WINE ACT (preamble—wineact)

CHAPTER 436

WINE ACT

To provide for the control of the production, importation, marketing and

advertising of wine and wine related products.

21st June, 2002

ACT XXII of 2001 , as amended by Legal Notice 426 of 2007 ; Act V

of 2007 ; and Legal Notice 346 of 2008 and Acts XXI of 2020 and XV of

2025.

The short title of this Act is the Wine Act.

In this Act, and in any regulations made thereunder, unless

the context otherwise requires -

"analyst" means any duly qualified person or persons or any duly

qualified institution on whom the Minister may, by regulation, on

the advice of the Board, from time to time, allocate the

responsibilities of analyses or examination of wines and wine

related products and "analysis" shall be construed accordingly;

"artificial wine" means a beverage which fails to conform with

the provisions of this Act and with any regulation or order made

thereunder in one or more aspects;

"Authority" means the Food Safety and Security Authority as

established in article 4 of the Food Safety and Security Authority Act

and shall include, to the extent of the authority given by the

aforementioned Authority, any of its officers authorised in writing to

act on its behalf for the purposes of this Act;

"Board" means the Wine Regulation Board established under

article 16;

"importation" includes withdrawal from bond and "imported"

shall be construed accordingly;

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

of the Constitution of Malta;

"Minister" means the Minister responsible for food and shall

include, to the extent of the authority given, any officer authorised in

writing to act on his behalf for the purposes of this Act;

"oenological practices and processes" means those practices and

processes used in the production of wine and wine related products

specified under this Act;

"person" includes any partnership, association of persons, or

legal entity;

"planting rights" means the right given to a grower to plant vines

for the p urpo se o f es ta bli shi ng n ew viney ar ds , f or va rietal

reconversion and for the renewal of vines, in specific areas over a

determined period of time;

''producers’ organisation'' means an organisation which is

recognised as such, being a voluntary legally constituted body of

producers of particular wine and wine products or persons engaged

in the viticultural and, or in oenological industries, acting together

to produce, harvest, process, store, package and market their

products;

"public weigher" means a person licensed under the Metrology

Act;

''quality wines'' includes wines produced in specified regions;

"registration" includes a trading licence or any registration

required by the Board or by the Authority and any other licence as

may be required by regulations made under this Act;

"sale" means the disposal of possessions or of ownership under

any title whatsoever, and "to sell" shall be construed accordingly;

''specified region'' means a vine-growing area or a combination

of vine-growing areas which produces wine grapes with particular

quality characteristics and whose name is used to designate quality

wine;

"vintner" means any person who produces wine and must to be

sold, and includes, where applicable, with reference to the

marketing of wine and must, any merchant other than a retailer;

"wine" and "wine related products" are the products obtained

exclusively from the total or partial alcoholic fermentation of fresh

grapes, whether or not crushed, or of grape must, officially

certified to be produced exclusively from authorised or

recommended grape varieties;

"winery" means any premises in which wine is prepared,

processed and stored before it is sold or offered for sale.

(1) No person shall prepare, make or bottle locally

produced or imported wine and wine related products for sale,

without a valid licence issued by the Authority against payment of

the fee as may be prescribed by regulations made under this article

by the Minister on the advice of the Board.

(2) Any licence issued under subarticle (1) shall be valid up to

the 31 st December of the year of its issue and shall be renewed

from year to year unless such licence is cancelled or revoked under

the provisions of this Act.

(3) Any application for the issue of a licence under subarticle

(1) shall be made to the Authority on the prescribed form

obtainable from the Authority and shall contain all such

information as the Authority may require.

(4) The Authority may, before granting or refusing any licence or

any renewal thereof, consult the Board.

(5) Any licence issued under subarticle (1) shall refer to one

particular winery only.

(6) Any person who engages in the operation of an unlicensed

winery shall be guilty of an offence.

(7) Any licensed person who fails to comply with the

provisions of this Act shall be guilty of an offence.

Where the issue or renewal of a licence has been refused,

the Authority shall inform the applicant forthwith of such refusal and

the applicant may appeal therefrom to the Administrative Review

Tribunal established in terms of article 5 of the Administrative

Justice Act and the provision of this Act shall apply to such an

appeal.

The Appeals Board shall respect and apply the principles

of good administrative behaviour laid down in article 3 of the

Administrative Justice Act.

