Commissioner and authorised by him in that behalf;
''community officer'' means any community officer appointed Cap. 389.
 2 [ CAP. 439. ANIMAL WELFARE

under the Private Guards and Community Officers Act;

"competent person" means those individuals designated as such
by the Minister for any purposes of this Act;
"Council" means the Council for Animal Welfare established by
article 4;
"Department" means the Department for Veterinary Services;
"Director for Animal Welfare" means the Director for Animal
Welfare appointed under this Act and shall have the functions,
powers and duties as are vested in him under this or by this Act or
any regulations made thereunder;
Cap. 437. "Director for Veterinary Services" means the Director for
Veterinary Services as defined in the Veterinary Services Act. 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
this Act;
"ill treatment", in relation to an animal, means causing the
animal to suffer, by any act or omission, pain or distress which in
its kind or degree, or in its object, or in circumstances in which it is
inflicted, is excessive or unnecessary;
"marking" in relation to an animal means:
(a) marking that animal by any method for the purpose of
distinguishing that animal or animals of that type from
others; and
(b) includes affixing or applying to, or implanting in, that
animal for the purpose of distinguishing that animal or
animals of that type from others, any band, ring, clip,
tag, electronic identification device, or paint or any
other thing;
"Minister" means Minister responsible for Veterinary Services;
"non-governmental organisation" means a voluntary organisation
that has been established principally with the objective of
promoting and advocating for animal welfare, animal rights or
caring of animals, and which has been enrolled with the
Cap. 492. Commissioner for Voluntary Organisations under the Voluntary
Organisations Act;
"prescribed" means prescribed by rules or regulations made by
the Minister under this Act;
"tether" means to restrain an animal by tying it to any stationary
object or structure, by any means, including but not limited to, a chain,
rope, cord, leash, pulley or cable run, but shall not include the use of a
leash when walking a dog in a public place;
"veterinary surgeon" means a person licensed by the President of
Malta to practice as a veterinary surgeon in Malta and registered in
the Veterinary Surgeons Register kept by the Veterinary Surgeons
Council;
"Veterinary Surgeons’ Council" means the Council established
Cap. 437. under article 39 of the Veterinary Services Act.
 ANIMAL WELFARE [ CAP. 439. 3

Part I
Animal Welfare
3. (1) The State shall endeavour, in accordance with the Declaration of
provisions of this Act, to protect the life of animals and to prevent principles.
Amended by:
and punish acts of ill-treatment in their regard. In particular the XXXV. 2014.3.
state shall protect such animals from undue labour and work
practices which are beyond and not consonant with their nature.
(2) The State recognises that animals are sentient beings and
that it has the duty to promote the welfare of animals, and that the
welfare of animals is to be protected through the intervention of the
State through its legislative, judicial and administrative organs.
(3) The State recognises that it is its duty to collaborate with
voluntary organisations in the field of animal welfare, and that it is
its duty to promote the culture of respect towards animals.

Part II
Establishment of a Council for Animal Welfare
4. (1) There shall be a Council, to be known as the Council Council for Animal
for Animal Welfare, consisting of a Chairman and eleven members, Welfare.
Substituted by:
which shall exercise and perform the functions assigned to it by XXXV. 2014.4.
this Act or by any other law.
(2) The Council for Animal Welfare shall be composed as
follows:
(a) a Chairman, appointed by the Prime Minister, after
consultation with the Minister;
(b) the Director for Veterinary Services or his
representative;
(c) the Director for Animal Welfare or his representative;
(d) a representative of the Ministry responsible for
veterinary services;
(e) one veterinary surgeon, employed in the public
service, with experience in animal health medicine;
(f) one veterinary surgeon, employed in the public
service, with experience in farm animals’ matters;
(g) one veterinary surgeon with experience in private
practice on small animals appointed after consultation
with bodies representing private veterinary surgeons in
Malta;
(h) two persons from non-governmental organisations;
(i) one person from amongst such persons or groups
representing the interests of animal welfare and animal
rights; and
(j) two persons representing the interests of livestock
breeders and animal sport groups.
(3) The members referred to in sub-article (1)(b) to (j), both
inclusive, shall be appointed by the Minister for such terms as the
 4 [ CAP. 439. ANIMAL WELFARE

Minister shall decide from time to time.

(4) The members referred to in sub-article (1)(h) to (j), both
inclusive, shall be appointed by the Minister from such persons
who, in the opinion of the Minister, best represent the persons,
groups or non-governmental organisations.
(5) The Minister shall appoint a Deputy Chairman from
amongst the members of the Council.
(6) The Minister shall appoint a secretary to the Council.
(7) Subject to the provisions of this Act and to any regulations
made thereunder the Council shall regulate its own proceedings:
Provided that the Council may act notwithstanding any
vacancy amongst its members.
(8) The Council shall have the power to co-opt, without the
right to vote, or allow the presence of persons who are not members
of the Council.
(9) The Council, with the concurrence of the Minister, shall
have the power to appoint sub-committees to deal with specific
matters including farm animal housing systems, biotechnology and
animal experiments.
(10) The Minister may terminate the appointment of a member
of the Council, and in the case of the Chairman of the Council the
Prime Minister may terminate the appointment thereof, if he is
satisfied that:
(a) without the consent of the Council, he failed to attend
the meetings during a continuous period of four
months;
(b) he is an undischarged bankrupt or has made an
arrangement with his creditors, or is insolvent or has
been found guilty of an offence affecting public trust
or any offence under this Act or any regulations made
thereunder;
(c) if, being a member chosen on the basis of his
representative status, he ceases to retain such
representative status:
Provided that this sub-article shall not be construed to
restrict the powers of the Minister and Prime Minister to terminate
the appointment of any member or the Chairman of the Council at
any time if deemed appropriate.

