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MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

26 Articles / Provisions · Malta
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Table of Provisions (26)

Statutory Text (26 Articles)

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

AND MALTESE AGRICULTURAL MARKETING CENTRES

SUBSIDIARY LEGISLATION 639.12

MARKETING OF MALTESE AGRICULTURAL

PRODUCE AND MALTESE AGRICULTURAL

MARKETING CENTRES REGULATIONS

9th July, 2025

LEGAL NOTICE 81 of 2025.

PART I

Preliminary

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

The title of these regulations is the Marketing of Maltese

Agricultural Produce and Maltese Agricultural Marketing Centres

Regulations.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(regulation 18)

Regulation

Offence: act or

Administrative

Other action that

omission

penalties: minimum

may be taken

and maximum

after the first

conviction

Offences relating

First conviction

Suspension or

to breaches of

cancellation of

€50 - €500

regulation 3

the licence, ticket

"offences relating

or permit

Upon a second or

to which

according to the

subsequent

agricultural

severity of the

conviction

product may be

case.

put up for sale on

markets for

€500 - €1,000

agricultural trade"

Breach of

First conviction

Suspension or

regulation 5

cancellation of

€50 - €500

"offences in

the licence, ticket

respect of

or permit

Upon a second or

transactions

according to the

subsequent

carried out

severity of the

conviction

outside fixed

case.

hours or entry

outside fixed days

€500 - €1,000

and hours"

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6 and, or 7

Breach of

First conviction

Suspension or

regulations 6 and,

cancellation of

€100 - €500

or 7 "offences of

the licence, ticket

unauthorised

or permit

Upon a second or

market entry for

according to the

subsequent

agricultural trades

severity of the

conviction

and offences of

case.

transactions

€500 - €1,000

carried out

without the

permission of the

Agency or of

sales not carried

out by the agent

authorised by the

Agency"

Breach of

First conviction

Suspension or

regulation 8

cancellation of

€50 - €500

"offences relating

the licence, ticket

to the placing of

or permit

Upon a second or

the agricultural

according to the

subsequent

product on sale

severity of the

conviction

which is not a fair

case and, or

sample or which

removal of the

€500 - €1,000

has been

agricultural

cultivated by the

product from the

farmer or an

market according

agricultural

to the severity of

product or

the case.

merger"

9(1), (2),

Breach of

First conviction

Suspension or

(3), (4) and

regulation 9(1),

cancellation of

€100 - €500

(10)(c)

(2), (3), (4) and

the licence, ticket

(10)(c) "offences

or permit

Upon a second or

in respect of

according to the

subsequent

transactions

severity of the

conviction

contrary to selling

case and, or

methods as

removal of the

€500 - €1,000

imposed in sub-

items used in the

regulations 9(1),

commission of

(2), (3), (4) and

the offence.

(10)(c)"

AND MALTESE AGRICULTURAL MARKETING CENTRES

9(5) and (6)

Breach of

First conviction

Suspension or

regulation 9(5)

cancellation of

€100 - €500

and (6) "offences

the licence, ticket

concerning the

or permit

Upon a second or

removal of the

according to the

subsequent

agricultural

severity of the

conviction

product prior to

case and, or

the registration of

€500 - €1,000

removal of the

the transaction

items used in the

and the removal

commission of

of traceability

the offence.

labels"

9(7)

Breach of

First conviction

Suspension or

regulation 9(7)

cancellation of

€100 - €500

"offences

the licence, ticket

concerning

or permit

Upon a second or

conflict of

according to the

subsequent

interest"

severity of the

conviction

case.

€500 - €1,000

9(9)

Breach of

First conviction

regulation 9(9)

€50 - €500

"offences of

selling foodstuffs

Upon a second or

at a distance of

subsequent

less than five

conviction

hundred metres

(500m)"

€500 - €1,000

9(10), (11),

Breach of

First conviction

Removal and, or

(12), (13)

regulation 9(10),

forfeiture, as the

€50 - €500

and (14)

(11), (12), (13)

Agency may

and (14)

deem appropriate,

Upon a second or

"offences in

of crate or crates

subsequent

breach of the

that are misused

conviction

provisions

or involved in any

governing the use

€500 - €1,000

violation of these

of crates"

provisions.

