MARKETING OF MALTESE AGRICULTURAL PRODUCE AND MALTESE AGRICULTURAL MARKETING CENTRES REGULATIONS
Table of Provisions (26)
Statutory Text (26 Articles)
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
The title of these regulations is the 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"
AND MALTESE AGRICULTURAL MARKETING CENTRES
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.
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
(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.
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.
(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.
(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.
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.
(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.
(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.
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.
The provisions of these regulations shall apply to local
eggs mutatis mutandis.
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.
No live animals of any kind shall be allowed into or be
kept within the agricultural marketing centres.
PART III
Enforcement
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.
(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.
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
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.
(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
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).
(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.
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.
(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.
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.
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.