PRODUCT SAFETY ACT

CHAPTER 427

PRODUCT SAFETY ACT

To repeal and to replace the Quality Control (Exports, Imports and

Local Goods) Act, Cap. 225.

1st March, 2001

ACT V of 2001 , as amended by Legal Notice 426 of 2007 ; and Acts

XXIX of 2007 , VI of 2011 and XV of 2025.

PART I

P RELIMINARY

The short title of this Act is the Product Safety Act.

In this Act, unless the context otherwise requires -

"advertisement" includes any notice, device, circular, label,

packaging, invoice, document, representation, broadcast or public

announcement, visual or acoustic presentation or both, and "to

advertise" shall be construed accordingly;

"consumer" shall have the meaning assigned to it by article 2 of

the Consumer Affairs Act and shall include any person who

otherwise than in the course of a business, trade or profession, buys

or otherwise purchases or otherwise acquires products;

"court" means the Court of Magistrates sitting as a court of

criminal judicature;

"Director General" means the Director General (Technical

Regulations) as appointed by article 19 of the Malta Competition

and Consumer Affairs Authority Act;

"distributor" includes any person in the supply chain whose

activity does not affect the safety properties of a product and shall

include wholesalers, retailers, commission agents and other

intermediaries;

"foodstuff" means any substance or product, whether processed,

partially processed or unprocessed, intended to be ingested by

humans, with the exception of

(a) medicinal products, that is any substance or

combination of substances presented for treating or

preventing disease in human beings or animals; it also

includes any substance or combination of substances

which may be administered to human beings or

animals with a view to making a medical diagnosis or

to restoring, correcting or modifying physiological

functions in human beings or in animals;

(b) tobacco products, that is products for the purpose of

smoking, sniffing, sucking or chewing, inasmuch as

they are, even partly, made of tobacco;

(c) water intended for human consumption, that is all

water used for that purpose, either in its original state

or after treatment, regardless of origin, whether

supplied for consumption, or whether used in a food

production undertaking for the manufacture,

processing, preservation or marketing of products or

substances intended for human consumption and

affecting the wholesomeness of the foodstuff in its

finished form;

(d) natural mineral waters, that is microbiologically

wholesome water, originating in an underground water

table or deposit and emerging from a spring tapped at

one or more natural or bore exits, and which can be

clearly distinguished from ordinary drinking water by

its nature and by its original state, both characteristics

having been preserved intact because of the

underground nature of such water;

(e) narcotic or psychotropic substances, as the term is

defined in the United Nations Convention against

Illicit Traffic in Narcotic Drugs and Pyschotropic

Substances, adopted on the 19th December, 1988 in

Vienna, to which Malta is a party;

"licence" includes trading licences and any other commercial or

operating licences;

''Malta" has the same meaning as is assigned to it by article 124

of the Constitution;

"Minister" means the Minister responsible for consumer affairs

and includes, to the extent of the authority given, any person or

authority authorised by him to act in that behalf for any purpose of

this Act;

"premises" includes any stall, stand, kiosk, vehicle, aircraft,

seacraft and any other place other than premises used for dwelling

purposes, where a trade or business is carried out or may take

place, and shall also include vending machines, whether or not

situated on business premises;

"producer" means

(a) the manufacturer of the product, when he is

established in Malta, and any other person presenting

himself as the manufacturer by affixing to the product

his name, trade mark or other distinctive mark, or

(b) the person who reconditions the product; or

(c) the

manufacturer’s

representative, when

the

manufacturer is not established in Malta or, if there is

no representative established in Malta, the importer of

the product; or

(d) others in the supply chain, in so far as their activities

may affect the safety aspects of a product placed on

the market;

"product" includes any manufactured article, item or substance

which is intended or offered for use by consumers or is likely to be

used by consumers, supplied whether for consideration or otherwise in

the course of a trade or business and whether new, used or

reconditioned, but excludes

(a)

used products supplied as antiques;

