FOOD SAFETY g CAP. 449.  1
CHAPTER 449
FOOD SAFETY ACT
To make provision for any matter related to food safety and to establish
a Food Safety Commission, to introduce new provisions for enforcement in
relation to food, and to repeal the Food, Drugs and Drinking Water Act.
13th September, 2002
ACT XIV of 2002.
P A R T  I
Preliminary
Short title.
Interpretation.
"additive" means any substance not normally consumed as a food
in itself and not normally used as a characteristic ingredient of food
whether or not it has nutritive value, the intentional addition of
which to food for a technological purpose in the manufacture,
processing, preparation, treatment, packaging, transport or storage
of such food results, or may be reasonably expected to result, in it
or its by-products becoming directly or indirectly a component of
such foods;
"advertisement" includes any notice, circular, label, wrapping,
invoice or other document or presentation, and any broadcast or
public announcement by visual or acoustic presentation or both,
and "to advertise" shall be construed accordingly;
"authorised technique" shall not include any technique which
involves no more than, or no more than the assistance of, naturally
occurring processes of reproduction, including selective breeding
techniques or  in vitrio  fertilisation;
"authorised officer" means any person suitably qualified to the
satisfaction of the health authority;
"authorised place" means any port, airport or other place
authorised by or under the regulations which is used, or is capable
of being used, for the importation or exportation of food or food
sources, and, in relation to food in a particular consignment,
includes any place so authorised for the importation of that
consignment;
"commercial operation" in relation to any food or contact
material means any of the following:
( a ) selling, possessing for sale, and offering, exposing or
advertising for sale;
( b ) consigning, delivering or serving by way of sale;
( c ) preparing for sale or presenting, labelling or wrapping
for the purpose of sale;
( d ) storing or transporting for the purpose of sale;
2 g CAP. 449. FOOD SAFETY
( e ) importing or exporting;
and, in relation to any food source, means deriving food from that
food source for the purpose of sale or for purposes connected with
sale;
"Commission" means the Food Safety Commission established
under article 5;
"consumer" means any natural or legal person who, not in the
course of a business, trade or profession, buys or otherwise
receives food or food sources within the meaning of the provisions
of this Act;
"contact material" means any article or substance which is
intended to come into contact with food;
"container" includes any basket, pail, tray, package or receptacle
of any kind, whether open or closed;
"court" means such court having jurisdiction according to law
over any person charged with having committed offences against
any of the provisions of this Act;
"description", in relation to food, includes any description of its
origin or of the manner in which it is packed;
"food" means any substance or products, whether processed,
partially processed or unprocessed, intended to be, or reasonably
expected to be ingested by humans;
"food" includes -
(i) drink, including potable water in liquid or solid
state;
(ii) chewing gum and products of a similar
composition and use;
(iii) any substance, intentionally incorporated into
the food during its manufacture, preparation or
treatment; and
(iv) any other substance as the Minister may by
regulation prescribe.
Water used for human consumption must comply with any
criteria which the Minister may by regulation prescribe;
"food"  shall not include -
(i) live animals or birds, or live fish which are not
used or intended for human consumption while
alive;
(ii) fodder or feeding stuff for animals, birds or fish;
(iii) cosmetics;
(iv) narcotic or psychotropic substances within the
meaning of the United Nations Single
Convention on Narcotic Drugs, 1961, and the
United Nations Convention on Psychotropic
Substances, 1971;
(v) tobacco;
FOOD SAFETY g CAP. 449.  3
(vi) residues and contaminants; and
(vii) any other substance which the Minister may by
regulation prescribe;
"food business" means any undertaking, whether for profit or not
and whether public or private, carrying out any of the activities
related to any stage of production, processing and distribution and
the importation and exportation of food;
"food control" shall include the totality of all regulatory,
licensing, enforcement and prevention and other activities
conducted for purposes of health, food safety and hygiene,
compositional, nutritional or other value, or otherwise, in relation
to the preparation, production, processing, sale and provision of
food or food sources in, or seeking admittance to Malta, including
the operation of all food business by whomsoever conducted;
"food premises" means any premises used for the purposes of a
food business, and includes stalls, whether in open or closed
markets, vehicles, whether movable or not, and sea-going vessels,
including fishing vessels;
"food source" means any growing crop, live animals, bird or fish
from which food is intended to be derived, whether by harvesting,
milking, collecting eggs or otherwise;
Cap. 94.
"health authority" means the public officer responsible for public
health in terms of the Department of Health (Constitution)
Ordinance or any law substituting the same;
"irradiated" means treated with ionised irradiation sources,
including X-rays, electronic beams or gamma rays;
"label" includes any tag, ring or collar, brand name, trade mark,
pictorial or other descriptive matter in any case, which is written,
printed, stencilled, marked, embossed or impressed on, or attached
to, a container of food, or in any other way clearly visible through
its packaging;
"labelling" includes any words, particulars, trade mark, brand
name, pictorial matter or symbol relating to the food and appearing
on the packaging of the food or on any document, notice, label, ring
or collar accompanying the food;
"licence" means any authorising document issued by any body or
authority appointed by the Government for that purpose;
"licensee" means any person to whom the licence is issued or any
person acting in his stead;
"Minister" means the Minister responsible for public health;
"novel food" means any food which has not previously been used
for human consumption in Malta, or has been so used only to a very
limited extent, or food produced, prepared or processed in such
manner by using methods which produce significant changes in the
compositional or nutritional value of the food, or the use to which it
is put;
"nutritional" means of nutritive value; deriving from nutrients in
the composition of food; such nutrients include proteins, dietary
4 g CAP. 449. FOOD SAFETY
fats, carbohydrates, minerals, vitamins, dietary fibres and other
nutrients with energy content;
"preparation" includes manufacture and any form of treatment or
alteration, including handling, and "preparation for sale" includes
packaging and "to prepare for sale" shall be construed accordingly;
"responsible person" means the person responsible for the food
business, food premises or food product and, in his absence,
includes such employee or other person, being the senior employee
or person present, engaged in operating the food business or food
premises at the time; such senior employee or person shall be
presumed to be acting on the authority of the person responsible
unless the person responsible produces proof to the contrary;
"sale" shall be construed as a reference to sale for human
consumption;
"source of supply" shall include any spring, well, tank, cistern,
conduit, aqueduct, reservoir and other waterworks.
(2) For the purpose of this Act -
( a ) the supply of food, otherwise than by sale, in the
course of a business; and
( b ) any other thing which is done with respect to food
which may, from time to time, be specified by
regulations made under this Act,
shall be deemed to be a sale of the food, and references to
''purchases'' and ''purchasing'' shall be construed accordingly.
Applicability of 
this Act.
3. (1) This Act shall apply to all food products, whether
produced in Malta, imported into Malta or exported therefrom, and
whether intended for sale on the local market or intended for
export. 
(2) This Act shall also apply -
( a ) in relation to any food which is offered as a prize or
reward or given away in connection with any
entertainment to which the public is admitted, whether
on payment of money or not, as if the food were, or
had been, exposed for sale by each person concerned
in the organization of the entertainment;
( b ) in relation to any food which, for the purpose of
advertisement or in furtherance of any trade or
business, is offered as a prize or reward or given away,
as if the food were, or had been, exposed for sale by
the person offering or giving away the food; and
( c ) in relation to any food which is exposed or deposited
in any premises for the purpose of being so offered or
given away as mentioned in paragraphs ( a ) and ( b ), as
if the food were, or had been, exposed for sale by the
responsible person in respect of the premises,
and in this article "entertainment" includes any social gathering,
amusement, exhibition, performance, game, sport or trial of skill.
