FOOD SAFETY ACT (technicalregulations)

CHAPTER 449

FOOD SAFETY ACT

To make provision for any matter related to food safety and to establish

a Food Safety Commission, to introduce new provisions for enforcement in

relation to food, and to repeal the Food, Drugs and Drinking Water Act.

13th September, 2002

ACT XIV of 2002 , as amended by Legal Notice 426 of 2007 ; and

Acts XXIX of 2007 , VI of 2011 , XXXV of 2023 and XV of 2025.

P ART I

Preliminary

The short title of this Act is Food Safety Act.

(1)

In this Act, unless the context otherwise requires -

"additive" means any substance not normally consumed as a food

in itself and not normally used as a characteristic ingredient of food

whether or not it has nutritive value, the intentional addition of

which to food for a technological purpose in the manufacture,

processing, preparation, treatment, packaging, transport or storage

of such food results, or may be reasonably expected to result, in it

or its by-products becoming directly or indirectly a component of

such foods;

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

invoice or other document or presentation, and any broadcast or

public announcement by visual or acoustic presentation or both,

and "to advertise" shall be construed accordingly;

"authorised technique" shall not include any technique which

involves no more than, or no more than the assistance of, naturally

occurring processes of reproduction, including selective breeding

techniques or in vitrio fertilisation;

"authorised officer" means any person suitably qualified to the

satisfaction of the Food Safety and Security Authority;

"authorised place" means any port, airport or other place

authorised by or under the regulations which is used, or is capable

of being used, for the importation or exportation of food or food

sources, and, in relation to food in a particular consignment,

includes any place so authorised for the importation of that

consignment;

"commercial operation" in relation to any food or contact

material means any of the following

(a) selling, possessing for sale, and offering, exposing or

advertising for sale;

(b) consigning, delivering or serving by way of sale;

(c) preparing for sale or presenting, labelling or wrapping

for the purpose of sale;

(d) storing or transporting for the purpose of sale;

(e) importing or exporting;

and, in relation to any food source, means deriving food from that

food source for the purpose of sale or for purposes connected with

sale;

"Commission" means the Food Safety Commission established

under article 5;

"consumer" means any natural or legal person who, not in the

course of a business, trade or profession, buys or otherwise

receives food or food sources within the meaning of the provisions

of this Act;

"contact material" means any article or substance which is

intended to come into contact with food;

"container" includes any basket, pail, tray, package or receptacle

of any kind, whether open or closed;

"court" means such court having jurisdiction according to law

over any person charged with having committed offences against

any of the provisions of this Act;

"description", in relation to food, includes any description of its

origin or of the manner in which it is packed;

"food" means

(a) any substance or products, whether processed,

partially processed or unprocessed, intended to be, or

reasonably expected to be, ingested by humans; and

(b) includes and, or excludes any other substance or

product as the Minister may by regulation prescribe;

"food business" means any undertaking, whether for profit or not

and whether public or private, carrying out any of the activities

related to any stage of production, processing and distribution and

the importation and exportation of food;

"food control" shall include the totality of all regulatory,

l ic e nsi ng , en fo rc e me nt an d pr e v e nt io n a nd o th e r a c t iv it ie s

conducted for purposes of health, food safety and hygiene,

compositional, nutritional or other value, or otherwise, in relation

to the preparation, production, processing, sale and provision of

food or food sources in, or seeking admittance to Malta, including

the operation of all food business by whomsoever conducted;

"food premises" means any premises used for the purposes of a

food business, and includes stalls, whether in open or closed

markets, vehicles, whether movable or not, and sea-going vessels,

including fishing vessels;

"Food Safety and Security Authority" means the Food Safety and

Security Authority established by article 4 of the Food Safety and

Security Authority Act;

"food source" means any growing crop, live animals, bird or fish

from which food is intended to be derived, whether by harvesting,

milking, collecting eggs or otherwise;

"irradiated" means treated with ionised irradiation sources,

including X-rays, electronic beams or gamma rays;

"label" includes any tag, ring or collar, brand name, trade mark,

pictorial or other descriptive matter in any case, which is written,

printed, stencilled, marked, embossed or impressed on, or attached

to, a container of food, or in any other way clearly visible through

its packaging;

"labelling" includes any words, particulars, trade mark, brand

name, pictorial matter or symbol relating to the food and appearing

on the packaging of the food or on any document, notice, label, ring

or collar accompanying the food;

"licence" means any authorising document issued by any body or

authority appointed by the Government for that purpose;

"licensee" means any person to whom the licence is issued or any

person acting in his stead;

"Minister" means the Minister responsible for food;

"novel food" means any food which has not previously been used

for human consumption in Malta, or has been so used only to a very

limited extent, or food produced, prepared or processed in such

manner by using methods which produce significant changes in the

compositional or nutritional value of the food, or the use to which it

is put;

"nutritional" means of nutritive value; deriving from nutrients in

the composition of food; such nutrients include proteins, dietary

fats, carbohydrates, minerals, vitamins, dietary fibres and other

nutrients with energy content;

"preparation" includes manufacture and any form of treatment or

alteration, including handling, and "preparation for sale" includes

packaging and "to prepare for sale" shall be construed accordingly;

"responsible person" means the person responsible for the food

business, food premises or food product and, in his absence,

includes such employee or other person, being the senior employee

or person present, engaged in operating the food business or food

premises at the time; such senior employee or person shall be

presumed to be acting on the authority of the person responsible

unless the person responsible produces proof to the contrary;

"sale" shall be construed as a reference to sale for human

consumption;

"source of supply" shall include any spring, well, tank, cistern,

conduit, aqueduct, reservoir and other waterworks.

(2)

For the purpose of this Act -

(a) the supply of food, otherwise than by sale, in the

course of a business; and

(b) any other thing which is done with respect to food

which may, from time to time, be specified by

regulations made under this Act,

shall be deemed to be a sale of the food, and references to

''purchases'' and ''purchasing'' shall be construed accordingly.

(1) This Act shall apply to all food products, whether

produced in Malta, imported into Malta or exported therefrom, and

whether intended for sale on the local market or intended for

export.

(2)

This Act shall also apply -

(a) in relation to any food which is offered as a prize or

reward or given away in connection with any

entertainment to which the public is admitted, whether

on payment of money or not, as if the food were, or

had been, exposed for sale by each person concerned

in the organization of the entertainment;

(b) in relation to any food which, for the purpose of

advertisement or in furtherance of any trade or

business, is offered as a prize or reward or given away,

as if the food were, or had been, exposed for sale by

the person offering or giving away the food; and

(c) in relation to any food which is exposed or deposited

in any premises for the purpose of being so offered or

given away as mentioned in paragraphs (a) and (b), as

if the food were, or had been, exposed for sale by the

responsible person in respect of the premises,

and in this article "entertainment" includes any social gathering,

amusement, exhibition, performance, game, sport or trial of skill.

