VETERINARY SERVICES g CAP. 437.  1
CHAPTER 437
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.
Preliminary
Short title.
Definitions.
''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, Veterinary Services, 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 industrial processing thereof, and organic or inorganic
substances, used singly or in mixtures, whether or not containing
additives, for oral animal feeding;
''immunological veterinary medicinal product'' means a
veterinary medicinal product administered to animals in order to
produce active or passive immunity or to diagnose the 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; 
''official veterinarian'' means a veterinary surgeon 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;
''private veterinary activity'' has the meaning assigned to it in
2 g CAP. 437. VETERINARY SERVICES
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 partner'' means such State, or group of States, 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;
''veterinary services'' means the authority in Malta, or in a
trading partner, or in a third country, as the case may be,
empowered to carry out veterinary inspections and examinations;
''veterinary medicinal product'' means any medicinal product
intended for animals;
''withdrawal period'' means that period of time, as may be
specified by the Director from time to time, with reference 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.
VETERINARY SERVICES g CAP. 437.  3
PART I
Veterinary requirements
Veterinary 
requirements.
4. Within the scope of this Act, the veterinary requirements
shall include -
( 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.
Control of 
contagious 
diseases.
5. (1) The Minister may prescribe rules concerning the
prevention and control of diseases and, in particular, may by such
rules - 
( 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
4 g CAP. 437. VETERINARY SERVICES
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.
6. (1) The Department shall, within twenty-four hours of
each such occurrence, notify trading partners about -
( 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.
7. The Minister may prescribe rules establishing systems for
the identification and registration of animals.
Movements of live 
animals and 
germinal products.
8. The Minister may prescribe rules concerning the health
conditions to be observed in relation to the movement of live
animals and germinal products. 
Import conditions 
relating to live 
animals and 
germinal products.
9. (1) The Minister may prescribe rules concerning the
conditions, and particularly health conditions, under which live
animals and germinal products may be imported from third
countries.
(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
VETERINARY SERVICES g CAP. 437.  5
live animals and germinal products, to be used by the
importers.
Placing on the 
market of products 
of animal origin.
10. (1) The Minister may prescribe rules concerning the
production and, after consultation with the Minister responsible for
public health, may prescribe rules concerning the placing on the
market of products of animal origin. 
(2) The Director shall publish in the Gazette the list of
establishments approved for processing and placing on the market
products of animal origin.
Animal health 
measures.
11. The Minister may prescribe rules concerning animal health
measures to be taken for the production, processing and placing on
the market of products of animal origin.
Import conditions 
relating to products 
of animal origin.
12. (1) The Minister may, in agreement with the Minister
responsible for public health, prescribe rules concerning the
conditions, and particularly health and sanitary conditions, under
which products of animal origin may be imported from third
countries.
(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.
Prohibition of use 
of certain 
substances.
13. The Minister may, with the concurrence of the Minister
responsible for public health, prescribe rules -
( 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.
Animal waste and 
pathogens.
14. The Minister may, in consultation with the Minister
responsible for the environment, prescribe rules concerning the
measures to be taken for the disposal and processing of animal
waste and pathogens, for their placing on the market, and for the
prevention of pathogens in feeding stuffs of animal or fish origin.
Veterinary 
inspections relating 
to live animals and 
products of animal 
origin.
15. (1) The Minister may prescribe rules concerning the
veterinary inspections to be carried out on live animals, germinal
products, animal waste, pathogens and products of animal origin,
which are intended for trade and which are subjected to exchange
with trading partners.
6 g CAP. 437. VETERINARY SERVICES
(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 agents responsible for a disease referred to in the Second
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.
16. (1) The Customs Department shall not authorise the
release, for free circulation in Malta, of live animals or products of
animal origin, including the products listed in the First Schedule,
imported into Malta, unless it is satisfied that the requirements laid
down in this article have been complied with.
(2)  The Minister may, with the concurrence of the Minister
responsible for Customs, prescribe rules concerning 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
measures be taken, and shall establish 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 consignor 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
VETERINARY SERVICES g CAP. 437.  7
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.
