RATIONING REGULATIONS

SUBSIDIARY LEGISLATION 117.08

RATIONING REGULATIONS

15th September, 1956

GOVERNMENT NOTICE 556 of 1956, as amended by Government

Notices 298 and 696 of 1958; Legal Notices 6 of 1959, 39 of 1960, 24 of

1963, 15 of 1964, 99 of 1971, 10 and 30 of 1972, 85 of 1973, 97 and 117 of

1974, 107 of 1975, 10 and 98 of 1976, and 409 of 2007.

The title of these regulations is the Rationing Regulations.

P ART I

Definitions

(Regulation 2)

Bread

Butter

Edible Oil

Flour

Imported wheat

Paste

Rice

Semolina

Sugar

Tinned Milk (except powdered milk)

In these regulations -

''baker'' means a person whether in receipt of flour for the baking

of bread or not, who owns or has been lent or who leases a bakery

and the person who is licensed by the Commissioner of Police to

keep a bakery;

''bread'' means bread, other than fancy bread, produced from

subsidised flour, salt and water, with the addition, if necessary, of

yeast and/or any other ingredient to improve quality of the bread as

may be permitted by the Director from time to time;

''bread seller'' means a person who retails bread to customers

registered under these Regulations and is in receipt of flour for the

baking of bread under these Regulations;

''burdnar'' means a person engaged in the trade of carrying flour;

''butter'' means butter issued for ration purposes;

''distributor'' means a person appointed by the Director to effect

the distribution of one or more rationed commodities to retailers

and other persons;

''commodity'' means any article which is ordinarily sold to the

public but does not include a rationed commodity;

''Director'' means the Director of Trade and includes any officer

of the Department of Trade to whom the Director may from time to

time assign any powers or duties under these Regulations;

''edible oil'' means edible oil issued for ration purposes;

''family'' includes all persons who habitually for not less than

five days in the week sleep in the same tenement and have their

food together, or who sleep in separate tenements in the same area

and have their food together, and also persons within the above

definition as regards sleeping notwithstanding that they take any or

all their meals elsewhere;

''fancy bread'' means bread produced from unsubsidised flour;

''flour'' means all wheat flour, except such parcels thereof that

may be certified by the Sanitary Authorities as unfit for human

consumption;

''head of the family'' means the member of a family who owns or

has been lent or who leases the tenement in which the family lives;

''miller'' means any person engaged in the production of wheat

flour from imported wheat and includes also the Malta Millers

Association, and any other association of persons performing such

functions;

''paste'' means the paste produced from subsidised flour;

''person'' includes an association of persons;

''ration book'' means any document issued by the Director to

regulate the purchase or sale of rationed commodities, and includes

documents or permits valid only for one purchase or one sale;

''rationed commodity'' means any article mentioned in the

Schedule to these Regulations;

''ration period'' means such period as may be prescribed by the

Director by direction published in the Gazette in respect of the

periodic distribution of rationed commodities;

''retailer'' means any person authorised to sell to the public by

retail any commodity and/or rationed commodity;

''rice'' means rice issued for ration purposes;

''sugar'' means subsidised sugar;

''to supply'' includes, in the case of bakers and/or breadsellers, to

deliver in accordance with such instructions as may be given from

time to time by the Director;

''tinned milk'' means tinned milk issued for ration purposes.

P ART II

Control of Rationing Documents and Licences

Any licence, ration book, permit, registration form or other

document issued by the Director under these Regulations, by which

or in virtue of which any rationed commodity may be acquired,

shall be personal to the person or family to whom it is issued, and

shall not be transferable unless otherwise provided in the document

itself.

No person shall sell or give in exchange or otherwise

transfer any of the documents referred to in regulation 3 issued in

his name or to him or to a member of his family by the Director as

aforesaid, and no person shall purchase or receive in exchange or

otherwise acquire or have in his possession any such document

which has not been issued in his name or to him or to a member of

his family as aforesaid.

Any person who makes use or attempts to make use of any

forged document of a nature referred to in regulation 3 shall, for all

purposes of the Criminal Code or of any other law, be presumed to

have knowingly made or attempted to make use thereof unless from

the evidence produced as to how and when that person came into

possession of such document the court is satisfied that that person

did not know that the document was forged.

The grant of a licence or permit under these Regulations

shall not exempt a trader from obtaining any other licence or permit

required by law for the exercise of his trade.

