TUTA ABSOLUTA (CONTROL) REGULATIONS *

SUBSIDIARY LEGISLATION 433.26

TUTA ABSOLUTA (CONTROL) REGULATIONS *

12th January, 2010

LEGAL NOTICE 26 of 2010.

The title of these regulations is the Tuta Absoluta (Control)

Regulations.

These regulations concern the measures to be taken to

control and contain the Tomato leaf miner moth (Tuta absoluta).

In these regulations, unless the context otherwise requires

"the Act" means the Plant Quarantine Act;

"the Department" means the Plant Health Department;

"the Director" means the Director of Plant Health Department

and includes, to the extent of the authority given, any officer or

person authorized by the Director;

"the field" means a site, including open fields and greenhouses

for the production of susceptible plants;

"the grower" means any person, entity, authority or other legal

entity which is involved in the propagation, production or

cultivation of susceptible plants;

"the grower representative" means any entity or any other

legally constituted body, which manages, administers or is

responsible for any growers;

"the Minister" means the Minister responsible for agriculture;

"the Ministry" means the Ministry responsible for agriculture;

"mass trapping" means the trapping of the pest en masse;

"the pest" means the Tomato leaf miner moth (Tuta absoluta);

"movement" means the movement of plants, plant products and

other objects to which these regulations apply, from one place to

another within Malta or within the European Union.

"susceptible plants" means Solanaceae plants on which Tuta

absoluta can be injurious, and includes tomato, Lycopersicon

l y c o p e r s i c u m ( L . ) K a r s t e n e x F a r w a n d p o t a t o e s S o l a nu m

tuberosum L.

(1) On the occurrence or suspected occurrence of the pest

on susceptible plants, the Department shall be empowered to

register the infected plant and field.

(2) Any person, entity, authority, including growers, who are

involved in the propagation or production of susceptible plants

*These regulations were repealed by Legal Notice 83 of 2023.

shall

(a) ensure that the phytosanitary conditions within a field

are homogeneous as regards the risk of the pest by

taking into account sound scientific and statistical

principles, the biology of the pest, the cultivation of

the field and the particular production systems of the

host plants of Tuta absoluta in Malta; and

(b) carry out necessary actions and at appropriate times,

to ascertain that the obligations laid down in these

regulations and in any guidelines issued under these

regulations are met in such a way and manner as laid

down in any guideline instructions that may from time

to time be issued by the Director.

(3) Any grower representative, shall be obliged to follow such

guidelines issued by the Department and which the Director may,

from time to time, deem necessary to issue.

(4) To contain and control the pest, the Department shall

establish and enforce various provisions as may be published by

notice in the Gazette.

(5) Without prejudice to other regulations under the Act, the

Director may also take adequate enforcement measures, as may be

established in the Gazette and whi ch may i ncl ude the f ull

suspension and, or destruction of the susceptible plants produced,

propagated and, or cultivated in any of the fields under the

Director’s responsibility.

(1) Any grower or legal entity which is responsible for the

property where susceptible plants are kept, or where susceptible

plants will be produced during the next season, is obliged to

register such plants with the Ministry as the Director may establish

in the Gazette.

(2) No person shall carry out any of the following activities

unless such person is registered in terms of the provisions of sub-

regulation (1)

(a) propagating, growing, trading or any other activity

associated with any susceptible plants;

(b) the production or the management of collective and

dispatching centres.

(1)

Any grower or grower representatives are obliged

(a) to keep a record of all the susceptible plants and of any

other relevant information in such a manner as laid

down in guideline instructions as may by time to time

be issued by the Director;

(b) to give such information and co-operate with the

Director on any matter relating to these regulations

and for such purpose shall ensure access to any person

authorised by the Director, in particular for inspection

and, where appropriate, sampling, and to the records

referred to in paragraph (a) and related documents in

accordance with these regulations.

(2) Failure to abide by the Department’s instructions shall

entitle the Director to gain access to any premises and, or property

and to take any action which is deemed necessary in terms of these

regulations. All expenses incurred by the Department in exercising

such action shall be borne solely by the entity or any other legally

constituted body on whose property or premises the plants are

found.

(1) The Department shall issue guidelines and instructions

in the Gazette for the containment and control of this pest.

(2) Where, following the inspections or checks it is found that

the plants, plant products or other objects do not satisfy the

requirements established by these regulations or guidelines and

instructions issued under these regulations, the Department shall

immediately take adequate enforcement measures to contain the

pest as stipulated in regulation 4(5).

(1) Without prejudice to the provisions of the Act and

regulations made thereunder, inspections by the Department shall

be intensified on any imports of tomato seeds and seedlings.

(2) Any movement of tomato seedlings and tomato fruits will

be closely monitored by the Department and will be subjected to

the same regime to both tomato fruits and seedlings originating in

Malta or any other Member State.

(1)(a) It shall be the duty of the Director to ensure

compliance with the provisions of these regulations

and for such purposes the Director shall carry out such

checks, verifications and inspections during any such

time as may be necessary.

(b) For the purposes of the foregoing provisions of these

regulations, the Director shall have access to any

premises

where an activity regulated by these

regulations is being carried out and he shall also have

access to all relevant information and records. The

Director may also collect samples of plants, plant

products and other objects and carry out any relevant

checks thereon.

(2) Where it is established, through the checks carried out in

accordance with this regulation, that there is a risk for the

spreading of the pest, such checks shall be the subject of official

measures in accordance with these regulations or any other measure

that the Director may deem fit.

(3) Without prejudice to provisions of these regulations, if any

person, entity, authority or other legally constituted body is found

not to abide with these regulations or with instructions and

guidelines issued by the Department under these regulations, such

person, entity, authority or other legally constituted body shall be

guilty of an offence under the Act.

(1) The Director may, where he deems appropriate, issue

guidelines, measures or operative procedures for the

implementation of these regulations.

(2) Without prejudice to the generality of sub-regulation (1),

the Director may by notice published in the Gazette, lay down the

minimum measures to be taken to control and prevent the spread of

the pest.

Without prejudice to the provisions of these regulations,

any person found guilty of an offence against any provision of

these regulations shall, on conviction, be liable to penalties

established under the Act.

(1) The Director may at any time revoke the measures

taken to control the pest.

(2) Nothing in these regulations shall be construed to

contravene the provisions of the Act and regulations thereafter,

and, or relative European Union Regulations, Directives and

Decisions.