WINE g CAP. 436.  1
CHAPTER 436
WINE ACT
To provide for the control of the production, importation, marketing and
advertising of wine and wine related products.
21st June, 2002
Act XXII of 2001.
Short title.
Interpretation.
the context otherwise requires -
"analyst" means any duly qualified person or persons or any duly
qualified institution on whom the Minister may, by regulation, on
the advice of the Board, from time to time, allocate the
responsibilities of analyses or examination of wines and wine
related products and "analysis" shall be construed accordingly;
"artificial wine" means a beverage which fails to conform with
the provisions of this Act and with any regulation or order made
thereunder in one or more aspects;
Cap. 419.
"Authority" means the Malta Standards Authority established by
the Malta Standards Authority Act;
"Board" means the Wine Regulation Board established under
article 16;
"Department" means the Department of Agriculture;
"Director" means the Director of Agriculture and includes, to the
extent of the authority given, any officer authorised by him, in
writing, to act in that behalf for any of the purposes of this Act;
"Enforcement Authority" means the Board or the Department or
any other Government department as may be allocated
responsibility by regulations made under this Act, or is otherwise
responsible, for the control of wine and wine related products;
"importation" includes withdrawal from bond and "imported"
shall be construed accordingly;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"Minister" means the Minister responsible for Agriculture and
includes, to the extent of the authority given, any officer authorised
by him, in writing, to act in that behalf for any of the purposes of
this Act;
"oenological practices and processes" means those practices and
processes used in the production of wine and wine related products
specified under this Act;
"person" includes any partnership, association of persons, or
legal entity;
"planting rights" means the right given to a grower to plant vines
2 g CAP. 436. WINE
for the purpose of establishing new vineyards, for varietal
reconversion and for the renewal of vines, in specific areas over a
determined period of time;
''producers’ organisation'' means an organisation which is
recognised as such, being a voluntary legally constituted body of
producers of particular wine and wine products or persons engaged
in the viticultural and, or in oenological industries, acting together
to produce, harvest, process, store, package and market their
products;
Cap. 39.
"public weigher" means a person licensed under Part III of the
Weights and Measures Ordinance;
''quality wines'' includes wines produced in specified regions;
"registration" includes a trading licence or any registration
required by the Board or by the Department and any other licence
as may be required by regulations made under this Act;
"sale" means the disposal of possessions or of ownership under
any title whatsoever, and "to sell" shall be construed accordingly;
''specified region'' means a vine-growing area or a combination
of vine-growing areas which produces wine grapes with particular
quality characteristics and whose name is used to designate quality
wine;
"vintner" means any person who produces wine and must to be
sold, and includes, where applicable, with reference to the
marketing of wine and must, any merchant other than a retailer;
"wine" and "wine related products" are the products obtained
exclusively from the total or partial alcoholic fermentation of fresh
grapes, whether or not crushed, or of grape must, officially
certified to be produced exclusively from authorised or
recommended grape varieties;
"winery" means any premises in which wine is prepared,
processed and stored before it is sold or offered for sale.
Licensing of 
vintners.
3. (1) No person shall prepare, make or bottle locally
produced or imported wine and wine related products for sale,
without a valid licence issued by the Director against payment of
the fee as may be prescribed by regulations made under this article
by the Minister on the advice of the Board.
(2) Any licence issued under subarticle (1) shall be valid up to
the 31 st  December of the year of its issue and shall be renewed
from year to year unless such licence is cancelled or revoked under
the provisions of this Act.
(3) Any application for the issue of a licence under subarticle
(1) shall be made to the Director on the prescribed form obtainable
from the Department and shall contain all such information as the
Director may require.
(4) The Director may, before granting or refusing any licence
or any renewal thereof, consult the Board.
(5) Any licence issued under subarticle (1) shall refer to one
particular winery only.
WINE g CAP. 436.  3
(6) Any person who engages in the operation of an unlicensed
winery shall be guilty of an offence.
(7) Any licensed person who fails to comply with the
provisions of this Act shall be guilty of an offence.
Appeal to Appeals 
Board.
4. Where the issue or renewal of a licence has been refused,
the Director shall inform the applicant forthwith of such refusal and
the applicant may appeal therefrom to an Appeals Board
constituted of three persons as may be appointed by the Minister.
Registration of 
vineyards and 
growers.
5. (1) A Register of Vineyards shall be kept by the Director
and shall be periodically up-dated to provide accurate information
on areas under vine production and to estimate the wine potential.