(b)

products which are to be repaired or

reconditioned prior to being used, provided that the supplier

clearly informs the persons to whom he supplies the product to

that effect;

(c)

medicinal products as defined in this Act;

(d)

foodstuffs as defined in this Act;

"proprietor", in relation to a manufacturing undertaking, means

the person or persons by whom the trade or business is carried on,

and includes owners and occupiers of premises where such

undertaking is carried out and holders of licences in respect of any

such undertaking or premises;

"safe product" means any product which, under normal or

reasonably foreseeable conditions of use, including duration, and,

where applicable, putting into service, installation and maintenance

requirements does not present any risk or only the minimum risks,

compatible with the product’s use, which are considered as

acceptable and consistent with a high level of protection for the

safety and health of persons, taking into account in particular the

following factors

(a) the characteristics of the product, including its

composition, packaging, instructions for assembly and

maintenance;

(b) the effect on other products, where it is reasonably

foreseeable that it will be used with other products;

(c) the presentation of the product, the labelling, any

instructions for its use and disposal and any other

indication or information provided by the producer;

(d) the categories of consumers at risk when using the

product, in particular children, the disabled and the

elderly

Provided that the possibility of obtaining higher levels of safety

or the availability of other products presenting a lesser degree of

risk shall not constitute grounds for considering a product to be an

unsafe product;

"sale" includes -

(a) the supply of products sold, hired or supplied or

offered for sale or hire in the course of a trade or

business, and any other activity concerning products

which the Minister may, from time to time, specify by

regulations made under this Act;

(b) the supply of any product which, for marketing or

advertising purposes, is offered as a prize or reward or

is otherwise given in connection with any public

entertainment, whether such entertainment is provided

against payment or gratuitously; and

(c) the supply of products in the course of the provision of

a service to a consumer by a third party;

"standard" shall have the same meaning as assigned to it in the

Malta Competition and Consumer Affairs Authority Act;

" Te c h n i c a l R e g u l a t i o n s D i v i s i o n " m e a n s t h e Te c h n i c a l

Regulations Division, as established by article 19 of the Malta

Competition and Consumer Affairs Authority;

''unsafe product'' means any product that does not conform to the

definition of "safe product".

PART II

G ENERAL P RODUCT S AFETY

(1)

A consumer has the right -

(a) to have consumer products placed on the market which

are safe;

(b) to receive adequate information regarding the safety

aspects and the proper use of such products; and

(c) to be adequately informed with regard to products

which give rise to risks to the health and safety of

consumers and which are sold or offered for sale to

him.

(2) The provisions of subarticle (1) shall not be directly

enforceable in any court or tribunal, but shall be adhered to in the

interpretation and implementation of this Act and any regulations

made thereunder.

(1) Producers shall be obliged to only place safe products

on the market.

(2) The provisions of this Act shall apply equally to products

manufactured in or imported into Malta.

(3) Any person who contravenes the provisions of this article

shall be guilty of an offence under this Act.

(1) The provisions of this Act in respect of general product

safety shall apply in so far as there are no specific provisions

g o v e r n i n g t h e s a f e t y o f a p a r ti c u l a r p r o d u c t , i n p a r t i c u l a r

regulations made under this Act or under any other law.

(2) Where specific rules contain provisions imposing safety

requirements on a particular product, the requirements of this Act

in respect of general product safety shall not apply to such a

product.

(3) Where specific requirements are made under any law

governing only certain aspects of product safety or categories of

risk for a particular product, those requirements shall apply to such

a product with regard to the relevant safety aspects or risks to the

exclusion of the provisions of this Act relating to general product

safety, and the requirements of this Act in respect of general

product safety with regard to other safety aspects or risks shall

continue to apply.

(4) Subject to the provisions of subarticles (1) to (3), the

provisions of this Act in respect of general product safety shall

prevail over anything to the contrary in any other law.