9(16)

Breach of

First conviction

regulation 9 (16)

€100 - €500

"offences relating

to unauthorised

Upon a second or

disposal of

subsequent

agricultural

conviction

product"

€500 - €1,000

AND MALTESE AGRICULTURAL MARKETING CENTRES

Breach of

First conviction

regulation 10

€100 - €500

"offences related

to the sale of

Upon a second or

vegetables that

subsequent

are not grown by

conviction

the vegetable

seller"

€500 - €1,000

Breach of

First conviction

regulation 12

€100 - €500

"offences relating

to failure to

Upon a second or

record

subsequent

transactions"

conviction

€500 - €1,000

Offences referred

€75 for every

Suspension or

to in regulation

breach

cancellation of

licence, ticket or

permit according

to the severity of

the case.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

In these regulations, unless the context otherwise

requires

"Agency" means the Malta Food Agency established by

the Malta Food Agency (Establishment) Order and which shall

deliver a public service in relation to food from farming and

fisheries;

"agricultural activity" means the cultivation of

agricultural products, including harvesting, the production

obtained from animal breeding or from keeping animals for

farming purposes which activity is derived and produced in

Malta;

"agricultural marketing centre" means the marketing

centres established by these regulations which sell solely

agricultural produce, and it shall include the Pitkalija

agricultural marketing centre of Ta’ Qali referred to in

regulation 4;

"agricultural premises" means any premises where

agricultural activity is carried out including fields, greenhouses,

farms and agricultural warehouses;

"agricultural produce" means any produce which is

cultivated or grown in Malta that is derived from an agricultural

activity;

"agricultural producer" means a producer who cultivates

or obtains an agricultural product from agricultural activity;

"agricultural retailer" means a physical person, including

a society, whether corporate or otherwise or an association that

AND MALTESE AGRICULTURAL MARKETING CENTRES

sells agricultural produce by retail from a shop or by hawking,

authorised to do so by the Agency;

"conflict of interest" means a situation where any official

or sales agent has a private or personal interest that influences,

or appears to influence, what is actually expected of him in the

performance of his duties;

"crates" means an official container of the Agency as

referred to in regulation 9;

"farmer" means a natural or a juridical person, or a group

of natural or juridical persons responsible for a holding and who

exercise an agricultural activity as defined in the Agriculture

Act;

''foreign agricultural produce'' means agricultural produce

that is not cultivated or produced in Malta;

"foreign food product" means any food product that is not

processed or produced in Malta;

"person" means a natural person, body of persons,

whether corporate or unincorporate, or an association;

"place of agricultural business" means any shop or other

premises, truck or other vehicle, and any other place or means in

or from which sales of agricultural produce is effected;

"purchase" means the acquisition, by any onerous title, of

any agricultural produce;

"sale" means the transfer under any onerous title of

agricultural produce, and "sell" shall be construed accordingly;

"sales agent" means a physical person, a juridical person,

whether corporate or unincorporate, or an association who has

been authorised by the Agency to sell agricultural produce at the

agricultural marketing centres;

"society" means a co-operative society among farmers

duly registered under the Co-operative Societies Act which

includes a body having a distinct legal personality.

PART II

Administration, Commercial Activity and Restrictions of the

AND MALTESE AGRICULTURAL MARKETING CENTRES

Agricultural Marketing Centres

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1) The Agency shall have the power to establish

marketing centres for the exclusive collection and sale of agricultural

produce.

