Production of Olive Oil Regulations, 2014

L.N. 66 of 2014

SUPPLIES AND SERVICES ACT

(CAP. 117)

Production of Olive Oil Regulations, 2014

IN EXERCISE of the powers conferred by article 3 of the

Supplies and Services Act, the Minister for Sustainable Development,

the Environment and Climate Change, has made the following

regulations:-

The title of these regulations is the Production of Olive Oil

Regulations, 2014.

In these regulations unless the context otherwise requires

"the Act" means the Supplies and Services Act;

"analyst" means any duly qualified person or persons or any

duly qualified institution on whom the Minister may, if deemed

necessary, from time to time, allocate the responsibilities of analyses

or examination of olive oils and olive related products and "analysis"

shall be construed accordingly;

"Directorate" means the Directorate of Agriculture;

"Director" means the Director of Agriculture and includes, to

the extent of the authority given, any officer authorised by him, in

writing, to act in that behalf for any of the purposes of these

regulations;

"holding" means all the production units managed by a farmer

situated in Malta;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Minister" means the Minister responsible for Agriculture and

includes, to the extent of the authority given, any officer authorised

by him, in writing, to act in that behalf for any of the purposes of

these regulations;

"person" includes any partnership, association of persons, or

legal entity;

"olive grower" means any person who cultivates olive trees for

the purpose of producing olives for the commercial production of

olive oil or table olives;

"olive oil" means oil obtained solely from the fruit of olive trees

under any of the categories referred to in Schedule I;

"olive oil production" means the production of olive oil for

commercial purposes and shall include processes such as olive oil

extraction, mixing, blending, bottling, or labelling, and "olive oil

producer" shall be construed accordingly and shall include olive

processors;

"olive related product" means any edible product derived from

the fruit of olive trees produced for human consumption;

"olive marketing year" means the period running from 1 July of

each year to 30 June of the following year;

"Olive Oil Record-book" means the official book provided by

the Directorate in terms of regulation 10;

"Register of Olive Growers" means the register provided for in

terms of regulation 7;

"table olives" means the product prepared from the fruit of olive

trees which are suitably treated or processed for final human

consumption.

No product shall be sold in Malta as olive oil or under the Prohibition of

designation of olive oil unless its production conforms with the designation

unless in

provisions of these regulations

conformity with

these

regulations.

Provided that only olive oil as designated in paragraphs

1(a) and (b), 3 and 6 of Schedule I may be marketed at the retail stage.

(1) No person shall prepare, make or bottle locally License to

produced or imported olive oil and olive oil related products for sale, produce

oil.

without a valid licence issued by the Director.

(2) The fee to be charged upon the first issue and on any

renewal shall be of one hundred euro (€100) per year.

(3) Producers shall apply for a licence in accordance with sub-

regulation (1) by not later than the 1st July.

(4) Any licence issued under this regulation shall be valid up

to the 1st July of the year of its issue and shall be renewed from year

to year unless such licence is cancelled or revoked in terms of the

provisions of these regulations.

(5) Any licence issued under this regulation shall be issued to

one specific olive oil producer and shall be tied to a specific location

where such olive oil production takes place.

(1) An application for the issue of a licence under

regulation 4 shall be made by submitting to the Director a duly signed

and completed copy of the prescribed form in Schedule II.

(2) The Director may request the applicant to submit further

information as may be necessary before taking a decision on whether

to grant or refuse a licence or renewal.

(3) A license may only be issued following the necessary

presentation of documentation from the Environmental Health

Directorate and the Malta Environment and Planning Authority

approving the premises to be used in the production of olive oil.

(4) A licence issued in terms of regulation 4 shall not exempt

the holder thereof from compliance with any requirement under any

other law.

(1) Where the issue or renewal of a licence has been

refused, the Director shall inform the applicant of such refusal

without delay. The applicant may submit an appeal therefrom to the

Administrative Review Tribunal established in terms of article 5 of

the Administrative Justice Act and the provisions of that Act shall

apply to such an appeal.

(2) The Administrative Review Tribunal shall respect and

apply the principles of good administrative behaviour laid down in

article 3 of the Administrative Justice Act.

(1) A Register of Olive Growers and olive oil producers

shall be kept by the Director and shall be updated periodically.

(2) No person shall grow olives for commercial olive oil

production or table olives, or use land for the growing of olives for

olive oil production or table olives, unless the person is listed in the

Register of Olive Growers established in sub-regulation (1) and the

holding is registered with the Directorate.

