FOOD SAFETY AND SECURITY AUTHORITY ACT

CHAPTER 649

FOOD SAFETY AND SECURITY AUTHORITY ACT

AN ACT to provide for the establishment of an Authority to ensure

and promote food safety, sustainability and security in Malta and for matters

related therewith or ancillary thereto.

9th July, 2025 *

ACT XV of 2025.

PART I

Preliminary

The short title of this Act is the Food Safety and Security

Authority Act.

(articles 6(7), 9(4), 14(1), 14(4), 14(6), 32(2)(c), 32(2)(f) and 32(5))

1. Irrigation of Crops (Health Precautions) Regulations.

2. Control of Tomato Paste and of Sale of Tomatoes for

Processing Purposes Regulations.

3. Fruit and Vegetables Marketing Standards Regulations.

4. Pesticides Control Act.

5. Plant Quarantine Act.

6. Wine Act.

7. Veterinary Services Act.

8. Animal Welfare Act.

9. Calves (Protection) Regulations.

FOOD SAFETY AND SECURITY AUTHORITY

10. Mininum Standards for the Protection of Pigs Regulations.

11. Animal Slaughter or Killing (Protection) Regulations.

S.L. 439. 03.

12. Staging Points Regulations.

13. Laying Hens (Protection) Regulations.

14. Farm Animals (Protection) and Inspection of Holdings

Regulations.

15. Minimum Rules (Protection of Chickens kept for Meat

Production) Regulations.

16. Administrative Penalties relating to Offences committed

against the Animal Welfare Act Regulations.

17. Protection of Animals during Transport and related

Operations (Implementing) Regulations.

18. Food Safety Act.

19. Production of Olive Oil Regulations.

20. Establishment of the National Register of Traditional Agro-

Food Products of Malta Regulations.

21. Establishment of the ‘Product of Quality’ National Scheme

Regulations.

22. Organic Production and Labelling of Organic Products

Regulations.

23. Primary Production of Food of Non-Animal Origin

(Including Sprouts Production) Regulations.

In this Act, unless the context otherwise requires

"Authority" means the Food Safety and Security

Authority established in article 4;

"Board" means the Board of Governors of the Authority

composed of the Chairperson and members appointed in

accordance with article 5;

"Chief Executive Officer" means the officer appointed

with the responsibility for the executive management of the

Authority in accordance with article 7;

"Chairperson" means the Chairperson of the Authority

and includes, in the circumstances mentioned in article 5(4), the

Deputy Chairperson or any other person appointed to act as

Chairperson;

"entity of the public administration" includes any body

being a "government agency", "Department of Government" or

"government entity" and, or "public officer" as defined in the

Public Administration Act;

"food" means any substance or products, inclusive of

plants and animals, whether processed, partially processed or

unprocessed, intended to be, or reasonably expected to be,

ingested by humans, and includes and, or excludes any other

substance or product as the Minister may by regulations

prescribe;

"food business" includes any undertaking, whether for

*See article 1(2) and (3) of the Act as originally promulgated, and Legal Notice 128 of

2025. FOOD SAFETY AND SECURITY AUTHORITY

profit or otherwise and whether public or private, carrying out

any of the activities related to any stage of production, inclusive

of primary production, the processing and distribution and the

importation and exportation of food;

"food control" includes the totality of all regulatory,

licensing, enforcement and preventive action and other

activities conducted for purposes of food security, food quality,

food safety and hygiene, compositional, nutritional or other

value, or otherwise, in relation to the primary production,

preparation, processing, sale and provision of food or food

sources in, or seeking admittance into Malta, including the

operation of all food businesses by whosoever managed;

"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 otherwise, and

sea-going vessels, including fishing vessels;

"Minister" means the Minister responsible for food;

"officer" includes any employee or member of staff of

the Authority;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for food;

"public employee" shall have the same meaning as

assigned to it in article 2 of the Public Administration Act;

"public officer" shall have the same meaning as assigned

to it in article 2 of the Public Administration Act;

"Regulation (EU) 2016/679" means Regulation (EU)

2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to

the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data

Protection Regulation).

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, and 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.

PART II

Food Safety and Security Authority

(1)

There shall be established an Authority, to be known

as the Food Safety and Security Authority which shall be responsible

to ensure the security of supply, food safety and sustainability of food

systems in Malta.

(2)

The Authority shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of this

Act, of entering into contracts, of acquiring, holding and disposing by

whatever title of any type of property for the purposes of its functions,

of suing and being sued, and of doing all such things and entering into

all such transactions as are incidental or conducive to the exercise or

performance of its functions under this Act, including the lending or

borrowing of money.