Duties of Council. 5. The Council shall -

Amended by:
XXXV. 2014.5. (a) have the duty to advise the Minister on any matter -
(i) related to the making of regulations under any of
the provisions of this Act; and
(ii) affecting the animal and veterinary public health
in Malta, as may be required by the Minister;
(b) have the power to recommend the adoption or the
implementation of any measures, enquiries or
scientific investigations as, in its opinion, may be
 ANIMAL WELFARE [ CAP. 439. 5

conducive to, and in the interests of, the well-being of

animals;
(c) advise the Minister on all matters related to
biotechnology in animals and animal experiments and
with respect to the issue of licences under Part XI of
this Act;
(d) advise the Minister on all matters related to the
keeping of farm animal housing systems and on the
issue or otherwise of permits under Part VII of this
Act; and
(e) advise the Minister, in issuing regulations, orders or
rules under this Act, shall consult the Council.

6. The Minister may make, vary or revoke regulations for the Power to make
proper conduct of the business of the Council. regulations.
Amended by:
Part III XXXV. 2014.6.
Keeping of Animals
7. (1) Animals shall not - Regulations
regarding keeping
(a) be kept; of animals.
(b) be kept for the purpose of producing animal products;
or
(c) be kept tethered, in buildings, pens, cages or the like,
unless they belong in each case to the species or categories of
animals specified in regulations prescribed.
(2) The Minister may make regulations -
(a) providing for the conditions under which animals
shall, in each case, be kept;
(b) providing for the manner in which species or
categories of animals as may be prescribed are to be
kept, including -
(i) the manner in which animals shall be tied or
tethered;
(ii) the manner in which animals shall be segregated
according to age, sex, or species;
(iii) the space which animals shall be allowed;
(iv) for matters relative to the hygiene of the animal,
its housing and other measures to ensure the
health of the animal;
(c) providing for the listing of the categories and the
species of animals for which the regulations are
applicable; and
(d) for any other matter that may or is to be prescribed.

Part IV
Caring of Animals
8. (1) The Minister may make regulations providing for the Caring of animals.
manner in which such species of animals as may be prescribed shall Amended by:
XXXV. 2014.7.
 6 [ CAP. 439. ANIMAL WELFARE

b e c a r e d f o r, f e d , w a t e r e d , t r e a t e d a n d t r a i n e d , a n d t h e
qualifications of persons who shall be responsible therefor.
(2) Animals shall not be caused any unnecessary pain,
suffering or distress and no animal shall be abandoned.
(3) Any person who keeps any animal or who agrees to look
after an animal shall be responsible for its health and welfare.
(4) Any person shall take such steps as are reasonable in all the
circumstances to ensure that the needs of an animal for which he is
responsible or for which he agrees to look after shall be met to the
extent required by good practice and in pursuance to the good
health and well-being of the animal. For the purposes of this sub-
article, animal needs include the provision of suitable environment,
provision of a healthy diet, allowance for the animal to exhibit
normal behavioural patterns, provision of suitable housing,
segregation from other animals where necessary and protection
from pain, suffering, injury and diseases.

Part V
Surgical Operations on Animals
Surgical 9. (1) Surgical operations for the purpose of modifying the
operations. appearance of an animal by which any part of the animal’s body is
Amended by:
XXXV. 2014.8. removed or damaged, other than for a curative purpose, shall be
illegal, unless otherwise prescribed in regulations made under this
Act. Surgical operations shall be carried out by a veterinary
surgeon or pursuant to a Minister’s order issued in consultation
with the Veterinary Surgeons Council.
(2) The Minister may make regulations -
(a) establishing the manner and cases in which surgical
operations may be performed; and
(b) regulating embryo transplantation in animal species or
categories of species as may be therein indicated.

Animals which 10. Animals which have undergone a surgical operation which
have undergone is prohibited under the provisions of article 9 shall not be -
prohibited surgical
operations. (a) entered for or admitted to shows or inspections or
competitions; and
(b) kept in stock, to be sold, offered for sale sold or
bought.

Part VI
Killing of Animals
Killing of animals. 11. The Minister may make regulations -
(a) specifying the cases in which it shall be permissible to
kill animals, and the manner in which such killing may
take place;
(b) providing for the manner in which, and the person by
whom an animal may be killed; and
(c) prescribing the facilities and equipment of
slaughterhouses.
 ANIMAL WELFARE [ CAP. 439. 7

12. The Minister may make rules to regulate stunning methods Power to make
and derogations therefrom: provided that such methods shall bring rules on stunning
methods.
animals into a state of unconsciousness which lasts until they are
slaughtered.
13. (1) Except in cases of an emergency which visibly indicate Killing of animals.
extreme pain conducive to death, only a veterinary surgeon or Amended by:
XXXV. 2014.9.
another competent person as specified in regulations made under
this Act shall be permitted to kill an animal of a domesticated breed
or any wild animal which has been domesticated, except animals
bred for the production of food.
(2) In the case where it is necessary to terminate an animal’s
life, this shall be done with the minimum of physical and mental
suffering as in the circumstances is appropriate.
(3) Except in an emergency, the method chosen shall either -
(a) cause immediate loss of consciousness and death; or
(b) begin with the induction of deep general anaesthesia to
be followed by a step which will ultimately cause
death.
(4) The person responsible for the killing shall make sure that
the animal is dead before the carcass is disposed of.
(5) The following methods of killing shall be prohibited -
(a) drowning and other methods of suffocation which do
not produce the effects required by subarticle (3)(b);
(b) the use of any poisonous substance or drug, the dose
and application of which cannot be controlled so as to
give the effect mentioned in subarticle (3);
(c) electrocution, unless preceded by immediate induction
of loss of consciousness.