Certification.
certification to be established in connection with veterinary
inspections and control of live animals and animal products and
prescribe rules concerning fees to be paid in connection with the
inspectorate activity.
Financial 
measures.
18. (1) The financial measures which are to be taken for the
purpose of the eradication of diseases shall consist of -
( 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 applied consist of, at least, the
isolation of the holding from the time of a suspicion of the presence
of the disease and following official confirmation of the disease,
and - 
( 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
financial contribution only if the measures defined by the
veterinary services to prevent the risk of the spread of infection are
respected, and where the waiting period established by 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
8 g CAP. 437. VETERINARY SERVICES
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
subarticles (2), (3) and (4) shall apply, notwithstanding the
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 State 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
''market support measures'' means such measures as may be
permitted, in agreement with trading partners, to be taken to
support market prices in the case of the outbreak of any of the
diseases listed in the Fifth Schedule.
Financial 
contribution to a 
national scheme.
19. (1) Subject to the provisions of this Act, the Director may
set up national schemes for the prevention, control and eradication
of diseases listed in the Fourth Schedule.
(2) The Minister may, with the concurrence of the Minister
responsible for finance, prescribe rules to bring into effect the
VETERINARY SERVICES g CAP. 437.  9
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.
20. The Minister may, with the concurrence of the Minister
responsible for finance, prescribe rules concerning the fees to be
charged by the Director for veterinary inspections and for the
control of live animals and animal products.
Relations with 
trading partners in 
the veterinary 
field.
21. The Minister may, with the concurrence of the Minister
responsible for Foreign Affairs, prescribe rules regarding the
assistance and co-operation which the veterinary services are to
provide to trading partners so as to ensure the proper application of
veterinary and zootechnical rules, the prevention and detection of
infringements of such rules and the detection of any activity which
is or may be contrary thereto.
Part II
Requirements with regard to Animal Feeding Stuffs
Requirements 
regarding feeding 
stuffs.
22. Within the scope of this Act, the veterinary requirements in
the field of feeding stuffs shall include -
( 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.
10 g CAP. 437. VETERINARY SERVICES
Inspections and 
approval of 
establishments in 
the animal 
nutrition sector.
23. The Minister may prescribe rules relating to the
organisation, the inspection and the conditions for the approval of
establishments in the animal nutrition sector and, without prejudice
to the generality of the foregoing, may, in particular, prescribe
rules regarding -
( 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
National Veterinary Laboratory, prescribe rules regarding the
additives which may be incorporated in feeding stuffs, the use of
certain products, the prohibition of undesirable substances 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.
25. The Minister may prescribe rules regarding the methods of
sampling and analysis of feeding stuffs and the assessment of
products and additives used in animal nutrition.
Circulation of feed 
materials and 
marketing of 
compound feeding 
stuffs.
26. The Minister may prescribe rules regarding the circulation
of feed materials and the marketing of compound feeding stuffs.
Preparation, 
placing on the 
market and use of 
medicated feeding 
stuffs.
27. The Minister may prescribe rules regarding the conditions
governing the preparation, the placing on the market and the 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.
PART III
Requirements with regard to Veterinary Medicinal Products
Requirements in 
veterinary 
medicinal 
products.
29. Within the scope of this Act, the requirements in the field
of veterinary medicinal products shall include - 
( 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
VETERINARY SERVICES g CAP. 437.  11
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.
Marketing of 
veterinary 
medicinal 
products.
30. The Minister may, after consulting the Head of the
National Veterinary Laboratory, prescribe rules regarding the
marketing of veterinary medicinal products.
Standards and 
protocols in respect 
of veterinary 
medicinal 
products.
31. The Minister may, with the concurrence of the Minister
responsible for Public Health, prescribe rules regarding the
analytical, the pharmaco-toxicological and the clinical standards,
and the protocols in respect of the testing of veterinary medicinal
products. 
Authorisation for, 
and supervision of, 
veterinary 
medicinal 
products.
32. The Minister may, after consulting the Head of the
National Veterinary Laboratory, prescribe rules regarding the
authorisation for, and the supervision of, veterinary medicinal
products listed in the Sixth Schedule.