(1) Without prejudice to any other obligation under this

Act, producers and importers shall -

(a) provide consumers with the relevant information to

enable them to assess the risks inherent in a product

throughout the normal or reasonably foreseeable

period of its use, where such risks are not immediately

obvious without adequate warnings;

(b) take those precautions necessary to prevent or

minimise such risks;

(c) adopt measures commensurate with the characteristics

of the products which they supply, to enable

consumers to be informed of risks which these

products might present and to take appropriate action

including, if necessary, withdrawing the product in

question from the market to avoid these risks.

(2) The measures indicated in subarticle (1) may include,

whenever appropriate, marking of the products or product batches

in such a way that they can be identified, sample testing of

marketed products, investigating complaints, and keeping

distributors informed of such monitoring.

(3) Any person who contravenes any of the provisions of this

article shall be guilty of an offence under this Act.

(1) Distributors shall be required to act with due care to

ensure compliance with the general safety requirement established

by virtue of this Act, in particular by not supplying products which

t h e y k n o w o r s h o u l d r e a so n a b l y k n o w, o n t h e b a s i s o f t h e

information in their possession as practitioners in the relevant

trade, business or occupation, do not comply with such

requirement.

(2) Any distributor who supplies products which he knows or

should, as practitioner in the relevant trade, business or occupation,

know to be unsafe, or who otherwise contravenes the provisions of

subarticle (1) shall be guilty of an offence against this Act.

Distributors are under a duty to assist in monitoring the

safety of products placed on the market, by passing on information

on product risks to their suppliers and to consumers, and to co-

operate in action taken to avoid these risks.

(1) In the absence of specific rules, the conformity of a

product to the general safety requirement shall be assessed having

regard to -

(a) any relevant voluntary National Standards giving

effect to a European Standard; or

(b) to any relevant European technical specifications, if

any; or

(c) failing the above, to any other relevant National

Standards as well as to codes of good practice in

respect of health and safety, the state of the art and

technology in the sector concerned, and to the

standards of safety which consumers are reasonably

entitled to expect.

(2) In this article, the terms "National Standard", "European

Standard" and "technical specifications" shall have the meaning

attributed to them in the Malta Competition and Consumer Affairs

Authority Act.

(1) Notwithstanding that a product conforms with the

provisions mentioned in article 9(1)(a), (b) or (c), the Director

General may take such appropriate measures imposing restrictions

on its being placed on the market or requiring its withdrawal from

the market where he has reason to believe that, despite its

conformity, the product would still be dangerous to the health and

safety of consumers.

(2) The Director General shall, whenever feasible, give the

parties concerned an opportunity to submit their views before

adopting the measures under subarticle (1)

Provided that where, because of the urgency of the

measures to be taken, the Director General has taken measures

before giving such an opportunity, he shall do so as soon as

practicable, after the measure has been taken by the Director

General.

(3) The Director General shall, whenever he considers it

possible and reasonable to do so, first seek to achieve voluntary

compliance by the producers or distributors involved.

(1) Where the Director General takes measures pursuant

to article 10, he shall as soon as possible, notify the parties

concerned with the reasons for such measures.

(2) The provisions of articles 97, 98 and 99 of the Consumer

Affairs Act shall apply mutatis mutandis to measures taken by the

Director General.

Any person who -

(a) sells, hires, exposes or offers for sale or hire or has in

his possession for the purposes of such sale, hire,

exposure or offer, any product which does not comply

with the provisions of this Act or of any regulation

made under this Act; or

(b) deposits with, or otherwise supplies to, any other

person any such product, under whatever title, whether

for consideration or not, for the purpose of such sale,

hire, offer or exposure,

shall be guilty of an offence under this Act.

Where any product which fails to comply with the

requirements of this Act or any regulation made thereunder, is part

of a batch, lot or consignment of products of the same class, type or

description, it shall be presumed, unless the contrary is proved, that

all the products in that batch, lot or consignment fail to comply

with those requirements.

