                PREVENTION OF DISEASE    ġ CAP. 36.  1
CHAPTER 36 
PREVENTION OF DISEASE ORDINANCE
To amend and consolidate the laws for preventing the introduction and spread of infectious,
contagious and epidemic diseases affecting either mankind or animals. 
(10th August, 1908) *
Enacted by ORDINANCE VIII of 1908, as amended by Ordinance V of 1912; Acts: II of
1926, XI of 1928, XXXVIII of 1933; Ordinances: XXX of 1937, XXI of 1938, XXXVIII of 1939,
XIII of 1944. Incorporating also Sections 1 and 2 of ORDINANCE II of 1867. This Ordinance
was subsequently amended by: Acts: XLI of 1948, X of 1953, XX of 1957; Emergency
Ordinance VI of 1958; Ordinances: XVI of l960, XVI and XVl1 of 1961, XXV of 1962; Legal
Notice 4 of 1963; and Acts: XXXVI of 1965, XI of 1968, XII of 1972, XXI of 1976, XI of 1977,
XXV of 1980, XLIX of 1981, III of 1982, XIII of 1983, VIII and XX of 1990 and XVIII of 1992.
* See  Proclamation No. VI of 1908.
  2        CAP. 36. ħ                    PREVENTION OF DISEASE 
ARRANGEMENT OF ORDINANCE
Sections 
Short Title  1 
General Provisions and Definitions   2-4 
PART I 
                     PREVENTION OF DISEASE IN MAN    5-67
Title I. Prevention of Infectious and Contagious Diseases   5-43
Title II.  Prevention of Epidemic Diseases   44-53 
Title III.  Immunisation against Communicable Disease   54-67
PART II
                 PREVENTION OF DISEASE AMONG ANIMALS   68-87 
Title I.  Isolation of Diseased Animals and Notice to the Police  68-69 
Title II.  Infected Places and Areas and Slaughter of Diseased
Animals  70-78 
Title III.  Foreign Animals   79-86 
Title IV.  Disease and Movement of Animals Generally   87
PART III
                 OFFENCES AND LEGAL PROCEEDINGS   88-126
Title I.  Detention of Ships 88-91
Title II.  Punishments for Offences under Part I of this 
Ordinance  92-104
 Sub-title I.  Punishments for Offences under Titles I and II  92-100
  Sub-title II.   Punishments for Offences under Title III  101-104 
Title III.  Punishments for Offences under Part II of this Ordinance 105-110
Title IV.  Provisions common to the foregoing Titles of Part III 111-126
                PREVENTION OF DISEASE    ġ CAP. 36.  3
Short title.
Ordinance.
G ENERAL  P ROVISIONS AND  D EFINITIONS
Interpretation. 
Amended by: 
X. 1953.2;
L.N. 4 of 1963;
XXXVI. 1965.2; 
XII. 1972.2; 
XI.1977.2; 
XLIX.1981.6;
XX. 1990.2;
XVIII. 1992.2.
2. In this Ordinance and in any regulation made thereunder,
unless the context otherwise requires - 
"animals" means all living beings of the animal kingdom other
than human beings;
"carcase" means the carcase of an animal, and includes part of a
carcase and the meat, bones, hide, skin, hoofs, horns, offal or other
part of an animal separately or otherwise or any portion thereof;
"cattle" means bulls, cows, oxen, buffaloes, heifers and calves;
"dairy" includes any farm, farmhouse, cowshed, milk-store, milk
shop or other place from which milk is supplied, or in which milk is
kept for purposes of sale, and any place in which animals from
which milk is supplied are kept;
"dairyman" includes any cowkeeper, purveyor of milk or
occupier of a dairy;
"day" or "day time" means the time from the rising to the setting
of the sun;
"disease" (as used in Part I of this Ordinance) means any disease
of an infectious or contagious nature dangerous to mankind and
includes "rabies", but does not include any venereal disease;
"disease" (as used in Part II of this Ordinance) means any disease
of an infectious or contagious nature, and includes the presence of
parasitic animals or plants which attach themselves to the exterior
or inhabit the interior of the bodies of animals, and which disease is
dangerous to mankind or to animals or to both;
"diseased" means affected with disease;
"factory" includes any workshop and work-place;
"fish" includes fin fish, molluscs and crustaceans whether fresh
or sea-water;
"fodder" means grass, clover or other substance commonly used
for food for animals;
"government medical officer" means a duly licensed medical
practitioner in the employment of the Government;
"house" means any dwelling-house and any mezzanine, room or
other building used as a dwelling-house and includes any school,
and any factory or other building where persons are employed;
"litter" means straw or other substance commonly used for
bedding or otherwise for or about animals;
"mortuary" means any place appointed by the Minister
responsible for public health for the reception of dead bodies
before internment;
"occupier" means, in respect of a house or part of a house the
person who occupies the premises or has the charge, management
  4        CAP. 36. ħ                    PREVENTION OF DISEASE 
or control thereof, either for himself or as agent of another person,
and, in respect of a ship, the master or other person in charge
thereof;
"owner" means, in respect of a building or part of a building, the
person who is entitled to receive the rents of the premises, or who
would be so entitled if such premises were let, and shall include
any tutor, curator or other administrator as well as, in the case of
public property, the person entrusted with the management thereof;
"poultry" means fowls, turkeys, geese, ducks, guinea fowls and
domestic and racing pigeons;
"ship" means any sailing-ship or steamship and includes any
vessel or boat;
"street" includes any lane, footway, square, open space or
passage, whether a thoroughfare or not, and whether there are
houses or not;
"Superintendent" means the Chief Government Medical Officer
and Superintendent of Public Health;
"suspected" means suspected of being diseased.
Orders and 
regulations given 
or made by the 
competent 
Minister.  Amended 
by: XVI.1961.2;
L.N. 4 of 1963.
3. (1) Any order or regulation which the competent Minister
has, under this Ordinance, the power to give or make, shall be
given or made by the competent Minister on the advice of the
Council of Health.
(2) The provisions of this section shall not apply to the orders
referred to in sections 78 and 88 or to any order given by the
competent Minister in pursuance of any regulation made under this
Ordinance.
Regulations to be 
published in 
Government 
Gazette. 
Amended by:
VII. 1958.2; 
XVII.1961.2;
XXV.1962.2; 
L.N. 4 of 1963; 
L.N. 46 of 1965.
4. (1) Any regulation made by the competent Minister in
virtue of this Ordinance shall be published in the Government
Gazette and shall have the same effect as if it were enacted in this
Ordinance.
(2) Any such regulation shall be laid as soon as practicable
upon the Table of the House of Representatives which shall have
the power to disallow or amend such regulation by resolution, and
any such regulation shall cease to have effect if so disallowed.
PART I 
P REVENTION OF  D ISEASE IN  M AN
TITLE I
P REVENTION OF  I NFECTIOUS AND  C ONTAGIOUS 
D ISEASES
Notification of 
disease in any 
house, etc.
5. Where an inmate of any house or other building, used for
human habitation, including any shed, tent or van, is suffering from
a disease, then, unless such house or building is a hospital in which
                PREVENTION OF DISEASE    ġ CAP. 36.  5
persons suffering from such disease are received, the head of the
family to which such inmate belongs, and in his default the nearest
relative of the patient present in the house or building or being in
attendance on the patient, and in default of any such person the
occupier of such house or building, shall, as soon as he becomes
aware that the patient is suffering from a disease to which this Part
of the Ordinance applies send notice thereof to the district medical
officer of the district in which such house or building is situate.
Notification of 
disease on any 
ship, etc.
6. Where a person on board any ship, or in any hotel or
lodging-house or any college or school is suffering from any
disease, the master of the ship or the keeper of the hotel, lodging-
house, college or school, shall, as soon as he becomes aware that
the patient is suffering from a disease to which this Part of the
Ordinance applies, send a notice thereof to the Superintendent or to
the district medical officer.
Duties of medical 
practitioner.
7. Every medical practitioner attending on or called in to visit
the patient shall forthwith, on becoming aware that the patient is
suffering from a disease to which this Part of the Ordinance
applies, send to the Superintendent a certificate stating the name,
age and address of the patient, and the disease from which, in the
opinion of such medical practitioner, the patient is suffering.
Where failure to 
give notice is not 
deemed to be an 
offence.
8. Every person required by sections 5 and 6 to give a notice
who fails to give the same shall be guilty of an offence:
  Provided that if a person is not required to give notice in the
first instance but only in default of some other person, he shall not
be deemed to have committed an offence under the said sections if
he satisfies the court that he had reasonable cause to suppose that
the notice had been duly given:
  Provided also that the said sections shall not apply, if it is
shown to the satisfaction of the court that the person required to
give notice called in a medical practitioner on becoming aware of
the disease.
Power of Minister 
responsible for 
public health to 
prescribe form of 
certificate to be 
given by medical 
practitioners.  
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2.
9. (1) The Minister responsible for public health may, from
time to time, prescribe the form of the certificate referred to in
section 7, and the form so prescribed shall be used in all cases
where such certificate is required to be given.
(2) Such forms shall, on demand, be supplied by the
Government, free of charge, to any medical practitioner residing or
practising in any district.
(3) It shall be lawful for the Minister responsible for public
health to order by means of a notice published in the Government
Gazette, that the Superintendent shall pay to every medical
practitioner for each certificate duly sent by him under the
provisions of this Ordinance, and relating to any disease specified
in such notice, a fee of not less than twelve cents five mils nor more
than twenty-five cents, if the case occurs in his private practice,
and of not less than five cents nor more than ten cents, if the case
occurs in his practice as medical officer attached to any public
body or institution.
  6        CAP. 36. ħ                    PREVENTION OF DISEASE 
(4) Any such order may be either permanent or temporary: in
the latter case the said notice shall state the time during which the
order is to remain in force.
List of infectious 
diseases.   
Amended by: 
XI.1928.2; 
X.1953.3.
10. (1) For the purposes of sections 5 and 9 inclusive, the
expression “disease to which this Part of the Ordinance applies”,
means any of the following diseases, namely - plague, small-pox,
cholera, diphteria, membranous croup, typhus, yellow fever,
leprosy and epidemic cerebro-spinal meningitis.
* (2) For the purposes of sections 7 and 9, the expression
“disease to which this Part of the Ordinance applies” means any of
the infectious or contagious diseases hereinafter mentioned,
namely- scarlatina or scarlet fever, typhoid or enteric fever,
malarial fever, undulant fever, puerperal fever and the diseases
known as measles, erysipelas, varicella, influenza, whooping
cough, hydrophobia and tubercular phthisis.
Power to extend 
provisions of ss. 5, 
6 and 7 to other 
diseases.   
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2.  
11. (1) The Minister responsible for public health may, from
time to time, by means of a notice, order that the provisions of
sections 5, 6 and 7 shall apply to any other infectious or contagious
disease besides those mentioned in subsection (2) of the last
preceding section. 
