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Agricultural Marketing Centres Regulations, 2025

27 Articles / Provisions · Malta
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Table of Provisions (27)

Statutory Text (27 Articles)

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

L.N. 81 of 2025

AGRICULTURE ACT

(CAP. 639)

Marketing of Maltese Agricultural Produce and Maltese

Agricultural Marketing Centres Regulations, 2025

IN EXERCISE of the powers conferred by article 7 of the

Agriculture Act, the Minister responsible for agriculture and rural

affairs has made the following regulations:-

PART I

Preliminary

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

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

Maltese Agricultural Produce and Maltese Agricultural Marketing

Centres Regulations, 2025.

(2) These regulations shall come into force within two (2)

months from their publication in the Gazette.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(regulation 18)

Regulation

Offence: act or

Administrative

Other action that

omission

penalties: minimum

may be taken after

and maximum

the first conviction

Offences relating to

First conviction

Suspension or

breaches of

cancellation of the

€50 - €500

licence, ticket or

regulation 3

"offences relating

permit according to

Upon a second or

the severity of the

to which

subsequent

agricultural product

case.

conviction

may be put up for

sale on markets for

agricultural trade"

€500 - €1,000

Breach of

First conviction

Suspension or

cancellation of the

regulation 5

€50 - €500

"offences in respect

licence, ticket or

permit according to

of transactions

Upon a second or

carried out outside

the severity of the

subsequent

fixed hours or entry

case.

conviction

outside fixed days

and hours"

€500 - €1,000

First conviction

Suspension or

6 and, or 7

Breach of

cancellation of the

regulations 6 and,

€100 - €500

or 7 "offences of

licence, ticket or

permit according to

unauthorised

Upon a second or

market entry for

the severity of the

subsequent

agricultural trades

case.

conviction

and offences of

transactions carried

€500 - €1,000

out without the

permission of the

Agency or of sales

not carried out by

the agent

authorised by the

Agency"

Breach of

First conviction

Suspension or

regulation 8

cancellation of the

€50 - €500

"offences relating

licence, ticket or

to the placing of the

permit according to

Upon a second or

agricultural product

the severity of the

subsequent

on sale which is not

case and, or

conviction

removal of the

a fair sample or

which has been

agricultural product

€500 - €1,000

from the market

cultivated by the

farmer or an

according to the

agricultural product

severity of the case.

or merger"

9(1), (2), (3),

Breach of

First conviction

Suspension or

cancellation of the

(4) and

regulation 9(1), (2),

€100 - €500

licence, ticket or

(10)(c)

(3), (4) and (10)(c)

permit according to

"offences in respect

Upon a second or

the severity of the

of transactions

subsequent

contrary to selling

case and, or

conviction

methods as

removal of the

imposed in sub-

items used in the

€500 - €1,000

regulations 9(1),

commission of the

offence.

(2), (3), (4) and

(10)(c)"

First conviction

Suspension or

9(5) and (6)

Breach of

regulation 9(5) and

cancellation of the

€100 - €500

licence, ticket or

(6) "offences

concerning the

permit according to

Upon a second or

removal of the

the severity of the

subsequent

agricultural product

case and, or

conviction

prior to the

removal of the

registration of the

items used in the

€500 - €1,000

commission of the

transaction and the

removal of

offence.

traceability labels"

9(7)

Breach of

First conviction

Suspension or

cancellation of the

regulation 9(7)

€100 - €500

"offences

licence, ticket or

concerning conflict

permit according to

Upon a second or

of interest"

the severity of the

subsequent

case.

conviction

€500 - €1,000

9(9)

Breach of

First conviction

regulation 9(9)

€50 - €500

"offences of selling

foodstuffs at a

Upon a second or

distance of less

subsequent

than five hundred

conviction

metres (500m)"

€500 - €1,000

9(10), (11),

Breach of

First conviction

Removal and, or

(12), (13) and

regulation 9(10),

forfeiture, as the

€50 - €500

(14)

(11), (12), (13) and

Agency may deem

(14) "offences in

appropriate, of

Upon a second or

breach of the

crate or crates that

subsequent

provisions

are misused or

conviction

involved in any

governing the use

of crates"

violation of these

€500 - €1,000

provisions.