It shall be an offence under this Act for a producer to fail to

give any information as may be required by the Director General in

the exercise of his functions under this Act.

PART III

P RODUCT C ONTROL AND E NFORCEMENT

The Director General shall be responsible for the

administration of this Part of this Act, and shall in the exercise of

his functions and duties under this Act, be empowered

(a) to prohibit, by order in writing, the placing on the

market of any product which is unsafe or which does

not comply with the provisions of this Act or any

regulations made thereunder;

(b) to prohibit, by order in writing, for such time as may

be necessary for tests to be carried out, any person

from supplying, offering or otherwise exposing any

product or product batches whenever it appears in his

discretion that there exist reasonable grounds to

believe a product to be unsafe;

(c) to require, by order in writing, the immediate

withdrawal of unsafe products from the market and,

whenever he deems it necessary, to order the

destruction of such products under such conditions as

he may deem appropriate;

(d) to take such measures as he may consider to be

necessary to suppress or prevent practices which are

detrimental to product safety;

(e) to impose, by order in writing, conditions on product

marketing, advertising, labelling and marking as may

be necessary in the interest of public safety;

(f)

to publish copies of orders issued by him under any of

the provisions of this Act;

(g) to carry out or to cause to be carried out, on an

adequate scale up to the final stage, of use all product

control activities, including inspections, analyses,

examinations or other investigations concerning the

safety properties of products, even after such products

have been placed on the market as safe; and

(h) to exercise any other functions as may be assigned to

him by or under this Act or any other law.

(1) Unless otherwise specified, enforcement of the

provisions of this Act or any regulations made thereunder, shall

vest in the Director General, provided that the Director General

may delegate in writing any of the powers vested in him by virtue

of this Act to any public officer, or, with the consent of the

Minister, to any other person being a person employed by a body

corporate established by law or a person falling within such

category as may be prescribed under article 39.

(2) Any officer or other person, authorised as aforesaid, shall,

when required, produce the written authorization signed by the

Director General.

(3) Any reference in this Act other than in article 22 to an

authorised officer or to an authorised public officer shall be deemed

to include a reference to a person authorised in accordance with

subarticle (1).

(1) Any Magistrate may by warrant, upon an application

confirmed on oath by the Director General or by any public officer

duly authorised in writing by the Director General for any of the

purposes of this Act, and who has reasonable grounds to believe

that unsafe products are kept or otherwise to be found on any

premises other than premises exclusively used for dwelling

purposes, authorise such officers to -

(a) enter and search any such premises and carry out

therein any inspection as may be necessary;

(b) seize any unsafe products found therein

Provided that where the Director General has reasonable

cause to suspect that such unsafe products are likely to be removed,

destroyed or the evidence of the commission of any offence under

this Act may be otherwise suppressed, he may himself in writing

authorise any public officer to exercise, in relation to such

premises, any of the powers mentioned in this subarticle, and the

authority so given by the Director General shall have the same

effect as a warrant issued by a Magistrate.

(2) No entry and search shall be effected outside the normal

business hours of the establishment concerned, unless the Director

General has cause to believe that delay could cause the loss or

suppression of any evidence or may otherwise prejudice the

outcome of the search.

(3) In the course of any entry and search under this Part of this

Act, the Director General may request the assistance of the Police.

Any public officer, authorised as aforesaid, may, for any of

the purposes of this Act, inspect any product which -

(a) has been sold or is offered for sale or consumption or

use by consumers; or

(b) is in the possession of, or under the control of, any

producer or distributor, or which has been deposited

with or otherwise delivered to any person for the

purpose of sale or of preparation for sale,

wherever the product is to be found.

An authorised officer, who enters any premises by virtue of

any of the provisions of this Part of this Act, may be accompanied

by such other persons and take with him such equipment as he

considers necessary.

