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CHAPTER 183
ANIMAL FOOD AND FEEDING STUFFS ACT
To make provision with respect to the manufacture and sale of animal
feeding stuffs and other matters incidental thereto.
( )*
Enacted by ACT IV of 1965, as amended by Acts XIII of 1985 and VIII of
1990.
1. This Act may be cited as the Animal Food and Feeding Short title and
Stuffs Act, and shall come into force on such date as the Minister commencement.
responsible for agriculture may appoint by notice in the
Government Gazette.*
2. In this Act and in any regulations made thereunder, unless Interpretation.
the context otherwise requires -
"animal food", "animal foodstuffs" and "animal feeding stuff"
includes any compound feeding stuff, any balanced compound
feeding stuff and any articles intended for use as food for stock;
"balanced compound feeding stuff" means a compound feeding
stuff specified in the First Column of Part II of the First Schedule
to this Act;
"cattle" means bulls, cows, oxen, heifers, calves, sheep, goats
and swine;
"compound feeding stuff" means an animal feeding stuff
consisting in a mixture of ground, pulverised or kibbled materials,
other than a balanced compound feeding stuff;
"Director of Agriculture" includes any officer of the Department
of Agriculture to whom the Director of Agriculture may from time
to time assign in writing any powers or duties under this Act;
"Director of Trade" includes any officer of the Department of
Trade to whom the Director of Trade may from time to time assign
in writing any powers or duties under this Act;
"inspector" means a person appointed by the Prime Minister
under section 10 of this Act;
"Malta" has the same meaning as is assigned to it by section 124
of the Constitution of Malta;
"manufacture" includes mix or prepare;
"official analyst" means any person designated by the Prime
Minister, by notice published in the Government Gazette, to act as
analyst for the purpose of this Act;
"poultry" means fowls, turkeys, geese, ducks and guinea fowls;
"prescribed" means prescribed by regulations made under this
Act;
"protein" means the amount of nitrogen excluding ammoniacal
nitrogen or nitric nitrogen, if present, multiplied by 6.25;
"sale" includes any disposal under whatever title, whether
onerous or gratuitous, any transfer of goods from one’s possession
and any offering or exposing for sale or having in possession for
sale, and "sell" shall be construed accordingly;
"stock" means cattle, poultry, horses, asses, mules and rabbits.
Licence by the 3. (1) No person shall manufacture or sell animal feeding
Director of Trade. stuffs without a licence issued by the Director of Trade.
(2) The issue of a licence under subsection (1) of this section
shall not exempt the holder thereof from obtaining any other
licence or permit required by any other law.
Where licence is 4. A licence under this Act shall not be required for any of the
not required. following objects:
(a) the sale by growers of their own produce as food for
animals so long as such produce is not manufactured in
any way before sale;
(b) the manufacture of animal feeding stuffs for the
purposes of consumption by stock owned by the
person manufacturing such feeding stuff.
Provisions 5. (1) No person shall sell any animal feeding stuff other than
governing the sale in packaged form.
of animal feeding
stuffs. (2) No person shall sell any parcel of animal feeding stuff
included in the First Column of Part I of the First Schedule to this
Act unless such parcel is marked in the prescribed manner with a
mark or marks stating -
(a) the name under which such feeding stuff is sold; and
(b) such particulars (if any) of composition as are
mentioned in relation thereto in the Second Column of
the said Schedule; and
(c) where the animal feeding stuff contains any ingredient
included in the Second Schedule to this Act, the name
of such ingredient; and
(d) in the case of a mixture containing two or more
ingredients unground, the nature and proportions of
the ingredients.
(3) No person shall sell any animal feeding stuff mentioned in
subsection (2) of this section which, except for such limits of
variation as may be prescribed does not conform in its composition
to the particulars stated in accordance with the said subsection (2).
(4) No person shall sell any parcel of a balanced compound
feeding stuff unless it is marked in the prescribed manner with a
mark or marks stating -
(a) the type-name of such balanced compound feeding
stuff; and
ANIMAL FOOD AND FEEDING STUFFS [CAP. 183. 3
8. Where an animal feeding stuff or any material used in the Implied warranty.
manufacture of any compound feeding stuff or of any balanced
compound feeding stuff is sold under a name specified in the First
Column of the Third Schedule to this Act, there shall be implied,
notwithstanding any agreement or notice to the contrary, a warrant
by the seller that such feeding stuff or material accords with the
definition thereof contained in the Second Column of that Schedule
and it shall not be lawful for any person to sell any such feeding
stuff or material in breach of that warranty.