9(16)

Breach of

First conviction

regulation 9 (16)

€100 - €500

"offences relating

to unauthorised

Upon a second or

disposal of

subsequent

agricultural

conviction

product"

€500 - €1,000

Breach of

First conviction

regulation 10

€100 - €500

"offences related to

the sale of

Upon a second or

vegetables that are

subsequent

not grown by the

conviction

vegetable seller"

€500 - €1,000

Breach of

First conviction

regulation 12

€100 - €500

"offences relating

to failure to record

Upon a second or

transactions"

subsequent

conviction

€500 - €1,000

Offences referred

€75 for every

Suspension or

to in regulation 19

breach

cancellation of

licence, ticket or

permit according to

the severity of the

case.

€1.53

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

In these regulations, unless the context otherwise requires

"Agency" means the Malta Food Agency established by the

Malta Food Agency (Establishment) Order and which shall

deliver a public service in relation to food from farming and

fisheries;

"agricultural activity" means the cultivation of agricultural

products, including harvesting, the production obtained from

animal breeding or from keeping animals for farming purposes

which activity is derived and produced in Malta;

"agricultural marketing centre" means the marketing

centres established by these regulations which sell solely

agricultural produce, and it shall include the Pitkalija agricultural

marketing centre of Ta’ Qali referred to in regulation 4;

"agricultural premises" means any premises where

agricultural activity is carried out including fields, greenhouses,

farms and agricultural warehouses;

"agricultural produce" means any produce which is

cultivated or grown in Malta that is derived from an agricultural

activity;

"agricultural producer" means a producer who cultivates or

obtains an agricultural product from agricultural activity;

"agricultural retailer" means a physical person, including a

society, whether corporate or otherwise or an association that

sells agricultural produce by retail from a shop or by hawking,

authorised to do so by the Agency;

"conflict of interest" means a situation where any official or

sales agent has a private or personal interest that influences, or

appears to influence, what is actually expected of him in the

performance of his duties;

"crates" means an official container of the Agency as

referred to in regulation 9;

"farmer" means a natural or a juridical person, or a group of

natural or juridical persons responsible for a holding and who

exercise an agricultural activity as defined in the Agriculture Cap. 639.

Act;

''foreign agricultural produce'' means agricultural produce

that is not cultivated or produced in Malta;

"foreign food product" means any food product that is not

processed or produced in Malta;

"person" means a natural person, body of persons, whether

corporate or unincorporate, or an association;

"place of agricultural business" means any shop or other

premises, truck or other vehicle, and any other place or means in

or from which sales of agricultural produce is effected;

"purchase" means the acquisition, by any onerous title, of

any agricultural produce;

"sale" means the transfer under any onerous title of

agricultural produce, and "sell" shall be construed accordingly;

"sales agent" means a physical person, a juridical person,

whether corporate or unincorporate, or an association who has

been authorised by the Agency to sell agricultural produce at the

agricultural marketing centres;

"society" means a co-operative society among farmers duly

registered under the Co-operative Societies Act which includes a Cap. 442.

body having a distinct legal personality.

PART II

Administration, Commercial Activity and Restrictions of the

Agricultural Marketing Centres

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) The Agency shall have the power to establish

marketing centres for the exclusive collection and sale of agricultural

produce.

(2) The Agency shall also have the authority to decide which

agricultural product may be put up for sale at the agricultural

marketing centres by virtue of a notice, and the Agency shall publish

the types of agricultural produce that may under its authority be placed

for sale at the agricultural marketing centres

Provided that the Agency shall ensure that detailed

information regarding the types of agricultural products that, under its

authority, may be placed for sale in agricultural markets is made

available to the public, including through publication of such

information on the Agency's website.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

There shall be an agricultural marketing centre exclusively

for the collection and sale of agricultural produce, established in

accordance with regulation 3, that shall be known as the Pitkalija

situated in Ta’ Qali, in the limits of Ħ’Attard.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) Any agricultural marketing centre shall be kept open

on any day and during such hours as the Agency may establish from

time to time by virtue of a public notice, published on the official

website of the Agency.