It shall be lawful for an authorised officer, where necessary

for the proper performance of his functions under articles 17 to 19,

to -

(a) purchase a sample of any product or any material

capable of being used in the preparation, manufacture

or assembly of such product;

(b) break open any door and remove any impediment or

obstruction to such entry, search or seizure;

(c) require any person carrying on a trade or business or

employed in connection with a trade or business to

produce any books or documents, including those

stored in a computer or in any other information

network, relating to the trade or business, and to take

copies thereof;

(d) seize and detain, without paying any consideration,

any goods or a sample thereof, or any other material,

which appears to him to be intended for sale, or to

have been sold, or is found by him on or in the

premises, for the purpose of ascertaining whether an

offence under this Act has been committed;

(e) seize and detain any goods, or any sample, component

or material, or documents for the purpose of gathering

evidence concerning the possible commission of an

offence under this Act or which may be required as

evidence in proceedings under any of the provisions of

this Act or of regulations made under it; and

(f)

where necessary, in order to ensure compliance with

the provisions of this Act, require any person having

authority to do so, to open any container or vending

machine, and if that person does not comply with the

requirement, the authorised officer may proceed to do

so himself, if necessary by breaking open such

container or machine.

(1) Where an authorised officer seizes any goods,

documents or other records in the exercise of his powers under

article 17, he shall inform the person from whom they are seized

and give due receipt.

(2) In the case of goods seized from a vending machine, the

authorised officer shall inform the person whose name and address

are stated on the machine as being that of the proprietor or, if no

name and address are so stated, the occupier, if any, of the premises

on which the machine stands or to which it is affixed.

Nothing contained in the Professional Secrecy Act shall be

construed as precluding or otherwise restricting the Director

General, or any public officer duly authorised by the Director

G e n e r a l i n t e r m s of a r t i c l e 1 7 , f r o m c o m m u n i c a t i n g t o t h e

consumer, whose complaint regarding such matter has been

investigated, information concerning findings related to such

matter directly resulting from such investigation.

Whosoever shall wilfully obstruct, resist, threaten or

otherwise give misleading or false information to the Director

General or to an authorised officer in the exercise of any of the

functions mentioned in article 15, or wilfully fails to assist or

comply with any requirement lawfully made by such officer, shall

be guilty of an offence under this Act.

Where an authorised officer has reasonable cause to

believe that a product is unsafe or otherwise likely to cause injury,

he may give the person responsible a written notice ordering him

that until such time as the said notice is withdrawn, the product

shall not be used, sold, offered for sale or traded or shall not be

removed except to such place as the notice may specify. Any

person who knowingly breaches or assists in breaching such written

notice shall be guilty of an offence under this Act

Provided that the Director General shall, as soon as

practicable, but not later than two months from the service of such

notice, on the person responsible, determine the safety or otherwise

of the product and shall -

(a) if it is established that the product is safe, withdraw

the notice; or

(b) if the product is established to be unsafe, prohibit its

further use or sale, order its seizure and confiscation,

as well as retention of the product in such premises as

the Director General may specify at the expense of the

producer.

In proceedings for an offence under this Act, the Court

may, if it deems a product to be unsafe, order that such product be

destroyed or otherwise disposed of at the expense of the producer.

(1) Where the Director General has reasonable grounds to

believe that the operator of a trade or business has failed to comply

with any provision of this Act or of any regulation made under it,

he may, by a written notice (to be known as a "notice") served on

that proprietor -

(a) specify the provision or regulation which the

proprietor has failed to comply with and specify the

matters which constitute the proprietor’s failure to

comply;

(b) specify remedial measures which are required to be

taken; and

(c) require that the proprietor implement such measures or

equivalent measures, within such a period of time as

may be specified in the notice.

(2)

Any person who fails to comply with a notice shall be

guilty of an offence under this Act.