(2)

The Agency shall also have the authority to decide which

agricultural product may be put up for sale at the agricultural

marketing centres by virtue of a notice, and the Agency shall publish

the types of agricultural produce that may under its authority be placed

for sale at the agricultural marketing centres

Provided that the Agency shall ensure that detailed

information regarding the types of agricultural products that, under its

authority, may be placed for sale in agricultural markets is made

available to the public, including through publication of such

information on the Agency's website.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

There shall be an agricultural marketing centre

exclusively for the collection and sale of agricultural produce,

established in accordance with regulation 3, that shall be known as the

Pitkalija situated in Ta’ Qali, in the limits of Ħ’Attard.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

Any agricultural marketing centre shall be kept

open on any day and during such hours as the Agency may establish

from time to time by virtue of a public notice, published on the official

website of the Agency.

(2)

The Agency may also establish those times or days

wherein farmers or agricultural producers may deliver their

agricultural produce to any of the agricultural marketing centres, as

well as those times or days during which that agricultural produce may

be placed for sale. The Agency shall publish such times and days by

means of a public notice, published on the official website of the

Agency.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

A person may not access the agricultural

marketing centre to participate in the sale or purchase of agricultural

produce unless they possess a valid ticket issued by the Agency, or any

other permit granted by the Agency from time to time.

(2)

Any person who is within an agricultural marketing

centre shall produce, on being so requested by authorised officials of

the Agency, the said ticket or permit

Provided that the Agency shall have the power, from

time to time, to issue guidelines or official procedures regarding any

ticket or permit conditions required for the purposes of participation in

the agricultural marketing centres

AND MALTESE AGRICULTURAL MARKETING CENTRES

Provided further that the Agency shall ensure that

detailed information regarding such guidelines or official procedures is

made available to the public, including through publication on the

Agency’s website.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

A person, except for a sales agent authorised by the

Agency, shall not sell or otherwise dispose of agricultural produce to an

agricultural retailer within an agricultural marketing centre, unless the

Agency orders otherwise.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

A farmer shall not deliver for sale in an

agricultural marketing centre, agricultural produce unless the produce

exhibited at the top is a fair and faithful sample of the entire contents

delivered.

(2)

A farmer, agricultural producer, or society shall not place

for sale any agricultural produce that they have not cultivated

themselves or obtained from animal husbandry

Provided that the Agency shall have the power to, from

time to time, issue guidelines or official procedures regarding the

quality of the agricultural produce that may be placed for sale in

agricultural marketing centres

Provided further that the Agency shall ensure that

detailed information regarding the standard of the agricultural produce

that, under its authority, may be placed for sale in agricultural markets

is made available to the public, including through publication on the

Agency’s website.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

A person shall not purchase or sell agricultural

produce from agricultural marketing centres other than by a sales

method as approved by the Agency, from time to time.

(2)

Every sale record of agricultural produce that is put up for

sale in an agricultural marketing centre shall be registered in the name

of the farmer, the agricultural producer, or the association that has so

placed it.

(3)

Every purchase transaction record that is conducted in an

agricultural marketing centre shall be registered in the name of the

person who purchased the agricultural product

Provided that transactions conducted by means of a

prestanome mandate in agricultural marketing centres are prohibited

and shall be deemed as null and void, unless the Agency, in exceptional

cases has given its written permission for such transactions to be carried

out by a prestanome mandate.

(4)

Unless the Agency orders otherwise in writing, no farmer,

AND MALTESE AGRICULTURAL MARKETING CENTRES

agricultural producer, or association may acquire agricultural products

that they themselves placed up for sale in agricultural marketing

centres. Furthermore, no legal person may acquire agricultural produce

that was cultivated by its own director, manager, shareholder, or

beneficiary

Provided that every farmer, association or agricultural

producer has the right to withdraw the agricultural produce they placed

for sale, as long as it has not yet been sold.

(5)

A person purchasing agricultural produce from the

marketing centre shall not remove such produce or cause it to be

removed from the place at which the sale is held before the sale and

purchase record of the agricultural produce are registered into the

system approved by the Agency from time to time.

(6)

A person may not remove or alter the traceability label

issued by the Agency’s sales system from the crates in which the

agricultural produce is being transported to be placed in the

agricultural marketing centre for sale

Provided that even the agricultural retailer, after

purchasing the agricultural produce, may not remove or alter the

traceability label until the agricultural produce is sold to the consumer.