14. (1) Subject to the provisions of article 13 it shall be lawful Injured or diseased
to slaughter or kill injured or diseased animals on the spot. animals.

(2) The Minister, after consulting the Council may make rules
authorizing the transport of injured or diseased animals for the
purposes of slaughter, provided that such transport does not entail
further suffering for the animals.

Part VII
Housing of Animals
15. (1) The Minister may, on the advice of the Council, make Power to make
regulations - regulations on
animal housing
(a) to provide for conditions in which animals may be systems.
Amended by:
housed; XXXV. 2014.10.
(b) to provide for the categories of persons authorised to
keep and house those categories and species of
animals; and
(c) to establish procedures in respect of applications for a
housing system.
(2) Applications may be approved subject to such conditions
 8 [ CAP. 439. ANIMAL WELFARE

and restrictions as the Director for Veterinary Services may deem

fit to impose; the grant or revocation of any permit shall be
published in the Gazette.

Animal housing 16. (1) Animal housing systems shall not be manufactured,
systems. kept in stock, sold, delivered or in any manner made use of in
respect of animals, unless such systems are built and maintained,
and conform with such minimum facilities for the welfare of
animals as may be prescribed.
(2) Mass-produced animal housing systems shall not be kept in
stock to be sold, delivered or used for species or categories of
animals except as provided for in the regulations referred to in
subarticle (1).

Applications for 17. (1) The Director for Veterinary Services may grant
housing system. permission for a housing system following an application from the
Amended by:
XXXV. 2014.11. manufacturer, the importer or the retailer.
(2) A report, drawn up by or on behalf of the manufacturer,
describing how the system benefits animal welfare, shall be
attached to every application for permission for a housing system.

Transitional 18. (1) Housing systems which have been kept in stock to be
period. sold, delivered or in use prior to the entry into force of any rules
referred to in article 17 shall be permitted to continue to be so kept
only for such period as may be prescribed.
(2) The rules referred to in article 17 may also provide for
transitional periods within which such breeders shall conform
therewith.

Revocation of 19. The Director for Veterinary Services may revoke a permit
permit. where -
Amended by:
XXXV. 2014.12. (a) the information submitted at the time of the
application was incorrect or misleading in such
manner that, had the information been known at the
time the permit was granted, the application would
have been rejected;
(b) in the opinion of the Director for Veterinary Services,
circumstances exist which are detrimental to the
welfare and safety of animals;
(c) the permit has been granted for a housing system for a
purpose which is different from that for which that
housing system is intended to serve.

Part VIII
Breeding of Animals
Breeding of 20. (1) The Minister may make regulations providing for the
animals. breeding of animals, including the method of breeding as well as
the species and categories of animals which may be used for
breeding purposes.
(2) The Minister may make regulations prescribing that the
young of such species or categories of animals, as may be specified
 ANIMAL WELFARE [ CAP. 439. 9

in the regulations, shall not be separated from their parent until

they have reached such age as may be prescribed.
(3) All persons involved in the breeding of animals shall be
responsible for the anatomical, physiological and behavioural
characteristics of such animals, which are likely to put at risk the
health and welfare of either the offspring or the parents.

21. No animal, as is referred to in article 20(2), shall be sold, Sale of animals,

kept in stock to be sold, offered for sale, let or delivered for trade, etc.
unless in accordance with regulations prescribed under this Act.
Part IX
Transport of Animals
22. The Minister may make regulations concerning the manner Regulations
in which transport of animals by road, by sea or by air shall be regarding transport
of animals.
carried out.
23. (1) Species and categories of animals, as may be Transport of
prescribed, may not be transported, whether locally from one place animals.
Amended by:
to another or abroad, unless - XXXV. 2014.13.
(a) the animals are accompanied by a certificate issued by
an official appointed by the Minister stating that he has
found the animals fit for transport; and
(b) the animals are provided with or accompanied by the
identification marks or documents indicated in the
certificate; and
(c) unless under such conditions and restrictions, as the
Director for Veterinary Services may deem fit to
impose; and
(d) the transport is in accordance with prescribed
regulations.
(2) The provisions of subarticle (1)(a) and (b) shall not apply
to transport carried out in the course of or for the benefit of one’s
work or enterprise, provided that this is in conformity with the
prescribed regulations.
(3) The provisions of subarticle (1) shall not apply to the
transport abroad of animals which have not been loaded for
transportation purposes, in Malta.

