CONTROL OF GRAIN STORAGE REGULATIONS

CONTROL OF GRAIN STORAGE

SUBSIDIARY LEGISLATION 117.29

CONTROL OF GRAIN STORAGE REGULATIONS

12th January, 2007

LEGAL NOTICE 8 of 2007, as amended by Legal Notice 409 of 2007.

(1) The title of these regulations is the Control of Grain

Storage Regulations.

(2) The objective of these regulations is to regulate the storage

of grain in grain storage facilities in Malta and to ensure the

availability of grain for consumption or use on the Maltese market.

In these regulations -

"Director Plant Health" means the Director responsible for plant

health matters at the Ministry responsible for agriculture;

"grain" means barley, wheat, maize, or any other cereal;

"grain storage facility" means any grain storage facility as the

Minister may from time to time include in a Schedule to these

regulations and includes any place where the storage of grain is

provided as a service;

"health authority" means the public officer responsible for public

health in terms of the Department of Health (Constitution)

Ordinance or any law substituting the same;

"the Minister" means the Minister responsible for trade;

" o p e r a t o r " m e a n s a n y p e r s o n o r un d e r t a k i n g a t a n y ti m e

operating a grain storage facility;

"traceability" means the ability to trace and follow a

consignment, batch or lot of grain through all stages of production,

processing and distribution, and the term "traceable" shall have the

same meaning unless the context otherwise requires.

(1) The operator of a grain storage facility shall ensure that

storage facilities equivalent to a capacity as may be determined

from time to time by the Minister shall be kept available in the

grain storage facility operated by him for the storage of grain

destined for consumption or use on the Maltese market.

(2) The operator of a grain storage facility shall ensure that at

all times, the storage of grain in such grain storage facility is

carried out in conformity with any and all relevant European Union

and Maltese legislation as may be from time to time in force,

including but not limited to, the Food Safety Act, the Plant

Quarantine (Harmful Organisms) Regulations, and Regulation (EC)

No 178/2002 of the European Parliament and of the Council of 28

January 2002 laying down the general principles and requirements

of food law, establishing the European Food Safety Authority and

laying down procedures in matters of food safety.

(1)

Without prejudice to any other obligation to keep

CONTROL OF GRAIN STORAGE

information or records under any other law, the operator of a grain

storage facility shall, separately with respect to each individual

consignment of grain for any time stored at the grain storage

facility operated by him , keep proper records of

(a) movements of each individual consignment of grain,

(b) the type of grain forming such consignment, and

(c) the users of the grain storage facility.

(2) The records referred to in subregulation (1) above shall be

made available by the operator for inspection by the Minister or by

the Director Plant Health or by the health authority or by any

officer as may be authorized by any of them for the purpose.

(3) The operator shall also keep such other records consisting

of such information as may be required by the Minister or by the

Director Plant Health or by the health authority or by any officer as

may be authorized by any of them for the purpose of verifying the

traceability of grain delivered to, or transited from, a grain storage

facility.

The operator of a grain storage facility shall allow any

officer authorized for the purpose by the Minister or by the

Director Plant Health or by the health authority to inspect the grain

storage facility for the purpose of verifying whether the provisions

of these regulations are complied with.

(1) The Minister may as he deems necessary regulate the

level of the storage tariffs of the grain storage facility determined

by the operator with a view to ensuring equitable conditions for the

users.

(2) The Minister may give such Directives as he considers

necessary to any operator of a grain storage facility for the purpose

of ensuring that the provisions of these regulations are complied

with. Failure to comply with any directive made in terms of this

regulation shall constitute an offence against these regulations.

Any person who contravenes the provisions of these

regulations shall be guilty of an offence against these regulations.

Any person guilty of an offence against these regulations

shall on conviction by the Court of Magistrates (Malta) or the Court

of Magistrates (Gozo) sitting as a Court of Criminal Judicature, be

liable to a fine (multa) of not less than two hundred and thirty-two

euros and ninety-four cents (232.94) but not exceeding two

thousand and three hundred and twenty-nine euros and thirty-seven

cents (2,329.37), or to a fine (multa) amounting to five times the

profit made by the offender as a result of the offence, whichever is

the greater, or to imprisonment for a period of not less than one

month but not exceeding six months, or to both such fine and such

imprisonment.

Without prejudice to the penalties prescribed in regulation

8, the said Court, may, on the application of the prosecution, order

the cancellation or the suspension of any licence issued to any

person convicted under these regulations for the exercise of any

trade or business connected with the operation of a grain storage

CONTROL OF GRAIN STORAGE

facility.