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Animal Food and Feeding Stuffs Act (Cap. 183) Consolidated

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.

( )*

ACT IV of 1965, as amended by Acts XIII of 1985 and VIII of 1990; and

Legal Notice 410 of 2007.

1. This Act may be cited as the Animal Food and Feeding Stuffs Act, and shall come into force on such date as the Minister responsible for agricult ure ma y ap point b y notice in the Government Gazette.*

2. In this Act and in any regulations made thereunder, unless the context otherwise requires -

"animal food", "animal foodstuffs" and "animal feeding stuff" includes any compou nd 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;
"co m pou nd feedi ng stuf f" m e an s an animal feeding st uf f 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 pe rson appoint ed 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;
"off icial analyst" means any person design ated 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

Short title and commencement.

Interpretation.

*Not yet in force.

Licence by the

Director of Trade.

Act;
"protein" means the amount of nitrogen excluding ammoniacal nitrogen or nitric nitrogen, if present, multiplied by 6.25;
" s ale" includes any d i s p o s al u nde r wh at ev e r t itl e , wh e t he r 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.

3. (1) No person shall manufacture or sell animal feeding 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 ot her licence or permit required by any other law.

Where licence is not required.

4. A licence under this Act shall not be required for any of the 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 governing the sale of animal feeding stuffs.

5. (1) No person shall sell any animal feeding stuff other than in packaged form.

(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 subsecti on (2) of th is secti o n wh ich, excep t for such li mits 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
(b) the percentages of protein, of oil and of fibre in such balanced compound feeding stuff.

6. The provision of subsection (1) of section 5 of this Act shall not apply to the sale of quantities of twenty-five and one-half kilograms or less if an animal feeding stuff is taken in the presence of the purchaser from a parcel containing a greater quantity than twenty-five and one-half kilograms, but in any such case all the other provisions of the said section 5 shall apply in regard to such parcel and to the sales made therefrom.

7. (1) No person shall sell any balanced compound feeding st uff und er any type-name o ther than one specified in the First Column of Part II of the First Schedule to this Act.

(2) No person shall sell any balanced compound feeding stuff which is not, in relation to the type-name used, within the limits of analysis specified for such type-name in the Second Column of Part I of the First Schedule to this Act.

Sale of animal feeding stuff in small quantities.

Type-names and limits of analysis of balanced compound feeding stuff.

8. Where an animal feeding stuff or any material used in the 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 stuff which contains any ingredient deleterious to stock.

(2) Any substance mentioned in the Fourth Schedule to this 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 t h at qu an ti ty, shal l b e dee m e d to b e a deleterious ingredient unless the contrary is proved.

Implied warranty.

Sale of animal feeding stuff containing deleterious ingredients.

10. The Prime Minister may from time to time appoint one or more inspectors whose duty it shall be to see that the provisions of 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:

Appointment, duties and powers of inspectors.

Cap. 9.

Provi ded that any an im al feed ing stuf f so sei zed shal l be restored to the person from whom it was seized, if no criminal proceedings under the provisions of this Act have been taken in respect of such animal feeding stuff within the period prescribed in subsection (2) of section 17 of this Act or if the said animal feeding stuff, saving always the application of subsection (3) of section 23 of the Criminal Cod e, has not been forfeited as a result of such proceedings.

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 de liver the third porti on to the perso n w ho w oul d be l i ab le to prosecu tio n 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.

Obstructing inspectors.

Method of analysis and relative procedure.

12. No person shall obstruct or hinder an inspector in the discharge of his duties pursuant to this Act or to any regulations made thereunder.

13. (1) The analysis of the sample shall be carried out in the prescribed manner.

(2) The official analyst shall analyse one of the portions sent or delivered to him and shall issue a certificate of analysis to the inspector who took the sample.
(3) The official analyst shall retain the other portion of the s a mple, pac k ed and sea l ed as s e nt o r delivered to hi m by th e inspector in accordance with the provisions of subsection (2) of section 11 of this Act, for a period of three months unless within that period criminal proceedings have been instituted in regard to an animal feeding stuff from which the sample was taken, in which case the official analyst shall retain such other portion until the said proceedings will have been definitely concluded.

Right of purchaser to request taking of sample.

Certificate may be produced as evidence.

14. A purchaser of any animal feeding stuff may within fourteen days from the date of delivery to him of such feeding stuff, 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.

15. Where a sample has been taken and analysed in the prescribed manner such analysis shall be deemed to be an analysis of the who l e q u anti ty of animal feedin g st uff fro m which th e sample was taken and the cert if icate o f an al ysis men tion e d 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.