(1) A Register of Vineyards shall be kept by the Authority

and shall be periodically up-dated to provide accurate information

on areas under vine production and to estimate the wine potential.

(2) The Authority shall establish a graphic reference base

covering the entire area under vine production in the form of a map

indicating the exact location and area of vineyards, and this graphic

base shall be kept regularly up-dated to show the trends in areas

under vine production.

(3) No person shall produce grapes for wine production or use

any land for the growing of grapes for wine production unless the

person is registered as a grower and the land under vine is

registered with the Authority.

(4) The Minister may, acting on the advice of the Board, make

rules for the registration of vine varieties providing for the

classification of such vine varieties into recommended varieties,

authorised varieties and temporarily authorised varieties.

(5) Only grapes belonging to varieties listed in the

classification established in accordance with subarticle (4) as

recommended or authorised varieties, or production derived

therefrom, may be used for the manufacture of -

(a) grape must with fermentation arrested by the addition

of alcohol;

(b) concentrated grape must;

(c) rectified concentrated grape must;

(d) tablewine;

(e) quality wine (produced in specified regions);

(f)

liqueur wine;

(g) sparkling wine

Provided that the Authority may, on the advice of the Board,

authorise that grapes from varieties classified as temporarily

authorised shall also be regarded as suitable for yielding the

products listed in this subarticle.

(6) Fresh grapes, grape must, grape must in fermentation, new

wines still in fermentation and wine from vine varieties not

included in the classification may not be placed in circulation or

used in the production of wine and wine-related products.

The Minister may, by regulation and with the advice of the

Board, determine the types of wines and wine related products that

may be produced, imported or sold as well as the constituents

thereof and the minimum alcoholic strength of each type.

No beverage shall be imported or sold in Malta as wine or

under the designation of wine unless it conforms with the

provisions of this Act and with any regulations made thereunder.

No person may produce, import, sell or offer for sale as

wine any artificial wine.

The Minister may, with the advice of the Board, make

rules -

(a) governing oenological practices and processes that

may be used for production and preservation of wines

and wine related products;

(b) governing the blending and mixing of musts and

wines;

(c) establishing purity and identification specifications for

substances to be used in oenological practices and

processes;

(d) setting up the practices and processes which are to be

carried out only under the responsibility of a person

recognised by the Authority with sufficient

oenological knowledge to ensure the quality and

wholesomeness of the wine or wine product;

(e) establishing the conditions under which unauthorised

practices and processes may be applied for

experimental purposes;

(f)

establishing practices and processes concerning the

enrichment,

acidification,

deacidification

and

sweetening, and concerning the sulphur dioxide

content and the maximum volatile acid content in

wines.

(1) Owners of locally harvested grapes for pressing shall

cause the grapes to be weighed by a public weigher on harvesting.

(2) Public weighers shall, immediately after having weighed

any grapes in accordance with the provisions of subarticle (1),

furnish the party or parties concerned with a note on the

appropriate prescribed form obtainable from the Authority.

(3) A copy of every note of weight furnished as provided in

subarticle (2) shall be forwarded by the public weigher concerned

to the Authority within thirty days from the date of weighing.

(4) Records submitted by a public weigher must include

information on variety and origin.

(1) Producers of grapes for wine-making registered with

the Authority shall, each year before the 31 st October, on the

appropriate prescribed form obtainable from the Authority, declare

the quantities of the different varieties of grapes produced from the

last harvest

Provided that the Authority may, on the advice of the Board,

establish a different date for harvest declaration provided it is not

later than the 31 st December of the year in question.

(2) The Authority may at any time, require by notice any vintner

to furnish it within such time prescribed in the notice, with a

statement showing the number of hectolitres of wine and of muted

grape must held by him on the particular day or on particular days

as may be specified in the notice.

(1) The Minister may, acting on the advice of the Board,

make regulations laying down specific provisions for quality wine

produced in specified regions and for products suitable for yielding

a quality wine.

(2) Each specified region shall be precisely demarcated, as far

as possible, on the basis of the individual vineyard or vineyard plot;

such demarcation shall take into account the factors which

contribute towards the quality of the wines produced in those

regions, such as the nature of the soil and sub-soil, the climate and

the situation of the individual vineyard or vineyard plot.