The provisions of this Act and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions

of the 1982 United Nations Convention on the Law of the Sea as

ratified by the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area as defined in

the Exclusive Economic Zone Act. Any artificial island,

installation, structure, equipment or device therein shall, solely for

the purposes of this Act and any subsidiary legislation made

thereunder, be treated as if they were situated in Malta itself.

(1) For the purposes of this Act, any food commonly used

for human consumption shall, if sold or offered, exposed or kept for

sale, be presumed, until the contrary is proved, to have been sold,

or, as the case may be, to have been or to be intended for sale for

human consumption.

(2)

Unless the contrary is proved, it shall be presumed that -

(a) any food commonly used in the manufacture of food

for human consumption; and

(b) any article or substance commonly used in the

manufacture of food for human consumption,

which is found on premises used for the preparation, storage, or

sale of that food is intended for sale, or for manufacturing food for

sale, for human consumption.

(3)

Any article or substance capable of being used in the

composition or preparation of any food commonly used for human

consumption which is found on premises on which that food is

prepared shall, until the contrary is proved, be presumed to be

intended for such use.

P ART II

Food Safety Commission

Deleted by Act XV.2025.39.

Deleted by Act XV.2025.39.

Deleted by Act XV.2025.39.

Deleted by Act XV.2025.39.

Deleted by Act XV.2025.39.

Deleted by Act XV.2025.39.

P ART III

Regulations

(1) The Minister may make regulations -

(a) regarding the importation, exportation, preparation,

composition, advertising, sale, disposal and, or

destruction of food and prescribing standards of

minimum permissible quality, composition or other

property of such food and without prejudice to the

generality of the aforesaid, such regulations may in

particular -

(i)

require, prohibit or regulate the addition of any

specified additive or substance, a combination

of additives or substances, or any substance or

additive of any specified class, to any food

intended for human consumption or to any class

of such food, or the use of such substance as an

ingredient in the preparation of such food;

(ii) require, prohibit or regulate the use of any

materials or any process or treatment in the

preparation of any food intended for sale for

human consumption, or of any class of such food

FOOD SAFETY

including in the storage of food or in food

sources;

(iii) prohibit or regulate the sale, possession for sale,

or offering, exposing or advertising for sale, of

any specific substance, or of any substance of

any specific class, with a view to its use in the

preparation of any food intended for human

consumption, and the possession of any such

substance for use in the preparation of food

intended for sale for human consumption;

(iv) impose requirements or prohibitions as to, and

otherwise regulate, the labelling, stamping,

marking, presenting or advertising of any food

intended for sale for human consumption, and

the descriptions which may be applied to any

such food; and may in any regulations under this

paragraph require that such labels be in Maltese

and, or, in English;

(v) prohibit or regulate the sale, possession for sale,

offer, exposure or advertisement for sale,

importation, consignment, or delivery, or

exportation, of any food intended for human

consumption which does not comply with any

regulations made under this article, or in relation

to which an offence has been committed against

any of the said regulations;

(vi) prohibit or impose requirements as to, or

otherwise regulate the sources of supply of water

used in the preparation, processing, alteration or

sale of food for human use or consumption,

whether or not for drinking purposes;

(vii)

prescribe standards of hygiene in connection

with food, utensils, equipment and any other

article used for the manufacture, preparation,

preservation, packaging, storing, handling,

transportation,

distribution,

disposal,

destruction, and testing of food;

(viii) empower the Food Safety and Security Authority

to require any person who carries on a business

which includes the production, importation,

exportation, use or distribution of any substance

used in the process, preparation or production of

any food intended for human consumption, to

furnish to the Food Safety and Security

Authority such particulars as may be specified in

any such regulations regarding the composition

and use of any such substance;

(b) for securing the observance of hygienic and sanitary

conditions and practices in connection with the

carrying out of commercial operations with respect to

food or food source and without prejudice to the

generality of the aforesaid, such regulations may in

particular -

(i)

impose requirements as to the construction,

layout, drainage, equipment, maintenance,

cleanliness, ventilation, lighting, water supply

and use of premises in, at or from which food

intended for human consumption is produced or

sold, or is offered, exposed, stored or prepared

for sale, including any parts of such premises in

which apparatus or utensils are cleansed, or in

which refuse is disposed of or stored;

(ii) impose requirements as to the provision,

maintenance and cleanliness of sanitary and

washing facilities in connection with such

premises, the disposal of refuse and the

maintenance and cleanliness of apparatus,

equipment, furnishings and utensils used in such

premises;

(iii) prohibit or regulate the sale or importation of

apparatus or utensils designed for use in the

preparation of food intended for human

consumption and containing any specific

material or material of any specific class;

(iv) control or otherwise regulate the use of

containers, and the packaging or wrapping of

any food intended for sale for human

consumption or of any ingredients thereof;

(v) impose requirements as to the clothing which is

to be worn by persons in any such premises;

(vi) prescribe the precautions to be taken for

protecting

food

against

infection

or

contamination;

(vii)

regulate generally the treatment and disposal of

any food unfit for human consumption;

(c) require the observance of hygienic conditions with

respect to contact materials which are intended to

come into contact with food for human consumption;

(d) impose requirements or prohibitions as to, or

otherwise regulating, the labelling, marking or

advertising of materials referred to in paragraph (c),

and the descriptions which may be applied to them;

(e) otherwise to prohibit or regulate the carrying out of

commercial operations with respect to materials

referred to in paragraph (c);

(f)

prohibit or regulate the carrying out of commercial

operations with respect to novel foods and novel food

ingredients, or food sources from which such foods are

intended to be derived, of any class as may be

specified in the regulations;

(g) prohibit or regulate the carrying out of such operations

with respect to genetically modified or irradiated

foods, or foods derived from such food sources, of any

FOOD SAFETY

class as may be specified; or

(h) exclude, in each case, from the prohibition of

importation or exportation of any food or food source

which is of a description specified by or under the

regulations and, in the case of a prohibition on

importation, is imported or exported for use at such

place as may be authorised;

(i)

generally regulate food, food sources or contact

materials, including the prohibition or regulation of

the carrying out of commercial operations with respect

to food, food sources or contact materials, as may

appear to him to be expedient or necessary in order to

conform with any international agreement which

applies to Malta

(j)

subject to the provisions of subarticle (5), provide for

the requirement of the registration or the holding of a

licence in connection with any food premises, food

businesses or person engaged in any food business or

who is responsible for any food premises;

(k) provide for the appointment of official laboratories for

the purposes of this Act;

(l)

regulate the matters to be taken into account in

determining whether, and at what times, samples

should be procured;

(m) regulate the manner of procuring samples, including

the steps to be taken to ensure that the samples

procured are fair and adequate samples;

(n) regulate the method of dealing with samples,

including, where appropriate, their division into parts;

(o) regulate 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;

(p) regulate the methods which are to be used in the

analysis or examination of samples, or in the

classification and evaluation of the results of such

analyses or examinations;

(pa) for activities taking place within an exclusive economic

zone area or an environment protection area as defined in

the Exclusive Economic Zone Act; and

(q) make provision for giving effect to any international

obligation or agreement to which Malta may be a

party.

