FRUIT AND VEGETABLES MARKETING STANDARDS REGULATIONS

SUBSIDIARY LEGISLATION 117.36

FRUIT AND VEGETABLES MARKETING

STANDARDS REGULATIONS

20th March, 2015

LEGAL NOTICE 109 of 2015, as amended by Legal Notice 250 of 2022.

(1) The title of these regulations is the Fruit and

Vegetables Marketing Standards Regulations.

(2) The scope of these regulations is to implement the relevant

provisions of Regulation (EU) No 1308/2013 of the European

Parliament and of the Council of 17 December 2013 establishing a

common organisation of the markets in agricultural products and

repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,

(EC) No 1037/2001 and (EC) No 1234/2007, including Regulation

(EU) No 1310/2013 of the European Parliament and of the Council of 17

December 2013, Regulation (EU) 2016/791 of the European Parliament

and the Council of 11 May 2016, Commission Delegated Regulation

(EU) 2016/1166 of 17 May 2016, Commission Delegated Regulation

(EU) 2016/1226 of 4 May 2016, Regulation (EU) 2017/2393 of the

European Parliament and of the Council of 13 December 2017,

Regulation (EU) 2020/2220 of the European Parliament and of the

Council of 23 December 2020, Regulation (EU) 2021/2117 of the

European Parliament and of the Council of 2 December 2021, and

Commission Regulation (EC) 543/2011 of 7 June 2011 laying down

the detailed rules for the application of Council Regulation (EC) No.

1234/2007, as they may be amended from time to time, in respect of

the fruit and vegetables sectors.

For the purpose of these regulations and unless the context

otherwise requires

"Act"’ means the Supplies and Services Act;

"competent authority" means the Malta Food Agency;

"customs authority" means the Department of Customs;

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

regulation 3 of the Farmers’ Markets Regulations;

"finding of non-conformity" means a statement issued by the

competent authority in terms of regulation 13, stating that the

products in question do not conform to the relevant marketing

standards;

"general marketing standards" means those standards listed in

P a r t A o f A n n e x I t o E C R e g u l a t i o n N o . 5 4 3 / 2 0 11 o r a n y

subsequent legislation;

"grower" means a person who cultivates fruit and vegetables;

"holder" means any natural or legal person physically in

possession of the products concerned;

"holding" means non-commercial premises where fruits and

vegetables are kept with a view of selling them directly to the

consumer;

"Inspectorate Unit" means the Surveillance Unit within the Malta

Food Agency or any other Unit, body or competent office, entrusted by

the Malta Food Agency to carry out inspections;

"Malta" shall have the same meaning as that assigned to it by

article 3 of the Interpretation Act;

"Malta Food Agency" shall have the same meaning as that assigned

to it by article 2 of the Malta Food Agency (Establishment) Order;

"Minister" means the Minister responsible for Agriculture;

"product" means fruit and vegetables listed in Part IX of Annex I of

"Regulation (EU) No. 1308/2013;

"specific marketing standards" means those standards listed in

P a r t B o f A n n e x I t o E C R e g u l a t i o n N o . 5 4 3 / 2 0 11 o r a n y

subsequent legislation;

"trader" means any natural or legal person who

(a) holds fruit and vegetables subject to marketing

standards with a view to

(i) displaying or offering them for sale,

(ii) selling them, or

(b) marketing them in any other manner, or actually

carries out any of the activities referred to in paragraph

(a) as regards fruit and vegetables subject to marketing

standards.

The activities referred to in paragraph (a) shall cover

(a) distance selling whether by internet or otherwise,

(b) such activities carried out by the natural or legal

person for itself or on behalf of a third party, and

(c) such activities carried out in the European Union and/

or by export to third countries and/or import from third

countries.

(1) No trader may trade in products in Malta unless such

products conform to the general marketing standards or the specific

marketing standards required in terms of these regulations.

