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Maltese Laws |
VETERINARY SERVICES ACT
To establish and consolidate the requirements in the veterinary field, veterinary medicinal products, feeding stuffs and zootechnical requirements and for the regulation of the veterinary profession.
1st February, 2002
ACT XXIII of 2001, as amended by Act XVIII of 2002; Legal Notice 426 of 2007; and Act XXIII of 2009.
''animal'' means all living members of the animal kingdom, other than human beings, including free-living larval and,
or reproducing larval forms, but excluding foetal or embryonic forms;
''border inspection post'' means any inspection post, designated and approved for the carrying out of veterinary inspections
on live animals and products arriving from third countries at the border of the territory of Malta or at the border of the territory
of any trading partner;
''Council'' means the Veterinary Surgeons’ Council established by article 39;
''Department'' means the Department of Veterinary Services;
''Director'' means the Director, Ve terinary S e rvices , or a veterinary officer nominated by him;
''feeding stuffs'' means products of vegetable or animal origin, in their natural state, fresh or preserved, and products
derived from the indu stri al p r o c essin g t h ereo f, an d o r gan i c o r i nor gani c substances, used singly or in mixtures,
whether or not containing additives, for oral animal feeding;
' ' im muno logical veterinary medicinal product'' means a veterinary medicinal product administered to animals in
order to pr oduce active or passive immunity or to diagnose th e state of immunity;
''importation'' means importation from third countries, of live animals, products of animal origin and products listed
in the First Schedule, into Malta or into the territory of a trading partner;
''Minister'' means Minister responsible for veterinary services;
''of f icial v e terin a ri an'' means a veteri nary su r g eon who is authorised to carry out State veterinary activities;
''placing on the market'' means holding or displaying for sale, offering for sale, selling, delivering, transferring
or any other form of offering for consumption, storage, transport for the purpose of sale and importation for the purpose of sale;
Short title. Definitions.
''private veterinary activity'' has the meaning assigned to it in article 44;
''State veterinary activities'' has the meaning assigned to it in article 45;
''third country'' means any country which is not a trading partner;
''trading partn e r'' means such S t at e, or group of S t ates, or organisation or institution, as may be designated
by the Minister by notice from time to time, which State, group of States, organisation or institution may have entered into any
treaty or agreement, by whatever name called, with the Government of Malta relating to the provisions of this Act;
''vet eri n ary services'' means the au thority in Malta, or in a
trad ing part ner , or in a thir d co untry, as the case may be, empowered to carry out veterinary inspections and examinations;
''vet eri nary medicin al product'' means any m edicinal product intended for animals;
'' withdrawal period' ' means that period of ti m e , as may b e speci f ied by the Directo r fro m t ime to t ime,
wi th referen c e to particular animals or species of animals, during which the produce and products of animal origin may not be
consumed or sold for human or animal consumption, following the administration or use of veterinary medicines or other chemicals
for therapeutic or other reasons.
Applicability. 3. (1) The provisions of this Act apply to -
(a) the requirements in the veterinary field -
(i) in connection with animal health and public health with regard to live animals including the germinal products referred
to in paragraph (a) of the First Schedule;
(ii) in connection with animal and public health with regard to products of animal origin, including by-products and the plant
products referred to in paragraphs (b) and (c) of the First Schedule;
(b) the requirements in veterinary medicinal products; (c) the requirements relating to feeding stuffs;
(d) the zootechnical requirements in animal breeding. (2) The regulation of -
(a) the rights and obligations of natural and legal persons in the field of veterinary activities, as well as professional
veterinary activities and their execution;
(b) the organisation of the persons exercising private veterinary activities; and
(c) the organisation, scope of authority and powers of the bodies exercising state veterinary activities,
shall be governed by the provisions of this Act.
PART I
Veterinary requirements
(a) measures, concerning live animals, relating to - (i) the control of contagious diseases;
(ii) the notification of diseases;
(iii) animal identification and registration;
(iv) health conditions relating to the movement of live animals and germinal products; and
(v) importation conditions relating to live animals and germinal products imported into Malta from third countries;
(b) measures, concerning products of animal origin, relating to -
(i) the production and placing on the market of products of animal origin;
(ii) animal health measures for the production and placing on the market of products of animal origin; and
(iii) importation conditions relating to products of animal origin imported into Malta from third countries;
(c) measures relating to live animals and products of animal origin concerning -
(i) the prohibition on the use of certain substances;
(ii) the monitoring of certain substances and residues thereof in live animals and products of animal origin; and
(iii) animal waste and pathogens;
(d) measures concerning veterinary inspections relating to the exchange, with trading partners, of live animals and products of
animal origin;
(e) measures concerning veterinary inspections relating to the importation, from third countries, of live animals and products of
animal origin;
(f) certification with regard to veterinary matters; and
(g) the relationship with trading partners in veterinary matters.
Veterinary requirements.
(a) classify diseases as dangerous contagious diseases and prescribe veterinary requirements in relation thereto;
(b) impose obligations on the owners of animals and of products of animal origin, including the obligation to
Control of contagious diseases.
notify the Department, in such circumstances as may be prescribed;
(c) prescribe the procedure for the diagnosis of diseases; (d) impose restrictive measures in case of suspicion or
occurrence of diseases;
(e) establish a National Veterinary Laboratory.
(2) The Minister shall draw up rules concerning contingency plans relating to diseases referred to in subarticle (1).
(3) For the purposes of this article, control of contagious diseases shall include measures for protection against specified
zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections
and intoxications.
Notification of diseases.
(a) the primary outbreak, confirmed in Malta, of any of the diseases listed in the Second Schedule; and
(b) the removal, after the eradication of the last case in an outbreak, of restrictions imposed in relation to the outbreak
of the disease.
(2) Without prejudice to the provisions of subarticle (1), the Department shall notify directly to the trading partners, at least
on the first working day of each week, the secondary outbreaks of any of the diseases listed in the Second Schedule which are confirmed
in Malta. The aforesaid notification shall cover the week ending at midnight between the Sunday and Monday prior thereto.
(3) The notifications referred to in subarticles (1) and (2) shall be communicated in such a manner as may be determined by the
Director.
Identification and registration of animals.
Movements of live animals and germinal products.
Import conditions relating to live animals and germinal products.
(2) The Director shall publish in the Gazette -
(a) a list of third countries from which live animals and germinal products are authorised to be imported into Malta;
(b) a list of collection centres, approved bodies, institutes or centres, authorised to export live animals and germinal products
to Malta;
(c) a model certificate, relating to the different kinds of
live animals and germinal products, to be used by the importers.
(2) The Director shall publish in the Gazette the list of establishments approved for processing and placing on the market products of animal origin.
Placing on the market of products of animal origin.
(2) The Director shall publish in the Gazette -
(a) a list of third countries from which products of animal origin are authorised to be imported into Malta;
(b) a list of establishments authorised to export products of animal origin to Malta;
(c) a model certificate relating to the different kinds of products of animal origin, to be produced by the importers.
Animal health measures.
Import conditions relating to products of animal origin.
