Farmers’ Markets Regulations, 2011

L.N. 54 of 2011.

SUPPLIES AND SERVICES ACT

(CAP. 117)

Farmers’ Markets Regulations, 2011

IN exercise of the powers conferred by article 3 of the

Supplies and Services Act, the Minister of Finance, the Economy

and Investment, in consultation with the Minister for Resources

and Rural Affairs, has made the following regulations:-

The title of these regulations is the Farmers’ Markets

Regulations, 2011.

In these regulations, unless the context otherwise

requires:-

“the Act” means the Supplies and Services Act;

“agricultural marketing centre” means a marketing

centre established in terms of the Agricultural Marketing

Centres Regulations, 1975;

“applicant” means any person or entity applying for the

allocation of a stall to participate in a Farmers Market;

“the Director” means the Director responsible for

wholesale markets;

“farmer” means any person who cultivates, grows or

lands local agricultural produce;

“the Farmers’ Market” means a market established in

terms of regulation 3;

“imported agricultural produce” means any agricultural

produce which has not been cultivated or grown in Malta, or

fish not landed in Malta, or products not derived directly from

such local agricultural, animal husbandry or fisheries primary

produce;

“local agricultural produce” means any agricultural

produce which is cultivated or grown in Malta, or fish landed

in Malta, and shall include products derived directly from

such local agricultural, animal husbandry or fisheries primary

produce;

“street hawker” means a person licensed as a street

hawker under the Trading Licensing Regulations, 2006;

“Market Administration Unit” means the Unit authorised

by the Minister to organise and administer Farmers’ Markets;

“the Minister” means the Minister responsible for

agriculture;

“permit holder” means a person or entity in possession

of a permit to operate a stall within a Farmers’ Market;

“Producer Organisation” means an organisation set up

and duly recognised in terms of the Producer Organisations

Act;

“the Unit” means the Market Administration Unit.

(1) There shall be established Farmers’ Markets for the

marketing and sale of local agricultural produce by the farmer to

the consumer.

(2) Farmers’ Markets shall be established in

sites specifically identified for such purpose by the Unit after

consultation with the entity or entities having jurisdiction over such

site. The Director shall notify the establishment of new Farmers’

Markets with relevant site plans in the Gazette.

(3) Farmers’ Markets shall be kept open on such days

and at such times stipulated in terms of the First Schedule to these

regulations

Provided that the Farmers’ Markets may open at any

other time or day as the Director may fix from time to time and

notify in the Gazette.

(1) No person may operate a stall and participate in a

Farmers’ Market without a permit issued by the Unit.

(2) A permit issued in terms of these regulations shall

be associated with one specific stall within a particular Farmers’

(3) A permit issued in terms of these regulations

shall be valid until the 31st of December 2013. At the end of such

period, the permit shall be automatically revoked and a new call

for applications shall be issued by the Unit, with preference to be

given to previous permit holders.

(4) The annual fee leviable on every permit to

participate in a Farmers Market shall be of seventy euro (€70.00).

(5) The permit fee shall become due on the first day of

January of each year. The Director shall inform the permit holder

in writing that he shall have 45 days from such date within which

to pay the said fee.

(6) A permit issued by the Unit under this regulation

shall not exempt the holder thereof from compliance with any

requirement under any other law.

(7) The Director shall publish in the Gazette a list of

permit holders in possession of permits to operate stalls at each

Farmers’ Market once every six months. The Director shall keep

an updated record of such list and may publish it as often as may

be required.

Any person or entity who wishes to obtain a permit to Application for permit

operate a stall and participate in a Farmers’ Market shall submit to

a signed application to the Market Administration Unit on the

prescribed form contained in the Second Schedule hereto supplied

by the said Unit, containing, but not limited to, the following

information

(a) name of applicant;

(b) date;

(c) address;

(d) photocopy of I.D. card;

(e) certificate of Police Conduct;

(f) food handling certificate;

(g) VAT fiscal registration number;

(h) vehicle registration number;

(i) Producer Organisation registration number where

applicable;

(j) nomination of substitute and assistants where

applicable; and

(k) description of the agricultural produce intended to

be offered for sale by the applicant at the Farmers’ Market.

