CONTROL ON THE SALE OF COMMODITIES  _g S.L.117.15 1
SUBSIDIARY LEGISLATION 117.15
CONTROL ON THE SALE OF COMMODITIES 
REGULATIONS
19th April, 1972
LEGAL NOTICE 21 of 1972, as amended by Legal Notices 34 and 50 of
1972, 20 and 115 of 1973, 24 and 83 of 1974, 12 and 75 of 1975, 87 and
127 of 1976, 16, 33 and 135 of 1977, 6 of 1978, 86 and 108 of 1979, 56 of
1980, 62 and 66 of 1982, 54 of 1984, 7 of 1989, 89 of 1990, 61 and 125 of
1992, 192 of 1994, 104 of 1998 and 295 of 2002.
Title.
Commodities Regulations.
Interpretation.
Amended by:
L.N. 127 of 1976;
L.N. 62 of 1982;
L.N. 125 of 1992.
Cap. 117.
2. (1) In these regulations, and in any order made thereunder,
unless the context otherwise requires-
"Act" means the Supplies and Services Act;
"commodity" means any article which is ordinarily sold to the
public, but does not include any produce which is cultivated or
grown locally by a farmer or is derived from local husbandry, nor
imported fruit or vegetables or imported fresh fruit;
"C.I.F. value" means and shall be deemed to have always meant
the C.I.F value in liri established for Customs purposes or for
import duty purposes;
"Director" means the Director of Trade and, to the extent he is so
authorised, includes any person authorised by the Director of Trade
to exercise any the powers and duties conferred on the Director by
these Regulations;
"fixed" in relation to a price, means fixed in accordance with
these Regulations;
"Gazette" means the Malta Government Gazette;
"Minister" means the Minister responsible for trade;
"purchase" means the acquisition of any commodity by any
onerous title but does not include the importation of goods from
any place abroad;
"sale" includes any disposal under any onerous title whatsoever;
"trader" includes any wholesaler, retailer, manufacturer, importer
or the person who deals or is concerned in or performs any act of
commerce relating to the sale, manufacture, exchange or disposal
of commodities.
(2) For the purposes of these regulations, the price of a
commodity shall be deemed to be unreasonable if -
( a ) in respect of a sale by a local manufacturer or an
importer to a wholesaler, the profit exceeds ten per
cent of the ex-factory price or the import duty paid
cost of the commodity as provided in regulation
2 _g S.L.117.15 CONTROL ON THE SALE OF COMMODITIES 
3(3)(i);
( b ) in respect of a sale by a local manufacturer or an
importer to a retailer, the profit exceeds fifteen per
cent of the ex-factory price or the import duty paid
cost of the commodity as provided in regulation
3(3)(i);
( c ) in respect of a sale by a wholesaler to a retailer, the
profit exceeds ten per cent of the price at which the
wholesaler purchased the commodity without the
addition of any charge;
( d ) in respect of a sale by a retailer to a consumer, the
profit exceeds twenty per cent of the price at which the
retailer purchased the commodity without the addition
of any charge.
Fixing of 
maximum price.
Amended by:
L.N. 66 of 1982;
L.N. 54 of 1984.
3. (1) The Director may, from time to time, by order in the
Gazette, fix the maximum price at which any commodity may be
sold.
(2) Prices may be so fixed by the Director using any one or
more of the following methods -
( a ) fixing stated maximum prices;
( b ) fixing maximum margins of profit;
( c ) fixing maximum percentages of profit.
(3) In the case of orders made in accordance with paragraphs
( b ) or ( c ) of sub-regulation (2) -
(i) the profit of the importer shall be calculated on
the aggregate of the C.I.F. value and import duty
of the commodity, and no further addition, such
as charges for landing, transport, storage,
interest or any other charge whatsoever, shall be
made for the purpose of ascertaining the cost;
and
(ii) the profit of the retailer shall be calculated on
the price at which the commodity shall have
been purchased from the importer, wholesaler or
local manufacturer, without the addition of any
charge whatsoever.
Cap. 337.
For the purposes of paragraph (i) of this sub-regulation,
where the C.I.F. value is expressed in foreign currency, such value
shall be calculated at the rate determined daily by the Central Bank
of Malta for the computation of customs duty in accordance with
the Import Duties Act, on the date of importation.