(2) Any particulars or other information obtained by the Food

Safety and Security Authority pursuant to any regulations made

under subarticle (1)(a)(viii) shall not be disclosed except as may be

necessary for the purposes of any regulations made under subarticle

(1)(a)(i), (ii), (iii) or (v) or for the purposes of any proceedings for

any offence.

(3)

The conditions and requirement imposed on premises, by

regulations made under subarticle (1)(b), may be extended to apply

to seacraft, stalls and other places, as may be prescribed in such

regulations.

(4) For the purposes of this subarticle (1)(f), (g) and (h), a food

source shall be considered to be genetically modified if any of the

genes or other genetic material in the food source -

(a) has been modified by means of an artificial technique;

or

(b) is inherited or otherwise derived, through any number

or replications, from genetic material which was so

modified; or

(c) has been modified by any other means as the Minister

may prescribe.

(5) Regulations made under subarticle (1)(j) may provide for

the suspension or cancellation of any registration, either wholly or

in respect of a part of the business for which the registration is

applied for or is held, or for the refusal, suspension or cancellation

of any licence or licence application provided for under this Act -

(a) where the requirements of regulations made under this

article are not complied with in relation to that

business, or

(b) where the premises, vehicle, stall or other place, or any

part thereof, are otherwise unsuitable, having regard to

considerations of hygiene and in particular to the

situation, construction or condition of such premises,

vehicle, stall or other place, or to any activities carried

on therein, for the purpose or purposes specified in the

relative application, or for which they are actually

used, as the case may be.

(6) Any person who contravenes any of the provisions of any

regulation made under subarticle (1) shall be guilty of an offence.

(7) Where under any other law a power is conferred on a

Minister to make regulations in relation to food, such power is

exercisable subject to consultation with the Minister.

P ART IV

General Provisions

Registration of Food Premises, etc.

(1) No person shall engage in any food business unless

such person, the food business and the food premises to be used for

that purpose are registered with and, where required by or under

this Act, licensed by the Food Safety and Security Authority.

(2) No food premises which are registered for use or, where

required by or under this Act, licensed for the purposes of, any food

business, shall be otherwise used than for the purpose for which

they are registered or licensed, and in accordance with any terms or

conditions to such licence, and in accordance with any regulation

applicable thereto.

(3) Any person who acts in contravention of subarticles (1) or

(2) shall be guilty of an offence against this article.

Food Safety

(1) Any person who, in carrying out any food business,

knowingly renders any food intended to be sold for human

consumption injurious to health by any means whatsoever shall be

guilty of an offence against this article.

(2) For the purposes of this article, whether any food is

injurious to health shall be determined by assessing not only the

probable effect of that food on the health of a person consuming it,

but also the probable cumulative effect of food of substantially the

same composition on the health of a person consuming it in

ordinary quantities.

(1) Any person engaged in any food business shall

monitor the safety of all food within his control, and when he

knows, or has reasonable cause to suspect that any food, food

source or contact material may cause injury to health he shall

immediately, or as soon as practicable, inform the Food Safety and

Security Authority and take any other action as the Minister may by

regulation prescribe.

(2) Any person who fails to comply with the provisions of

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

(1) Any person who -

(a) sells, offers, exposes or advertises for sale or has in his

possession for sale or for preparation for sale for

human consumption;

(b) deposits with, or consigns to, any other person for the

purpose of sale or preparation for sale for human

consumption;

(c) supplies by way of compensation or otherwise or

conveys from one place to another for human

consumption;

(d) offers as a prize or reward, or gives away to be so

offered,

any food which fails to comply with food safety requirements, shall

be guilty of an offence against this article.

(2) For the purposes of this article, food shall be considered as

having failed to comply with food safety requirements in the cases

where -

(a) it has been rendered injurious to health by any means

whatsoever; or

(b) it is unfit for human consumption; or

(c) it is so contaminated, whether by extraneous matter or

otherwise, that it would not be reasonable to expect it

to be used for human consumption in that state; or

(d) it has been prepared, stored, kept, processed,

deposited, transported, offered or exposed for sale, or

otherwise dealt with under insanitary or unhygienic

conditions; or

(e) it contains additives or such quantities or combinations

of additives which have been prohibited by regulations

made under this Act,

and references to such requirements or to food complying with such

requirements shall be construed accordingly.

(3) Where any food fails to comply with food safety

requirements is part of a batch, lot or consignment of food of the

same class, type or description, it shall be presumed, until the

contrary is proved, that all of the food in that batch, lot or

consignment fails to comply with those requirements.

(1) Persons who, in the exercise of their functions, come

into contact, whether directly or indirectly, with the materials and

products referred to in article 25(b) to (f) shall be subjected to the

hygiene inspection referred to in article 24(c).

(2) The inspection referred to in subarticle (1) shall be carried

out for the purposes of checking that the health standards

concerning personal cleanliness and clothing are respected. This

inspection shall be without prejudice to any medical examinations

that may, from time to time, be required under this or any other law.

Consumer Protection

(1) No person shall prepare or sell, package, store, offer,

expose, keep or advertise for sale for human consumption any

article of food equal or similar in appearance to any article of

common use for which it might be mistaken so as to cause or to

potentially cause risk of injury to health.

(2) Any person who acts in contravention of the provisions of

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

(1) No person shall sell, to the prejudice of the purchaser,

any food intended for human consumption which is not of the

nature, substance or quality of the food demanded by the purchaser.

(2) Any person who acts in contravention of the provisions of

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

(3) In any proceedings for an offence against this article, it

shall not be a defence for the accused to state that the purchaser

was not prejudiced because he had purchased the item for analysis

or for examination.

(1) Any person who gives with any food sold by him, or

displays with any food offered or exposed by him for sale or who

has in his possession for the purpose of sale, a label, whether or not

attached to or printed on the wrapper or container, and any person

who advertises or is party to an advertisement which in either case -

(a) falsely describes the food; or

(b) is likely to mislead as to the nature, substance or

quality of the food,

shall be guilty of an offence against this article

Provided that, in any proceedings under this subarticle, it

shall be a defence to prove that the accused acted with reasonable

diligence, and did not know or could not ascertain that the

advertisement contravened this article.

(2) Any person who sells, or offers or exposes for sale, or has

in his possession for the purpose of sale, any food the presentation

of which is likely to mislead as to the nature, substance or quality

of the food, shall be guilty of an offence against this article.

(3) In any proceedings for an offence against any of the

provisions of this article, the fact that the label or advertisement in

respect of which the offence is alleged to have been committed

contained an accurate statement of the composition of the food

shall not preclude the court from finding that the offence was

committed.

(4) In this article the reference to ''sale'' shall be construed as a

reference to sale for human consumption.