(2) The following products shall conform to the specific

marketing standards

(a) apples,

(b) citrus fruit,

(c) kiwifruit,

(d) lettuces, curled leaved and broad-leaved endives,

(e) peaches and nectarines,

(f)

pears,

(g) strawberries,

(h) sweet peppers,

(i)

table grapes,

(j)

tomatoes.

(3) The marketing standard applicable to bananas falling within

CN Code 080300, shall be as set out in Annex 1of Regulation (EU)

No. 1333/2011 and any subsequent Regulation.

(4) Products not required to conform to the specific marketing

standards shall conform to the general marketing standards

Provided that, where the holder is able to show that he is in

conformity with any applicable standards adopted by the United

Nations Economic Commission for Europe (UNECE), the product

shall be considered as conforming to the general marketing

standard.

(5) By way of derogation from Article 76(3) of Regulation (EU)

No. 1308/2013 as regards the specific marketing standards, fruit and

vegetables other than the ‘Extra’ Class, at stages following

dispatch, may show a slight lack of freshness and turgidity and

slight deterioration due to their development and their tendency to

perish.

(1) By way of derogation from Article 76(3) of Regulation

(EU) No. 1308/2013, the following products shall not be required to

conform to the marketing standards

(a) provided they are clearly marked with the words

‘intended for processing’ or ‘for animal feed’ or any

other equivalent wording, products

(i) intended for industrial processing, or

(ii) intended for animal feed or other non-food use;

(b) products transferred by the producer on his holding to

consumers for their personal use;

(c) products recognised in a Commission Decision taken

at the request of a Member State in accordance with

the procedure referred to in Article 229 of Regulation

(EU) No. 1308/2013 as products of a given region

which are sold by the retail trade of the region for well

established traditional local consumption;

(d) products having undergone a trimming or cutting

making them ‘ready to eat’ or ‘kitchen ready’;

(e) products marketed as edible sprouts, following

germination of seeds of plants classified as fruit and

vegetables under Article 1(2)(i) and Part IX of Annex 1

to Regulation (EU) No. 1308/2013.

(2) By way of derogation from Article 76(3) of Regulation (EC)

No. 1308/2013, the following products shall not be required to

conform to the marketing standards within a given production area

(a) products sold or delivered by the grower to preparation

and packaging stations or storage facilities, or shipped

from his holding to such stations; and

(b) products shipped from storage facilities to preparation

and packaging stations.

(3) By way of derogation from Article 76(3) of Regulation (EU)

No. 1308/2013, the competent authority shall exempt from the

specific marketing standards products presented for retail sale to

consumers for their personal use and labelled ‘product intended for

processing’ or with any other equivalent wording and intended for

processing other than those referred to in sub-regulation (1)(a)(i).

(4) By way of derogation from Article 76(3) of Regulation (EU)

No. 1308/2013, the competent authority may exempt from the

marketing standards products directly sold by the grower to the

final consumer for personal use on markets reserved only for

producers within a given production area defined by Member

States.

(5) By way of derogation from Article 76(3) of Regulation (EU)

No. 1308/2013 as regards the specific marketing standards, fruit and

vegetables other than the ‘Extra’ Class, at stages following

dispatch, may show a slight lack of freshness and turgidity and

slight deterioration due to their development and their tendency to

perish.

(6) By way of derogation from Article 76(3) of Regulation (EU)

No. 1308/2013, the following products shall not be required to

conform to the general marketing standard

(a) non-cultivated mushrooms of CN code 0709 59,

(b) capers of CN code 0709 90 40,

(c) bitter almonds of CN code 0802 11 10,

(d) shelled almonds of CN code 0802 12,

(e) shelled hazelnuts of CN code 0802 22,

(f)

shelled walnuts of CN code 0802 32,

(g) pine nuts of CN code 0802 90 50,

(h) pistachios of CN code 0802 50 00,

(i)

macadamia of CN code 0802 60 00,

(j)

pecans of CN code ex 0802 90 20,

(k) other nuts of CN code 0802 90 85,

(l)

dried plantains of CN code 0803 00 90,

(m) dried citrus of CN code 0805,

(n) mixtures of tropical nuts of CN code 0813 50 31,

(o) mixtures of other nuts of CN code 0813 50 39,

(p) saffron of CN code 0910 20,

(q) plantains, fig bananas and bananas intended for

processing not falling within CN code 080300.

