FARMERS’ MARKETS REGULATIONS

FARMERS’ MARKETS

SUBSIDIARY LEGISLATION 117.31

FARMERS’ MARKETS REGULATIONS

18th February, 2011

LEGAL NOTICE 54 of 2011, as amended by Legal Notice 2 of 2014 and

Act XIII of 2015.

The title of these regulations is the Farmers’ Markets

Regulations.

In these regulations, unless the context otherwise requires

"the Act" means the Supplies and Services Act;

"agricultural marketing centre" means a marketing centre

established in terms of the Agricultural Marketing Centres

Regulations;

"applicant" means any person or entity applying for the

allocation of a stall to participate in a Farmers Market;

"the Director" means the Director responsible for wholesale

markets;

"farmer" means any person who cultivates, grows or lands local

agricultural produce;

"the Farmers’ Market" means a market established in terms of

regulation 3;

"imported agricultural produce" means any agricultural produce

which has not been cultivated or grown in Malta, or fish not landed

in Malta, or products not derived directly from such local

agricultural, animal husbandry or fisheries primary produce;

"local agricultural produce" means any agricultural produce

which is cultivated or grown in Malta, or fish landed in Malta, and

shall include products derived directly from such local agricultural,

animal husbandry or fisheries primary produce;

"street hawker" means a person licensed as a street hawker under

the Trading Licensing Regulations;

"Market Administration Unit" means the Unit authorised by the

Minister to organise and administer Farmers’ Markets;

"the Minister" means the Minister responsible for agriculture;

"permit holder" means a person or entity in possession of a

permit to operate a stall within a Farmers’ Market;

"Producer Organisation" means an organisation set up and duly

recognised in terms of the Producer Organisations Act;

"the Unit" means the Market Administration Unit.

(1) There shall be established Farmers’ Markets for the

marketing and sale of local agricultural produce by the farmer to

the consumer.

(2)

Farmers’ Markets shall be established in sites specifically

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identified for such purpose by the Unit after consultation with the

entity or entities having jurisdiction over such site. The Director

shall notify the establishment of new Farmers’ Markets with

relevant site plans in the Gazette.

(3) Farmers’ Markets shall be kept open on such days and at

such times stipulated in terms of the First Schedule

Provided that the Farmers’ Markets may open at any other

time or day as the Director may fix from time to time and notify in

the Gazette.

(1) No person may operate a stall and participate in a

Farmers’ Market without a permit issued by the Unit.

(2) A permit issued in terms of these regulations shall be

associated with one specific stall within a particular Farmers’

Market.

(3) Holders of a permit issued in terms of these regulations shall

apply during January 2014 for consideration of the renewal of such

permit after verification of the holders’ compliance with permit

conditions and these regulations. Such renewal applications shall be

made every three years after the above period during the month of

January.

(4) The annual fee leviable on every permit to participate in a

Farmers’ Market shall be of seventy-seven euro (€77.00).

(5) The permit fee shall become due on the first day of January

of each year. The Director shall inform the permit holder in writing

that he shall have forty-five days from such date within which to

pay the said fee.

(6) A permit issued by the Unit under this regulation shall not

exempt the holder thereof from compliance with any requirement

under any other law.

(7) The Director shall publish in the Gazette a list of permit

holders in possession of permits to operate stalls at each Farmers’

Market once every six months. The Director shall keep an updated

record of such list and may publish it as often as may be required.

Any person or entity who wishes to obtain a permit to

operate a stall and participate in a Farmers’ Market shall submit a

signed application to the Market Administration Unit on the

prescribed form contained in the Second Schedule supplied by the

said Unit, containing, but not limited to, the following information

(a)

name of applicant;

(b)

date;

(c)

address;

(d)

photocopy of I.D. card;

(e)

certificate of Police Conduct;

(f)

food handling certificate;

(g)

VAT fiscal registration number;

(h)

vehicle registration number;

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(i)

Producer Organisation registration number where

applicable;

(j) nomination of substitute and assistants where

applicable; and

(k) description of the agricultural produce intended to be

offered for sale by the applicant at the Farmers’

Market.