Presumptions. 4. (1) For the purposes of this Act, any food commonly used
FOOD SAFETY g CAP. 449.  5
for human consumption shall, if sold or offered, exposed or kept for
sale, be presumed, until the contrary is proved, to have been sold,
or, as the case may be, to have been or to be intended for sale for
human consumption.
(2) Unless the contrary is proved, it shall be presumed that -
( a ) any food commonly used in the manufacture of food
for human consumption; and
( b ) any article or substance commonly used in the
manufacture of food for human consumption,
which is found on premises used for the preparation, storage, or
sale of that food is intended for sale, or for manufacturing food for
sale, for human consumption.
(3) Any article or substance capable of being used in the
composition or preparation of any food commonly used for human
consumption which is found on premises on which that food is
prepared shall, until the contrary is proved, be presumed to be
intended for such use.
P A R T  II
Food Safety Commission
Food Safety 
Commission.
5. (1) There is hereby established a Food Safety Commission
which shall consist of:
( a ) a chairperson;
( b ) the senior public officer operationally responsible for
public health, designated by the Minister responsible
for public health;
( c ) the senior public officer operationally responsible for
veterinary services, designated by the Minister
responsible for veterinary services;
( d ) the senior officer operationally responsible for food
stuffs within the Malta Standards Authority,
designated by the Chairman of that Authority;
( e ) the senior public officer operationally responsible for
consumer affairs, designated by the Minister
responsible for consumer affairs;
( f ) the senior public officer operationally responsible for
health promotion, designated by the Minister
responsible for health promotion;
( g ) the senior public officer operationally responsible for
environment protection, designated by the Minister
responsible for environment protection; and
( h ) the senior public officer operationally responsible for
plant health, designated by the Minister responsible
for plant health.
(2) In addition, the Minister may also appoint three other
members from among persons not having any direct or indirect
interest in any food business.
6 g CAP. 449. FOOD SAFETY
(3) The Chairperson and the members of the Commission,
appointed by the Minister under subarticle (2), shall be so
appointed for a term of three years.
(4) The Chairperson and the other members of the Commission
referred to in subarticle (3) may resign their office at any time by
giving notice in writing to the Minister.
(5) The Minister may at any time remove the Chairperson and,
or, any of the members appointed under subarticle (2) on grounds
of disability to perform their functions, bankruptcy or neglect of
duty.
(6) The quorum necessary for meetings of the Commission
shall be the Chairperson and not less than half the other members:
Provided that the Commission may act notwithstanding
any vacancy among its members.
(7) The decisions of the Commission shall be taken by a
majority of votes of members present at the meeting. The
Chairperson of the Commission shall have an original vote and, in
the case of equality of votes, also a second or casting vote.
(8) The Minister shall designate a public officer in a
department within his Ministry to act as the secretary to the
Commission.
(9) Subject to the provisions of article 9, and to the other
provisions of this Act, the Commission may regulate its own
procedures and meetings in such manner as it deems proper.
Judicial and legal 
representation.
6. The judicial and legal representation of the Commission
shall vest in the Chairperson: 
Provided that the Commission may appoint any one or
more of the other members to appear in the name and on behalf of
the Commission in any judicial proceedings, and in any act,
contract, instrument or other transaction whatsoever.
Functions of the 
Commission.
7. (1) It shall be the duty of the Commission to monitor, co-
ordinate and keep under review all practices, operations and
activities relating to food, and for such purpose it shall:
( a ) effectively apply the precautionary principle when a
significant risk to consumers is identified or
reasonably suspected;
( b ) monitor the enforcement of any relevant legislation,
standards and practices in relation to food business,
food premises, and persons operating in the food
business;
( c ) administer an efficient and effective system for rapid
alert, product recall and product withdrawal in order to
protect the consumer from any risk that may have been
identified or suspected for products already available
to the consumer;
( d ) do all such things as may be necessary to ensure that
international obligations entered into by the
Government on all matters relating to food are
FOOD SAFETY g CAP. 449.  7
complied with;
( e ) formulate and implement policies and strategies with
short-term and long-term objectives, in relation to all
matters relating to food, including the development of
a national surveillance and enforcement plan for food
safety and to ensure the effective, transparent and
comprehensive implementation of such plan;
( f ) give advice to the Minister on any matter relating to
food safety either at the request of the Minister or,
when it deems it appropriate, without such a request;
( g ) carry out studies, research or investigations on any
matter relating to food and for such purpose shall
require the submission of any information and shall
analyse and interpret any data or information
submitted to it;
( h ) ensure that proper records and registers are kept to
ensure that the persons responsible for any food
product may be identified;
( i ) issue such guidelines as may be necessary in relation
to food safety;
( j ) consider and keep under review the efficacy of food
safety practices being adopted from time to time and
make a report thereon at least annually to the Minister;
( k ) carry out such other functions as the Minister may
prescribe by regulations; and
( l ) carry out such other duties as may be conducive to the
better performance of its functions under this Act.
(2) The functions of the Commission shall be vested in:
( a ) in relation to food hygiene and matters concerning
public health, the public officer referred to in article
5(1)( b );
( b ) in relation to veterinary matters and to food of animal
origin, the public officer referred to in article 5(1)( c );
( c ) in relation to risk assessment in food, the officer
referred to in article 5(1)( d );
( d ) in relation to matters concerning consumer protection,
the public officer referred to in article 5(1)( e );
( e ) in relation to nutrition and matters concerning health
promotion, the public officer referred to in article
5(1)( f );
( f ) in relation to genetically modified organisms, novel
foods and to environmental matters, the public officer
referred to in article 5(1)( g ); and 
( g ) in relation to phytosanitary measures and to matters
relating to food of plant origin, the public officer
referred to in article 5(1)( h ).
(3) For the purposes of this Part, ''food'' includes:
8 g CAP. 449. FOOD SAFETY
( a ) any substance used, available to be used, or intended
to be used for food or drink by humans;
( b ) any substance used, available to be used, or intended
to be used for food or drink by animals or for food or
irrigation of plants that are wholly or partially
intended for human consumption; and
( c ) any substance which enters into or is used in the
production, composition or preparation of the
substances referred to in paragraphs ( a ) and ( b ).
Power to publish 
warnings and 
information.
8. (1) The Commission may make or issue public statements
identifying and giving warnings or information about any of the
following:
( a ) food or food sources that are injurious to health or
unfit for human consumption;
( b ) the supply of food or food sources, by whomsoever
supplied, which are or which may potentially cause
injury to health or which are unfit for human
consumption, and the persons engaged in the supply of
such food or food sources;
( c ) practices, conducted in relation to any food business,
which are detrimental to the interests of consumers,
and, or the persons who engage in such practices;
( d ) any other matter that adversely affects or may
adversely affect the health of consumers in connection
with the acquisition or use of food or food sources.
(2) When making a statement as is referred to in subarticle (1),
the Commission shall adhere to the principles of consistency,
fairness and objectivity, and shall not make such a statement unless
it is in the public interest to do so.
(3) The Government, the Commission and any public officer
acting on the instructions or authority of the Commission, shall not
be or become liable for any acts done in good faith under subarticle
(1); such exemption from liability shall extend to all persons
publishing, printing, recording, broadcasting, communicating or
reproducing such information in any form whatsoever.
Conduct of 
business of 
Commission.
Cap. 427.
9. (1) For the purposes of article 27(2)( d ) of the Product
Safety Act, the Director of the Market Surveillance Directorate
shall periodically advise, supervise and audit the functions of the
Commission.