(a) concerning the prohibition of the use, in stock farming, of substances which have a hormonal or thyreostatic action and of beta
agonists and bovine somatotrophin, and of other substances which may, in the opinion of the Minister responsible for public health,
be injurious to public health; and
(b) concerning the measures to be taken to monitor substances and residues thereof in live animals and products
of animal origin.
Prohibition of use of certain substances.
Animal waste and pathogens.
Veterinary inspections relating to live animals and products of animal origin.
(2) The Minister may prescribe the measures to be taken during an inspection carried out at the place of origin and destination
of a consignment or during transportation.
(3) The Minister may prescribe the manner in which costs relating to the measures prescribed in subarticle (2) shall be
borne by the consignor or his representative or by the person responsible for the animals or products of animal origin.
(4) The Minister may prescribe the measures to be taken in the case where the veterinary services in Malta establish the presence
of ag ents respon sibl e fo r a d i se a s e re fe rr ed to in t h e S e con d Schedule, a zoonosis or disease, or any cause likely
to constitute a serious hazard to animals or humans.
(5) In the cases referred to in subarticles (2) and (4), the Director may order that immediate emergency measures be
taken, and shall establish direct contacts with the persons, organisations or administrations concerned in Malta or abroad.
Importation of live animals and products of animal origin.
(2) The Minister may, with the concurrence of the Minister responsi b le for Cust oms, p r escri b e rules co ncern
i ng the organisation and the action to be taken following the inspection of live animals; and the action to be taken following
the inspection of products of animal origin.
(3) The Director may order that immediate emergency m e asures be taken, and sh all es tablish direct contact with
the persons, organisations or administrations concerned in Malta or abroad where -
(a) in a third country, any of the diseases listed in the Second Schedule, a zoonosis or other disease, or any other circumstance
liable to present a serious threat to animal or public health, manifests itself or spreads; or
(b) any other serious animal health or public health reason so warrants, in the light of findings of the veterinary experts of
a trading partner or on the basis of the inspections carried out at a border inspection post of a trading partner; or
(c) any one of the inspections provided for in this article indicates that any consignment of live animals or products of
animal origin, including the products listed in the First Schedule, is likely to constitute a danger to animal or human health.
(4) The Minister may by regulations prescribe the manner in which costs relating to the measures prescribed in subarticle (2)
shall be borne by the consigno r or his representative or by the person responsible for the animals or products of animal origin.
(5) The Minister may prescribe the frequency of veterinary
inspections relating to importations, from third countries, of live animals and products of animal origin, including the products
listed in the First Schedule.
(6) The Minister may prescribe regulations for the approval of border inspection posts situated in Malta, and for the suspension,
for reasons related to public or animal health, of the said border inspection posts.
(a) financial contributions and compensatory measures within the framework of an emergency, as declared by order of the Minister;
and
(b) financial contributions in connection with national schemes for the eradication of particular diseases.
(2) In the event of an outbreak of any of the diseases listed in the Fifth Schedule, the veterinary services shall define protection
zones and the owners of animals shall receive such State financial contribution from the veterinary services for the eradication
of the disease, as the Minister may from time to time establish, subject to the condition that the measures appli ed co nsist o f,
at least, th e isolation of the holding from the time of a suspicion of the presence of the disease and following official confirmation
of the disease, and -
Certification.
Financial measures.
(a) the veterinary services demand the slaughter of animals of susceptible species which have been affected
or contaminated or suspected of having been affected or contaminated, and their destruction, and, in the case of avian plague, the
destruction of the eggs;
(b) the veterinary services demand the destruction of contaminated feeding stuffs and contaminated equipment,
in the case where the contaminated items cannot be disinfected in accordance with paragraph (c); and
(c) the veterinary services demand the cleaning, disinsectisation and disinfection of the holdings and of the equipment
on the holdings.
(3) The owners of animals shall be entitled to receive a State financi a l contri bution only if the measures d e fi ned by the
veterinary services to prevent the risk of the spread of infection are respected, and w h ere the wai ting p e riod estab lished
b y the veterinary services to be observed after the slaughter and before the re-stocking of the holding is complied with.
(4) Without prejudice to any market support measures that may be taken, the State financial contribution may, if appropriate, be
divided into tranches; the contribution, which must be adequate and given without delay, may be in the form of -
(a) the reimbursement of the costs incurred by the owners in the slaughter, destruction of animals and, where appropriate,
their products, for the cleaning, disinsectisation and disinfection of holdings and equipment, and for
the destruction of the contaminated feeding stuffs and contaminated equipment referred to in subarticle (2)(b); or
(b) where the veterinary services have ordered that animals, or certain types or species of animals, are to be vaccinated,
the supply of the vaccine and the administration of the vaccination by the veterinary services shall be carried out
free of charge.
(5) Subject to the provisions of subarticle (6), the provisions of su barticles (2), (3) and (4 ) shall apply, not withstan ding
th e existence of any eradication programme, in accordance with the provisions of article 19, in respect of the disease.
(6) In the event of an outbreak of Newcastle disease in Malta, the provisions of subarticles (2) and (3) shall apply:
Provided that the Minister may authorise, under certain conditions and for a limited period and within a limited area, the
recourse to vaccination, but, in such case, no S t ate financial contribution shall be granted for the supply of the vaccine or for
the administration of the vaccination.
(7) The Minister may apply the provisions of subarticles (3) and (4), with the exception of the provisions of subarticle (4)(b), to a zoonosis.
(8) The Minister may by regulations add to the list of diseases listed in the Fifth Schedule any disease which is likely to constitute
a danger to public or animal health in Malta.
(9) For the purposes of this article -
''protection zone'' means any area as may be officially declared by the Minister, being an area based on a minimum
radius of three kilometres and a surveillance zone based on a minimum radius of ten kilometres, taking into account natural boundaries,
wherein the presence of a notifiable disease has been diagnosed, and wherein measures shall be taken, in accordance with the provisions
of this Act, for the control and the eradication of the disease; and
''ma rke t support me asures '' me ans such meas ure s a s may be per mitted, in agr e em en t with trading p a r
t ners, to be taken to support market prices in the case of the outb rea k of an y of t he diseases listed in the Fifth Schedule.
Financial contribution to a national scheme.
(2) The Minister may, with the concurrence of the Minister resp on si bl e fo r fi na nce , p re scrib e ru les to brin
g into effect the
provisions of this article, and, without prejudice to the generality of the foregoing, may, in particular, prescribe rules regarding
-
(a) the diseases which are to be subject to a national scheme of eradication;
(b) the conditions under which the owners of animals shall obtain a State financial contribution from the veterinary
services for the eradication of these diseases; and
(c) the State financial contribution and other services provided by the veterinary services within the framework
of the scheme.
Requirements concerning financing of veterinary inspections.
Relations with trading partners in the veterinary field.
Part II
Requirements with regard to Animal Feeding Stuffs
(a) the organisation of inspections and the conditions for the approval of establishments involved in the animal nutrition sector;
(b) the additives which may be incorporated in feeding stuffs, the use of certain products and the prohibition of undesired
substances and products used in animal nutrition;
(c) the methods of sampling and analysis of feeding stuffs and the assessment of products and additives used in animal nutrition;
(d) the circulation of feed materials and the marketing of compound feeding stuffs;
(e) the conditions governing the preparation, the placing on the market and the use of medicated feeding stuffs; and
(f) the fees payable in connection with any service provided by the veterinary services in the animal nutrition
sector.