(3) The Minister, acting on the advice of the

Board, shall

authorise the Authority to

(a) draw up a list of authorised or recommended vine

varieties of the species Vitis vinifera suitable for

producing each of the quality wines produced in

specified regions; and

(b) stipulate the provisions regarding local vine-growing

methods which are required to ensure the best possible

quality for local quality wine.

(1) Quality wine may be produced only -

(a) from grapes of vine varieties which appear on the

approved or recommended lists and which are

harvested within the specified region; or

(b) by processing grapes referred to in paragraph (a) into

grape must and processing the must thus obtained into

wine, as well as by the production of such wine within

the specified region where the grapes used were

harvested.

(2) Notwithstanding the provisions of subarticle (1)(b), a

quality wine may be produced in an area in close proximity to the

s p e c if i e d r e gi o n c o n c e r n e d, w h e r e th i s h a s b e e n ex p r e s s ly

authorised by the Board, subject to conditions which the Board may

deem fit to impose.

(3) The Board may authorise a vintner to produce quality wine

by processing grapes into must and must into wine, as well as by

producing such wine, even outside an area in immediate proximity

to the specified region where grapes used were harvested.

The Minister may, acting on the advice of the Board, make

regulations -

(a) governing the labelling, marking, presenting and

advertising of wine and wine related products and the

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descriptions which may be applied to wine and wine

related products produced locally or imported; and

(b) specifying the information required in documents

accompanying the transport of wine and wine related

products.

(1) All wine imported in bulk shall be entered in a

Customs or other bonded warehouse and shall, prior to its release,

be bottled under Customs supervision and control.

(2) Every person who withdraws from Customs or other

bonded warehouse any imported wine bottled in Malta, shall keep a

register showing -

(a) the number of bottles, with their capacity, withdrawn

and the date of withdrawal;

(b) the type and the alcoholic strength of the wine

withdrawn.

(1) There shall be a Board to be known as the Wine

Regulation Board, which shall consist of a Chairman, a Deputy

Chairman and seven other members, who shall be appointed by the

Minister to sit on the Board for a period of three years, as follows

(a) the Chief Executive Officer of the Authority ex officio,

as Chairman;

(b) two senior technical or scientific officers of the

Authority, one of whom shall be appointed Deputy

Chairman;

(c) four members from among commercial vintners and,

or from producers organisations; and

(d) two members from among registered vine growers.

(2) The Minister shall designate an officer of the Authority to

act as Secretary to the Board.

(3)

The Board shall have the power to -

(a) act notwithstanding any vacancy in its composition;

(b) set up specialised sub-committees for the purpose of

dealing with matters requiring specialised knowledge

or experience.

(4) A person shall not be eligible to be appointed a member of

the Board, or to continue to be a member of the Board, if such

person -

(a) is a member of the House of Representatives; or

(b) is legally incapacitated; or

(c) has been declared bankrupt or has made a composition

with his creditors; or

(d) has been convicted of -

(i) any crime affecting public trust; or

(ii) theft; or

(iii) fraud; or

(iv)

knowingly receiving property obtained by theft

or fraud; or

(v)

any offence against this Act or any regulations

made thereunder.

(5) Notwithstanding any of the provisions of subarticle (4), the

Minister may terminate the appointment of an appointed member, if

in his opinion, such member is unfit to continue in office or is or

has become incapable of properly performing his functions.

The functions of the Board shall be

(a) to advise the Minister in the making of policies

regulating the viticultural and oenological sector, and

on any regulations made under this Act;

(b) to initiate, develop and keep under review regulations

made or to be made under this Act;

(c) to monitor and keep under review the proper

implementation, functioning or attainment, to the

highest standards achievable, of the purposes of this

Act and of Government policy for the wine sector;

(d) to participate in ensuring the highest standard possible

for Malta in the wine sector and to co-operate and co-

ordinate as necessary with Government departments

and other bodies in the achievement of these aims;

(e) to provide the Minister with technical, scientific, legal

and other advice in the field of wine and wine related

products, as the Minister may from time to time

request;

(f)

to initiate and participate in research, surveys,

programmes, and other activities as may be deemed

necessary for the attainment of the optimum level of

wine and wine related products and control and to

prepare and maintain the necessary resources and data

bases for carrying out this task; and

(g) to perform any other functions or duties and to

exercise such further powers or responsibilities as are

assigned to it in this Act or any other law and as the

Minister may from time to time determine.