9. (1) No person shall manufacture or sell any animal feeding Sale of animal
stuff which contains any ingredient deleterious to stock. feeding stuff
containing
(2) Any substance mentioned in the Fourth Schedule to this deleterious
ingredients.
Act, if present in a feeding stuff, or where a maximum quantity
with regard to a substance is indicated in the said Schedule, if
present in excess of that quantity, shall be deemed to be a
deleterious ingredient unless the contrary is proved.
10. The Prime Minister may from time to time appoint one or Appointment,
more inspectors whose duty it shall be to see that the provisions of duties and powers
of inspectors.
this Act are complied with, and, without prejudice to the generality
of the foregoing, such inspectors may -
(a) at all reasonable times enter any place where any
animal feeding stuff is manufactured or sold;
(b) inspect any animal feeding stuff and any books or
documents found in any such place;
(c) take samples of any animal feeding stuff from any
such place; and
(d) seize any animal feeding stuff which, on the basis of
the certificate referred to in subsection (2) of section
13 of this Act, they will consider to be in
contravention of the provisions of section 9 of this
Act:
4 CAP. 183.] ANIMAL FOOD AND FEEDING STUFFS
Taking of samples. 11. (1) Samples shall be taken in the prescribed manner.
(2) An inspector who has taken a sample shall divide it into
three approximately equal and truly representative portions and
shall pack and seal each such portion in the prescribed manner. He
shall then send or deliver two of the portions to the official analyst
together with a signed statement that the sample was taken in the
prescribed manner and he shall deliver the third portion to the
person who would be liable to prosecution in the event of an
offence being disclosed by the result of analysis of the sample, or
to the representative of such person.
(3) The inspector shall not disclose to any person, other than
the Director of Agriculture, the name of the manufacturer or seller
of such feeding stuff.
Right of purchaser 14. A purchaser of any animal feeding stuff may within
to request taking of fourteen days from the date of delivery to him of such feeding stuff,
sample.
on payment of such fee as may from time to time be prescribed,
request an inspector to take a sample from such feeding stuff in the
prescribed manner.
Certificate may be 15. Where a sample has been taken and analysed in the
produced as prescribed manner such analysis shall be deemed to be an analysis
evidence.
of the whole quantity of animal feeding stuff from which the
sample was taken and the certificate of analysis mentioned in
subsection (2) of section 13 of this Act, subject to its being con-
firmed on oath by the official analyst, shall be accepted as evidence
in any criminal proceedings instituted under this Act.
ANIMAL FOOD AND FEEDING STUFFS [CAP. 183. 5
16. (1) Any person who contravenes any of the provisions of Penalties.
this Act or of any regulations made thereunder shall be guilty of an Amended by:
XIII. 1983.5;
offence and shall be liable - VIII. 1990.3.
(a) on a first conviction by the Court of Magistrates of an
offence against any of the provisions of section 5, 7, 8
or 9 of this Act, to a fine (multa) of not less than ten
liri and not exceeding fifty liri and, on a second or
subsequent conviction by the said court of any such
offence, to a fine (multa) of not less than fifty liri and
not exceeding one hundred liri;
(b) on a first conviction by the Court of Magistrates of an
offence against any of the other provisions of this Act
or of any regulations made thereunder, unless in any
such regulations a lesser penalty is established, to a
fine (multa) of not less than five liri and not exceeding
twenty liri and, on a second or subsequent conviction
of any such offence, to a fine (multa) of not less than
twenty liri and not exceeding fifty liri.
(2) Where any person is convicted of an offence under this Act
or under any regulations made thereunder, the Director of Trade
may in his discretion and in relation to such person withhold the
granting of, suspend, or cancel any licence required under section 3
of this Act for such time as he may deem proper.