Evidence shall be supplied to the competent authority that the

products falling under this sub-regulation and sub-regulations (1)

to (5) fulfil the conditions laid down, in particular with regard to

their intended use.

(7) Products directly sold by the grower directly to the final

consumer for personal use represented in the ‘Farmers’ Market’

shall be exempt from the application of marketing standards

Provided that in case growers selling in the Farmers’

Market decide to apply the marketing standards, the relative fruit

and vegetables will become subject to all the provisions of these

regulations. Traders opting to be included in the database shall

inform the competent authority accordingly.

(8) Products sold by a grower from his own personal premises,

being a garage or a farmhouse shall be exempt from the application

of marketing standards.

(9) Imports from third countries referred to in Annex IV of the

Commission Implementing Regulation (EU) No. 543/2011, which

are in compliance with Article 15 of the said Regulation, shall be

exempt from the application of marketing standards.

(10) Products subject to specific marketing standards presented

for retail sale to consumers for their personal use and labelled

‘‘product intended for processing’’ or with any other equivalent

wording and intended for processing, other than those referred to in

sub-regulation (1)(a)(i), shall not be required to conform to specific

marketing standards.

(11) Products recognised in a Commission Decision taken at the

request of a Member State in accordance with the procedure

referred to in Article 229 of Regulation (EU) No. 1308/2013 as

products of a given region which are sold by the retail trade of the

region for well established traditional local consumption shall not

be required to conform to specific marketing standards.

(12) The competent authority may, where it deems relevant,

demand evidence to trace the intended use of the product.

(1) The information particulars required by the general

marketing standards and the specific marketing standards shall be

shown legibly and clearly on one side of the packaging, either by

being printed directly onto the package or by means of a label,

which is either an integral part of the package or which is affixed to

it.

(2) For goods shipped in bulk and loaded directly onto a means

of transport, the information particulars referred to in sub-

regulation (1) shall be given in a document accompanying the

goods or shall be shown on a notice board placed in an obvious

position inside the means of transport.

(3) In the case of distance contracts in terms of Article 2(7) of

Directive 2011/83/EU of the European Parliament and of the

Council, conformity with the marketing standards shall require that

the information particulars shall be made available before the

purchase is concluded.

(4) Invoices and accompanying documents, excluding receipts

from the consumer, shall indicate the name and the country of

origin of the products and, where appropriate, the class, the variety

or commercial type, if required, in a specific marketing standard, or

the fact that they are intended for processing.

(1) At the retail stage, the information particulars required

by the general marketing standards and the specific marketing

standards shall be displayed legibly and in a conspicuous manner.

(2) Products may be presented for sale provided the retailer

displays prominently, adjacent to and legibly, the information

particulars relating to country of origin and, where appropriate,

class and variety or commercial type, in such manner as not to

mislead the consumer.

(3) For products which are pre-packaged within the meaning of

Regulation (EU) No. 1169/2011 of the European Parliament and of

the Council, the net weight shall be indicated, in addition to all the

information provided for in the marketing standards

Provided that, in the case of products sold by number, the

requirement to indicate the net weight shall not apply, if the number

of items may be clearly seen and easily counted from the outside or,

if the number is indicated on the label.

(1) The marketing of packages of products of a net weight

of 5kg or less containing mixes of different types of fruit and

vegetables shall be allowed, provided that

(a) the products are of uniform quality and each product

concerned complies with the relevant specific

marketing standard or, where no specific marketing

standard exists for a particular product, with the

general marketing standard;

(b) the package is appropriately labelled in accordance

with the general marketing standards and the specific

marketing standards; and

(c) the mix is not such so as to mislead the consumer.