(7)

A sales agent who is authorised by the Agency to sell

agricultural produce may not intervene in transactions where he has a

conflict of interest.

(8)

The Agency shall have the power to, from time to time,

issue guidelines or official procedures regarding the method of sale

and purchase of agricultural produce made in agricultural marketing

centres, and these guidelines or official procedures shall bind every

person participating in these commercial activities in accordance with

these regulations

Provided that the Agency shall ensure that detailed

information regarding these guidelines or official procedures regarding

the method of sale and purchase of the agricultural products that takes

place in the agricultural market centres, is made available to the

public, including through publication on the Agency’s website.

(9)

A person shall not sell or hold for sale in public streets,

within a distance of less than five hundred meters (500m) from the

boundaries of any agricultural marketing centre, any agricultural

produce or any foreign agricultural produce, or foreign food products.

(10) The Agency may from time to time issue guidelines and

procedures regarding the following and shall also determine

AND MALTESE AGRICULTURAL MARKETING CENTRES

(a)

which crates have been approved for use in an

agricultural marketing centre;

(b)

which agricultural produce entering or leaving an

agricultural marketing centre shall be carried in the said crates;

(c)

the weights and measures that shall be used;

(d)

the use that may be made of the crates; and

(e)

the procedures and guidelines regarding the use,

storage and maintenance of the crates, which procedures and

guidelines shall be published by means of a notice on the official

website of the Agency.

(11) The crates approved for use in agricultural marketing

centres are green in colour bearing the official marks of the Agency, or

any other container that the Agency may approve for use in agricultural

marketing centres, from time to time.

(12) Only agricultural produce shall be sold from the crates.

No other use of the crates, other than what is herein stipulated is

permitted.

(13) The crates mentioned in these sub-regulations shall be

acquired exclusively from the Agency. The Agency shall remain the

owner of the crates. The Agency may impose a fee for the service of the

use of the crates.

(14) The transfer of the right of use of the crates is prohibited

unless authorised in writing by the Agency.

(15) The Agency may impose a service fee on farmers who

deliver produce, which fee shall be deducted from the payment due to

them and as published by virtue of a legal notice in the Government

Gazette

Provided that the Agency shall ensure that detailed

information is made available to the public, regarding these guidelines

or the official procedure regarding what pertains to the approved crates

that, under its authority may be used, including by means of a notice on

the Agency’s website.

(16) The disposal of any agricultural produce shall be

registered and identified according to the process indicated by the

Agency from time to time

Provided that the sales agent shall render the appropriate

accounts to the Agency for every disposal that takes place, and shall

also, before disposing of any agricultural produce, notify the farmer,

AND MALTESE AGRICULTURAL MARKETING CENTRES

agricultural producer, or association, as the case may be, that the said

agricultural produce is intended for removal or disposal. In all cases,

the farmer, agricultural producer, or association have the right to

collect the agricultural produce that is about to be disposed of or

removed from the agricultural marketing centre

Provided that the Agency shall have the authority at any

time to authorise the removal or disposal of any agricultural produce

when the Agency deems that the produce is not in a suitable condition

for sale.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

No agricultural retailer shall sell to a sales agent, a

farmer or society, agricultural produce other than agricultural produce

produced by the agricultural retailer himself.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

The provisions of these regulations shall apply to local

eggs mutatis mutandis.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

Every sales agent, society, farmer or agricultural

producer shall keep a record of all sales transactions in the form and

medium as directed and approved by the Agency. Such records shall

be made available to the Agency as may be required.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

No live animals of any kind shall be allowed into or be

kept within the agricultural marketing centres.

PART III

Enforcement

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

The Agency may, authorise in writing, any public officer

or public service employee to exercise any or all of the powers of the

Agency under these regulations either concurrently with the Agency or

in its absence, subject to such conditions as the Agency may stipulate

in the authorisation from time to time.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

The Agency may from time to time, appoint

officers for the purposes of these regulations, or of any orders made

thereunder.