(4) In respect of particular parcels or consignments of
commodities, the Director may, at his absolute discretion, fix the
maximum prices on the certificate of costing submitted by the
importer as provided in regulation 21.
CONTROL ON THE SALE OF COMMODITIES  _g S.L.117.15 3
Imposition of 
conditions by 
Director.
Substituted by:
L.N. 89 of 1990.
4. The Director may by order, in respect of any commodity,
impose any such condition as he may deem fit with regard to its
sale, prohibition of sale or limitation of sale.
Price labels on 
samples.
Amended by:
L.N. 104 of 1998.
5. Repealed by Legal Notice 295 of 2002 .
Price on label not 
to exceed 
maximum price.
6. When the maximum price of any commodity is fixed in
accordance with the provisions of these regulations, the price
shown on the label referred to in regulation 5 shall not exceed such
price.
Showing of 
invoice, etc., for 
examination.
Substituted by:
L.N. 62 of 1982.
Cap. 117.
7. (1) Every person shall, if so required by the Director or by
any member of the Police or by any person appointed under article
4 of the Act, or by any member of a body of persons so appointed,
produce on demand for examination any invoice or other document
(including books) in his possession, relating to the purchase,
manufacture, production or sale of any commodity.
(2) Certificates of costings and related invoices or documents
are to be retained by local manufacturers/importers/wholesalers/
retailers for a period of two years from their date of issue or until
the commodities to which they relate are sold, whichever is the
later.
(3) Where any invoice or other document produced for
examination as required by this regulation is false or misleading or
does not represent the true facts in any material respect, the person
so producing it and any person responsible for the drawing up of
such invoice or document or for the making of the false, misleading
or untrue entry therein, shall be guilty of an offence against these
regulations.
Hoarding of 
commodities.
8. A trader in possession of stocks of any commodity which
he does not expose for sale in his place of business or keep therein
in sufficient quantities to meet the daily demands shall be deemed
to be hoarding or refusing to sell and shall be guilty of an offence
against these regulations.
Storage of 
foodstuffs and 
other goods.
Added by:
L.N. 24 of 1974.
Amended by:
L.N. 127 of 1976.
9. (1) No trader shall store foodstuffs, or any other goods as
may be specified by the Director from time to time by order in the
Gazette, in any warehouse or other building or place unless he is in
possession of a special licence issued by the Director permitting
such storage therein.
(2) The Director may attach to any such licence any condition
or conditions as he may deem fit.
(3)  Any person who in any way helps a trader to contravene
sub-regulation (1) shall be guilty of the same offence as the trader.
Return.
Added by:
L.N. 108 of 1979.
10. (1) Every importer and every wholesaler of a commodity
to which this regulation applies shall, on the first working day of
every month, not being a Saturday, deliver to the Director a return,
on such form as the Director may from time to time determine and
which shall be obtainable from the office of the Director,
containing a correct and fair statement of the information specified
in sub-regulation (2).
4 _g S.L.117.15 CONTROL ON THE SALE OF COMMODITIES 
(2) The information required to be given by sub-regulation (1)
is:
(i) amounts imported or purchased during the
period between one return and the one
immediately following together with details of
suppliers and quantities purchased therefrom;
(ii) sales made during the said period;
(iii) stocks held at the end of the said period;
(iv) places of storage where such stocks are held and
the quantities of stocks held in each such place.
(3) The commodities to which this regulation applies are -
Cattle on the hoof, imported
Beef, frozen
Pork, frozen
Canned Ham
Corned Beef
Luncheon Meat 
Milk, tinned 
Butter
Cheese - 
Cheddar 
Emmenthal 
Edam
Canned fish - 
Tuna 
Mackerel
Rice
Fruit, imported -
Oranges 
Bananas
Apples 
Pears
Potatoes, imported 
Sugar
Coffee 
Tea 
Soya bean oil, crude
Timber -
White Deal 
Red Deal
Mahogany and substitutes
Cement.
(4) For the purposes of this regulation stocks shall be deemed
CONTROL ON THE SALE OF COMMODITIES  _g S.L.117.15 5
to be held by a person if they are owned by him, or are in his
possession or under his control or within his power to dispose of or
deliver, even if they are so held for or on behalf of another person.
Purchase and sale 
of commodities.
11. (1) No trader may purchase any commodity from any
person not known to him.
