Regulations, 2014

L.N. 467 of 2014

PRODUCT SAFETY ACT

(CAP. 427)

Establishment of the ‘Products of Quality’ National Scheme

Regulations, 2014

IN exercise of the powers conferred by article 38 of the Product

Safety Act, the Minister for Social Dialogue, Consumer Affairs and

Civil Liberties, in consultation with the Minister for Sustainable

Development, the Environment and Climate Change, has made the

following regulations:-

(1) The title of these regulations is the Establishment of

the ‘Product of Quality’ National Scheme Regulations, 2014.

(2) These regulations shall apply to agricultural and agro-food

products, which fall within the definition of "product" in these

regulations.

(3) The scope of these regulations is to establish a national

scheme for the purposes of Regulation (EU) No 1305/2013 on

support for Rural Development by the European Agricultural Fund

for Rural Development (EAFRD) and repealing Council Regulation

(EC) No 1698/2005, which scheme shall promote, qualify and diffuse

products as defined in these regulations.

In these regulations, unless the context otherwise requires

"actor" means any natural or legal person involved in an

agricultural value chain;

"agricultural value chain" means a set of people whose activities

increases the commercial value of a basic product of the agricultural

industry. An agricultural value chain may involve processing,

packaging, storage, transport and distribution

Provided that the primary production, farming and processing of

the product is made within one territory;

"Director" means the Director responsible for Agriculture;

"Minister" means the Minister responsible for Agriculture;

"operator" means an actor belonging to a recognised agricultural

value chain and who participates in the ‘Product of Quality’ National

Scheme;

"origin label" means a label attached to a product indicating the

territory in which the primary production, farming and processing of

the product has been made;

"product" means an agricultural and agro-food product of

animal and, or plant origin, the production of which consists of

production and, or farming methods which are significantly higher

than the minimum legal requirements with regards to public, animal

or plant health, animal welfare or environmental protection and which

final characteristics are also significantly higher than the minimum

legal requirements;

"Products of Quality National Scheme" means a quality scheme

recognised at the national level in terms of Article 16(1)(b) of

Regulation (EU) No 1305/2013 on support for Rural Development by

the European Agricultural Fund for Rural Development (EAFRD)

and repealing Council Regulation (EC) No 1698/2005;

"recognised agricultural value chain" means an agricultural

value chain which is recognised by the Minister and published in the

Gazette;

"scheme" means the ‘Products of Quality’ National Scheme;

"superior quality" means a qualitative characteristic superior to

the minimum standards established by the law in force, which can be

objectively identified;

"territory" means a territorial unit falling under the

classification of a Nomenclature of territorial units for statistics 2

(NUTS 2) as established by Regulation (EC) 1059/2003 on the

establishment of a common classification of territorial units for

statistics (NUTS).

(1) There shall be a scheme, to be called the ‘Products Establishment

of the scheme.

of Quality’ National Scheme.

(2) The scheme shall be open to all interested actors who form

part of a recognised agricultural value chain.

(3) The Director shall make rules for the implementation of

the scheme, which shall include but shall not be limited to provisions

on

(a)

binding product and, or method specifications for

each product which identify the production and, or farming

methods and the elements that characterize the superior quality

of the product;

(b)

the design of the origin label;

(c)

a control system in order to monitor the binding

product and, or method specifications; and

(d) a compulsory traceability system which guarantees

the transparency of the scheme and assures complete

traceability of products.

(4) The Director shall endeavour to consult with

representatives of the recognised agricultural value chains before

making the rules mentioned in sub-regulation (3).

(5) The rules referred to in sub-regulation (3) shall be

published in the Gazette and shall be binding on all actors who form

part of a recognised agricultural value chain.

The Minister may, by notice in the Gazette recognize

agricultural value chains upon receiving advice from the Director.

(1) Product specifications established by the Director

shall be binding.

(2) Product specifications shall include, but shall not be

limited to, the following

(a) the name and the typology of the product recognised

by the scheme;

(b) the specifications and characteristics of the product

which guarantee superior quality; and

(c)

the rules concerning traceability, auto-control, the

control and the labelling.

Operators shall be under the control of a public authority

or an independent inspection board designated for this purpose by the

Minister in the Gazette.

The scheme shall also be open to actors who are producers

of approved traditional agro-food products in terms of the

Establishments of the Register of Traditional Agro-food Products of

Malta Regulations, 2014, and who are part of a recognised

agricultural value chain.

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