(3)

The legal and judicial representation of the Authority shall

vest in the Board

Provided that the Authority may appoint any one (1) or

more of its other members or any one (1) or more of its officers to

appear in the name and on behalf of the Authority in any proceedings

and in any act, contract, instrument or other document whatsoever.

(1)

There shall be a Board of Governors consisting of not

less than nine (9) and not more than eleven (11) members, from

amongst which the Minister shall appoint the Chairperson of the

Authority.

(2)

The Board shall be appointed by the Minister and shall be

composed as follows

(a)

three (3) public employees;

(b)

seven (7) members, hereinafter referred to as the

"independent members", shall be chosen from amongst persons

of known integrity and with knowledge of and experience in

(i)

private business operations as nominated

by bodies representing small and medium enterprises

and, or commerce in general; and

(ii)

matters relating to the functions of the

authority, for the purposes of good governance; and

(c)

one (1) member nominated by the Minister

responsible for health

Provided that, except for the member referred to in sub-

article (2)(c), the Minister may revoke any appointment to the Board

on grounds of disability to perform their functions, bankruptcy or

disqualification due to reasons referred in sub-articles (5) and (7) or

due to neglect of duty, and in so doing he shall provide his reasons in

writing to the Board

FOOD SAFETY AND SECURITY AUTHORITY

Provided further that three members of the Board shall have

the experience or qualifications in matters related to agriculture,

fisheries, veterinary services and environmental health.

(3)

The Chairperson and the other members of the Board shall

hold office for a period of three (3) years

Provided that the members so appointed may be reappointed

upon the expiration of each term of office.

(4)

The Minister may designate one (1) of the members of the

Board, other than the Chairperson, as Deputy Chairperson and the

member so designated shall have all the powers and perform all the

functions of the Chairperson during the Chairperson’s absence or

inability to act as Chairperson or during any vacancy in the office of

the Chairperson.

(5)

A person shall not be qualified to hold office as a member of

the Board if he

(a)

is a member of the House, the European

Parliament or of a Local Council, or a candidate for election to

the House, to the European Parliament or to a Local Council;

(b)

is a judge or magistrate;

(c)

has a financial or other interest in any enterprise

or activity which is likely to affect, in a general manner, the

discharge of his functions as a member of the Board;

(d)

is legally incapacitated or interdicted;

(e)

has been declared bankrupt or has made a

composition or arrangement with his creditors;

(f)

is subject to a disqualification order in accordance

with article 320 of the Companies Act or is subject to black

listing as provided in the Public Procurement Regulations; or

(g) has been convicted of a criminal offence affecting

public trust, of theft, fraud, of knowingly receiving property

obtained by theft or fraud, bribery, money laundering, of a

criminal offence under any law, or is being investigated for

such criminal offences.

(6)

Subject to the provisions of this article, the office of a

member of the Board shall become vacant

(a)

at the expiration of his term of office;

(b)

if any circumstances arise that, if he were not a

member of the Board, would cause him to be disqualified for

appointment as such; or

(c)

if the appointment is revoked by the Minister

according to sub-article (2).

(7)

A member of the Board may only be removed from office

by the Minister for any one (1) or more of the following reasons

(a)

if the member, due to infirmity of mind or body or

for any other cause, is effectively unable to continue to

discharge his duties as a member;

(b)

if the behaviour or performance of the member

brings into question his suitability or ability to continue as a

member, in particular for behaviour that affects or may affect

his reputation, independence or autonomy, or the reputation,

independence or autonomy of the Authority;

(c)

one of the reasons for the revocation of the

appointment according to sub-article (2); or

(d)

if any member fails to perform his duties for a

continuous period exceeding six (6) months without any valid

justification.

(8)

If the Minister removes a member of the Board from office,

such removal shall be made public by not later than the effective date

of removal from office. At the same time, the Minister shall provide

the member concerned with the reasons for his removal, and the

member shall have the right to request that the reasons for his removal

be made public, in which case the Minister shall publish such reasons.

(9)

All members of the Board may resign by letter addressed to

the Minister. If a member resigns or if the office of a member of the

Board is otherwise vacant or if a member is for any reason unable to

perform the functions of his office, the Minister may appoint a person

who is qualified to be appointed to be a temporary member of the

Board, and any person so appointed shall cease to be such a member

when a person has been appointed to fill the vacancy or, as the case

may be, when the member who was unable to perform the functions of

his office resumes those functions.