(2) Where under any other law, a person or authority is
empowered to take any measure or action which relates to food
safety, such person or authority shall, on taking such measure or
action, immediately inform the Commission thereon.
(3) The Minister may make, amend or revoke regulations for
the proper conduct of the business of the Commission.
FOOD SAFETY g CAP. 449.  9
P A R T  III
Regulations
Power of Minister 
to make 
regulations.
10. (1) The Minister may make regulations -
( a ) regarding the importation, exportation, preparation,
composition, advertising, sale, disposal and, or
destruction of food and prescribing standards of
minimum permissible quality, composition or other
property of such food and without prejudice to the
generality of the aforesaid, such regulations may in
particular -
(i) require, prohibit or regulate the addition of any
specified additive or substance, a combination
of additives or substances, or any substance or
additive of any specified class, to any food
intended for human consumption or to any class
of such food, or the use of such substance as an
ingredient in the preparation of such food;
(ii) require, prohibit or regulate the use of any
materials or any process or treatment in the
preparation of any food intended for sale for
human consumption, or of any class of such food
including in the storage of food or in food
sources; 
(iii) prohibit or regulate the sale, possession for sale,
or offering, exposing or advertising for sale, of
any specific substance, or of any substance of
any specific class, with a view to its use in the
preparation of any food intended for human
consumption, and the possession of any such
substance for use in the preparation of food
intended for sale for human consumption;
(iv) impose requirements or prohibitions as to, and
otherwise regulate, the labelling, stamping,
marking, presenting or advertising of any food
intended for sale for human consumption, and
the descriptions which may be applied to any
such food; and may in any regulations under this
paragraph require that such labels be in Maltese
and, or, in English;
(v) prohibit or regulate the sale, possession for sale,
offer, exposure or advertisement for sale,
importation, consignment, or delivery, or
exportation, of any food intended for human
consumption which does not comply with any
regulations made under this article, or in relation
to which an offence has been committed against
any of the said regulations;
(vi) prohibit or impose requirements as to, or
otherwise regulate the sources of supply of water
used in the preparation, processing, alteration or
sale of food for human use or consumption,
10 g CAP. 449. FOOD SAFETY
whether or not for drinking purposes;
(vii) prescribe standards of hygiene in connection
with food, utensils, equipment and any other
article used for the manufacture, preparation,
preservation, packaging, storing, handling,
transportation, distribution, disposal,
destruction, and testing of food;
(viii) empower the health authority to require any
person who carries on a business which includes
the production, importation, exportation, use or
distribution of any substance used in the process,
preparation or production of any food intended
for human consumption, to furnish to the health
authority such particulars as may be specified in
any such regulations regarding the composition
and use of any such substance;
( b ) for securing the observance of hygienic and sanitary
conditions and practices in connection with the
carrying out of commercial operations with respect to
food or food source and without prejudice to the
generality of the aforesaid, such regulations may in
particular -
(i) impose requirements as to the construction,
layout, drainage, equipment, maintenance,
cleanliness, ventilation, lighting, water supply
and use of premises in, at or from which food
intended for human consumption is produced or
sold, or is offered, exposed, stored or prepared
for sale, including any parts of such premises in
which apparatus or utensils are cleansed, or in
which refuse is disposed of or stored;
(ii) impose requirements as to the provision,
maintenance and cleanliness of sanitary and
washing facilities in connection with such
premises, the disposal of refuse and the
maintenance and cleanliness of apparatus,
equipment, furnishings and utensils used in such
premises;
(iii) prohibit or regulate the sale or importation of
apparatus or utensils designed for use in the
preparation of food intended for human
consumption and containing any specific
material or material of any specific class;
(iv) control or otherwise regulate the use of
containers, and the packaging or wrapping of
any food intended for sale for human
consumption or of any ingredients thereof;
(v) impose requirements as to the clothing which is
to be worn by persons in any such premises;
(vi) prescribe the precautions to be taken for
protecting food against infection or
contamination;
FOOD SAFETY g CAP. 449.  11
(vii) regulate generally the treatment and disposal of
any food unfit for human consumption;
( c ) require the observance of hygienic conditions with
respect to contact materials which are intended to
come into contact with food for human consumption;
( d ) impose requirements or prohibitions as to, or
otherwise regulating, the labelling, marking or
advertising of materials referred to in paragraph ( c ),
and the descriptions which may be applied to them; 
( e ) otherwise to prohibit or regulate the carrying out of
commercial operations with respect to materials
referred to in paragraph ( c );
( f ) prohibit or regulate the carrying out of commercial
operations with respect to novel foods and novel food
ingredients, or food sources from which such foods are
intended to be derived, of any class as may be
specified in the regulations; 
( g ) prohibit or regulate the carrying out of such operations
with respect to genetically modified or irradiated
foods, or foods derived from such food sources, of any
class as may be specified; or
( h ) exclude, in each case, from the prohibition of
importation or exportation of any food or food source
which is of a description specified by or under the
regulations and, in the case of a prohibition on
importation, is imported or exported for use at such
place as may be authorised;
( i ) generally regulate food, food sources or contact
materials, including the prohibition or regulation of
the carrying out of commercial operations with respect
to food, food sources or contact materials, as may
appear to him to be expedient or necessary in order to
conform with any international agreement which
applies to Malta
( j ) subject to the provisions of subarticle (5), provide for
the requirement of the registration or the holding of a
licence in connection with any food premises, food
businesses or person engaged in any food business or
who is responsible for any food premises;
( k ) provide for the appointment of official laboratories for
the purposes of this Act;
( l ) regulate the matters to be taken into account in
determining whether, and at what times, samples
should be procured;
( m ) regulate the manner of procuring samples, including
the steps to be taken to ensure that the samples
procured are fair and adequate samples;
( n ) regulate the method of dealing with samples,
including, where appropriate, their division into parts;
12 g CAP. 449. FOOD SAFETY
( o ) regulate the persons to whom the samples or parts of
the samples are to be delivered and the persons by
whom they are to be retained;
( p ) regulate the methods which are to be used in the
analysis or examination of samples, or in the
classification and evaluation of the results of such
analyses or examinations; and
( q ) make provision for giving effect to any international
obligation or agreement to which Malta may be a
party.
(2) Any particulars or other information obtained by the health
authority pursuant to any regulations made under subarticle
(1)( a )(viii) shall not be disclosed except as may be necessary for
the purposes of any regulations made under subarticle (1)( a )(i), (ii),
(iii) or (v) or for the purposes of any proceedings for any offence. 
(3) The conditions and requirement imposed on premises, by
regulations made under subarticle (1)( b ), may be extended to apply
to seacraft, stalls and other places, as may be prescribed in such
regulations.
(4) For the purposes of this subarticle (1)( f ), ( g ) and ( h ), a food
source shall be considered to be genetically modified if any of the
genes or other genetic material in the food source -
( a ) has been modified by means of an artificial technique;
or
( b ) is inherited or otherwise derived, through any number
or replications, from genetic material which was so
modified; or
( c ) has been modified by any other means as the Minister
may prescribe.
(5) Regulations made under subarticle (1)( j ) may provide for
the suspension or cancellation of any registration, either wholly or
in respect of a part of the business for which the registration is
applied for or is held, or for the refusal, suspension or cancellation
of any licence or licence application provided for under this Act -
( a ) where the requirements of regulations made under this
article are not complied with in relation to that
business, or
( b ) where the premises, vehicle, stall or other place, or any
part thereof, are otherwise unsuitable, having regard to
considerations of hygiene and in particular to the
situation, construction or condition of such premises,
vehicle, stall or other place, or to any activities carried
on therein, for the purpose or purposes specified in the
relative application, or for which they are actually
used, as the case may be.