(2) The Department shall establish a graphic reference base
covering the entire area under vine production in the form of a map
indicating the exact location and area of vineyards, and this graphic
base shall be kept regularly up-dated to show the trends in areas
under vine production.
(3) No person shall produce grapes for wine production or use
any land for the growing of grapes for wine production unless the
person is registered as a grower and the land under vine is
registered with the Department.
(4) The Minister may, acting on the advice of the Board, make
rules for the registration of vine varieties providing for the
classification of such vine varieties into recommended varieties,
authorised varieties and temporarily authorised varieties.
(5) Only grapes belonging to varieties listed in the
classification established in accordance with subarticle (4) as
recommended or authorised varieties, or production derived
therefrom, may be used for the manufacture of -
( a ) grape must with fermentation arrested by the addition
of alcohol;
( b ) concentrated grape must;
( c ) rectified concentrated grape must;
( d ) tablewine;
( e ) quality wine (produced in specified regions);
( f ) liqueur wine;
( g ) sparkling wine:
Provided that the Director may, on the advice of the Board,
authorise that grapes from varieties classified as temporarily
authorised shall also be regarded as suitable for yielding the
products listed in this subarticle.
(6) Fresh grapes, grape must, grape must in fermentation, new
wines still in fermentation and wine from vine varieties not
included in the classification may not be placed in circulation or
used in the production of wine and wine-related products.
Types of wines.
Board, determine the types of wines and wine related products that
may be produced, imported or sold as well as the constituents
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thereof and the minimum alcoholic strength of each type.
Beverages under 
the designation of 
wine.
7. No beverage shall be imported or sold in Malta as wine or
under the designation of wine unless it conforms with the
provisions of this Act and with any regulations made thereunder.
Artificial wine. 8. No person may produce, import, sell or offer for sale as
wine any artificial wine.
Rules governing 
oenological 
practices and other 
processes.
9. The Minister may, with the advice of the Board, make
rules-
( a ) governing oenological practices and processes that
may be used for production and preservation of wines
and wine related products;
( b ) governing the blending and mixing of musts and
wines;
( c ) establishing purity and identification specifications for
substances to be used in oenological practices and
processes;
( d ) setting up the practices and processes which are to be
carried out only under the responsibility of a person
recognised by the Department with sufficient
oenological knowledge to ensure the quality and
wholesomeness of the wine or wine product;
( e ) establishing the conditions under which unauthorised
practices and processes may be applied for
experimental purposes;
( f ) establishing practices and processes concerning the
enrichment, acidification, deacidification and
sweetening, and concerning the sulphur dioxide
content and the maximum volatile acid content in
wines.
Weighing of 
grapes.
10. (1) Owners of locally harvested grapes for pressing shall
cause the grapes to be weighed by a public weigher on harvesting.
(2) Public weighers shall, immediately after having weighed
any grapes in accordance with the provisions of subarticle (1),
furnish the party or parties concerned with a note on the
appropriate prescribed form obtainable from the Department.
(3) A copy of every note of weight furnished as provided in
subarticle (2) shall be forwarded by the public weigher concerned
to the Director within thirty days from the date of weighing.
(4) Records submitted by a public weigher must include
information on variety and origin.
Records, returns 
and statements by 
vintners and 
growers.
11. (1) Producers of grapes for wine-making registered with
the Department shall, each year before the 31 st  October, on the
appropriate prescribed form obtainable from the Department,
declare the quantities of the different varieties of grapes produced
from the last harvest:
Provided that the Minister may, on the advice of the Board,
fix a different date for harvest declaration provided it is not later
than the 31 st  December of the year in question.
WINE g CAP. 436.  5
(2) The Director may, at any time, require by notice any
vintner to furnish him, within such time prescribed in the notice,
with a statement showing the number of hectolitres of wine and of
muted grape must held by him on the particular day or on particular
days as may be specified in the notice.
Quality wines 
produced in 
specified regions.
12. (1) The Minister may, acting on the advice of the Board,
make regulations laying down specific provisions for quality wine
produced in specified regions and for products suitable for yielding
a quality wine.
(2) Each specified region shall be precisely demarcated, as far
as possible, on the basis of the individual vineyard or vineyard plot;
such demarcation shall take into account the factors which
contribute towards the quality of the wines produced in those
regions, such as the nature of the soil and sub-soil, the climate and
the situation of the individual vineyard or vineyard plot.
(3) The Minister, acting on the advice of the Board, shall
authorise the department to -
( a ) draw up a list of authorised or recommended vine
varieties of the species Vitis vinifera suitable for
producing each of the quality wines produced in
specified regions; and
( b ) lay down the provisions regarding local vine-growing
methods which are required to ensure the best possible
quality for local quality wine.