Only the following persons or entities shall be eligible

to obtain a permit to operate a stall and participate in a Farmers’

Market

(a) a person registered with the Department of

Agriculture as a full-time or a part-time farmer;

(b) a producer organisation registered in terms of the

Producer Organisations Act which sells agricultural produce

cultivated or grown locally by its members;

(c) a registered cooperative constituted within the

agriculture or fisheries sector;

(d) a person who produces products being direct

derivatives of local agricultural, animal husbandry or fisheries

primary produce

Provided that a farmer eligible under paragraph (a)

shall be allowed to offer for sale local agricultural produce

cultivated, grown or landed in Malta by any other person

registered with the Department of Agriculture as a full-time

or part-time farmer

Provided further that no person in possession of a licence

of street hawker, market hawker, peddler or busker in terms

of the Trading Licences Regulations, 2006, or in possession

of a permit or licence to purchase agricultural produce from

an agricultural marketing centre, shall be eligible to obtain a

permit to operate a stall and participate in a Farmers’ Market,

or to act as a substitute or as an assistant to a permit holder.

(1) The Unit shall acknowledge in writing the receipt Request for further

of an application for a permit to operate a stall within a Farmers’

Market within one month of the receipt of such application, and

shall request the applicant to submit any missing documentation or

information.

(2) The documentation or information requested in

terms of subregulation (1) shall be submitted within one month

from the date of such request.

(3) If the documentation or information requested in

terms of subregulation (1) is not provided by the applicant within

the period stipulated in terms of subregulation (2), the relevant

application shall be deemed as withdrawn.

(1) The Unit shall examine an application which has Notice of decision.

been submitted correctly by the applicant and including all further

documentation or information as may be requested in terms of

regulation 7.

(2) If the number of valid applications received by the

Unit exceeds the number of stalls available at a Farmers’ Market,

preference shall be given to producer organisations, full-time

farmers and farmers not in possession of a permit to operate a stall

at another Farmers’ Market. Applications having the same level of

preference shall be drawn by lot.

(3) The Unit shall issue a notice informing the

applicant of its decision in respect of such application within

one month from the date when all necessary documentation and

information is provided.

(1) Where the Unit accepts an application for the Acceptance of

allocation of a permit to operate a stall within a Farmers’ Market, it application.

shall inform the applicant, in the notice sent in terms of regulation

8, of such acceptance, as well as any further conditions it may

deem fit to apply in respect of such permit.

(2) An applicant who has received a notice in terms

of subregulation (1) shall be given two weeks within which to pay

the permit fee due in terms of regulation 4(4), failing which his

application shall be considered to have been withdrawn.

(3) The Unit shall issue a permit immediately upon

receipt of the permit fee. The permit shall contain all the conditions

and rules relating to the granting of such permit and to the

operation of the stall at the Farmers’ Market.

(4) The applicant shall be allowed to occupy the

allocated stall within the designated Farmers’ Market in terms of

the permit

(a) within two weeks from the granting of the permit

issued by the Unit; or

(b) in the case of a newly established Farmers’ Market,

immediately upon the permit being issued.

(1) Where, due to restrictions in the number of

stalls, the Unit cannot issue a permit to operate a stall within a

Farmers’ Market in respect of an application submitted correctly

in accordance with these regulations, the Unit shall inform the

applicant of this on the notice sent in terms of regulation 8.

(2) The Unit shall also inform an applicant who was

not issued a permit due to the reasons in regulation (1), that he

shall be placed on a Farmers’ Market applicants waiting list until

such time as further Farmers’ Markets are established, or when a

stall within an existing Farmers’ Market becomes vacant.

(3) When a stall within a Farmers’ Market becomes

vacant, the Unit shall inform the first applicant on the waiting list in

writing and the provisions of regulation 9 relating to the acceptance

of an application shall apply

Provided that a person may not be allocated a permit to

operate more than one stall at the same Farmers’ Market.

(4) When a new Farmers’ Market is established, the

Unit shall issue a new call for applications for participation in such

Farmers’ Market. Such new call for applications shall be kept open

for a period of at least one month, which may extended by the

Director.

(1) A permit issued by the Unit under these regulations

shall be non-transferable.

(2) The Unit may, in issuing a permit for the operation

of a stall and participation in a Farmers Market, attach thereto any

conditions as it may deem fit.

(3) Without prejudice to regulation 12, any decision of

the Unit shall be subject to review by the Administrative Review

Tribunal established by article 5(1) of the Administrative Justice Cap. 490.

Act.

Permit holders may be allowed to exchange such Exchange of stalls.

stalls allocated according to the permit obtained in terms of these

regulations. A request to this effect shall be submitted to the

Director in writing and signed by the respective permit holders.