(1) No person shall sell, or offer or expose or advertise for

sale, or have in his possession for the purpose of sale, any food in

an unopened container, unless such label as may be prescribed is

attached or affixed to, or included in, the container.

(2) Any person who acts in contravention of the provisions of

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

Information and documentation

The Food Safety and Security Authority may direct any

person carrying on a food business to furnish it, within a time

period specified in the direction, such verifiable information, as

may be specified in the direction, including information on such

matters as may be specified from time to time by regulations, in

relation to any food or food source in relation to which the person

carries on business and any person failing to comply with such a

requirement shall be guilty of an offence against this article.

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

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

for which no other provision is made in this Act, be given or served

either -

(a) by delivering it to that person; or

(b) in the case of an officer of the Food Safety and

Security Authority by leaving it or sending by post

addressed to him, at his office; or

(c) in the case of a company or other commercial

partnership or other corporate body, by delivering it to

an employee of such company, commercial partnership

or corporate body at the registered or principal office

of such company, commercial partnership or corporate

body, or by sending it by post addressed to him at that

office; or

(d) in the case of any other person, by leaving it or

sending it by post addressed to him at his usual or last

known residence.

(2)

Where the document is to be given or served on the owner

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

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

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

unoccupied, the document shall be deemed to have been properly

served if it is affixed on a conspicuous place on the premises and

notice of such affixture is published in at least one daily newspaper.

Enforcement

(1) No person shall be employed or work in, or in

connection with, the preparation or the handling of any food

intended for sale for human consumption if the employer is aware

that such person is, or, as the case may be, if such person is himself

aware that he is, suffering from, or is the carrier of, typhoid fever,

paratyphoid fever or any other salmonella infection or dysentery,

staphylococcal infection, and any other infection likely to cause

food poisoning, or any other disease which the Minister responsible

for health may, by order, declare to be a disease to which this article

applies.

(2) An order made under subarticle (1) may be revoked, varied

or substituted by a subsequent order and may apply to any food, or

any class of food, or any particular food, intended for sale for

human consumption.

No person shall import into Malta any food, intended for

sale or for preparation for sale, for human consumption which -

(a) has been rendered injurious to health by any means

whatsoever;

(b) if sold in Malta, would constitute a violation of the

provisions of this Act or of any regulations made

thereunder;

(c) is unsound or unwholesome or otherwise unfit for

human consumption;

(d) in the preparation of which, any such food as is

described in paragraph (c) has been used.

Subject to the provisions of articles 25 and 26, food control

shall comprise one or more of the following operations

(a) inspection of food premises;

(b) sampling and analysis of food and, or food sources;

(c) inspection of staff hygiene and qualifications;

(d) examination of written and documentary material; and

(e) examination of any verification systems set up by the

food business and of the results obtained through such

verification systems.

The following may be subject to inspection by an

authorised officer in the enforcement and execution of this Act

(a) the state and use which is made, at the different stages,

of the site, premises, offices, business premises and

their surroundings, machinery and equipment;

(b) raw materials, ingredients, technological aids and

other products used for the preparation and production

of foodstuffs;

(c) semi-finished goods;

(d) finished goods;

(e) materials and articles intended to come into contact

with foodstuffs;

(f)

cleaning and maintenance products and processes, and

pesticides;

(g) processes used for the manufacture or processing of

foodstuffs;

(h) labelling and presentation of foodstuffs; and

(i)

preserving methods; and

(j)

such other

matters

as

may

be

prescribed

by

regulations.

(1) Inspections shall be carried out -

(a) regularly and, or, whenever there exists a suspicion of

non-compliance with any of the provisions of this Act

or of any regulations made thereunder; and

(b) by using means proportionate to the end to be

achieved,

and shall cover all stages of production, manufacture, importation,

processing, storage, transport, distribution, trade, disposal and

destruction of food.

(2) The authorised officer shall in each case, decide the stage

or stages which he considers the most appropriate for its

examination from those listed in subarticle (1).

(3) The authorised officer may be assisted by any other person

whom he considers necessary.

Except with the written permission of the Commission or

the Food Safety and Security Authority, as the case may be, no

person may publish or cause to be published in any form, a

statement intended to, or which may, promote the supply or use of

food, food goods, or services relating to food by implying that the

Commission or the Food Safety and Security Authority, as the case

may be, approves or otherwise such use.

(1) Every person appointed to carry out the function of

authorised officer in accordance with this Act, shall declare and

confirm that he is not, directly or indirectly engaged in any food

business.

(2) An authorised officer may inspect any food intended for

human consumption, or which he may reasonably believe to be so

intended, which -

(a) has been sold or is offered or exposed for sale; or

(b) is, or has been in the possession of, or has been

deposited with or consigned to, any person for the

purpose of sale or of preparation for sale; or

(c) is in the course of delivery before or after sale for

human consumption, including where this is present in

any vehicle,

and the provisions of article 31 shall apply where, on such

inspection, it appears to the authorised officer that any food fails to

comply with food safety requirements.

(3)

An authorised officer may -

(a) examine any article to which this Act or any

regulations made thereunder apply and take, on

payment of the current market value, if so required,

samples for analysis or for bacteriological or other

examination; and

(b) seize and remove any such article in relation to which

reasonable ground for suspicion exists that any

provisions of this Act or of any regulations made

thereunder are being or have been contravened.

(4)

In subarticle (3), the expression "any article" includes -

(a) any food, or any substance capable of being used in the

composition or preparation of any food;

(b) any thing used or capable of being used for the

manufacture, preparation, preservation, packing or

storage thereof, including contact material; and

(c) any labelling or advertising material

Provided that the taking of any article under subarticle

(3)(a) shall, for the purpose of this Act or of any regulations made

thereunder, be deemed to be a sale of that article.

(1) Any authorised officer shall, on producing, if so

required, some duly authenticated document showing his authority,

have a right at any reasonable time to -

(a) enter any food premises for the purpose of ascertaining

whether there is or has been or there is likely to be any

contravention against any of the provisions of this Act,

or of regulations made thereunder;

(b) enter any business premises for the purpose of

ascertaining whether there is on the premises any

evidence of any contravention against any of the

provisions of this Act;

(c) carry out any inspections under this Act;

(d) inspect any records, in whatever form they are held,

relating to a food business and, where any such records

are kept by means of computer -

(i)

may have access to, and inspect and check the

operation of any computer, any associated

apparatus or material which is or has been in use

in connection with the records; and

(ii) may require any person having charge of, or

otherwise concerned with the operation of, the

computer, apparatus or material to afford him

such assistance as he may reasonably require;

(e) seize and detain 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

(f)

where the records are kept by means of a computer,

require the records to be produced in a form in which

they may be taken away.

(2) Any person who, having entered any premises by virtue of

this article, discloses to any other person any information obtained

by him in the premises with regard to any trade secret shall, unless

the disclosure was made in the performance of his duty, be guilty of

an offence.