24. The official referred to in article 23 shall only issue a Issue of certificate.
certificate after having inspected the animals before loading and
shall not issue a certificate -
(a) if the animals are not properly provided with or
accompanied by the identification marks or documents
referred to in article 23,
(b) if the animals have given birth forty-eight hours prior
to departure;
(c) if he is of the opinion that the animals are likely to
give birth during carriage;
(d) if he is of the opinion that the animals are ill or injured
or unfit for transport, taking into account the nature of
 10 [ CAP. 439. ANIMAL WELFARE

the means of transport, the nature, manner or duration

of that journey or the circumstances under which
transport is to take place; and
(e) if he is of the opinion that the observance of the
conditions laid down by or in pursuance of this article
cannot be ensured during transport.

Revocation of 25. The Director for Veterinary Services may revoke a

certificate. certificate issued in accordance with article 23 if he thinks that
Amended by:
XXXV. 2014.14. circumstances have occurred or have become known under which,
had they been known or had they occurred at the time the certificate
was issued, the certificate would not have been issued.
Certificates and 26. (1) During the transportation of animals, the transporter
documents. shall, at all times, carry appropriate documentation issued in
Amended by:
XXXV. 2014.15. accordance with article 23.
(2) Animals which fall ill or are injured during transport shall
receive first-aid treatment as soon as possible; they shall be given
appropriate veterinary treatment and, if necessary, undergo
emergency slaughter in a way which does not cause them any
unnecessary suffering.

Part X
Use of Animals at Competitions
Competitions. 27. Competitions which test the speed or strength of an animal
shall not be organised, nor shall animals be entered for such
competitions, unless the competitions are held in accordance with
regulations made under this article.
Regulations 28. The Minister may make regulations concerning the keeping
regarding animals of animals for the purposes of recreation, sports, instruction,
for purposes of
recreation, etc. education, public display, shows, exhibitions, sale at markets and
auctions or for any other similar purposes.
Regulations 29. The Minister may make regulations to regulate the
regarding administration or otherwise of substances which may be used on
administration of
substances. animals participating in competitions.
Inspection of 30. (1) Animals shall not be entered for competitions or take
animals. part in competitions if, on inspection, the animal’s body is found to
contain one or more of the substances specified in the prescribed
regulations, the ingredients whereof or the metabolites of which
exceed the maximum quantity established in the said regulations.
(2) The Minister may make regulations to provide for the
manner in which inspections referred to in subarticle (1) shall be
carried out.

Animal fights. 31. Animal fights shall not be organized, and nor shall animals
be entered for animal fights.
 ANIMAL WELFARE [ CAP. 439. 11

Part X A Added by:

Circuses XXXV. 2014.16.

31A. It shall not be lawful for any person to use animals for Prohibition of use
performances, exhibitions, shows or for the training thereof in of animals in
circuses.
circuses. Added by:
XXXV. 2014.16.
31B. It shall not be lawful for any person, including circus Prohibition of
operators and circus promoters, to promote, advertise or allow the promotion of
circuses using
promotion or advertisement of circuses using animals in Malta. animals.
Added by:
XXXV. 2014.16.
31C. If a circus operator or circus promoter contravenes or fails Contravention or
to comply with the provisions of this Part or of any regulations failure to comply
with this Part.
made thereunder, without prejudice to the provisions of Part XIV Added by:
of this Act, the Director for Veterinary Services shall be authorised XXXV. 2014.16.
to:
(a) order the cancellation of permits or licences for the
establishment and operation of circuses in Malta;
(b) order the closure of the circus or part thereof; and
(c) issue any temporary measure as the Director for
Veterinary Services may deem necessary to ensure the
welfare of animals in circuses, including orders for the
treatment, relocation or forfeiture of animals, which
temporary orders shall remain in force until such time
the Court makes any order under this Act.
31D. Without prejudice to the provisions of Part XIV of this Act, Treatment,
the Court may issue such orders for the treatment, relocation or relocation or
forfeiture of
forfeiture of animals used in circuses or kept for the purpose of use animals used in
in circuses. circuses.
Added by:
XXXV. 2014.16.
31E. The provisions of this Part shall not apply to zoos licensed Exemption.
under this Act on the grounds that the exemption does not Added by:
XXXV. 2014.16.
jeopardise the objectives of the provisions of this Act.
31F. The Minister may make regulations to provide for the Power of Minister
enforcement of any restriction imposed on the use of animals in to make
regulations.
circuses referred to in this Act. Added by:
XXXV. 2014.16.
Part XI
Biotechnology and Animal Experiments
32. (1) Only persons who have been issued a licence by the Biotechnology.
Director for Veterinary Services, acting on the advice of the Council, Amended by:
XXXV. 2014.17;
may carry out any of the following practices: XXI of 2020.
(a) the alteration of the genetic material of animals in a
manner which ignores the natural barriers of sexual
reproduction and of recombination;
(b) the application of biotechnological technology to
animals or embryos; and
(c) the administration of such substances, as may be
prescribed by regulations made under this article,
which alter the functioning of an animal forming part
 12 [ CAP. 439. ANIMAL WELFARE

of such species or categories of animals as may be

listed in the said regulations.
(2) Animals or animal products which have been subjected to
the practices referred to in subarticle (1) shall not be produced,
transported, put at another person's disposal, sold, bought, kept in
stock to be sold, disposed of or introduced in Malta, without the
written authority of the Director, or in breach of any condition
attached to such authority.
(3) The licence referred to in subarticle (1) may be issued,
suspended, modified or revoked by the Director.