(1)

The Authority shall have the following functions

(a)

to implement the European Union’s strategies or

policies as provided in the legislation of the European Union;

(b)

to perform and succeed in the functions, assets,

rights, liabilities and obligations of those entities of the public

administration which at the time of the coming into force of this

Act acted as competent authorities for their particular sectors or

parts thereof, as may be prescribed by the Minister by

FOOD SAFETY AND SECURITY AUTHORITY

Government notice in the Gazette;

(c)

to formulate, implement and enforce a national

policy on food, which in particular may include policies so as

to

(i)

enhance food safety by centralising and

streamlining food safety controls so as to ensure that

food placed on the market is safe for human

consumption;

(ii)

ensure the security of food supply by

doing all that is necessary to enhance the resilience and

security of food systems in Malta, including the

diversification of food supply chains and the

strengthening of local food production and generally the

availability of food in Malta so as to be able to sustain

the population in times of crisis; and

(iii) foster food sustainability by promoting

sustainable food practices according to economic, social

and environmental indicators;

(d)

to prepare contingency plans against potential

hazards along the entire food chain by adopting a risk-based

approach in line with the policies in paragraph (c);

(e)

to issue licenses or other authorisations to

operators and establishments involved in the production,

processing and, or marketing or other offering of food for

human consumption;

(f)

to carry out and, or commission surveys, studies,

assessments, investigations, audits, monitoring on any matter

relating to food systems regulated by or under this Act;

(g)

to promote sustainable food systems regulated by

or under this Act;

(h)

to effectively apply the precautionary principle

when a significant risk to the public is identified or reasonably

suspected;

(i)

to administer an efficient and effective system for

administrative assistance, rapid alert, product recall and product

withdrawal in order to protect the public from any risk that may

have been identified or suspected with respect to products

already available to the public, as well as to effectively act

against any episode of food fraud or of any illicit act affecting

matters regulated by this Act, and in accordance with any

applicable obligation under national or EU law as in force from

time to time;

(j)

to provide information and issue guidelines to the

public and to commercial and other entities on matters relating

to food;

(k)

to collaborate and engage with all interested

parties in relation to food and act as a catalyst to foster a unified

national approach with the aim of strengthening food security,

food safety and the sustainability and the quality of food

systems in Malta;

(l)

to ensure that national and international

obligations relative to the matters regulated by or under this Act

are entered into force and complied with;

(m) to ensure that proper records and registers are

kept to ensure that the persons responsible for any food item are

identified and regulated;

(n)

to assess, investigate, audit, monitor, and take

action on any food business, activity, intervention, project,

operation or land use that may have an effect on food;

(o)

to generally act to implement, coordinate and

supervise all food control actions as initiated by itself or by any

other public body;

(p)

to monitor the enforcement of any relevant

legislation, standards and practices in relation to food

businesses, food premises, and persons operating in the food

business;

(q)

to advise the Minister on international legislation

and on the formulation of national policy in relation to matters

regulated by this Act and on matters having a bearing on this;

(r)

to advise the Minister on any matter connected

with its functions under this Act, on its own initiative or upon a

specific request by the Minister;

(s)

to perform such other functions as may from time

to time be assigned to it by the Minister by regulations

according to article 32; and

(t)

to carry out such other functions as may be

conducive to the better performance of its functions under this

Act.

(2)

In carrying out its functions under sub-article (1) the

Authority shall

FOOD SAFETY AND SECURITY AUTHORITY

(a)

seek to co-operate or to make arrangements with

other entities or persons to enable it to better implement or

monitor the implementation of and compliance with the

provisions of this Act;

(b)

establish long and short-term objectives and

strategies;

(c)

draft or advise the Minister on the drafting of

standards, guidelines and the making of regulations, plans and

policies under this Act as well as advise on the formulation and

implementation of contingency and emergency plans to ensure

food security, safety and, or quality and including the

implementation of all applicable European Union and, or

international obligations in Malta;

(d)

issue or withhold any authorisation or oversee

any assessment, monitoring or other action that may be required

by or under this Act and under such conditions as it may,

subject to any other provision of this or any other law, deem

necessary to control and manage activities having an impact on

food or which may potentially impact food security, safety and

quality;

(e)

monitor the quality and safety of food and for

such purpose establish indicators and methodologies, and

maintain and disseminate information related to food;

(f)

prepare and publish an annual report on the state

of food in Malta, inclusive of all that is required for Malta to

comply with reporting obligations under European Union and

international law;

(g)

for the purposes of this Act and for fulfilling its

functions, it may require, gather and process data, inclusive of

personal data, from any person and, or body;

(h)

perform such other functions as may from time to

time be assigned to it by the Minister, including the functions

required to give effect to any international obligation, including

European Union obligations and bilateral agreements entered

into by Malta on matters regulated by this Act.

(3)

The Authority may also exercise all powers of supervision,

assessment, monitoring and control of any object that may become or

be used in food or for the production, preparation, processing,

transportation or marketing of food or any object as referred

Provided that such powers may be applied at any stage of

the production, transportation and, or marketing of food and, or of any

object as referred in this sub-article.

(4)

The remit of the Authority shall be deemed to include all

functions and responsibilities of any relevant authority under whose

remit the Acts and, or subsidiary legislation listed in the Schedule fall,

limitedly for food control purposes.