(3) Admission, for the purpose of subarticle (1), to any

premises used only as a private dwelling house may only be had if

authorised by a warrant signed by a magistrate or by the Attorney

General.

(4) Every warrant so granted shall continue in force for a

period not exceeding one month.

An authorised officer who has reason to believe that any

vehicle or container contains any food which is intended for sale

for human consumption, or which is in the course of delivery after

sale for human consumption, may examine the contents of the

vehicle or container, and, for that purpose, he may, if necessary,

detain the vehicle or container.

31 . (1) If it appears to any authorised officer, upon an

inspection or otherwise, that any food is unfit for human

consumption, or is likely to cause injury, food poisoning or any

disease communicable to human beings, the authorised officer may

either -

(a) give notice to the licensee, manager or any other

person in charge of the food premises at the time, that

until the notice is withdrawn, the food or any specified

portion of it -

(i) is not to be used for human consumption; and

(ii) is not to be removed or is not to be removed

except to some place specified in the notice; and,

or

(iii) is not to be sold or destroyed or otherwise dealt

with, whether or not removed for those

purposes; or

(b) may seize the food, or any sample thereof to be

produced as evidence before any court; or

(c) where not required to be produced as evidence as

aforesaid, with the consent and at the expense of the

responsible person, may destroy the food.

(2) Any person who knowingly contravenes the requirements

of a notice given under subarticle (1) shall be guilty of an offence.

(3) Where the authorised officer exercises the powers granted

under subarticle (1), he shall, within a reasonable time, determine

whether or not such food satisfies food safety requirements, and -

(a) if such food is deemed to be fit for human

consumption, he shall forthwith withdraw the notice,

and allow the release of the food from the place where

it is stored under the terms of the notice; or

(b) if such food is deemed to be unfit for human

consumption, he shall seize the food, or a sample

thereof, in order to produce the same as evidence

before any court.

(4) Where an authorised officer exercises the powers conferred

to him by subarticle (1) or (3), he shall inform the person in charge

of the food of his intention to have it dealt with by the court, and he

shall give the reasons therefor, and any person who, under

subarticle (1) or (3), may be liable to be prosecuted in respect of the

food shall be entitled to be heard and to call witnesses.

(5) If it appears to the court, on the basis of such evidence as

may be considered appropriate in the circumstances, that any food

falling to be dealt with by it under this article, fails to comply with

food safety requirements, it shall condemn the food and order the

food to be destroyed or to be so disposed of so as to prevent it from

being used for human consumption.

(6) The court shall also, upon an application by the Food

Safety and Security Authority, order the person found guilty of an

offence to pay the Food Safety and Security Authority the costs

incurred by it for the prosecution in connection with the offence,

including any inspection which led to such prosecution and any

examination pursuant to such inspection.

(1) Jekk uffiċjal awtorizzat jidhirlu, kemm waqt spezzjon

jew mod ieħor, li xi ikel ma jkunx tajjeb għall-konsum mill-

bniedem, jew x’aktarx jagħmel ħsara, avvelenament ta’ ikel jew xi

mard li jittieħed mill-bnedmin, l-uffiċjal awtorizzat jista’ jew -

(a) javża lill-persuna liċenzjata, manager jew xi persuna

oħra li tkun responsabbli għall-post tal-ikel f’dan il-

ħin, illi sakemm l-avviż ma jiġix irtirat, l-ikel jew xi

parti speċifikata tiegħu -

(i)

ma għandux jintuża għall-konsum mill-bniedem;

u

(ii) ma għandux jiġi mneħħi jew ma għandux jiġi

mneħħi jekk mhux għal xi post speċifikat fl-

avviż; u, jew

(iii) ma għandux jinbiegħ jew jinqered jew isir mod

ieħor minnu, kemm jekk ikun ġie mneħħi għal

dawk l-għanijiet u kemm jekk le; jew

(b) jista’ jaqbad dak l-ikel, jew kampjun tiegħu, biex jiġi

prodott bħala xieħda f’kull qorti; jew

(ċ) meta ma jkunx jeħtieġ li jiġi prodott bħala xiehda kif

intqal qabel, bil-kunsens u għas-spejjeż tal-persuna

responsabbli, jista’ jeqred l-ikel.

(2) Kull persuna li xjentement tikser il-ħtiġiet ta’ avviż mogħti

skont is-subartikolu (1) tkun ħatja ta’ reat.

(3) Meta l-uffiċjal awtorizzat iwettaq s-setgħat mogħtija skont

is-subartikolu (1) hu għandu fi żmien raġonevoli, jiddetermina jekk

dak l-ikel iħarisx il-ħtiġiet dwar sigurtà ta’ ikel jew le, u -

(a) jekk dak l-ikel jitqies bħala li hu tajjeb għall-konsum

mill-bniedem, għandu minnufih jirtira l-avviż u

jippermetti r-rilaxx tal-ikel mill-post fejn ikun maħżun

skont it-termini tal-avviż; jew

(b) jekk dak l-ikel jitqies mhuwiex tajjeb għall-konsum

mill-bniedem, għandu jaqbad dak l-ikel, jew kampjun

tiegħu, biex l-istess jiġi prodott bħala xhieda f’kull

qorti.

(4) Meta uffiċjal awtorizzat iwettaq is-setgħat mogħtija lilu

skont is-subartikolu (1) jew (3), għandu jinforma lill-persuna

responsabbli għall-ikel bil-ħsieb tiegħu li l-ikel isir minnu skont ma

tiddeċiedi l-qorti, u għandu jagħti r-raġunijiet għal hekk u kull

pesuna li, skont is-subartikolu (1) jew (3), jistgħu jittieħdu

proċedimenti kontriha għar-rigward ta’ dak l-ikel ikollha d-dritt li

tinstema’ u li ssejjaħ xhieda.

(5) Jekk il-qorti jidhirlha, skont dik ix-xiehda li tkun meqjusa

xierqa fiċ-ċirkostanzi li xi ikel li tkun qed tittratta dwaru skont dan

l-artikolu, ma iħarisx il-ħtiġiet ta’ sigurtà ta’ ikel, il-qorti għandha

tikkundanna l-ikel u tordna li jiġi meqrud jew isir minnu b’tali mod

li ma jkunx jista’ jintuża għall-konsum mill-bniedem.

(6) Il-qorti għandha wkoll, wara rikors mill-Awtorità għas-

Sigurtà tal-Ikel, tordna lill-persuna li tkun instabet ħatja ta’ reat

biex tħallas lill-Awtorità għas-Sigurtà tal-Ikel l-ispejjeż li tkun

ħallset għall-prosekuzzjoni dwar ir-reat, inkluża kull spezzjon li

tkun wasslet għal dik il-prosekuzzjoni u kull eżami li jkun sar

għall-għan ta’ dik l-ispezzjon.