(6) Any person who contravenes any of the provisions of any
regulation made under subarticle (1) shall be guilty of an offence.
(7) Where under any other law a power is conferred on a
Minister to make regulations in relation to food, such power is
FOOD SAFETY g CAP. 449.  13
exercisable subject to consultation with the Minister.
P A R T  IV
General Provisions
Registration of Food Premises, etc.
Registration of 
premises, etc.
11. (1) No person shall engage in any food business unless
such person, the food business and the food premises to be used for
that purpose are registered with and, where required by or under
this Act, licensed by the health authority.
(2) No food premises which are registered for use or, where
required by or under this Act, licensed for the purposes of, any food
business, shall be otherwise used than for the purpose for which
they are registered or licensed, and in accordance with any terms or
conditions to such licence, and in accordance with any regulation
applicable thereto.
(3) Any person who acts in contravention of subarticles (1) or
(2) shall be guilty of an offence against this article.
Food Safety
Rendering food 
injurious to health.
12. (1) Any person who, in carrying out any food business,
knowingly renders any food intended to be sold for human
consumption injurious to health by any means whatsoever shall be
guilty of an offence against this article.
(2) For the purposes of this article, whether any food is
injurious to health shall be determined by assessing not only the
probable effect of that food on the health of a person consuming it,
but also the probable cumulative effect of food of substantially the
same composition on the health of a person consuming it in
ordinary quantities.
Monitoring the 
safety of food.
13. (1) Any person engaged in any food business shall
monitor the safety of all food within his control, and when he
knows, or has reasonable cause to suspect that any food, food
source or contact material may cause injury to health he shall
immediately, or as soon as practicable, inform the health authority
and take any other action as the Minister may by regulation
prescribe.
(2) Any person who fails to comply with the provisions of
subarticle (1) shall be guilty of an offence against this article.
Food which fails to 
comply with safety 
requirements.
14. (1) Any person who -
( a ) sells, offers, exposes or advertises for sale or has in his
possession for sale or for preparation for sale for
human consumption;
( b ) deposits with, or consigns to, any other person for the
purpose of sale or preparation for sale for human
consumption;
( c ) supplies by way of compensation or otherwise or
conveys from one place to another for human
consumption;
14 g CAP. 449. FOOD SAFETY
( d ) offers as a prize or reward, or gives away to be so
offered,
any food which fails to comply with food safety requirements, shall
be guilty of an offence against this article.
(2) For the purposes of this article, food shall be considered as
having failed to comply with food safety requirements in the cases
where -
( a ) it has been rendered injurious to health by any means
whatsoever; or
( b ) it is unfit for human consumption; or
( c ) it is so contaminated, whether by extraneous matter or
otherwise, that it would not be reasonable to expect it
to be used for human consumption in that state; or
( d ) it has been prepared, stored, kept, processed,
deposited, transported, offered or exposed for sale, or
otherwise dealt with under insanitary or unhygienic
conditions; or
( e ) it contains additives or such quantities or combinations
of additives which have been prohibited by regulations
made under this Act,
and references to such requirements or to food complying with such
requirements shall be construed accordingly.
(3) Where any food fails to comply with food safety
requirements is part of a batch, lot or consignment of food of the
same class, type or description, it shall be presumed, until the
contrary is proved, that all of the food in that batch, lot or
consignment fails to comply with those requirements.
Personal hygiene 
of food handlers.
15. (1) Persons who, in the exercise of their functions, come
into contact, whether directly or indirectly, with the materials and
products referred to in article 25( b ) to ( f ) shall be subjected to the
hygiene inspection referred to in article 24( c ).
(2) The inspection referred to in subarticle (1) shall be carried
out for the purposes of checking that the health standards
concerning personal cleanliness and clothing are respected. This
inspection shall be without prejudice to any medical examinations
that may, from time to time, be required under this or any other
law.
Consumer Protection
Prohibition of sale 
of similar products.
16. (1) No person shall prepare or sell, package, store, offer,
expose, keep or advertise for sale for human consumption any
article of food equal or similar in appearance to any article of
common use for which it might be mistaken so as to cause or to
potentially cause risk of injury to health.
(2) Any person who acts in contravention of the provisions of
subarticle (1) shall be guilty of an offence against this article.
Selling food to the 
prejudice of the 
purchaser.
17. (1) No person shall sell, to the prejudice of the purchaser,
any food intended for human consumption which is not of the
nature, substance or quality of the food demanded by the purchaser.
FOOD SAFETY g CAP. 449.  15
(2) Any person who acts in contravention of the provisions of
subarticle (1) shall be guilty of an offence against this article.
(3) In any proceedings for an offence against this article, it
shall not be a defence for the accused to state that the purchaser
was not prejudiced because he had purchased the item for analysis
or for examination.
Labelling, etc. of 
food.
18. (1) Any person who gives with any food sold by him, or
displays with any food offered or exposed by him for sale or who
has in his possession for the purpose of sale, a label, whether or not
attached to or printed on the wrapper or container, and any person
who advertises or is party to an advertisement which in either case -
( a ) falsely describes the food; or
( b ) is likely to mislead as to the nature, substance or
quality of the food,
shall be guilty of an offence against this article:
Provided that, in any proceedings under this subarticle, it
shall be a defence to prove that the accused acted with reasonable
diligence, and did not know or could not ascertain that the
advertisement contravened this article.
(2) Any person who sells, or offers or exposes for sale, or has
in his possession for the purpose of sale, any food the presentation
of which is likely to mislead as to the nature, substance or quality
of the food, shall be guilty of an offence against this article.
(3) In any proceedings for an offence against any of the
provisions of this article, the fact that the label or advertisement in
respect of which the offence is alleged to have been committed
contained an accurate statement of the composition of the food
shall not preclude the court from finding that the offence was
committed.
(4) In this article the reference to ''sale'' shall be construed as a
reference to sale for human consumption.
Packaged food to 
be labelled.
19. (1) No person shall sell, or offer or expose or advertise for
sale, or have in his possession for the purpose of sale, any food in
an unopened container, unless such label as may be prescribed is
attached or affixed to, or included in, the container.
(2) Any person who acts in contravention of the provisions of
subarticle (1) shall be guilty of an offence against this article.
Information and documentation
Supply of 
information.
20. The health authority may direct any person carrying on a
food business to furnish it, within a time period specified in the
direction, such verifiable information, as may be specified in the
direction, including information on such matters as may be
specified from time to time by regulations, in relation to any food
or food source in relation to which the person carries on business
and any person failing to comply with such a requirement shall be
guilty of an offence against this article. 
Documents, etc., to 
be in writing.
21. (1) Any document which is required or authorised by or
under this Act to be given or served on any person, may, in any
16 g CAP. 449. FOOD SAFETY
case for which no other provision is made in this Act, be given or
served either-
( a ) by delivering it to that person; or
( b ) in the case of an officer of the health authority by
leaving it or sending by post addressed to him, at his
office; or
( c ) in the case of a company or other commercial
partnership or other corporate body, by delivering it to
an employee of such company, commercial partnership
or corporate body at the registered or principal office
of such company, commercial partnership or corporate
body, or by sending it by post addressed to him at that
office; or
( d ) in the case of any other person, by leaving it or
sending it by post addressed to him at his usual or last
known residence.
(2) Where the document is to be given or served on the owner
or the occupier of any premises and it is not possible, after
reasonable enquiry, to ascertain the name and address of the person
to or on whom it should be given or served, or if the premises are
unoccupied, the document shall be deemed to have been properly
served if it is affixed on a conspicuous place on the premises and
notice of such affixture is published in at least one daily
newspaper.