(2) The notice by means of which any such order is made, shall
specify such other disease or diseases to which the operation of the
said sections shall extend.
(3) Any such order may be either permanent or temporary: in
the latter case the said notice shall state the time during which the
order is to remain in force.
(4) The notice by which the said order is made shall be
published in the Government Gazette and in a daily newspaper for
three consecutive working days, and a copy thereof shall be posted
up at the principal Police station of each Police district.
(5) The order shall come into operation at such date, not earlier
than one week after publication of the said notice, as the Minister
responsible for public health shall fix, and upon its coming into
operation and during the continuance thereof, any infectious or
contagious disease mentioned in such order shall be a disease to
which this Part of the Ordinance applies.
(6) In cases of emergency, a three days’ notice shall be
sufficient, and the mere fact that such an abridged period is fixed in
the said notice shall be sufficient evidence of the emergency.
House inspection.   
Amended by: 
III.1982.2.
12. (1) The Superintendent or any medical officer of health,
shall have power to enter at any hour by day or by night, after
giving one hour’s notice, any house or other place, in which he has
reason for believing that a case of disease exists or has, recently,
existed, or there lives any person who may have been in contact
with any disease, and there to examine and inspect any person
found on the premises or subject such person to such medical
* See  Legal Notices 110 of 1990, 179 of 1996 and 73 of 1997, which extend the
application of this subsection to other specific diseases.
                PREVENTION OF DISEASE    ġ CAP. 36.  7
investigations as may be deemed by him to be necessary in the
interest of public health, with a view to ascertaining if such person
is suffering or has recently been suffering from such a disease.
(2) Where such entry, examination, inspection or medical
investigation is refused, it shall be lawful for any magistrate, on
good cause being shown to him by the said Superintendent or
officer on oath, to grant a warrant authorizing such entry,
examination, inspection or medical investigation.
(3) Where such warrant has been granted, any person who
shall, on production thereof, refuse to permit the said
Superintendent or medical officer of health to enter the premises, or
obstruct him in the said inspection, examination or medical
investigation, shall be guilty of an offence under this Ordinance.
Restriction of 
movement of 
person suspected 
of disease. 
Added by: 
III. 1982.3.
13. (1) Where the Superintendent has reason to suspect that a
person may spread disease he may, by order, restrict the movements
of such person or suspend him from attending to his work for a
period not exceeding four weeks, which period may be extended up
to ten weeks for the purpose of finalising such microbiological tests
as may be necessary.
(2) Any person who acts in contravention of the provisions of
this section shall be guilty of an offence against this Ordinance.
Power of 
Superintendent to 
order diseased 
person to be 
isolated. 
Amended by: 
III. 1982.4.
14. (1) The Superintendent or medical officer of health, on
ascertaining that any of the persons found on the premises
inspected by him as provided in section 12 of this Ordinance, is
actually suffering from a disease, may order, in addition to other
sanitary measures, that the patient and any other person in
attendance on him or whom the said Superintendent has reasonable
ground for believing to have been exposed to infection, shall be
isolated or given medical treatment, or both as may be indicated,
until such time as the said Superintendent is satisfied that such
isolation or treatment is no longer necessary.
(2) Any person disobeying, or preventing any other person
from obeying any such order as aforesaid, shall be guilty of an
offence under this Ordinance.
(3) Any treatment ordered by the Superintendent or a medical
officer of health in accordance with subsection (1) of this section
shall be given free of charge.
Power of 
Superintendent to 
ascertain freedom 
from infection. 
Added by:
III. 1982.5.
15. (1) The Superintendent may order any person who, having
an occupation which the Minister responsible for public health may
determine by notice published in the Gazette, is considered by the
said Superintendent capable of spreading disease, to undergo such
periodic medical examinations and investigations as may be
deemed necessary for ascertaining such person’s freedom of
infection.
(2) Any person disobeying or preventing any other person from
obeying any such order as aforesaid shall be guilty of an offence
under this Ordinance.
  8        CAP. 36. ħ                    PREVENTION OF DISEASE 
Duty of 
Superintendent to 
cause premises to 
be cleansed and 
disinfected. 
Amended by: 
XLI. 1948.2:
III.1982.6
16. Where the Superintendent is of opinion that the cleansing
and disinfection of any house, or part thereof, and of any articles
therein which through infestation by vermin or otherwise are likely
to retain infection, or the destruction of such articles, would tend to
prevent or check the spread of a disease, he may give notice in
writing to the occupier, or, if the premises are unoccupied, to the
owner of such house or part thereof, stating that the same and any
such articles therein will be cleansed and disinfected, or, as regards
the articles, destroyed, by the department of health, unless such
owner or occupier informs the Superintendent within the time fixed
in the notice, that he will cleanse and disinfect the house or part
thereof and any such articles therein or, as the case may be, destroy
such articles, to the satisfaction of the Superintendent or a medical
officer of health, or a medical practitioner deputed by the
Superintendent, or a health inspector, within the time fixed in the
notice.
Disinfection by 
officer of 
department of 
health.
17. (1) If within the said time the person to whom the notice is
given does not inform the Superintendent as aforesaid, or if, having
so informed the Superintendent, he fails to have the house or part
thereof and any such articles therein cleansed or disinfected, or, as
regards such articles, destroyed as aforesaid within the time fixed
in the notice, or if, though no notice as aforesaid has been given,
the owner or occupier gives his consent, the house or part thereof
and articles shall be cleansed and disinfected, or, as regards the
articles, where necessary, destroyed, by the officers of the
department of health at the expense of the Government.
(2) Any person who shall wilfully obstruct the said officers in
the performance of their duties, shall be guilty of an offence under
this Ordinance.
Officers may enter 
premises.
18. The officers mentioned in section 16 shall have power to
enter, at any hour by day, any premises for the purpose of carrying
into effect the provisions of the last preceding section.
Removal of 
persons from 
infected premises.
19. (1) If, on account of the existence or recent existence of a
disease in a house or part of a house, or for the purpose of
disinfecting such house or part thereof, the Superintendent deems it
necessary to remove therefrom any of the persons residing therein,
who is not himself diseased or whose presence is not required for
attendance on any other diseased person, he may order such
removal, and if in any such case, any such person, or his parents or
guardian does not consent to the removal, it shall be lawful for any
magistrate, on the sworn declaration of the Superintendent as to the
necessity of such removal, to grant a warrant authorizing the Police
to effect such removal subject to such conditions, in regard to time
and otherwise, as he may deem expedient to impose.
(2) The Superintendent shall, and he is hereby empowered to,
provide, free of charge, temporary shelter or house accommodation,
with any necessary maintenance and attendants, for the persons
residing in the house or part of the house during the time they are
prevented from returning thereto.
(3) Any person who shall obstruct the execution of an order
given by any magistrate under this section, shall be guilty of an
                PREVENTION OF DISEASE    ġ CAP. 36.  9
offence under this Ordinance.
Cleansing of a 
person who, or 
whose clothing, is 
verminous. 
Added by: 
XLI.1948.3. 
Amended by: 
III.1982.7; 
VIII.1990.3.
20. (1) Where it appears to the Superintendent, upon a report
from a government medical officer, that any person, or the clothing
of any person, is verminous, then, if that person consents to be
removed to a cleansing station, the said Superintendent may cause
him to be removed to such a station. If that person does not so
consent, he may be brought before a Court of Magistrates sitting as
a court of criminal judicature, and the court, if satisfied that it is
necessary that he or his clothing should be cleansed, may make an
order for his removal to such a station and for his detention therein
for such period and subject to such conditions as may be specified
in the order:
  Provided that the Superintendent may authorise the cleansing to
be carried out at the residence of such person, or at such other place
as the Superintendent may direct.
(2) Where a person has been removed to a cleansing station in
pursuance of the last preceding subsection, the Superintendent shall
take such measures as may, in his opinion, be necessary to free him
and his clothing from vermin or contamination.
(3) The cleansing of females under this section shall be carried
out only by a woman duly authorized by the Superintendent, under
the direction of a government medical officer.
(4) Any consent required to be given for the purposes of this
section may, in the case of a person under the age of eighteen years
or irresponsible through mental deficiency, be given on his behalf
by one of his parents or by his guardian.
(5) No charge shall be made for the cleansing of a person or his
clothing or for any related service rendered in accordance with the
provisions of this section.
Payment of 
compensation for 
damage caused by 
disinfection. 
Amended by: 
XLI. 1948.4.
21. (1) Where in pursuance of the powers under section 16 the
officers of the department of health have disinfected any house,
part of a house or any article therein, or have destroyed any such
article, the Government shall make reasonable compensation to the
owner or occupier of such house or part thereof, or to the owner of
such article, as the case may be, for unnecessary damage caused by
the disinfection to such house, part of a house or article, or where
an article has been destroyed, for the loss thereof caused by the
destruction.
(2) If such compensation is refused, it shall be lawful to
maintain an action for the recovery thereof, before the competent
court. 
(3) For the purpose of this section "house" includes any store,
tent or van, or any ship lying in any of the ports or in the territorial
waters of Malta.
(4) In the case of destruction by order of the Superintendent of
infected or verminous articles, the Superintendent shall have the
option of making compensation therefor by replacing each article
destroyed, or any one of such articles, by others, or another,
  10        CAP. 36. ħ                    PREVENTION OF DISEASE 
substantially similar.
Destruction or 
disinfection of 
infected bedding, 
etc.
22. (1) The Superintendent may, by notice in writing, require
the owner of any bedding, clothing or other articles which have
been exposed to infection to cause the same to be delivered over to
an officer of the department of health for removal for the purpose
of destruction or disinfection.
(2) Any person who fails to comply with such a requirement
shall be guilty of an offence under this Ordinance.
(3) The bedding, clothing and articles which have been
disinfected by the department of health, shall be brought back and
delivered to the owner free of charge, and if any of them suffers
any damage or is destroyed, the Government shall compensate the
owner for the same, and such compensation, if refused, shall be
recoverable in the competent court.
Persons engaged in 
washing clothes to 
furnish list of 
owners of clothes 
in certain cases.
23. (1) Whenever the Superintendent is satisfied that it is
desirable, with a view to preventing the spread of disease, that he
should know the customers of any person or company earning a
livelihood or deriving gain by the washing, mangling or ironing of
clothes, the Superintendent may require such person or company to
indicate to him the names and addresses or to furnish him with a
full and complete list of the owners of clothes for whom such
person or company washes, mangles or irons or has washed,
mangled or ironed during the past six weeks, and such person or
company shall furnish such indication or list accordingly.
(2) The Superintendent shall pay to such person or company,
for every such indication or list, the sum of two cents five mils in
respect of every twenty five names included therein, provided that
the whole amount so payable shall not exceed fifteen cents.
(3) Any person who knowingly omits to furnish such indication
or list shall be guilty of an offence under this Ordinance.
