WINE REGULATIONS

SUBSIDIARY LEGISLATION 436.02

WINE REGULATIONS

2nd October, 1970

LEGAL NOTICE 93 of 1970, as amended by Legal Notices 14 of 1972,

24 of 1998, 426 of 2007 and 286 of 2011; and Act XIII of 2015.

The title of these regulations is the Wine Regulations.

Substituted by

L.N. 286 of 2011.

(Regulation 3)

Amended by

XIII. 2015.161.

Licence Application Form

WINE

WINE

(1)

In these regulations -

"the Act" means the Wine Act;

"the public service" means service in the Government of Malta,

but does not include service in the office of a member of the House

of Representatives, or of a member of any council, board, panel,

committee or other similar body established by or under any law.

(2) Words and phrases used in these regulations shall have the

same meaning as is assigned to them in the Act.

Substituted by

L.N. 286 of 2011.

(Regulation 8)

Production Declaration

(1) No person may apply for a licence under article 3 of

the Act, or for the renewal of any such licence, except on the form

in the First Schedule.

(2) An application for the renewal of any such licence must

reach the Department not later than the 15th day of December of

any year.

(1) No commercial licence under the Act shall be issued or

renewed by the Director unless he has ascertained that the winery is

adequately equipped for its purpose and unless the said winery and

relative machinery and equipment are certified by the

Superintendent of Public Health to be in conformity with the

provisions of the Food Safety Act and with the Hygiene of Food

Regulations, or with any Act or regulations substituting

respectively the said Act or regulations.

(2) If at any time during the validity of a licence it is found

that the winery or its machinery or equipment is no longer in

conformity with the provisions of sub-regulation (1), the Director

may suspend such licence until the licensee causes such winery,

machinery or equi pment, as the case may be, to be in such

conformity,

(3) For the purposes of this regulation, "Superintendent of

Public Health" includes the Principal Medical Officer, the Senior

Medical Officer, the Medical Officer of Health, the Health

Inspector and any other officer of the Department of Health duly

authorised in writing by the Superintendent of Public Health to

ensure the observance of the Hygiene of Food Regulations.

Before the issue or renewal of a licence under the Act, the

applicant shall pay to the Director such licence fee as is provided in

the next following regulation.

The fee chargeable by the Director for the issue or the

renewal of a licence under article 3 of the Act shall be of fifty-one

euro and thirty cents (€51.30).

(1) Any public weigher who shall have weighed grapes in

accordance with the provisions of article 10 of the Act shall keep a

copy of every note of weight and every such copy shall be available

for inspection by the Director or as specified in article 19(4) of the

Act.

(2) No copy of a note of weight as is referred to in sub-

regulation (1) shall be destroyed or otherwise disposed of before

the lapse of two years from its date.

Vintners shall submit a Production Declaration to the

Director by the 31st October of each year on the form in the Second

Schedule.

Any application for a licence required under any other law

for the importation of wine shall contain the following particulars

(a) the name and business address of the importer;

(b) the name and business address of the exporter;

(c) the type of wine to be imported;

(d) the quantity of wine to be imported;

(e) the brand name of the wine;

(f)

the alcoholic content in percentage by volume;

(g) the country of origin of the wine;

(h) the cif cost price to importer per bottle;

(i)

the retail price per bottle;

(j)

the liquid content per bottle.

(1) Vintners are to keep at the premises used as a winery

such records as are prescribed by the Act.

(2) When a person holds in his name licences in respect of

more than one winery, he may keep the records referring to all such

wineries in any one of the wineries, provided he first obtains the

permission of the Director.

(3) All records shall be neatly kept in legible writing and

entries therein shall be made promptly and without delay.

(4) Any register or record kept by vintners in terms of their

obligations under the Act or any regulations made thereunder shall

be made on numbered pages in a register previously approved by

the Director. Registers of the looseleaf type shall not be approved.

(1) The Minister shall, from time to time, detail a

competent person in the public service, as analyst for the purposes

of the Act.

(2) The analyst shall examine all samples taken in accordance

with article 20 of the Act and shall, without delay, submit his report

to the Director and a copy thereof to the vintner concerned.

Nothing herein contained shall exempt any licensee under

article 4 of the Act from obtaining any other licence required under

any other law.

Any person who contravenes or fails to comply with any of

these regulations shall be guilty of an offence and shall be liable to

the penalties stipulated under article 26 of the Act.