METHYLATED SPIRITS ORDINANCE

METHYLATED SPIRITS

CHAPTER 89

METHYLATED SPIRITS ORDINANCE

To regulate the importation, sale and disposal of Methylated Spirits.

(3rd July, 1936) *

ORDINANCE XV of 1936, as amended by Act XXXVII of 1955;

Ordinance XVI of 1960; Legal Notice 4 of 1963; Act XIII of 1983; and

Legal Notice 408 of 2007.

The short title of this Ordinance is the Methylated Spirits

Ordinance.

In this Ordinance -

"Industrial Methylated Spirits", "Gummed Methylated Spirits",

"Mineralised Methylated Spirits" and "Mineralised Methylated

Spirits (Domestic)" mean respectively the different kinds of

methylated spirits enumerated in article 3;

"officer" means officer of Customs and Excise or a member of

the Police Force;

"prescribed", "approved" and "authorized" mean respectively

prescribed, approved and authorized by the Comptroller of

Customs.

(1) Spirits shall be deemed to be Industrial Methylated

Spirits if to every ninety parts by volume of spirits, ten parts by

volume of wood naphtha have been added and to every one hundred

parts of the mixture, one-half of one part of crude pyridine has been

added.

(2) Spirits shall be deemed to be Gummed Methylated Spirits if

to every ten litres of Industrial Methylated Spirits not less than one

kilo of shellac or other approved resin has been added.

(3) Spirits shall be deemed to be Mineralised Methylated

Spirits if to every ninety parts by volume of spirits, nine and one-

half parts by volume of wood naphtha and one-half of one part of

crude pyridine have been added: provided, to every hundred litres

of the mixture thirty seven and one-half centilitres of mineral

naphtha (petroleum oil) and not less than one hundred and fifty-five

milligrams of powdered aniline dye (methyl violet) have been

added.

(4) Mineralised Methylated Spirits (Domestic) shall be deemed

to be Mineralised Methylated Spirits as described in subarticle (3)

except that the admixture of powdered anyline dye (methyl violet)

will have been omitted.

*See Proclamation No. XVII of the 3rd of July, 1936.

METHYLATED SPIRITS

Saving the provisions of any other law and the provisions

of articles 10 and 13, the importation, sale or disposal of

Mineralised Methylated Spirits, Mineralised Methylated Spirits

(Domestic) and Gummed Methylated Spirits is not subject to any

restriction.

No person shall import, keep for sale, sell or otherwise

dispose of Industrial Methylated Spirits without a licence from the

Comptroller of Customs, subject to such conditions as the

Comptroller may impose.

(1) No licensed dealer in Industrial Methylated Spirits

shall sell or deliver any such spirits except to persons authorized in

writing to receive the same and on production of such written

authority.

(2) The authority so produced shall be retained and filed by the

seller.

(1) Every dealer in Industrial Methylated Spirits must keep

an account of all purchases and sales of such spirits.

(2) Such accounts shall at all reasonable times be open to

inspection by any officer who may take any extract therefrom.

The Comptroller of Customs may authorize an apothecary,

on an application by him in the prescribed form, and subject to such

conditions as the Comptroller may prescribe, to sell Industrial

Methylated Spirits, in any quantity not exceeding two litres at a

time, to any medical practitioner, dentist, veterinary surgeon, or to

any hospital on a written order signed by a medical practitioner,

dentist or veterinary surgeon.

9 (1) The Comptroller of Customs may, subject to such

conditions as he may impose, authorize any person to receive

Industrial Methylated Spirits for use in any art or manufacture or

for any other approved purpose.

(2) Application for such authority shall be made in the

prescribed form.

(1) Il-Kontrullur tad-Dwana jista’, taħt dawk il-

kondizzjonijiet illi huwa jagħmel, jawtorizza persuna li tirċievi

Spirti Methylated Industrjali għall-użu f’arti jew manifattura jew

għal xi skop appruvat ieħor.

(2) It-talba għal din l-awtorizzazzjoni għandha ssir fil-formula

stabbilita.

Every drum or package containing methylated spirits shall

be distinctly numbered and marked with the quantity and

description of the methylated spirits contained therein.

The Minister responsible for Customs may, from time to

time, make, and when made, vary or repeal regulations for carrying

into effect the provisions of this Ordinance, as well as for

suspending the operation of this Ordinance, either absolutely or

conditionally, in regard to any Industrial Methylated Spirits which

may have been released for consumption in Malta before the

commencement of this Ordinance.

METHYLATED SPIRITS

(1) A fee of twelve cents (0.12) shall be charged for every

licence issued under article 5.

(2) Every such licence expires on the 31st day of December of

the year in which it is issued.

Every drum or package containing methylated spirits,

which is not numbered and marked as provided in article 10, shall,

at the discretion of the Comptroller of Customs, be liable to

forfeiture together with its contents.

(1) Every person who, in contravention of this Ordinance

or of any regulations made thereunder -

(a) imports, keeps, sells, retails or otherwise disposes of

any Industrial Methylated Spirits without a licence;

(b) is in any way knowingly concerned in any evasion or

attempt at evasion of the provisions of this Ordinance;

(c) obstructs any officer of Customs or other authorized

person in the execution of his duty under this

Ordinance, or in carrying into effect any provision of

this Ordinance or of any regulations made thereunder;

or

(d) aids, abets or assists in committing any of the

foregoing offences,

shall for every such offence be liable to a fine (multa) not

exceeding two hundred and thirty-two euro and ninety-four cents

(232.94) or to pay treble the value of the goods in respect on which

the offence is committed including the duty thereon, whichever is

the larger sum, and the offender may be detained or prosecuted by

summons, in the same manner or form, and subject to all other

provisions laid down in the Criminal Code.

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

otherwise disposes of any methylated spirit diluted with water or

adulterated with any liquid other than those mentioned in article

3(3) and in the proportions therein laid down, shall be guilty of an

offence under this Ordinance and shall be liable to a fine (multa) of

not less than eleven euro and sixty-five cents (11.65) but not

exceeding twenty-three euro and twenty-nine cents (23.29) in the

case of a first offence under this subarticle and in the case of a

second or subsequent offence under this subarticle of not less than

twenty-three euro and twenty-nine cents (23.29) but not exceeding

one hundred and sixteen euro and forty-seven cents (116.47), or, in

either case to a fine (multa) equal to three times the current retail

of the kind to which the offence relates, equal to that ascertained to

have formed the object of the offence, whichever is the larger sum.