16. (1) Any person who contravenes any of the provisions of this Act or of any regulations made thereunder shall be guilty of an offence and shall be liable -

(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 twenty-three euro and twenty-nine cents (23.29) and not exceeding one hundred and sixteen euro and forty- seven cents (116.47) and, on a second or subsequent conviction by the said court of any such offence, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) and not exceeding two hundred and thirty-two euro and ninety-four cents (232.94);
(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 eleven euro and sixty-five cents (11.65) and not exceeding forty-six euro and fifty-nine cents (46.59) and, on a second or subsequent conviction of any such offence, to a fine (multa) of not less than forty-six euro and fifty-nine cents (46.59) and not exceeding one hundred and sixteen euro and forty-seven cents (116.47).
(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.

Penalties. Amended by: XIII. 1983.5; VIII. 1990.3;

L.N. 410 of 2007.

17. (1) Where criminal proceedings against the seller, not being also the manufacture r, of an animal f eeding stuf f are instituted under this Act for an of fence against any of the p r ovisio n s of su bsectio n (3) of secti on 5 , of sub s ection (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 expirati on of three m onths from the date on which a

Good faith of seller.

sample has been taken in accordance with subsection (1) of section
11 of this Act.

Power to make regulations.

18. The Minister responsible for agriculture may from time to time make regulations -

(a) for varying any of the Schedules to this Act;
(b) for prescribing anything which under this Act is required or authorised to be prescribed; and
(c) generally for any other purpose connected with the operation of the provisions of this Act.

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 an d d eal wi th an y det a il s 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 a ny offence com mitted 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 b e sentenced t o imprisonm ent for a period not exceeding six months.

SCHEDULES

FIRST SCHEDULE [SECTION 2, 5(2), 7(1)] PART I

Animal feeding stuff Particulars to be stated

Alfalfa (lucerne) meal Amounts of protein and fibre respectively

Bean meal None

Barley meal None

Clover meal Amounts of protein and fibre respectively

Coconut or copra cake or meal Amounts of oil and protein respectively

Compound cakes or meals, that is to say, any cakes or meals (ot h er tha n molass e s feeds an d d r ied mo lass ed beet pulp) consisting of a mixture of one or more of the articles mentioned in this Part of this Schedule with any other such article or with any other substance or substances

Amounts, if any, of oil, protein and fibre respectively

Cotton cakes or meals, not decorticated Amounts of oil and protein respectively

Cotton cakes or meals from decorticated or partly decorticated cotton seed

Amounts of oil, pro t ein and f i b r e respectively

Dari or durra meal None

Dried brewery and distillery grains Amounts of oil and protein respectively

Dried grass

Dried grass (Maintenance quantity) } As defined in the Third Schedule -

Dried green fodder crops

Amount of protein.

Dried plain beet pulp Amount of fibre

Dried molassed beet pulp Amounts of sugar and fibre respectively

Dried yeast Amount of protein

Feeding dried blood Amount of protein

Feeding bone flour Amounts of phosphoric acid and protein respectively

Feeding bone meal; ground bone, or any ot her bo ne p r o d u c t f o r feed in g purposes

Feeding meat and bone me al , or any oth e r p r od uct o f meat ( i nclu din g whale meat) and bone for feeding purposes

Feeding meat meal, or any other product of meat (including whale meat) for feeding purposes

Fish meal, white fish meal, or other or pr oduct ob tain ed by dr yin g and grinding otherwise treating fish o r fish waste

Amounts of phosphoric acid and protein respectively

Amounts of oil, pr otein and ph osph oric acid respectively

Amounts of oil, pr otein and ph osph oric acid respectively

Amounts of oil, protein, phosphoric acid and salt respectively

Ground oats None

Animal feeding stuff Particulars to be stated

Linseed cakes and t h e me al s of s u ch cakes; extracted linseed meal

Amounts of oil and protein respectively

Linseed meal Amount of oil

Locust bean meal None

Maize b y -p rod u cts no t otherwise spec ifi cal ly m e nti o ne d in this Schedule

Amoun ts of oil, p r otein and fibre respectively

Maize, flaked Amoun ts of oil, p r otein and fibre respectively

Maize germ cake or meal Amoun ts of oil, p r otein and fibre respectively

Maize gluten feed Amoun ts of oil, p r otein and fibre respectively

Maize meal None

Malt culms Amounts of protein and fibre respectively

Molasse s fe eds (othe r than drie d molassed bee t pulp) incl uding any feeding stuffs, composed of treacle or molasses with an a b sorbent, containing not less than 10 per cent of sugar

Amounts of sugar and fibre respectively

Oatmeal by-products Amount of fibre

Oil cak e s or meals not o t herwise spec ifi cal ly m e nti o ne d in this Schedule which are the product of any one undecorticated substance or seed from which oil has been removed