The decision of the Director in respect of such request shall be

final and the provisions of regulation 11(3) shall not apply to this

decision.

(1) A permit holder may nominate one person to act Substitutes.

as his substitute in respect of a permit to operate a stall within a

Farmers’ Market.

(2) The substitute shall be the person responsible for

the stall in the absence of the permit holder

Provided that the substitute may in no way attain the

status of permit holder by virtue of his function as a substitute.

(3) The permit holder shall supply the Unit with the

name of the substitute authorised by him.

(1) The permit holder may nominate persons to act as

assistants to assist in the operation of the stall.

(2) The permit holder shall supply the Unit with the

names of all assistants authorised by him.

Any person being a permit holder, his substitute or an

assistant operating from a stall within a Farmers’ Market shall wear

at all times an identification badge supplied by the Unit.

The permit holder may make any amendments,

add or remove information submitted to the Unit in the original

application form regarding his personal details, the nomination of

a substitute, the nomination of assistants, the vehicle registration

number or the types of local agricultural produce to be offered for

sale at the stall, by submitting to the Unit a signed copy of the form

contained in the Third Schedule.

(1) The permit document issued by the Unit in respect

of a stall within a Farmers’ Market shall be kept clearly visible at

all times.

(2) Either one of the permit holders or substitute shall

be present at the stall at all times.

(3) The size of a stall within a Farmers’ Market shall

be of 3 metres by 3 metres, and the space allocated for a vehicle

shall be of 3 metres by 7 metres.

(4) A permit holder or his substitute shall at no

time offer for sale from the stall allocated to him at a Farmers’

Market imported agricultural produce or any agricultural produce

purchased or otherwise obtained from an agricultural marketing

centre.

(5) A permit holder or his substitute may only offer for

sale from the stall allocated to him at a Farmers’ Market types of

local agricultural produce as specified in the permit application.

(6) A permit holder or his substitute shall only be

allowed to utilise such vehicle having such vehicle registration as

specified in the permit application, and shall park such vehicle in

the stall space allocated.

(7) A permit holder or his substitute shall provide litter

bins on the stall allocated to him during opening hours.

(8) A permit holder or his substitute shall ensure that

no damage is caused by means of the stall allocated to him, their

vehicles or accessories, to any street, pavement or other public

property.

(9) A permit holder or his substitute shall ensure that

the allocated stall is kept clean and shall be responsible that no

refuse or other material is left at the place allocated to them at the

end of the activity.

(10) A permit holder or his substitute shall ensure that

the allocated stall has suitable fire extinguishers.

(1) No parking by private vehicles is permitted on Traffic regulations.

the sites and during such opening days and hours when a Farmers’

Market is being held, apart from vehicles duly registered by permit

holders.

(2) Sites in which a Farmer’s Market is being held

shall be closed to traffic during opening hours.

A permit holder shall keep a record of all sales made Records to be kept by

by him, in a monthly sales record book approved by the Director. the permit holder.

Such records shall show the quantity and nature of the produce sold

by the permit holder and the price realised at the sale, and shall be

provided to the Director upon request.

The Unit shall have the right to suspend or cancel a

permit issued in terms of these regulations if it is satisfied that a

permit holder has failed to comply with these regulations, where

the conditions of the permit have not been observed, or in the event

of any of the following

(a) the permit holder fails to reach an acceptable level

of display of the produce for sale;

(b) the permit holder fails to display the prices of the

agricultural produce offered for sale;

(c) the permit holder fails to adhere to all the public

health or food hygiene requirements;

(d) the permit holder fails to operate the stall for

three consecutive weeks, provided that this shall not apply

if the permit holder informs the Unit within such period and

provides a justified reason for such absence;

(e) the permit holder is deemed by the Unit to have

breached any of the provisions of these regulations;

(f) the permit fee remains unpaid after 45 days from the

date on which it became due; or

(g) for any other justifiable reason.

(1) The Unit shall be responsible for the general

administration and organisation of the Farmers’ Market in

accordance with these regulations.

(2) The Unit shall have the right to request the

Commissioner of Police to assist it in the enforcement of these

regulations.

