EXPORT OF TOMATOES BY AIR RULES *

SUBSIDIARY LEGISLATION 85.07

EXPORT OF TOMATOES BY AIR RULES *

23rd March, 1967

LEGAL NOTICE 24 of 1967, as amended by Legal Notice 408 of 2007.

The title of these Rules is Export of Tomatoes by Air

Rules.

(Rule 3)

Countries of destination to which these Rules apply

United Kingdom of Great Britain and Northern Ireland

(1)

In these Rules, unless the context otherwise requires -

"Board" means the Board of Reference constituted under rule 11

of these Rules;

"Department" means the Department of Agriculture;

"Minister" means the Minister responsible for Agriculture;

"Ordinance" means the Agricultural Produce (Export) Ordinance.

(2) Words not otherwise defined in these Rules shall have the

same meaning as is assigned to them in the Ordinance.

(Rule 3)

Form of notice of the intention to export tomatoes by air

Name of exporter ........................................................................

Place of business ........................................................................

Place where tomatoes were grown ..............................................

No. of containers to be exported .................................................

Net Weight in Lbs/Kgs ...............................................................

Distinguishing Marks (if any) .....................................................

Anticipated time of arrival at

hour

day

month

year

Airport

Scheduled time of departure

of aircraft

Signature of exporter ...................................

Date and time ..............................................

For Office Use Only

Inspected and graded by (name) ................................................

at (place of inspection)................................................ on (date and

time)................................. and passed for export.

Number of Containers

Extra Class

Class I “Round” only

B

C

D

E

F

B

C

D

E

F

INSPECTOR

EXPORT OF TOMATOES BY AIR

Any person who intends to export tomatoes by air to any

country specified in the First Schedule to these Rules shall, not

later than twenty-four hours before the proposed time of export,

give to the Director a written notice in the form set out in the

Second Schedule

Provided that -

(a) the Director may, at his discretion, accept such shorter

notice as he may deem reasonable, and

(b) the exporter may present for inspection and eventual

exportation a smaller quantity than that shown in the

notice.

(Rules 5, 6 and 7)

Grades of Tomatoes for Export

A.

EXTRA CLASS

This class is designed for tomatoes of the highest quality.

Characteristic

Requirement

Development and

Must be sound and firm. Must be mature

Maturity

and the state of ripeness must be such as to

allow the tomatoes to remain in good

condition during the normal period of

distribution.

Colour

Colour must be uniform over the whole

surface, or such that the tomato is likely to

ripen to a uniform colour.

Shape

S h ape m ust b e ro un d and sm o ot h in

outline. The locular divisions must be

shallow and must not be obvious beyond

one-third of the distance between the calyx

and the blossom end.

Cleanliness

Must be clean

and

free

from

contamination.

Progressive

Must be free from any blemish or injury

Defects

which might affect keeping quality.

Non-Progressive

Small insignificant blemishes not

Damage and

a ff e c t i n g k e e p i n g q u a l i t y a r e a l l o w e d

Blemish

provided that they do not detract from the

overall appearance of the individual

tomatoes or of the contents of a container.

Sizing

Tomatoes within a container must fall

within one of the following size ranges as

m e a su r e d b y t h e m ax i m u m t r a n s v e r s e

diameter of the fruits

B. 6.7cm and above but less than

7.7cm

C. 5.7cm and above but less than

6.7cm

D. 4.7cm and above but less than

5.7cm

E. 4cm and above but less than

4.7cm

F. 3.5cm and above but less than

4cm

EXPORT OF TOMATOES BY AIR

B.

CLASS I

This class is designed for good quality tomatoes reasonably

free from blemish.

Characteristic

Requirement

Development and

Must be sound and firm. Must be mature

Maturity

and the state of ripeness must be such as to

allow the tomatoes to remain in good

condi tion during the norm al period of

distribution.

Colour

Slight colour defects are allowed, but

o nl y a t r ac e m a y b e pr e se nt o f co l o ur

defects detrimental to the flesh beneath.

Shape

Tomatoes must be reasonably round and

regular in shape.

Cleanliness

A trace of soiling is allowed provided

that it does not detract from the overall

appearance of the individual tomatoes or of

the contents of a container. The tomatoes

must be free from contamination.

Progressive

Must be free from any blemish or injury

Defects

which might affect keeping quality.

Non-Progressive

Minor blemishes and minor damage not

Damage and

a ff e c t i n g k e e p i n g q u a l i t y a r e a l l o w e d

Blemish

provided that they do not significantly

detract from the overall appearance of the

individual tomatoes or of the contents of a

container.

Sizing

Tomatoes within a container must either

fall within two consecutive groups of the

following size ranges, according to their

maximum transverse diameter, or else be

packed to one of the size ranges

B. 6.7cm and above but less than

7.7cm

C. 5.7cm and above but less than

6.7cm

D. 4.7cm and above but less than

5.7cm

E. 4cm and above but less than

4.7cm

F. 3.5cm and above but less than

4cm

C.