Requirements regarding feeding stuffs.
Inspections and approval of establishments in the animal nutrition sector.
(a) the organisation of official inspections in the field of animal nutrition;
(b) the conditions under which establishments and intermediaries operating in the animal nutrition sector shall be approved
and registered; and
(c) the inspections to be carried out on feeding stuffs imported from third countries.
Additives. 24. The Minister may, after consulting the Head of the N a tio nal Ve t e rin a ry L a bor ator y, p r escr ibe rul e s reg a rdi ng the additives which may be incorporated in feeding stuffs, the use of cer tain prod ucts, the proh ibi tion of und esir able su bstances and products used in animal nutrition, and the use and marketing of enzymes and micro-organisms, and their preparation in connection with animal nutrition.
Methods and sampling and analysis.
Circulation of feed materials and marketing of compound feeding stuffs.
Preparation, placing on the market and use of medicated feeding stuffs.
Fees. 28. The Minister may, with the concurrence of the Minister responsible for finance, prescribe rules regarding the fees to be levied -
(a) for the examination of the documentation relating to additives; and
(b) in connection with the approval and registration of establishments and intermediaries.
Requirements in veterinary medicinal products.
PART III
Requirements with regard to Veterinary Medicinal Products
(a) requirements in connection with the marketing of veterinary medicinal products;
(b) the establishment of the analytical, pharmaco- toxicological and clinical standards and protocols in respect of
the testing of veterinary medicinal products;
(c) the procedures to be observed for the authorisation and
supervision of the production, distribution and use of veterinary medicinal products; and
(d) the fees to be levied for the authorisation and supervision of veterinary medicinal products.
PART IV
Zootechnical requirements in connection with Animal Breeding
(a) pure-bred breeding animals of the bovine species; (b) pure-bred breeding animals of the swine species;
(c) pure-bred breeding animals of the ovine and caprine species;
(d) zootechnical and genealogical conditions governing trade in equidae;
(e) trade in equidae intended for competition and conditions for participation in such competitions;
(f) zootechnical and pedigree requirements for the marketing of other pure-bred animals; and
(g) zootechnical and genealogical conditions applicable to the importation, from third countries, of animals, their semen, ova and
embryos.
PART V
Obligations of certain persons and other bodies
Marketing of veterinary medicinal products.
Standards and protocols in respect of veterinary medicinal
products.
Authorisation for, and supervision of, veterinary medicinal
products.
Fees.
Zootechnical requirements.
Obligations of persons in the field of veterinary activities.
Amended by:
L.N. 426 of 2007.
representative of such persons, or any person in charge of a private veterinary activity subject to the provisions of this Act -
(a) shall declare his activity to the veterinary services, in accordance with the provisions of this Act, as the Director
may determine;
(b) shall provide the necessary cooperation and assistance to the officers of the veterinary services, the official veterinarian
or his authorised staff, in the performance of any State veterinary activity; without prejudice to the generality of the foregoing,
such persons shall -
(i) allow the execution of the veterinary inspections, examinations or inspections of live animals, products
of animal origin, products listed in the First Schedule, animal feeding stuffs or veterinary medicinal products;
(ii) restrain and transport animals in accordance with the provisions of this Act relating to identification controls,
examination of animals, preventive vaccinations or eradication of diseases;
(iii) collect, transport and show in the best conditions products of animal origin, products listed in the First Schedule, feeding
stuffs and veterinary medicinal products in accordance with the provisions of this Act relating to controls
or inspections of such products, feeding stuffs and veterinary medicinal products;
(iv) allow access to the veterinary services at any time, as the case may require, to places where live animals, products
of animal origin, products referred to in the First Schedule, animal feeding stuffs or veterinary medicinal products are kept or
transported; and
(v) assist the officers of the veterinary services in any treatment which they may deem necessary to be carried out on products
of animal origin, products referred to in the First Schedule, animal feeding stuffs or veterinary medicinal products;
(c) shall observe any obligation imposed under this Act relating to contagious diseases, and implement the rules relating
thereto; without prejudice to the generality of the foregoing, such persons shall -
(i) co-operate and assist in the control of contagious diseases, and in the declaration and notification to the veterinary services
of any suspicion of any of the contagious diseases listed in the Second Schedule;
(ii) observe the obligations imposed by the veterinary services, in the case of a suspected outbreak of any
of the diseases listed in the Second Schedule including any obligation
concerning the restriction of movement of animals and humans, the slaughtering of animals, the destruction
of animal products, feeding stuffs and equipment, and the cleaning and disinfection of premises, material and equipment;
(iii) identify and register animals, and declare the movements of animals for which they are responsible;
(iv) keep individual registers for each holding for which they are responsible;
(v) observe the health conditions in connection with the movements of live animals and germinal products;
(vi) produce, at the request of any officer of the veterinary services, the necessary certificates or documents;
(vii) declare and notify to the veterinary services any suspected outbreak of any contagious diseases listed in the Third
Schedule, or any of the diseases listed in the Fourth Schedule which are subject to a national programme of eradication;
(viii) observe the obligations imposed by the veterinary services in the case of a suspected outbreak of
the diseases listed in the Third Schedule, or any of the diseases listed in the Fourth Schedule which are subject
to a national programme of eradication, including obligations concerning the restriction of movement of animals, the
slaughtering of animals, the destruction of animal products, feeding stuffs and equipment, and the cleaning and disinfection
of premises, material and equipment;
(d) shall comply with the conditions relating to the importation of live animals, germinal products and products
of animal origin, and provide foreign operators with the appropriate model of certificates, relating to the different
kinds of live animals, germinal products and products of animal origin, to be used;
(e) shall produce, at the request of the officers of the veterinary services, the necessary certificates or documents;
(f) shall notify the veterinary services of any suspicion of zoonosis or other disease or any other phenomenon or circumstance liable
to present a serious threat to animal or public health;
(g) shall abide by the suspension or the withdrawal, by the officers of the veterinary services, of any authorisations
or official approval, following the results of inspections carried out by such officers, or following the use or manufacture
of unauthorised
substances or products by such person;
(h) shall observe the obligations, imposed by the veterinary services, relating to restriction of trade for products
declared unfit for human consumption, or unauthorised substances or products, or relating to the destruction of products of
animal origin which present a serious threat to animal or public health;
(i) shall observe the animal health measures for the production and placing on the market of live animals and products
of animal origin, and produce, at the request of the officers of the veterinary services, the necessary certificates or documents;
(j) shall observe any withdrawal period, as may be ordered under the provisions of this Act;
(k) shall assist the veterinary services in the monitoring of such substances, and residues thereof, in live animals and products
of animal origin as may be provided by or under this Act;
(l) shall pay the relevant fees for the inspections and controls referred to in this article, or in any regulations as may
be prescribed thereunder; and
(m) shall generally assist and co-operate with the veterinary services in any activities, ordered by the veterinary
services, designed to avoid the outbreak of diseases amongst animals or for the control thereof.