(2) The requirements of sub-regulation (1)(a) shall not apply to

products included in a mix which are not products of the fruit and

vegetables sector referred to in Article 1(2)(i) of Regulation (EU)

No. 1308/2013.

(3) If the fruit and vegetables in a mix originate in more than

one Member State or third country, the full names of the countries

of origin may be replaced with one of the following, as appropriate

(a) "mix of EU fruit and vegetables",

(b) "mix of non-EU fruit and vegetables",

(c) "mix of EU and non-EU fruit and vegetables".

(1) The competent authority shall be responsible for the

implementation and enforcement of these regulations, including the

establishment of the necessary contacts and coordination

mechanisms relating to marketing standards.

(2) The Inspectorate Unit shall be responsible for carrying out

conformity checks at each stage of marketing. The Inspectorate

Unit shall report all its findings to the competent authority.

(1) The competent authority shall set up a database on

traders in fruit and vegetables, which shall list, under the

conditions established in Article 10 of Commission Implementing

Regulation (EU) No. 543/2011, traders involved in the marketing

of fruit and vegetables for which standards have been laid down

pursuant to Articles 74, 75 of Regulation (EU) No. 1308/2013.

(2) The following traders shall not be required to be included in

the database

(a) natural or legal persons whose activities in the fruit

and vegetables sector are limited either to the transport

of goods, or to the sale at the retail stage;

(b) natural or legal persons whose activities in the fruit

and vegetable sector are limited to processing.

(3) Traders shall provide such information as the competent

authority considers necessary to set up and update the database.

The traders database shall consist of

(a) the registration number, name and address;

(b) information needed for its classification in one of the

risk categories mentioned in Article 11(2) of

Commission Implementing Regulation (EU) No. 543/

2011, in particular, position in the marketing chain and

information concerning the importance of the firm;

(c) information concerning findings made during previous

checks of each trader;

(d) any other information considered necessary for checks

such as information concerning the existence of a

quality assurance system or self-check system related

to the conformity to the marketing standards.

(4) The competent authority may if it deems necessary request

from other authorities information which lies within the scope of

these regulations, in order to be able to compile the database

Provided that the data subject concerned is informed about

the processing of personal data in accordance with the Data

Protection Act.

(5) The updating of the database shall be carried out in

particular using the information collected during conformity

checks.

(6) These regulations shall also be applicable to traders not

established in Malta, but are trading within it.

(7) Traders shall supply all information deemed necessary by

the competent authority for the application of this regulation.

(1) The Inspectorate Unit shall perform conformity checks

which are to be carried out selectively, based on a risk analysis, and

with appropriate frequency, so as to ensure appropriate compliance

with the marketing standards and other provisions of these

regulations.

(2) Where the conformity checks conducted in terms of sub-

regulation (1) reveal significant irregularities, the Malta Food

Agency shall order the increase in the frequency of checks in

relation to traders, products, origins, or other parameters.

(3) Traders shall provide the competent authority and the

Inspectorate Unit with all such information as they consider

necessary for organising and carrying out conformity checks.

(4) The competent authority shall in advance publish the

criteria for assessing the risk of non-conformity of lots, on the basis

of a risk analysis for each risk category. The competent authority

shall in advance publish these criteria through a notice in the

Gazette.

(5) The sample of the minimum rate of on-the-spot checks shall

be drawn partly on the basis of a risk analysis and partly at random.

The competent authority shall establish the risk factors. To assure

relevant and efficient risk analysis, the effectiveness of the risk

analysis shall be assessed and updated on an annual basis taking

into account the relevance of each risk factor, comparing the results

of randomly and risk-based selected samples and the specific

situation in the particular risk category.

(6) The minimum control rate in respect of the marketing

standards’ obligations shall be established in accordance with the

provisions of this regulation. In this regard the control rate shall be

fixed at a minimum of 10% of traders present in the traders

database and subject to marketing standards.