Enforcement
Prohibition to 
employ persons 
with certain 
infections.
22. (1) No person shall be employed or work in, or in
connection with, the preparation or the handling of any food
intended for sale for human consumption if the employer is aware
that such person is, or, as the case may be, if such person is himself
aware that he is, suffering from, or is the carrier of, typhoid fever,
paratyphoid fever or any other salmonella infection or dysentery,
staphylococcal infection, and any other infection likely to cause
food poisoning, or any other disease which the Minister may, by
order, declare to be a disease to which this article applies.
(2) An order made under subarticle (1) may be revoked, varied
or substituted by a subsequent order and may apply to any food, or
any class of food, or any particular food, intended for sale for
human consumption.
Prohibition of the 
importation of 
certain foods. 
23. No person shall import into Malta any food, intended for
sale or for preparation for sale, for human consumption which -
( a ) has been rendered injurious to health by any means
whatsoever;
( b ) if sold in Malta, would constitute a violation of the
provisions of this Act or of any regulations made
thereunder;
( c ) is unsound or unwholesome or otherwise unfit for
human consumption; 
( d ) in the preparation of which, any such food as is
described in paragraph ( c ) has been used.
FOOD SAFETY g CAP. 449.  17
Food control.
shall comprise one or more of the following operations: 
( a ) inspection of food premises;
( b ) sampling and analysis of food and, or food sources;
( c ) inspection of staff hygiene and qualifications;
( d ) examination of written and documentary material; and 
( e ) examination of any verification systems set up by the
food business and of the results obtained through such
verification systems.
Subject of 
inspections.
25. The following may be subject to inspection by an
authorised officer in the enforcement and execution of this Act:
( a ) the state and use which is made, at the different stages,
of the site, premises, offices, business premises and
their surroundings, machinery and equipment;
( b ) raw materials, ingredients, technological aids and
other products used for the preparation and production
of foodstuffs;
( c ) semi-finished goods;
( d ) finished goods;
( e ) materials and articles intended to come into contact
with foodstuffs;
( f ) cleaning and maintenance products and processes, and
pesticides;
( g ) processes used for the manufacture or processing of
foodstuffs;
( h ) labelling and presentation of foodstuffs; and
( i ) preserving methods; and
( j ) such other matters as may be prescribed by
regulations.
Inspections.
( a ) regularly and, or, whenever there exists a suspicion of
non-compliance with any of the provisions of this Act
or of any regulations made thereunder; and
( b ) by using means proportionate to the end to be
achieved,
and shall cover all stages of production, manufacture, importation,
processing, storage, transport, distribution, trade, disposal and
destruction of food.
(2) The authorised officer shall in each case, decide the stage
or stages which he considers the most appropriate for its
examination from those listed in subarticle (1).
(3) The authorised officer may be assisted by any other person
whom he considers necessary.
18 g CAP. 449. FOOD SAFETY
Prohibition to 
publish official 
statements without 
written permission.
27. Except with the written permission of the Commission or
the health authority, as the case may be, no person may publish or
cause to be published in any form, a statement intended to, or
which may, promote the supply or use of food, food goods, or
services relating to food by implying that the Commission or the
health authority, as the case may be, approves or otherwise such
use.
Authorised 
officers.
28. (1) Every person appointed to carry out the function of
authorised officer in accordance with this Act, shall declare and
confirm that he is not, directly or indirectly engaged in any food
business.
(2) An authorised officer may inspect any food intended for
human consumption, or which he may reasonably believe to be so
intended, which -
( a ) has been sold or is offered or exposed for sale; or
( b ) is, or has been in the possession of, or has been
deposited with or consigned to, any person for the
purpose of sale or of preparation for sale; or
( c ) is in the course of delivery before or after sale for
human consumption, including where this is present in
any vehicle,
and the provisions of article 31 shall apply where, on such
inspection, it appears to the authorised officer that any food fails to
comply with food safety requirements.
(3) An authorised officer may -
( a ) examine any article to which this Act or any
regulations made thereunder apply and take, on
payment of the current market value, if so required,
samples for analysis or for bacteriological or other
examination; and
( b ) seize and remove any such article in relation to which
reasonable ground for suspicion exists that any
provisions of this Act or of any regulations made
thereunder are being or have been contravened.
(4) In subarticle (3), the expression "any article" includes -
( a ) any food, or any substance capable of being used in the
composition or preparation of any food;
( b ) any thing used or capable of being used for the
manufacture, preparation, preservation, packing or
storage thereof, including contact material; and
( c ) any labelling or advertising material:
Provided that the taking of any article under subarticle
(3)( a ) shall, for the purpose of this Act or of any regulations made
thereunder, be deemed to be a sale of that article.
Power of entry, 
search and seizure.
29. (1) Any authorised officer shall, on producing, if so
required, some duly authenticated document showing his authority,
have a right at any reasonable time to -
( a ) enter any food premises for the purpose of ascertaining
FOOD SAFETY g CAP. 449.  19
whether there is or has been or there is likely to be any
contravention against any of the provisions of this Act,
or of regulations made thereunder;
( b ) enter any business premises for the purpose of
ascertaining whether there is on the premises any
evidence of any contravention against any of the
provisions of this Act;
( c ) carry out any inspections under this Act;
( d ) inspect any records, in whatever form they are held,
relating to a food business and, where any such records
are kept by means of computer-
(i) may have access to, and inspect and check the
operation of any computer, any associated
apparatus or material which is or has been in use
in connection with the records; and
(ii) may require any person having charge of, or
otherwise concerned with the operation of, the
computer, apparatus or material to afford him
such assistance as he may reasonably require;
( e ) seize and detain 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
( f ) where the records are kept by means of a computer,
require the records to be produced in a form in which
they may be taken away.
(2) Any person who, having entered any premises by virtue of
this article, discloses to any other person any information obtained
by him in the premises with regard to any trade secret shall, unless
the disclosure was made in the performance of his duty, be guilty of
an offence.
(3) Admission, for the purpose of subarticle (1), to any
premises used only as a private dwelling house may only be had if
authorised by a warrant signed by a magistrate or by the Attorney
General.
(4) Every warrant so granted shall continue in force for a
period not exceeding one month.
Inspection of 
vehicles, etc.
30. An authorised officer who has reason to believe that any
vehicle or container contains any food which is intended for sale
for human consumption, or which is in the course of delivery after
sale for human consumption, may examine the contents of the
vehicle or container, and, for that purpose, he may, if necessary,
detain the vehicle or container.
Duties of 
authorised officers.
31 . (1) If it appears to any authorised officer, upon an
inspection or otherwise, that any food is unfit for human
consumption, or is likely to cause injury, food poisoning or any
disease communicable to human beings, the authorised officer may
either -
( a ) give notice to the licensee, manager or any other
20 g CAP. 449. FOOD SAFETY
person in charge of the food premises at the time, that
until the notice is withdrawn, the food or any specified
portion of it -
(i) is not to be used for human consumption; and
(ii) is not to be removed or is not to be removed
except to some place specified in the notice; and,
or
(iii) is not to be sold or destroyed or otherwise dealt
with, whether or not removed for those
purposes; or
( b ) may seize the food, or any sample thereof to be
produced as evidence before any court; or
( c ) where not required to be produced as evidence as
aforesaid, with the consent and at the expense of the
responsible person, may destroy the food.
(2)  Any person who knowingly contravenes the requirements
of a notice given under subarticle (1) shall be guilty of an offence.