(5)

The Authority shall also ensure that it records an audit trail

of all its processes, including all documentation and reports.

(1)

The Authority shall appoint a Chief Executive

Officer after a public call. Such appointment shall be for a period of

three (3) years which may be extended for further periods of three (3)

years each.

(2)

The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Authority in the exercise of its

functions, and without prejudice to the generality of the foregoing, he

shall

(a)

develop the necessary strategies for the

implementation of the objectives of the Authority as provided

under this Act or as indicated by the Board;

(b)

advise the Authority on any matter it may refer to

him or on any matter on which he considers his advice

necessary or expedient; and

(c)

carry out such other functions and duties as the

Board may assign to him from time to time.

(3)

The Chief Executive Officer shall, at the request of the

Board, attend the meetings of the Board but shall not vote at such

meetings.

(4)

The Chief Executive Officer may be dismissed by the Board

at any time for a just cause, and it shall be deemed to be a just cause if

the Board determines that he has not achieved the targets and

objectives set for him by the Board.

(1)

The meetings of the Board shall be called by the

Chairperson as often as may be necessary and at least once a month,

either on his own initiative or at the request of any two (2) of the other

members of the Board.

(2)

The Board may act notwithstanding any vacancy among its

members.

(3)

Half the number of members constituting the Board shall

form a quorum. The decisions of the Board shall be adopted by a

majority of votes of members present and voting.

(4)

The Chairperson shall have an original vote and, in the

event of an equality of votes he shall also exercise a casting vote.

FOOD SAFETY AND SECURITY AUTHORITY

(5)

The Board shall appoint an officer to act as a secretary to the

Board for such period and as the Board may deem appropriate

Provided that the secretary shall not be a member of the

Board

Provided further that the secretary shall have the duty of

calling meetings of the Board and keep the respective minutes thereof

and assume such other duties as the Chairperson may assign to him.

(6)

Without prejudice to the provisions of this Act, the Board

may regulate its own procedure.

(7)

The Authority shall transmit a copy of the agenda, minutes

and relative annexes of its meetings to the Minister for his

information.

(1)

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions, such officers and

employees of the Authority as may from time to time be necessary for

the due and efficient discharge of the functions of the Authority.

(2)

The Authority may, with the approval of the Minister given

after consultation with the Minister responsible for finance, establish a

scheme, whether by contributory or non-contributory arrangements or

both, for the payment of pensions, gratuities and other like benefits to

its officers or their dependants on the retirement, death or injury of

said officers.

(3)

Officers of the Authority shall be considered to be

authorised officers according to the Food Safety Act and may exercise

mutatis mutandis any such powers that the said Act provides for

authorised officers, in addition to any power and responsibility

provided for by this Act

Provided that, without prejudice to the generality of the

foregoing, the Board and the officers of the Authority may exercise

mutatis mutandis any of the powers provided according to articles 20,

21 and 24 to 33 of the Food Safety Act.

(4)

All officers of the Authority shall be bound by the code of

ethics applicable to public officers according to the Public

Administration Act.

(5)

The provisions of sub-articles (3) to (4) shall apply to all

officers of the Authority, inclusive of officers detailed or employed

according to articles 10 and 11

Provided that this does not apply to persons engaged

according to article 13.

(1)

The Prime Minister may, from time to time, order

that any public officer or public employee shall be detailed for duty

with the Authority in such capacity and with effect from such date as

may be specified in the Prime Minister’s order.

(2)

The period during which an order as aforesaid shall apply to

any public officer or public employee specified therein shall, unless

the public officer or public employee retires from the public service, or

otherwise ceases to hold office or employment at an earlier date, or

unless a different period is specified in such order, end on the

occurrence of any of the following events

(a)

the acceptance by such public officer or public

employee of an offer of transfer to the service of, and

permanent employment with, the Authority made in accordance

with the provisions of article 12; or

(b)

the revocation of such order by the Prime

Minister.

(3)

When an order as aforesaid is revoked by the Prime Minister

in relation to any public officer or public employee, the Prime Minister

may, by further order, detail such public officer or public employee for

duty with the Authority in such capacity and with effect from such

date as may be specified in the Prime Minister ’s order, and the

provisions of sub-article (2) shall thereupon apply to the period of

duration of such detailing as may be made by any such further order in

relation to such public officer or public employee.

(1)

Where any public officer or public employee is

detailed for duty with the Authority, such public officer or public

employee shall, during the time in which such order has effect in

relation to him, be under the administrative authority and control of

the Board but he shall for all intents and purposes remain and be

considered and treated as a public officer.