(2)

Notwithstanding the provisions of any other law, for the

purposes of carrying out their functions under these regulations, the

Agency or any officer or authorised person by the said Agency, shall

be empowered to

(a)

enter agricultural marketing centres at all times

and in any agricultural premises, fields, place of agricultural

business, or property that is accessible to the public, including

but not limited to commercial premises

AND MALTESE AGRICULTURAL MARKETING CENTRES

Provided that in the case of a dwelling house or

other private property, a warrant must be obtained from a

Magistrate in accordance with article 355E of the Criminal

Code;

(b)

investigate, seal, or collect all necessary evidence

or otherwise seize, or make any item or other equipment non-

functional, or copy any information that may be required for the

better enforcement of these regulations;

(c) adopt any temporary measures, including

suspending any agricultural activity, purchase, sale, or any other

transfer, or seizure of any agricultural produce, foreign

agricultural produce or goods, which measures are necessary to

achieve the objectives falling under the competence of these

regulations;

(d)

verify, inspect, elevate samples, test or take all

such temporary measures deemed appropriate to ensure the due

compliance with these regulations;

(e)

request any information from Ministries,

departments, government or private entities that may be required

by the Agency for the purposes of these regulations; and

(f)

adopt any other measure or action not mentioned

in this regulation for the better enforcement of these regulations.

(3)

(a)

Whenever any seizure is carried out in accordance

with this regulation, such seizure shall be made in the presence of the

possessor or holder who is keeping the seized goods. The possessor or

holder of the seized goods shall be given the necessary information in

writing regarding the reason of the seizure and shall also include the

detail of the seized goods, their description and quantity, or other

information that is suitable to identify the said goods

Provided that if the owner is known to the Agency, it shall

immediately notify the said owner of the seizure by means of a written

notice which shall either be delivered personally to the owner or sent

by registered mail. The written notice shall also include the appropriate

reasons as to why the seizure occurred, the place where the goods shall

be kept as well as a summary of the procedure referred to in the

provisos to paragraph (b) of this regulation.

(b)

All goods seized in accordance with these regulations

shall be considered forfeited ipso jure, and therefore the Agency may

dispose of them in any manner

Provided that the Agency cannot dispose of such goods if,

within thirty (30) days from the date of seizure, the owner of such

AND MALTESE AGRICULTURAL MARKETING CENTRES

seized goods, gives notice in writing to the Agency demanding the

return of the seized goods, and within the said period, institutes

proceedings for the return of the seized goods before the competent

Civil Court

Provided further that seized objects which are of a

perishable nature or which may suffer a substantial loss in their value

over time, may be sold or donated

Provided further that if the Court acquits the owner in

question of charges relating to objects so seized in accordance with

this regulation, the owner shall be entitled to demand payment of the

value of the seized objects, which value shall be computed in

accordance with the time that the seizure took place.

(4)

The Agency may opt to return the seized goods to the

owner, upon request from said owner, provided that the owner fulfils

all the conditions that are imposed by the Agency.

(5)

For the purpose of any fulfilment of any functions in

accordance with these regulations, the Agency, officials or any such

official or person authorised by the Agency may request the assistance

of the Executive Police, or the assistance of any private or public

entity or person.

(6)

The provisions of sub-regulation (5) shall be without

prejudice to the powers of the Executive Police, or of any other

competent authority in accordance with the Criminal Code or any

other law.

(7)

Notwithstanding any other law, the Agency or any other

officer appointed or authorised by it in terms of these regulations, shall

have the right to assist the Executive Police or Attorney General in the

conduct of prosecution in accordance with these regulations and to

plead the case before the court

Provided that any expenses related to the confiscation,

seizure and, or the disposal of any seized goods shall be fully borne by

the offender.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

No official or person authorised by the Agency, the

Agency itself or an officer of the Executive Police, any public officer

duly authorised, in the execution of duties in accordance with these

regulations, shall be liable for any loss or damage suffered by any

person by reason of anything done or omitted to be done in good faith

in the course of the administration of these regulations.