Fees.
responsible for finance, prescribe rules regarding the fees to be
charged for services rendered by the veterinary services under the
provisions of this Part of this Act.
PART IV
Zootechnical requirements in connection with Animal Breeding
Zootechnical 
requirements.
34. The Minister may prescribe rules regarding zootechnical
requirements in animal breeding and, without prejudice to the
generality of the foregoing, may, in particular, prescribe rules
regarding -
( 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
Obligations of 
persons in the field 
of veterinary 
activities.
35. (1) The owner, the keeper, the dealer or the importer, the
consignee, the carrier, the retailer or any other person authorised
under the provisions of this Act to dispose of live animals, products
of animal origin, products listed in the First Schedule, animal
feeding stuffs or veterinary medicinal products, or the
12 g CAP. 437. VETERINARY SERVICES
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
VETERINARY SERVICES g CAP. 437.  13
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
14 g CAP. 437. VETERINARY SERVICES
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 guilty of an offence
against this article and shall, on conviction, 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 ten thousand liri, or of both such fine and imprisonment.
Monitoring of 
certain substances, 
animal waste and 
pathogens.
36. (1) The owner, the keeper, the dealer or the importer, the
consignee, the carrier, the retailer or any other person authorised
under the provisions of this Act to dispose of live animals, products
of animal origin, products listed in the First Schedule, animal
feeding stuffs or veterinary medicinal products, or the
representative of such persons, or any person in charge of a private
veterinary activity subject to the provisions of this Act -
( 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
VETERINARY SERVICES g CAP. 437.  15
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
who acts in contravention thereof shall be guilty of an offence
against this article and shall, on conviction, 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 ten thousand liri, or of both such fine and imprisonment.
Obligations 
relating to trade 
and importations.
37. (1) The owner, the keeper, the dealer or the importer, the
consignee, the carrier, the retailer or any other person authorised
under the provisions of this Act to dispose of live animals, products
of animal origin, products listed in the First Schedule, animal
feeding stuffs or veterinary medicinal products, or the
representative of such persons, or any person in charge of a private
veterinary activity subject to the provisions of this Act -
( 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
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
16 g CAP. 437. VETERINARY SERVICES
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
VETERINARY SERVICES g CAP. 437.  17
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
who acts in contravention thereof shall be guilty of an offence
against this article and shall, on conviction, 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 ten thousand liri, or of both such fine and imprisonment.
Obligations 
relating to animal 
feeding stuffs and 
veterinary 
medicinal 
products.
38. (1) The owner, the keeper, the dealer or the importer, the
consignee, the carrier, the retailer or any other person authorised
under the provisions of this Act to dispose of live animals, products
of animal origin, products listed in the First Schedule, animal
feeding stuffs or veterinary medicinal products, or the
representative of such persons, or any person in charge of a private
veterinary activity subject to the provisions of this Act -
( a ) shall obtain all relevant authorisation from the
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;
18 g CAP. 437. VETERINARY SERVICES
( 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 guilty of an offence
against this article and shall, on conviction, 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 ten thousand liri, or of both such fine and imprisonment.
PART VI
Professional Veterinary Activities
The Veterinary 
Surgeons’ Council.
39. (1) There shall be a Council, to be called the Veterinary
Surgeons’ Council, hereinafter referred to as ''the Council'', which
shall exercise and perform the functions assigned to it by this Act.
(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
the Council, appoint an officer of the Department to act as
Registrar of the Council.
Terms of 
appointment and 
vacancies.
40 . (1) The Chairman shall hold and vacate his office in
accordance with the terms of his appointment, but may at any time
resign his office by notice in writing to the Prime Minister.
(2) The members appointed or elected, as the case may be,
VETERINARY SERVICES g CAP. 437.  19
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 appointment shall be made or an election held to fill the
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 notwithstanding any vacancy amongst its
members.
Proceedings of the 
Council.
41. (1) In the absence of the Chairman from any meeting of
the Council, the members present shall elect one of them to preside
over the meeting.
(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, subject to the provisions 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 which 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.
Functions and 
duties of the 
Council.
42. (1) The Council shall:
( 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;
20 g CAP. 437. VETERINARY SERVICES
( 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.