Issue of licence. 33. (1) The licence referred to in article 32 shall be issued
only when the practices in question will not affect the health or
welfare of animals, and such practices shall not be in breach of
ethical rules and standards which may be drawn up by the Council.
(2) The licence shall specify the practice for which it is
required and it may include any conditions and restrictions which
the Minister may deem necessary.

Application for 34. The Minister may make regulations for governing the
licence. procedures to be followed for licences, referred to in article 32, to
be issued.
Licence for 35. (1) No animal experiment may be conducted without a
experiments. licence issued by the Director acting on the advice of the Council or
Amended by:
XXI of 2020. any of its sub-committees delegated by it.
(2) Licences issued by the Director shall permit experiments in so
far as they are intended to benefit, either directly or indirectly, the health
or nutrition of human beings or animals as well as for any other purpose
deemed by the Director to be of sufficient value.
(3) The Minister may make regulations specifying the
information required for the issue of a licence for carrying out
animal experiments, the fees payable for the filing of applications
for such licences as well as the grounds on which applications shall
be refused.
(4) Licences may be issued subject to such conditions and
restrictions, as the Director may deem fit to impose.

Animal 36. (1) The Minister may make regulations providing for
experiments. procedures to be followed in the case of experiments involving an
animal.
(2) Experiments to which such regulations refer must be
specifically declared to the Council and may not be held unless
authorised by the Council.
(3) Animal experiments may only be performed by competent
authorised persons, or under the direct responsibility of such a
person, and only if the experimental or other scientific project
concerned is authorised in accordance with the provisions of this
Act.
 ANIMAL WELFARE [ CAP. 439. 13

37. (1) A licence may be granted to competent persons subject Grant and
to such restrictions and conditions as the Minister may deem fit to revocation of
licences.
impose, and may be varied, supplemented or cancelled by the Amended by:
Minister. XXXV. 2014.18.

(2) A licence shall be revoked if the information submitted in

the application is incorrect, inaccurate or misleading such that a
different decision would have been taken if the correct information
had been available at the time when the application was under
consideration.
(3) A licence may be revoked if -
(a) the licence holder does not comply with the conditions
of the licence;
(b) no use of the licence is made for a continuous period
of one year;
(c) the person for whom the licence is issued has been
found guilty of an offence under this Act or an offence
affecting public trust.
(4) A licence issued under this Part of this Act may be granted
to a natural or legal person but it shall not be transferable; if the
licence holder is a natural person, the licence shall expire upon the
death of the licence holder and shall not be transmitted to the heirs.

38. (1) It shall not be lawful to carry out an animal experiment Purpose of
unless the way in which the experiment is to be conducted has been experiments.
determined by a person whose qualifications satisfy the
requirements laid down in regulations as may be prescribed.
(2) No animal experiment shall be carried out -
(a) for a purpose which may also be achieved by means
other than an animal experiment, or by means of an
experiment using fewer animals or entailing less
distress than the experiment in question; or
(b) for a purpose the importance of which does not justify
the distress caused to the animal; or
(c) for such purposes as may be prescribed.

39. (1) It shall be unlawful to conduct an experiment on Unlawful

animals which - experiments.

(a) were not bred in a licensed breeding establishment

operated by the licence holder; or
(b) were not obtained directly from another licensed
establishment in which animals are bred or used either
exclusively or mainly for animal experiments or
scientific research.
(2) For the purposes of subarticle (1) "breeding establishment"
means any establishment where animals are bred with a view to
their use in experiments.

40. (1) The holder of a licence under article 37 shall be Obligations of

obliged to ensure that the animal suffers as little distress as possible licence holder.
 14 [ CAP. 439. ANIMAL WELFARE

without defeating the object of the experiment.

(2) The licence holder shall ensure that, if the animal on which
the experiment is being carried out could experience distress as a
result of acts carried out without anaesthetic, a general or local
anaesthetic is administered to the animal to prevent such distress:
Provided that this obligation shall not apply in cases where
the anaesthetic would defeat the object of the experiment.
(3) The licence holder shall ensure that any animal which, if
allowed to live, would suffer distress for more than a short period
as a result of an act performed as part of the experiment, is
immediately put to death. Should the object of the experiment thus
be defeated, the animal shall be put to death as soon as the
experiment permits.
(4) The Minister may make regulations prescribing that such
categories of treatment as may be specified in the regulations shall
in all cases be carried out under anaesthetic.

Records on 41. (1) The licence holder shall keep detailed records
experiments. concerning the procurement of animals for experiments as well as
the experiments conducted, and shall supply this information to the
Council.
(2) It shall be the duty of the licence holder to ensure the
services of a veterinary surgeon to supervise the welfare of the
animals undergoing experiments.

Power to make 42. (1) The Minister may make regulations to regulate the
regulations establishment, administration, upkeep and general maintenance of
regarding
administration, etc. any installation, building or group of buildings, premises or other
facilities intended for the carrying out of animal experiments.
(2) Animals may not be bred or supplied for the purpose of
experiments without a licence granted in accordance with
regulations made under subarticle (1).