(2) No manufacturer, importer, or wholesaler shall, without
reasonable cause, refuse to sell in reasonable quantities to any
retailer any commodity required in connection with the latter’s
trade or business.
(3) No retailer shall without a reasonable cause refuse to sell
to any customer any commodity in quantities reasonably required
for the normal use and consumption of the customer or his
household or of his establishment or occupation or calling:
Provided that the Commissioner of Police may exempt
from this provision in respect of any shop where wine, beer or
spirits are consumed on the premises, or of any restaurant, if he is
satisfied that such exemption should be granted to provide a higher
standard of amenities for tourists or other visitors or customers.
(4) Nothing in this regulation shall prevent any consumer from
making direct purchases from a wholesaler authorised so to sell by
the terms of his licence
Stocks of certain 
commodities.
Added by:
L.N. 12 of 1975.
Amended by:
L.N. 62 of 1982.
12. (1) Any person licensed to sell groceries, who at any time
during any one year kept for sale one or more of the commodities to
which this regulation applies, shall be guilty of an offence if he at
any time thereafter fails to keep stocks of any of the said
commodities in sufficient quantities to meet reasonable demands of
customers.
(2) This regulation applies to such commodities as may from
time to time be specified by the Director by order in the Gazette.
Conditions in 
connection with 
sale.
13.  No trader shall, in selling or offering for sale any
commodity, impose any condition in connection with such sale
other than the charging of the proper price and any such condition
as the Director may impose.
Prohibited 
agreements, etc.
14. It shall not be lawful, except in accordance with a normal
trade practice in Malta, for a trader or a group of traders to enter or
induce another trader or traders to enter into any undertaking,
agreement, contract or other instrument which in any way purports
to limit, restrict or otherwise control the sale, the price and/or the
conditions of sale of any commodity or commodities.
Closing of shop.
cause shall be deemed to be refusing to sell and shall be guilty of an
offence against these regulations.
Invoice, etc., to 
contain certain 
details.
Amended by:
L.N. 62 of 1982.
16. (1) Manufacturers, importers and wholesalers shall deliver
to every person purchasing any commodity a detailed receipted bill
or, as the case may be, an invoice, showing the number and date of
the applicable certificate of costings, if any, the date of the
transaction, the quantity sold, the price at which the sale has been
made and the maximum price at which the commodity may be sold
6 _g S.L.117.15 CONTROL ON THE SALE OF COMMODITIES 
to the consumer, which prices shall not exceed the prices fixed or
allowed under these regulations.
(2) Manufacturers, importers and wholesalers shall keep a
book with proper records of the quantities of any commodity sold,
to whom it has been sold and the relative price.
(3) No retailer shall resell any commodity obtained from a
manufacturer, an importer or from a wholesaler unless he is in
possession of the invoice or receipted bill referred to in sub-
regulation (1).
(4) The retailer shall ascertain that the maximum price at which
any commodity is sold to the consumer does not exceed the price
fixed or allowed under these regulations, and for this purpose the
wholesaler or the importer, as the case may be, shall if so
requested, produce to the retailer the relative documents for
perusal.
Director may 
require returns.
Amended by:
L.N. 108 of 1979;
L.N. 62 of 1982.
Substituted by:
L.N. 7 of 1989.
17. (1) The Director may at any time, either generally or in
one or more specific cases, either by order published in the Gazette
or by letter addressed to the trader to whom it refers, require any
trader to furnish him with such returns, documents and information
as the Director may specify, in such form and within such time as
he may specify in the request.
(2) Any trader who fails to make such return, or to furnish such
information or documents, or who makes the return or furnishes the
information or documents after the lapse of the specified time, or
who in making such return or in furnishing such information or
documents gives any information which is incorrect or misleading,
shall be guilty of an offence against these regulations.
Sales, etc., above 
maximum price.
Amended by:
L.N. 24 of 1974.
Substituted by:
L.N. 192 of 1994.
18. (1) No person shall mark, offer for sale, sell or attempt to
sell any commodity above the maximum price fixed in respect of
that commodity or at an unreasonable price where no maximum
price is fixed.
(2) When no maximum price is fixed, any extra charge made in
respect of any commodity shall be taken into account in
determining whether the total price charged is a reasonable price.
(3) In determining the reasonable price of any commodity,
when no maximum price has been fixed, no account shall be taken
of any sale, purchase or other transaction which contravenes any
regulation for the time being in force.