43. (1) Professional veterinary activities shall comprise both
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, as being comparable to the degree or
formal qualification, in the subject, in Malta, if any,
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;
VETERINARY SERVICES g CAP. 437.  21
( f ) Repealed by Act XVIII. 2002.10 ;
( g ) is a citizen of Malta or is otherwise legally entitled to
work in Malta.
(4) Repealed by Act XVIII. 2002.10 .
(5) ( a ) The Council shall keep a register, to be called the
Veterinary Surgeons’ Register, in which shall be
entered the name of every veterinary surgeon to whom
a warrant has been granted by the President of Malta
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,
provided that such degree, diploma or comparable
formal qualification relates to the profession of
veterinary surgeon and is recognised by the Council.
Private veterinary 
activities.
44. The Minister may, after consultation with the Council,
prescribe regulations regarding the registration of veterinary
surgeons exercising private veterinary activities, the definition of
private veterinary activities, and the execution of private veterinary
activities.
State veterinary 
activities.
45. The Minister may, after consultation with the Council,
prescribe regulations regarding the appointment of veterinary
surgeons in charge of State veterinary activities, and the execution
of State veterinary activities.
Regulations in 
retlation to mutual 
recognition of 
qualifications.
Added by:
XVIII. 2002.10.
Cap. 450.
45A. The Minister may make regulations for bringing into effect
the provisions of the Mutual Recognition of Qualifications Act and
subsidiary legislation issued thereunder, in relation to the mutual
recognition of qualifications of veterinary surgeons.
Breach of 
obligations.
46. (1) Where a veterinary surgeon is found to be in breach of
any of the obligations or conditions laid down under this Act, and
without prejudice to any other liability under any other law, the
Council may suspend or cancel the registration of the veterinary
surgeon from the Veterinary Surgeons’ Register.
(2) The Minister may, in consultation with the Council,
prescribe regulations for the implementation of the provisions of
this article.
Elections to 
Council.
47. The Minister may make regulations prescribing the manner
in which the first elections to the Council shall be held, and
generally for regulating the conduct of elections to the Council.
PART VII
State Veterinary Organisation
Organisation of 
State veterinary 
activities.
48. (1) All State veterinary activities shall be under the
direction and control of the Department of Veterinary Services,
which shall be headed by the Director.
(2) The Department shall exercise its powers and functions in
the entire territory of Malta, including customs warehouses, free
22 g CAP. 437. VETERINARY SERVICES
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.
PART VIII
Functions and Duties of the National Veterinary Laboratory
The Head of the 
National 
Veterinary 
Laboratory.
50. (1)  There shall be a National Veterinary Laboratory which
shall exercise the functions and duties as are assigned to it by this
Act, and which shall be headed by the Head 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
this Act, the National Veterinary Laboratory shall have the
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.
Functions in the 
veterinary field.
51. The National Veterinary Laboratory shall perform its
functions related to post mortem examinations, microbiological
analysis, laboratory diagnosis and analysis or related to the
identification of residues in accordance with internationally
recognised procedures and standards and shall participate in
comparative tests at international levels.
Functions related 
to feeding stuffs.
52. The Minister may prescribe regulations to regulate the
manner in which the National Veterinary Laboratory shall carry out
research on additives, and on undesirable products and substances,
VETERINARY SERVICES g CAP. 437.  23
which may be incorporated in feeding stuffs and products used in
animal nutrition, and the methods to be used in the sampling and
analysis of feeding stuffs and the assessment of products and
additives used in animal nutrition.
Functions in the 
field of veterinary 
medicinal 
products.
53. (1) The National Veterinary Laboratory -
( 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.
(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.
24 g CAP. 437. VETERINARY SERVICES
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 this 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 emergency 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.
55. (1) The Veterinary Surgeons’ Council shall set up a
subcommittee, to be known as the Disciplinary Committee, which
shall be empowered to conduct investigations and give directions
of a disciplinary nature, upon any case in which it is alleged that a
person is liable to have his name removed from the Veterinary
Surgeons’ Register, hereinafter referred to as ''the Register'', or to
have his registration cancelled or suspended, or to be awarded a
pecuniary penalty (recoverable as a civil debt by the Director) of
not more than five hundred liri and admonished, or be liable to any
other penalty as may be deemed appropriate in the circumstances of
the case, and in accordance with the provisions of this Act.
