Official Control of Foodstuffs Rules, 2005

L.N. 313 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Official Control of Foodstuffs Rules, 2005

IN exercise of the powers conferred under articles 22 and 23 of

the Veterinary Services Act, 2001, the Minister for Rural Affairs and

the Environment has made the following rules>-

(1) The title of these rules is the Official Control of

Foodstuffs Rules, 2005.

(2) The scope of these rules is to implement the rules found

under European Union Council Directive 89#397#EEC of the 14 th June,

1989 on the official control of foodstuffs and in accordance with articles

22 and 23 of the Veterinary Services Act.

(3) These rules lay down the general principles for the

performance of official control of foodstuffs and shall apply without

prejudice to the provisions adopted in the context of more specific

Community rules, but shall not apply to metrological control.

For the purpose of these rules, unless the context otherwise

requires -

“Member State” means a State which is a Member within the

European Community<

“official control of foodstuffs”, or “control”, means an

inspection by the competent authority of the territory of Malta of

the compliance -

(i)

of foodstuffs<

(ii) of food additives, vitamins, mineral salts, trace

elements and other additives intended to be sold as such<

(iii) of materials and articles intended to come into

contact with foodstuffs<

with provisions aimed at preventing risks to public health,

guaranteeing fair commercial transactions or protecting consumer

interests, including provisions on consumer information.

“the Commission” means the European Commission.

“the Community” means the European Community as

established under the Treaty establishing the European Community<

“the competent authority for the territory of Malta” means

the Veterinary Services within the territory of Malta as provided

under article 2 of the Veterinary Services Act<

(1) The territory of Malta shall take all necessary measures Control to be

exercised.

to ensure that control is carried out in accordance with these rules.

(2) The territory of Malta shall ensure that products intended

for consignment to another Member State are inspected with the same

care as those intended for marketing in its own territory.

The territory of Malta shall not exclude a product from Products intended

for export.

appropriate control on the grounds that it is intended for export outside

the Community.

Inspections.

(1) Inspections shall be carried out -

(a)

regularly<

(b) where non-compliance is suspected.

(2) Inspections shall be carried out using means

proportionate to the end to be observed.

(3) Inspections shall cover all stages of production,

manufacture, import into the Community, processing, storage, transport,

distribution and trade.

(4) As a general rule, inspections shall be carried out without

prior warning.

(5) As a general rule, inspections shall, in each case, select

the stage or stages which it considers the most appropriate for its

examination from those listed in sub-rule (3) hereof.

Control shall comprise one or more of the following operations Control Operations.

in accordance with the conditions laid down in rules 7 to 10 and in the

light of the examination to be carried out -

(a)

inspection<

(b) sampling and analysis<

(c)

inspection of staff hygiene<

(d) examination of written and documentary material<

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

undertaking and of the results obtained.

(1) The following shall be subject to inspection -

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

enumerated in sub-rule 5 (3) of the site, premises, offices, plant

surroundings, means of transport, machinery and equipment<

(b) raw materials, ingredients, technological aids and other

products used for the preparation and production of foodstuffs<

(c)

semi-finished products<

(d) finished products<

(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<

(i) preserving methods.

(2) The operations enumerated in sub-rule (1) may, where

necessary, be supplemented by -

(a) interviews with the head of the inspected undertaking

and with persons working for that undertaking<

(b) the reading of values recorded by measuring instruments

installed by the undertaking<

(c) inspections carried out by the competent authority for

the territory of Malta, with its own instruments, of measurements

taken with the instruments installed by the undertaking.

(1) Samples of the products listed in rule 7 (1) (b) to (f) may Analysis of

samples.

be taken for the purposes of analysis. The territory of Malta shall take

the necessary steps to ensure that those subject to inspection may apply

for a second opinion.

(2) The analyses shall be carried out by official laboratories.

The territory of Malta may also empower other laboratories to carry out

these analyses.

Persons who, in the exercise of their activity, come into contact, Hygiene inspection.

whether directly or indirectly, with the materials and products referred

to in rule 7 (1) (b) to (f) shall be subject to the hygiene inspection referred

to in rule 6 (c). The purpose of this inspection shall be to check that the

health standards concerning personal cleanliness and clothing are

respected. It shall be carried out without prejudice to medical

examinations.

(1) Inspectors may take note of written and documentary Inspectors.

material held by the natural and legal persons at the various stages listed

in rule 5 (3).

(2) Inspectors may also make copies or take extracts of

written and documentary material submitted to them for examination.

Where inspectors discover or suspect an irregularity, they Suspected

irregularity.

shall take the requisite measures.

(1) The territory of Malta shall ensure that inspectors have Security of

inspection.

the right to carry out the operations provided for in rules 7 to 10.

(2) The territory of Malta shall prescribe that the natural

and legal persons concerned shall be obliged to undergo any inspection

carried out in accordance with these rules and to assist inspectors in the

accomplishment of their tasks.

(1) The territory of Malta shall take the measures necessary Right of appeal.

to ensure that natural and legal persons concerned by the inspection

have a right of appeal against measures taken by the competent authority

for the territory of Malta for the purpose of inspection.

(2) The territory of Malta shall prescribe that inspectors shall

be bound by professional secrecy.

(1) The competent authority for the territory of Malta shall

draw up forward programmes laying down the nature and frequency of

the inspections to be carried out regularly in accordance with rule 5 (1)

(a) over a specific period.

(2) By the 1 st May of each year the territory of Malta shall

send to the Commission all the necessary information on implementation

during the previous year of the programmes referred to in sub-rule (1),

specifying -

(a)

the criteria applied in drawing up these programmes<

(b) the number and type of inspections carried out<

(c)

the number and types of infringements established.

(3) By the 16 th October of each year, the Commission shall

transmit to the territory of Malta, after having consulted it within the

framework of the Standing Committee for Foodstuffs, a recommendation

concerning a coordinated programme of inspections for the following

year. This recommendation may be subsequently adjusted as required

during implementation of the coordinated programme. The coordinated

programme shall set out in particular the priority criteria to be applied

in its implementation. The information provided for in sub-rule (2)

hereof shall contain a special, separate section on implementation of

the coordinated programme.

The territory of Malta shall communicate to the Commission

Naming of authority

the names of -

(a) the competent authority or authorities and the extent of

their territorial responsibility and functions<

(b) the official laboratory or laboratories authorized by the

competent authority for the territory of Malta, which are responsible

for carrying out analyses in connection with the control.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press