(2) The Minister may make rules providing that any person who acts in contravention thereof shall be gu il ty of an offe
nce agai nst thi s article an d shall, on convi ction, be liable to such penalty as may be prescribed by the Minister, being a penalty
of not more than imprisonment for six months or of a fine (multa) of not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), or of both such
fine and imprisonment.
Monitoring of certain substances, animal waste and pathogens. Amended by:
L.N. 426 of 2007.
(a) shall assist the veterinary services in the monitoring of such substances, and residues thereof, as may be provided by
or under this Act, in live animals and products of animal origin;
(b) shall place on the market only animals to which no unauthorised substances or products have been administered or which
have not undergone any illegal treatment contrary to the provisions of this Act;
(c) shall not place in a holding or on the market animals which have been treated with veterinary medicinal
products, unless the relevant withdrawal period has been observed before the animals were so placed or slaughtered;
(d) shall not accept, whether by direct delivery or through an intermediary, any animals for which the producer is not able to guarantee
that the withdrawal periods have been observed;
(e) shall place under official control, when requested to do so by an officer of the veterinary services, any unauthorised
substances or products, until appropriate measures are taken by the veterinary services;
(f) shall comply with any order for the suspension or withdrawal of any authorisation or approval previously given by the
veterinary services;
(g) shall comply with any order restricting or prohibiting trade in products declared unfit for human or animal consumption, or
ordering the destruction of products of animal origin which present a serious threat to animal or public health;
(h) shall pay the relevant fees for the inspections and controls referred to in this article, or in any regulations as may
be prescribed; and
(i) shall generally assist and co-operate with the veterinary services in any activities, ordered by the veterinary
services, designed to avoid the outbreak of diseases amongst animals or for the control thereof.
(2) The Minister may make rules providing that any person wh o act s i n co nt ra ven ti on t h ere of sh al l be g ui lt
y of an offen ce ag ainst th is arti cle and shal l, on con v ictio n, be liab l e to such penalty as may be prescribed by the Minister,
being a penalty of not more than imprisonment for six months or of a fine (multa) of not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), or of both such
fine and imprisonment.
(a) shall place on the market only those animals which have been correctly identified, and which are not subject to any restriction
of movement because of the suspicion, outbreak or existence of a disease referred to in the Second Schedule or because
of the application of safeguard measures;
(b) shall not place in a holding or on the market, recognised as being free from any of the diseases listed in the
Third or Fourth Schedules, any animal which is
Obligations relating to trade and importations. Amended by:
L.N. 426 of 2007.
not covered by the guarantees in accordance with the provisions of this Act;
(c) shall not accept, whether by direct delivery or through an intermediary, any animals which have not been correctly identified,
and for which the producer is not able to guarantee that the animal is not subject to any restriction of movement because of
the suspicion, outbreak or existence of a disease referred to in the Second Schedule or because of the application of
safeguard measures;
(d) shall not accept in a holding, centre or organisation, or on the market, recognised as being free from any of the diseases listed
in the Third or Fourth Schedules, any animal which is not covered by guarantees, required by the provisions of this Act, to show
that such animal is free from any of those diseases;
(e) shall ensure that all animals intended for trade or slaughter meet the health requirements specified in this article
or in any regulations made thereunder;
(f) shall, before the consignment is divided up or subsequently marketed, check that the identification marks,
certificates or documents are present, and notify the veterinary services of any irregularity or anomaly and, in the
latter case, isolate the animals in question until the veterinary services have taken a decision regarding the said irregularity
or anomaly;
(g) shall report in advance the arrival of animals and germinal products from a trading partner and, in particular,
the nature of the consignment and the anticipated arrival date;
(h) shall keep for a period of not less than six months, and not more than five years, as may be specified by the veterinary services,
the health certificates or documents referred to in article 17, for presentation to the veterinary services, should
the latter so request;
(i) shall ensure that products of animal origin intended for trade have been obtained, checked, marked and labelled in
accordance with the provisions of this Act, and are accompanied to the final consignee by a health certificate, animal health certificate
or by any other document as may be required;
(j) shall ensure, by constant self-supervision, that products of animal origin intended for trade satisfy the requirements
of the provisions of this Act and of any regulations made thereunder;
(k) shall ensure that products of animal origin intended for trade comply with all the requirements in veterinary matters at
all stages of the production, storage, marketing and transport of such products;
(l) shall ensure that uniform tests are carried out on products to which this Act applies, whether the
products are intended for a trading partner or for the national market;
(m) shall place under official control, when requested to do so by the veterinary services, any animals or products of
animal origin, until appropriate measures are taken by the veterinary services;
(n) shall produce, at the request of the veterinary services, the necessary certificates or documents where veterinary
inspections relating to the importation, from third countries, of live animals and products of animal origin, are held;
(o) shall give sufficient prior notice to the veterinary services of the border inspection post, where the animals
are to be presented, specifying the number, nature and estimated time of arrival of the animals;
(p) shall convey directly the animals, under official supervision, to the inspection site or, where applicable, to a
quarantine centre, as may be directed by the veterinary services;
(q) shall forward advance information to the veterinary services, by duly completing, where applicable, any certificate or
document delivered by the inspection service, or by providing a detailed description, in writing or in computerised
form, of any consignment of products of animal origin, including the products referred to in the First Schedule;
(r) shall pay the relevant fees for the inspections and controls referred to in this article, or in any regulations as may
be prescribed thereunder; and
(s) shall generally assist and co-operate with the veterinary services in any activities, ordered by the veterinary
services, related to trading of animal and animal products, and investigations carried out at border inspection posts.
(2) The Minister may make rules providing that any person wh o act s i n co nt ra ven ti on t h ere of sh al l be g ui lt
y of an offen ce ag ainst th is arti cle and shal l, on con v ictio n, be liab l e to such penalty as may be prescribed by the Minister,
being a penalty of not more than imprisonment for six months or of a fine (multa) of not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), or of both such
fine and imprisonment.
(a) shall obtain all relevant authorisation from the
Obligations relating to animal feeding stuffs and veterinary medicinal products. Amended by:
L.N. 426 of 2007.
veterinary services prior to the placing on the market of animal feeding stuffs and veterinary medicinal products;
(b) shall provide, at the demand of the veterinary services, any studies, results or information relating to the animal feeding
stuffs or veterinary medicinal products;
(c) shall comply with any order for the suspension or withdrawal of any authorisation or approval previously given by the
veterinary services;
(d) shall comply with any order restricting or prohibiting trade in feeding stuffs or veterinary medicinal products,
or ordering the destruction of feeding stuffs or veterinary medicinal products which present a serious threat to animal or
public health;
(e) shall pay the relevant fees for the inspections and controls referred to in this article or in any regulations as may
be prescribed thereunder; and
(f) shall generally assist and co-operate with the veterinary services in any activities, ordered by the veterinary
services, related to trading of animal and animal products, and investigations carried out at border inspection posts.
(2) The Minister may make rules providing that any person who acts in contravention thereof shall be gu il ty of an offe
nce agai nst thi s article an d shall, on convi ction, be liable to such penalty as may be prescribed by the Minister, being a penalty
of not more than imprisonment for six months or of a fine (multa) of not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), or of both such
fine and imprisonment.