(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 results of its investigations and enquiries, together with its
VETERINARY SERVICES g CAP. 437.  25
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 registration therein shall be suspended for a period to be
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
whose name has been removed or suspended from the Register
shall automatically be deemed to have had his warrant from the
President of Malta, to practice his profession, withdrawn 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 in the Register unless the
Disciplinary Committee, on an application made to it on that
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
months from the date of the removal or the 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 Trades Supplementary to the Veterinary
Profession.
26 g CAP. 437. VETERINARY SERVICES
Obstruction of 
official 
veterinarian.
56. Any person who -
( 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 two hundred liri but not exceeding two
thousand five hundred liri.
Other offences. 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 five thousand liri.
(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, order that any instruments, 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.
Court proceedings. 58. (1) In respect of proceedings for offences charged against
this Act, the Court may award in favour of the Government such
costs and expenses incurred in relation to those proceedings as it
may deem proper.
Cap. 9.
(2) Notwithstanding the provisions of article 413(1)( b ) of the
Criminal Code, the Attorney General shall always have a right of
appeal from any judgment given by the Court of Magistrates,
sitting as a court of criminal judicature, in respect of proceedings
for an offence against this Act.
Convention 
offences.
59. The Minister may by order make such provisions as he may
consider appropriate for the enforcement of any restriction or
obligation relating to the carrying out of veterinary activities and to
animal health in general contained in a Convention to which Malta
VETERINARY SERVICES g CAP. 437.  27
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 twenty-
five thousand liri. Any such order may be amended, substituted or
revoked by the Minister from time to time.
Forfeiture of 
licence or permit.
60. (1)  In the case of a second or subsequent conviction
against this Act, the person convicted shall, in addition to any other
penalty, forfeit any licence or permit, and any relative entry in any
register made under this Act shall be cancelled. The person
convicted may, at the discretion of the Court and in addition to any
other penalty, also forfeit any fees paid for any licence or permit
forfeited as aforesaid or for any entry cancelled as aforesaid, and
shall be incapable for a period of three years from the day of the
second or subsequent conviction, as the case may be, of holding
any such licence or permit or of being so entered in the register
under this Act.
(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.
Administrative 
penalties.
61. (1) Where the Director has reasonable cause to believe
that -
( 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
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
28 g CAP. 437. VETERINARY SERVICES
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 proceedings 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
which the person would be liable if he were convicted of the
offence by the Court.
Cap. 12.
(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
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 respect 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
VETERINARY SERVICES g CAP. 437.  29
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
30 g CAP. 437. VETERINARY SERVICES
THIRD SCHEDULE
(Articles 8, 35 and 37)
Bovine diseases
-  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
VETERINARY SERVICES g CAP. 437.  31
- 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
32 g CAP. 437. VETERINARY SERVICES
- Foot-and-mouth disease
suidae
- Rabies
All susceptible species
FOURTH SCHEDULE
(Articles 8, 19, 35 and 37)
Bovine disease
- 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
VETERINARY SERVICES g CAP. 437.  33
- 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
34 g CAP. 437. VETERINARY SERVICES
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
biotechnology, intended primarily for use as performance
enhancers in order to promote the growth of treated animals or to
increase yields from treated animals.
PART B
Veterinary medicinal 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 medicinal products presented for an entirely new
indication which, in the opinion of the National Veterinary
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 the opinion of the National Veterinary
Laboratory, demonstrate a significant technical advance such as
two-dimensional electrophoresis under micro-gravity. 
Veterinary medicinal products intended for use in food-
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
VETERINARY SERVICES g CAP. 437.  35
through the fusion of two or more cells by means of
methods that do not occur naturally.
the techniques which are not considered to result in genetic
modification, on condition that they do not involve the use of
recombinant DNA molecules or GMOs, are:
polyploidy induction,
in vitro fertilization,
conjugation, transduction, transformation or any other
natural process.