Prohibitions. 24. (1) No person shall -
( a ) knowingly cast, or cause or permit to be cast into any
dustbin or otherwise expose any matter or article
infected by disease;
( b ) knowingly let for hire any house or part of a house in
which any person has been suffering from a disease,
without having such house or part of a house and all
articles therein liable to retain infection, disinfected to
the satisfaction of any of the medical authorities
mentioned in section 16, or, as regards such articles,
where necessary, destroyed;
( c ) when letting for hire or showing for the purpose of
letting for hire any house or part of a house, and on
being questioned by any person negotiating for the
hire of such house or part of a house as to the fact of
there being or within six weeks previously having been
therein any person suffering from a disease, knowingly
make a false answer to such question;
                PREVENTION OF DISEASE    ġ CAP. 36.  11
( d ) on ceasing to occupy any house or part of a house in
which any person has within six weeks previously
been suffering from any disease -
(i) fail to give to the owner or occupier of such
house or part of a house, notice of the previous
existence of such disease; or
(ii) knowingly make a false answer on being
questioned by the owner or occupier of such
house or part of a house or by the person
negotiating for the hire thereof, as to the fact of
there having within six weeks previously been
therein any person suffering from a disease.
(2) For the purpose of paragraph  (b)  of subsection (1) of this
section the keeper of an inn or hotel shall be deemed to let for hire
part of a house to any person admitted as a guest into such inn or
hotel.
Removal to 
hospital of infected 
person in certain 
cases by order of 
magistrate.
25. (1) Any person suffering from a disease who is without
proper lodging or accommodation or is in or upon any house or
premises where proper precautions cannot be taken so as to prevent
the spread of disease, or is lodged in any tent or van or in a room or
house occupied by other persons besides those whose presence is
necessary for attending on the patient, or is on board any ship, may
on a certificate signed by two of the medical officers mentioned in
section 16, be removed, by order of a magistrate, on the application
of the Superintendent and at the cost of the Government, to any
hospital for infectious diseases in Malta where the patient is and
detained therein at the expense of the Government, so long as
infected.
(2) No such order shall be necessary where the removal is
effected with the consent of the patient or his parents or tutor. 
(3) The order referred to in subsection (1) of this section shall
be addressed, in Malta, to the Commissioner of Police and, in
Gozo, to the senior Police officer.
(4) Any person who shall obstruct the execution of any order
made by any magistrate as aforesaid, shall be guilty of an offence
under this Ordinance.
Detention of 
infected person 
without proper 
lodging in hospital 
by order of 
magistrate.
26. (1) Where, upon the application of any of the medical
officers mentioned in section 16, any magistrate is satisfied that a
person suffering from a disease, who is in a hospital, would not on
leaving such hospital be provided with lodging or accommodation
in which proper precautions could be taken to prevent the spreading
of the disease by such person, such magistrate may make an order
directing the said person to be detained in such hospital, at the cost
of the Government, for a time to be fixed in such order, but with
full power to such magistrate to enlarge such time as often as may
appear to him to be necessary for preventing the spread of the
disease.
(2) The execution of the said order may be enforced by any
officer of the department of health, any Police officer or any officer
  12        CAP. 36. ħ                    PREVENTION OF DISEASE 
of the hospital.
Public exposure of 
infected persons or 
things.
27. Any person who -
( a ) while suffering from a disease, wilfully exposes
himself without proper precautions against the spread
of the disease in any street, public place, shop, inn,
tavern, hotel or church or any other place used in
common by persons other than members of the family
or household to which such infected person belongs; or
( b ) being in charge of any person so suffering, knowingly
so exposes such sufferer; or
( c ) knowingly gives, lends, sells, pawns, transmits,
removes or exposes or permits to be washed or
exposed in any wash house, which is used in common
by persons other than members of the family or
household to which the infected person belongs,
without previous disinfection to the satisfaction of any
of the medical officers mentioned in section 16, any
bedding, clothing or other articles which have been
exposed to infection from such disease, 
shall be guilty of an offence under this Ordinance.
Prohibition of 
children’s 
attendance at 
school in cases of 
disease.
28. (1) No parent or other person having care of a child who is
or has been suffering from a disease, or who resides in a house
where such disease exists or has existed within a period of six
weeks, shall knowingly or negligently permit such child to attend
school without producing to the teacher or other person in charge of
such school a medical certificate that such child has become free
from disease or infection and that the house and everything therein
exposed to infection has been disinfected to the satisfaction of any
of the medical officers mentioned in section 16.
(2) No teacher or person in charge of any school shall
knowingly permit any child to attend such school in contravention
of this section.
Infected person not 
to engage in 
occupations 
connected with 
food for sale.
29. No person suffering from a disease, or residing in a house
infected with disease, shall milk any animal or engage in any
occupation connected with food intended for sale, or carry on any
trade or business in such a manner as to be likely to spread such
disease.
Infected persons 
not to be conveyed 
in public vehicles. 
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2. 
30. (1) The owner or person in charge of a public vehicle shall
not knowingly convey, nor shall any other person knowingly place
in any such vehicle a person suffering from a disease, nor shall any
person suffering from a disease enter any such vehicle, unless
proper precautions are taken, to the satisfaction of the
Superintendent, for the isolation of the person so suffering.
(2) If any person suffering from a disease is conveyed in any
public vehicle, the owner or person in charge thereof, as soon as it
comes to his knowledge, shall give notice to the Superintendent,
and shall cause such vehicle to be disinfected. The owner or person
in charge of such vehicle shall be entitled to recover in the
competent court, from the person so conveyed, a sufficient sum to
                PREVENTION OF DISEASE    ġ CAP. 36.  13
cover any loss and expense incurred by him in connection with
such disinfection.
(3) It shall be the duty of the Superintendent, when so
requested by the owner or person in charge of such vehicle, to
provide for the disinfection of the same, free of charge.
(4) For the purpose of this section, "disease" means plague,
small-pox, cholera, diphtheria, membraneous croup, typhus,
yellow-fever, epidemic cerebro-spinal meningitis, scarlatina or
scarlet fever, measles, varicella and any other disease to which the
Minister responsible for public health shall, by regulation, direct
that the provisions of this section shall apply.
Powers of 
Superintendent 
with regard to 
dairies where 
disease is 
attributable to 
milk.
31. (1) If the Superintendent is in possession of evidence that
any person is suffering from any disease attributable to milk
supplied from any dairy or that the milk from any such dairy is
likely to cause any such disease, such Superintendent shall visit
such dairy or cause such dairy to be visited by a medical officer of
health or other sanitary officer. The Superintendent or other officer
deputed by him, shall examine such dairy and every person
engaged in the service thereof or resident upon the premises or who
is resident in any of the premises where any person employed in
such dairy may reside, as well as the animals therein, and shall
subject such animals to any necessary process with a view to
ascertaining if the same are suffering from any disease.
(2) On the result of such inspection the Superintendent shall
either make an order requiring the dairyman not to supply any milk
from such dairy until such order has been withdrawn, or declare
that no such order is necessary.
(3) For the purpose of the provisions of this section any milk
supplied from any animals while temporarily out of the dairy in
which they are kept, shall be deemed to have been supplied from
such dairy.
(4) An order made in pursuance of subsection (2) of this
section shall be forthwith withdrawn on the Superintendent being
satisfied that the milk is no longer likely to cause disease.
Aggrieved 
dairyman has right 
of appeal. 
Amended by: 
VIII. 1990.3.
32. (1) Any dairyman aggrieved by any order made as
aforesaid may appeal to the Court of Magistrates (Malta), if the
dairy is situate in Malta, or to the Court of Magistrates (Gozo), if
the dairy is situate in either Gozo or Comino.
(2) The appeal shall be made by means of an application with a
prayer that the said order be varied or reversed.
(3) A copy of such application shall be served on the
Superintendent who shall be duly informed of the day appointed, as
hereafter provided, for the trial of the cause.
(4) On the said application being filed, the competent court
shall appoint the day, not later than six working days from the day
of filing, on which the parties shall appear before it.
(5) The court may either make an order requiring the dairyman
not to supply any milk, or vary or reverse the order made by the
  14        CAP. 36. ħ                    PREVENTION OF DISEASE 
Superintendent.
(6) Pending the disposal of the appeal the order made by the
Superintendent shall remain in force.
(7) If the court finds that there had not been sufficient grounds
for the order made by the Superintendent and that there are no such
grounds for it to confirm such order, the dairyman shall be entitled
to receive compensation for any damage he may have suffered in
consequence of such order and if such compensation is refused, it
shall be recoverable in the competent court.
Refusal to permit 
inspection, etc., is 
an offence under 
this Ordinance.
33. Any person refusing to permit the Superintendent or other
officer referred to in section 31 to make the examination therein
mentioned, or supplying milk in contravention of any order made
by the Superintendent or the court under the last two preceding
sections shall be guilty of an offence under this Ordinance.
Provisions of Food 
Safety Act, not 
affected by ss. 31, 
32 and 33. 
Amended by:
XI. 1977.2; 
XLIX. 1981.6.
Cap. 449.
34. Nothing contained in or done under the provisions of
sections 31, 32 and 33 shall affect the operation of the provisions of
the Food Safety Act, or of any other enactment substituting it,
relating to dairies, milk, butter or cheese.
Superintendent 
may require 
dairyman to 
furnish list of his 
customers, etc., in 
certain cases.
35. (1) Where the Superintendent is satisfied that an outbreak
or spread of any disease is attributable to milk supplied by any
dairyman, whether wholesale or retail, or to milk supplied by one
or other of several such dairymen, such Superintendent may require
such dairyman or dairymen to furnish him within such time, not
less than twenty-four hours, as may be specified by him, with an
indication of a full and complete list of the names and addresses of
his or their customers so far as known to him, and such dairyman or
dairymen shall furnish such indication or list accordingly.
(2) The Superintendent shall pay to the said dairyman or
dairymen a sum of two cents five mils in respect to every twenty-
five names included in such indication or list, provided the whole
amount so payable shall not exceed fifteen cents.
(3) The Superintendent may also, in the case mentioned in
subsection (1) of this section require the dairyman or dairymen to
furnish him, within such time, not less than twenty-four hours, as
shall be fixed by him, with an indication or a full and complete list
of the names and addresses of the persons from whom during a
period to be specified by the Superintendent, the milk or any part of
the milk which he or they sell or distribute was obtained.
Prohibiting 
retention of dead 
bodies in certain 
cases.
36. (1) No person, without the sanction in writing of a
government medical officer, shall retain unburied elsewhere than in
a room not used at the time as a dwelling-place, sleeping-place or
workroom, for more than twenty-four hours, the body of any person
who has died from a disease:
  Provided that nothing contained in this section shall prevent the
removal of such body to a mortuary where such removal becomes
necessary under any provisions of the law.