Production of 
quality wine.
13. (1) Quality wine may be produced only -
( a ) from grapes of vine varieties which appear on the
approved or recommended lists and which are
harvested within the specified region; or
( b ) by processing grapes referred to in paragraph ( a ) into
grape must and processing the must thus obtained into
wine, as well as by the production of such wine within
the specified region where the grapes used were
harvested.
(2) Notwithstanding the provisions of subarticle (1)( b ), a
quality wine may be produced in an area in close proximity to the
specified region concerned, where this has been expressly
authorised by the Board, subject to conditions which the Board may
deem fit to impose.
(3) The Board may authorise a vintner to produce quality wine
by processing grapes into must and must into wine, as well as by
producing such wine, even outside an area in immediate proximity
to the specified region where grapes used were harvested.
Regulations 
regarding 
labelling, etc., of 
wine and wine 
related products.
14. The Minister may, acting on the advice of the Board, make
regulations - 
( a ) governing the labelling, marking, presenting and
advertising of wine and wine related products and the
descriptions which may be applied to wine and wine
related products produced locally or imported; and
(b) specifying the information required in documents
6 g CAP. 436. WINE
accompanying the transport of wine and wine related
products.
Imported wine. 15. (1) All wine imported in bulk shall be entered in a
Customs or other bonded warehouse and shall, prior to its release,
be bottled under Customs supervision and control.
(2) Every person who withdraws from Customs or other
bonded warehouse any imported wine bottled in Malta, shall keep a
register showing -
( a ) the number of bottles, with their capacity, withdrawn
and the date of withdrawal;
( b ) the type and the alcoholic strength of the wine
withdrawn.
Wine Regulation 
Board.
16. (1) There shall be a Board to be known as the Wine
Regulation Board, which shall consist of a Chairman, a Deputy
Chairman and seven other members, who shall be appointed by the
Minister to sit on the Board for a period of three years, as follows:
( a ) the Director of the Department e x officio , as Chairman;
( b ) two senior technical or scientific officers of the
Department, one of whom shall be appointed Deputy
Chairman;
( c ) four members from among commercial vintners and,
or from producers organisations; and
( d ) two members from among registered vine growers.
(2) The Minister shall designate an officer of the Department
to act as Secretary to the Board.
(3) The Board shall have the power to -
( a ) act notwithstanding any vacancy in its composition;
( b ) set up specialised sub-committees for the purpose of
dealing with matters requiring specialised knowledge
or experience. 
(4) A person shall not be eligible to be appointed a member of
the Board, or to continue to be a member of the Board, if such
person-
( a ) is a member of the House of Representatives; or
( b ) is legally incapacitated; or
( c ) has been declared bankrupt or has made a composition
with his creditors; or 
( d ) has been convicted of -
(i) any crime affecting public trust; or 
(ii) theft; or
(iii) fraud; or
(iv) knowingly receiving property obtained by theft
or fraud; or
(v) any offence against this Act or any regulations
made thereunder.
WINE g CAP. 436.  7
(5) Notwithstanding any of the provisions of subarticle (4), the
Minister may terminate the appointment of an appointed member, if
in his opinion, such member is unfit to continue in office or is or
has become incapable of properly performing his functions.
Functions of the 
Board.
17. The functions of the Board shall be:
( a ) to advise the Minister in the making of policies
regulating the viticultural and oenological sector, and
on any regulations made under this Act;
( b ) to initiate, develop and keep under review regulations
made or to be made under this Act;
( c ) to monitor and keep under review the proper
implementation, functioning or attainment, to the
highest standards achievable, of the purposes of this
Act and of Government policy for the wine sector;
( d ) to participate in ensuring the highest standard possible
for Malta in the wine sector and to co-operate and co-
ordinate as necessary with Government departments
and other bodies in the achievement of these aims;
( e ) to provide the Minister with technical, scientific, legal
and other advice in the field of wine and wine related
products, as the Minister may from time to time
request;
( f ) to initiate and participate in research, surveys,
programmes, and other activities as may be deemed
necessary for the attainment of the optimum level of
wine and wine related products and control and to
prepare and maintain the necessary resources and data
bases for carrying out this task; and
( g ) to perform any other functions or duties and to
exercise such further powers or responsibilities as are
assigned to it in this Act or any other law and as the
Minister may from time to time determine.
Procedure of the 
Board. 