(1) A person who -

(a) intentionally obstructs or causes the obstruction of any

person acting in the performance of his duties under

this Act; or

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

acting in the performance of his duties under this Act,

such assistance or information which he is required to

give by or under this Act,

shall be guilty of an offence against this article.

(2) Any person who, in the purported compliance with any

provision of this Act -

(a) furnishes information which he knows to be false or

misleading in a material particular; or

(b) recklessly furnishes information which is false or

misleading in a material particular;

shall be guilty of an offence against this article.

(3) Nothing in subarticle (2) shall be construed as requiring

any person to answer any question or give any information if, by so

doing, he may incriminate himself.

FOOD SAFETY

Notices and Orders

(1) If an authorised officer has reasonable grounds to

believe that the person responsible for a food business or food

premises is failing to comply with any regulations to which this

article applies, he may, by a written notice, hereinafter in this Act

referred to as an ''improvement notice'', served on that person -

(a) state the officer’s grounds for believing that the person

is failing to comply with the regulations;

(b) specify the matters which constitute the person’s

failure to comply;

(c) specify the measures which, in the officer’s opinion,

the person must take in order to secure compliance;

and

(d) require the person to take those measures, or measures

which are at least similar to them, within such period

as may be specified in the improvement notice.

(2) Any person who fails to comply with an improvement

notice shall be guilty of an offence against this article.

(3) The provisions of this article shall apply to any regulations

which may be made under this Act for the purpose of -

(a) requiring, prohibiting or regulating the use of any

process or treatment in the preparation of food; or

(b) securing the observance of hygiene conditions and

practices in connection with the carrying out of

commercial operations with respect to food or food

sources; or

(c) providing for the protection of the consumer, the

quality of food or the provision of public information

about food, food products or the use to which such

food or food products may be put.

(1) If the person responsible for a food business is

convicted for an offence against any regulations to which this

article applies, and if the court by which the person responsible is

convicted, is satisfied that there exists a health risk condition with

respect to that business, the court may by an order, impose the

appropriate prohibition referred to in subarticle (3).

(2) In assessing whether a health risk condition exists with

respect to any food business, the court shall examine if any of the

following involve risk of injury to health, namely -

(a) the use, for the purposes of the business, of any

process or treatment;

(b) the construction of any premises used for the purposes

of the business, or the use, for those purposes, of any

equipment;

(c) the state or condition of any premises or equipment

used for the purposes of the business; and

(d) the conduct or practice of any persons engaged there.

(3)

The appropriate prohibitions which may be imposed are

(a) in a case falling within subarticle (2)(a), a prohibition

on the use of the process or treatment for the purpose

of the business;

(b) in a case falling within subarticle (2)(b), a prohibition

on the use of the premises or equipment for the

purposes of the business or any other food business of

the same class or description;

(c) in a case falling within subarticle (2)(c), a prohibition

on the use of the premises or equipment for the

purposes of any food business;

(d) in a case falling within subarticle (2)(d), a prohibition

on the conduct or practice in question.

(4) If the person responsible for a food business is convicted of

an offence against any regulations as is referred to in article

33 (3 )( b ), and t he cou rt by wh ic h th e resp onsi bl e person i s

convicted deems it proper so to do in the circumstances of the case,

the court may, by an order, impose a prohibition on the responsible

person from participating in the management of any food business,

or any food business of a class, type or description, as may be

stated in the order, for whatever period as may be specified in the

order, such period not being less than six months.

(5) Upon the making an order under subarticle (1) or (4),

hereinafter in this Act referred to as a "prohibition order", the Food

Safety and Security Authority shall, as soon as is practicable, -

(a) serve a copy of the prohibition order on the

responsible person of the business; and

(b) in the case of an order under subarticle (1), affix a

copy of the prohibition order in a conspicuous place on

such premises used for the purposes of the business, as

it may consider appropriate,

and any person who knowingly contravenes any such order shall be

guilty of an offence against this article.

(6)

A prohibition order shall cease to have effect -

(a) in the case of an order given under subarticle (1), on

the issue, by the Food Safety and Security Authority,

of a certificate to the effect that it is satisfied that the

responsible person has taken sufficient measures to

secure that the health risk condition no longer exists

with respect to the business; and

(b) in the case of an order given under subarticle (4), on

the giving by the court of a direction to that effect.

(7) The Food Safety and Security Authority shall issue a

certificate under subarticle (6)(a) within three working days of its

being satisfied that the measures therein mentioned have been

taken; and on an application by the responsible person for such a

certificate, the Food Safety and Security Authority shall -

(a) determine, as soon as is reasonably practicable and in

any event not later than fourteen days after such

application, whether or not it is so satisfied; and

(b) if it determines that it is not so satisfied, give notice to

the responsible person of the reasons for that

determination.

(8) The court shall give a direction under subarticle (6)(b) if,

on an application by the responsible person, the court deems it

proper so to do having regard to all the circumstances of the case,

including in particular the conduct of the responsible person since

t h e m a k i n g o f t h e o r d e r, b u t n o s u c h a p p l i c a t i o n s h a l l b e

entertained if it is made -

(a) before the lapse of six months from the making of the

prohibition order; or

(b) within three months after the making by the

responsible person of a previous application for such a

direction.

(9) Any person who fails to comply with a prohibition order

shall be guilty of an offence against this article.

(10) The provisions of subarticle (4) shall apply in relation to

the manager of a food business as they apply in relation to the

responsible person of such business; and any reference in subarticle

(5) or (8) to the responsible person of the business, or to the

responsible person, shall be construed accordingly; for the

purposes of this subarticle, "manager", in relation to a food

business, shall mean any person who is entrusted by the responsible

person with the day-to-day running of the business, or any part

thereof.

(1) The Food Safety and Security Authority may publish

or cause to be published a copy of the order given under article

34(4) in the local media in both the Maltese and English languages.

(2) When making a decision under subarticle (1) the Food

Safety and Security Authority shall adhere to the principles of

fairness and objectivity.

(3) The Government, the Food Safety and Security Authority

and any public officer acting on the instructions or authority of the

Food Safety and Security Authority shall not be or become liable

for any acts done in good faith under subarticle (1); the exemption

from liability shall extend to all persons publishing, printing,

recording, broadcasting, communicating or reproducing such

information in any form.

(1) Where the Food Safety and Security Authority is

satisfied that a health risk condition exists with respect to any food

business, it may, by order served on the responsible person of the

business, hereinafter in this Act referred to as an ''emergency

prohibition order'', impose the appropriate prohibition in

accordance with this article.

(2) Any person who fails to comply with an emergency

prohibition order shall be guilty of an offence against this article.

(3)

The provisions of article 34(2) and (3) shall, mutatis

mutandis, apply with regard to emergency prohibition orders under

this article as if reference to the court in such subarticles were a

reference to the Food Safety and Security Authority, and as if the

reference in article 34(2) to risk of injury were a reference to

imminent risk of injury.