                PREVENTION OF DISEASE    ġ CAP. 36.  15
(2) If any person shall die in any hospital or other place
provisionally provided for the treatment of persons suffering from a
disease, and any of the medical officers mentioned in section 16
certifies that in his opinion it is desirable, in order to prevent the
risk of communicating such disease or of spreading infection, that
such body shall not be removed from such hospital or place except
for the purpose of being forthwith buried, it shall not be lawful for
any person to remove such body except for such purpose:
  Provided that nothing in this section contained shall prevent the
removal of any dead body from any such hospital to any mortuary,
and such mortuary shall, for the purpose of this section be deemed
part of such hospital as aforesaid.
Magistrate may in 
certain cases order 
dead bodies to be 
buried.
37. (1) Where -
( a ) the body of any person who has died from any disease
is retained in any room where other persons live or
sleep; or
( b ) the body of any person who has died from any disease
is retained unburied elsewhere than in a room not used
at the time as a dwelling-place, sleeping-place or
workroom, for more than twenty-four hours after death
without the sanction in writing of a government
medical officer; or
( c ) the dead body of any person is retained in any house or
room or on board any ship so as, by such continued
retention, to endanger the health of the inmates thereof
or of any adjoining or neighbouring house or building;
or
( d ) the dead body of any person is unclaimed, or no-one
undertakes to bury it,
any magistrate may, on a certificate signed by a duly qualified
medical practitioner, order the body to be removed at the cost of the
Government to any available mortuary, and direct the same to be
buried within a time to be limited in the order.
(2) Such magistrate may, in the case of the body of any person
who has died of any disease, or in any case in which he shall
consider immediate burial necessary, direct the body to be so
buried without removal to the mortuary.
Burial by order of 
Superintendent.
38. Unless the friends or relatives of the deceased undertake to
bury and do bury the body within the time limited by such order as
aforesaid, it shall be the duty of the Superintendent to bury such
body and any expense so incurred may be recovered by him in the
competent court from any person legally liable to pay the expenses
of such burial.
Conveyance of 
corpses of persons 
who have died 
from a disease.
39. (1) The body of a person who has died of a disease may
not be carried in any conveyance, not being a hearse reserved for
such purpose, except on the certificate of any of the medical
officers mentioned in section 16, stating that every precaution in
the interest of public health has been taken to his satisfaction.
  16        CAP. 36. ħ                    PREVENTION OF DISEASE 
(2) In the absence of such certificate no person shall knowingly
remove or assist in removing, or procure or endeavour to procure
the removal of any such dead body.
No person to 
obstruct execution 
of orders made by 
magistrates under 
s. 37.
40. Any person who shall obstruct the execution of any order
made by a magistrate under section 37, shall be guilty of an offence
under this Ordinance.
Certain provisions 
to apply even 
where the 
existence of certain 
disease is merely 
suspected. 
Added by:
II. 1926.2. 
Amended by:
X. 1953.4.
41. The provisions of sections 5, 6, 7, 14, 19, 25, 26, 27, 28
and 29 shall apply even where there exists only a reasonable
suspicion that the disease is plague, small-pox, asiatic cholera,
diphtheria, membraneous croup, yellow fever, scarlet fever, leprosy
or varicella.
Power of Minister 
to make 
regulations 
regarding persons 
suffering from 
certain diseases. 
Added by: 
X. 1953.5. 
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2.
42. The Minister responsible for public health may make and,
when made, vary or revoke regulations for the purpose of requiring
persons suffering from a disease of a chronic infectious nature, to
submit themselves to periodical examinations and/or treatment in
such manner and by such medical officers as may be prescribed by
such regulations.
Power of Minister 
to make 
regulations. 
Added by:
III. 1982.8.
43. The Minister responsible for public health may, for the
better protection of the health of the public, by regulations
prescribe measures for -
( a ) controlling and regulating the quality of the water,
including waste water, which may be used in the
cultivation and irrigation of crops;
( b ) controlling and regulating the type of crops which may
be cultivated in any particular area; and
( c ) the seizure and destruction of crops the consumption
of which would be prejudicial or could constitute a
hazard to the health of the consumer.
 TITLE II
P REVENTION OF  E PIDEMIC  D ISEASES
Power of Minister 
to make 
regulations for the 
prevention of 
disease, etc. 
Amended by: 
L.N. 4 of 1963, 
XI.1977.2.
44. Whenever any part of Malta is threatened with or is
affected by any dangerous epidemic or infectious disease, the
Minister responsible for public health may make and, when made,
vary or revoke regulations for all or any of the following purposes,
namely:
( a ) for the speedy interment of the dead;
( b ) for house-to-house visitation;
( c ) for the provision of medical aid, distribution of
                PREVENTION OF DISEASE    ġ CAP. 36.  17
medicine, the establishment of hospitals, the
promotion of cleansing, ventilation and disinfection
and otherwise for guarding against the spread of
disease;
( d ) for preventing any house or part of a house from being
so overcrowded as to be dangerous to health; and
( e ) for any other matter or thing which the Minister
responsible for public health may deem expedient for
the prevention or mitigation of such disease,
and may by order declare such regulations or any of them to be in
force in respect of the whole of Malta or within any part or parts
thereof only and to apply to any ship lying in port or within the
territorial waters of Malta,  for the time specified in such order.
Medical 
practitioners to 
place themselves at 
the service of 
persons suffering 
from disease.
45. Whenever any part of Malta is affected by any epidemic
disease, the medical practitioners exercising their profession within
the district affected by the disease, as well as the district medical
officer and any other medical practitioner engaged by the
Government to give his services in such district during the
prevalence of such disease, shall place themselves at the service of
the persons suffering from such disease within the district.
Pension to widow 
and children of 
medical 
practitioner or 
health inspector 
dying of epidemic 
disease.
46. The widow and children of any medical practitioner,
whether in the employment of the Government or not, or of any
health inspector, who dies of such epidemic disease contracted by
him in the performance of his duties under this Ordinance, shall be
entitled to a pension.
Amount of 
pension. 
 
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2; 
XIII.1983.5.
47. (1) The pension payable to the widow of a medical
practitioner who dies as aforesaid, shall be of seventy-five liri per
annum, with an increment of ten liri for each child left by the
deceased.
(2) If such medical practitioner is a widower at the time of his
death, but leaves children, or if the wife is alive at the time of his
death but dies, leaving children, after becoming entitled to the
pension, each of such children shall be granted a pension of an
amount, not less than ten liri per annum, to be fixed by the Minister
responsible for public health.
(3) If the said medical practitioner leaves neither a widow nor
children, but ascendants or brothers or sisters, or nephews or nieces
in the direct line, who were entirely dependent upon him for their
subsistence, the pension mentioned in subsection (2) of this section
shall be granted to such relatives in such proportion and on such
conditions as the Minister responsible for public health may direct.
(4) The pension payable to the widow of a health inspector
shall be of thirty-five liri per annum, with an increment of eight liri
for each child left by the deceased.
(5) If the health inspector is a widower, at the time of his death,
but leaves children, or if the wife is still alive at the time of such
death but dies, leaving children, after becoming entitled to the
pension, each of the children shall be granted a pension of an
amount, not less than eight liri per annum, to be fixed by the
  18        CAP. 36. ħ                    PREVENTION OF DISEASE 
Minister responsible for public health.
(6) The provisions of subsection (3) of this section relating to
the pension payable to the relatives of a medical practitioner who
dies without leaving a widow or children, shall, in the like
circumstances, apply also in the case of the death of a health
inspector.
Forfeiture of 
pension by widow 
or children. 
Amended by: 
XIII. 1983.5.
48. (1) Where the widow of a deceased medical practitioner
forfeits her pension as hereinafter provided, each of the children
shall be entitled to a pension of not less than ten liri per annum.
(2) Where such forfeiture is incurred by the widow of a health
inspector, each of the children shall be entitled to a pension of eight
liri per annum.
(3) The pension shall be forfeited - 
( a ) by the widow on her re-marriage;
( b ) by the children of either sex on their attaining
majority, or, in the case of daughters, on their
contracting marriage even though during minority.
Power of Minister 
to extend 
application of
s. 46. 
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2.
49. (1) Whenever any part of Malta is affected by an epidemic
disease, the Minister responsible for public health may make
regulations directing that the provisions of section 46 shall also
apply to the wife and children of any person, other than those
specifically mentioned in that section, engaged by or under the
Government to give his services during the prevalence of such
disease and who dies of such epidemic disease contracted by him in
the performance of his duties.
(2) Such regulations shall also fix the amount of pension to
which the widow or children of any such person shall be entitled.
(3) Any pension granted in pursuance of this section shall be
subject to forfeiture as laid down in the last preceding section. 
Power of Minister 
to make 
regulations with 
regard to ships, etc. 
Substituted by: 
XIII. 1944.2. 
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2.
50. (1) The Minister responsible for public health may
prescribe by regulations the measures to be taken for the prevention
of danger arising to public health from ships, aircraft or passengers
arriving in Malta, as well as measures for the prevention of the
conveyance of infection by means of any ship or aircraft or
passengers leaving Malta.
(2) Such regulations may in particular provide for - 
( a ) the signals to be hoisted or given by ships or by
aircraft having any case of disease on board;
( b ) the questions to be answered by masters, pilots, and
other persons on board any ship or aircraft as to the
occurrence on board of cases of disease and as to other
sanitary circumstances during the voyage or on arrival
in Malta;
( c ) the detention of ships or aircraft and the detention of
persons on board ships or in a quarantine station as
well as the examination of ships or aircraft and of
                PREVENTION OF DISEASE    ġ CAP. 36.  19
persons on board the same, in each case before they
obtain free pratique;
( d ) the duties to be performed in cases of such disease by
masters, pilots and other persons on board ships or
aircraft;
( e ) the disinfection of ships and aircraft and of persons,
animals, goods and any other articles to be landed
therefrom;
( f ) the measures to be adopted, in the case of outgoing
passengers, ships or aircraft to prevent exportation of
disease;
( g ) the measures to be taken against insects, rats or other
animals liable to carry infection;
( h ) the recovery of any expenses incurred in the
disinfection or other operations carried out in ships or
aircraft in connection with measures adopted under the
regulations;
( i ) the charges to be made under the regulations and for
services performed thereunder, and the recovery of
such charges;
( j ) the exercise and performance of any powers and duties
under the regulations by the authorities therein
mentioned;
( k ) the form and mode of service or delivery of notices
and other documents;
( l ) generally for the better execution of the provisions of
this Ordinance and for the purpose of in any manner
preventing the importation of disease into Malta.
Power of entry in 
any premises, upon 
ships or aircraft. 
Amended by:
XXX. 1937.26. 
Substituted by: 
XIII.1944.2. 