(1) Subject to any rules which the Minister may prescribe,

the Board shall regulate its own procedure.

(2) Without prejudice to any rules prescribed under subarticle

(1) the Board shall meet at least six times a year.

(3) The Board shall report to the Minister and shall prepare

and present to the Minister an annual report.

(4) All expenses in respect of the Board shall be met by the

Authority.

(1) The Minister may, on the advice of the Board,

designate public officers to be authorised officers for the control of

wine and wine related products.

(2)

No person, who is engaged directly or indirectly in any

business related to wine or wine related products, shall act as an

authorised officer; and no public officer shall be engaged directly

or indirectly in any business related to wine or wine related

products.

(3) An authorised officer shall have the power, at any

reasonable time, to enter and inspect any premises in or at which he

has reason to believe that any wine is being produced, bottled,

stored, sold or offered for sale, to examine and search such

premises, to inspect any such wine and to take samples thereof

Provided that an authorised officer shall not enter into any

dwelling unless authorised by a Magistrate.

(4) An authorised officer shall have the right of access to, and

inspection of, any registers, records and notes kept in accordance

with the provisions of this Act or of regulations made thereunder.

(5) Any authorised officer exercising any power conferred by

subarticle (3) may -

(a) seize and obtain any records which he has reason to

believe may be required as evidence in proceedings

under any of the provisions of this Act or of

regulations made thereunder; and

(b) in the case where the records are kept by means of a

computer, require the records to be printed.

(6) Any authorised officer who discloses to any person any

information obtained by him in the course of his duties with regards

to any trade secret, shall, without prejudice to any other liability

under any other law, unless the disclosure is made necessarily in

the performance of his duty, be guilty of an offence.

(7)

Any person who -

(a) intentionally obstructs or causes the obstruction of any

person acting in the proper exercise of his functions

under this Act; or

(b) without reasonable cause, fails to give to any person

acting in the exercise of his functions under this Act,

any assistance or information which he may be

required to give under this or any other law, or gives

false or misleading information,

shall be guilty of an offence.

(1) Whenever any sample of wine or of a wine related

product is taken for analysis, such sample shall be taken free of

charge, against the issue of an official receipt.

(2) From time to time, the Minister shall, should it be deemed

necessary, determine the procedure to be followed for the taking of

samples.

(3) Samples taken in accordance with subarticle (2) shall be

subject to analysis by one or more of the official methods of

analysis as established by the Minister for the purpose, on the

advice of the Board.

(1) The Authority may, on the advice of the Board, by order

published in the Gazette, establish in respect of each variety and for

each year the date or dates on which the harvesting of locally

grown grapes intended for the production of wine may commence

Provided that, in special cases, the Authority may at its

discretion, authorise in writing any particular grower to start

harvesting on a different date.

(2) The Authority may take such steps as it may deem necessary

for the supervision of the purchase of grapes by vintners and, or

ensuring compliance with any order made by it.

The Minister may make regulations for the establishment

of planting rights for the purpose of establishing new vineyards, for

varietal reconversion and for the renewal of vines aimed at -

(a) planting more market oriented vines to produce more

marketable quality wine;

(b) relocation of vineyards;

(c) adopting new production and management techniques;

(d) encouraging young entrants to the sector;

(e) promoting the role of producer organisations in the

sector to target supply to demand, reduce production

costs and promote the use of environmentally sound

practices; and

(f)

introducing measures for land consolidation

compatible with the protection and improvement of the

environment, the landscape and its features, natural

resources and genetic diversity.

The Minister may make regulations for the establishment

of a national inventory of wine-growing potential comprising an

inventory of the following -

(a) areas under vines;

(b) varieties planted;

(c) planting rights;

(d) management techniques; and

(e) average yields.

(1) In any criminal proceedings instituted by the Police

before the Court of Magistrates for an offence under this Act, the

Authority or any officer, lawyer or legal procurator deputed by the

Authority or any other Authority may, notwithstanding any law to

the contrary, lay the charge before the Court, produce evidence,

plead and otherwise conduct the prosecution instead of the Police.

(2) The sworn statement of any officer, lawyer or legal

procurator to the effect that he has been deputed as provided in

subarticle (1) shall be conclusive evidence of the fact, should proof

thereof be required by the accused.

