PRODUCTION OF OLIVE OIL REGULATIONS *

SUBSIDIARY LEGISLATION 117.46

PRODUCTION OF OLIVE OIL REGULATIONS *

7th September, 2023

LEGAL NOTICE 151 of 2023.

(1)

The title of these regulations is the Production of

Olive Oil Regulations.

In these regulations, unless the context otherwise

requires

"Act" means the Supplies and Services Act;

"Directorate" means the Agriculture Directorate;

"Director" means the Director of Agriculture and

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

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

purposes of these regulations;

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

article 124 of the Constitution of Malta;

"Minister" means the Minister responsible for agriculture

and includes, to the extent of the authority given to him, any

officer authorised by him, in writing, to act in that behalf for

any of the purposes of these regulations;

"person" includes any partnership, association of

persons, or a legal entity;

"olive grower" means any person who cultivates olive

trees for the purpose of producing olives for the commercial

production of olive oil or table olives;

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

olive trees;

"olive oil marketing year" means the period running from

1st July of each year to 30th June of the following year;

"olive oil producer" means a person who processes olives

for olive oil production;

"olive oil production" means the processing of olives into

olive oil.

(1)

No person shall engage in the local production of

*These Regulations have been transposed to Cap 639, see S.L. 639.01. - See Act

XXXIII of 2023.

olive oil without a valid licence issued by the Director.

(2)

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

renewal shall be of twenty-five euro (€25) per year.

(3)

Producers shall apply for a licence in accordance with

sub-regulation (1) by not later than the 1st July of each year.

(4)

Late applications submitted after 1st July of each year

shall be charged a fee of one euro (€1) for each day after the

aforementioned date, in addition to the fee prescribed in sub-regulation

(2).

(5)

Any licence issued in accordance with this regulation

shall be valid up to the 30th June of the following year and shall be

renewed from year to year unless such licence is cancelled or revoked

in terms of the provisions of these regulations.

(6)

Any licence issued in accordance with this regulation

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

specific location where such olive oil production takes place.

(1)

An application for the issue of a licence in

accordance with regulation 3 shall be made by submitting to the

Director a duly signed and completed of the prescribed form as

provided by the Directorate and published on government online

services and the official Directorate website.

(2)

Annexed to the application there shall be details of the

processing plants including make, engine number and processing

capacity, in addition to information on how the machinery processes

olive oil, issued or duly certified by the machine manufacturers.

(3)

A licence may only be issued following the necessary

clearance issued from the Directorate responsible for environmental

health approving the premises.

(4)

A licence issued in accordance with regulation 3 shall not

exempt the holder thereof from compliance with any other requirement

under any other law.

Where the issue or renewal of a licence has been

refused, the Director shall inform the applicant of such refusal

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

Administrative Review Tribunal established in terms of article 5 of

the Administrative Justice Act and the provisions of the said Act

shall apply accordingly.

(1)

The Director shall keep a Register of Olive

Growers and Olive Oil Producers, hereinafter referred to as "the

Register", which shall be updated periodically.

(2)

Olive oil producers shall be automatically registered in

the Register referred to in sub-regulation (1) upon the issuance of their

licence in accordance with regulation 3, while olive growers shall

automatically be registered in the said Register upon registration with

the Directorate of agricultural land parcels where olive trees are

cultivated as required in accordance with the Nitrates Action

Programme Regulations.

(3)

The Directorate shall publish a list of licensed olive oil

producers on the official website in order to make it accessible to the

public. The list shall be updated yearly after the issuing of the licences

to approved olive oil producers.

(4)

No person shall grow olives for olive oil production or

table olives unless said person is listed in the Register as provided in

sub-regulation (1) and the land where such olives are to be grown is

registered with the Directorate.

(5)

Persons having less than ten (10) olive trees and, or less

than five hundred square metres (500m²) of land used for the

production of olives are exempted from the obligation to register in

accordance with sub-regulation (4), provided that such olives are not

intended for commercial olive oil production or other commercial

purposes.

(1)

Olive growers shall submit to the Director by the

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

declaration as provided by the Directorate and published on the

government online services and the official Directorate website.