Amended by: 
L.N. 4 of 1963;
XI. 1977.2.
51. The Superintendent, the port medical officers, and any
other government medical or health officer deputed for such
purpose, as well as any officer of any other department entrusted
with the duty of enforcing and executing the above regulations and
of aiding in the enforcement or execution thereof, shall have the
power of entry in any premises, ship or aircraft for the purpose of
enforcing or superintending the enforcement of any regulations so
issued by the Minister responsible for public health as aforesaid.
Refusal to obey or 
carry out 
regulations.
52. Any person who wilfully neglects or refuses to obey or
carry out or obstructs the execution of any regulation made under
the provisions of this Title shall be guilty of an offence under this
Ordinance.
Power of health 
officers to 
administer oaths. 
Sections 1 and 2 of 
Ord. II of 1867, 
incorporated.
53. (1) It shall be lawful for the Superintendent, the medical
officer or other officer charged with the duty of visiting ships or
persons before being admitted to pratique, and for the medical
officer or other officer in charge of any quarantine station, to
administer oaths in order to ascertain such facts as they may
consider necessary for sanitary purposes.
  20        CAP. 36. ħ                    PREVENTION OF DISEASE 
Officers in charge 
of quarantine 
stations vested 
with powers of 
Police officers.
(2) The medical officer or other officer in charge of any
quarantine station may, within the precincts of such station,
exercise all such powers as are by law competent to an inspector of
Police, and any guard or other person employed under the said
officer may, within the same precincts, exercise all such powers as
are by law competent to a Police officer below the rank of
inspector.
Substituted by: 
III. 1982.9.
TITLE III
I MMUNISATION AGAINST  C OMMUNICABLE  D ISEASE
Definitions.   54. In this Part - 
"child" means any person under eighteen years of age; 
"parent" means the father, and in his absence, the mother; 
"prescribed" means prescribed by regulations.
Institutes for the 
preparation of 
vaccine lymphs, 
etc.
55. (1) No person shall establish any institute for the
preparation of vaccine lymph or for the preparation or inoculation
of any vaccine or serum for the treatment or prevention of rabies or
any other disease, except in virtue of a licence from the Minister
responsible for public health and subject to such conditions as shall
be specified therein.
(2) Any such institute must, in every case, be under the
direction and management of medical practitioners and shall be
subject to the supervision of the Superintendent.
(3) The application for the said licence shall be forwarded to
the Superintendent, and the licence shall be issued under his
signature.
(4) The licence referred to in subsection (1) of this section shall
also be required for the sale of the vaccine or serum therein
mentioned.
Immunisation 
centres.
56. There shall be a centre in Malta and a centre in Gozo and
such other centres as the Superintendent may from time to time
consider necessary, for the purpose of providing free immunisation
against diphtheria, tetanus, poliomyelitis and such other diseases as
the Superintendent may by notice in the Gazette determine.
Child 
immunisation.
57. It shall be the duty of the parent or other person having the
custody of any child who has attained the age of three months and
who has not already been completely protected in accordance with
the provisions of this section to the satisfaction of the
Superintendent, to take or to cause such child to be taken to any of
the centres referred to in section 56 of this Ordinance for the
purpose of immunising such child against diphtheria, tetanus and
poliomyelitis or against any disease as the Minister may prescribe
until such time as full and continued protection of the child against
these diseases is ensured.
                PREVENTION OF DISEASE    ġ CAP. 36.  21
Postponement of 
immunisation.
58. Where the officer in charge of such centre is of the opinion
that a child is not fit to be immunised, he shall deliver to the parent
or other person having the custody of such child, a certificate of
postponement on which shall be specified the date on which the
child shall again be brought to the centre for immunisation, and the
parent or person having the custody of the child shall take or cause
such child to be taken to any of the centres to which reference is
made in section 56 of this Ordinance on the date specified in such
certificate for the purpose of immunisation:
  Provided that no certificate of postponement may be issued in
respect of a child who has attained the age of one year unless such
certificate has been approved by a medical officer of health.
Immunisation in 
home of child.
59. (1) It shall be lawful for a medical officer deputed by the
Superintendent to visit the home of a child for the purpose of
examining and immunising a child who has not been immunised in
accordance with the provisions of this Ordinance.
(2) The examination and immunisation shall be carried out free
of charge.
Certificate of 
immunisation.
60. On completion of the full basic course of immunisation,
the officer in charge of the centre shall forward a certificate to this
effect to the parent or other person having the custody of the child. 
Record of 
certificates.
61. It shall be the duty of the officer in charge of a centre
referred to in section 56 of this Ordinance to keep such record
regarding the immunisation status of children, as may be required
by this Ordinance or any regulations made thereunder, including a
record of certificates issued to the parent or other person as
provided in section 60 of this Ordinance.
Notice to 
immunise when 
birth is registered. 
Cap. 16.
62. The senior Police officer of any district shall, within seven
days after the day on which notice of the birth of any child is given
as provided in section 272 of the Civil Code, give notice on the
prescribed form to the parent or to the person having the custody of
such child, requiring such child to be immunised in accordance
with the provisions of this Ordinance.
Private 
immunisation. 
63. Notwithstanding the provisions of section 57 of this
Ordinance, the parent or other person having the custody of any
child may take or cause to be taken such child to be immunised by a
private medical practitioner, and if any such practitioner shall
undertake the immunisation, he shall be liable to perform all the
duties in connection with such immunisation as are required by this
Ordinance to be performed by the officer in charge of the centre,
and shall within one month from the day of such immunisation,
give notice in writing thereof to the Superintendent.
Immunisation by 
order of court
Amended by: 
VIII. 1990.3.
64. On information in writing from the Superintendent or any
medical officer acting on his behalf that he has reason to believe
that a child has not completed the basic course of immunisation or
such other booster doses as the Superintendent may deem necessary
to safeguard the health of the child or of the community, and that he
has given notice to the parent or other person having the custody of
the child to procure the child’s immunisation in accordance with
  22        CAP. 36. ħ                    PREVENTION OF DISEASE 
the provisions of this Part of the Ordinance, the Commissioner of
Police shall summon such parent or other person to appear before
the Court of Magistrates, and if the court finds after such enquiry as
it shall deem necessary to make, that the child has not been
immunised in accordance with the provisions of this Ordinance, the
court may make an order directing the proper immunisation of such
child in accordance with the provisions of this Ordinance within
such time as the said court may prescribe; and if, at the expiration
of such time the child shall not have been properly immunised in
accordance with the provisions of this Ordinance, or shall not have
been shown to be unfit to be so immunised, the person against
whom such order shall have been made shall be guilty of an offence
under this Ordinance:
  Provided that in any prosecution for neglect to procure the
immunisation of a child, it shall not be necessary in support thereof
to prove that the person charged had received the notice referred to
in section 62 of this Ordinance.
Production of 
evidence of 
immunisation.
65. It shall be lawful for the Superintendent to require the
parent or other person having the custody of a child, to produce
evidence that such child has been immunised in accordance with
the provisions of section 57, or section 63 of this Ordinance.
Vaccination against 
tetanus.
66. (1) Where the Superintendent is of the opinion that any
person’s risk of contracting tetanus is increased by reason of his
occupation, he may order such person to be vaccinated against that
disease in such manner and at such place as the Superintendent may
determine.
(2) The provisions of section 63 shall apply where the
immunisation is carried out by a private medical practitioner.
(3) Any person disobeying any such order shall be guilty of an
offence under this Ordinance.
Power of Minister 
to make 
regulations.
67. The Minister responsible for public health shall have
power to make regulations for ensuring the protection of the public
by immunisation against disease and without prejudice to the
generality of the foregoing, for -
( a ) prescribing the forms to be used for notices and
certificates as may be required under this Part of this
Ordinance;
( b ) regulating and controlling the practice of any
particular type of immunisation for any period;
( c ) for prescribing the quality and type of any vaccine
which may be used;
( d ) for controlling the importation, storage, distribution,
sale and use of any vaccine; and
( e ) prescribing any disease against which immunisation
shall be compulsory in terms of section 57.
                PREVENTION OF DISEASE    ġ CAP. 36.  23
PART II
P REVENTION OF  D ISEASE AMONG  A NIMALS
T I T L E  I
I SOLATION OF  D ISEASED  A NIMALS AND  N OTICE TO THE 
P OLICE
Separation of 
diseased animals. 
Notice to Police 
officer.
68. (1) Every person having in his possession or under his
charge an animal affected with disease shall - 
( a ) as far as practicable keep that animal separate from
other animals not so affected; and
( b ) with all practicable speed, give notice of the fact of the
animal being so affected, to a Police officer for the
district wherein the animal so affected is.
(2) The officer to whom any such notice is given, shall
forthwith give information thereof to the Director of Agriculture.
Power of Minister 
responsible for 
agriculture to make 
regulations. 
Amended by: 
L.N. 4 of 1963.
69. The Minister responsible for agriculture may from time to
time make, and when made, vary or revoke regulations for
prescribing and regulating the notice to be given to or by any
person or authority in case of any particular disease or in case of
the illness of an animal.
TITLE II
I NFECTED  P LACES AND  A REAS AND  S LAUGHTER OF 
D ISEASED  A NIMALS 
Declaration of 
disease by 
Government 
veterinary surgeon.
70. Whenever it appears to a government veterinary surgeon
that any disease or suspicious symptoms of disease exist or have
recently existed in any stable, field or other place, he shall
forthwith make and sign a declaration thereof and transmit the
same to the Director of Agriculture.
Notice of 
declaration to 
occupier. 
Amended by: 
L.N. 4 of 1963.
71. (1) The Director of Agriculture shall cause a notice of
such declaration, signed by him, to be served on the occupier of
such stable, field or other place and, thereupon, such stable, field or
other place together with all lands and buildings contiguous thereto
in the same occupation, shall become and be a place infected with
disease subject to the determination and declaration of the Minister
responsible for agriculture as provided in the next following
section.
(2) The Director of Agriculture shall with all possible dispatch
inform the Minister responsible for agriculture of the aforesaid
declaration.
  24        CAP. 36. ħ                    PREVENTION OF DISEASE 
Power of Minister 
responsible for 
agriculture to 
declare place to be 
"an infected place".
Amended by: 
L.N. 4 of 1963.
72. (1) The Minister responsible for agriculture, if satisfied of
the correctness of the declaration made by the government
veterinary surgeon as to the existence or past existence of such
disease, shall make an order declaring the place wherein the disease
exists or has existed, and, if necessary, the area within half a mile
in any direction from such place, to be infected with such disease.
(2) If the Minister responsible for agriculture is not satisfied of
the correctness of the said declaration as to the existence or past
existence of the disease, he shall make an order containing a
declaration to that effect, and, thereupon, as from the time specified
in such order, the place to which the declaration refers, shall cease
to be a place infected with disease.
Power of Minister 
responsible for 
agriculture to 
declare place to be 
free from disease. 
Amended by: 
L.N. 4 of 1963.