Only the following persons or entities shall be eligible to

obtain a permit to operate a stall and participate in a Farmers’

Market

(a) a person registered with the Department of Agriculture

as a full-time or a part-time farmer;

(b) a producer organisation registered in terms of the

Producer Organisations Act which sells agricultural

produce cultivated or grown locally by its members;

(c) a registered cooperative constituted within the

agriculture or fisheries sector;

(d) a person who produces products being direct

derivatives of local agricultural, animal husbandry or

fisheries primary produce

Provided that a farmer eligible under paragraph (a) shall be

allowed to offer for sale local agricultural produce cultivated,

grown or landed in Malta by any other person registered with the

Department of Agriculture as a full-time or part-time farmer

Provided further that no person in possession of a licence of

street hawker, market hawker, peddler or busker in terms of the

Trading Licences Regulations, or in possession of a permit or

licence to purchase agricultural produce from an agricultural

marketing centre, shall be eligible to obtain a permit to operate a

stall and participate in a Farmers’ Market, or to act as a substitute

or as an assistant to a permit holder.

(1) The Unit shall acknowledge in writing the receipt of an

application for a permit to operate a stall within a Farmers’ Market

within one month of the receipt of such application, and shall

request the applicant to submit any missing documentation or

information.

(2) The documentation or information requested in terms of

subregulation (1) shall be submitted within one month from the

date of such request.

(3) If the documentation or information requested in terms of

subregulation (1) is not provided by the applicant within the period

stipulated in terms of subregulation (2), the relevant application

shall be deemed as withdrawn.

(1) The Unit shall examine an application which has been

submitted correctly by the applicant and including all further

documentation or information as may be requested in terms of

regulation 7.

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(2) If the number of valid applications received by the Unit

exceeds the number of stalls available at a Farmers’ Market,

preference shall be given to producer organisations, full-time

farmers and farmers not in possession of a permit to operate a stall

at another Farmers’ Market. Applications having the same level of

preference shall be drawn by lot.

(3) The Unit shall issue a notice informing the applicant of its

decision in respect of such application within one month from the

date when all necessary documentation and information is

provided.

(1) Where the Unit accepts an application for the

allocation of a permit to operate a stall within a Farmers’ Market, it

shall inform the applicant, in the notice sent in terms of regulation

8, of such acceptance, as well as any further conditions it may

deem fit to apply in respect of such permit.

(2) An applicant who has received a notice in terms of

subregulation (1) shall be given two weeks within which to pay the

permit fee due in terms of regulation 4(4), failing which his

application shall be considered to have been withdrawn.

(3) The Unit shall issue a permit immediately upon receipt of

the permit fee. The permit shall contain all the conditions and rules

relating to the granting of such permit and to the operation of the

stall at the Farmers’ Market.

(4) The applicant shall be allowed to occupy the allocated stall

within the designated Farmers’ Market in terms of the permit

(a) within two weeks from the granting of the permit

issued by the Unit; or

(b) in the case of a newly established Farmers’ Market,

immediately upon the permit being issued.

(1) Where, due to restrictions in the number of stalls, the

Unit cannot issue a permit to operate a stall within a Farmers’

Market in respect of an application submitted correctly i n

accordance with these regulations, the Unit shall inform the

applicant of this on the notice sent in terms of regulation 8.

(2) The Unit shall also inform an applicant who was not issued

a permit due to the reasons in regulation (1), that he shall be placed

on a Farmers’ Market applicants waiting list until such time as

further Farmers’ Markets are established, or when a stall within an

existing Farmers’ Market becomes vacant.

(3) When a stall within a Farmers’ Market becomes vacant, the

Unit shall inform the first applicant on the waiting list in writing

and the provisions of regulation 9 relating to the acceptance of an

application shall apply

Provided that a person may not be allocated a permit to

operate more than one stall at the same Farmers’ Market.

(4) When a new Farmers’ Market is established, the Unit shall

issue a new call for applications for participation in such Farmers’

Market. Such new call for applications shall be kept open for a

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period of at least one month, which may extended by the Director.

(1) A permit issued by the Unit under these regulations

shall be non-transferable.