Part XII
Aggressive Animals
Aggressive 43. (1) Save as may otherwise be prescribed, aggressive
animals. animals which may present a danger to the safety of man or other
Amended by:
XXXV. 2014.19. animals and which are classified as such by the Minister shall not
be bred, imported or sold in Malta.
(2) Save as may otherwise be prescribed, aggressive animals
shall not be kept in stock and may be slaughtered or culled if this is
deemed to be necessary or expedient by the Director for Veterinary
Services or Director for Animal Welfare.

Substituted by: Part XIII

XXXV. 2014.20. Commissioner for Animal Welfare
and Animal Welfare Officers
Power to make 44. (1) The Minister may make regulations to provide for and
regulations relating to regulate the duties and powers of officials, hereinafter referred
to officials.
to as "animal welfare officers".
 ANIMAL WELFARE [ CAP. 439. 15

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

member of the Malta Police Force and any local community officer
shall, by virtue of his office, be deemed to be an animal welfare
officer appointed to act generally for the purposes of this Act.
(3) Animal welfare officers shall act under the direction of the
Director for Animal Welfare in the exercise and performance of
their powers, duties, and functions conferred or imposed upon them
under this Act.

44A. (1) There shall be a Commissioner for Animal Welfare Commissioner for
who shall be appointed by the Prime Minister after consultation Animal Welfare.
Added by:
with the Minister. XXXV. 2014.22.
(2) The Commissioner shall have the following functions:
(a) promote the implementation of and compliance with
the provisions of this Act;
(b) promote and advocate for animal welfare and the
highest standards of health, keeping and treatment of
animals;
(c) promote educational campaigns and social dialogue on
issues relating to animal welfare;
(d) cooperate and make arrangements with entities or
persons interested in animal welfare to enable him to
better monitor the implementation of and compliance
with the provisions of this Act;
(e) to make recommendations to the Minister and the
Council on the making of standards, guidelines and
regulations relating to animal welfare;
(f) review and investigate, either out of his own motion or
following a complaint received by him, the functions
and workings of the Council, the Directorate of
Veterinary Services, or the Directorate responsible for
Animal Welfare;
(g) prepare and publish a report of the findings in any
formal investigation and shall include in it such
recommendations and redress as appears to be
necessary or expedient; and
(h) the performance of such other functions as may from
time to time be assigned to the Commissioner by the
Minister.
(3) No person shall be qualified to hold the office of
Commissioner if such person:
(a) is a Member of the House of Representatives; or
(b) is serving as a judge or magistrate; or
(c) is legally incapacitated or interdicted; or
(d) is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in
Malta, or has made a composition or arrangement with
his creditors; or
 16 [ CAP. 439. ANIMAL WELFARE

(e) is interdicted or incapacitated for any mental infirmity

or for prodigality by a court in Malta, or is otherwise
determined to be of unsound mind; or
(f) has been convicted of a crime affecting public trust or
theft or fraud, or of knowingly receiving property
obtained by theft or fraud, or an offence against this
Act or regulations made thereunder.
(4) The Minister may make regulations generally concerning
the office of the Commissioner.

Added by: Part XIII A

XXXV. 2014.23. Enforcement Powers
Enforcement 44B. (1) Notwithstanding the provisions of any other law, for
powers. the purposes of carrying out their functions under this Act, the
Added by:
XXXV. 2014.23. Director for Veterinary Services, the Director for Animal Welfare,
Amended by: animal welfare officers or any such officer or person as may be
XXII.2019.3. authorised by the Director for Veterinary Services or Director for
Animal Welfare, shall have the right to:
(a) enter any premises, public or private, at all reasonable
times, and in the case of a dwelling house after giving
reasonable notice of at least twenty-four hours, to
inspect, detect and investigate any offence under this
Act which has been or is likely to be committed, to
collect evidence and, without prejudice to the
generality of the powers to examine under this Act,
such persons shall have the power to examine any
animal, food, medicine, structure, animal housing
system, enclosure, vehicle, station, documents,
equipment or laboratory. Any person entering any
premises in pursuance to this sub-article shall produce
his authority or his identity prior to or upon entering
such premises;
(b) (i) seize any animal which has been subject or likely to
be subject to ill treatment or in relation to which an
offence under this Act or any regulations under the Act
has been or is likely to be committed;
(ii) seize any equipment, animal products, gear,
instruments and, or appliances which he believes
has been used in the commission of such offence
or in respect of which he believes such offence
has been committed or that is the result of an
offence under this Act or any regulations under
the Act;
(iii) seize or take copies of any documents which he
believes are relevant to any such offence under this
Act or any regulations under the Act;
(c) forfeit, seal off and render non-functional any
equipment, apparatus or materials used in offences;
(d) inspect all records, licences, permits and notifications
issued under this Act or required to be kept or
preserved under this Act;
 ANIMAL WELFARE [ CAP. 439. 17

