Control of Grain Storage Regulations, 2007

L.N. 8 of 2007

SUPPLIES AND SERVICES ACT

(CAP. 117)

Control of Grain Storage Regulations, 2007

IN exercise of the powers conferred by article 3 of the Supplies

and Services Act, the Minister for Competitiveness and Communications

has made the following regulations>-

(1) These regulations may be cited as the Control of Grain

Storage Regulations, 2007.

(2) The objective of these regulations is to regulate the

storage of grain in grain storage facilities in Malta and to ensure the

availability of grain for consumption or use on the Maltese market.

In these regulations>

“Director Plant Health” means the Director responsible for

plant health matters at the Ministry responsible for agriculture<

“grain” means barley, wheat, maize, or any other cereal<

“grain storage facility” means any grain storage facility as

the Minister may from time to time include in a Schedule to these

regulations and includes any place where the storage of grain is

provided as a service<

“health authority” means the public officer responsible for

public health in terms of the Department of Health (Constitution)

Ordinance or any law substituting the same<

“the Minister” means the Minister responsible for trade<

“operator” means any person or undertaking at any time

operating a grain storage facility<

“traceability” means the ability to trace and follow a

consignment, batch or lot of grain through all stages of production,

processing and distribution, and the term “traceable” shall have

the same meaning unless the context otherwise requires.

(1) The operator of a grain storage facility shall ensure that Duty

grain storage

storage facilities equivalent to a capacity as may be determined from facility.

time to time by the Minister shall be kept available in the grain storage

facility operated by him for the storage of grain destined for consumption

or use on the Maltese market.

(2) The operator of a grain storage facility shall ensure that

at all times, the storage of grain in such grain storage facility is carried

out in conformity with any and all relevant European Union and Maltese

legislation as may be from time to time in force, including but not

limited to, the Food Safety Act< the Plant Quarantine (Harmful Cap. 449.

Organisms) Regulations, 2004 and Regulation (EC) No 178#2002 of L.N. 97 of 2004.

the European Parliament and of the Council of 28 January 2002 laying

down the general principles and requirements of food law, establishing

the European Food Safety Authority and laying down procedures in

matters of food safety.

(1) Without prejudice to any other obligation to keep Records.

information or records under any other law, the operator of a grain

storage facility shall, separately with respect to each individual

consignment of grain for any time stored at the grain storage facility

operated by him , keep proper records of>

(a)

movements of each individual consignment of grain,

(b) the type of grain forming such consignment, and

(c)

the users of the grain storage facility.

(2) The records referred to in sub-regulation (1) above shall

be made available by the operator for inspection by the Minister or by

the Director Plant Health or by the health authority or by any officer as

may be authorized by any of them for the purpose.

(3) The operator shall also keep such other records

consisting of such information as may be required by the Minister or by

the Director Plant Health or by the health authority or by any officer as

may be authorized by any of them for the purpose of verifying the

traceability of grain delivered to, or transited from, a grain storage

facility.

The operator of a grain storage facility shall allow any officer Inspection.

authorized for the purpose by the Minister or by the Director Plant Health

or by the health authority to inspect the grain storage facility for the

purpose of verifying whether the provisions of these regulations are

complied with.

(1) The Minister may as he deems necessary regulate the

level of the storage tariffs of the grain storage facility determined by

the operator with a view to ensuring equitable conditions for the users.

(2) The Minister may give such Directives as he considers

necessary to any operator of a grain storage facility for the purpose of

ensuring that the provisions of these regulations are complied with.

Failure to comply with any directive made in terms of this regulation

shall constitute an offence against these regulations.

Any person who contravenes the provisions of these

regulations shall be guilty of an offence against these regulations.

Any person guilty of an offence against these regulations shall

on conviction by the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo) sitting as a Court of Criminal Judicature, be liable

to a fine (multa) of not less than one hundred liri but not exceeding one

thousand liri, or to a fine (multa) amounting to five times the profit

made by the offender as a result of the offence, whichever is the greater,

or to imprisonment for a period of not less than one month but not

exceeding six months, or to both such fine and such imprisonment.

Without prejudice to the penalties prescribed in regulation 8

hereof, the said Court, may, on the application of the prosecution, order

the cancellation or the suspension of any licence issued to any person

convicted under these regulations for the exercise of any trade or business

connected with the operation of a grain storage facility.

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