(2) The Agency may also establish those times or days wherein

farmers or agricultural producers may deliver their agricultural

produce to any of the agricultural marketing centres, as well as those

times or days during which that agricultural produce may be placed for

sale. The Agency shall publish such times and days by means of a

public notice, published on the official website of the Agency.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) A person may not access the agricultural marketing

centre to participate in the sale or purchase of agricultural produce

unless they possess a valid ticket issued by the Agency, or any other

permit granted by the Agency from time to time.

(2) Any person who is within an agricultural marketing centre

shall produce, on being so requested by authorised officials of the

Agency, the said ticket or permit

Provided that the Agency shall have the power, from time

to time, to issue guidelines or official procedures regarding any ticket

or permit conditions required for the purposes of participation in the

agricultural marketing centres

Provided further that the Agency shall ensure that detailed

information regarding such guidelines or official procedures is made

available to the public, including through publication on the Agency’s

website.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

A person, except for a sales agent authorised by the Restrictions on

Agency, shall not sell or otherwise dispose of agricultural produce to sale

agricultural

an agricultural retailer within an agricultural marketing centre, unless produce.

the Agency orders otherwise.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) A farmer shall not deliver for sale in an agricultural Deliveries of

marketing centre, agricultural produce unless the produce exhibited at agricultural

produce.

the top is a fair and faithful sample of the entire contents delivered.

(2) A farmer, agricultural producer, or society shall not place

for sale any agricultural produce that they have not cultivated

themselves or obtained from animal husbandry

Provided that the Agency shall have the power to, from

time to time, issue guidelines or official procedures regarding the

quality of the agricultural produce that may be placed for sale in

agricultural marketing centres

Provided further that the Agency shall ensure that detailed

information regarding the standard of the agricultural produce that,

under its authority, may be placed for sale in agricultural markets is

made available to the public, including through publication on the

Agency’s website.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) A person shall not purchase or sell agricultural Rules applicable

produce from agricultural marketing centres other than by a sales to

marketing

method as approved by the Agency, from time to time.

centres.

(2) Every sale record of agricultural produce that is put up for

sale in an agricultural marketing centre shall be registered in the name

of the farmer, the agricultural producer, or the association that has so

placed it.

(3) Every purchase transaction record that is conducted in an

agricultural marketing centre shall be registered in the name of the

person who purchased the agricultural product

Provided that transactions conducted by means of a

prestanome mandate in agricultural marketing centres are prohibited

and shall be deemed as null and void, unless the Agency, in

exceptional cases has given its written permission for such transactions

to be carried out by a prestanome mandate.

(4) Unless the Agency orders otherwise in writing, no farmer,

agricultural producer, or association may acquire agricultural products

that they themselves placed up for sale in agricultural marketing

centres. Furthermore, no legal person may acquire agricultural produce

that was cultivated by its own director, manager, shareholder, or

beneficiary

Provided that every farmer, association or agricultural

producer has the right to withdraw the agricultural produce they placed

for sale, as long as it has not yet been sold.

(5) A person purchasing agricultural produce from the

marketing centre shall not remove such produce or cause it to be

removed from the place at which the sale is held before the sale and

purchase record of the agricultural produce are registered into the

system approved by the Agency from time to time.

(6) A person may not remove or alter the traceability label

issued by the Agency’s sales system from the crates in which the

agricultural produce is being transported to be placed in the

agricultural marketing centre for sale

Provided that even the agricultural retailer, after purchasing

the agricultural produce, may not remove or alter the traceability label

until the agricultural produce is sold to the consumer.

(7) A sales agent who is authorised by the Agency to sell

agricultural produce may not intervene in transactions where he has a

conflict of interest.