(4) Any profit exceeding the margin or percentage of profit
allowed under these regulations shall be conclusively deemed to
render the price charged or demanded unreasonable.
Possession of false 
weights, measures, 
etc.
Added by:
L.N. 33 of 1997.
Substituted by:
L.N. 135 of 1977.
19. Any trader who has in his possession or under his control
any weight or measure or any weighing or measuring instrument or
equipment which is false or which does not represent or show the
true and real weight or measure, as the case may be, shall be guilty
of an offence against these regulations, and the court shall on
conviction, besides awarding the punishment applicable under
these regulations, order the forfeiture of any such weight or
CONTROL ON THE SALE OF COMMODITIES  _g S.L.117.15 7
measure or weighing or measuring instrument or equipment.
Suspension of 
licence.
Amended by:
L.N. 6 of 1978.
20. (1) Any trader whose licence has been suspended shall be
debarred from the exercise of his trade or business, either generally
or to such extent only as specified in the suspension order.
(2) There shall be affixed to the door of the place or places of
business of any trader whose licence has been suspended a notice to
the effect that such licence has been suspended and such notice
shall remain so affixed for the duration of the period of suspension.
(3) It shall not be lawful for any person to remove, cover, alter
or otherwise deface any notice of suspension so affixed.
(4) No person shall, whether directly or indirectly, supply any
trader whose licence has been suspended any commodity to which
the suspension relates, except for the personal use of such trader
and his family.
Approval by 
Director of 
certificate of 
costings prior to 
release of imported 
commodities.
Amended by:
L.N. 62 of 1982.
21. (1) No imported commodity shall be released by an
importer or wholesaler to any person before the relative certificate
of costings has been submitted to, and approved by, the Director.
(2) Certificates of costings shall be drawn up by the importer
and submitted to the Director not later than forty-eight hours after
the goods have been withdrawn out of Customs control, on forms
obtainable at the office of the Director:
Provided that the Director may, in special cases, extend the
said period of forty-eight hours if he is satisfied that the importer
cannot comply with the provisions of this regulation within the said
time.
(3) The Director may in his discretion exempt any commodity
of commodities, or any class or classes of commodities, from the
requirements of this regulation.
(4) The provisions of this regulation shall not apply to any
commodity the maximum price of which is at the time of the
release fixed in the manner specified in regulation 3(2)( a ).
(5) If any certificate of costings, or any document
accompanying it, submitted under this regulation is false,
misleading or otherwise incorrect in any material respect, the
person submitting it and any person responsible for the drawing up
thereof shall be guilty of an offence against these regulations.
Costings of locally 
manufactured 
goods.
Substituted by:
L.N. 62 of 1982.
22. (1) No locally manufactured commodity to which this
regulation applies shall be released by a manufacturer to any person
before the relative certificate of costings has been submitted to, and
approved by, the Director, in such form and manner as the Director
may require.
(2) This regulation shall apply to such commodities as are from
time to time specified by the Director by order published in the
Gazette.
Displaying in shop 
of notice at the 
request of Director.
23. Every retailer shall display prominently in his shop
premises any notice which the Director may ask him to display in
connection with the sale of any commodity.
8 _g S.L.117.15 CONTROL ON THE SALE OF COMMODITIES 
Price list at door of 
restaurants.
24. At the door of every restaurant, with the exception of such
restaurants as from part of a hotel and which are not open to non-
residents, there shall be exhibited a menu and price list in such a
place and of such dimensions that they may be easily and clearly
read by members of the public without the need of entering therein:
Provided that this provision shall not apply in respect of
commodities offered for sale but not intended for consumption
therein or thereat.
Oath.
Added by:
L.N. 127 of 1976.
25. Any person authorised by the Director of Trade to exercise
any of the powers and duties conferred on the Director by these
Regulations may be required by the said Director to take the
following oath before a Commissioner for Oaths:
I, ....................... solemnly swear/affirm that I shall
perform my functions in terms of the Sale of
Commodities (Control) Regulations, faithfully and to
the best of my ability, and shall not disclose to
unauthorised persons any information which comes to
my knowledge during the performance of the said
functions. (So help me God).
Penalties.
