A new legislation has been implemented regulating Pet Sitters and Dog Establishment Owners in Malta. This new law comes in the wake of far to many incidents being reported whereby animals have been harmed, mistreated or even killed whilst under the care and supervision of groomers and boarders.
This new legislation, titled Subsidiary Legislation 439.26: Standards for Operating Pet Sitting Accommodations and Pet Boarding Accommodation Establishments for Cats and Dogs Regulations, 2024, came into effect on August 28, 2024. This legislation replaces Subsidiary Legislation 439.15: Minimum Standards for Operating a Boarding Establishment for Cats and Dogs Regulations, which had been in place since April 2, 2014.
The new law introduces enhanced standards, offering a more comprehensive approach compared to the previous regulation, which only addressed minimum requirements.
The key legislative change introduced by the new regulation is the clear distinction between pet sitting and pet boarding services for cats and dogs. Under the new law, pet sitting is defined as "caring for up to four animals at a time for a maximum of two weeks," while pet boarding refers to "caring for five or more animals at once." Pet sitting also includes day care providers and dog walkers, even if no overnight stays are involved.
As part of these changes, both pet sitters and boarding establishments are now required to hold a licence. While pet boarding facilities were previously licensed, the new legislation introduces mandatory registration for pet sitting services. Current operators have six months to register with the Directorate and one year to comply with all the required standards. Similar to the process for grooming services, the Animal Welfare Directorate will publish a list of those who successfully complete the registration.
In addition to clarifying the distinction between pet sitting and boarding, the new legislation introduces several obligations for pet sitters and boarding establishment owners.
Key requirements include employee qualifications and the need for a clean conduct record under the Animal Welfare Act (AWA), Chapter 439 of the Laws of Malta. Establishments must also maintain detailed records for a minimum of two years, documenting each animal's stay, including arrival and departure dates, as well as information about the animal, its owner, and its health and nutrition needs. All animals entering the establishment must be vaccinated in accordance with the AWA.
Furthermore, the law sets specific supervision requirements, safety protocols, and accommodation standards, including enclosure sizes and capacity limits, to ensure the health and safety of the animals.
Should any individual who is working as a pet sitter and/or pet boarding establishment owner fail to comply with the above obligations and standards, administrative penalties will ensue. Specifically, in case one operates without a licence or where although licensed is not registered with the Director, upon first conviction, he can be fined between €2,000 and €65,000, imprisoned for up to 3 years, or both. For a second or later conviction, the fine increases to between €6,000 and €80,000, with the same possible prison time of up to 3 years, or both penalties.
If someone is found guilty of violating this Act or its regulations by mistreating animals, the Court can, in addition to the punishment as set out above, ban the person from owning animals or living where animals are kept for a period determined by the Court.
Additionally, at the prosecution's request, the Court can issue a temporary order during the trial if there is sufficient evidence, preventing the person from keeping animals until the final decision is reached.
The Commissioner for Animal Welfare will maintain a register called the "Offenders of the Animal Welfare Act and its Regulations," listing anyone convicted by the Court for breaking this law. The register will note the person's name and the duration of their ban on keeping animals. An official copy of the judgment or court order will also be kept in the register.
Author: Catriona Cuschieri
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