(1) Olive growers shall submit to the Director by the

31st December of each year a duly signed and completed harvest

declaration on the prescribed form in Schedule III.

(2) The declaration provided for in terms of sub-regulation (1)

shall be accompanied by copies of original receipts showing the

amount of olives sold or delivered to individual olive oil producers.

(1) Olive oil producers shall submit to the Director, by Declaration by

the 31st December of each year, a duly signed and completed olive oil olive

producers.

production declaration on the prescribed form in Schedule IV.

(2) The declaration provided for in terms of sub-regulation (1)

shall be accompanied by a list of olive growers from whom olives

were purchased or otherwise obtained or who delivered olives for

pressing, together with copies of original receipts showing the

amount of olives purchased or delivered.

(1) An olive oil producer shall maintain records of his Records to be

activity in an Olive Oil Record-book provided by the Directorate, and kept

producers.

shall submit such information to the Director upon request.

(2) The Olive Oil Record-book shall contain accurate and

updated records regarding the date of pressing, the amount of olives

entering the mill and the amount of olive oil being produced under

each of the categories listed in Schedule I. The producer shall also

provide information regarding the amount of waste products resulting

from the production and the methods used for their disposal.

(3) For each delivery of olives, the olive oil producer shall

provide the person delivering the olives with a receipt indicating

details of the delivery including date, details of the grower, and the

amount in kilos delivered per variety of olives. A copy of this receipt

shall be provided to the Directorate in terms of regulation 9(2).

(4) The Director may, at any time, request an olive oil

producer to furnish him within fifteen (15) working days, with a

statement showing the amount in litres of olive oil held by him on any

particular day or on particular days as may be specified in such

request.

The Director may issue codes of recommended or best Codes of good

practice as regards compliance with the provisions of these practice.

regulations and any EU legislation providing guidance to any persons

engaged in olive oil growing and olive oil production.

The Directorate shall implement and ensure compliance at Compliance

all times with all EU Regulations in force relating to the production of with

regulations.

olive oil.

(1) The Minister may designate public officers to be Appointment of

authorised officers for the control of the production of olive oil and authorised

officers.

olive related products.

(2) No person, who is engaged directly or indirectly in any

commercial enterprise related to the production of olive oil or olive

related products, shall act as an authorised officer, and no public

officer shall be engaged directly or indirectly in any commercial

enterprise related to the production of olive oil or olive related

products.

(3) An authorised officer shall have the power, at any

reasonable time, to enter and inspect any premises in or at which he

has reason to believe that any olive oil is being produced, bottled,

stored, sold or offered for sale, to examine and search such premises,

to inspect any such olive oil and to take samples thereof

Provided that an authorised officer shall not enter into any

dwelling unless authorised by a Magistrate.

(4) An authorised officer shall have the right of access to, and

inspection of documentation relating to, any registers, records and

notes kept in accordance with the provisions of these regulations.

(5) Any authorised officer exercising any power conferred by

sub-regulation (3) may -

(a)

seize and obtain any records which he has reason to

believe may be required as evidence in proceedings under any

of these regulations; and

(b) in the case where the records are kept by means of a

computer, require the records to be printed.

(6) Any authorised officer who discloses to any person any

information obtained by him in the course of his duties with regards

to any trade secret shall, without prejudice to any other liability under

any other law, unless the disclosure is made necessarily in the

performance of his duty, be guilty of an offence.

(7) Any person who -

(a)

intentionally obstructs or causes the obstruction of

any person acting in the proper exercise of his functions under

these regulations; or

(b) without reasonable cause, fails to give to any person,

acting in the exercise of his functions under these regulations,

any assistance or information which he may be required to give

under these regulations or any other law, or gives false or

misleading information,

shall be guilty of an offence. Criminal action for such an offence shall

be barred by the lapse of three months.

The Directorate shall have the power to grant certification Discretionary

power.

to the olive oil.

(1) The certification shall be given by the Directorate Certification of

after a request shall be made in writing, by the concerned producer, olive oil.

and after the Directorate has made all the necessary technical and

administrative controls needed in order to verify that the oil produced

is in conformity with the description and definitions of olive oil and

olive oil pomace in Schedule I.

(2) An ad hoc board shall be established by the Directorate to

process the chemical, physical and organoleptic results stipulated in

the Schedule I; the board shall also certify that the characteristics of

the olive oil in question match the descriptions referred to in Schedule

I. In any case where an appeal against a decision of the Directorate

has been filed, the board shall include a representative of the

appellant.

