MT
METHODS OF SAMPLING AND ANALYSIS FOR THE CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE PCBS AND NON-DIOXIN-LIKE PCBS IN CERTAIN
Table of Provisions (7)
Statutory Text (7 Articles)
METHODS OF SAMPLING AND ANALYSIS FOR THE
CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE PCBS
AND NON-DIOXIN-LIKE PCBS IN CERTAIN
FOODSTUFFS
SUBSIDIARY LEGISLATION 437.122
METHODS OF SAMPLING AND ANALYSIS FOR THE
CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE
PCBS AND NON-DIOXIN-LIKE PCBS IN CERTAIN
FOODSTUFFS RULES
27th May, 2025
LEGAL NOTICE 94 of 2025.
(1)
The title of these rules is the Methods of Sampling
and Analysis for the Control of Levels of Dioxins, Dioxin-like PCBs
and Non-dioxin-like PCBs in Certain Foodstuffs Rules.
(2)
The scope of these rules is to implement the requirements
of Commission Regulation (EU) 2017/644 of 5 April 2017 laying
down methods of sampling and analysis for the control of levels of
dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain
foodstuffs and repealing Regulation (EU) No 589/2014.
(1)
In these rules, unless the context otherwise
requires
"Act" means the Veterinary Services Act;
"Commission Regulation (EU) 2017/644" means
Commission Regulation (EU) 2017/644 of 5 April 2017 laying
down methods of sampling and analysis for the control of levels
of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in
certain foodstuffs and repealing Regulation (EU) No 589/2014,
as in force from time to time;
"Department" shall have the same meaning as assigned
to it in the Act;
"Director" shall have the same meaning as assigned to it
in the Act.
(2)
Unless the context otherwise requires, words and phrases
used in these rules which are not defined herein shall have the same
meaning as assigned to them in Commission Regulation (EU) 2017/
644 and in the Act
Provided that in case of conflict the definitions in
Commission Regulation (EU) 2017/644 shall prevail.
The Department shall be the competent authority in
Malta for the purposes of Commission Regulation (EU) 2017/644.
METHODS OF SAMPLING AND ANALYSIS FOR THE
CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE PCBS
AND NON-DIOXIN-LIKE PCBS IN CERTAIN
FOODSTUFFS
Without prejudice to any other power or responsibility in
accordance with the law, and to its application in any other manner in
accordance with the law, Part IX of the Act shall also apply mutatis
mutandis to these rules.
(1)
Without prejudice to rule 4, any person who
breaches the provisions of these rules or any obligation in accordance
with these rules, or breaches a provision of Commission Regulation
(EU) 2017/644, or hinders any person responsible for their
implementation, shall on conviction, be liable to the punishments
established in the Act.
(2)
Without prejudice to the provisions of sub-rule (1), the
Court may also order any person guilty of an offence, to pay for the
expenses incurred by the competent authority and the Director as a
result of the said offence, as well as the revocation of any permit or
certification issued under these rules and the confiscation, retention or
destruction or other means of disposal of the animals and, or other
things involved.
(1)
Decisions of the Director in terms of these
regulations shall be subject to a right of appeal before the
Administrative Review Tribunal established by article 5(1) of the
Administrative Justice Act.
(2)
An appeal in terms of this regulation shall be filed within
twenty (20) days from service of the Director’s decision
Provided that the Director’s decision shall become
immediately applicable and enforceable and shall remain applicable
throughout the term of appeal until final judgment by the
Administrative Review Tribunal and shall remain applicable unless it
is overturned by the Tribunal or withdrawn by the Director.
(3)
There shall be a right of appeal from decisions of the
Administrative Review Tribunal to the Court of Appeal in accordance
with the provisions of Part IV of the Administrative Justice Act.