Without prejudice to any other functions assigned to it by

any other law, the Technical Regulations Division, shall also have

the following functions

(a) to establish and periodically update sectoral

surveillance programmes in respect of all categories of

products and risks;

(b) to follow up and update scientific knowledge

concerning the safety of products, as well as periodical

reports on surveillance activities, findings and results

achieved;

(c) to periodically review and assess the functioning of

the control activities and their effectiveness, and, if

necessary, revise the surveillance approach and

organisation put in place.

(1) The Director General may issue a public statement,

which identifies -

(a) products which are or may be unsafe;

(b) the producers and distributors of such products;

(c) those producers, distributors or other persons, whose

practices or activities in relation to particular products

may adversely affect the interests of consumers in

terms of this Act; or

(d) any other matter that may adversely affect the safety of

consumers.

(2) The provisions of subarticle (1) in relation to product

safety shall prevail over the provisions of article 8(1) of the

Consumer Affairs Act.

(3) The provisions of article 8(2) and (3) of the Consumer

Affairs Act shall apply to public statements made or issued under

this article.

(1) The Director General may, instead of initiating

proceedings in respect of the violation of any of the provisions of

this Act, require any person who has violated any of the provisions

of this Act or any regulations made thereunder, to undertake in

writing to refrain from such conduct and to take any remedial or

other action as the Director General may specify and the provisions

of article 12 of the Consumer Affairs Act shall apply mutatis

mutandis to undertakings made under this Act.

(2) Any person who acts in contravention of an undertaking

made in accordance with subarticle (1) shall be guilty of an offence

under this Act.

PART IV

P ROCEEDINGS

Proceedings in relation to any offence under this Act may

only be instituted at the instance of the Director General, who may

conduct the prosecution before the Court.

Criminal actions for offences under this Act shall be

prescribed by the lapse of two years.

(1) A person found guilty of an offence under article 23

shall, on conviction, be liable to a fine (multa) of not less than four

hundred and sixty-five euro and eighty-seven cents (465.87) and

not exceeding two thousand and three hundred and twenty-nine

euro and thirty-seven cents (2,329.37), or to imprisonment for a

term not exceeding six months or to both such fine and

imprisonment.

(2) A person found guilty of any other offence under this Act

shall be liable, on conviction, to a fine (multa) of not less than one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) but not exceeding eleven thousand and six hundred and

f o r t y - s i x e u r o a n d e i g h t y - s e v e n c e n t s ( 11 , 6 4 6 . 8 7 ) o r t o

imprisonment for a term not exceeding three years or to both such

fine and imprisonment.

(3) A person found guilty of a second or subsequent offence

shall, on conviction, be liable to a fine (multa) of not less than one

thousand and seven hundred and forty-seven euro and three cents

(1,747.03) but not exceeding twenty-three thousand and two

hundred and ninety-three euro and seventy-three cents (23,293.73)

or to imprisonment not exceeding four years or to both such fine

and imprisonment.

(4) The Court may, upon conviction for any offence committed

under this Act, with the exception of offences committed under

article 23, if it feels that circumstances so warrant, additionally

order the suspension or cancellation of any licence or licences

issued in favour of the person charged or in respect of the premises

involved in the proceedings.

(5) Without prejudice to the generality of the foregoing, any

person convicted in relation to an offence under articles 26 or 29

shall additionally be liable to the additional fine (multa) of not

more than four hundred and sixty-five euro and eighty-seven cents

(465.87) for each day that a notice or undertaking has not been

complied with.

Where a person has been convicted of an offence under this

Act, the Court shall order that person to reimburse to the Director

General, within such period as it shall stipulate, any costs incurred

in connection with the proceedings instituted against him. Such

costs shall include expenses incurred in the seizure, lifting,

det en tion, testin g, an alysis, i nsp ect ion an d exami nation of

products, or samples thereof, involved in the said proceedings.

The Attorney General shall have the right to appeal from

any judgement given in proceedings instituted under this Act or in

connection with regulations made thereunder.