On conviction under regulation 4 a person shall be liable to

a fine (multa) of not less than twenty-three euros and twenty-nine

cents (23.29) but not exceeding one hundred and sixteen euros and

forty-seven cents (116.47).

P ART III

Control of Registration for Rationed Commodities

A ration book issued by the Director to any head of a

family or to any other authorised person shall be valid for the

purchase of each rationed commodity in accordance with the

quantities entered on the ration book at the time of issue or with

directions given from time to time by the Director and published in

the Gazette.

The Director may require any head of a family or his

representative to give information and to sign a declaration on any

matter relating to registration for rationed commodities.

(1) Any person who alleges that any ration book issued to

him has been irretrievably lost or destroyed may apply to the

Director who may replace it and may on replacing it impose the

payment of a fee not exceeding two euros and thirty-three cents

(2.33).

(2) Any person who, having has such a ration book replaced,

finds the original and fails to return the original to the Director

within seven days or who uses or attempts to use it, shall be guilty

or an offence against these Regulations.

No person who is serving in the Armed Forces or with any

other person or authority and who draws rationed commodities in

kind or obtains food from his place of employment shall be

registered for rationed commodities under these Regulations.

The Director may, by directions to be published in the

Gazette, provide that any person not being a citizen of Malta (or

class of persons not being citizens of Malta) and permitted to reside

in Malta in terms of the Immigration Act, may be registered for

only such rationed commodities as may be specified in the

direction

Provided that the Director may not refuse registration for

any commodity unless such commodity is also available on the

open market.

No person who is visiting these Islands as a tourist shall be

registered for rationed commodities under these Regulations.

For the purpose of these Regulations all persons shall be

deemed to be registered for rationed commodities according to the

records held by the Director on the date on which these Regulations

come into operation.

When any member of the family dies or ceases even

temporarily to be a member of the said family, the head of that

family shall report the fact to the Director within seven days. It

shall also be the duty of the head of the family to report to the

Director the name of any person joining the family, and of any

change of address of any or of all the members of the family.

Where any member of the family is about to leave these

Islands, the head of the family shall present to the Director his

rationing documents for cancellation or adjustment, as the case may

be, and shall obtain from the said Director a certificate that this

obligation has been complied or been dispensed with. Such

certificate m ust be presented to the Passport Office before

departure from these Islands, in default of which the person

concerned may be prevented from leaving.

No head of a family shall be allowed to change the retailer,

bread seller or paste manufacturer with whom he is registered for

the supply of any rationed commodity unless permission for so

doing has been granted by the Director under such conditions as

may be laid down by him.

It shall be an offence -

(a) for any head of a family to register any member of his

family more than once at a time;

(b) for any person to be knowingly registered more than

once at a time;

(c) for any head of a family or any person in registering or

for the purpose of obtaining any rationed commodity,

to make any statement or to give information which he

knows to be false, or to fail to give any information

which he knows to be relevant;

(d) for any person to fail to give the information or to sign

a declaration required under regulation 9.

19 On conviction for any offence against regulation 10(2), or

any one of regulations 11, 15, 16 and 18, the offender shall be

liable to a fine (multa) of not less than twenty-three euros and

twenty-nine cents (23.29) but not exceeding one hundred and

sixteen euros and forty-seven cents (116.47).

PART IV

Control of Production, Distribution, Use or Consumption

Jekk xi ]add jilser ir-regolament 10(2), jew xi wie]ed mir-

regolamenti 11, 15, 16 u 18, min jag]mel l-offi\a ikun so[[ett g]al

multa ta’ mhux inqas minn tlieta u g]oxrin euro u disg]a u g]oxrin

2007. `ente\mu (23.29) i\da mhux i\jed minn mija u sittax-il euro u

sebg]a u erbg]in `ente\mu (116.47).

IR-RABA’ PARTI

Kontroll ta’ Produzzjoni, Tqassim, U\u jew Konsum

No person shall acquire rationed commodities from any

person otherwise than in accordance with these Regulations and

with directions given by the Director.

Distributors, bakers, bread sellers, paste manufacturers,

retailers and burdnara shall acquire, from the persons indicated by

the Director during each ration period or during such other period

as the Director may direct, the whole quantity of rationed

commodities authorised by the Director in respect of that period.

Distributors and paste manufacturers shall supply rationed

commodities to retailers in the quantities and within the period

prescribed in relation to them by the Director in respect of each

ration period, and shall not dispose of any rationed commodity

except as directed by the Director.

