AGRICULTURAL PRODUCE (EXPORT) ORDINANCE * (export)

CHAPTER 85

AGRICULTURAL PRODUCE (EXPORT)

ORDINANCE *

To control the export of Agricultural Produce.

(18th January, 1935) †

ORDINANCE III of 1935, as amended by Ordinance XIX of 1935; Legal

Notice 4 of 1963; Acts: XI of 1972 and XIII of 1983; Legal Notice 408 of

2007; Act V of 2007; and Legal Notice 346 of 2008.

The short title of this Ordinance is the Agricultural

Produce (Export) Ordinance.

In this Ordinance unless the context otherwise requires -

"agricultural produce" or "product" means potatoes, onions,

cumin seed, and further includes any article whatever produced or

derived from farming operations or any horticultural product which

the Minister responsible for agriculture may, from time to time, by

notice in the Government Gazette, declare to be agricultural

produce for the purpose of this Ordinance;

"brand" means any stamp, mark or label used to distinguish

agricultural produce by concrete or visible sign;

"broker" and "exporter" include respectively the agent of any

broker or exporter;

"Director" means the Director of Agriculture;

"inspector" means a person generally or specifically designated

by the Director to examine or grade or both examine and grade

agricultural produce intended for export or to perform such other

duties as may be assigned to him under this Ordinance.

(1) No person may act as exporter of any agricultural

produce unless he is registered at the office of the Director who

shall issue a certificate of registration in that behalf.

(2) No person shall export or cause or permit to be exported, or

attempt to export from Malta, any agricultural produce for which

rules are made, unless and until such produce has been inspected,

or inspected, graded, packed and branded, as the case may be, in

the manner prescribed by this Ordinance or by such rules.

(1) No person shall export or cause or permit to be

exported, or attempt to export -

(a) agricultural produce intended for human consumption

which at the time of presentation for export is unfit for

such consumption; or

* This Ordinance has been repealed by Act XXXIII of 2023.

†See Proclamation No. II of the 18th of January, 1935.

(b) agricultural produce which, owing to its condition or

for any other reason, is unlikely to be brought to its

destination in a sound or good marketable state.

(2) The question whether any produce is or is not in such a

condition as would render it subject to the prohibition contained in

subarticle (1) shall be determined by the inspector according to the

instructions given generally or specifically by the Director.

(1) No person shall export or cause or permit to be

exported or attempt to export any product unless the places or

premises where such products are collected, prepared or stored, are

places or premises sanctioned by the Director as fit for such

purpose.

(2) The sanction given by the Director may be, at any time,

withdrawn by him if it appears that such places or premises are not

being kept in such a condition or do not possess such appurtenances

or facilities as will enable the person using them to comply with the

provisions of this Ordinance.

For the purposes of this Ordinance, every inspector and

any person generally or specially authorised in writing by or on

behalf of the Director, may at all reasonable times enter any

premises in which is kept or suspected of being kept for export any

agricultural produce and may examine any such premises or any

receptacle or package therein.

(1) No person may act as broker in agricultural produce

intended for export, for which rules are made, unless licensed for

that purpose by the Director.

(2) Every licensed broker shall be allotted a registration

number which shall be his official number for the purposes of this

Ordinance and of any rules made thereunder.

No broker may trade in his own name or on his own or

joint account, or in partnership with others, in agricultural produce

intended for export for which rules are made.

No person who is not a licensed public weigher may weigh

agricultural produce for export, and no person shall act as both

weigher and broker or as both weigher and exporter in respect of

the same agricultural produce intended for export.

(1) The Minister responsible for agriculture may make

rules to provide for the following matters relating to agricultural

produce intended for export, namely

(a) the inspection of agricultural produce intended for

export and the inspection of the premises in which

agricultural produce is prepared, manufactured or

otherwise dealt with;

(b) the time and place at which and the manner in which

notice of intention to export shall be given, the manner

of packing, the size, description, quality and material

of the receptacles, the weight of the contents and the

branding of such weight and of the receptacles;

(c) the time and place at which delivery of the product

shall take place on the wharves;

(d) the place and manner of storage, the conveyance, and

the treatment of any product;

(e) the inspection of agricultural produce, the fixing of

grades and of the general conditions under which

agricultural produce may be accepted for export, the

place and manner of inspection and of grading and

branding of any product and the manner in which

different designations or grades of agricultural

produce shall be branded or indicated whether on the

receptacle or on a certificate of the inspector or

otherwise;

(f)

the percentage which shall be inspected in any one

consignment;

(g) the limits of toleration in impurity and of variation of

standard sizes of products and packages, and the

maximum amount of moisture which may be present in

any agricultural produce intended for export;

(h) the specific designation under which any particular

kind of agricultural produce may be exported and the

definition of each such kind of produce;