(2)

The said declaration ‘Harvest of Olives’ shall contain the

personal details of the grower, the details of the fields which have been

registered in the Register, the variety of olives, the amount of olive

trees, the amount of olives harvested, and whether they are intended

for table or olive oil production, the amount in kilograms sold to

producers of olive oil, the amount in kilograms sold to Pitkalija, details

on personal use, and any other necessary details as determined by the

Directorate.

(1)

Olive oil producers shall submit to the Director by

the 15th January of each year a duly signed and completed olive oil

production declaration as provided by the Directorate and published

on the government online services and the official Directorate website.

(2)

The declaration provided for in terms of sub-regulation

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

were purchased or otherwise obtained, or who delivered olives for

pressing, together with copies of original receipts showing the amount

of olives purchased or delivered.

(1)

An olive oil producer shall maintain records of his

activity and shall provide the information to the Director when

requested to do so.

(2)

For each delivery of olives, the olive oil producer shall

provide the person delivering the olives with a receipt indicating

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

amount in kilos delivered for every variety of olives. A copy of the

said receipt shall be provided to the Directorate in accordance with

sub-regulation (1).

(3)

The Director may, at any time, request an olive oil

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

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

particular day as may be specified in said request.

(4)

The Directorate shall by the 31st July of every year

receive from the olive oil producer an olive oil stocks declaration. The

said declaration on the prescribed form issued by the Directorate and

published on the government online services and the official

Directorate website shall stipulate the amount of olive oil in litres held

on the premises where the production of the said olive oil takes place.

The Director may issue codes of good practice with

respect to compliance with the provisions of these regulations and any

European Union legislation providing guidance to any persons

engaged in olive growing and olive oil production.

(1)

The Minister may appoint public officers to be

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

olive related products.

(2)

No person who is engaged directly or indirectly in any

commercial enterprise related to the production of olive oil or olive

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

shall be engaged directly or indirectly in any commercial enterprise

related to the production of olive oil or olive related products.

(3)

An authorised officer shall have the power, at any

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

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

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

inspect any such olive oil and to take samples thereof

Provided that an authorised officer shall not enter into

any dwelling unless authorised by a Magistrate by means of an entry

and search warrant.

(4)

An authorised officer shall have the right of access to,

and inspect documentation relating to any registers, records and notes

kept in accordance with the provisions of these regulations.

(5)

Any authorised officer exercising any power conferred

by sub-regulation (3) may

(a)

seize and obtain any records which he has reason

to believe may be required as evidence in proceedings in

accordance with any of these regulations; and

(b)

in the case where the records are kept by

electronic means, require the person occupying and present at

the searched or any other person who appears to the said officer

to be in charge of the premises and who happens to be present

during the search, to print the said records.

(6)

Any authorised officer who discloses to any person any

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

any trade secret shall, unless the disclosure is made necessarily in the

performance of his duty and without prejudice to any other liability

under any other law, be guilty of an offence.

(7)

Any person who

(a)

intentionally obstructs or causes the obstruction of

any person acting in the proper exercise of his functions in

accordance with these regulations; or

(b)

without reasonable cause, fails to give to any

person, acting in the exercise of his functions in accordance

with these regulations, any assistance or information which he

may be required to give in accordance with these regulations or

any other law, or gives false or misleading information, shall be

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

be barred by the lapse of three (3) months.

Where an irregularity is found as regards to compliance

with the requirements laid down in these regulations, the Director shall

order in writing the cessation of olive oil production, until such

irregularity is rectified.

(1)

In the case of any irregularity or breach in

accordance with these regulations, a warning notice shall be sent by

the Director by means of registered mail, setting out the conditions

required to rectify the concerned person’s at fault position and shall

include the following information

(a)

the date when the offence was committed and the

provisions of these regulations which were breached;

(b)

the facts on which the warning notice was issued;

(c)

the measures that, in the Director’s opinion, shall

be taken in order to rectify the irregularity or breach;

(d)

the period within which the said measures have to

be rectified as the Director deems reasonable in the

circumstances.