(3) Where the authorised officer exercises the powers granted
under subarticle (1), he shall, within a reasonable time, determine
whether or not such food satisfies food safety requirements, and -
( a ) if   such food is deemed to be fit for human
consumption, he shall forthwith withdraw the notice,
and allow the release of the food from the place where
it is stored under the terms of the notice; or
( b ) if such food is deemed to be unfit for human
consumption, he shall seize the food, or a sample
thereof, in order to produce the same as evidence
before any court.
(4) Where an authorised officer exercises the powers conferred
to him by subarticle (1) or (3), he shall inform the person in charge
of the food of his intention to have it dealt with by the court, and he
shall give the reasons therefor, and any person who, under
subarticle (1) or (3), may be liable to be prosecuted in respect of the
food shall be entitled to be heard and to call witnesses.
(5) If it appears to the court, on the basis of such evidence as
may be considered appropriate in the circumstances, that any food
falling to be dealt with by it under this article, fails to comply with
food safety requirements, it shall condemn the food and order the
food to be destroyed or to be so disposed of so as to prevent it from
being used for human consumption.
(6) The court shall also, upon an application by the health
authority, order the person found guilty of an offence to pay the
health authority the costs incurred by it for the prosecution in
connection with the offence, including any inspection which led to
such prosecution and any examination pursuant to such inspection.
Hindrance or 
obstruction.
32. (1) A person who -
( a ) intentionally obstructs or causes the obstruction of any
person acting in the performance of his duties under
this Act; or
FOOD SAFETY g CAP. 449.  21
( b ) without reasonable cause, fails to give any person
acting in the performance of his duties under this Act,
such assistance or information which he is required to
give by or under this Act,
shall be guilty of an offence against this article.
(2) Any person who, in the purported compliance with any
provision of this Act -
( a ) furnishes information which he knows to be false or
misleading in a material particular; or
( b ) recklessly furnishes information which is false or
misleading in a material particular;
shall be guilty of an offence against this article.
(3) Nothing in subarticle (2) shall be construed as requiring
any person to answer any question or give any information if, by so
doing, he may incriminate himself.
Notices and Orders
Improvement 
notice.
33. (1) If an authorised officer has reasonable grounds to
believe that the person responsible for a food business or food
premises is failing to comply with any regulations to which this
article applies, he may, by a written notice, hereinafter in this Act
referred to as an ''improvement notice'', served on that person -
( a ) state the officer’s grounds for believing that the person
is failing to comply with the regulations;
( b ) specify the matters which constitute the person’s
failure to comply;
( c ) specify the measures which, in the officer’s opinion,
the person must take in order to secure compliance;
and
( d ) require the person to take those measures, or measures
which are at least similar to them, within such period
as may be specified in the improvement notice.
(2) Any person who fails to comply with an improvement
notice shall be guilty of an offence against this article.
(3) The provisions of this article shall apply to any regulations
which may be made under this Act for the purpose of -
( a ) requiring, prohibiting or regulating the use of any
process or treatment in the preparation of food; or
( b ) securing the observance of hygiene conditions and
practices in connection with the carrying out of
commercial operations with respect to food or food
sources; or 
( c ) providing for the protection of the consumer, the
quality of food or the provision of public information
about food, food products or the use to which such
food or food products may be put.
22 g CAP. 449. FOOD SAFETY
Court may impose 
appropriate 
prohibition.
34. (1) If the person responsible for a food business is
convicted for an offence against any regulations to which this
article applies, and if the court by which the person responsible is
convicted, is satisfied that there exists a health risk condition with
respect to that business, the court may by an order, impose the
appropriate prohibition referred to in subarticle (3).
(2) In assessing whether a health risk condition exists with
respect to any food business, the court shall examine if any of the
following involve risk of injury to health, namely -
( a ) the use, for the purposes of the business, of any
process or treatment;
( b ) the construction of any premises used for the purposes
of the business, or the use, for those purposes, of any
equipment; 
( c ) the state or condition of any premises or equipment
used for the purposes of the business; and
( d ) the conduct or practice of any persons engaged there.
(3) The appropriate prohibitions which may be imposed are:
( a ) in a case falling within subarticle (2)( a ), a prohibition
on the use of the process or treatment for the purpose
of the business;
( b ) in a case falling within subarticle (2)( b ), a prohibition
on the use of the premises or equipment for the
purposes of the business or any other food business of
the same class or description; 
( c ) in a case falling within subarticle (2)( c ), a prohibition
on the use of the premises or equipment for the
purposes of any food business;
( d ) in a case falling within subarticle (2)( d ), a prohibition
on the conduct or practice in question.
(4) If the person responsible for a food business is convicted of
an offence against any regulations as is referred to in article
33(3)( b ), and the court by which the responsible person is
convicted deems it proper so to do in the circumstances of the case,
the court may, by an order, impose a prohibition on the responsible
person from participating in the management of any food business,
or any food business of a class, type or description, as may be
stated in the order, for whatever period as may be specified in the
order, such period not being less than six months.
(5) Upon the making an order under subarticle (1) or (4),
hereinafter in this Act referred to as a "prohibition order", the
health authority shall, as soon as is practicable, -
( a ) serve a copy of the prohibition order on the
responsible person of the business; and
( b ) in the case of an order under subarticle (1), affix a
copy of the prohibition order in a conspicuous place on
such premises used for the purposes of the business, as
it may consider appropriate, 
FOOD SAFETY g CAP. 449.  23
and any person who knowingly contravenes any such order shall be
guilty of an offence against this article.
(6) A prohibition order shall cease to have effect -
( a ) in the case of an order given under subarticle (1), on
the issue, by the health authority, of a certificate to the
effect that it is satisfied that the responsible person has
taken sufficient measures to secure that the health risk
condition no longer exists with respect to the business;
and
( b ) in the case of an order given under subarticle (4), on
the giving by the court of a direction to that effect. 
(7) The health authority shall issue a certificate under
subarticle (6)( a ) within three working days of its being satisfied
that the measures therein mentioned have been taken; and on an
application by the responsible person for such a certificate, the
health authority shall - 
( a ) determine, as soon as is reasonably practicable and in
any event not later than fourteen days after such
application, whether or not it is so satisfied; and
( b ) if it determines that it is not so satisfied, give notice to
the responsible person of the reasons for that
determination.
(8) The court shall give a direction under subarticle (6)( b ) if,
on an application by the responsible person, the court deems it
proper so to do having regard to all the circumstances of the case,
including in particular the conduct of the responsible person since
the making of the order, but no such application shall be
entertained if it is made -
( a ) before the lapse of six months from the making of the
prohibition order; or
( b ) within three months after the making by the
responsible person of a previous application for such a
direction.
(9) Any person who fails to comply with a prohibition order
shall be guilty of an offence against this article.
(10) The provisions of subarticle (4) shall apply in relation to
the manager of a food business as they apply in relation to the
responsible person of such business; and any reference in subarticle
(5) or (8) to the responsible person of the business, or to the
responsible person, shall be construed accordingly; for the
purposes of this subarticle, "manager", in relation to a food
business, shall mean any person who is entrusted by the responsible
person with the day-to-day running of the business, or any part
thereof.
Publication of a 
copy of a 
prohibition order.
35. (1) The health authority may publish or cause to be
published a copy of the order given under article 34(4) in the local
media in both the Maltese and English languages.
(2) When making a decision under subarticle (1) the health
authority shall adhere to the principles of fairness and objectivity.
24 g CAP. 449. FOOD SAFETY
(3) The Government, the health authority and any public
officer acting on the instructions or authority of the health authority
shall not be or become liable for any acts done in good faith under
subarticle (1); the exemption from liability shall extend to all
persons publishing, printing, recording, broadcasting,
communicating or reproducing such information in any form.