Criminal action for an offence under article 19(7) shall be

barred by the lapse of three months.

(1) A person found guilty of an offence under this Act

shall 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

four thousand and six hundred and fifty-eight euro and seventy-five

cents (4,658.75).

(2) A person found guilty of a subsequent offence under this

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

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

cents (1,164.69) and not exceeding eleven thousand and six

hundred and forty-six euro and eighty-seven cents (11,646.87).

(3) Upon conviction for any offence under this Act, other than

a conviction for an offence under article 19(7), the court may also,

at the request of the prosecution, revoke or suspend any registration

issued in respect of the person so found guilty, or the premises

forming the subject of the proceedings.

(4) Where any person is found guilty of an offence under

article 19(7), he shall, in addition to the punishment laid down in

subarticles (1) or (2), be liable to a penalty of not less than one

hundred and sixteen euro and forty-seven cents (116.47) per day

from the date of the conviction to the date in which such person

desists from obstructing or causing obstruction or gives the

assistance or information required, as the case may be.

(5) Any person found guilty of an offence under this Act shall,

upon an application by the Authority after the sentence, be ordered

by the Court to pay the Authority the costs incurred by it for the

prosecution and proving of the offence, including any inspection

which led to the prosecution.

(6) No appeal shall lie from a decision of the court under

subarticle (5). Any sum awarded by way of costs by such a decision

shall be recoverable as a civil debt and that decision shall be an

executive title in like manner as if it were included among the

executive titles contained in article 253 of the Code of

Organization and Civil Procedure.

Without prejudice to any other provision of this Act, the

Minister may make regulations for giving effect to any of the

provisions of this Act and, without prejudice to the generality of

the foregoing, any regulations may, in particular -

(a) prescribe the fees payable for registration under this

Act;

(b) prescribe the conditions under which registration may

be granted or renewed;

(c) control the importation, production, bottling and sale

of wines;

(d) lay down rules to prohibit the over-pressing of grapes

and the pressing of wine lees and the refermentation of

grape marc;

(e) lay down rules for the distillation of surplus

unmarketable quantities of table wine;

(f)

provide for the appointment and power of analysts and

the procedure for taking samples and the methods of

analysis;

(g) prescribe the requirements, in addition to those

prescribed by or under the Food Safety Act, to which

any premises used for the production of wine have to

conform; and

(h) prescribe any other thing that may or is to be

prescribed under this Act.

The Minister may issue codes of recommended or best

practice as regards the execution and enforcement of this Act and

of regulations and orders made thereunder for the guidance of the

Board, or of any person or persons, or class or group of persons,

who is or are engaged in the execution and enforcement of this Act

and of regulations and orders made thereunder.

(1) The Minister may by regulations prescribe the form of

any document to be used for the purposes of this Act.

(2) Any document purporting to bear the signature of an

officer, who is expressed to hold an office by virtue of which he is

under this article empowered to sign such a document or to be duly

authorised by the Authority to sign such a document shall, for the

purposes of this Act, and of any regulations or orders made

thereunder, be deemed to have been duly given, made or issued by

authority of the Authority.

The Minister may make regulations requiring or

authorising charges to be imposed by the Authority with regards to

actions taken by the Authority under this Act or regulations made

thereunder, or regulations in the field of wine and wine related

products control.

(1) The provisions of this Act shall apply, in respect of the

sector which it governs, without prejudice to the provisions of any

treaties or other international agreements entered into or acceded to

by Malta, and with the provisions of any acts binding force of

which derives from any such treaty or agreement.

(2) The Minister shall, in the exercise of the powers conferred

to him by this Act, ensure, with respect to the sector governed by

this Act, Malta’s compliance with the provisions of treaties or other

international agreements entered into by Malta and with the

provisions of any laws, the binding force of which derives from any

such treaty or agreement.

(3) The Minister may, in the observance of any requirements

arising under subarticle (2), make regulations granting rights to,

and imposing obligations upon, any entity or body or association of

persons whether it has a legal personality distinct from that of its

members or not.

Any subsidiary legislation made under the provisions of

the Wine Act, repealed by this Act, shall, until other provision is

made under or by virtue of this Act, continue in force and have

effect as if made under this Act.

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