(i)

the abstraction or removal of samples by an inspector

for examination, inspection, or analysis;

(j)

the circumstances under which different kinds of agri-

cultural produce may be accepted or rejected, and

degraded, regraded, or rebranded by an inspector after

examination and inspection;

(k) the circumstances under which and the conditions on

which any agricultural produce inspected and graded

may be withdrawn from shipment;

(l)

the forms of notices, certificates and licences and other

forms to be used or issued for the purposes of this

Ordinance;

(m) the issue, term of validity, and renewal of licences and

registration certificates under this Ordinance;

(n) the fees which shall be paid by exporters and brokers

for the issue or renewal of their registration

certificates and licenses as well as the fees to be paid

by exporters for inspection and for grading;

(o) the duties and functions of growers, brokers, weighers,

and exporters of agricultural produce for the purpose

of this Ordinance, and the commission payable to

brokers by exporters or growers;

(p) the payment to the director of any amount of money

due by exporters as the price of agricultural produce

and the repayment by the director to the growers of

such produce and to the brokers of their respective

share;

(q) the constitution of the Board of Reference mentioned

in article 18 and the fee to be deposited by the exporter

in connection with a reference to such Board; and

(r) generally for the better carrying out of the objects and

purposes of this Ordinance.

(2) Differing rules may be made under this article to apply to

different kinds of agricultural produce.

(3) No rule made under subarticle (1)(p) and nothing done or

omitted to be done thereunder shall render the Government liable

towards any grower of agricultural produce or towards any broker

in respect of any money due to them by any exporter of agricultural

produce unless such money has been collected by the Director.

Any licensed broker, who purchases, sells or otherwise

deals, in his own name, or on his own or joint account or in

partnership with others, and any person who acts as broker or

dealer in agricultural produce intended for export, for which rules

are made, without a licence from the Director shall, for each

offence be liable, on conviction, to a fine not exceeding forty-six

euro and fifty-nine cents (46.59).

Any registered exporter who purchases or otherwise trades

in agricultural produce intended for export otherwise than through

the agency of a licensed broker, and any person who exports,

causes or permits to be exported or attempts to export agricultural

produce, without being a registered exporter, shall for each offence

be liable, on conviction, to a fine not exceeding forty-six euro and

fifty-nine cents (46.59)

Provided that any registered exporter may buy agricultural

produce for export directly from the grower.

Any person who exports or causes or permits to be

exported or attempts to export any agricultural produce without the

provisions of this Ordinance having been complied with, shall for

each offence be liable, on conviction, to a fine not exceeding one

hundred and sixteen euro and forty-seven cents (116.47).

Any person who wilfully applies to agricultural produce

intended for export a certificate or label or warranty given in

relation to any other agricultural produce shall be guilty of an

offence, and liable, on conviction, to a fine not exceeding one

hundred and sixteen euro and forty-seven cents (116.47) or to

imprisonment for a term not exceeding three months.

Any person who resists or hinders an inspector in the

lawful exercise of his powers or duties under this Ordinance or any

rule issued thereunder shall be guilty of an offence and liable, on

conviction, to a fine not exceeding forty-six euro and fifty-nine

cents (46.59).

Any person who fails, within the time required by an

inspector, to remove any produce from any place of inspection or

shipment whenever such removal is so required shall be guilty of

an offence and liable, on conviction, to a fine not exceeding eleven

euro and sixty-five cents (11.65) for every day during which the

offence continues.

(1) Any person who contravenes any provision of this

Ordinance or of any rule issued thereunder, or makes default in

complying with any such provision with which it is his duty to

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

contravention or default, be liable, in the case of a first conviction,

to a fine not exceeding forty-six euro and fifty-nine cents (46.59),

and, in the case of a second or subsequent conviction, to a fine not

exceeding one hundred and sixteen euro and forty-seven cents

(116.47).

(2) The Director may withdraw any licence or certificate of

registration issued or renewed under this Ordinance, in any case in

which the holder of such licence or certificate has been found

guilty of an offence under this Ordinance.

(1) If an inspector refuses to pass for export any

consignment of produce, he shall forthwith give notice in writing to

the exporter stating the reason for his refusal: the exporter may

thereupon, in writing, require the inspector to refer the matter

immediately to the Administrative Review Tribunal established in

terms of article 5 of the Administrative Justice Act and the

provision of this Act shall apply to such an appeal, for decision as

soon as possible as to whether the produce should be passed for

export.

(2) The exporter may be present at any examination of his

produce by an inspector.

The Board of Reference shall respect and apply the

principles of good administrative behaviour laid down in article 3

of the Administrative Justice Act .

No action or other legal proceedings shall be taken against

the Government or any officer of the Government in respect of any

loss arising from the detention of produce or from its deterioration

on account of such detention for the purpose of inspection under

this Ordinance.