(8) The Agency shall have the power to, from time to time,

issue guidelines or official procedures regarding the method of sale

and purchase of agricultural produce made in agricultural marketing

centres, and these guidelines or official procedures shall bind every

person participating in these commercial activities in accordance with

these regulations

Provided that the Agency shall ensure that detailed

information regarding these guidelines or official procedures regarding

the method of sale and purchase of the agricultural products that takes

place in the agricultural market centres, is made available to the

public, including through publication on the Agency’s website.

(9)

A person shall not sell or hold for sale in public streets,

within a distance of less than five hundred meters (500m) from the

boundaries of any agricultural marketing centre, any agricultural

produce or any foreign agricultural produce, or foreign food products.

(10) The Agency may from time to time issue guidelines and

procedures regarding the following and shall also determine

(a) which crates have been approved for use in an

agricultural marketing centre;

(b) which agricultural produce entering or leaving an

agricultural marketing centre shall be carried in the said crates;

(c)

the weights and measures that shall be used;

(d)

the use that may be made of the crates; and

(e) the procedures and guidelines regarding the use,

storage and maintenance of the crates, which procedures and

guidelines shall be published by means of a notice on the official

website of the Agency.

(11) The crates approved for use in agricultural marketing

centres are green in colour bearing the official marks of the Agency, or

any other container that the Agency may approve for use in

agricultural marketing centres, from time to time.

(12) Only agricultural produce shall be sold from the crates. No

other use of the crates, other than what is herein stipulated is

permitted.

(13) The crates mentioned in these sub-regulations shall be

acquired exclusively from the Agency. The Agency shall remain the

owner of the crates. The Agency may impose a fee for the service of

the use of the crates.

(14) The transfer of the right of use of the crates is prohibited

unless authorised in writing by the Agency.

(15) The Agency may impose a service fee on farmers who

deliver produce, which fee shall be deducted from the payment due to

them and as published by virtue of a legal notice in the Government

Gazette

Provided that the Agency shall ensure that detailed

information is made available to the public, regarding these guidelines

or the official procedure regarding what pertains to the approved crates

that, under its authority may be used, including by means of a notice

on the Agency’s website.

(16) The disposal of any agricultural produce shall be registered

and identified according to the process indicated by the Agency from

time to time

Provided that the sales agent shall render the appropriate

accounts to the Agency for every disposal that takes place, and shall

also, before disposing of any agricultural produce, notify the farmer,

agricultural producer, or association, as the case may be, that the said

agricultural produce is intended for removal or disposal. In all cases,

the farmer, agricultural producer, or association have the right to

collect the agricultural produce that is about to be disposed of or

removed from the agricultural marketing centre

Provided that the Agency shall have the authority at any

time to authorise the removal or disposal of any agricultural produce

when the Agency deems that the produce is not in a suitable condition

for sale.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

No agricultural retailer shall sell to a sales agent, a farmer

or society, agricultural produce other than agricultural produce

produced by the agricultural retailer himself.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

The provisions of these regulations shall apply to local eggs

mutatis mutandis.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

Every sales agent, society, farmer or agricultural producer

shall keep a record of all sales transactions in the form and medium as

directed and approved by the Agency. Such records shall be made

available to the Agency as may be required.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

No live animals of any kind shall be allowed into or be kept

within the agricultural marketing centres.

PART III

Enforcement

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

The Agency may, authorise in writing, any public officer

or public service employee to exercise any or all of the powers of the

Agency under these regulations either concurrently with the Agency or

in its absence, subject to such conditions as the Agency may stipulate

in the authorisation from time to time.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) The Agency may from time to time, appoint officers

for the purposes of these regulations, or of any orders made

thereunder.