Oil cak e s or meals not o t herwise spec ifi cal ly m e nti o ne d in this Schedule which are the product of any on e decorticated or partly decorticated substance or seed from which oil has been removed

Amounts of oil and protein respectively

Amoun ts of oil, p r otein and fibre respectively

Palm kernel cake or meal Amounts of oil and protein respectively

Pea meal or chick-pea meal None

Rape cake or meal Amounts of oil and protein respectively

Rice bran or r i ce meal, or the by- products produced in milling shelled rice

Amoun ts of oil, p r otein and fibre respectively

Soya cake or meal Amounts of oil and protein respectively

Treacle or molasses Amount of sugar

Wheat meal None

Wheat offals or millers’ offals including pollard

Amount of fibre

PART II

Balanced Compound feeding stuff type-name Amounts of oil, protein and fibre respectively within the undernoted

limits.

SECOND SCHEDULE

(SECTION 5(2))

Ingredients in Feeding Stuffs the presence of which must be declared

(a) Husks, chaff, glumes, hulls, nutshells or skins of nuts, shudes, from any source, when used as separate ingre d ients 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.
(b) Wheat straw or barley straw, ground or otherwise. (c) Peat or peat moss, treated or untreated.
(d) Sawdust or any other form of wood, treated or untreated.

THIRD SCHEDULE

(SECTION 8)

Warranty implied in the sale of articles under certain names

Name under which article sold Implied definition

Alfalfa (lucerne) meal Alfalfa (lucerne), as grown, dried and ground, to which no other matter has been added.

Barley meal The meal obtained by grinding barley, as grown, which shall be the whole grain together with only such other substan c es as may reasonably be expected to have become associated with the grain in the field

Bean meal Th e meal obtained by grinding c o m m erci ally pure bea n s of the species (1) Vi cia Faba ( s ynon ym Faba vulgaris) or any of its var i et ies, co mmo nl y kn own as "horse bean" "field bean" or "broad bean"; or (2) Phaseolus vulgaris, the "t rue ha ricot bean " or an y o f i t s varieties, white or coloured

Clover meal Wh ole clover , as gr own , d r ied and ground, to which no other matter has been added

Compound cakes or meals C a k e s o r m e a l s ( o t h e r t h a n m o l a s s e s feeds and dried molassed beet pulp) consisting of a mi xtur e of o n e or more of the artic les m e nt ioned in Part I of the First Schedule with any other substance or substances

Cotton cakes or meals not decorticated The residue resulting from the removal of oil from commercially pure cotton seed, not decorticated

Cot t on cakes or meal s from decort icat ed or partly decorticated cotton seed

The residue resulting from the removal of oil from commercially pure cotton seed from which the cortex,

in whole or in part, has been removed

Dari meal; durra meal Th e meal obtained by grinding comm erci al ly pure da ri or durra seed

Name under which article sold Implied definition

Dried brewery grains Th e articl e pro d u c ed by dr ying the residue of malted and unmalted cereals used in brewing, to which no other matter has been added

Dried distillery grains T h e a r t i c l e p r o d u c e d b y d r y i n g t h e residues from distillery mash-tuns, to which no other matter has been added

Dried grass Any product which

(a) is obtained by artificially drying any of the following: grass, clover, lucerne, sainfoin, green cereals, or an y mix tur e co n si s tin g of an y of them, and

‘ (b) is otherwise as grown (that is to say inclu d ing any growths harvested there w i t h but wit h no other substance added thereto), and contains not less than 13 per cent protein calculated o n the assumption that it contains 10 per cent moisture

Dried grass (maintenance quality) Dried grass as defined in this Schedule except that it may contain less than

13 per cent but not less than 10 per cent prot ein cal culated on the

assu mp tion that it contains 10 per

cent moisture

Dried green fodder crops Any product which

(a) is obtained by artificially drying any green crop or crops suitable for use as dri e d fo dder for cat tle or poultry, and

(b) is otherwise as grown (that is to say , including an y gr owth harvested there w i t h but wit h no other substance added thereto), and contains not less than 10 per cent protein calculated o n the assumption that it contains 10 per cent moisture,

but is not dried grass or dried grass

(maintenance quality)

Dried plain beet pulp Th e articl e pro d u c ed by dr ying the sugar beet residue produced in the manufactu r e of sugar from sugar beet with or without the addition of molasses, to give less than 10 per cent of sugar.