(2)

Without prejudice to the generality of the foregoing, a

public officer or public employee detailed for duty as aforesaid

(a)

shall not during the period in respect of which he

is so detailed

(i)

be precluded from applying for a transfer

to any department of the Government in accordance with

the terms and conditions of service attached to the

appointment held by him under the Government on the

date on which he was so detailed for duty; or

(ii)

receive remuneration and be subject to

conditions of service which are less favourable than

those attached to the appointment under the Government

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held by him on the date aforesaid or which would have

become attached to such appointment during the said

period, had such public officer not been detailed for duty

with the Authority; and

(b) shall have the right to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pensions Act and for

the purpose of any other right or privilege to which he would

have been entitled, and liable to any liability to which he would

have been liable, but for the fact of his being detailed for duty

with the Authority.

(3)

Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4)

The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by a public officer or public employee detailed for duty with

the Authority as aforesaid and for such period in which he is so

detailed.

(1)

The Board may, upon advice of the Chief Executive

Officer and with the approval of the Prime Minister, offer permanent

employment with the Authority to any public officer or public

employee detailed for duty with the Authority under any of the

provisions of article 10 at a remuneration and on such terms and

conditions as established by the Authority.

(2)

Every public officer or public employee who accepts

permanent employment with the Authority offered to him under the

provisions of sub-article (1) shall, for all purposes other than those of

the Pensions Ordinance and of the Widows’ and Orphans’ Pensions

Act, be deemed to have ceased to be in service with the Government

and to have entered into service with the Authority on the date of his

acceptance, and for the purposes of the said Ordinance and of the said

Act, so far as applicable to him, service with the Authority shall be

deemed to be service with the Government within the meanings

thereof respectively.

(3)

Every such public officer or public employee as aforesaid

who, immediately before accepting permanent employment with the

Authority, was entitled to benefit under the Widows and Orphans’

Pensions Act, shall continue to be so entitled to benefit thereunder as if

his service with the Authority were service with the Government.

(4)

The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by a public officer or public employee who has accepted

permanent employment with the Authority as aforesaid and for the

period commencing on the date of such public officer’s or public

employee’s acceptance.

(5)

In the case of a public officer or public employee detailed

for duty with the Authority and who subsequently accepts permanent

employment with the Authority the foregoing provisions shall apply

subject to the following provisions of this article.

(6)

For the purposes of the Pensions Ordinance the pensionable

emoluments on retirement of any public officer or public employee to

whom sub-article (5) applies shall be deemed to be the pensionable

emoluments payable to a public officer or public employee in

Government service classified in the closest corresponding grade and

at an incremental level corresponding to the post occupied and

incremental level on the date on which the public officer or public

employee retires from the Authority.

(7)(a) The classification referred to in sub-article (6) shall be

carried out by a board composed of a chairperson appointed by the

Minister responsible for finance and two (2) other members, one (1)

appointed by the Minister responsible for personnel policies in general

in the public service and one (1) appointed by the Minister responsible

for the Authority

Provided that the classification shall be subject to the final

approval of the Minister responsible for finance.

(b)

Such classification shall take place within three (3) months

of any adjustment of salaries of employees in Government service and,

or of employees of the Authority.

(c)

Without prejudice to article 113 of the Constitution, no

person may following a classification as aforesaid, be entitled to

rights, under the said Pensions Ordinance, which are less favourable

than those to which he would have been entitled prior to such

classification.

The Authority may engage such consultants or advisers, as

it may consider necessary to assist it in the exercise of its functions.

(1)

The Authority may exercise any power or fulfil any

responsibility granted in the legislation listed in the Schedule, jointly

with the responsible entity according to the relevant legislation as

necessary and as the Authority may decide.

(2)

The Authority may also delegate any of its powers to any

relevant authority but it shall retain a supervising or coordinating role

over its delegate.

FOOD SAFETY AND SECURITY AUTHORITY

(3)

The Minister may by regulations amend the list of

legislative Acts found in the Schedule.

(4)

Any personal data gathered according to this article shall be

processed according to article 18.

(5)

Without prejudice to any provision of this article, the

provisions of articles 5 to 7 of the Coordination of Government

Inspections Act shall apply mutatis mutandis to this Act in respect of

the authorities relevant to the legislation listed in the Schedule and any

powers therein provided shall be exercised by the Authority for the

purposes of this Act

Provided that when the Authority exercises powers

according to this sub-article the provisions of article 8(2) of the

Coordination of Government Inspections Act shall apply mutatis

mutandis for the Authority in respect of any data held by the

authorities relevant to the legislation listed in the Schedule

Provided further that this sub-article shall be without

prejudice to the powers of the Inspections Coordination Office under

the Coordination of Government Inspections Act.