(4) The provisions of article 34(10) shall, mutatis mutandis,

apply with respect to an emergency prohibition order.

(5) As soon as is practicable, after the making of an emergency

prohibition order, the Food Safety and Security Authority shall -

(a) serve a copy of the order on the responsible person of

the business; and

(b) affix a copy of the order in a conspicuous place on the

premises used for the purposes of that business as it

may consider appropriate,

and any person who knowingly contravenes such an order or in any

way defaces, erases, obscures, damages or removes the said copy of

the order, shall be guilty of an offence against this article.

(6) An emergency prohibition order shall cease to have effect

on the issue by the Food Safety and Security Authority of a

certificate to the effect that it is satisfied that the responsible person

has taken sufficient measures to secure that the health risk no

longer exists with respect to the business.

(7) The Food Safety and Security Authority shall issue a

certificate under subarticle (6) within three days of its being

satisfied that the measures therein mentioned have been taken; and

on an application by the responsible person for such a certificate,

the Food Safety and Security Authority shall -

(a) determine, as soon as is reasonably practicable and in

any event not later than ten days after such application,

whether or not it is so satisfied; and

(b) if it determines that it is not so satisfied, give notice to

the responsible person of the reasons for that

determination.

(8)

(a) Any person who feels himself aggrieved by any

emergency prohibition order made on him may, within

f i f t e e n d a y s f r o m t h e m a k i n g o f t h e o r d e r, b y

application served on the Food Safety and Security

Authority, appeal against it to the First Hall of the

Civil Court and, if the court, after appointing the

application for hearing and after examining such

evidence as may be produced by the parties, is -

(i)

satisfied that the imminent risk to health exists

in accordance with the provisions of article

34(2), the court shall dismiss the appeal and

confirm the order,

(ii) not satisfied that the imminent risk to health

exists in accordance with the provisions of

article 34(2), it may order the Food Safety and

Security Authority to pay to the person making

the application a reasonable amount as

compensation for any loss suffered by reason of

his complying with the order.

(b) The Food Safety and Security Authority shall file a

reply to such application within such time, not being

less than twenty-four hours, as the court may

determine.

(1) If any steps or other action in pursuance of article

34(2) as made applicable by article 36(3), to be taken as a result of

an emergency prohibition order, have not been taken within the

time specified therein, the Food Safety and Security Authority may

enter the premises to which the emergency prohibition order relates

and take such steps, including the closure of the premises or other

action as may be required in the circumstances.

(2) Saving the provisions of Chapter IV of the Constitution or

of the European Convention Act, notwithstanding the provisions of

any other law, no precautionary warrant or other order shall be

issued or made by any court restraining the Food Safety and

S e c u r it y A u th o r it y fr o m th e e xe rc i s e of an y of t he p o we r s

conferred upon it by article 36 and by subarticle (1).

(3) All expenses reasonably incurred by the Food Safety and

Security Authority to carry out an emergency prohibition order

under article 36 in pursuance of subarticle (1) shall be recoverable

as a civil debt by the Food Safety and Security Authority from the

responsible person of the business to which the emergency

prohibition order relates.

(1) If it appears to the Food Safety and Security Authority

that the carrying out of commercial operations with respect to food,

food sources or contact materials of any class or description

involves, or may involve an imminent risk of injury to health, it

may, by an order referred to as an ''emergency control order'', and

subject to any condition it may deem fit to impose, prohibit the

carrying out of such operations with respect to food, food sources

or contact materials of that class or description.

(2) Any person who knowingly contravenes an emergency

control order shall be guilty of an offence against this article.

(3) The Food Safety and Security Authority may in writing

consent either unconditionally or subject to any condition or

conditions that it may consider appropriate, to the doing, in such

case as may be specified in the consent, of anything which has

otherwise been prohibited by an emergency control order.

(4) It shall be a defence for a person charged with an offence

against subarticle (2) to show that consent had been given for the

doing of the act charged under subarticle (3), and that any condition

subject to which the consent was given was complied with.

(5)

The Food Safety and Security Authority may -

(a) give directions as appear to it necessary or expedient

for the purpose of preventing the carrying out of

commercial operations with respect to any food, food

source or contact materials which it believes, on

reasonable grounds, to be food, food sources or

contact materials to which an emergency control order

applies; and

(b) do anything which appears to it to be necessary or

expedient for that purpose.

(6) Any person who knowingly fails to comply with a direction

under this article shall be guilty of an offence.

(7) The court shall also, upon an application by the Food

Safety and Security Authority, order the person found guilty of an

offence to pay the Food Safety and Security Authority the costs

incurred by it for the prosecution in connection with the offence,

including any inspection which led to such prosecution and any

examination pursuant to such inspection.

(1) When it appears to the Food Safety and Security

Authority that any person engaged in any food business has

engaged in any conduct that constitutes an offence against articles

11 to 14 and articles 16 to 19, the Food Safety and Security

Authority may, at its discretion, instead of causing proceedings to

be instituted against that person, caution that person in writing, and

seek an undertaking in writing from that person that he shall refrain

from the conduct specified in the undertaking for such period as

may be agreed to by the parties concerned, and, without prejudice

to subarticle (3), upon the making of such undertaking no further

proceedings may be instituted with respect to such offence.

(2) The Food Safety and Security Authority shall maintain a

register of undertakings made under subarticle (1), which register

shall be kept at an office specified by the Food Safety and Security

Authority, and shall be available for viewing by any person at such

times as may be established by the Food Safety and Security

Authority.

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

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

against this article.

Defences

Where the facts which, subject to the provisions of article

41, would constitute the commission, by any person, of an offence

against any of the preceding provisions of this Part or of any

regulations issued in virtue of article 10, are due to an act or default

of some other person, that other person shall be guilty of the

offence; and a person may be charged with and convicted of the

offence by virtue of this article whether or not proceedings are

taken against the first mentioned person.

(1) Subject to the provisions of subarticle (5), in any

proceedings for an offence against any of the preceding provisions

of this Part or of any regulations issued in virtue of article 10, it

shall be a defence for the person charged to prove that he took all

reasonable precautions and exercised all due diligence to avoid the

commission of the offence by himself or by a person under his

control.

(2)

Without prejudice to the generality of subarticle (1), a

person charged with an offence against article 14, or 17, or 18

who -

(a) has not prepared the food in respect of which the

offence is alleged to have been committed; or

(b) has not imported it into Malta,

shall be taken to have established the defence provided by that

subarticle if he satisfies the requirements of subarticle (3).

(3) A person shall be deemed to satisfy the requirements of

this subarticle if he proves -

(a) that the commission of the offence was due to an act or

default of another person who was not under his

control, or to reliance on information supplied by

another person;

(b) that he carried out all necessary checks on the food in

question as were reasonable, in all the circumstances,

and that it was reasonable in the circumstances for him

to rely on checks carried out by the person who

supplied the food to him;

(c) that the sale or intended sale of which the alleged

offence consisted was not a sale or intended sale under

his name or mark; and

(d) that he did not know, and had no reason to suspect at

the time of the commission of the alleged offence that

his act or omission would amount to an offence against

the relevant provision.