Retailers, bakers and bread sellers shall supply within each

ration period rationed commodities to each family registered with

them in the quantities shown on the ration book; and they shall not

supply rationed commodities except in accordance with, nor in

excess of, the quantities entered upon the appropriate ration book,

unless such excess is authorised by directions given by the

Director.

The Director may, by direction to be published in the

Gazette, fix the period of time within which one or more specified

rationed commodities may be withdrawn by consumers from

retailers, bakers or bread sellers. Such direction may also provide

that retailers, bakers or bread sellers may dispose otherwise than in

accordance with ration books of the quantities which have not been

withdrawn within the period of time so specified.

The Director may by direction to be published in the

Gazette require distributors and paste manufacturers to furnish

returns regarding rationed commodities within such periods as may

be specified in the direction.

The Director may by direction to be published in the

Gazette require bakers, bread sellers and retailers to furnish returns

regarding rationed commodities within such period as may be

specified in the direction.

Millers, distributors, paste manufacturers, burdnara,

retailers, bakers and bread sellers shall be responsible for the

proper disposal of all rationed commodities issued to them, and any

miller, distributor, paste manufacturer, burdnar, retailer, baker or

bread seller who is unable to account in accordance with the

provisions of these Regulations, or in directions given by the

Director, for all rationed commodities issued to him shall be

deemed to have disposed illegally of such commodities, unless

from evidence produced the court is satisfied that he exercised all

reasonable care and diligence in the maintenance and disposal of

such commodities.

(1) Where any rationed commodity is spoiled, deteriorated

or in any way altered while it is in his possession or control or

w h i l e i t i s b e i n g pr o c e s s e d o r m a nu f a c t u r e d, e v e r y m i l l e r,

distributor, paste manufacturer, burdnar, retailer, baker or bread

seller shall forthwith report the case to the Director.

(2) The Director may direct such miller, distributor, paste

manufacturer, burdnar, retailer, baker or bread seller to acquire a

fresh supply to replace the rationed commodities so spoiled,

deteriorated or altered under such conditions, inter alia, as to

quantity and price, as he may determine.

No person shall be in possession of or shall have under his

control rationed commodities in excess of the quantities established

by or under these Regulations and/or in excess of the quantities

shown on the returns made under regulations 25 and 26.

The Director may authorise in writing any person or

persons to inspect, at any reasonable time, the books, documents,

stocks and premises of any trader to whom or by whom rationed

commodities are issued. Any person who hinders or obstructs any

duly authorised person or persons in the performance of his or their

duties under this regulation shall be guilty of an offence.

No person shall without being in possession of a licence or

a ration book issued by the Director make use of or dispose in any

way of any rationed commodity for any purpose other than that for

which the acquisition of any rationed commodity was allowed, or

in contravention of any of the conditions laid down in the licence or

ration book issued for the acquisition of any rationed commodity

Provided that heads of families shall not be precluded from

making use of or disposing otherwise than by sale of the rationed

commodities to which they are entitled as heads of families under

these Regulations in any manner they deem fit.

No person shall manufacture fancy bread unless he is

granted a special licence by the Director.

It shall be the duty of every miller or burdnar to deliver to

the person, authorised by the permit issued by the Director, the

quantity of flour specified therein.

No miller shall issue or keep for issue bags of flour of a net

weight of less than eighty rtal. Such bags shall have a resisting

label clearly and indelibly bearing the name of the mill, and they

may also be clearly and indelibly marked with the name of the mill

on the outside of the bag. Such label shall be firmly sewn or

attached to the mouth of the bag in such manner that it may not be

detached unless the bag is opened for use.

No burdnar shall work in the carriage of flour unless he is

granted a special licence by the Director.

No bread shall be offered for sale except in the shape either

of one piece oven bottom loaf or of a tin loaf.

All bread shall be sold by weight.

Any distributor, retailer, baker, bread seller or paste

manufacturer who intends to discontinue his trade shall give at

least two months’ notice in writing of his intention to do so to the

Director stating his reason for doing so.

Any baker who is unable on any day to bake bread, or any

bread seller who is unable on any day to distribute bread, shall

before 9.00 o’clock on the morning of the same day report the

m a t t e r t o t h e D i r e c t o r, e i t h e r p e r s o n a l l y o r t h r o u g h h i s

representative.

Subject to any direction given under regulation 24, no

retailer, bread seller or baker may sell bread to persons other than

his registered customer.