(2) The Unit may, in issuing a permit for the operation of a stall

and participation in a Farmers’ Market, attach thereto any

conditions as it may deem fit.

(3) Without prejudice to regulation 12, any decision of the Unit

shall be subject to review by the Administrative Review Tribunal

established by article 5(1) of the Administrative Justice Act.

Permit holders may be allowed to exchange such stalls

allocated according to the permit obtained in terms of these

regulations. A request to this effect shall be submitted to the

Director in writing and signed by the respective permit holders.

The decision of the Director in respect of such request shall be final

and the provisions of regulation 11(3) shall not apply to this

decision.

(1) A permit holder may nominate one person to act as his

substitute in respect of a permit to operate a stall within a Farmers’

Market.

(2) The substitute shall be the person responsible for the stall

in the absence of the permit holder

Provided that the substitute may in no way attain the status

of permit holder by virtue of his function as a substitute.

(3) The permit holder shall supply the Unit with the name of

the substitute authorised by him.

(1) The permit holder may nominate persons to act as

assistants to assist in the operation of the stall.

(2) The permit holder shall supply the Unit with the names of

all assistants authorised by him.

Any person being a permit holder, his substitute or an

assistant operating from a stall within a Farmers’ Market shall wear

at all times an identification badge supplied by the Unit.

The permit holder may make any amendments, add or

remove information submitted to the Unit in the original

application form regarding his personal details, the nomination of a

substitute, the nomination of assistants, the vehicle registration

number or the types of local agricultural produce to be offered for

sale at the stall, by submitting to the Unit a signed copy of the form

contained in the Third Schedule.

(1) The permit document issued by the Unit in respect of a

stall within a Farmers’ Market shall be kept clearly visible at all

times.

(2) Either one of the permit holders or substitute shall be

present at the stall at all times.

(3) The size of a stall within a Farmers’ Market shall be of 3

metres by 3 metres, and the space allocated for a vehicle shall be of

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3 metres by 7 metres.

(4) A permit holder or his substitute shall at no time offer for

sale from the stall allocated to him at a Farmers’ Market imported

agricultural produce or any agricultural produce purchased or

otherwise obtained from an agricultural marketing centre.

(5) A permit holder or his substitute may only offer for sale

from the stall allocated to him at a Farmers’ Market types of local

agricultural produce as specified in the permit application.

(6) A permit holder or his substitute shall only be allowed to

utilise such vehicle having such vehicle registration as specified in

the permit application, and shall park such vehicle in the stall space

allocated.

(7) A permit holder or his substitute shall provide litter bins on

the stall allocated to him during opening hours.

(8) A permit holder or his substitute shall ensure that no

damage is caused by means of the stall allocated to him, their

vehicles or accessories, to any street, pavement or other public

property.

(9) A permit holder or his substitute shall ensure that the

allocated stall is kept clean and shall be responsible that no refuse

or other material is left at the place allocated to them at the end of

the activity.

(10) A permit holder or his substitute shall ensure that the

allocated stall has suitable fire extinguishers.

(1) No parking by private vehicles is permitted on the

sites and during such opening days and hours when a Farmers’

Market is being held, apart from vehicles duly registered by permit

holders.

(2) Sites in which a Farmers’ Market is being held shall be

closed to traffic during opening hours.

A permit holder shall keep a record of all sales made by

him, in a monthly sales record book approved by the Director. Such

records shall show the quantity and nature of the produce sold by

the permit holder and the price realised at the sale, and shall be

provided to the Director upon request.

The Unit shall have the right to suspend or cancel a permit

issued in terms of these regulations if it is satisfied that a permit

holder has failed to comply with these regulations, where the

conditions of the permit have not been observed, or in the event of

any of the following

(a) the permit holder fails to reach an acceptable level of

display of the produce for sale;

(b) the permit holder fails to display the prices of the

agricultural produce offered for sale;

(c) the permit holder fails to adhere to all the public health

or food hygiene requirements;

(d) the permit holder fails to operate the stall for three

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consecutive weeks, provided that this shall not apply if

the permit holder informs the Unit within such period

and provides a justified reason for such absence;

(e) the permit holder is deemed by the Unit to have

breached any of the provisions of these regulations;

(f) the permit fee remains unpaid after forty-five days

from the date on which it became due; or

(g) for any other justifiable reason.