(e) carry out inspections, elevate samples, take

photographs, film, video recording or electronic image
in order to verify compliance with this Act or any
conditions subject to which a licence or permit is
issued under this Act;
(f) be furnished with such information as such person may
reasonably require with respect to any matter
regulated by this Act;
(g monitor any activity, elevate samples, take
photographs, a film, video recording or electronic
image in pursuance to any investigations of offences
under this Act; and
(h) generally ensure compliance with the provisions of
this Act.
(2) For the purpose of performance of any functions under this
Act, the Director for Veterinary Services, Director for Animal
Welfare, animal welfare officers or any other such officer or person
as may be authorised by the Director for Veterinary Services or
Director for Animal Welfare may request the assistance of the
Malta Police Force, any local council, any department of
Government or any agency of Government.
(3) The provisions of sub-article (1) shall be without prejudice
to the powers of the Police, community officers, the Comptroller of
Customs, the Director for Veterinary Services or of any other Cap. 9.
authority under the Criminal Code or other law.
(4) The Director for Veterinary Services, the Director for
Animal Welfare, animal welfare officers or any other officers
appointed or authorised under this Act shall, notwithstanding any
other law, have the right to assist the Police in the conduct of
prosecution under this Act or regulations made thereunder and to
plead the case before the court.
(5) At his discretion, the Director for Animal Welfare or
Director for Veterinary Services may not return to their owners any
animals and, or objects that are confiscated, impounded, seized or
in any way removed by the Director for Animal Welfare or Director
for Veterinary Services:
Provided that the Director for Animal Welfare or Director
for Veterinary Services may also dispose of such animals and, or
objects in line with regulations that the Minister may make:
Provided further that any expenses related to the confiscation,
impounding, seizure and, or disposal of any animal and or object shall
be fully borne by the contravenor.
(6) Any person who hinders, obstructs, molests or interferes
with or attempts to hinder, obstruct, molest or interfere with the
Director for Veterinary Services, Director for Animal Welfare, any
animal welfare officer or such other person appointed by the
Director for Veterinary Services or Director for Animal Welfare, or
any officer of the Malta Police Force, community officer, or public
officer, employee or servant of any department of Government or
of any Government agency in the execution of duties under this Act
 18 [ CAP. 439. ANIMAL WELFARE

or regulations made thereunder or fails to comply with any

reasonable requirement demanded of him by any such person as
aforesaid or otherwise to assist him in the carrying out the said
duties, or who knowingly furnishes such person with false or
misleading information or neglects or refuses to give any
information required for the purpose of the aforesaid shall be guilty
of an offence under this Act.

Responsibility for 44C. Any animal welfare officer or any such officer or person
any loss or authorised by the Director for Veterinary Services or Director for
damage suffered.
Added by: Animal Welfare in the performance of his functions under this Act or
XXII.2019.4. under any other law administered by the Department, shall not be
liable for any loss or damage suffered by any person by reason of
anything done or omitted to be done in good faith in the course of the
administration of this Act or of any other law.

Part XIV
Offences and Penalties
Offences and 45. (1) Any person who acts in violation of this Act or in
penalties.
Amended by: breach of regulations made thereunder shall:
L.N. 426 of 2007;
V. 2011.47. (a) on first conviction, be liable to a fine (multa) of not
Substituted by:
XXXV. 2014.24. less than two thousand euro (€2,000) but not
Amended by: exceeding sixty five thousand euro (€65,000) or to a
XXII.2019.5. term of imprisonment for a period not exceeding three
(3) years or to both such fine and imprisonment;
(b) on a second or subsequent conviction, be liable to a
fine (multa) of not less than six thousand euro (€6,000)
but not exceeding eighty thousand euro (€80,000) or to
a term of imprisonment for a period not exceeding
three (3) years or to both such fine and imprisonment.
(2) The liability of an offender under sub-article (1) shall be
without prejudice to the powers of the Director for Veterinary
Services, Director for Animal Welfare or any other officer to
suspend or revoke any licence, permit or authorisation issued under
this Act or any regulations made thereunder.
(3) Without prejudice to the provisions of sub-article (1), any
person found guilty of committing an offence under this Act may,
in addition to the penalties prescribed under the last foregoing sub-
article, be ordered by the Court to pay for any expenses incurred
for the treatment, relocation or forfeiture of animals from any place
in Malta, the revocation of any permits issued for the operation of
any activity regulated under this Act and for other reasonable
expenses as the Court may deem fit.
(4) The provisions of this Act shall be without prejudice to any
criminal proceedings or any other proceedings that may be
instituted under other laws.
 ANIMAL WELFARE [ CAP. 439. 19

46. The Minister may prescribe regulations for the Power to make
enforcement of any restriction or obligation relating to the regulations
regarding
protection of animals and animal welfare in general contained in a restrictions or
Convention, Treaty or any other international agreement to which obligations.
Amended by:
Malta is a party and may provide in the prescribed regulations that L.N. 426 of 2007;
any contravention of any such restriction or obligation shall XXXV. 2014.25;
constitute an offence against this Act and shall liable to such XXII.2019.6.
penalty as may be prescribed, being a penalty of a fine (multa) not
exceeding eighty thousand euro (€80,000):
47. (1) Where the Director for Veterinary Services or Director Administrative
for Animal Welfare has reasonable cause to believe that - penalties.
Amended by:
(a) an offence against this Act and any regulations made XXXV. 2014.26.
thereunder has been committed by any person; and
(b) it would be more appropriate to impose a penalty under
this article,
he may cause a notice in writing in accordance with subarticle (2)
in the appropriate formto be served on that person:
Provided that in the case of a person who has already been
found guilty of an offence under this Act, the provisions of sub-article
(1) will not apply and criminal proceedings will be instituted in case of
a second offence under this Act.
(2) A notice under subarticle (1) shall specify -
(a) the date and nature of the offence;
(b) a summary of the facts upon which the allegation that
an offence has been committed is based (being a
sufficient summary fully and fairly to inform the
person of the allegation against him);
(c) any other matters (not being previous convictions) that
the Director for Veterinary Services or Director for
Animal Welfare considers relevant to the imposition of
a penalty; and
(d) the amount of the penalty due, and where the penalty
due depends on a previous conviction, the date of such
conviction,
and shall be endorsed on a statement setting out the provisions of
this article.
(3) Any person on whom a notice under subarticle (1) is served
may, within thirty days after such service by notice in writing in the
appropriate form served on the Director for Veterinary Services or
Director for Animal Welfare, require that proceedings in respect of
the alleged offence shall be dealt with by the Court, in which case
the following provisions shall apply:
(a) no further proceedings shall be taken under this article
by the Director for Veterinary Services or Director for
Animal Welfare; and
(b) nothing in this article shall be construed to prevent the
institution of any proceedings in respect of the alleged
offence or the conviction of the person for the offence
 20 [ CAP. 439. ANIMAL WELFARE