Emergency 
prohibition orders.
36. (1) Where the health authority is satisfied that a health
risk condition exists with respect to any food business, it may, by
order served on the responsible person of the business, hereinafter
in this Act referred to as an ''emergency prohibition order'', impose
the appropriate prohibition in accordance with this article.
(2) Any person who fails to comply with an emergency
prohibition order shall be guilty of an offence against this article.
(3) The provisions of article 34(2) and (3) shall,  mutatis
mutandis , apply with regard to emergency prohibition orders under
this article as if reference to the court in such subarticles were a
reference to the health authority, and as if the reference in article
34(2) to risk of injury were a reference to imminent risk of injury.
(4) The provisions of article 34(10) shall,  mutatis   mutandis ,
apply with respect to an emergency prohibition order.
(5) As soon as is practicable, after the making of an emergency
prohibition order, the health authority shall -
( a ) serve a copy of the order on the responsible person of
the business; and
( b ) affix a copy of the order in a conspicuous place on the
premises used for the purposes of that business as it
may consider appropriate,
and any person who knowingly contravenes such an order or in any
way defaces, erases, obscures, damages or removes the said copy of
the order, shall be guilty of an offence against this article.
(6) An emergency prohibition order shall cease to have effect
on the issue by the health authority of a certificate to the effect that
it is satisfied that the responsible person has taken sufficient
measures to secure that the health risk no longer exists with respect
to the business.
(7) The health authority shall issue a certificate under
subarticle (6) within three days of its being satisfied that the
measures therein mentioned have been taken; and on an application
by the responsible person for such a certificate, the health authority
shall -
( a ) determine, as soon as is reasonably practicable and in
any event not later than ten days after such application,
whether or not it is so satisfied; and
( b ) if it determines that it is not so satisfied, give notice to
the responsible person of the reasons for that
determination.
(8) ( a ) Any person who feels himself aggrieved by any
emergency prohibition order made on him may, within
fifteen days from the making of the order, by
FOOD SAFETY g CAP. 449.  25
application served on the health authority, appeal
against it to the First Hall of the Civil Court and, if the
court, after appointing the application for hearing and
after examining such evidence as may be produced by
the parties, is -
(i) satisfied that the imminent risk to health exists
in accordance with the provisions of article
34(2), the court shall dismiss the appeal and
confirm the order,
(ii) not satisfied that the imminent risk to health
exists in accordance with the provisions of
article 34(2), it may order the health authority to
pay to the person making the application a
reasonable amount as compensation for any loss
suffered by reason of his complying with the
order.
( b ) The health authority shall file a reply to such
application within such time, not being less than
twenty-four hours, as the court may determine. 
Failure to abide by 
emergency 
prohibition order.
37. (1) If any steps or other action in pursuance of article
34(2) as made applicable by article 36(3), to be taken as a result of
an emergency prohibition order, have not been taken within the
time specified therein, the health authority may enter the premises
to which the emergency prohibition order relates and take such
steps, including the closure of the premises or other action as may
be required in the circumstances.
Cap. 319.
(2) Saving the provisions of Chapter IV of the Constitution or
of the European Convention Act, notwithstanding the provisions of
any other law, no precautionary warrant or other order shall be
issued or made by any court restraining the health authority from
the exercise of any of the powers conferred upon it by article 36
and by subarticle (1) of this article.
(3) All expenses reasonably incurred by the health authority to
carry out an emergency prohibition order under article 36 in
pursuance of subarticle (1) of this article shall be recoverable as a
civil debt by the health authority from the responsible person of the
business to which the emergency prohibition order relates.
Emergency control 
order.
38. (1) If it appears to the health authority that the carrying
out of commercial operations with respect to food, food sources or
contact materials of any class or description involves, or may
involve an imminent risk of injury to health, it may, by an order
referred to as an ''emergency control order'', and subject to any
condition it may deem fit to impose, prohibit the carrying out of
such operations with respect to food, food sources or contact
materials of that class or description.
(2) Any person who knowingly contravenes an emergency
control order shall be guilty of an offence against this article.
(3) The health authority may in writing consent either
unconditionally or subject to any condition or conditions that it
may consider appropriate, to the doing, in such case as may be
26 g CAP. 449. FOOD SAFETY
specified in the consent, of anything which has otherwise been
prohibited by an emergency control order.
(4) It shall be a defence for a person charged with an offence
against subarticle (2) to show that consent had been given for the
doing of the act charged under subarticle (3), and that any condition
subject to which the consent was given was complied with.
(5) The health authority may -
( a ) give directions as appear to it necessary or expedient
for the purpose of preventing the carrying out of
commercial operations with respect to any food, food
source or contact materials which it believes, on
reasonable grounds, to be food, food sources or
contact materials to which an emergency control order
applies; and
( b ) do anything which appears to it to be necessary or
expedient for that purpose.
(6) Any person who knowingly fails to comply with a direction
under this article shall be guilty of an offence.
(7) The court shall also, upon an application by the health
authority, order the person found guilty of an offence to pay the
health authority the costs incurred by it for the prosecution in
connection with the offence, including any inspection which led to
such prosecution and any examination pursuant to such inspection.
Undertakings. 39. (1) When it appears to the health authority that any person
engaged in any food business has engaged in any conduct that
constitutes an offence against articles 11 to 14 and articles 16 to 19,
the health authority may, at its discretion, instead of causing
proceedings to be instituted against that person, caution that person
in writing, and seek an undertaking in writing from that person that
he shall refrain from the conduct specified in the undertaking for
such period as may be agreed to by the parties concerned, and,
without prejudice to subarticle (3), upon the making of such
undertaking no further proceedings may be instituted with respect
to such offence.
(2) The health authority shall maintain a register of
undertakings made under subarticle (1), which register shall be
kept at an office specified by the health authority, and shall be
available for viewing by any person at such times as may be
established by the health authority.
(3) Any person who acts in contravention of an undertaking
made in accordance with subarticle (1) shall be guilty of an offence
against this article.
Defences
Commission of an 
offence by default 
of another person.
40. Where the facts which, subject to the provisions of article
41, would constitute the commission, by any person, of an offence
against any of the preceding provisions of this Part or of any
regulations issued in virtue of article 10, are due to an act or default
of some other person, that other person shall be guilty of the
offence; and a person may be charged with and convicted of the
FOOD SAFETY g CAP. 449.  27
offence by virtue of this article whether or not proceedings are
taken against the first mentioned person.
Due diligence.
proceedings for an offence against any of the preceding provisions
of this Part or of any regulations issued in virtue of article 10, it
shall be a defence for the person charged to prove that he took all
reasonable precautions and exercised all due diligence to avoid the
commission of the offence by himself or by a person under his
control.
(2) Without prejudice to the generality of subarticle (1), a
person charged with an offence against article 14, or 17, or 18
who-
( a ) has not prepared the food in respect of which the
offence is alleged to have been committed; or
( b ) has not imported it into Malta,
shall be taken to have established the defence provided by that
subarticle if he satisfies the requirements of subarticle (3).
(3) A person shall be deemed to satisfy the requirements of
this subarticle if he proves -
( a ) that the commission of the offence was due to an act or
default of another person who was not under his
control, or to reliance on information supplied by
another person;
( b ) that he carried out all necessary checks on the food in
question as were reasonable, in all the circumstances,
and that it was reasonable in the circumstances for him
to rely on checks carried out by the person who
supplied the food to him;
( c ) that the sale or intended sale of which the alleged
offence consisted was not a sale or intended sale under
his name or mark; and
( d ) that he did not know, and had no reason to suspect at
the time of the commission of the alleged offence that
his act or omission would amount to an offence against
the relevant provision.