(1) Any person who contravenes or fails to comply

with any of these regulations shall be guilty of an offence and shall

be liable:-

(a) on a first conviction to a fine (multa) of not less

than five hundred euro (500) euro but not exceeding one

thousand five hundred euro (1,500);

(b) on a second conviction or subsequent conviction, to

a fine (multa) of not less than one thousand five hundred euro

(1,500) but not exceeding two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37) or a fine

calculated on the profit made by the offender in connection

with the transaction in contravention to these regulations,

whichever is the higher

Provided that, when the fine is so calculated, it may

not exceed five times the profit made by the offender

Provided further that the court may, and if so

requested by the prosecution shall, in addition to any

other punishment, sentence the offender to imprisonment

for a term of not less than thirty days and not exceeding

two years.

(2) In addition to the punishments laid down in sub-

regulation (1), the court shall. on demand of the prosecution, order

the forfeiture of any good or things to which the offence relates.

(3) In addition to the punishments laid down in

subregulations (1) and (2), the court shall on demand of the

prosecution, in the case of a second or subsequent conviction, order

the suspension of the offender’s permit for a period of not less

than one week and not more than three months, or the cancellation

of any licence or permit held by the offender and relating to any

trade or business to which the offence relates, and shall order

that any such cancelled licence or permit may not be re-issued in

respect of the convicted offender.

First Schedule

Regulation 3

Opening Days and Hours of Farmers’ Markets

Locality

Days

Summer Hours

Winter Hours

(1 May – 30 Sept)

(1 Oct – 30 Apr.)

Ta’ Qali (Attard)

Tuesday, Thursday

07:00 – 21:00

07:00 – 17:00

and Saturday

Second Schedule

Regulation 5

Farmers’ Market Permit Application Form

Please fill in where applicable

Name of Applicant _____________________________________________________

I.D.card ______________________

FRC ____________________________

Address ______________________

Telephone________________________

Mobile __________________________

Email ___________________________

VAT Number __________________

P.O. Registration Number ___________

Full-time Farmer

Part-time Farmer_________

Area of fields

__________ (tumoli)

Copies of IACS plans __________

Vehicle registration number/s ____________________________

Yes

No

Do you need electricity?

Do you have food handling certificate?

*

Do you have organic produce?

Products to be offered for sale at Farmers Market

Details of derived products and value added products

Organic Products

Details of Substitute

Name and Surname _______________________________________

I.D.card

Address__________________________

Telephone

Mobile

Details of Assistants

Name _________________________

Name____________________________

Surname______________________

Surname__________________________

I.D.card ______________________

I.D.card __________________________

Address ________________________

Address __________________________

Name _________________________

Name____________________________

Surname______________________

Surname__________________________

I.D.card ______________________

I.D.card __________________________

Address ________________________

Address __________________________

Kindly indicate during which months you intend selling from your stall

Jan____Feb____Mar____Apr____May____Jun____Jul____Aug____Sept____

Oct____Nov____De"____

Preferred Locality __________________________________________

I the undersigned confirm that the information given is correct and I have read all the

conditions to participate in these Markets.

I am also providing copies of certificates and I understand that from time to time I might

be asked to provide the original certificates.

Applicant’s Signature

Date .....................................

I.D.number

Please keep the original certificates handy and on all the Market days. Please also

keep food handling certificates, Organic certificates and other certificates.

A copy of the I.D. must be supplied with the application

* Where an application is being submitted by a co-operative or Private entity or company,

the certificates of every person authorised to work at the stall should also be provided.

Third Schedule

Regulation 16

Form to amend details submitted in Application Form

Permit Holder

Name of Permit Holder _________________________________________________

Permit

______________ Farmers Market _________________

A. Amendments to details of Permit Holder

I.D.card ______________________

FRC ____________________________

Address ______________________

Telephone________________________

Mobile __________________________

Email ___________________________

VAT Number __________________

P.O. Registration Number ___________

Full-time Farmer

Part-time Farmer

B. Substitutes

Amendments to details of existing Substitutes

Name and Surname _______________________________________

I.D.card

Address__________________________

Telephone

Mobile

Details of New Substitutes

Name and Surname _______________________________________

I.D.card

Address__________________________

Telephone

Mobile

C. Assistants

Amendments to details of existing Assistants

Name _________________________

Name____________________________

Surname______________________

Surname__________________________

I.D.card ______________________

I.D.card __________________________

Address ________________________

Address __________________________

Nomination of Assistants

Name _________________________

Name____________________________

Surname______________________

Surname__________________________

I.D.card ______________________

I.D.card __________________________

Address ________________________

Address __________________________

D. Product

E. Vehicle Registration Number

Permit Holder’s Signature __________________Date ____________________

I.D.card ____________

€1.49