(2) Notwithstanding the provisions of any other law, for the

purposes of carrying out their functions under these regulations, the

Agency or any officer or authorised person by the said Agency, shall

be empowered to

(a) enter agricultural marketing centres at all times and in

any agricultural premises, fields, place of agricultural business,

or property that is accessible to the public, including but not

limited to commercial premises

Provided that in the case of a dwelling house or other

private property, a warrant must be obtained from a Magistrate in

accordance with article 355E of the Criminal Code;

(b) investigate, seal, or collect all necessary evidence or

otherwise seize, or make any item or other equipment non-

functional, or copy any information that may be required for the

better enforcement of these regulations;

(c) adopt any temporary measures, including suspending

any agricultural activity, purchase, sale, or any other transfer, or

seizure of any agricultural produce, foreign agricultural produce

or goods, which measures are necessary to achieve the objectives

falling under the competence of these regulations;

(d) verify, inspect, elevate samples, test or take all such

temporary measures deemed appropriate to ensure the due

compliance with these regulations;

(e) request

any

information

from

Ministries,

departments, government or private entities that may be required

by the Agency for the purposes of these regulations; and

(f) adopt any other measure or action not mentioned in

this regulation for the better enforcement of these regulations.

(3) (a) Whenever any seizure is carried out in accordance

with this regulation, such seizure shall be made in the presence of the

possessor or holder who is keeping the seized goods. The possessor or

holder of the seized goods shall be given the necessary information in

writing regarding the reason of the seizure and shall also include the

detail of the seized goods, their description and quantity, or other

information that is suitable to identify the said goods

Provided that if the owner is known to the Agency, it shall

immediately notify the said owner of the seizure by means of a written

notice which shall either be delivered personally to the owner or sent

by registered mail. The written notice shall also include the

appropriate reasons as to why the seizure occurred, the place where the

goods shall be kept as well as a summary of the procedure referred to

in the provisos to paragraph (b) of this regulation.

(b) All goods seized in accordance with these regulations shall

be considered forfeited ipso jure, and therefore the Agency may

dispose of them in any manner

Provided that the Agency cannot dispose of such goods if,

within thirty (30) days from the date of seizure, the owner of such

seized goods, gives notice in writing to the Agency demanding the

return of the seized goods, and within the said period, institutes

proceedings for the return of the seized goods before the competent

Civil Court

Provided further that seized objects which are of a

perishable nature or which may suffer a substantial loss in their value

over time, may be sold or donated

Provided further that if the Court acquits the owner in

question of charges relating to objects so seized in accordance with

this regulation, the owner shall be entitled to demand payment of the

value of the seized objects, which value shall be computed in

accordance with the time that the seizure took place.

(4) The Agency may opt to return the seized goods to the

owner, upon request from said owner, provided that the owner fulfils

all the conditions that are imposed by the Agency.

(5) For the purpose of any fulfilment of any functions in

accordance with these regulations, the Agency, officials or any such

official or person authorised by the Agency may request the assistance

of the Executive Police, or the assistance of any private or public entity

or person.

(6) The provisions of sub-regulation (5) shall be without

prejudice to the powers of the Executive Police, or of any other

competent authority in accordance with the Criminal Code or any

other law.

(7) Notwithstanding any other law, the Agency or any other

officer appointed or authorised by it in terms of these regulations, shall

have the right to assist the Executive Police or Attorney General in the

conduct of prosecution in accordance with these regulations and to

plead the case before the court

Provided that any expenses related to the confiscation,

seizure and, or the disposal of any seized goods shall be fully borne by

the offender.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

No official or person authorised by the Agency, the Agency Responsibility

itself or an officer of the Executive Police, any public officer duly for

damage

authorised, in the execution of duties in accordance with these suffered.

regulations, shall be liable for any loss or damage suffered by any

person by reason of anything done or omitted to be done in good faith

in the course of the administration of these regulations.

PART IV

Offences, Administrative Penalties and Proceedings

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

Any person who breaches or fails to comply with any of the Breaches.

provisions of these regulations shall be guilty of an offence in

accordance with these regulations.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1)

When the Agency has reasonable cause to believe Administrative

penalties and

that

proceedings.