(2)

When the person to whom the warning notice is

addressed does not fulfil the measures referred to in paragraph (c) of

sub-regulation (1), within the period referred to in paragraph (d) of the

same sub-regulation as specified in the same warning notice, the

provisions established in regulation 14 shall apply

Provided that where a person does not comply with sub-

regulation (1) of regulation 3, the Director shall impose a fine (multa)

in accordance with sub-regulation (1) of regulation 16 and

consequently the provisions of regulations 13 and 14 shall not apply.

(1)

Where any person fails to comply with a warning

notice served in accordance with regulation 13 within the time

specified therein, the Director shall issue an enforcement notice in

accordance with sub-regulation (2) to be served on the person at

default by means of registered mail.

(2)

An enforcement notice served in accordance with sub-

regulation (1) shall specify

(a)

the date when the offence was committed and the

provisions of these regulations which were breached;

(b)

the facts on which the enforcement notice was

issued;

(c)

the measures that, in the Director’s opinion, shall

be taken in order to rectify the irregularity or breach;

(d)

the period within which the said measures have to

be rectified as the Director deems reasonable in the

circumstances;

(e)

a notice warning the person that if he remains in

default, the Director shall have the power to impose a fine

(multa) in accordance with sub-regulation (1) of regulation 16.

(3)

Any enforcement notice issued by the Director shall be

deemed to have been delivered and duly served if it is physically

delivered or sent by registered post to the person at his place of

residence, business or work as indicated by him.

(1)

In any criminal proceedings before the Court of

Magistrates for an offence in accordance with these regulations, the

Director or any officer, lawyer or legal procurator delegated by the

Director may, notwithstanding any law to the contrary, file the charge

before the Court of Magistrates, produce evidence, plead and

otherwise conduct the prosecution.

(2)

The sworn statement of any officer, lawyer or legal

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

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

thereof be required by the accused.

(1)

Any person shall be guilty of an offence in

accordance with these regulations if he

(a)

fails to comply with any provision of these

regulations or any lawful order given by virtue of these

regulations;

(b)

intentionally obstructs or causes the obstruction of

any person acting in the proper exercise of his functions in

accordance with these regulations and, or fails to allow an

inspection authorised in accordance with these regulations;

(c)

without reasonable cause, fails to give to any

person, acting in the exercise of his functions in accordance

with these regulations, any assistance or information which he

may be required to give in accordance with these regulations or

any other law, or gives false or misleading information;

(d) conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these

regulations or to fail to comply with any such provisions,

including any order lawfully given in terms of any of the

provisions of these regulations, or to contravene any restriction,

prohibition or requirement imposed by or in accordance with

the said regulations;

(e)

alters, forges, counterfeits or destroys any

document presented to or issued by the Director in accordance

with these regulations

Provided that the offender may enter into an out of

court settlement with the Director to pay a fine (multa)

equivalent to one third of the maximum fine (multa) indicated

in sub-regulation (2) and to rectify the infringement in lieu of

contesting in Court the charges in his regard

Provided further that where a person on whom a

fine (multa) mentioned in this regulation is imposed does not,

within thirty (30) days from date of service, pay the fine

(multa), the Director shall, without prior notice, have the right

to institute proceedings or cause proceedings to be instituted

before the Court of Magistrates in respect of the alleged offence

as provided in regulation 15.

(2)

Any person who is found guilty of an offence against the

provisions of these regulations shall, on 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

PRODUCTION OF OLIVE OIL

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 to a fine

calculated on the profit made by the offender in contravention

of 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.

(3)

Where any person is convicted of an offence against

these regulations, the Court may, in addition to any other punishment

that it may impose

(a)

sentence the offender to imprisonment for a term

of not less than thirty (30) days and not exceeding two (2)

years;

(b)

order the forfeiture to the Government of any

goods to which the offence relates, and if so forfeited any said

goods shall be disposed of in such a manner as the Court may

determine on the advice of the Director;

(c)

order the suspension for a period not being less

than one (1) month and not more than three (3) years or the

withdrawal, as the Court may deem fit, of any licence or permit

held by the offender and related to any trade or business to

which the offence relates, and may in addition order that any

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

convicted offender.