18. (1) Subject to any rules which the Minister may prescribe,
the Board shall regulate its own procedure.
(2) Without prejudice to any rules prescribed under subarticle
(1) the Board shall meet at least six times a year.
(3) The Board shall report to the Minister and shall prepare
and present to the Minister an annual report.
(4) All expenses in respect of the Board shall be met by the
Department.
Appointment of 
authorised officers.
19. (1) The Minister may, on the advice of the Board,
designate public officers to be authorised officers for the control of
wine and wine related products.
(2) No person, who is engaged directly or indirectly in any
business related to wine or wine related products, shall act as an
authorised officer; and no public officer shall be engaged directly
or indirectly in any business related to wine or wine related
products.
8 g CAP. 436. WINE
(3) An authorised officer shall have the power, at any
reasonable time, to enter and inspect any premises in or at which he
has reason to believe that any wine is being produced, bottled,
stored, sold or offered for sale, to examine and search such
premises, to inspect any such wine and to take samples thereof:
Provided that an authorised officer shall not enter into any
dwelling unless authorised by a Magistrate.
(4) An authorised officer shall have the right of access to, and
inspection of, any registers, records and notes kept in accordance
with the provisions of this Act or of regulations made thereunder.
(5) Any authorised officer exercising any power conferred by
subarticle (3) may -
( a ) seize and obtain any records which he has reason to
believe may be required as evidence in proceedings
under any of the provisions of this Act or of
regulations made thereunder; and
( b ) in the case where the records are kept by means of a
computer, require the records to be printed.
(6) Any authorised officer who discloses to any person any
information obtained by him in the course of his duties with regards
to any trade secret, shall, without prejudice to any other liability
under any other law, unless the disclosure is made necessarily in
the performance of his duty, be guilty of an offence.
(7) Any person who -
( a ) intentionally obstructs or causes the obstruction of any
person acting in the proper exercise of his functions
under this Act; or
( b ) without reasonable cause, fails to give to any person
acting in the exercise of his functions under this Act,
any assistance or information which he may be
required to give under this or any other law, or gives
false or misleading information,
shall be guilty of an offence.
Taking of samples. 20. (1) Whenever any sample of wine or of a wine related
product is taken for analysis, such sample shall be taken free of
charge, against the issue of an official receipt.
(2) From time to time, the Minister shall, should it be deemed
necessary, determine the procedure to be followed for the taking of
samples.
(3) Samples taken in accordance with subarticle (2) shall be
subject to analysis by one or more of the official methods of
analysis as established by the Minister for the purpose, on the
advice of the Board.
Harvesting dates 
and fixing of 
minimum prices 
for local harvests.
21. (1) The Director may, on the advice of the Board, by order
published in the Gazette, establish in respect of each variety and for
each year the date or dates on which the harvesting of locally
grown grapes intended for the production of wine may commence:
Provided that, in special cases, the Director may at his
WINE g CAP. 436.  9
discretion, authorise in writing any particular grower to start
harvesting on a different date.
(2) The Director may take such steps as he may deem
necessary for the supervision of the purchase of grapes by vintners
and or ensuring compliance with any order made by him.
Planting rights and 
varietal 
reconversion.
22. The Minister may make regulations for the establishment
of planting rights for the purpose of establishing new vineyards, for
varietal reconversion and for the renewal of vines aimed at-
( a ) planting more market oriented vines to produce more
marketable quality wine;
( b ) relocation of vineyards;
( c ) adopting new production and management techniques;
( d ) encouraging young entrants to the sector;
( e ) promoting the role of producer organisations in the
sector to target supply to demand, reduce production
costs and promote the use of environmentally sound
practices; and
( f ) introducing measures for land consolidation
compatible with the protection and improvement of the
environment, the landscape and its features, natural
resources and genetic diversity.
National inventory 
of wine-growing 
potential.
23. The Minister may make regulations for the establishment
of a national inventory of wine-growing potential comprising an
inventory of the following -
( a ) areas under vines;
( b ) varieties planted;
( c ) planting rights;
( d ) management techniques; and
( e ) average yields.
Legal proceedings.
before the Court of Magistrates for an offence under this Act, the
Director or any officer, lawyer or legal procurator deputed by the
Director or any other enforcement authority may, notwithstanding
any law to the contrary, lay the charge before the Court, produce
evidence, plead and otherwise conduct the prosecution instead of
the Police.
(2) The sworn statement of any officer, lawyer or legal
procurator to the effect that he has been deputed as provided in
subarticle (1) shall be conclusive evidence of the fact, should proof
thereof be required by the accused.