(1)

The Authority may make and issue public statements

identifying and giving warnings or providing any information about

any of the following

(a)

food or food sources that are harmful to health or

unfit for human consumption;

(b)

the supply of food or food sources, by whosoever

supplied, which are or which may potentially cause harm to

health or which are unfit for human consumption, and the

persons engaged in the supply of such food or food sources;

(c)

practices conducted in relation to any food

business, which are detrimental to the interests of the public

and, or the persons who engage in such practices; and

(d)

any other matter that adversely affects or may

adversely affect human health in connection with the

acquisition or use of food or food sources.

(2)

The Authority may require any holder of information

relative to food to provide it with any information, including financial

information that the Authority considers necessary for the purpose of

ensuring compliance with any of the provisions of this Act, regulations

prescribed thereunder and any decision, order, instruction or directive

given in accordance with this Act or according to regulations

prescribed thereunder or according to any other law which the

Authority is entitled to enforce.

(3)

The Government, the Authority and any of its officers

acting on the instructions or authority of the Authority, shall not be or

become liable for any acts done in good faith according to this article

Provided that such exemption from liability shall extend to

all persons publishing, printing, recording, broadcasting,

communicating or reproducing such information in any form

whatsoever.

(1)

When the Superintendent of Public Health receives a

notification, or on becoming aware of a suspected or confirmed

foodborne illness, or when the said Superintendent has reasonable

grounds to suspect the existence of a foodborne illness, he shall, when

deemed appropriate, notify the Authority to carry out its investigation in

accordance with the powers conferred to it by this Act or any other law

Provided that during all stages of the investigation, the

Authority shall keep the Superintendent of Public Health informed on all

developments, including the outcome of the investigation.

(2)

The Authority shall notify the Superintendent of Public

Health when it is informed or on becoming aware of facts which may

lead to, or constitute a foodborne illness, for the Superintendent to

carry out its own investigation.

(3)

The Authority and the Superintendent of Public Health shall

establish a cooperation policy to ensure protection against foodborne

illnesses and for safeguarding public health.

The Authority may establish laboratories to assist it in its

functions and to fulfil any other purpose in accordance with this Act

Provided that for all intents and purposes at law, such

laboratories may also be used for other purposes for which they are

technically competent for

Provided further that the Minister may by regulations

establish and, or indicate particular laboratories for specific purposes.

(1)

The provisions of this Act or any regulations made

thereunder shall not prejudice the applicability of Regulation (EU)

2016/679 and of the Data Protection Act, including the regulations

made thereunder, and the fundamental rights and freedoms of the data

subjects.

(2)

The Authority when acting in its capacity of controller in

accordance with Article 4(7) of Regulation (EU) 2016/679 shall

perform the relevant data processing operations which are limited to

the extent necessary and proportionate to the objectives pursued by the

Authority.

(3)

For the purposes of this Act, the processing of personal data

FOOD SAFETY AND SECURITY AUTHORITY

shall fully comply with all the principles relating to the processing of

personal data according to Article 5 of Regulation (EU) 2016/679.

(4)

The Authority, whilst taking into account the nature, scope,

context and purposes of processing, as well as the risks of varying

likelihood and severity for the rights and freedoms of the data subjects,

at the time of the determination of the means for processing as well as

at the time of processing itself, shall implement appropriate technical

and organisational measures in an effective manner and integrate the

necessary safeguards into the processing, in order to protect the rights

of the data subjects and to ensure a level of security appropriate to the

risk.

(5)

For the purposes of ensuring and to be able to demonstrate

compliance with the principles relating to the processing of personal

data, the Authority shall implement the appropriate data protection

policies, which policies shall be periodically reviewed and updated

where necessary.

(6)

The data protection officer designated by the controller in

accordance with Article 37(1)(a) of Regulation (EU) 2016/679 shall be

involved and consulted in a timely manner on all issues in relation to

the protection of personal data processed for the purposes of this Act.

The Authority shall be governed by the provisions of the

Public Finance Management Act.

(1)

Without prejudice to the following provisions of this

article, the Authority shall so conduct its affairs so that much of the

expenditure required for the proper performance of its functions shall,

as far as practicable, be dispensed out of its revenue.

(2)

For the purposes of sub-article (1), the Authority shall levy

all fees, charges and other payments prescribed or deemed to be

prescribed by, or under this Act, or any other law providing for matters

falling under the powers and functions of the Authority, in consultation

with the Minister responsible for finance.

(3)

The Authority shall also be paid by the Government out of

the Consolidated Fund such amounts as the House of Representatives,

hereinafter referred to as the "House", may from time to time authorise

to be appropriated to satisfy any of its expenditure that cannot be

satisfied of its revenue and the costs of specified works to be continued

or otherwise carried out by it, being works of infrastructure or of a

similar capital nature.

