POTATO EXPORT REGULATIONS *

SUBSIDIARY LEGISLATION 85.01

POTATO EXPORT REGULATIONS *

29th January, 1935

GOVERNMENT NOTICE 28 of 1935, as amended by Government Notice

91 of 1938; and Legal Notices 39 of 1968, 26 of 1998, 408 of 2007 and 346

of 2008.

The title of these regulations is the Potato Export

Regulations.

In these regulations unless the context otherwise requires -

"sound tubers" means tubers which show no blemishes and no

traces of rot or other defects which may detract from the outward

appearance of the tubers or from their suitability for human

consumption. In respect of the spring crop, exported before the

20th April, cracks or discontinuity of skin, and consequent

variations in colour shall not be deemed to be defects, provided that

they do not considerably affect the appearance of the tubers;

"whole tubers" means tubers free from cuts, holes and insect

damage;

"clean tubers" means tubers free from soil and other foreign

matter.

Tubers intended for export shall be sound, whole, clean

and free from sprouts. The export of green, sunburnt or wrinkled

tubers, or of tubers otherwise damage is prohibited.

For the purpose of export, potatoes shall be classified as

follows -

(a) according to crop as -

(i) winter crop potatoes,

(ii) spring crop potatoes.

"Winter crop potatoes" means potatoes sown in autumn from

locally grown seed;

"spring crop potatoes" means potatoes sown in winter from

imported seed.

(b) According to shape and type as -

(i)

yellow fleshed kidney (Y.K.),

(ii)

yellow fleshed round (Y.R.),

(iii)

white fleshed kidney (W.K.),

(iv)

white fleshed round (W.R.).

(c) According to size as -

(i) Grade A,

(ii) Grade B,

*These Regulations have been repealed by Act XXXIV of 2023.

(iii) Grade C.

(a) For round shaped potatoes -

"Grade A" tubers are those which pass through a square gauge of

six centimetres across but which do not pass through a square

gauge of three point four centimetres across.

"Grade B" tubers are those which do not pass through a square

gauge of six centimetres across.

"Grade C" tubers are those which pass through a square gauge of

three point four centimetres across but which do not pass through a

square gauge of two point five centimetres across.

(b) For kidney shaped potatoes

"Grade A" tubers are those of a length greater than three point

seven centimetres but not more than nine centimetres.

" Gr a de B " t ub e r s ar e t h os e of a l e n gt h g r e a te r t h a n n i ne

centimetres.

"Grade C" tubers are those of a length greater than three point

two centimetres but not more than three point seven centimetres.

No "Grade C" potatoes shall be exported without the

special permission of the Director of Agriculture, who may give

such permission in seasons when the growth of the tubers is below

normal.

Containers shall be new, clean, dry and sufficiently strong

as to warrant arrival at their destination in good condition. Bags

shall be of jute or hemp.

On the outside be every container shall be marked in

indelible and easily visible characters not less than five centimetres

in height the following

(i) the grade of the tubers (A, B or C);

(ii) the mark Y.K, Y.R., W.K., or W.R. to show the

shape and type;

(iii) the official number of the broker (if any);

(iv) the name and/or mark of the exporter;

(v) the words "Malta Produce",

and, when required by the importer, a lead seal, as directed by the

Director of Agriculture or other duly authorised officer.

No marks shall be stamped or printed in a red colour,

which colour is hereby reserved for the official marks of the

Department of Agriculture, with the exception of the marking of

packages of Grade B potatoes as prescribed in regulation 10.

When potato containers are sealed in the country after

packing and before delivery to the quay, the grades of potatoes

packed in different containers shall be distinguished as follows

(a) "Grade A" shall be distinguished by the absence of red

or blue coloured marks.

"Grade B" shall be distinguished by means of a red

coloured mark as detailed hereunder.

"Grade C" shall be distinguished by means of a blue

coloured mark as detailed hereunder.

(b) Baskets or bags containing Grade B or Grade C

potatoes shall be marked by tying a piece of tape or

ribbon of the appropriate colour to the top of the

container. The piece of tape or ribbon used shall be

sufficiently large as to permit an easy identification of

the grades of potatoes in different containers.