(3) The olive oil shall be certified under one of the typologies

described in Schedule I if the descriptions and definitions referred to

in the said schedule are observed for that specific oil typology.

(1) A producer who is interested in a certification Participation in

scheme shall apply with the Directorate by no later than the 1st certification

scheme for olive

October.

oil.

(2) The Directorate shall register the applicant after the

payment of a nominal fee, which shall be established by the

Directorate every year and which shall be made payable to the

Directorate.

(3) The application mentioned in regulation 15(1) shall be

renewed and paid every year in order to enjoy the rights prescribed in

regulation 15(2).

(4) A producer who does not register for certification

according to the time frame stipulated in sub-regulation (1) shall not

be eligible for the process of certification.

(5) Producers shall pay a fee, which shall be established by the

Directorate every year, for every quantity of oil which shall be

presented for certification in order to cover the expenses of the

analysis.

(6) A list of licensed producers and producers registered under

the scheme of quality in accordance with sub-regulation (1) shall be

published in the Gazette and shall be made accessible to the public.

(1) Whenever any sample of olive oil or of an olive

related product is taken for analysis, such sample shall be taken free

of charge, against the issue of an official receipt.

(2) The Director shall, from time to time, determine the

procedure to be followed for the taking of samples.

(3) Samples taken in accordance with the procedure adopted

by the Director in terms of sub-regulation (2) shall be subject to

analysis by one or more of the official methods of analysis as

established by the Minister for the purpose, on the advice of the

Director.

(1) In any criminal proceedings instituted by the Police

before the Court of Magistrates for an offence under these

regulations, the Director or any officer, lawyer or legal procurator

deputed by the Director may, notwithstanding any law to the contrary,

lay the charge before the Court, produce evidence, plead and

otherwise conduct the prosecution instead of the Police.

(2) The sworn statement of any officer, lawyer or legal

procurator to the effect that he has been deputed as provided in sub-

regulation (1) shall be conclusive evidence of the fact, should proof

thereof be required by the accused.

(1) Any person who contravenes or fails to comply with

any of the provisions 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) 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 five hundred euro

(€2,500) 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 the 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 sub-

regulations (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.

Schedule I

DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL

AND OLIVE POMACE OILS

1. VIRGIN OLIVE OILS

Oils obtained from the fruit of the olive tree solely by mechanical or other

physical means under conditions that do not lead to alterations in the oil, which

have not undergone any treatment other than washing, decantation, centrifugation

or filtration, to the exclusion of oils obtained using solvents or using adjuvants

having a chemical or biochemical action, or by re-esterification process and any

mixture with oils of other kinds.

Virgin olive oils are exclusively classified and described as follows

(a)

Extra virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic

acid, of 0.8g per 100g, the other characteristics of which comply with

those laid down for this category.

(b)

Virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic

acid, of 2g per 100g, the other characteristics of which comply with

those laid down for this category.

(c)

Lampante olive oil

Virgin olive oil having a free acidity, in terms of oleic acid, of

more than 2g per 100g, and/or the other characteristics of which comply

with those laid down for this category.

2. REFINED OLIVE OIL

Olive oil obtained by refining virgin olive oil, having a free acidity content

expressed as oleic acid, of not more than 0.3g per 100g, and the other

characteristics of which comply with those laid down for this category.

3. OLIVE OIL - COMPOSED OF REFINED OLIVE OILS AND VIRGIN

OLIVE OILS

Olive oil obtained by blending refined olive oil and virgin olive oil other than

lampante olive oil, having a free acidity content expressed as oleic acid, of not

more than 1 g per 100 g, and the other characteristics of which comply with those

laid down for this category.

4. CRUDE OLIVE-POMACE OIL

Oil obtained from olive pomace by treatment with solvents or by physical

means or oil corresponding to lampante olive oil, except for certain specified

characteristics, excluding oil obtained by means of re-esterification and mixtures

with other types of oils, and the other characteristics of which comply with those

laid down for this category.

5. REFINED OLIVE-POMACE OIL

Oil obtained by refining crude olive-pomace oil, having free acidity content

expressed as oleic acid, of not more than 0.3g per 100g, and the other

characteristics of which comply with those laid down for this category.

6. OLIVE-POMACE OIL

Oil obtained by blending refined olive-pomace oil and virgin olive oil other

than lampante olive oil, having a free acidity content expressed as oleic acid, of not

more than 1 g per 100 g, and the other characteristics of which comply with those

laid down for this category.