(a) an offence against these regulations has been

committed by any person; and

(b) having regard to the previous conduct of the person

concerned, it would be appropriate to impose an administrative

penalty under this regulation,

the Agency may cause a notice in writing in accordance

with sub-regulation (2) in the appropriate form to be served on such

person.

(2)

A notice as provided for in sub-regulation (1) shall specify

(a)

the date and nature of the offence;

(b) a summary of the facts upon which the allegation that

an offence has been committed is based, this being sufficient for

the purpose of fully and fairly informing the person of the

allegation against him;

(c) any other matter, not being related to previous

convictions, that the Agency considers relevant in the given

circumstances, for the imposition of an administrative penalty,

including any precautionary suspension of any licences or

permits that are issued in accordance with these regulations; and

(d) the amount of the administrative penalty due, which

amount shall be decided in accordance with the severity of the

case, the previous conduct of the person concerned and in

accordance with the parameters that are established in the

Schedule

Provided that in addition to the administrative

penalties as imposed under this paragraph, the Agency may also

order the removal or cancellation, either permanently or for a

defined period, of any licence, ticket or permit held by the person

concerned

Provided further that in any event, the Agency shall

have the option to give a warning instead of an administrative

penalty, if it considers that in the interests of fairness and equity,

depending on the circumstances of the case, it is preferable to do

so.

(3) Any person on whom a notice under sub-regulation (2) is

served may, within thirty (30) days after such service, by notice in

writing in the appropriate form served on the Agency, require that

proceedings in respect of the alleged offence shall be dealt with by the

court, in which case the provisions of sub-regulation (8) shall apply.

(4) Any person on whom a notice under sub-regulation (2) is

served who does not want that proceedings in respect of the alleged

offence shall be dealt with by the court, may by notice in writing

served on the Agency

(a)

admit the offence; and

(b) pay the amount of the administrative penalty to the

Agency within thirty (30) days after the notice of the penalty is

served upon him or after such subsequent period as the Agency

may determine.

(5) The administrative penalty imposed under sub-regulation

(2)(d) shall be due as a civil debt enforceable by the competent court

of civil jurisdiction in favour of the Government and the declaration by

the person on whom the penalty is imposed, that he admits the charge

shall constitute an executive title for the purposes of article 253 of the

Code of Organization and Civil Procedure.

(6) Without prejudice to any other provision of these

regulations or of any other law, where an offence has been admitted

under this regulation, no charge may be brought in respect of the

offence against any person by whom it has been admitted.

(7) In the case that a person on whom a notice under sub-

regulations (1) and (2), either does not admit the offence within thirty

(30) days from the service of the notice, or chooses to proceed with the

proceedings mentioned under sub-regulation (3), the Agency shall

institute proceedings or cause proceedings to be instituted before the

court in respect of the alleged offence

Provided that any service of the notice referred to in sub-

regulations (1) and (2), may be made electronically to the electronic

mail address indicated to the Agency by the person charged with the

offence. Such service shall, unless the regulations otherwise prescribe,

be deemed to have been effected if the service is delivered at the last

address provided by the person to the Agency as his home address, or

his electronic mail address and provided proof of delivery is furnished.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

Any person who

Offences and

punishments.

(a) assaults, hinders, obstructs, molests or interferes or

attempts to assault, hinder, obstruct, molest or interfere, resist or

wilfully obstructs any authorised official of the Agency, in the

execution of their duties in accordance with these regulations;

(b) refuses or fails to comply with any order or direction

lawfully made or given under these regulations;

(c)

without reasonable cause fails to

(i) provide the requested information to an

authorised official of the Agency; or

(ii) produce anything required to be produced in

accordance with these regulations;

(d) fails to allow a search or inspection in accordance

with these regulations;

(e) prevents or attempts to prevent another person from

complying with any orders or directions or from answering any

questions, or producing anything or allowing a search or

inspection; or

(f) for the purpose of obtaining any licence or permit, or

for the purported compliance with any requirement to provide

any information under these regulations, provides information

which he knows to be false in a material fact or recklessly

provides information which is false in a material fact,

shall be guilty of an offence and shall be liable on

conviction, to a fine (multa) of not less than one hundred euro (€100)

but not exceeding six thousand euro (€6,000).