73. The Minister responsible for agriculture may, at any time,
if he thinks fit, on any evidence satisfactory to him, declare any
place or area infected with disease or any part thereof to be free
from disease.
Order of Minister 
responsible for 
agriculture to be 
conclusive 
evidence. 
Amended by:
L.N 4 of 1963.
74. The order of the Minister responsible for agriculture
declaring a place or area to be an infected place or area, or
declaring a place or area, or a portion of an area, to be free from
disease, or cancelling a declaration shall be conclusive evidence to
all intents of the existence, or past existence, or cessation of the
disease, or of the error in the declaration and of any other matter
whereon the order proceeds.
Slaughter of 
diseased animals 
by order of the 
Director of 
Agriculture.
75. The Director of Agriculture shall cause to be slaughtered
any animal which the government veterinary surgeon shall have
declared to be affected with cattle-plague, pleuro-pneumonia,
anthrax or glanders.
Slaughter of 
animals suspected 
of being diseased. 
Amended by: 
XVI.1961.3.
76. The Director of Agriculture may, if he thinks fit, in any
case cause to be slaughtered -
( a ) any animals suspected of being affected with a disease; 
( b ) any animals being or having been in the same field,
stable or other place or in the same herd or flock, or
otherwise in contact with other animals affected with a
disease.
Compensation for 
slaughtered 
animals. 
Substituted by: 
XVI. 1961.4. 
Amended by: 
L.N. 4 of 1963.
77. The Minister responsible for agriculture may make
regulations for prescribing - 
( a ) the nature and the amount of compensation payable, if
any, in respect of animals slaughtered under sections
75 and 76;
( b ) the cases in which such compensation shall be
payable; 
( c ) the conditions under which such compensation shall be
payable;
( d ) any matter incidental or supplementary to such
compensation, including in particular the delegation of
powers to officers of the department of agriculture in
relation to anything prescribed by such regulations.
                PREVENTION OF DISEASE    ġ CAP. 36.  25
Amount of 
compensation. 
Amended by:
L.N. 4 of 196 3.
78. (1) Where an animal has been slaughtered under this
Ordinance, the carcase of the animal shall belong to the
Government and shall be buried or sold or otherwise disposed of by
order of the Minister responsible for agriculture as the condition of
the carcase and other circumstances may require or admit.
(2) If, in any case, the sum received by the Government on the
sale of a carcase under this section exceeds the amount paid for
compensation to the owner of the animal slaughtered, the
Government shall pay that excess to the owner, after deducting
reasonable expenses.
TITLE III 
F OREIGN  A NIMALS
Landing of foreign 
animals. 
Amended by: 
L.N. 4 of  1963
79. Foreign animals shall be landed only at a part of a port
defined for that purpose by the Minister responsible for agriculture,
to be called a foreign animals wharf.
Manner and time 
of landing.
80. The animals shall be landed in such manner, at such times
and subject to such supervision and control as the Director of
Agriculture shall direct.
Inspection by 
government 
veterinary surgeon.
81. Such animals shall, upon landing, be forthwith inspected
by a government veterinary surgeon or other person deputed by the
Director of Agriculture to perform the duties of government
veterinary surgeon.
Infected foreign 
animal.
82. Any animal found to be affected with disease or suspected
of being so affected, shall be dealt with as an infected foreign
animal as provided in this Ordinance.
Power of Minister 
responsible for 
agriculture to order 
animals to be re-
exported or 
destroyed. 
Amended by: 
L.N. 4 of 1963.
83. The Minister responsible for agriculture may, if he deems it
expedient, order to be re-exported any such animals to be taken
back by the same ship on which they were brought to Malta, or by
any other ship, at the cost of the importer, or to be destroyed.
Power of Minister 
responsible for 
agriculture to make 
regulations. 
Amended by: 
XXXVIII.1933.1; 
L.N. 4 of 1963.
84. The Minister responsible for agriculture may, whenever he
deems it expedient so to do, for the purpose of preventing the
introduction of any disease into Malta or the spread of such disease
make regulations - 
( a ) for prohibiting or regulating the importation into Malta
and the landing therein, or the movement between the
islands of Malta and Gozo, of animals or any specified
kind thereof, or of carcases, fodder, litter, dung or
other thing;
( b ) for ensuring that any animals imported or landed as
aforesaid shall, on their arrival, be detained in
quarantine for the period fixed by such regulations.
  26        CAP. 36. ħ                    PREVENTION OF DISEASE 
Detention of 
infected foreign 
animals in 
quarantine. 
Amended by: 
XXXVIII.1933.2
L.N. 4 of 1963.
85. Where under the regulations referred to in the last
preceding section it is ordered that imported or transferred animals
shall be detained in quarantine, such animals shall be considered as
infected foreign animals and the following provisions shall apply in
respect thereof:
( a ) infected foreign animals shall be landed only at a part
of a port defined for that purpose, by regulations made
by the Minister responsible for agriculture, to be called
a quarantine station for infected foreign animals;
( b ) the said animals shall be landed in such manner, at
such times, and subject to such supervision and control
as the Director of Agriculture may prescribe and
subject to such conditions, in respect of the animals, or
of the ship from which they are landed, as the Minister
responsible for agriculture may by order impose;
( c ) when landed the animals shall be placed in sheds or
other places prepared by the Government for the
purpose in the quarantine station or in any other
station approved by the Minister responsible for
agriculture;
( d ) the animals shall not be moved out of the quarantine
station except on conditions prescribed by regulations
made by the Minister responsible for agriculture;
( e ) any quarantine station shall, for the purpose of this
Ordinance, be considered as an infected place.
Saving as regards 
animals intended 
for exhibition, etc. 
Amended by: 
L.N. 4 of 1963.
86. Notwithstanding anything contained in this Part of the
Ordinance or in any regulations made thereunder, the Minister
responsible for agriculture may make such regulations as he thinks
fit for allowing the landing of any foreign animals intended for
exhibition or for other exceptional purposes, without being subject
to the conditions laid down for the importation of infected foreign
animals.
TITLE IV
D ISEASE AND  M OVEMENTS OF  A NIMALS GENERALLY
Regulations. 
Amended by: 
V. 1912.1; 
XVI. I961.5; 
L.N. 4 of 1963; 
XI. 1968.2;
XXV. l980.2.
87. Subject to and in accordance with the provisions of this
Part of the Ordinance the Minister responsible for agriculture may
make, and when made vary or revoke regulations for the following
purposes, or any of them:
( a ) for prohibiting or regulating the movement of animals
and persons into, within or out of an infected place or
area;
( b ) for prohibiting or regulating the movement of animals
into, within or out of any island of the Maltese
archipelago in which the Minister is satisfied that there
has occurred an outbreak of a disease;
                PREVENTION OF DISEASE    ġ CAP. 36.  27
( c ) for prescribing and regulating the isolation or
separation of animals being in an infected place or
area; 
( d ) for declaring any area or place to be a disease-free area
or place and for prohibiting or regulating the
movement of animals into or out of any such area or
place;
( e ) for prohibiting or regulating the removal of carcases,
fodder, litter, utensils, pens, dung, or other things into,
within or out of an infected place or area;
( f ) for prescribing and regulating the destruction, burial,
disposal, or treatment of carcases, fodder, litter,
utensils, pens, dung, or other things, being in an
infected place or area, or removed thereout;
( g ) for prescribing and regulating the cleansing and
disinfection of infected places and areas, or parts
thereof; 
( h ) for prescribing and regulating the disinfection of the
clothes of persons coming in contact with or employed
about diseased or suspected animals, or being in an
infected place, and the use of precautions against the
spreading of disease by such persons;
( i ) for prohibiting or regulating the digging up of carcases
which have been buried;
( j ) for prohibiting or regulating the exposure of diseased
or suspected animals in markets or sale-yards, or other
public or private places, where animals are commonly
exposed for sale, and the placing thereof in lairs or
other places adjacent to or connected with markets, or
where animals are commonly placed before exposure
for sale;
( k ) for prohibiting or regulating the sending or carrying of
diseased or suspected animals, or of dung or other
thing likely to spread disease;
( l ) for prohibiting or regulating the carrying, leading, or
driving of diseased or suspected animals, on streets or
thoroughfares, or elsewhere;
( m ) for prescribing and regulating the seizure, detention
and disposal of a diseased or suspected animal
exposed, carried, kept, or otherwise dealt with in
contravention of the provisions of this Part of the
Ordinance or of any order of the Minister responsible
for agriculture made thereunder; and for prescribing
and regulating the liability of the owner or consignor
or consignee of such animal to the expenses connected
with the seizure, detention, and disposal thereof;
( n ) for prescribing the mode of ascertainment of the value
of an animal slaughtered, or liable to be slaughtered,
under this Ordinance;
  28        CAP. 36. ħ                    PREVENTION OF DISEASE 
( o ) for prohibiting or regulating the holding of markets
and exhibitions of animals, and the sale of animals and
their products;
( p ) for prescribing and regulating the cleansing and
disinfection of places used for the holding of markets,
exhibitions, or sales of animals, or for lairage of
animals, and yards, sheds, stables and other places
used for animals;
( q ) for ensuring for animals carried by sea a proper supply
of food and water and proper ventilation during the
passage and on landing;
( r ) for protecting animals from unnecessary suffering
during the passage and on landing;
( s ) for protecting animals from unnecessary suffering
during their transit within Malta;
( t ) for securing a proper supply of water and food to
animals during any detention thereof;
( u ) for prescribing and regulating the marking of animals; 
( v ) for prescribing and regulating the muzzling of dogs,
and the keeping of dogs under control;
( w ) for prescribing and regulating the seizure, detention,
and disposal (including slaughter) of stray dogs and of
dogs not muzzled, and of dogs not being kept under
control, and the penalty to be paid for the recovery of
dogs seized under such regulations;
( x ) for prescribing and regulating the payment and
recovery of expenses in respect of animals;
( y ) for controlling and regulating the rearing and keeping
of animals;
( z ) for controlling and regulating the movement of
animals from one place to another;
( za ) for controlling and regulating the collection and
transport of swill and the feeding of swill to animals; 
( zb ) generally, for the better execution of this Part of the
Ordinance, or for the purpose of in any manner
preventing the spreading of disease.
                PREVENTION OF DISEASE    ġ CAP. 36.  29
PART III
O FFENCES AND  L EGAL  P ROCEEDINGS 
TITLE I
D ETENTION OF  S HIPS
Power to detain 
ship. 
Amended by: 
L.N. 4 of 1963.
88. (1) Where the Director of Agriculture is satisfied that any
of the provisions of Part II of this Ordinance, or any regulation
made thereunder, has not been or is not being complied with on
board a ship in a port, then, on a report in writing to that effect
being made by him to the Minister responsible for agriculture,
stating particulars of non-compliance, the ship may be detained
until the Minister responsible for agriculture otherwise directs.