(7) The sampling of on-the-spot checks for marketing standards

shall take into account the participation of such traders in relevant

certifications systems. It should, however, be demonstrated when

taking that participation into account, that the traders participating

in such schemes represent a lesser risk than traders not

participating in those schemes.

(8)

(a) Control samples for on-the-spot checks under this

regulation shall be selected by the competent authority

on the basis of a risk analysis, as per data available in

the traders database.

(b) To provide the element of representativeness, the

competent authority shall select randomly 20% of the

minimum number of traders to be subject to on-the-

spot checks

Of 100%

20% Random

•

20% Random

80% Risk

•

20% largest amount of revenue

•

20% largest variety of fruit and vegetables

subject to specific marketing standards

•

40 % previous cases on non-compliance

The effectiveness of the risk analysis shall be assessed

and updated on an annual basis

(a) by establishing the relevance of each risk factor

(b) by comparing the results of the risk based and

randomly selected sample

(c) by taking into account the specific situation.

The competent authority shall keep records of the reasons

for the selection of each farmer for an on-the-spot check. The

inspector carrying out the on-the-spot check shall be informed

accordingly prior to the commencement of the on-the-spot check.

(1) The customs authority may only accept export

declarations and, or declarations for the release for free circulation

for the products subject to specific marketing standards, if

(a) the products are accompanied by a conformity

certificate issued in terms of regulation 12; or

(b) the competent authority has informed the customs

authority that the lots concerned have been issued with

a conformity certificate in terms of regulation 12; or

(c) the competent authority has informed the customs

authority that it has not issued a conformity certificate

for the lots concerned, because they do not need to be

checked in the light of the risk assessment referred to

in regulation 10(1).

(2) The provisions of sub-regulation (1) shall be enforced

without prejudice to any conformity checks that the Inspectorate

Unit may carry out pursuant to regulation 10.

(3) Sub-regulation (1) shall also apply to products subject to

the general marketing standards and products referred to in

regulation 4(1)(a) if the Malta Food Agency considers it necessary

in the light of the risk analysis referred to regulation 10(1) and also

Article 11(1) of Commission Regulation 543/2011.

Conformity certificates confirming that products conform

to the relevant marketing standard shall be issued by the competent

authority, in terms of Article 14 of Commission Implementing

Regulation (EU) No. 543/2011.

(1) The competent authority shall publish in advance

guidelines for specific arrangements for checking conformity at the

point of retail or sale to the end consumer.

(2) The Inspectorate Unit may, at any time, and without giving

any previous notice, except in cases of import and export, enter any

premises for the purpose of inspection and of ensuring the carrying

out of the provisions of these regulations or of any other law

relating to the sale of fresh fruit and vegetables. For this purpose

the Inspectorate Unit may request the assistance of the members of

the Police Force.

(3) Where the Inspectorate Unit finds that the products

conform with the marketing standards, the Inspectorate Unit shall

make its recom mendations to th e com pet ent aut hority. The

competent authority shall then issue a conformity certificate in

t e r m s o f r e g u l a t i o n 1 2 on t h e fo r m se t o u t i n A n n e x I I I o f

Commission Implementing Regulation (EU) No. 543/2011.

(4)

(a) Where the products do not conform with the standards,

the competent authority shall issue a finding of non-

conformity for the attention of the traders or their

representatives.

(b) Goods for which a finding of non-conformity has been

issued may not be moved without the authorisation of

the competent authority which issued that finding.

That authorisation can be subject to the respect of

conditions laid down by the competent authority.

(5) Traders may decide to bring all or some of the products into

conformity. Products brought into conformity may not be marketed

before the competent authority has ensured that the products have

actually been brought into conformity.

(6) The competent authority shall issue, where applicable, a

certificate of conformity on the form set out in Annex III of

Commission Implementing Regulation (EU) No 543/2011 for the

lot of products or part thereof, only after such products have been

brought into conformity.