(1) The Unit shall be responsible for the general

administration and organisation of the Farmers’ Market in

accordance with these regulations.

(2) The Unit shall have the right to request the Commissioner

of Police to assist it in the enforcement of these regulations.

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

any 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) euro 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

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 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 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 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.

FARMERS’ MARKETS

First Schedule

Regulation 3

Opening Days and Hours of Farmers’ Markets

Locality

Days

Summer Hours

Winter Hours

(1 May - 30 Sept)

(1 Oct - 30 Apr.)

Ta’ Qali (Attard)

Tuesday, Thursday

07:00 - 21:00

07:00 - 17:00

and Saturday

Second Schedule

Regulation 5

Farmers’ Market Permit Application Form

Please fill in where applicable

Name of Applicant ................................................................................................

I.D.card ..........................................

FRC .....................................................

Address ..........................................

Telephone .............................................

Mobile ..................................................

Email ....................................................

VAT Number ..................................

P.O. Registration Number .....................

Full-time Farmer ............................

Part-time Farmer ...................................

Area of fields ................................. (tumoli)

Copies of IACS plans ...................................

Vehicle registration number/s .................................................

Yes

No

Do you need electricity?





Do you have food handling certificate?



 *

Do you have organic produce?





Products to be offered for sale at Farmers’ Market

Details of derived products and value added products

Organic Products

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Details of Substitute

Name and Surname .......................................................................................

I.D.card ..............................................

Address ...............................................

Telephone ...........................................

Mobile ................................................

Details of Assistants

Name .................................................

Name ...................................................

Surname ............................................

Surname ...............................................

I.D.card ............................................

I.D.card ................................................

Address ............................................

Address ................................................

Name .................................................

Name ...................................................

Surname ............................................

Surname ...............................................

I.D.card ............................................

I.D.card ................................................

Address ............................................

Address ................................................

Kindly indicate during which months you intend selling from your stall

Jan .......... Feb ........... Mar ............. Apr ............ May ........... Jun ...........

Jul ........... Aug .......... Sept ............. Oct ............ Nov ............ Dec .........

Preferred Locality ...................................................................................

I the undersigned confirm that the information given is correct and I have read all

the conditions to participate in these Markets.

I am also providing copies of certificates and I understand that from time to time I

might be asked to provide the original certificates.

Applicant’s Signature ...................................... Date .............................

I.D.number ................................

Please keep the original certificates handy and on all the Market days. Please also

keep food handling certificates, Organic certificates and other certificates.

A copy of the I.D. must be supplied with the application

* Where an application is being submitted by a co-operative or private entity or company,

the certificates of every person authorised to work at the stall should also be provided.

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Third Schedule

Regulation 16

Form to amend details submitted in Application Form

Permit Holder

Name of Permit Holder .........................................................................................

Permit ....................................... Farmers’ Market ................................................

A.

Amendments to details of Permit Holder

I.D.card ...........................................

FRC ......................................................

Address ...........................................

Telephone .............................................

Mobile ..................................................

Email ....................................................

VAT Number ...................................

P.O. Registration Number .....................

Full-time Farmer .............................

Part-time Farmer ...................................

B.

Substitutes

Amendments to details of existing Substitutes

Name and Surname ...............................................................................................

I.D.card .........................................

Address ................................................

Telephone ......................................

Mobile ..........................................

Details of New Substitutes

Name and Surname ...............................................................................................

I.D.card .........................................

Address ................................................

Telephone ......................................

Mobile ...........................................

C.

Assistants

Amendments to details of existing Assistants

Name .............................................

Name.....................................................

Surname ........................................

Surname ...............................................

I.D.card .........................................

I.D.card ................................................

Address .........................................

Address ................................................

Nomination of Assistants

Name .............................................

Name.....................................................

Surname ........................................

Surname ...............................................

I.D.card .........................................

I.D.card ................................................

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Address .........................................

Address ................................................

D.

Product

E.

Vehicle Registration Number ............................................................

Permit Holder’s Signature ................................. Date ................................

I.D.card .....................................