PART V

M ISCELLANEOUS

Nothing in this Act shall be construed as adversely

affecting the rights of consumers arising from the provisions

regulating liability for defective products under Part VII of the

Consumer Affairs Act.

The Minister may make regulations -

(a) establishing or authorising charges that may be

imposed by the Director General in the exercise of any

of the functions assigned to him under this Act or

regulations made under it; and

(b) prescribing the form of any document to be used for

any of the purposes of this Act.

(1) Any document which is required or authorised by or

under this Act to be given or served on any person, may be given or

served either -

(a) by delivering it to that person or by leaving it or

sending it addressed to him at his usual or last known

residence; or

(b) in the case of a company or other body or association

of persons, by delivering it to the registered or

principal office.

(2) Where the document is to be given or served on the owner

or the occupier of any premises and it is not practicable, after

reasonable enquiry, to ascertain the name and address of the person

to or on whom it should be given or served or the premises are

unoccupied, the document may be given or served by addressing it

to the person concerned by addressing it to "the owner" or "the

occupier" of the premises and, if there is no person on the premises

to whom it can be delivered, by affixing it, or a copy of it, to some

conspicuous part of the premises.

The Minister may, on the advice of the Director General

(Technical Regulations), make regulations -

(a) prescribing levels of minimum permissible quality in

relation to any class, category or type of product,

including the packaging thereof;

(b) prescribing mandatory requirements with respect to

the design, methods of manufacture, construction,

safety, finishing, testing, quality control, labelling,

classification,

packaging,

grading,

storage,

transportation and environmental impact of any class,

category or type of goods, materials, substances, plant,

installations or structures;

(c) adopting and implementing any commitments and

obligations relating to products arising out of or under

any treaty, convention or other international

agreement, whether bilateral, regional or multilateral,

to which Malta is a party;

PRODUCT SAFETY

(d) concerning the matters to be taken into account in

determining whether, and at what times, samples

should be procured;

(e) regarding the manner of procuring samples, including

the steps to be taken to ensure that the samples

procured are fair and adequate samples;

(f)

regarding the method of dealing with samples,

including, where appropriate, their division into parts;

(g) regarding the persons to whom the samples or parts of

the samples are to be delivered and the persons by

whom they are to be retained;

(h) regarding the notices which are to be given to, and the

information which is to be furnished by, the persons

responsible for any product;

(i)

regarding the methods which are to be used in

analysing or examining samples, or in classifying and

evaluating the results of analyses or examinations;

(j)

regarding the circumstances in which an analyst or

examiner is to be precluded, by reason of conflict of

interest, from analysing or examining a particular

sample;

(k) establishing the processes whereby particular products

may be said to have undergone a reconditioning

process for any of the purposes of this Act; and

(l)

designating any manufactured article, item or

substance as a "product" for all or any purposes of this

Act.

The Minister may make regulations for -

(a) the establishment of systems and procedures for the

exchange of information with other countries and

international organisations on product safety issues;

(b) the setting up of procedures to allow the rapid

exchange of information in respect of the safety of a

product;

(c) forms and methods of notification, co-operation and

collaboration in respect of product safety issues with

other countries and international organisations,

whether on a multilateral or regional basis or

otherwise;

(d) the establishment of systems and procedures for the

exchange of information and administrative co-

ordination and collaboration with regard to product

safety between government departments, public

authorities and other entities under the general control

of Government;

(e) prescribing the categories of persons that may be

authorised in accordance with article 16.

(1) Regulations made under any provision of this Act may

be made in the English language only.

(2) In the event of conflict or incompatibility between the

Maltese and English texts of any regulations made under this Act,

the English language version shall prevail.

Any orders made under the Quality Control (Exports,

Imports and Local Goods) Act are to remain in force as if made

under this Act until such time as they are repealed or replaced by

regulations made under this Act.