Prescription for 
offence under 
article 19(7).
25. Criminal action for an offence under article 19(7) shall be
barred by the lapse of three months.
Penalties.
shall be liable to a fine ( multa ) of not less than two hundred liri and
not exceeding two thousand liri. 
(2) A person found guilty of a subsequent offence under this
10 g CAP. 436. WINE
Act, shall on conviction, be liable to a fine ( multa ) of not less than
five hundred liri and not exceeding five thousand liri.
(3) Upon conviction for any offence under this Act, other than
a conviction for an offence under article 19(7), the court may also,
at the request of the prosecution, revoke or suspend any registration
issued in respect of the person so found guilty, or the premises
forming the subject of the proceedings.
(4) Where any person is found guilty of an offence under
article 19(7), he shall, in addition to the punishment laid down in
subarticles (1) or (2), be liable to a penalty of not less than fifty liri
per day from the date of the conviction to the date in which such
person desists from obstructing or causing obstruction or gives the
assistance or information required, as the case may be.
(5) Any person found guilty of an offence under this Act shall,
upon an application by the enforcement authority after the
sentence, be ordered by the Court to pay the enforcement authority
the costs incurred by it for the prosecution and proving of the
offence, including any inspection which led to the prosecution.
Cap. 12.
(6) No appeal shall lie from a decision of the court under
subarticle (5). Any sum awarded by way of costs by such a decision
shall be recoverable as a civil debt and that decision shall be an
executive title in like manner as if it were included among the
executive titles contained in article 253 of the Code of
Organization and Civil Procedure.
Power to make 
regulations.
27. Without prejudice to any other provision of this Act, the
Minister may make regulations for giving effect to any of the
provisions of this Act and, without prejudice to the generality of
the foregoing, any regulations may, in particular -
( a ) prescribe the fees payable for registration under this
Act;
( b ) prescribe the conditions under which registration may
be granted or renewed;
( c ) control the importation, production, bottling and sale
of wines;
( d ) lay down rules to prohibit the over-pressing of grapes
and the pressing of wine lees and the refermentation of
grape marc;
( e ) lay down rules for the distillation of surplus
unmarketable quantities of table wine;
( f ) provide for the appointment and power of analysts and
the procedure for taking samples and the methods of
analysis;
Cap. 449.
( g ) prescribe the requirements, in addition to those
prescribed by or under the Food Safety Act, to which
any premises used for the production of wine have to
conform; and
( h ) prescribe any other thing that may or is to be
prescribed under this Act.
WINE g CAP. 436.  11
Codes of Practice 
and guidelines.
28. The Minister may issue codes of recommended or best
practice as regards the execution and enforcement of this Act and
of regulations and orders made thereunder for the guidance of the
Board, or of any person or persons, or class or group of persons,
who is or are engaged in the execution and enforcement of this Act
and of regulations and orders made thereunder.
Documentation.
any document to be used for the purposes of this Act.
(2) Any document purporting to bear the signature of an
officer, who is expressed to hold an office by virtue of which he is
under this article empowered to sign such a document or to be duly
authorised by the Enforcement Authority to sign such a document
shall, for the purposes of this Act, and of any regulations or orders
made thereunder, be deemed to have been duly given, made or
issued by authority of the Enforcement Authority.
Regulations 
authorising charges 
to be imposed.
30. The Minister may make regulations requiring or
authorising charges to be imposed by the enforcement authority
with regards to actions taken by the enforcement authority under
this Act or regulations made thereunder, or regulations in the field
of wine and wine related products control.
Applicability of 
provisions of this 
Act.
31. (1) The provisions of this Act shall apply, in respect of the
sector which it governs, without prejudice to the provisions of any
treaties or other international agreements entered into or acceded to
by Malta, and with the provisions of any acts binding force of
which derives from any such treaty or agreement.
(2) The Minister shall, in the exercise of the powers conferred
to him by this Act, ensure, with respect to the sector governed by
this Act, Malta’s compliance with the provisions of treaties or other
international agreements entered into by Malta and with the
provisions of any laws, the binding force of which derives from any
such treaty or agreement.
(3) The Minister may, in the observance of any requirements
arising under subarticle (2), make regulations granting rights to,
and imposing obligations upon, any entity or body or association of
persons whether it has a legal personality distinct from that of its
members or not.
Saving.
Cap. 211.
32. Any subsidiary legislation made under the provisions of
the Wine Act, repealed by this Act, shall, until other provision is
made under or by virtue of this Act, continue in force and have
effect as if made under this Act.