LABELS

1. The class claimed must be inserted on a label in a "box"

measuring not less than 3.5cm in length and 2.5cm in height. A

blank space measuring not less than 4cm in length and 2.5cm in

height must be provided adjacent to and to the right of the class

designation "box" followed by a box for the size range of the

contents.

2. The size range packed must be marked on the label in the

appropriate box either in millimetres showing the minimum and

maximum for the range (the lower figure to be stated first) or by the

appropriate code letter. (Vide Sample Labels).

3. Every letter, word or numeral appearing on the label shall

(i) be clearly legible;

(ii) be printed in a dark colour upon a light coloured

ground, or in a light colour upon a dark coloured

ground;

(iii) be not less than 0.7cm in height when relating to

the class and not less than 0.3cm in height for

other particulars.

Sample Labels

(not to measure)

TOMATOES

EXTRA

B

TOMATOES

EXTRA

6.7cm

to

7.7cm

TOMATOES

F.

Round

TOMATOES

3.5cm

Round

to

4.0cm

Tomatoes in respect of which notice has been given in

accordance with the provisions of rule 3 shall be presented for

inspection by an inspector at such place and time as the Director

may specify.

(Rule 9)

Certificate of Inspection of Tomatoes

(Given under Rule 9)

A consignment of ............................... containers of tomatoes

presented for export by ...................................on .........................

aircraft, Flight No. ..................... on ....................................... has

been inspected at ........................................... on ..........................

by the undersigned, duly appointed inspector, and passed as fit for

export and properly graded as provided in the Rules. A mark

"Passed for Export" has been placed on each container.

INSPECTOR

Tomatoes presented for inspection shall be packed in

containers of a design previously approved by the Director and

bearing an appropriate label in accordance with the Third Schedule.

(Rule 10)

Notice required under Rule 10

I, ............................................................., a duly authorised

inspector, having-examined the consignment of tomatoes presented

by you on ........................ and consisting of ..............................

containers do not consider that this (1) consignment/(2)

........................... containers thereof conforms/conform to the

Rules for the following reasons ......................................................

Your attention is drawn to the fact that in terms of article 18 of

the Agricultural Produce (Export) Ordinance and rule 11, you are

entitled to have this decision reviewed by a Board of Reference in

accordance with the procedure therein.

If you do not wish to have this decision reviewed you are hereby

requested forthwith to remove the said consignment or part thereof,

as the case may be, in accordance with rule 10.

DATE ..............................

INSPECTOR

NAME AND ADDRESS OF EXPORTER .......................................

(1) Tomatoes presented for inspection prior to export shall

conform, both as regards grade and as regards size, to the

provisions contained in the Third Schedule.

(2) Any tomatoes so presented shall be in such a state of

maturity that they can reasonably be expected to ripen within

seventy-two hours of arrival at the country of destination.

Tomatoes packed in any one container shall consist of one

only of the grades shown in the Third Schedule and shall be

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

uniform as to ripeness and colour.

There shall be printed on each container of tomatoes, in

clear and legible letters, the words "PRODUCE OF MALTA" and

the name of the exporter.

When an inspector is satisfied that a consignment of

tomatoes conforms in all respects to the provisions of these Rules

he shall mark each container thereof with the words "PASSED FOR

EXPORT" and shall provide the exporter with a certificate in the

form set out in the Fourth Schedule.

If an inspector is not satisfied that a consignment of

tomatoes, or any part thereof, conforms in all respects to these

Rules, he shall not place any mark on any of the containers not

approved by him but shall provide the exporter with a notice in the

form set out in the Fifth Schedule, and the exporter shall, if the

inspection was carried out on premises occupied by the

Government, remove forthwith any such containers therefrom

unless he gives the inspector notice of reference to the Board.

(1) The Board of Reference, referred to in article 18 of the

Ordinance, shall be composed of the Director, or an officer of the

Department acting on behalf of the Director, as Chairman and two

other members selected from a panel of ten persons engaged in 'the

agricultural produce export trade.

(2)

Such panel shall be appointed yearly by the Minister.

(3) The two members of the Board, other than the Chairman,

shall be selected one by the Chairman and one by the complainant.

(4) No panel member shall sit on the Board in connection with

any tomatoes in respect of which he shall have any direct or

indirect interest.

There shall be charged in respect of an inspection of any

tomatoes intended for export a fee of one euro and sixteen cents

(1.16) per ton or part thereof.

Any exporter who wants to refer to the Board a decision

given by an inspector shall deposit with the inspector a fee at the

rate of twelve cents (0.12) per package of tomatoes, which deposit

shall in no case be less than six euros and ninety-nine cents (6.99).