AND MALTESE AGRICULTURAL MARKETING CENTRES

PART IV

Offences, Administrative Penalties and Proceedings

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

Any person who breaches or fails to comply with any of

the provisions of these regulations shall be guilty of an offence in

accordance with these regulations.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

When the Agency has reasonable cause to believe

(a)

an offence against these regulations has been

committed by any person; and

(b)

having regard to the previous conduct of the

person concerned, it would be appropriate to impose an

administrative penalty under this regulation,

the Agency may cause a notice in writing in accordance

with sub-regulation (2) in the appropriate form to be served on such

person.

(2)

A notice as provided for in sub-regulation (1) shall

specify

(a)

the date and nature of the offence;

(b)

a summary of the facts upon which the allegation

that an offence has been committed is based, this being

sufficient for the purpose of fully and fairly informing the

person of the allegation against him;

(c)

any other matter, not being related to previous

convictions, that the Agency considers relevant in the given

circumstances, for the imposition of an administrative penalty,

including any precautionary suspension of any licences or

permits that are issued in accordance with these regulations; and

(d)

the amount of the administrative penalty due,

which amount shall be decided in accordance with the severity

of the case, the previous conduct of the person concerned and in

accordance with the parameters that are established in the

Schedule

Provided that in addition to the administrative

penalties as imposed under this paragraph, the Agency may also

order the removal or cancellation, either permanently or for a

defined period, of any licence, ticket or permit held by the

person concerned

Provided further that in any event, the Agency

AND MALTESE AGRICULTURAL MARKETING CENTRES

shall have the option to give a warning instead of an

administrative penalty, if it considers that in the interests of

fairness and equity, depending on the circumstances of the case,

it is preferable to do so.

(3)

Any person on whom a notice under sub-regulation (2) is

served may, within thirty (30) days after such service, by notice in

writing in the appropriate form served on the Agency, require that

proceedings in respect of the alleged offence shall be dealt with by the

court, in which case the provisions of sub-regulation (8) shall apply.

(4)

Any person on whom a notice under sub-regulation (2) is

served who does not want that proceedings in respect of the alleged

offence shall be dealt with by the court, may by notice in writing

served on the Agency

(a)

admit the offence; and

(b)

pay the amount of the administrative penalty to

the Agency within thirty (30) days after the notice of the

penalty is served upon him or after such subsequent period as

the Agency may determine.

(5)

The administrative penalty imposed under sub-regulation

(2)(d) shall be due as a civil debt enforceable by the competent court

of civil jurisdiction in favour of the Government and the declaration by

the person on whom the penalty is imposed, that he admits the charge

shall constitute an executive title for the purposes of article 253 of the

Code of Organization and Civil Procedure.

(6)

Without prejudice to any other provision of these

regulations or of any other law, where an offence has been admitted

under this regulation, no charge may be brought in respect of the

offence against any person by whom it has been admitted.

(7)

In the case that a person on whom a notice under sub-

regulations (1) and (2), either does not admit the offence within thirty

(30) days from the service of the notice, or chooses to proceed with the

proceedings mentioned under sub-regulation (3), the Agency shall

institute proceedings or cause proceedings to be instituted before the

court in respect of the alleged offence

Provided that any service of the notice referred to in sub-

regulations (1) and (2), may be made electronically to the electronic

mail address indicated to the Agency by the person charged with the

offence. Such service shall, unless the regulations otherwise prescribe,

be deemed to have been effected if the service is delivered at the last

address provided by the person to the Agency as his home address, or

his electronic mail address and provided proof of delivery is furnished.