(2) The officer detaining the ship shall forthwith deliver to the
master or person in charge of such ship, a copy of the report.
Where ship leaves 
port after being 
detained by 
Comptroller of 
Customs.  Amended 
by: XV1.1960.3;
XXV. 1980.4; 
XIII. 1983.5.
89. Where, under this Ordinance, a ship is to be detained the
ship shall be detained by the Comptroller of Customs; and, if the
ship, after detention or after service on the master of any notice of
or order for detention, proceeds to sea before it is released by
competent authority, the master of the ship, and also the owner and
any person who sends the ship to sea, if that owner or person is
party or privy to the offence, shall be liable, on conviction for each
offence, to a fine ( multa ) not exceeding five hundred liri.
Penalty for 
proceeding to sea 
with customs 
officer on board. 
Amended by: 
XXV. 1980.4; 
XIII. 1983.5.
90. Where a ship so proceeding to sea takes to sea when on
board thereof in the execution of his duty any officer authorized to
detain the ship or any officer of customs, the owner and the master
of the ship shall each be liable, on conviction, to pay all expenses
of, and incidental to, the officer being so taken to sea, and also to a
fine not exceeding fifty liri for every day until the officer returns,
or until such time as would enable him, after leaving the ship, to
return to Malta; and the expenses ordered to be paid may be
recovered as a civil debt.
Where Comptroller 
of Customs may 
refuse a port 
clearance to ship. 
Amended by: 
XVI. 1960.3.
91. Where, under this Ordinance, a ship may be detained, the
Comptroller of Customs may refuse to grant a port clearance or a
transire to such a ship.
  30        CAP. 36. ħ                    PREVENTION OF DISEASE 
TITLE II
P UNISHMENTS FOR  O FFENCES UNDER  P ART I OF THIS 
O RDINANCE
Sub-title 1
PUNISHMENTS FOR OFFENCES UNDER TITLES I AND II
Offences under ss. 
5, 6, 12(3), 13, 
14(2), 15 and 28. 
Amended by:
II. 1926.3,4; 
XXV. 1980.4; 
III. 1982.10; 
XIII. I983.5.
92. (1) Any person offending against the provisions of
subsection (3) of section 12, of section 13, of subsection (2) of
section 14, of subsection (2) of section 15, or of section 28, shall,
on conviction, be liable to a fine ( ammenda ) not exceeding fifty
liri.
(2) Any person offending against the provisions of sections 5
and 6 shall, if the offence relates to a case of plague, small-pox,
Asiatic cholera, yellow fever or diphtheria, be liable, on conviction,
to imprisonment for a term not exceeding three months, or, if the
offence relates to any other disease specified in section 41, to a fine
( ammenda ) not exceeding fifty liri.
Offences under 
s. 7.
93. Any medical practitioner who shall offend against the
provisions of section 7 shall, on conviction, be liable to a fine
( multa ). 
Offences under ss. 
17(2), 19(3), 22(2), 
23, 24 (1)  ( a ), 27, 
30(2), 35, 36 (1) , 
39 and 40.
94. Any person guilty of an offence against the provisions of
subsection (2) of section 17, subsection (3) of section 19,
subsection (2) of section 22, section 23, paragraph  (a)  of subsection
(1) of section 24, section 27, subsection (2) of section 30, section
35, subsection (1) of section 36, section 39, or section 40 shall, on
conviction, be liable to a fine ( ammenda ).
Offences under ss. 
25(4), 26, 29, 
30 (1) , 33 and 
36(2). 
Amended by: 
XXV. 1980.4; 
XIII. 1983.5.
95. Any person offending against the provisions of subsection
(4) of section 25, section 26, section 29, subsection (1) of section
30, section 33, or subsection (2) of section 36 shall, on conviction,
be liable to a fine ( multa ) not exceeding fifty liri.
Offences under s. 
24 (1) ( b ), ( c ) 
and( d ). 
Amended by: 
XLIX. 1981.4.
96. Any person offending against the provisions of paragraph
( b ), ( c ) or ( d ) of subsection (1) of section 24 shall, on conviction,
be liable to a fine ( multa ) or to imprisonment for a term not
exceeding one month.
Offences under 
s. 45.
97 . Any person offending against the provisions of section 45
shall, on conviction, be liable to a fine ( multa ) and, at the discretion
of the court, to interdiction from the practice of his profession for
such time as the court may fix.
Offences under
s. 52.
Amended by:
II. 1926.5;
XXV. 1980.4; 
XIII. 1983.5.
98. Any person guilty of an offence against the provisions of
section 52 shall, in the case of a first and slight offence, be liable to
a fine ( multa ) from five liri to twenty-five liri; in any other case, to
a fine ( multa ) not exceeding five hundred liri.
                PREVENTION OF DISEASE    ġ CAP. 36.  31
Additional penalty 
in the case of 
certain offences. 
Amended by: 
XXV. 1980.4; 
XIII. 1983.5.
99. In the case of an offence against the provisions of section
23, paragraph ( a )   of subsection (1) of section 24, section 33,
section 35 or section 52, the offender shall moreover be liable, for
every day during which the offence continues, to a further fine
( ammenda ) not exceeding - 
( a ) five liri where the offence is against section 23;
( b ) ten liri where the offence is against paragraph ( a ) of
subsection (1) of section 24 or section 35;
( c ) twenty-five liri where the offence is against section 33;
or
( d ) two hundred liri where the offence is against section
52.
Offences against 
regulations made 
under ss. 42  or 43. 
Added by: 
X. 1953.6. 
Substituted by:
III. 1982.11. 
Amended by: 
XIII. 1983.5.
100. (1) Any person offending against any regulations made
under section 42 shall, on conviction, be liable to a fine ( multa ) not
exceeding fifty liri.
(2) Any person offending against regulations made under
section 43 shall, on conviction, be liable to a fine ( multa ) of not
less than fifty liri.
Sub-title II
P UNISHMENT FOR  O FFENCES AGAINST  T ITLE  III
Offences under 
s. 55.
Amended by: 
XXV. 1980.4; 
XIII. 1983.5.
101.   Any person contravening the provisions of section 55
shall, on conviction, be liable to a fine ( multa ) not exceeding fifty
liri.
Punishment for 
neglect of 
immunisation. 
Amended by: 
L.N. 4 of 1963; 
XI.1977.2; 
XXV.1980.4. 
Substituted by: 
III.1982.12. 
Amended by: 
XIII. 1983.5.
102.   Every parent or person having the custody of a child who
shall neglect to take such child or to cause such child to be taken
for immunisation or for a booster dose, and every person of age
who shall neglect to cause himself to be vaccinated or re-
vaccinated as provided for in this Ordinance, shall be liable to a
fine ( ammenda ) not exceeding ten liri.
Offences under
s. 65. 
Amended by: 
III. 1982.13.
103.   Any person who shall commit any offence under section
65 shall be liable, on conviction, to a fine ( ammenda ).
Other offences by 
officer in charge of 
an immunisation 
centre, etc. 
Amended by: 
XXV. 1980.4; 
III.1982.14; 
XIII.1983.5.
104.   In any other case not expressly provided for in the
preceding sections of this sub-title, any officer in charge of an
immunisation centre, medical practitioner or other person, as the
case may be, who shall offend against the provisions of Title III of
Part I of this Ordinance shall be liable, on conviction, to a fine
( ammenda ) not exceeding ten liri.
  32        CAP. 36. ħ                    PREVENTION OF DISEASE 
TITLE III
PUNISHMENTS FOR OFFENCES AGAINST PART II OF THIS 
ORDINANCE
Penalties for 
offences under Part 
II. 
Amended by: 
XXI.1976.2; 
XXV. 1980.4; 
XIII. 1983.5.
105.   Saving the provision of section 109 of this Ordinance if
any person is guilty of an offence against the provisions of Part II
of this Ordinance he shall for every such offence be liable - 
( a ) to a fine ( ammenda ) or to a fine ( multa ) not exceeding
fifty liri; or
( b ) if the offence is committed with respect to more than
four animals, to a fine ( ammenda ) not exceeding
twenty liri for each animal; or
( c ) where the offence is committed in relation to carcases,
fodder, litter, dung or other thing (exclusive of
animals) other than swill to a fine ( multa ) not
exceeding fifty liri in respect of every five hundred
and eight kilogrammes in weight thereof after five
hundred and eight kilogrammes, in addition to the first
fine ( multa ) not exceeding fifty liri.
General offences. 
Amended by: 
L.N. 4 of 1963; 
XXI.1976.3; 
XLIX. 1981.4.
106.   Saving the provision of section 109 of this Ordinance, if
any person, without lawful authority or excuse, proof whereof shall
lie on him, does any of the following things, he shall be guilty of an
offence against Part II of this Ordinance:
( a ) if he does anything in contravention of the provisions
of that Part, or of an order of the Minister responsible
for agriculture or regulation made thereunder; or
( b ) if, where required by the provisions of that Part, or by
an order of the Minister responsible for agriculture or
regulation made thereunder, to keep an animal
separate, as far as practicable from other animals or to
give notice of disease with all practicable speed, he
fails to do so; or
( c ) if he fails to give, produce, observe or do any notice,
license, rule or thing which according to the provisions
of that Part or to any order of the Minister responsible
for agriculture or regulation made thereunder, he is
required to give, produce, observe or do; or
( d ) if he does anything which by that Part or by an order of
the Minister responsible for agriculture or regulation
made thereunder, is made or declared to be unlawful;
or
( e ) if he does or omits to do anything, the doing or
omission whereof is declared in that Part or in any
order of the Minister responsible for agriculture or
regulation made thereunder, to be an offence by him
against that Part; or
( f ) if he refuses to any officer acting in execution of that
Part or of an order of the Minister responsible for
agriculture or regulation made thereunder, admission
                PREVENTION OF DISEASE    ġ CAP. 36.  33
to any land, building, ship, farm-house, vehicle or boat
which the officer is entitled to enter or examine, or
obstructs or impedes him in so entering or examining,
or otherwise in any respect obstructs or impedes any
Police or other officer in the execution of his duty, or
assists in any such obstructing or impeding; or
( g ) if he throws or places or causes or suffers to be thrown
or placed, into or in the sea within five kilometres of
the shore, the carcase or any animal which has died of
disease or been slaughtered as diseased or suspected of
being diseased,
and on a  further conviction within a period of twelve months for a
second or subsequent offence against the same paragraph of this
section he shall be liable, in the discretion of the court, to
imprisonment for any term not exceeding one month, in lieu of the
fine ( multa)   to which he is liable under section 105.
Punishment for use 
of expired licenses, 
digging up or car-
cases and other 
specified offences. 
Amended by: 
L.N. 4 of 1963; 
XXI. 1976.4;
XLIX.1981.4.