The Veterinary
Surgeons’ Council.
PART VI
Professional Veterinary Activities
(2) The Council shall consist of the following members:
(a) a Chairman, to be appointed by the Prime Minister, on the advice of the Minister;
(b) the Director or his representative;
(c) two members to be appointed by the Prime Minister, on the advice of the Minister, one of whom shall be a veterinary officer from
the Department; and
(d) four elected members, of whom two shall be veterinary surgeons with experience in the practice on large animals, and
two with experience in the practice on small animals, and who shall be elected by secret ballot by the veterinary surgeons
ordinarily resident in Malta.
(3) The Director shall, after consultation with the Chairman of t h e Cou n cil, ap po int an of fi ce r of the Department to act
as Registrar of the Council.
(2) The members appointed or elected, as the case may be, under article 39(2)(c) and (d) shall be so appointed or elected for a term of three years.
(3) The members appointed under article 39(2)(c) shall hold office on such terms and conditions, and may at any time have their appointment terminated, as the Prime Minister, acting
on the advice of the Minister, may deem appropriate.
(4) Any member appointed or elected, as the case may be, under article 39(2)(c) and (d) may at any time resign his office by notice in writing to the Chairman of the Council.
(5) When a vacancy occurs in the composition of the Council, a new appo int m e nt sh all be mad e o r an el ectio n h e ld to
fill th e vacancy for the remaining term of the member vacating the post, as the case may be, within a period of one month from the
date of such vacancy:
Provided that, subject to the provisions of article 41(6), the Council may act notw ithstanding any vacancy am ongst its members.
Terms of appointment and vacancies.
(2) The Council shall have the power to appoint sub- committees, and to allow at its meetings the presence of persons
who are not members of the Council.
(3) The Council shall meet at least once every three months and, sub j ect to the prov isi ons of subarticle (6), it may act notwithstanding
any vacancy amongst its members.
(4) The Council shall hold its meetings at such time and place as shall be stated in the notice calling the meeting.
(5) The decisions of the Council shall be taken by a majority of votes. The Chairman shall have an original vote, and in case
of equality of votes, also a second or casting vote.
(6) It shall not be lawful for the Council to transact any business unless there are at least four of its members present:
Provided that, if the Council is convened to consider any matter upon wh ich its advice is certified by the Minister to be urgently
required by Government, the Council may take decisions by a majority of members present, notwithstanding that less than four members
may be present.
(7) Subject to the provisions of this Act, the Council may regulate its own procedure.
Proceedings of the
Council.
Functions and duties of the Council.
(a) advise and make recommendations to the President of Malta concerning the grant of warrants to veterinary surgeons to practice
their profession;
(b) keep a Register in respect of such profession and professions and trades supplementary to the veterinary profession;
(c) prescribe and maintain professional and ethical standards for the veterinary profession and professions and trades supplementary
to the veterinary profession;
(d) advise the Minister on any matter, including legislation, affecting such profession and professions and trades
supplementary to the veterinary profession;
(e) advise the Minister on the issue of licences for the running of veterinary practices, veterinary clinics, veterinary
hospitals, veterinary laboratories and other veterinary establishments;
(f) advise and make recommendations to the President of Malta concerning the suspension or withdrawal of warrants to veterinary
surgeons who are found to be in breach of the obligations or conditions laid down under this Act;
(g) plan, monitor and organise professional training of veterinary surgeons and professional proficiency tests for veterinary
surgeons in private veterinary activities;
(h) carry out expert supervision of private veterinary activities as described in article 44;
(i) co-operate in the preparation of programmes of educational and expert training; and
(j) carry out such other functions as may be assigned to it by or under this Act or any other law.
(2) The Council, with the concurrence of the Minister, shall make regulations governing the conditions and procedures for the grant
of veterinary licences.
Professional veterinary activities. Amended by: XVIII. 2002.10; XXIII. 2009.104.
State and private veterinary activities.
(2) No person shall practice as a veterinary surgeon unless -
(a) he holds a warrant to practice from the President of
Malta; and
(b) his name is registered in the Veterinary Surgeons’ Register.
(3) Warrants shall be granted to any applicant who produces a certificate issued by the Council showing that the Council is satisfied
that the applicant -
(a) Repealed by Act XVIII. 2002.10;
(b) has graduated in veterinary medicine and surgery, having a degree or formal qualification recognised by the Council,
after consultation with the Malta Qualifications Council and in terms of the Mutual Recognition of Qualifications Act and legislation made thereunder, as being comparable to the degree or formal qualification, in the subject, in Malta, or in a Member
State, and in trading partners;
(c) Repealed by Act XVIII. 2002.10; (d) is of good character;
(e) is in a state of good physical and mental health; (f) Repealed by Act XVIII. 2002.10;
(g) is a citizen of Malta or of a Member State or is otherwise legally entitled to work in Malta.
(4) (a) The Council shall acknowledge receipt of an application for a warrant as soon as possible and in any case by
no t l a t e r th an o n e mon t h of recei p t of al l relevant documentation submitted in fulfilment of the requirements listed
in the last preceding sub-article. The acknowledgment shall include the time by which the Council expects to reach a decision in
terms of this sub-article and the available means of redress from decisions of the Council:
Provided that in the case of incomplete documentation, the Council shall inform the applicant accordingly:
Provided further that where the applicant is already established in another Member State and, or has obtained his qualifications
in another Member State and, or is a citizen of another Member State, the Council may seek to verify any of the documentation
submitted by the applicant with the relevant competent authority of that Member State in terms of the Services (Internal Market) Act.
(b) The Council shall examine all documentation submitted by the applicant as early as possible and lead to
a duly substantiated decision within three months. Such period shall commence to run from the date of receipt of all necessary
documentation. Where duly motivated, this period may be extended by one month by the Council, provided that the applicant is notified
before the original period set in paragraph (a) has expired.
(c) Lack of response within the timescales set in accordance with this sub-article shall not be deemed to imply the
tacit approval of the applicant’s application.
(5) Without prejudice to sub-articles (2) and (3), and in terms of the Mutual Recognition of Qualifi c ations Act , a n d the Recognition of Professional Qualifications Regulations, 2007, a person may provide veterinary services in Malta, on a
temporary and occasional basis, provided that:
Cap. 451.
Cap. 500.
Cap. 451.
L.N. 422 of 2007
(a) he is legally established in another Member State for the purpose of pursuing the profession of a veterinary surgeon in that
Member State; and
(b) he has pursued the profession of a veterinary surgeon for at least two years during the preceding ten years.
(6) (a) Persons referred to in sub-article (5) shall inform the Cou n ci l in ad van c e of their in ten tion to p r ovid e veteri nary
serv ices i n Malt a by means of a writ ten declaration. Such written declaration shall include:
(i) proof of nationality;
(ii) an attestation certifying that the person is legally established in another Member State for the purpose of pursuing
the profession of a veterinary surgeon in that Member State;
(iii) evidence of his professional qualifications and of his practice during the preceding ten years;
(iv) details of his current insurance cover or of any other means of collective protection with regard to professional liability,
as it may be applicable;
(v) description of the services intended to be provided and the location from where such services are intended
to be provided.