AND MALTESE AGRICULTURAL MARKETING CENTRES

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

Any person who

(a)

assaults, hinders, obstructs, molests or interferes or

attempts to assault, hinder, obstruct, molest or interfere, resist or

wilfully obstructs any authorised official of the Agency, in the

execution of their duties in accordance with these regulations;

(b)

refuses or fails to comply with any order or

direction lawfully made or given under these regulations;

(c)

without reasonable cause fails to

(i)

provide the requested information to an

authorised official of the Agency; or

(ii)

produce anything required to be produced

in accordance with these regulations;

(d)

fails to allow a search or inspection in accordance

with these regulations;

(e)

prevents or attempts to prevent another person

from complying with any orders or directions or from answering

any questions, or producing anything or allowing a search or

inspection; or

(f)

for the purpose of obtaining any licence or permit,

or for the purported compliance with any requirement to provide

any information under these regulations, provides information

which he knows to be false in a material fact or recklessly

provides information which is false in a material fact,

shall be guilty of an offence and shall be liable on

conviction, to a fine (multa) of not less than one hundred euro (€100)

but not exceeding six thousand euro (€6,000).

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

Any person who contravenes or fails to comply

with any of the provisions of these regulations, other than that referred

to in regulation 19, shall be guilty of an offence and shall be liable to a

fine (multa) of not less than one thousand euro (€1,000), but not

exceeding twelve thousand euro (€12,000).

(2)

In addition to the punishments referred to in sub-

regulation (1), the court shall order when requested by the prosecution

(a)

the suspension of the offender’s permit, ticket, or

licence, for a period of not less than one (1) month but not

exceeding six (6) months, or the cancellation of any licence,

ticket or permit held by the offender in terms of these

regulations, and may order that any such cancelled licence,

ticket or permit may not be re-issued in respect of the convicted

AND MALTESE AGRICULTURAL MARKETING CENTRES

offender;

(b)

the forfeiture of the goods to which the offence

relates, and such goods shall be forfeited in favour of the

Government;

(c)

the offender to a sentence of imprisonment for a

term of not less than thirty (30) days but not exceeding two (2)

years.

(3)

Proceedings in respect of an offence against these

regulations shall be before the Courts of Magistrates (Malta) or the

Court of Magistrates (Gozo), and the provisions of the Criminal Code

relating to criminal proceedings before such court shall, subject to the

preceding sub-regulations, apply in respect of proceedings for offences

against these regulations.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

Any licence, permit or ticket granted for the purpose of

these regulations may be suspended or revoked at any time by the

Agency or person empowered to grant them.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

(1)

Any person may appeal from a decision of the

Agency to the Administrative Review Tribunal as established by

article 5(1) of the Administrative Justice Act within twenty (20) days

from when the decision of the Agency was served on him in regard to

decisions whereby the Agency refuses to grant or renew, or suspends

or revokes an authorisation, or a licence or a permit, or imposes

conditions, restrictions or exclusions in a licence.

(2)

Any person who feels aggrieved by a decision of the

Administrative Review Tribunal from a decision mentioned in sub-

regulation (1), may appeal to the Court of Appeal (Inferior

Jurisdiction) within twenty (20) days from the date of the sentence

appealed from.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

When an offence against these regulations is committed

by an individual acting in the name or on behalf or in the interest of a

partnership or an association or other body or group of persons, or

when action is taken against an individual by virtue of his liability as a

director, manager, secretary or other similar officer of such body,

association or group, or by virtue of any liability in accordance with

article 10 of the Supplies and Services Act, and it results that an act or

omission amounting to an offence against these regulations has

occurred, the provisions of this Part relating to the suspension or

revocation of any licence held by the offender or other person as

aforesaid, shall also apply to any licence held by or in the name, or on

behalf or in the interest of the partnership, association or other body or

group of persons of which the offender or other person as aforesaid is a

director, manager, secretary or other officer or in whose name or

interest or on whose behalf such person was acting, and such licence

AND MALTESE AGRICULTURAL MARKETING CENTRES

shall be suspended or cancelled accordingly.

Laws of Malta — Subsidiary Legislation 639.12 — MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS

Every person shall take all such steps as are required to

ensure full compliance with all the provisions of these regulations, and

even when any offence against or non-compliance with any provision

of these regulations may be attributed to any person in the employment

of such trader or in the exercise of any act or function authorised or

permitted by the person, such person shall also be guilty of that offence

unless he proves that he took all reasonable steps to prevent the

commission of the offence.

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