(4)

Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by the

Authority to the formation of reserve funds to be used for its purposes

and without prejudice to the generality of the powers given to the

Minister by this sub-article, any directive given by the Minister as

aforesaid may order the transfer to the Government, or the application

in such manner as may be specified in the directive, of any part of the

fees, charges and other payments levied in accordance with sub-article

(2) or any such excess as aforesaid.

(5)

Any funds of the Authority not immediately required to

satisfy expenditure may be invested in such manner as may from time

to time be approved by the Minister.

(1)

For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of the

Minister, given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and in accordance with such terms and conditions as

the Minister, after consultation as aforesaid, may in writing approve.

(2)

The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such amounts as it may require for carrying

out its functions under this Act

Provided that for any amount in excess of one hundred and

twenty thousand euro (€120,000), the approval of the Minister shall be

required in writing.

The Minister responsible for finance may, after consultation

with the Minister, make advances to the Authority of such amounts as

he may agree to be required by the Authority for carrying out any of its

functions under this Act, and may make such advances on such terms

and conditions as he may, after consultation as aforesaid, deem

appropriate

Provided that any such advance may be made by the

Minister responsible for finance out of the Consolidated Fund, and

without further appropriation other than under this Act, by warrant

under his hand authorising the Accountant General to make such

advance.

(1)

The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate and any amounts due in respect

of, or in connection with any such loan or liability shall be a charge on

the Consolidated Fund.

(2)

Notice in writing of any loans, liabilities or advances made

or incurred under the foregoing provisions of this article shall be laid

on the Table of the House as soon as practicable.

(3)

Pending the raising of any such loan as is mentioned in sub-

article (1), or for the purpose of providing the Authority with working

FOOD SAFETY AND SECURITY AUTHORITY

capital, the Minister responsible for finance may, by warrant under his

hand, and without further appropriation other than under this Act,

authorise the Accountant General to make advances to the Authority

out of the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4)

The proceeds of any loan raised for the purposes of making

advances to the Authority and any other monies to be advanced to the

Authority in accordance with this article, shall be paid into a fund

specially established for the purpose and which shall be known as the

"Food Safety and Security Loan Fund".

(5)

Amounts received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

under sub-article (3) shall be paid into the Treasury Clearance Fund

and amounts received by the Accountant General by way of interest on

such advances shall be paid into the Consolidated Fund.

(1)

The Authority shall cause to be prepared in every

financial year, and shall not later than four (4) weeks before the end of

such year adopt estimates of the income and expenditure of the

Authority for the following financial year distinguishing, in particular,

income and expenditure for each of its functions as may be

practicable

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2)

In the preparation of such estimates, the Authority shall take

account of any funds and other monies that may be due to be paid to it

out of the Consolidated Fund during the relevant financial year,

whether by virtue of this Act, or of an appropriation Act, or of any

other law and it shall so prepare the said estimates as to ensure that its

total revenues are at least sufficient to satisfy all amounts properly

chargeable to its revenue account including, but without prejudice to

the generality of that expression, depreciation.

(3)

The estimates shall be made out in such form and shall

contain such information and such comparison with previous estimates

as the Minister responsible for finance may direct.

(4)

A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister and to the

Minister responsible for finance.

(5)

The Minister shall, at the earliest opportunity and not later

than six (6) weeks after he has received a copy of the estimates from

the Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

(1)

No expenditure shall be made or incurred by the

Authority unless provision therefor has been made in the estimates

approved as provided in article 24.

(2)

Notwithstanding the provisions of sub-article (1)

(a)

until the expiration of six (6) months from the

beginning of a financial year, or until the approval of the

estimates for such year, whichever is the earlier date, the

Authority may make or incur expenditure for carrying on its

functions under this Act not exceeding in the aggregate one half

of the amount approved for the preceding financial year;

(b)

expenditure approved in respect of a head or sub-

head of the estimates may, with the approval of the Minister,

given after consultation with the Minister responsible for

finance, be made or incurred in respect of another head or sub-

head of the estimates;

(c)

in respect of the first financial year, the Authority

may make or incur expenditure until the approval of the

estimates for such year not exceeding in the aggregate such

amounts as the Minister responsible for finance may, after

consultation with the Minister, allow; and

(d)

if in respect of any financial year it is found that

the amount approved in the estimates is not sufficient or a need

has arisen for expenditure for a purpose not provided for in the

estimates, the Authority may adopt supplementary estimates for

approval by the Minister, and in any such case, the provisions

of this Act applicable to the estimates shall as much as such is

practicable apply mutatis mutandis to the supplementary

estimates.

The Minister shall, at the earliest opportunity and not later

than eight (8) weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during that

period the House is not in session, within eight (8) weeks from the

beginning of the next following session, cause such estimates to be

laid on the Table of the House.

(1)

The Authority shall ensure that proper accounts and

other records are kept in respect of its operations and shall cause a

statement of accounts to be prepared in respect of each financial year.

