PRODUCER ORGANISATIONS BOARD REGULATIONS *

PRODUCER ORGANISATIONS BOARD

SUBSIDIARY LEGISLATION 447.04

PRODUCER ORGANISATIONS BOARD

REGULATIONS *

17th June, 2011

LEGAL NOTICE 233 of 2011.

The title of these regulations is the Producer Organisations

Board Regulations.

In these regulations, unless the context otherwise requires

"the Act" means the Producer Organisations Act;

"the Board" means the Producer Organisations Board established

in terms of regulation 3;

"the Director" shall have the same meaning as that assigned to it

in the Act;

"the Directorate" means the Directorate of Agriculture;

"the Minister" means the Minister responsible for agriculture;

"the Paying Agency" means the entity established in terms of the

Paying Agency Regulations;

"producer organisation" shall have the same meaning as that

assigned to it in the Act.

(1) There shall be established a Producer Organisations

Board which shall be responsible for

(a) advising the Director on any matter relating to

granting of recognition to producer organisations or

producer groups;

(b) advising the Director on decisions to be taken on any

matter arising from any application submitted in terms

of any regulations made under the Act;

(c) advising the Director on any measures to be taken on

any matter in connection with the monitoring of

producer organisations and producer groups, including

recommending the review of a particular producer

organisation’s operation and recommending spot-

checks or thorough investigations;

(d) advising the Director on any measures to be taken in

connection with cases of non-compliance including the

possible withdrawal of recognition;

(e) making proposals to the Director regarding the

initiation of reviews and audits;

(f)

making proposals to the Director regarding the

adoption and implementation of Manuals of Procedure

*These Regulations have been transposed to Cap 639, see S.L. 639.09. - See Act

XXXIII of 2023.

PRODUCER ORGANISATIONS BOARD

to regulate the procedures to be undertaken by the

Directorate with respect to the recognition of producer

organisations and the monitoring and review of their

operations;

(g) making proposals to the Director for the publication of

guidelines on the setting up and operation of producer

groups and producer organisations; and

(h) advising the Director on any other matter in

connection with producer organisations as may be

requested by the Director.

(2) The Producer Organisations Board shall consist of five

members to be appointed by the Minister and shall hold office in

accordance with such terms as established in their letter of

appointment.

(3)

The Board shall regulate its own procedure.

(4) The Chairperson of the Board shall be appointed by the

members of the Board during its first sitting.

(5) The Secretary to the Board shall be appointed by the

Director.

(6) Every member of the Board shall regard and deal with all

documents and information relating to matters contemplated by or

pursuant to the provisions of these regulations as secret and

confidential and shall make and subscribe before a Commissioner

for Oaths a declaration on oath to this effect in the form prescribed

which shall be deposited with the Attorney General.

(1) The Director shall consult the Board in the exercise of

his duties provided for in articles 7(1)(a) and (b), 8(2) and (3),

11(2)(a), (b) and (c), and 14(2) of the Act and any regulations made

thereunder, and prior to taking any decision as required by the same

articles or regulations.

(2) The Director may also consult the Board in the exercise of

other duties provided for in the Act and any regulations made

thereunder, and particularly with respect to articles 6(2)(d), 12(1)

and 13(1) of the Act.

The Board shall ensure that it provides the advice to the

Director as required in terms of regulation 3 in accordance with the

provisions of all applicable national and European Union

legislation in force at the time.

The Board shall, by the 31st March, submit an annual

report to the Minister in respect of the work undertaken during the

previous calendar year.