(b) (i) The Council shall, immediately upon receipt of a declaration in terms of the preceding paragraph, send an acknowledgement
to the applicant and inform him of any missing documentation.
(ii) The Council shall, within a maximum of one month from the date of an acknowledged receipt of a completed declaration
and all necessary accompanying documents, inform the applicant of the outcome of the checks of the submitted qualifications
and documents.
(iii) In case of difficulty resulting in delay, the Council shall inform the applicant making the declaration, within
the first month, of the reason for the delay and the timescale within which the Council’s decision shall be finalised:
Provided that the extended timescale shall not be of more than one month.
(iv) In the absence of a reaction from the Council within the deadlines set in this sub-article the service may be provided.
(c) In making its decision in terms of this and the preceding subarticle, the Council shall assess and determine
each application based on its individual merits.
(7) (a) The Veterinary Surgeons’ Council shall keep a list within the Veterinary Surgeons’ Register of persons approved for
the provision of veterinary services on a temporary or occasional basis under this article.
(b) This registration shall be valid for one year and shall be renewed, in advance, for every year in which the applicant intends
to provide temporary or occasional services in Malta during that year:
Provided that, for reasons of public and animal health, the person shall be required to inform the Council each time he intends
to provide veterinary services on a temporary or occasional basis in Malta, fifteen days in advance and shall provide
the Council with the information in terms of subarticle (6)(a)(v).
(8) (a) The Council shall keep a register, to be called the Ve terinary Sur g eons’ Register, in which shall be entered the
name of every veterinary surgeon to whom a warrant has been granted under this article.
(b) Every veterinary surgeon shall be entitled to have entered against his name in the Veterinary Surgeons’ Register, any
degree or diploma which he may hold, prov ided that such degr ee , diploma or comparable form al qu alificat ion rel a tes t o
t h e p r ofession of veterinary surgeon and is recognised by the Council, after consul tatio n w ith the Mal t a Qu alificatio ns
Council.
45A. The Minister may make regulations for bringing into effect the provisions of the Mutual Recognition of Qualifications Act and th e Services (Internal Market) Act , and subsidi a ry l e gislation i s su ed t h ereund er, in rel a tio n t o t h e mu tual reco gni tio n o f qualifications of veterinary surgeons.
(2) The Minister may, in consultation with the Council, prescribe regulations for the implementation of the provisions of this article.
Private veterinary activities.
State veterinary activities.
Regulations in relation to mutual recognition of qualifications. Added by:
XVIII. 2002.10. Amended by:
XXIII. 2009.105.
Cap. 451.
Cap. 500.
Breach of obligations.
Elections to
Council.
Organisation of State veterinary activities.
PART VII
State Veterinary Organisation
(2) The Department shall exercise its powers and functions in the entire territory of Malta, including customs warehouses, free zones or free warehouses.
The Director. 49. Without prejudice to any other obligation relating to the operation of veterinary activities arising out of the provisions of this Act, the Director shall -
(a) be the chief advisor to the Government on any matter relating to animal or veterinary public health or relating to, or
in connection with, the veterinary health services;
(b) submit periodical reports, to the Minister, on the situation concerning State veterinary activities;
(c) report to the Minister any information concerning any new scientific evidence or facts, which may directly or indirectly affect
State veterinary activities;
(d) submit to the Minister the documentation or data required for the making, by the Minister, of rules and, or, regulations
in accordance with the provisions of this Act, and advise the Minister on any matter required to be done by the Minister
under this Act;
(e) liaise with other departments or bodies on matters falling under his responsibility; and
(f) perform such duties and functions as are assigned to him by or under this Act and, generally, to monitor the running of veterinary
activities.
The Head of the National Veterinary Laboratory.
PART VIII
Functions and Duties of the National Veterinary Laboratory
(2) Without prejudice to any other obligation relating to the operation of veterinary activities arising out of the provisions
of th is Act, t h e Nat i o n a l Ve ter i n a ry Lab o r a to ry shal l hav e t h e following functions -
(a) to make reports to the veterinary services concerning veterinary pharmaceuticals; and
(b) to carry out post mortem examinations, microbiological analysis, laboratory diagnosis and analysis,
and residues testing.
(a) shall decide upon any request made by the manufacturer, or by a duly authorized representative, of veterinary
medicinal products employed in the care of animal health, for the purpose of obtaining authorisation for the marketing
of the products in accordance with the provisions of this Act;
(b) shall, where a request under paragraph (a) has been favourably decided upon, issue the authorisation for the marketing of the
veterinary medicinal products in accordance with the provisions of article 30, and include the products in the
List of Approved Veterinary Medicinal Products, which shall, from time to time, be published by the Department;
(c) shall draw up and update assessment reports on the results of analytical and pharmaco-toxicological tests, and the clinical trials
of veterinary medicinal products;
(d) may test medicinal products, their active principles and, if necessary, intermediate products or other constituent
materials, or may submit products for testing by a trading partner laboratory or by a laboratory designated
for that purpose, in order to ensure that the testing methods employed by the manufacturer and described in the
application are satisfactory;
(e) shall decide on the further use or otherwise of a veterinary medicinal product, in cases where an undesirable
effect has been detected;
(f) shall, upon a reference made to it for the purpose, decide whether veterinary medicinal products or other products have
been used in a particular substance; and
(g) shall exercise supervision, on behalf of the veterinary services, on the production, introduction, distribution and use of veterinary
medicinal products.
(2) The National Veterinary Laboratory may, in its decision given under subarticle (1)(a), specify the method of distribution and the period of validity of its decision.
Functions in the veterinary field.
Functions related to feeding stuffs.
Functions in the field of veterinary medicinal products.
(3) In cases where the National Veterinary Laboratory deems it necessary to treat an animal whose life is in danger, or for research
purposes, the National Veterinary Laboratory may permit the use of a veterinary preparation or a veterinary medicinal product which
have not yet been approved and included in the list referred to in subarticle (1)(b).
(4) The Minister may prescribe regulations for the implementation of the provisions of this article.
PART IX
Enforcement, Offences and Penalties
Assistance. 54. For the purpose of enforcing the provisions of this Act, the Director may request the assistance of the members of the Police Force, the Armed Forces of Malta, or of Civil Protection units, as the case may require and, for th is purpose, there shall be a committee composed of representatives from the Police Force, the Armed Forces of Malta and from Civil Protection units, and which shall meet on a regular basis so as to update emer gency and contingency plans; without prejudice to the generality of the foregoing, the Director may, in particular, request such assistance -
(a) where official veterinarians are empowered, by the provisions of this Act, to carry out inspections and supervision
in connection with the restriction of trading of animals, or the prohibition of the movement of persons or animals in
a contaminated area;
(b) in cases of outbreak of major epizootics, for the prevention of the spreading of the disease and the suppression
of contagious animal diseases; and
(c) where official veterinarians are, while carrying out their duties and functions under this Act, confronted with physical
resistance or otherwise obstructed, or when such resistance or obstruction is reasonably expected.
Veterinary Surgeons’ Disciplinary Committee. Amended by:
L.N. 426 of 2007.