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

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

any of the provisions of these regulations, other than that referred to in

regulation 19, shall be guilty of an offence and shall be liable to a fine

(multa) of not less than one thousand euro (€1,000), but not exceeding

twelve thousand euro (€12,000).

(2) In addition to the punishments referred to in sub-regulation

(1), the court shall order when requested by the prosecution

(a) the suspension of the offender’s permit, ticket, or

licence, for a period of not less than one (1) month but not

exceeding six (6) months, or the cancellation of any licence,

ticket or permit held by the offender in terms of these

regulations, and may order that any such cancelled licence, ticket

or permit may not be re-issued in respect of the convicted

offender;

(b) the forfeiture of the goods to which the offence

relates, and such goods shall be forfeited in favour of the

Government;

(c) the offender to a sentence of imprisonment for a term

of not less than thirty (30) days but not exceeding two (2) years.

(3) Proceedings in respect of an offence against these

regulations shall be before the Courts of Magistrates (Malta) or the

Court of Magistrates (Gozo), and the provisions of the Criminal Code

relating to criminal proceedings before such court shall, subject to the

preceding sub-regulations, apply in respect of proceedings for offences

against these regulations.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

Any licence, permit or ticket granted for the purpose of

these regulations may be suspended or revoked at any time by the

Agency or person empowered to grant them.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

(1) Any person may appeal from a decision of the

Agency to the Administrative Review Tribunal as established by

article 5(1) of the Administrative Justice Act within twenty (20) days

from when the decision of the Agency was served on him in regard to

decisions whereby the Agency refuses to grant or renew, or suspends

or revokes an authorisation, or a licence or a permit, or imposes

conditions, restrictions or exclusions in a licence.

(2) Any person who feels aggrieved by a decision of the

Administrative Review Tribunal from a decision mentioned in sub-

regulation (1), may appeal to the Court of Appeal (Inferior

Jurisdiction) within twenty (20) days from the date of the sentence

appealed from.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

When an offence against these regulations is committed by Acting in the

an individual acting in the name or on behalf or in the interest of a name,

behalf or in the

partnership or an association or other body or group of persons, or interest of.

when action is taken against an individual by virtue of his liability as a

director, manager, secretary or other similar officer of such body,

association or group, or by virtue of any liability in accordance with

article 10 of the Supplies and Services Act, and it results that an act or Cap. 117.

omission amounting to an offence against these regulations has

occurred, the provisions of this Part relating to the suspension or

revocation of any licence held by the offender or other person as

aforesaid, shall also apply to any licence held by or in the name, or on

behalf or in the interest of the partnership, association or other body or

group of persons of which the offender or other person as aforesaid is a

director, manager, secretary or other officer or in whose name or

interest or on whose behalf such person was acting, and such licence

shall be suspended or cancelled accordingly.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

Every person shall take all such steps as are required to Every person

ensure full compliance with all the provisions of these regulations, and shall

responsible for

even when any offence against or non-compliance with any provision offences

committed by

of these regulations may be attributed to any person in the employment employees, etc.

of such trader or in the exercise of any act or function authorised or

permitted by the person, such person shall also be guilty of that

offence unless he proves that he took all reasonable steps to prevent

the commission of the offence.

Malta Government Gazette — Legal Notice 2025 81 · Gazzetta tal-Gvern ta’ Malta Nru. 21,435 – 09.05.2025 — Agricultural Marketing Centres Regulations, 2025

Immediately after the last item of the subsidiary legislation Consequential

in the Second Schedule of the Administrative Justice Act there shall be amendment.

added the following new item "Marketing of Maltese Agricultural

Produce and Maltese Agricultural Marketing Centres Regulations, S.L.

639.12, Inferior Competence.".

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