17. (1) Where criminal proceedings against the seller, not Good faith of
being also the manufacturer, of an animal feeding stuff are seller.
instituted under this Act for an offence against any of the
provisions of subsection (3) of section 5, of subsection (2) of
section 7, of section 8, or of subsection (1) of section 9, such seller
shall not be liable to conviction -
(a) if he proves that, having exercised the due diligence
and having taken all reasonable precautions to make
sure that there was no infringement of any of the said
provisions, he was led into the mistaken belief that
there was not any such infringement; and
(b) if, on being so requested by an inspector, he has
furnished all the information available to him in regard
to the person from whom he purchased, acquired or
otherwise obtained the animal feeding stuff connected
with the offence and in regard to the condition and
description of such feeding stuff at the time when it
came into his possession.
(2) Criminal proceedings under this Act shall not be instituted
after the expiration of three months from the date on which a
sample has been taken in accordance with subsection (1) of section
11 of this Act.
18. The Minister responsible for agriculture may from time to Power to make
time make regulations - regulations.
Official secrecy. 19. (1) Every person having an official duty or being
employed in the administration of this Act or of any regulations
made thereunder shall regard and deal with any details or any
information resulting from the analysis of any animal feeding stuff
carried out in pursuance of this Act or of any regulations made
thereunder as secret and confidential, except in so far as may be
necessary for the purpose of carrying into effect the provisions of
this Act or of any such regulations or for the purpose, or in the
course, of a prosecution for any offence committed in relation
thereto.
(2) Any person who contravenes the provision of subsection (1)
of this section shall be guilty of an offence to which the provisions
of paragraph (a) of subsection (1) of section 16 of this Act shall
apply, but any such person shall be also liable, at the discretion of
the court, to be sentenced to imprisonment for a period not
exceeding six months.
ANIMAL FOOD AND FEEDING STUFFS [CAP. 183. 7
SCHEDULES
FIRST SCHEDULE
PART I
PART II
Balanced Compound feeding stuff type-name Amounts of oil, protein and fibre
respectively within the undernoted
limits.
Oil % Protein % Fibre %
Cattle:
Dairy Cattle Production Ration "A" (Ordinary) ........... 2½ to 6 16 to 21 up to 12
Dairy Cattle Production Ration "B" (High yield) ......... 2½ to 6 18 to 23 up to 10
Calf Starter Ration ...................................................... up to 4 22 to 26 up to 5½
Calf Rearing Ration .................................................... 2½ to 6 19 to 24 up to 8½
Cattle Fattening Ration ............................................... 2½ to 7 18 to 23 up to 12
Pigs:
Sow and Weaner Ration .............................................. up to 4½ 16 to 20 up to 6½
Pig Creep-Feed Ration ................................................ up to 4 19 to 24 up to 5½
Pig Fattening Ration .................................................. up to 3½ 12 to 16 up to 6½
Poultry:
Layers Ration ............................................................. 2 or over 16 to 22 up to 6
Chick Rearing Ration .................................................. 2 or over 19 to 23 up to 5
Poultry Growers Ration .............................................. 2 or over 17 to 21 up to 6
Broiler Ration ............................................................. 3½ or over 20 to 25 up to 5
Turkey Starter Ration ................................................. 3½ or over 22 to 26 up to 5½
Turkey Growers Ration ............................................... 3½ or over 16 to 20 up to 7
Turkey Finishing Ration ............................................. 3½ or over 13 to 16 up to 7
SECOND SCHEDULE
(SECTION 5(2))
(a) Husks, chaff, glumes, hulls, nutshells or skins of nuts, shudes, from any
source, when used as separate ingredients or artificial mixtures in the
manufacture of feeding stuffs.
Where the kernels naturally associated in seeds with one or other of the
above materials are present in a feeding stuff along with the materials with
which they are so associated, regard shall be had to the proportion of the
above materials that might reasonably be expected to accompany such
kernels when the seed from which they are derived is in its natural
condition, provided that feeding in this condition is regarded as a common
practice in the feeding of live-stock.
10 CAP. 183.] ANIMAL FOOD AND FEEDING STUFFS
THIRD SCHEDULE
(SECTION 8)
In the case of every article mentioned in this Schedule the definition of which includes the
expression "commercially pure", it is implied that no other matter may be added.
FOURTH SCHEDULE
(SECTION 9(2))