107. (1) Saving the provision of section 109 of this Ordinance,
a person shall be guilty of an offence against Part II of this
Ordinance if he does any of the following things:
( a ) if, with intent unlawfully to evade the provisions of
Part II of this Ordinance, or any order of the Minister
responsible for agriculture or regulation made
thereunder, he does anything for which a license is
requisite under that Part or under an order of the
Minister responsible for agriculture or regulation made
thereunder, without having first obtained such license;
or 
( b ) if, where a licence is requisite, having obtained such
licence he, with the like intent, does the thing licensed
after the licence has expired; or
( c ) uses or offers or attempts to use as such a licence an
instrument not being a complete licence or an
instrument untruly purporting or appearing to be a
licence, unless he shows to the satisfaction of the court
that he did not know of that incompleteness or untruth
and that he could not by the use of reasonable
diligence have obtained knowledge thereof; or
( d ) if he obtains or endeavours to obtain any licence,
certificate or other instrument required by that Part or
by an order of the Minister responsible for agriculture
or regulation made thereunder, by means of a false
pretence, unless he shows to the satisfaction of the
court that he did not know of that falsity and that he
could not by the use of reasonable diligence have
obtained knowledge thereof; or
( e ) if with intent unlawfully to evade or defeat the
provisions of Part II of this Ordinance, or any order of
the Minister responsible for agriculture or regulation
made thereunder he grants or issues any instrument
being in form a licence, certificate or other instrument
made or issued under that Part or under an order of the
  34        CAP. 36. ħ                    PREVENTION OF DISEASE 
Minister responsible for agriculture or regulation made
thereunder, for permitting or regulating the movement
of a particular animal, or the doing of any other
particular thing but being issued in blank that is to say
not being before the issue thereof so filled up as to any
particular animal or thing; or
( f ) if he uses or offers or attempts to use, for any purpose
under Part II of this Ordinance or under any order of
the Minister responsible for agriculture or regulation
made thereunder, an instrument so issued in blank,
unless he shows to the satisfaction of the court that he
did not know of it having been so issued and that he
could not with reasonable diligence have obtained
knowledge thereof; or
( g ) if, without lawful authority or excuse, proof whereof
shall lie on him, he digs up, or causes to be dug up, a
carcase buried under the direction of the Police or of
the Director of Agriculture; or
( h ) if, where the Minister responsible for agriculture has
by order prohibited, absolutely or conditionally, the
use for the carrying of animals or for any purpose
connected therewith, of any ship, vehicle, pen or other
place he, without lawful authority or excuse, proof
whereof shall be on him, does anything so prohibited.
(2) And saving the provision of the said section 109, in every
case in this section specified on a further conviction within a period
of twelve months for a second or subsequent offence against the
same paragraph of this section he shall be liable, in the discretion
of the court, to imprisonment for any term not exceeding two
months, in lieu of the fine ( multa ) to which he is liable under
section 105.
Forfeiture of 
animal. 
Amended by: 
L.N. 4 of 1963.
108.   If any person lands or ships, or attempts to land or ship an
animal or thing in contravention of Part II of this Ordinance or of
any order of the Minister responsible for agriculture or regulation
made thereunder, the animal or thing in respect whereof the offence
is committed, shall be forfeited and the offender shall moreover be
liable to the penalties prescribed by this Ordinance.
Punishment for 
specific offences. 
Added by: 
XXI.1976.5. 
Substituted by: 
XXV.1980.3. 
Amended by:
XIII. 1983.5.
109. (1) Notwithstanding any other provision of this
Ordinance, any person who is found guilty of an offence against
any provision of any regulation made under this Part of this
Ordinance - 
( a ) where such provision or provisions refer to the
importation, movement, or quarantine of dogs or cats,
or to the landing of swill from any ship, yacht,
pleasure craft, boat or other vessel or from any
aircraft, shall be liable to a fine ( multa ) of not less than
two hundred liri but not exceeding one thousand liri or
to imprisonment for a term of not less than three
months but not exceeding six months; and
                PREVENTION OF DISEASE    ġ CAP. 36.  35
( b ) in respect of any regulations made under paragraphs
( y ), ( z ) or ( za ), of section 87 of this Ordinance - 
(i) where such provision or provisions refer to the
requirement of any licence or authorization,
shall be liable to a fine ( multa ) of not less than
five hundred liri but not exceeding one thousand
liri; and
(ii) for the contravention of any other provision or
provisions of such regulations, shall be liable to
a fine ( multa ) of not less than fifty liri but not
exceeding one thousand liri.
Cap. 446.
in relation to an offence referred to in paragraph  (a)  of subsection
(1) of this section.
Presumption.
charged with an offence against this Ordinance relative to disease
or to any illness of the animal, he shall be presumed to have known
of the existence of the disease or illness in such animal, unless and
until he shows to the satisfaction of the court that he had no
knowledge thereof and could not with reasonable diligence have
obtained that knowledge.
TITLE IV
P ROVISIONS COMMON TO THE FOREGOING TITLES OF 
P ART III
Competent court. 
Amended by. 
VIII. 1990.3.
111.   Proceedings for an offence against this Ordinance shall be
instituted - 
( a ) in the Court of Magistrates (Malta), where the offence
is committed in the island of Malta;
( b ) in the Court of Magistrates (Gozo), where the offence
is committed in Gozo or Comino.
Prosecuting officer.
Amended by: 
XXXVIII.1939.2. 
112.   In all proceedings instituted for offences against this
Ordinance, the Superintendent or any medical officer of health
deputed by him, and, in the case of offences against Part II of this
Ordinance, the Director of Agriculture or any government
veterinary surgeon deputed by him, may lay the charge before the
court, produce evidence and plead the case instead of the Police.
Evidence of 
authority to 
prosecute on behalf 
of Superintendent. 
Amended by:
XXXVIII. 1939.3.
113.   The sworn statement of any of the officers mentioned in
the last preceding section to the effect that he has been deputed by
the Superintendent or as the case may be, by the Director of
Agriculture for the purpose therein stated, shall be conclusive
evidence of the fact, should the proof thereof be required by the
accused.
Evidence of 
prosecuting officer
114. (1) Any of the officers mentioned in the last preceding
section may, in all cases, be called as a witness at the request of the
accused.
  36        CAP. 36. ħ                    PREVENTION OF DISEASE 
(2) If his evidence is required on behalf of the prosecution, he
shall be heard before assuming the duties of prosecuting officer,
unless the necessity of his evidence shall arise afterwards.
Where offender is 
insane or absent 
from Malta. 
Amended by: 
XXXVIII.I939.5.
115. (1) Where the offender is insane or absent from Malta
and the Superintendent or any medical officer of health or, in the
case of an offence against Part II of this Ordinance, the Director of
Agriculture or a government veterinary surgeon certifies on oath
that it is urgently required that the nuisance caused by the offence
be abated or that the law be otherwise enforced, the court may
order the summons to be served, in the first case, on the lawful
representative or the person having the custody of the offender,
and, in the second case, or where, in the first case, the party insane
is not under the charge of any person, on the spouse or on a near
relation of the offender, or on the person, if any, entrusted with the
management of his property.
(2) In any such case, if the offence is proved, the court shall
apply the provisions of section 118 or section 119: provided that as
regards the award of punishment to the offender the court shall
adjourn the case until his return or until he is fit to stand trial.
Punishment for 
second of 
subsequent 
offence.
116.   Saving any other provision of this Ordinance with respect
to a second or subsequent conviction, where any person who has
been convicted of an offence under this Ordinance shall, within a
period of three months from the day on which the punishment has
been undergone or remitted, commit any other offence under this
Ordinance, the court may increase the punishment prescribed for
such other offence up to double the amount, or term thereof.
Power of court to 
cancel or suspend 
licence in certain 
cases.
117.   In the case of a third or subsequent conviction for a like
offence, committed by any shop-keeper, vendor or other person
exercising any art, trade or other calling in virtue of a licence
granted by any public authority, the court may, if the offence is in
connection with the exercise of such trade, art or calling, cancel the
licence or suspend the same for any period at its discretion.
Court may order 
offender to abate 
nuisance in certain 
cases. 
Amended by:
XXV.1980.4;
XIII. 1983.5.
118.   In the case of any offence against this Ordinance, the
court, besides awarding punishment shall, where necessary, make
an order requiring the offender to abate the nuisance arising from
the offence, or, according to circumstances, to carry out the law
within a sufficient time to be fixed for the purpose by the court; and
if the offender fails to comply with such order within the time so
fixed, he shall be liable to a fine ( ammenda ) not exceeding ten liri
for every day the nuisance or non-compliance with the law
continues after the expiration of the said time:
  Provided that where a special penalty is prescribed in any
provision of this Ordinance in case of the continuance of an
offence, such special penalty shall be applied.
Court may also 
order nuisance to 
be abated by 
Police.
119.   The court may also order that the nuisance be abated or the
law be carried out by the Police at the expense of the offender, who
in any such case, may be made to refund such expense under a
warrant issued by the same court.
                PREVENTION OF DISEASE    ġ CAP. 36.  37
Punishments 
mentioned in this 
Ordinance are the 
same as those laid 
down in the 
Criminal Code.
Amended by: 
XLIX. l981.4.  
Cap. 9.
120.   The punishments of fine ( ammenda  or  multa ), detention
and imprisonment imposed by this Ordinance are the same as those
laid down in the Criminal Code, and the provisions of that Code
relating to such punishments shall be applicable to the same when
awarded under this Ordinance.
Offences liable to 
heavier 
punishment. 
Cap. 9.
121.   The punishments established in this Ordinance shall apply
provided the fact does not constitute an offence under the Criminal
Code or any other special law liable to a heavier punishment, in
which case such heavier punishment shall be applied.
Offences against  
this Ordinance to 
be considered as 
contraventions.
Cap. 9.
122.   Any offence against the provisions of this Ordinance shall,
for the purposes of the Criminal Code fall into the class of
contraventions, even where the punishment prescribed in this
Ordinance is heavier than those laid down in the said Code for
contraventions.
Appeal.
made under the provisions of Part I of this Ordinance, except in the
cases referred to in sections 5, 6, 7 and 8, paragraphs   ( b ), ( c )   and
( d ) of subsection (1) of section 24, sections 26, 30, 39 and 45, and
in any other case expressly provided for in that part:
  Provided that any order made under section 26 and any decision
under the provisions of section 45, may be enforced pending any
appeal therefrom.
Recovery of 
damages.
124.   Any damages due in respect of any offence under this
Ordinance shall be recoverable by the injured party as a civil debt.
Saving as to 
anything done 
under repealed 
enactment.
125.   Nothing in this Ordinance shall invalidate anything
lawfully done under any prior enactment hereby repealed.
Saving as to 
regulations made 
under repealed 
enactment.
126.   All regulations made under any enactment hereby repealed
and which are not inconsistent with the provisions of this
Ordinance shall remain in force until other regulations are made in
substitution therefor under this Ordinance.