by the Court or the imposition of any penalty or

forfeiture under this Act upon such conviction.
(4) Any person on whom a notice under subarticle (1) is served
who does not wish that proceedings in respect of the alleged
offence shall be dealt with by the Court may by notice in writing
served on the Director for Veterinary Services or Director for
Animal Welfare -
(a) admit the offence, and
(b) pay the amount of the penalty to the Director for
Veterinary Services or Director for Animal Welfare
within thirty days after the notice of the penalty is
served or after such subsequent period as the Director
for Veterinary Services or Director for Animal Welfare
may determine.
(5) Where under this article a person admits an offence, the
Director for Veterinary Services or Director for Animal Welfare shall
impose a monetary penalty on that person in respect of the offence,
being a penalty not exceeding eighty thousand euro (€80,000).
(6) The penalty imposed under subarticle (5) shall be due as a
civil debt enforceable by the competent Court of civil jurisdiction
in favour of the Government and the declaration by the person on
whom the penalty is imposed that he admits the charge shall
constitute an executive title for the purposes of article 253 of the
Cap. 12. Code of Organization and Civil Procedure in the same manner as if
it were a judgement of the competent Court of civil jurisdiction.
(7) Where a person on whom a notice under subarticle (1) is
served does not, within thirty days after the notice is served on him,
admit the offence, the Director for Veterinary Services or Director
for Animal Welfare shall institute proceedings or cause proceedings
to be instituted before the Court in respect of the alleged offence.

Power to make 47A. The Minister may make regulations as shall be deemed
regulations. appropriate to provide for the establishment and imposition of
Added by:
XXII.2019.8. administrative penalties and other enforcement and administrative
measures as may be specified therein.

Part XV
Exceptions in relation to hunting or killing
Hunting of 48. Subject to the provisions of articles 32 to 42 (both
animals. inclusive), the hunting or killing of any animal in a wild state; or
any wild animal or pest shall not be governed by the provisions of
this Act.
Part XVI
Appeals
Revision of 49. (1) Where the Director for Veterinary Services or Director
Director’s for Animal Welfare refuses the issuing of a permit or of a licence
decisions.
Substituted by: required by or under this Act, or modifies such permit or licence or
V. 2007.25. cancels the same, the person applying for the permit or licence or
Amended by:
XXXV. 2014.27. the person holding the permit or the licence, as the case may be,
shall have the right, by not later than five working days, to appeal
 ANIMAL WELFARE [ CAP. 439. 21

against the decision of the Director for Veterinary Services or

Director for Animal Welfare wherein that person shall state the
reasons why the decision of the Director for Veterinary Services or
Director for Animal Welfare should be cancelled or modified.
(2) Such appeal shall lie to the Administrative Review Tribunal
established in terms of article 5 of the Administrative Justice Act, Cap. 490.
and the provision of this Act shall apply to such an appeal.
(3) The Administrative Review Tribunal shall, as soon as it
receives the appeal in accordance with subarticle (1), send the said
appeal to the Director for Veterinary Services or Director for
Veterinary Services or Director for Animal Welfare for Animal
Welfare so that, within two days, the Director for Veterinary
Services or Director for Animal Welfare may reply in writing
thereto, wherein he shall indicate the reasons why the appeal
should be quashed; however the Director for Veterinary Services or
Director for Animal Welfare may, where it appears to him that the
appeal is justified, change his decision in accordance with the
appeal and inform the Tribunal, within the period given to him for
his reply.
(4) When the Tribunal receives the reply of the Director for
Veterinary Services or Director for Animal Welfare, or the time
given for the reply shall have elapsed without the receipt, the
Tribunal shall hear the appeal and in doing so it shall be composed
of the Chairperson of the Tribunal and those members of the
Council appointed under article 4(1)(c), (d) and (e) and one of the
members appointed in terms of article 4(1)(f).
(5) The Tribunal shall, within five days of the receipt of the
appeal, study the case and hear any person whom it shall deem
appropriate, including both parties.
(6) After the Tribunal decides the appeal it shall give an order
in writing to the Director for Veterinary Services or Director for
Animal Welfare according to its decision; a copy of the Tribunal’s
decision shall also be sent to the appellant.

Part XVII
Saving
50. Any regulations made under articles 38, 40, 62, 97, 125, Saving.
127 and Part VIII of the Code of Police Laws, which articles and Cap. 10.
Part are repealed by this Act, shall continue to remain in force as if
made under this Act and may be amended, substituted or revoked
accordingly.