Amended by:
L.N. 20 of 1973;
L.N. 24 of 1974;
L.N. 83 of 1974;
L.N. 12 of 1975;
L.N. 75 of 1975;
L.N. 127 of 1976;
L.N. 16 of 1977;
L.N. 33 of 1977;
L.N. 108 of 1979;
L.N. 56 of 1980;
L.N. 62 of 1982.
Cap. 9.
26. (1) Any person who contravenes or fails to comply with
any of these regulations or any order made under these regulations
or otherwise imposed by these regulations or any condition
attached to any licence issued under these regulations shall be
guilty of an offence against these regulations.
(2) Offences against these regulations shall be deemed to be
contraventions.
(3) The provisions of the Criminal Code relating to criminal
proceedings shall, subject as hereinafter stated, apply in respect of
proceedings for offences against these regulations:
Provided that proceedings in respect of an offence against
these regulations may be commenced at any time within one year
from the commission of the offence.
(4) Any person guilty of an offence against these regulations
shall be liable -
( a ) on a first conviction, to a fine ( multa ) of not less than
fifty liri but not exceeding two hundred and fifty liri;
( b ) on a second conviction, to a fine ( multa ) of not less
than one hundred liri but not exceeding five hundred
liri sohowever that if the second offence is committed
within twelve months from the first conviction the
offender shall be liable to the penalty contained in
paragraph ( c ) of this sub-regulation;
( c ) on a further conviction, to a fine ( multa ) of one
thousand liri:
Provided that where the offence is one as is provided in
regulation 7(3) or in regulation 21(5), or consists in giving
information which is incorrect or misleading as provided in
regulation 17(2), the Court may, and if so requested by the
CONTROL ON THE SALE OF COMMODITIES  _g S.L.117.15 9
prosecution shall, in addition to any other punishment, sentence the
offender to imprisonment for a term of not less than ten days and
not exceeding six months.
(5) In addition to the punishments laid down in the foregoing
provisions of this regulation, the Court shall, on the demand of the
prosecution -
( a ) in the case of a second conviction, order the
suspension of the offender’s licence for a period of not
less than one week and not more than three months;
and
( b ) in the case of a further conviction, order the
cancellation of any licence held by the offender and
relating to any trade or business and of any licence
relating to the premises to which the offence relates.
(6) In every case of conviction for an offence against these
regulations, the Court may, and if so requested by the prosecution
shall, order the forfeiture of the commodities to which the offence
relates.
(7) The suspension of the licence ordered by the Court shall
have effect from such date, being a date within eight days from the
date of the sentence, as the prosecuting officer may specify orally
to the Court during the proceeding.
Cap. 446.
in respect of any offence against the provisions of these
regulations.
(9) The court by which a person is found guilty of an offence
against these regulations consisting in the selling of any commodity
at an unreasonable price or at a price higher than the maximum
price of that commodity shall order the offender to refund to the
person to whom the commodity has been sold such portion of the
price charged as the court shall fix or such amount as was in excess
of the maximum price fixed, as the case may be, within such time
not exceeding one month, as the Court shall prescribe, under a
penalty of not less than two liri for each day of default in case of
non-compliance with such order within the time fixed, saving the
right of the person to whom the refund is due to recover the amount
by civil process before the competent Court, for which purpose the
order for the refund made by the Court of Magistrates shall
constitute an executive title and may be enforced by the creditor
after two days following the service on the debtor of a demand for
payment made by a judicial act.
Cap. 249.
(10) Where 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
where 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 as provided in article 13 of the
Interpretation Act, or by virtue of any liability under article 10 of
the Act, and it results that an offence against these regulations has
occurred, the provisions of this regulation relating to the
suspension or cancellation of any licence held by the offender or
10 _g S.L.117.15 CONTROL ON THE SALE OF COMMODITIES 
other person as aforesaid shall apply also 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 shall equally be suspended or
cancelled accordingly. 
Trader to be 
responsible for 
offences by 
employees, etc.
Added by: 
L.N. 62 of 1982.
27. Every trader shall take all such steps as are required to
ensure full compliance with all the provisions of these regulations;
and even where any contravention of 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 trader, such trader shall also
be guilty of that offence unless he proves that he took all
reasonable steps to prevent the commission of the offence.
Fixed prices. 28. All prices lawfully fixed prior to the coming into force of
these regulations shall remain in force until varied or revoked
under these regulations, and shall be deemed to have been fixed
under the relative provision of these regulations.