(7)

(a) If the competent authority accepts a trader’s wish to

bring the goods into conformity in a Member State

other than that where the check leading to a finding of

non-conformity has been carried out, the trader shall

notify the competent authority of the destination

Member State of the non-conforming lot.

(b) The competent authority issuing the finding of non-

conformity shall send a copy of that finding to the

other Member States concerned including the Member

State of destination of the non-conforming lot.

(8) In the case of products that can neither be brought into

conformity nor be sent as animal feed, industrial processing or any

other non-food use, the competent authority may, if necessary,

request traders to take adequate measures, in order to ensure that

the products concerned are not marketed.

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

any of the provisions of these regulations shall be guilty of an

offence against these regulations and shall, upon conviction, be

liable -

(a) on a first conviction, to a fine (multa) of not less than

five hundred euro (€500) but not exceeding one

thousand two hundred euro (€1,200);

(b) on a second or subsequent conviction, to a fine (multa)

of not less than one thousand two hundred euro

(€1,200) but not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), and to the suspension of any permit, pass

or licence, for a period of not less than one month but

not exceeding six months.

(2) In every case of conviction for an offence against these

regulations, the Court may order the forfeiture of the articles to

which the offence relates and such articles shall be forfeited to the

Government.

(3) Offences against these regulations shall be deemed to be

contraventions but proceedings in respect thereof may be

commenced at any time within one year of the commission of the

offence.

(4) Proceedings in respect of an offence against these

regulations shall be taken before the Courts of Magistrates sitting

as a court of criminal judicature and the provisions of the Criminal

Code relating to criminal proceedings before such court shall,

subject to the preceding sub-regulations of this regulation, apply in

respect of proceedings for offences against these regulations.

(1) Where the Malta Food Agency has reasonable cause to

believe that -

(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 a penalty

under this article,

he may cause a notice in writing in accordance with sub-regulation

(2) to be served on that person.

(2)

A notice under 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 (being a

sufficient summary fully and fairly to inform the

person of the allegation against him);

(c) any other matters (not being previous convictions) that

the Malta Food Agency considers relevant to the

imposition of a penalty; and

(d) the amount of the penalty due, and where the penalty

due depends on a previous conviction, the date of such

conviction, and shall be endorsed on a statement

setting out the provisions of this article.

(3) Any person on whom a notice under sub-regulation (1) is

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

writing in the appropriate form served on the Malta Food Agency,

require that proceedings in respect of the alleged offence shall be

dealt with by the Court, in which case the following provisions

shall apply

(a) no further proceedings shall be taken under this

regulation by the Malta Food Agency; and

(b) nothing in this regulation shall be construed to prevent

the institution of any proceedings in respect of the

alleged offence or the conviction of the person for the

offence by the Court or the imposition of any penalty

or forfeiture under these regulations upon such

conviction.

(4) Any person on whom a notice under sub-regulation (1) is

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

offence be dealt with by the Court may by notice in writing served

on the Malta Food Agency -

(a) admit the offence, and

(b) pay the amount of the penalty to the Malta Food

Agency within thirty days after the notice of the

penalty is served or after such subsequent period as the

Malta Food Agency may determine.

(5) Where under this regulation a person admits an offence, the

Malta Food Agency shall impose a monetary penalty on that person

in respect of the offence amounting to one-third of the maximum

penalty to which the person would be liable if he were convicted of

the offence by the Court under these regulations.

(6) The penalty imposed under sub-regulation (5) 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 in the same manner

as if it were a judgement of the competent Court of civil

jurisdiction.

(7) Notwithstanding any other provisions of these regulations

or of any other enactment, where an offence has been admitted

under this regulation no charge may be laid in respect of the

offence against any person by whom it has been admitted.

(8) Where a person on whom a notice under sub-regulation (1)

is served does not, within thirty days after the notice is served on

him admit the offence or does not serve the Malta Food Agency

with a notice in accordance with sub-regulation (3), the Malta Food

Agency shall institute proceedings or cause proceedings to be

instituted before the Court in respect of the alleged offence.