(4) The person charged shall not, without the leave of the
court, be entitled to rely on the defence referred to in subarticle (3)
if the defence involves the allegation that the commission of the
offence was due to an act or default of another person, or to
reliance on information supplied by another person, unless, after
the reading of the charge in court and not later than twenty-four
hours thereafter, he files a notice in court to be served on the
prosecutor containing such information identifying or assisting in
the identification of that other person as was then in his possession.
(5) ( a ) In proceedings for an offence against any of the
preceding provisions of this Part, relating to the
advertisement for sale of any food, it shall be a defence
for the person charged to prove -
(i) that he is a person whose business it is to publish
28 g CAP. 449. FOOD SAFETY
or arrange for the publication of advertisements;
and
(ii) that he received the advertisement in the
ordinary course of business and that,
notwithstanding that he complied with any
guidelines made under paragraph ( b ), he did not
know and had no reason to suspect that its
publication would amount to an offence against
that provision.
( b ) The Minister may by regulations make provision for
the issue and supply of guidelines for persons engaged
in the business referred to in paragraph ( a ), and in
particular for the avoidance of the publication of
advertisements not in conformity with this Act.
P A R T  V
Legal proceedings
Initiation of 
criminal 
proceedings.
42. (1) Where there is reasonable cause to believe that any
person has contravened any of the provisions of this Act or of any
regulations made thereunder, the Police shall, on the report of the
health authority, institute criminal proceedings against the offender
before the competent court.
(2) In any criminal proceedings instituted by the Police for an
offence under this Act, the health authority or any officer, lawyer
or legal procurator deputed by the health authority may,
notwithstanding any law to the contrary, lay the charge before the
Court of Magistrates, produce evidence, plead and otherwise
conduct the prosecution instead of the Police.
(3) The sworn statement of any officer, lawyer or legal
procurator to the effect that he is deputed as provided in subarticle
(2) shall be conclusive evidence of the fact, should proof thereof be
required by the accused.
Offences and 
penalties.
43. (1) A person found guilty of an offence against article 31
shall be liable, on conviction, to a fine ( multa ) of not less than two
hundred liri and not exceeding one thousand liri or to imprisonment
for a term not exceeding six months or to both such fine and
imprisonment. 
(2) A person found guilty of a second or subsequent conviction
shall be liable, on conviction, to a fine ( multa ) of not less that one
thousand liri and not exceeding two thousand liri or to
imprisonment for a term of not less than one year and not
exceeding two years or to both such fine and imprisonment.
(3) A person found guilty of any other offence against this Act
shall be liable -
( a ) on conviction for a first offence to a fine ( multa ) of not
less than two hundred liri and not exceeding two
thousand liri or to imprisonment for a term not
exceeding two years or to both such fine and
imprisonment;
FOOD SAFETY g CAP. 449.  29
( b ) on conviction for a subsequent offence, to a fine
( multa ) of not less than five hundred liri and not
exceeding five thousand liri or to imprisonment for a
term not exceeding four years or to both such fine and
imprisonment.
Suspension or 
cancellation of 
licences.
44. Upon conviction for any offence, other than an offence
against the provisions of article 31, the court may order the
suspension or cancellation of any licence or licences issued in
respect of the person charged or the premises forming the subject of
the proceedings.
Offender to 
conform with laws 
and regulations.
45. Where a person is found guilty of an offence against this
Act, the court shall, where necessary, besides awarding
punishment, order the offender to abate any nuisance arising from
the offence or, if the circumstances so require, to comply with the
law, in either case within such time as shall be fixed by the court
for the purpose and, in the case of non-compliance with any such
order, the offender shall be liable to a further fine ( multa ) not
exceeding fifty liri for every day of non-compliance after the
expiration of the said time fixed as aforesaid.
Seizure of food in 
relation to court 
cases.
46. Where an offence against any of the provisions of this Act
or of any regulations made thereunder is proved to have been
committed, the court shall order the forfeiture and destruction of
the food to which the offence relates.
Payment of 
compensation as 
ordered by the 
court.
47. Where a person is charged with an offence against any of
the provisions of this Act but is not found guilty of such offence,
the court may, if it deems fit according to the circumstances of the
case, order the Government, as represented by the health authority,
to pay such person an amount fixed by the court as compensation
for any damage caused in the articles seized or in any part thereof,
by the examination or analysis referred to in article 10(1)( k ) to ( p ).
Accused may plead 
warranty.
48. (1) Subject to the provisions of this article, in any
proceedings for an offence against this Act or any regulations made
thereunder, being an offence consisting of selling, or offering,
exposing or advertising for sale, or having in one’s possession for
the purpose of sale, any article or substance, it shall be a defence
for the accused to prove that -
( a ) he purchased it as being an article or substance which
could lawfully be sold or otherwise dealt with as
aforesaid, or, as the case may be, could lawfully be so
sold or dealt with under the name or description or for
the purposes under or for which he sold or dealt with
it, and with a written warranty to that effect;
( b ) that he had no reason to believe, at the time of the
commission of the alleged offence, that it was
otherwise; and
( c ) it was, at the time of the commission of the alleged
offence, in the same state as when he purchased it.
(2) Where the accused in any such proceedings is an employee
or an agent of the person who purchased the article or substance
under a warranty, he shall be entitled to rely on the provisions of
30 g CAP. 449. FOOD SAFETY
this article in the same way as his employer or principal would have
been entitled to do if he had been the accused.
(3) Where the accused in any such proceedings has been
acquitted under the foregoing provisions of this article, new
proceedings may be taken against the person by whom the warranty
relied on by the accused in the original proceedings is alleged to
have been given.
(4) For the purposes of this article and article 49, a name or
description entered in an invoice shall be deemed to be a written
warranty that the article or substance to which the entry refers can
be sold or otherwise dealt with under that name or description.
Misleading 
warranty.
49. (1) An accused who, in any proceedings under this Act
wilfully applies to any article or substance a warranty given in
relation to any other article or substance shall be guilty of an
offence against this Act.
(2) A person who, in respect of any article or substance in
respect of which a warranty might be pleaded under the provisions
of article 48, gives to the purchaser a false warranty in writing,
shall be guilty of an offence against this Act, unless he proves that
he gave such warranty more than one year or such longer period in
respect of which the warranty was given before the facts otherwise
constituting the offence took place.
Prosecution 
officers may be 
called as witnesses.
50. (1) Any of the officers mentioned in article 42(2) may be
called as a witness at the request of the accused.
(2) Where, however, the evidence of such officer is required
by the Police, the said officer shall be heard before he assumes the
duties of prosecuting officer, unless the necessity of his evidence
arises at a later stage of the proceedings.
P A R T  VI
Miscellaneous
Voluntary 
surrender of food 
for destruction.
51. Where any food has been seized under the provisions of
this Act, and the owner thereof consents in writing to the
destruction of such food, the health authority may, after taking such
samples as may be required to prove the offence, direct that the said
food be destroyed, without prejudice to the taking of any
proceedings against the person responsible for the offence.
Savings.
Cap. 231.
52. (1) Any regulation or order made, or any licence granted,
under the provisions of the Food, Drugs and Drinking Water Act
prior to its repeal by this Act shall, in so far as they are not
inconsistent with the provisions of this Act, or of any regulations
made thereunder, continue in force and have effect as if they had
been made or granted under the relative provisions of this Act.
(2) Any legal proceedings instituted under the Food, Drugs
and Drinking Water Act prior to its repeal shall continue as if those
proceedings had been commenced under this Act.
