Marketing of Agricultural Produce (Amendment) Regulations,

L.N. 56 of 2011

SUPPLIES AND SERVICES ACT

(CAP. 117)

Marketing of Agricultural Produce (Amendment) Regulations,

IN exercise of the powers conferred by article 3 of the

Supplies and Services Act, 1947, the Minister of Finance, the

Economy and Investment, has made the following regulations:-

The title of these regulations is the Marketing of Citation.

Agricultural Produce (Amendment) Regulations, 2011 and

they shall be read and construed as one with the Marketing of

Agricultural Produce, Regulations, 1952, hereinafter referred to as G.N. 360 of 1952.

“the principal regulations”.

In regulation 2 of the principal regulations, in the

definition “pitkal”, the word “wholesale” shall be deleted and

immediately after the words “agricultural produce as defined in

regulation 4” there shall be inserted the words “at the marketing

centres” .

In regulation 4 of the principal regulations, for the words

“and Fisheries” there shall be substituted the words “or any other

Director appointed by the Minister to manage the operation of the

marketing centres”.

Regulation 28 of the principal regulations shall be

amended as follows

(a) for subregulations (1) to (4) there shall be

substituted the following

“(1) Any person who contravenes or fails to

comply with any of these regulations shall be guilty of

an offence and liable:-

(a) on a first conviction to a fine (multa)

of not less than five hundred euro (€500) but

not exceeding one thousand two hundred euro

(€1,200);

(b) on a second or subsequent conviction,

to a fine (multa) of not less than one thousand

two hundred euro (€1,200) 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, the court may, if so

requested by the prosecution, 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 subregulation (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

licence for a period of not less than one month and not

more than six months, or the cancellation of any licence

held by the offender and relating to any trade or business

to which the offence relates, and shall order that any

such cancelled licence may not be re-issued in respect of

the convicted offender.”;

(b) sub-regulations (5) to (11) shall be re-numbered as

sub-regulations (4) to (10) respectively; and

(c) in sub-regulation (9) as renumbered, for the words

“sub-regulations (7) and (9” there shall be substituted the

words “sub-regulations (6) and (8)”.

Immediately after regulation 29 of the principal

regulations there shall be added the following new regulation

Any licence, permit or pass granted for

of any licence the purpose of these regulations may be suspended

permit or pass. or revoked at any time by the authority or person

empowered to grant it.”.

€0.19