(4) The person charged shall not, without the leave of the

court, be entitled to rely on the defence referred to in subarticle (3)

if the defence involves the allegation that the commission of the

offence was due to an act or default of another person, or to

reliance on information supplied by another person, unless, after

the reading of the charge in court and not later than twenty-four

hours thereafter, he files a notice in court to be served on the

prosecutor containing such information identifying or assisting in

the identification of that other person as was then in his possession.

(5)

(a) In proceedings for an offence against any of the

preceding provisions of this Part, relating to the

advertisement for sale of any food, it shall be a defence

for the person charged to prove -

(i)

that he is a person whose business it is to publish

or arrange for the publication of advertisements;

and

(ii) that he received the advertisement in the

ordinary course of business and that,

notwithstanding that he complied with any

guidelines made under paragraph (b), he did not

know and had no reason to suspect that its

publication would amount to an offence against

that provision.

(b) The Minister may by regulations make provision for

the issue and supply of guidelines for persons engaged

in the business referred to in paragraph (a), and in

particular for the avoidance of the publication of

advertisements not in conformity with this Act.

P ART V

Legal proceedings

(1) Where there is reasonable cause to believe that any

person has contravened any of the provisions of this Act or of any

regulations made thereunder, the Police shall, on the report of the

Food Safety and Security Authority, institute criminal proceedings

against the offender before the competent court.

(2) In any criminal proceedings instituted by the Police for an

offence under this Act, the Food Safety and Security Authority or

any officer, lawyer or legal procurator deputed by the Food Safety

and Security Authority may, notwithstanding any law to the

contrary, lay the charge before the Court of Magistrates, produce

evidence, plead and otherwise conduct the prosecution instead of

the Police.

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

procurator to the effect that he is deputed as provided in subarticle

(2) shall be conclusive evidence of the fact, should proof thereof be

required by the accused.

(1) A person found guilty of an offence against article 31

shall be liable, on conviction, 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 a second or subsequent conviction

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

thousand and three hundred and twenty-nine euro and thirty-seven

cents (2,329.37) and not exceeding four thousand and six hundred

and fifty-eight euro and seventy-five cents (4,658.75) or to

imprisonment for a term of not less than one year and not

exceeding two years or to both such fine and imprisonment.

(3) A person found guilty of any other offence against this Act

shall be liable -

(a) on conviction for a first offence 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) or to imprisonment for a term not

exceeding two years or to both such fine and

imprisonment;

(b) on conviction for a subsequent offence, 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)

or to imprisonment for a term not exceeding four years

or to both such fine and imprisonment.

Upon conviction for any offence, other than an offence

against the provisions of article 31, the court may order the

suspension or cancellation of any licence or licences issued in

respect of the person charged or the premises forming the subject of

the proceedings.

Where a person is found guilty of an offence against this

A c t , t h e c o u r t s h a l l , w h e r e n e c e s s a r y, b e s i d e s a w a r d i n g

punishment, order the offender to abate any nuisance arising from

the offence or, if the circumstances so require, to comply with the

law, in either case within such time as shall be fixed by the court

for the purpose and, in the case of non-compliance with any such

order, the offender shall be liable to a further fine (multa) not

exceeding one hundred and sixteen euro and forty-seven cents

(116.47) for every day of non-compliance after the expiration of the

said time fixed as aforesaid.

Where an offence against any of the provisions of this Act

or of any regulations made thereunder is proved to have been

committed, the court shall order the forfeiture and destruction of

the food to which the offence relates.

Where a person is charged with an offence against any of

the provisions of this Act but is not found guilty of such offence,

the court may, if it deems fit according to the circumstances of the

case, order the Government, as represented by the Food Safety and

Security Authority, to pay such person an amount fixed by the court

as compensation for any damage caused in the articles seized or in

any part thereof, by the examination or analysis referred to in

article 10(1)(k) to (p).

(1) Subject to the provisions of this article, in any

proceedings for an offence against this Act or any regulations made

thereunder, being an offence consisting of selling, or offering,

exposing or advertising for sale, or having in one’s possession for

the purpose of sale, any article or substance, it shall be a defence

for the accused to prove that -

(a) he purchased it as being an article or substance which

could lawfully be sold or otherwise dealt with as

aforesaid, or, as the case may be, could lawfully be so

sold or dealt with under the name or description or for

the purposes under or for which he sold or dealt with

it, and with a written warranty to that effect;

(b) that he had no reason to believe, at the time of the

commission of the alleged offence, that it was

otherwise; and

(c) it was, at the time of the commission of the alleged

offence, in the same state as when he purchased it.

(2) Where the accused in any such proceedings is an employee

or an agent of the person who purchased the article or substance

under a warranty, he shall be entitled to rely on the provisions of

this article in the same way as his employer or principal would have

been entitled to do if he had been the accused.

(3) Where the accused in any such proceedings has been

acquitted under the foregoing provisions of this article, new

proceedings may be taken against the person by whom the warranty

relied on by the accused in the original proceedings is alleged to

have been given.

(4) For the purposes of this article and article 49, a name or

description entered in an invoice shall be deemed to be a written

warranty that the article or substance to which the entry refers can

be sold or otherwise dealt with under that name or description.

(1) An accused who, in any proceedings under this Act

wilfully applies to any article or substance a warranty given in

relation to any other article or substance shall be guilty of an

offence against this Act.

(2) A person who, in respect of any article or substance in

respect of which a warranty might be pleaded under the provisions

of article 48, gives to the purchaser a false warranty in writing,

shall be guilty of an offence against this Act, unless he proves that

he gave such warranty more than one year or such longer period in

respect of which the warranty was given before the facts otherwise

constituting the offence took place.

(1) Any of the officers mentioned in article 42(2) may be

called as a witness at the request of the accused.

(2) Where, however, the evidence of such officer is required

by the Police, the said officer shall be heard before he assumes the

duties of prosecuting officer, unless the necessity of his evidence

arises at a later stage of the proceedings.

P ART VI

Miscellaneous

Where any food has been seized under the provisions of

this Act, and the owner thereof consents in writing to the

destruction of such food, the Food Safety and Security Authority

may, after taking such samples as may be required to prove the

offence, direct that the said food be destroyed, without prejudice to

the taking of any proceedings against the person responsible for the

offence.

(1) Any regulation or order made, or any licence granted,

under the provisions of the Food, Drugs and Drinking Water Act

prior to its repeal by this Act shall, in so far as they are not

inconsistent with the provisions of this Act, or of any regulations

made thereunder, continue in force and have effect as if they had

been made or granted under the relative provisions of this Act.

(2) Any legal proceedings instituted under the Food, Drugs

and Drinking Water Act prior to its repeal shall continue as if those

proceedings had been commenced under this Act.