(2) The provisions of subarticle (1) shall apply where -
(a) a veterinary surgeon, who is registered in the Register, is convicted in Malta or abroad of a criminal offence, which, in the
opinion of the Disciplinary Committee, renders him unfit to practice the veterinary profession;
or
(b) any such veterinary surgeon is found, by the Disciplinary Committee, to have been guilty of disgraceful
conduct in any professional respect; or
(c) the Disciplinary Committee is satisfied that the name of any such person has been fraudulently entered in the Register.
(3) The Disciplinary Committee will report all its findings and the r esul ts of its inv esti gation s an d enqu iries, tog et
her w ith i ts direction, to the Council.
(4) The Disciplinary Committee may, in cases of a grave offence, direct that a veterinary surgeon’s name be removed from
the Register or, except in a case falling under subarticle (2)(b), that his reg i strati on th erein shal l be suspend e d fo r a p e riod to b e specified in the direction.
(5) The Registrar of the Council shall cause a notice of any direction of the Disciplinary Committee to be served on the person
to whom the direction refers.
(6) Notwithstanding any other provision of this Act, any person who se n ame has been remo ved or su spend ed from t he Regi ster
shall automatically be deemed to have had his warrant from the President of Malta, t o practice his profession, withd r awn or suspended
for the period specified in the direction.
(7) A person to whom a direction has been notified under the provisions of this article may, within twenty-eight days from the
date of service on him of the notice of the direction, appeal to the Veterinary Surgeons’ Council, in accordance with such regulations
as may be prescribed by the Minister for the purpose of this article.
(8) A direction given under the foregoing provisions of this article shall take effect:
(a) where no appeal is made under subarticle (7) against the direction within the time specified for such an appeal, on the
expiration of that time;
(b) where such an appeal is brought and is subsequently withdrawn or struck out as abandoned, on the withdrawal or
striking out of the appeal;
(c) where such an appeal is brought and not withdrawn or struck out as aforesaid, when the decision on the appeal is given.
(9) Where a person’s name has been removed from the Register, in pursuance of a decision as aforesaid, the name
of that person shall not be entered again i n the Register unless the Discipl i nary Commit tee, on an ap pli c ati on made to it
on t h at behalf, otherwise directs.
(10) Where the registration of a person in the Register is suspended in pursuance of a decision as aforesaid, the name of
that person shall not be entered in the Register throughout the period of the suspension, unless the Disciplinary Committee, on application
made to it in that regard, otherwise directs.
(11) Any application under subarticles (9) and (10) shall not be made to the Disciplinary Committee before the expiration of ten
m ont hs from the d a te of the rem oval o r t h e suspension of the registration or ten months from the date of a previous application
thereunder.
(12) The provisions of subarticles (1) to (11) shall, mutatis mutandis, also apply to persons registered in the Register for the Professions and T r ades Supplementary to the Ve terinary Profession.
Obstruction of official veterinarian. Amended by:
L.N. 426 of 2007.
Other offences.
Amended by:
L.N. 426 of 2007.
(a) assaults, resists or wilfully obstructs an official veterinarian in the exercise of his powers under this Act; or
(b) refuses or neglects to comply with any order or direction lawfully made or given under this Act; or
(c) without reasonable cause fails to -
(i) answer any question asked by an official veterinarian; or
(ii) produce anything required to be produced, in pursuance of this Act; or
(d) fails to allow a search or inspection under this Act; or
(e) prevents or attempts to prevent another person from complying with such orders or directions or from answering such
questions, producing anything or allowing a search or inspection; or
(f) for the purposes of obtaining any licence or permit, or for the purported compliance with any requirement to provide any information
under this Act, provides information which he knows to be false in a material particular or recklessly provides information
which is false in a material particular,
shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding five thousand and eigh t hund
red and twenty-th r ee euro and fo rty-three cents (5,823.43).
57. (1) Any person who contravenes any provision of this Act for which no penalty is specifically provided shall be guilty of an offence
and shall be liable, on conviction, to a fine (multa) of not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87).
(2) Where any person is convicted of an offence against this Act, the Court may, in addition to any other penalty that it may
impose, o r der that any instru ments, appliances, products or substances used in the commission of the offence shall be forfeited
to the Government and, if so forfeited, shall be disposed of in such a manner as the Court may determine on the advice of the Director.
(2) Notwithstanding the provisions of article 413(1)(b) of the Criminal Code, the Attorney General shall always have a right of ap peal from any j udgm ent g i ven b y the Court of Magistrates, sitting as a court of criminal judicature, in respect of proceedings for an offence against this Act.
Court proceedings.
Cap. 9.
59. The Minister may by order make such provisions as he may cons ider appropriate for the en for c emen t o f any restri cti on or obligation relating to the carrying out of veterinary activities and to animal health in general contained in a Convention to which Malta is a party and may provide in the order that any contravention of any such restriction or obligation shall constitute an offence against this Act liable to the punishment of a fine (multa) as laid down in the order, which fine (multa) shall not exceed the sum of fifty-eight thousand and two hundred and thirty-four euro and thirty-three cents (58,234.33). Any such order may be amended, substituted or revoked by the Minister from time to time.
(2) Notwithstanding the provisions of subarticle (1), the Minister may, in the circumstances of any particular case and upon application being made to him, direct that the provisions of that subarticle are not to apply to any particular licence, permit or entry in the record of any register under this Act otherwise forfeited.
Convention offences. Amended by:
L.N. 426 of 2007.
Forfeiture of licence or permit.
(a) an offence against this Act has been committed by any person; and
(b) having regard to the previous conduct of the person concerned, it would be appropriate to impose a penalty under this article,
he may cause a notice in writing in accordance with subarticle (2)
in the appropriate form to be served on that person.
(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
Administrative penalties.
Cap. 12.
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 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, 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; 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 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 p r oceedings in respect of the alleged
offence shall be dealt with by the Court may by notice in writing served on the Director -
(a) admit the offence, and
(b) pay the amount of the penalty to the Director within thirty days after the notice of the penalty is served or after such subsequent
period as the Director may determine.
(5) Where under this article a person admits an offence, the Director shall impose a monetary penalty on that person in respect
of the offence amounting to one third of the maximum penalty to whi c h the person wou l d b e l i able if he were co nvicted o f
th e offence by the Court.
(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 w hom th e pen a lty is im po sed th at h e adm its t h e ch arge
sh all constitute an executive title for the purposes of article 253 of the Code of Organization and Civil Procedure in the same manner as if it were a judgement of the competent Court of civil jurisdiction.
(7) Notwithstanding any other provisions of this Act or of any other enactment, where an offence has been admitted under this
article no charge may be laid in respect of the offence against any person by whom it has been admitted.
(8) 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 shall institute proceedings or cause proceedings to be instituted before the Court in resp ect of
the alleged offence.
FIRST SCHEDULE
(Articles 3, 16, 35, 36, 37, 38, 44 and 45)
Germinal products, by-products and plant products subject to veterinary requirements
(a) Germinal products:
Semen, ova and embryos of domestic species and other species according to the requirements of the trading partners in this matter.
(b) By-products:
A detailed list of these products (by-products not listed in Annex II of the Treaty on the European Union), shall be drawn
up in regulations prescribed by the Minister, on the advice of the Director, taking into account the requirements of
the trading partners in this matter.