The Director may give such directions to any miller,

d i s t r i b u t o r, b u rd n a r, b a k e r, b r e a d s e l l e r, r e t a i l e r, p a s t e

manufacturer or any other person making use of or having under his

c o n tr o l a n y c o m m o di t y a n d /o r r a t i o n e d c o m m o di t i e s a s h e

considers necessary for the maintenance and control of production,

distribution, sale, use or consumption of rationed commodities.

Failure to comply with any such direction shall constitute a breach

of these Regulations.

On conviction, the offender shall be liable to a fine

(multa) -

(a) of not less than one hundred and sixteen euros and

forty-seven cents (116.47) but not exceeding five

hundred and eighty-two euros and thirty-four cents

(582.34) in the case of an offence against any one of

regulations 20, 21, 22, 30, 32, 33 and 38 and, in the

case of an offence against regulation 20, the rationed

commodities irregularly acquired shall also be

confiscated;

(b) of not less than twenty-three euros and twenty-nine

cents (23.29) but not exceeding one hundred and

sixteen euros and forty-seven cents (116.47) in the

case of an offence against any one of regulations 23,

29, 31, 34 and 35, and in the case of an offence against

29, the rationed commodities irregularly possessed or

controlled shall also be confiscated;

(c) of not less than eleven euros and sixty-five cents

(11.65) but not exceeding forty-six euros and fifty-

nine cents (46.59) in the case of an offence against any

one of regulations 25, 26, 28(1), 36, 37 and 40;

(d) of not less than two hundred and thirty-two euros and

ninety-four cents (232.94) but not exceeding one

thousand and one hundred and sixty-four euros and

sixty-nine cents (1,164.69) in the case of every and

single offence against any one of regulations 39 and

41;

(e) of not less than twice and not more than four times the

profit made by the offender in connection with the

transaction in contravention of regulation 27 and if the

profit made by the offender in contravention of

regulation 27 cannot be assessed by the court, then the

offender shall 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).

P ART V

Control of Establishments

In this part -

''establishment'' means any catering establishment and includes

hotels which have their restaurants open to the public, restaurants,

cafes, bars and any other places of refreshment open to the public,

clubs, hostels, boarding houses and other similar establishments,

but does not include any establishment under the control, directly

or indirectly, of the Maltese Government;

''food'' means any article of food which is cooked or prepared and

any beverage with the exception of wine, beer, spirituous liquor

and aerated water or other non-alcoholic drinks;

''management'' means the person or persons actually in charge of

the catering of any establishment, either because he owns or runs or

they own or run the establishment or because he is or they are under

a contract, oral or written, to supply food in an establishment, and

includes the licensees of the establishment;

''supply'' includes keep in an establishment and offer or attempt

to supply.

The Director may, by direction, prohibit any article of food

from being supplied for consumption in any establishment and

specify conditions under which articles of food may be supplied.

The management of any establishment, confectioners and

manufacturers of cheese-cakes, pies and hard biscuits shall obtain

rationed commodities for the purpose of supplying food for

manufacture and consumption, only from such traders as the

Director may specify and under such conditions as may be laid

down by him.

The management of any establishment shall display in a

conspicuous place in the establishment the price of every article of

food supplied therein for consumption.

On conviction, the offender shall be liable to a fine

(multa) -

(a) of not less than twenty-three euros and twenty-nine

cents (23.29) but not exceeding one hundred and

sixteen euros and forty-seven cents (116.47) in the

case of an offence against any one of regulations 44

and 45;

(b) of not less than eleven euros and sixty-five cents

(11.65) but not exceeding forty-six euros and fifty-

nine cents (46.59) in the case of an offence against

regulation 46.

P ART VI

General

In issuing any licence of permit under these Regulations

the Director may impose such conditions as he may deem fit. Any

holder of a licence or permit who contravenes or fails to comply

with any such conditions shall be deemed to have acted without a

licence or permit.

When an offence under these Regulations has been

committed by an association of persons, every person who, at the

time of the commission of the offence, was a director or officer of

the association shall be deemed to be guilty of the offence, unless

he proves that the offence was committed without his knowledge

and that he exercised all due diligence to prevent the commission of

the offence.

Nothing in these Regulations shall be of prejudice to

anything contained in any other enactment or regulations.

Licences and permits issued or granted under previous

Rationing Regulations shall be deemed to have been issued or

granted for the purposes of these Regulations.

All

offences

against

these

Regulations

shall,

notwithstanding any other law to the contrary, be cognizable by the

Court of Magistrates (Malta) or the Court of Magistrates (Gozo).