Schedule II

Application of the Commercial Licence of Olive Oil Production

Details of Applicant

Name and Surname

............................................................... Role

Telephone

Mobile Number

E-mail: ................................................... Fax: ....................................................

Name of Company: ................................ V.A.T. no. ...........................................

Address of Applicant and Registered Company

Address of Holding of Olive Oil Production

Declarations

• I declare that I am applying for this commercial licence according to the

Law.

• I declare that, as far as I know, the information on this form is correct and

exact.

• I understand that the commercial licence cannot be given if the holding is

not according to the Law.

• I declare that I am respecting the Laws of Malta and those of the European

Union.

Signature of Applicant and Date

For Official Use Only

Licence for the Commercial Production of Olive Oil: 100 EURO

Type of Payment

Cash

Cheque

Cheque Number

Invoice Number and Date: ..............................................................

Inspection of the Environmental Health Directorate

Date of Inspection: ............... Result

Approved

Refused

Comments: ............................................................................................................

Renewal of Commercial License of Olive Oil Production

Result

Approved

Refused

Comments: ............................................................................................................

Signature of Official and Stamp

Date

Schedule III

Declaration on the Annual Grape Harvest

YEAR: .................

DETAILS OF THE APPLICANT

FOR OFFICIAL USE

ONLY

Name and Surname

Telephone

Date

when

the

.................................... Application

was

Address

received

Signature of Official

and Stamp

ID card Number

Mobile

DECLARATION OF HARVEST

Amount of

Sold to Olive Oil

Total

For

Olives

Producer

Variety Number

Sale to

Amount

Parcel

Personal

of Olive Harvested/Kg

of

pitkalija

of Olives

no.

Use / kg

Olives

Trees

/ kg

Harvested

Table

Oil

kg

Name of the

Table / Oil

/Kg

Producer

Declaration

• I, the undersigned, declare that the details submitted on this form are true and I understand that

in case of any false declaration legal action shall be taken against me or my mandatory.

• I, the undersigned, declare that the details submitted in this form may be used by the

Department of Agriculture or any Department concerned.

Signature

Date

Privacy Policy

The Agriculture Directorate shall collect this information in order to establish the annual harvest of

olive oil as required by national legislation and that of the EU. The Directorate may verify the

information collected from farmers or from any third person. This information may be transmitted

to other Government Departments or authorities for control purposes as stipulated in the Law.

For more information kindly obtain a copy of the Privacy Policy or kindly ask the Agriculture

Directorate.

Schedule IV

DECLARATION FOR THE ANNUAL PRODUCTION OF OLIVE OIL

YEAR: ....................

Details of Applicant

Name and Surname

................................................................. Role: ....................................................

Telephone: .............................................. Mobile Number: ..................................

E-mail: .................................................... Fax: .....................................................

Name of Company: ................................. V.A.T. no. / I.D. no. .............................

Address of Applicant and Registered Company

Address of Holding of Olive Oil Production

Production of Olive Oil

Total of

Total of Olive

Pressed for

Sold to

Month

olives

Oil Produced

Classification*

Third Parties /

Producer / kg

Pressed / kg

/ kg

kg

September

October

November

December

TOTAL

*

Olive Oil-Extra Virgin, Virgin, Ordinary

Production of Organic Olive Oil

Total of

Total of Olive

Pressed for

Sold to

Month

olives

Oil Produced

Classification

Third Parties /

Producer / kg

Pressed / kg

/ kg

kg

September

October

November

December

TOTAL

Production of Organic Olive Oil

• I declare that, as far as I know, the information on this form is correct and exact. And that legal

action may be taken against me if I made false declaration or if someone on my behalf made a

false declaration.

• I understand that my details may be be asked for by another concerned department.

• I give permission to the concerned authority and directorate to inspect the production without

any restrictions.

Signature

Date

Privacy Policy

The Agriculture Directorate is collecting this information in order to draw the annual harvest of

olive oil of Malta, as required by the Laws of Malta and of the European Union.

The Directorate shall verify the information collected from farmers, or the information regarding

the farmer provided by a third party, with information which the Directorate had in its possession.

This information may be sent to other Government Departments or Authorities for other purposes

of control as stipulated in the law.

This information shall not be given to other unless in accordance with the Law.

For Official Use Only

Date of Receipt of the Declaration

Signature and Official Stamp

€1.35