                  TOBACCO GROWING (CONTROL OF)           [ CAP. 106.           1
CHAPTER 106
TOBACCO GROWING (CONTROL OF) 
ORDINANCE 
To control the cultivation of tobacco.
(14th July, 1939) *
Enacted by ORDINANCE XLIV of 1939, as amended by Ordinance XXV
of 1962; Legal Notice 4 of 1963; and Act XIII of 1983.
Short title.
(Control of) Ordinance.
Licence for 
growing tobacco. 
Amended by: 
XIII.1983.5.
2. (1) No person shall grow tobacco in Malta for any purpose
whatsoever, without obtaining a licence from the Director of
Agriculture in accordance with regulations made under this
Ordinance.
(2) The licence shall be valid for one year from the date of
issue and may be renewed from year to year.
(3) A fee at the rate of one lira for every one thousand one
hundred and twenty four square metres of land or part thereof to
which the licence refers, shall be levied by the Director of
Agriculture in respect of the issue of every such licence and of each
renewal thereof.
Application for 
licence.
3. Every applicant for a licence shall, in his application, give
a description of the land to which the application refers, stating the
area of the land in square metres and shall attach to the application
a sketch plan of the land to the satisfaction of the Director of
Agriculture.
Power of Minister 
to make 
regulations. 
Amended by: 
XXV.1962.4; 
L.N. 4 of 1963.
4. It shall be lawful for the Minister responsible for
agriculture to make regulations -
( a ) for determining the conditions under which licences
may be granted or renewed;
( b ) for prescribing the form in which applications for such
licences shall be made;
( c ) for limiting the number of licences to be granted at any
time; and
( d ) generally, for carrying out the provisions of this
Ordinance and of the regulations made thereunder.
Power of Director 
of Agriculture to 
inspect land on 
which tobacco is 
grown.
5. The Director of Agriculture and any person authorized by
him may, at all reasonable times, enter, inspect and survey any land
to which a licence to grow tobacco refers, and any land on which he
has reasonable cause to believe that tobacco is being grown in
contravention of the provisions of this Ordinance or of any
regulations made thereunder, and may take samples of seeds or
* See  Proclamation No. XXXIV of the l4th of July, 1939.
  2        CAP. 106. ]     TOBACCO GROWING (CONTROL OF)  
plants for examination and call for any invoices, books or other
documents connected with the growing of tobacco on such land or
with the disposal of such tobacco.
Power to prohibit 
cultivation of 
tobacco. 
Amended by: 
XXV.1962.4; 
L.N. 4 of 1963.
6. It shall be lawful for the Minister responsible for
agriculture, when he deems it to be expedient in the public interest,
to prohibit by a notice in the Government Gazette the cultivation of
tobacco in any part of Malta, and after the date of any such notice
no licence for the cultivation of tobacco shall be issued or renewed:
 Provided that all licences in force on such date shall remain
valid until the date of their expiration.
Return to be made 
by licensee.
7. Every person to whom a licence under this Ordinance has
been granted shall, if so required by the Director of Agriculture,
make a return giving such information as the Director of
Agriculture may direct regarding the cultivation of tobacco, the
crop realized, the price at which the tobacco was sold, and the name
and address of the purchaser of such tobacco.
Offences and 
penalties.  
Amended by: 
XIII.1983.5.
8. Any person who obstructs the Director of Agriculture or
any person authorized by him in the lawful discharge of his duties
under the provisions of this Ordinance, and any person who
commits a breach of, or fails to comply with, any of the provisions
of this Ordinance or of any regulations made thereunder, shall, on
conviction, be liable to a fine ( multa ) not exceeding twenty liri:
  Provided that where the offence consists in the growing of
tobacco without a licence, the offender shall be liable to an
additional fine equal to double the fee which would have been
payable by him under the provisions of subsection (3) of section 2
of this Ordinance.