(c) Plant products:
A detailed list of plant products which, particularly on account of their subsequent destination, may give rise to the risk of spreading
infectious or contagious animal diseases and, for that reason, are to be subjected to veterinary inspections, shall be
drawn up in regulations prescribed by the Minister, on the advice of the Director.
SECOND SCHEDULE
(Articles 6, 15, 16, 35 and 37)
Diseases which are the subject of the notification referred to in article 6
Foot-and-mouth disease
Rinderpest (cattle plague)
Contagious bovine pleuropneumonia
Bluetongue
Swine vesicular disease
Classical swine fever
African swine fever
Porcine enterovirus encephalomyelitis (was Teschen disease) Avian influenza (was fowl plague)
Newcastle disease
African horse sickness
Vesicular stomatitis
Peste des petits ruminants
Rift Valley Fever
Lumpy skin disease
Sheep and goat pox (Capripox)
Infectious hematopoietic necrosis
Bovine spongiform encephalopathy
Bovine diseases
THIRD SCHEDULE
(Articles 8, 35 and 37)
- Foot-and-mouth disease
- Rabies
- Tuberculosis
- Brucellosis
- Contagious bovine pleuropneumonia
- Enzootic bovine leukosis
- Anthrax
Swine diseases
- Rabies
- Brucellosis
- Classical swine fever
- African swine fever
- Foot-and-mouth disease
- Swine vesicular disease
- Anthrax
Sheep and goats diseases
- Foot-and-mouth disease
- Brucellosis (B. melitensis)
- Contagious epidydimitis (B. ovis)
- Anthrax
- Rabies
- Scrapie
Equidae diseases
- Dourine
- Glanders
- Equine encephalomyelitis (of all types, including VEE)
- Infectious anaemia
- Rabies
- Anthrax
- African horse sickness
- Vesicular stomatitis
Poultry diseases
- Avian influenza
- Newcastle disease
Fish diseases
- Infectious salmon anaemia (ISA) Atlantic salmon (Salmo salar)
- VHS (Viral haemorrhagic septicaemia) Salmonid species
Grayling (Thymallus thymallus) Whitefish (Coregonus spp.)
Pike (Esox lucius)
Turbot (Scophthalmus maximus)
- Infectious haematopoietic necrosis (IHN) Salmonid species
Pike fry (Esox lucius) Molluscs diseases
- Bonamia ostreae
Flat oyster (Ostrea edulis)
- Marteilla refringens Flat oyster (Ostrea edulis) Other species diseases
- Newcastle disease
Birds
- Avian influenza
Birds
- Psittacosis
Psittacidae
- American fowlbrood
Bees
- Foot-and-mouth disease
Ruminants
- Brucellosis (Brucella ssp.)
suidae
- Tuberculosis suidae
- Classical swine fever suidae
- A frican swine fever suidae
- Foot-and-mouth disease suidae
- Rabies
All susceptible species
Bovine disease
FOURTH SCHEDULE
(Articles 8, 19, 35 and 37)
- Infectious bovine rhinotracheitis
Swine diseases
- Aujeszky's disease
- Brucella suis infection
- Transmissible gastro-enteritis
Sheep and goats diseases
- Contagious agalactia
- Paratuberculosis
- Caseous lymphadenitis
- Pulmonary adenomatosis
- Maedi visna
- Caprine viral arthritis. encephalitis
Fish diseases
- Infectious pancreatic necrosis (IPN)
- Spring viraemia of carp (SVC)
- Bacterial kidney disease (BKD) (Renibacterium salmonidarum)
- Furunculosis (Aeromonas salmonicida)
- Enteric redmouth disease (ERM) (Yersinia ruckeri)
- Gyrodactylus salaris
Crustaceans
Crayfish plague (Aphanomyces astaci) Other species diseases
- Viral enteritis
Mink
- Aleutian disease
Mink
- European foulbrood
Bees
- Varroasis and acariasis
Bees
- Tuberculosis
Apes and felids
- Tuberculosis
Ruminants
- Myxomatosis
Lagomorphs
- Viral haemorrhagic disease
Lagomorphs
- Tularaemia
Lagomorphs
FIFTH SCHEDULE
(Article 18)
Foot-and-mouth disease
Rinderpest (cattle plague)
Contagious bovine pleuropneumonia
Bluetongue
Swine vesicular disease
Classical swine fever
African swine fever
Porcine enterovirus encephalomyelitis (was Teschen disease) Avian influenza (was fowl plague)
African horse sickness
Vesicular stomatitis
Peste des petits ruminants
Rift Valley Fever
Lumpy skin disease
Sheep and goat pox (Capripox) Hemorrhagic disease of deer
Venezuelan equine viral encephalomyelitis
SIXTH SCHEDULE (Article 32) PART A
Veterinary medicinal products developed by means of one of the following biotechnological processes:
recombinant DNA technology,
controlled expression of genes coding for biologically active proteins in prokaryotes and eukaryotes including transformed
mammalian cells,
hybridoma and monoclonal antibody methods
Veterinary medicinal products, including those not derived from biot echnol ogy, in ten d ed primarily for use as performance enhancers
in order to promote the growth of treated animals or to increase yields from treated animals.
PART B
Ve terinary medi cin a l products developed by other biotechnological processes which, in the opinion of the National Veterinary
Laboratory, constitute a significant innovation.
Veterinary medicinal products administered by means of new delivery systems which, in the opinion of the National Veterinary Laboratory,
constitute a significant innovation.
Veterinary m edicinal products presented for an ent i rely new i n d i cati o n w h ich , in t h e opi ni on of t h e Nati on al Ve
terinary Laboratory, is of significant therapeutic interest.
Veterinary medicinal products based on radio-isotopes which, in the opinion of the National Veterinary Laboratory, are of significant
therapeutic interest.
Veterinary medicinal products the manufacture of which employs processes which, in th e opinio n of the Nation a l Ve terinary Laboratory,
demonstrate a significant technical advance such as two-dimensional electrophoresis under micro-gravity.
Ve terinary m e dici nal p r od ucts in tend ed fo r u s e in foo d - producing animals containing a new active substance which, on
the date of entry into force of this Act, was not authorized by Malta or any trading partner for use in food-producing animals.
PART C
Genetically modified organism (GMO) means an organism in which the genetic material has been altered in a way that does not occur
naturally by mating and, or natural recombination.
Within the terms of this definition genetic modification occurs at least through the use of the techniques of genetics, which are
inter alia:
recombinant DNA techniques using vector systems;
techniques involving the direct introduction into an organism of heritable material prepared outside the organism including
micro-injection, macro-injection and micro-encapsulation;
cell fusion (including protoplast fusion) or hybridization techniques where live cells with new combinations
of heritable genetic material are formed through the fusion of two or more cells by means of methods that do not occur naturally.
the techniques which are not cons id ere d t o re sult i n gen e ti c modification, on condition that t h ey d o no t in vo lve t
h e use of recombinant DNA molecules or GMOs, are:
polyploidy induction, in vitro fertilization,
conjugation, transduction, transformation or any other natural process.
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URL: http://www.worldlii.org/mt/legis/laws/vsa437c366