PRIMARY PRODUCTION OF FOOD OF NON- ANIMAL ORIGIN (INCLUDING SPROUTS PRODUCTION) REGULATIONS

PRIMARY PRODUCTION OF FOOD OF NON-ANIMAL

ORIGIN (INCLUDING SPROUTS PRODUCTION)

SUBSIDIARY LEGISLATION 639.11

PRIMARY PRODUCTION OF FOOD OF NON-

ANIMAL ORIGIN (INCLUDING SPROUTS

PRODUCTION) REGULATIONS

5th September, 2024

LEGAL NOTICE 153 of 2024.

(1)

The title of these regulations is the Primary

Production of Food of Non-Animal Origin (Including Sprouts

Production) Regulations.

(2)

The scope of these regulations is to implement the

requirements of Regulation (EC) No 852/2004 of the European

Parliament and of the Council of 29 April 2004 on the hygiene of

foodstuffs, Regulation (EU) 2017/625 of the European Parliament and

of the Council of 15 March 2017 on official controls and other official

activities performed to ensure the application of food and feed law,

rules on animal health and welfare, plant health and plant protection

products, amending Regulations (EC) No 999/2001, (EC) No 396/

2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012,

(EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the

European Parliament and of the Council, Council Regulations (EC) No

1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC,

1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and

repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the

European Parliament and of the Council, Council Directives 89/608/

EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC

and 97/78/EC and Council Decision 92/438/EEC (Official Controls

Regulation) and Commission Implementing Regulation (EU) No 208/

2013 of 11 March 2013 on traceability requirements for sprouts and

seeds intended for the production of sprouts, as in force from time to

time.

(3)

These regulations shall only apply up to, and including

the stage of primary production of food of non-animal origin, inclusive

of sprouts production.

In these regulations, unless the context otherwise

requires

"Act" means the Agriculture Act;

"competent authority" means the Agriculture Directorate

as referred to in the Act;

"Hygiene of Foodstuffs Regulation" means Regulation

(EC) No 852/2004 of the European Parliament and of the

Council of 29 April 2004 on the hygiene of foodstuffs, as in

PRIMARY PRODUCTION OF FOOD OF NON-ANIMAL

ORIGIN (INCLUDING SPROUTS PRODUCTION)

force from time to time;

"Official Controls Regulation" means Regulation (EU)

2017/625 of the European Parliament and of the Council of 15

March 2017 on official controls and other official activities

performed to ensure the application of food and feed law, rules

on animal health and welfare, plant health and plant protection

products, amending Regulations (EC) No 999/2001, (EC) No

396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No

1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/

2031 of the European Parliament and of the Council, Council

Regulations (EC) No 1/2005 and (EC) No 1099/2009 and

Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/

119/EC and 2008/120/EC, and repealing Regulations (EC) No

854/2004 and (EC) No 882/2004 of the European Parliament

and of the Council, Council Directives 89/608/EEC, 89/662/

EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/

EC and Council Decision 92/438/EEC (Official Controls

Regulation), as in force from time to time;

"operators" means operators engaged in the primary

production of food of non-animal origin, including sprouts

production;

"Traceability

Regulation"

means

Commission

Implementing Regulation (EU) No 208/2013 of 11 March 2013

on traceability requirements for sprouts and seeds intended for

the production of sprouts, as in force from time to time.

The competent authority shall be responsible for the

purposes of the primary production of food of non-animal origin,

including sprouts production, as included under the legal scope of

official controls in terms of the European Regulations stipulated in

these regulations, and shall have all the powers, functions, obligations

and responsibilities provided for by the said Regulations in order to

implement such Regulations in Malta.

Without prejudice to regulation 3, the competent authority

shall also be responsible for the approval of operators in accordance

with Article 6 of the Hygiene of Foodstuffs Regulation

Provided that operators shall be in compliance with the

specified Regulations at all times and if in default the competent

authority may suspend or revoke its approval

Provided further that the competent authority may

establish conditions on the operators to ensure compliance with the said

Regulations within such times as it may establish, and in the case of

non-satisfaction of those conditions the competent authority shall

suspend or revoke its approval.

PRIMARY PRODUCTION OF FOOD OF NON-ANIMAL

ORIGIN (INCLUDING SPROUTS PRODUCTION)

The competent authority shall have the power to request

all public bodies performing functions related to agriculture and, or

farmers to provide the information that is strictly necessary to enable

the competent authority to carry out inspections and perform its

functions in accordance with these regulations

Provided that the data subjects shall be informed in an

appropriate and timely manner about the processing of their personal

data in accordance with Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of

natural persons with regard to the processing of personal data and on

the free movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation) and the Data Protection Act.