Dried molassed beet pulp Th e articl e pro d u c ed by dr ying the sugar beet residue produced in the manufactu r e of sugar from sugar beet, with the addition of molasses, to give 10 per cent or more of sugar

Name under which article sold Implied definition

Dried yeast An article produced by drying yeast or yeast residues, to which no oth e r matter has been added

Extracted linseed meal The residue resulting from the removal of oil from commercially pure linseed by means of a solvent

Feeding bone flour Th e pr od uct ob tained b y g r in din g commercially pure steamed bone

Feeding bone meal; ground bone C o m m e r c i a l l y p u r e b o n e , r a w o r de grease d, which ha s been ground or crushed

Feeding dried blood Blood which has been dried, to which no other matter has been added

Feeding meat and bone meal The product, containing not less than 40 per cen t o f pr ote i n and n o t mor e than 4 per cent of salt, obtained by

drying and grinding animal

carcasses or portio ns thereof

(excluding hoof and horn) to which no other matter has been added but

which may have been preliminarily treated for the removal of fat

Feeding meat meal The product, containing not less than 55 per cen t o f pr ote i n and n o t mor e than 4 per cent of salt, obtained by

drying and grinding animal carcasses or portio ns thereof (excluding hoof and horn) to which no other matter has been added but which may have been preliminarily

treated for the removal of fat

Fish meal; fish residue meal A product obtain e d b y drying and grinding or otherwise treating fish or waste of fish, to which no other matter has been added

Flaked maize The product obtained by cooking and flaking commercially pure maize or Indian corn, either as grown or from which the germ, in whole or in part, has been removed

Ground oats Th e meal obtained by grinding commercially pure oats, as grown

Linseed cakes or the meals of such cakes The residue resulting from the removal of oil from commercially pure linseed

Linseed meal The m e al o b tain ed by gr ind i ng or crushing commercially pure linseed

Locust bean meal The m e al o b tain ed by gr ind i ng or crushing commercially pure locust beans

Name under which article sold Implied definition

Maize germ cake or meal A m e a l o r c a k e r e s u l t i n g f r o m t h e gr in din g of maize germs or from maize germs from which the oil has been removed in whole or in part

Maize gluten feed A by-product resulting from the remov a l of s t ar ch an d ger m f r o m maize, to which no other matter has been added

Maize meal; Indian meal The meal obtained b y grinding commercially pure maize or Indian corn, as grown

Malt culms The rootlets and shoots arising from the screening of malt, to which no other matter has been added

Molasses feeds Any mixture (other than dried molassed beet pulp) containing not less than

10 per cent of sugar, of an absorbent

material and treacle or molasses

Nut cakes or meals, including coconut, copra, palm kernel and ground nut cakes and meals

The residue resulting from the removal of oil from commerc ially pure nut kernels

Oatfeed The by-product of oatmeal milling consisting of hulls, floury materials, mealy matter, scree dust, all finely g r oun d, an d containing not more than 27 per cent of fibre

Pea meal The meal obtained b y grinding commercially pure peas, as grown, of variet ies of "Pisum sativum" or "Pisum arvense"

Rape cake or meal The residue resulting from the removal of oil from commercially pure rape seed

Rice bran; rice meal Th e by- pro d u c t pro duced in mil ling shelled rice, to which no other matter has been added

Soya cake or meal The residue resulting from the removal of oil from commercially pure soya beans

Sugar beet treacle; sugar beet molasses A concentrated syrup product obtained in th e manufacture of sugar from sugar beet, to which no other matter has been added

Sugar cane treacle; sugar cane molasses A concentrated syrup product obtained in th e manufacture of sugar from sugar cane, to which no other matter has been added

Wheat meal The meal obtained b y grinding commercially pure wheat, as grown

Name under which article sold Implied definition

Wheat offals; miller ’s offals (including pollard) A product of wheat separated in the proc ess of mill ing and c ontaini ng not mor e than 4 per cent of vegetable substa nces, other than wheat, extracted from wheat in the process of cleaning by the maker of

the offals in the production of flour

White fish meal A product (containing not more than 6 per cent of oil and not more than 4 per cent of salt) obtained by drying and grinding or othe rwise trea ti ng white fish or waste of white fish, to which no other matter has been added

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))

Deleterious Ingredients in Feeding Stuffs

(a) Salts soluble in water, if present in a feeding stuff in proportion likely to be injurious to the health of animals.
(b) All poisonous substances except those naturally present in the materials from which the feeding stuff is derived.
(c) Sand, silicious matter or other insoluble mineral matter not naturally associated with ingredients of the feeding stuff which do not fall within the scope of this Schedule, or which, even if naturally so associated, are present in greater proportion than the maximum that may be expected to be due to such natural association - namely 3%.
For the purpose of this paragraph the term "insoluble" shall imply insolubility in hydrochloric acid, as determined by a prescribed method; the term "natural association" shall be construed as applying to average commercial samples of the feeding material with which it may be claimed that a particular mineral ingredient is associated.