FOOD SAFETY AND SECURITY AUTHORITY

(2)

The accounts of the Authority shall be audited by an auditor

to be appointed by the Authority with the concurrence of the Minister

responsible for finance and shall moreover be subject to scrutiny by the

Ministry responsible for finance, and audit by the Internal Audit and

Investigations Directorate established by the Internal Audit and

Financial Investigations Act and the Auditor General who shall, for this

purpose, have all the powers established in the Auditor General and

National Audit Office Act, as the case may be.

(3)

The Authority shall, by not later than six (6) weeks after the

end of each financial year present to the Minister, through the

Permanent Secretary, an audited statement of accounts together with a

copy of any report made by the auditors on such statement or on the

accounts of the Authority.

(4)

The Minister shall cause a copy of such statement and report

to be laid before the House by not later than six (6) weeks after their

receipt or, in cases where the House is not in session, by not later than

the second week after the House resumes its sessions.

(1) All monies accruing to the Authority shall be paid

into banks appointed as bankers of the Authority by resolution of the

Authority. Such monies shall, as far as practicable, be paid into any

such banks from day to day, except such amount as the Authority may

authorise to be retained to satisfy petty disbursements and immediate

cash payments.

(2)

All payments out of the funds of the Authority, other than

petty disbursements not exceeding an amount fixed by the Authority,

shall be made by such officer of the Authority as it shall appoint or

designate for such purpose.

(3)

Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as may

be appointed or designated by the Authority for such purpose and shall

be countersigned by the Chairperson or such other member or officer

as may be authorised by the Authority for such purpose.

(4)

The Authority shall also make provision with respect to

(a)

the manner in which and the officer by whom

payments are to be authorised or approved;

(b)

the title of any account held with the banks into

which its monies are to be paid, and the transfer of funds from

one account to the other; and

(c)

the method that shall be adopted in making

payments out of its funds, and generally with respect to any

matter which is relevant to the proper keeping and control of

the accounts and books and the control of its finances.

The Authority shall not award or enter into any contract for

the supply of goods or materials or for the execution of works, or for

the rendering of services to, or for the benefit of the Authority, except

in accordance with the Public Finance Management Act and any

regulations made thereunder.

(1)

The Authority shall, by not later than six (6) weeks

after the end of each financial year, present to the Minister, through the

Permanent Secretary, a report dealing generally with the activities of

the Authority during that financial year and containing such

information relating to the proceedings and policy of the Authority as

the Minister may from time to time require.

(2)

The annual report referred in sub-article (1) shall be made

available to the public.

The Minister shall cause a copy of the report presented to

him in terms of article 30 to be laid on the Table of the House not later

than six (6) weeks after its receipt or, where the House is not in

session, not later than the second week after the House resumes its

sessions.

(1)

The Minister may make regulations for the better

carrying into effect of the purposes of this Act.

(2)

In particular, and without prejudice to the generality of sub-

article (1), such regulations may provide for

(a)

anything which is to be or may be prescribed

under this Act;

(b)

without prejudice to sub-article (3), the transfer of

competences, responsibilities, powers, assets, liabilities and any

other right or obligation held by other entities of the public

administration in relation to food, and anything conducive or

related thereto with the aim of centralising under the

responsibility of the Authority any existing role and, or function

related to food safety, food security and, or food quality,

inclusive of licensing, certification and regulation;

(c)

the licensing or other authorisation of operators

and establishments involving food and its production,

processing and, or marketing or other offering for human

consumption;

(d)

anything relating to the supervision, control and

enforcement on food, food business and food premises;

(e)

anything relating to food control;

(f)

the levying of any fees, dues or other charges for

anything done according to this Act;

FOOD SAFETY AND SECURITY AUTHORITY

(g)

the compensation due to any person for any

activity relating to food control, without prejudice to any right

of compensation according to any other law;

(h)

the regulation of pesticides related to food, when

not specifically provided for under the Pesticides Control Act;

(i)

the implementation and compliance with any

international and, or European Union obligation as applicable

to Malta in relation to food; and

(j)

the effective monitoring, regulation and

sanctioning against episodes involving deceptive practices in

relation to food and against food fraud.

(3)

Any regulations providing for any transfer to the Authority

of competences, responsibilities, powers, assets, liabilities and any

other right or obligation as referred in sub-article (2), from any other

entity of the public administration, shall be made with the concurrence

of the Prime Minister.

(4)

The Minister may by regulations establish the manner in

which the proceedings of the Authority shall be regulated.

(5)

Without prejudice to sub-article (1), the Minister may by

regulations prescribe offences, punishments, penalties, measures and,

or proceedings, for any provision of this Act and any subsidiary

legislation made thereunder.