(c) Casks, half-casks and boxes containing Grade B or

Grade C potatoes shall be clearly marked with a cross

of the appropriate colour on one end of the container;

the marking of the cross shall extend across the end

and shall be made with paint or grease pencil or some

equally clear and indelible marking material.

Containers packed with different grades of potatoes shall

not be exported under the same shipping mark.

All the marks enumerated in regulation 8 (except the

number of the broker) together with the number and nature of the

packages shall appear on the bill of lading.

Every consignment of potatoes shall, before shipment, be

examined by an Inspector of the Department of Agriculture.

The inspector may, at his discretion, examine any number

or all of the packages in any consignment, provided that when the

inspector refuses to issue a licence for export he must inspect at

least twenty per cent (one fifth) of the packages in the consignment

in question.

Any consignment approved for export shall be liable to a

new inspection if the consignment is not shipped within a week of

the previous inspection.

Application for inspection shall be made to an inspector or

to the Director of Agriculture at least twenty-four hours before

shipment

Provided, however, that application may be made at shorter

notice, at the risk of the exporter.

Every application for inspection shall specify the name of

the exporter, the number and nature of the packages, and the

destination of the goods.

No application shall be considered unless the packages are

exhibited in the Potato Export Control Warehouse or in some other

place provided or approved for the purpose by the Director of

Agriculture.

Inspection shall cease half an hour before sunset, unless

otherwise authorised by the Director of Agriculture.

The following fees shall be charged for packages submitted

for inspection

(i)

for each package having a net weight greater

than one hundredweight, €0.005;

(ii) for each package having a net weight of one

hundredweight or less, €0.002

Provided that the fee for the inspection of any one

consignment shall not be less than 29 cents.

If the goods when inspected are found to conform in all

respects with these Regulations and to be fit for export, the

Director of Agriculture shall issue, free of charge, a licence to that

effect. Such licence shall certify that the potatoes have been

examined and, when such is the case, sealed by the Department of

Agriculture, and found to comply in all respects with the

regulations governing the export of potatoes.

Whenever the sealing of the containers is required by the

importer, a further fee of €0.005 shall be charged for every seal

used.

To meet the requirements of any particular trade or of any

special demand the Director of Agriculture may permit the export

of potatoes which are classified, graded, packed and marked

otherwise than as specified in these Regulations.

(1) The public weigher who weighs potatoes for export

shall register the weight of every consignment in a serially

numbered book, obtainable from the Department of Agriculture at

cost price. Such books shall be made up with foil and triplicate

counterfoils; and the counterfoil copies of each note of weight shall

be delivered on request to the seller, the purchaser and the broker,

if any, and the public weigher shall himself keep the original.

(2)

Every note of weight shall show -

(i) the name and address of the seller;

(ii) the name and address or official number of the

broker;

(iii) the name and address, or business name of the

exporter;

(iv) the number and nature of the packages in any

consignment;

(v) the weight of the consignment;

(vi) the date of weighing;

(vii)

the net price per qantar as stated by the grower;

and

(viii) the weigher’s signature.

Every such book with all the foils and the remaining

counterfoils shall be returned to the Department of Agriculture

before the end of August.

The certificates of registration of exporters and the

licences of brokers shall, subject to the provisions of the

Agricultural Produce (Export) Ordinance, be valid for one year, and

shall be renewable during the month of September. A fee of forty-

six euros and fifty-nine cents (46.59) shall be charged for the issue

or renewal of any such certificate or licence.

The Board of Reference shall be composed of the Director

of Agriculture or an officer of the Department of Agriculture acting

on his behalf as Chairman and two members chosen from a panel of

ten persons engaged in the produce export trade. The panel shall be

nominated by the Minister responsible for Agriculture before the

beginning of each export season. On each Board of Reference one

of the panel members shall be selected by the complainant and one

by the Chairman. No panel member shall sit on the Board in

connection with any produce in which he has an interest.

The Board of Reference referred to in regulation 27 shall

respect and apply the principles of good administrative behaviour

laid down in article 3 of the Administrative Justice Act.

A fee of twelve cents (0.12) per package shall be deposited

with the inspector by the exporter requiring a reference to a Board

of Reference, provided that the minimum fee in this connection

shall be six euros and ninety-nine cents (6.99).