MARKETING OF AGRICULTURAL PRODUCE  [ S.L.117.04 1
SUBSIDIARY LEGISLATION 117.04
MARKETING OF AGRICULTURAL PRODUCE 
REGULATIONS
22nd July, 1952
GOVERNMENT NOTICE 360 of 1952, as amended by Government
Notices 553 of 1953, 431 of 1954, 377 of 1955, 84 of 1956, 559 of 1957 and
298 of 1958; and Legal Notices 39 and 85 of 1959, 8 and 68 of 1966, 1 of
1968, 43 of 1970, 64 of 1972, 21 of 1973, 29 and 69 of 1974, 25 of 1975,
129 of 1977, 121 of 1981, 63 of 1982 and 25 of 1998. 
PART I
Title.
Agricultural Produce Regulations.
Interpretation.
Amended by:
G.N. 559 of 1957;
G.N. 298 of 1958;
L.N. 68 of 1966;
L.N. 43 of 1970;
L.N. 25 of 1975.
2. In these Regulations, unless the context otherwise requires:
"farmer" means any person who cultivates or grows agricultural
produce mainly for purposes of disposal on his own account;
"greengrocer" means a person who sells agricultural produce by
retail from a shop or hawking;
S.L. 117.20
established by the Agricultural Marketing Centres Regulations;
"Minister" means the Minister responsible for Agriculture;
" pitkal " means a person who undertakes to sell to third persons
wholesale, on account of the owners, agricultural produce as
defined in regulation 4;
"place of business" includes any shop or other premises, any cart,
barrow, truck or other vehicle, any basket, crate, bag or other
container, and any other place or device in or from which sales of
agricultural produce are effected;
"purchase" means the acquisition, by any onerous title, of any
agricultural produce as defined in regulation 4;
"sale" includes any disposal under any onerous title whatsoever,
and "sell" shall be construed accordingly;
Cap. 278.
"society" means a co-operative society among farmers, duly
registered under the Co-operative Societies Act.
Appointment and 
duties of 
inspectors.
Amended by:
G.N. 298 of 1958;
L.N. 68 of 1966.
3. The Minister responsible for Agriculture may from time to
time appoint inspectors whose duties it shall be to see that the
provisions of these Regulations or of any orders made thereunder
are complied with. For this purpose, such inspectors shall have
power at all reasonable times, to enter and inspect any place of
business where trade in agricultural produce as defined in Part III is
carried on or is reasonably suspected to be carried on, and to
inspect any trade books and documents therein kept, and to seize
any article, commodity or document connected with or which may
be used as evidence of the commission of an offence.
2 [ S.L.117.04 MARKETING OF AGRICULTURAL PRODUCE 
PART II
Meaning of 
agricultural 
produce and 
Director.
Amended by:
L.N. 43 of 1970.
4. In this Part "agricultural produce" means any produce
which is cultivated or grown locally by a farmer or is derived from
local animal husbandry, which produce it is the custom to sell
through a  pitkal , and "Director" means the Director of Agriculture
and Fisheries.
Pitkali  and 
greengrocers 
licences and fees 
leviable on same.
Amended by:
L.N. 25 of 1998.
5. (1) No person shall act as a  pitkal  or as a greengrocer
without a licence from the Director: 
Provided that a licence issued by the Director under this
regulation shall not exempt the holder thereof from the requirement
of a licence under any other law.
(2) The licence shall be valid until the 31st day of December
of the year of issue and thereafter may be renewed from year to
year: 
Provided that no such renewal may be effected after the
31st March of the year to which the renewal refers, provided that a
new licence can be granted after that date.
(3) The fee leviable on the issue and on every renewal of a
pitkal  licence shall be of twenty liri, and the fee leviable for the
issue and every renewal of a  pitkal  entry permit shall be three liri.
(4) The fee leviable on the issue of a greengrocer’s licence
shall be twelve cents five mils and the fee leviable on every
renewal shall be five cents, exclusive of the payment in respect of
the number plate prescribed in regulation 10(3).
Restrictions on sale 
of agricultural 
produce.
Amended by:
L.N. 68 of 1966;
L.N. 64 of 1972.
6. No person or body of persons other than a  pitkal , a farmer
or a society shall sell or otherwise dispose of agricultural produce
to a greengrocer; and no greengrocer shall purchase or otherwise
acquire agricultural produce except from a  pitkal , a farmer or a
society.
Deliveries of 
agricultural 
produce.
7. No farmer shall deliver for sale in marketing centres
agricultural produce in any container unless the produce exhibited
at the top of such container is a fair sample of the entire contents
thereof.
Restriction of 
commercial 
activities of  pitkal .
Amended by:
G.N. 298 of 1958;
L.N. 25 of 1975.
8. No  pitkal  shall -
( a ) act as broker or auctioneer outside the limits of the
marketing centres; or
( b ) purchase agricultural produce in order to sell it on his
own account; or
( c ) withhold from offering for sale for longer than twenty-
four hours any agricultural produce brought to the
marketing centre; or
( d ) refuse to accept for sale any agricultural produce:
Provided that on a  pitkal  having proved to the
satisfaction of the director or his representative that
one or more farmers specified by him have
deliberately and consistently delivered for sale
agricultural produce which is not packed in conformity
MARKETING OF AGRICULTURAL PRODUCE  [ S.L.117.04 3
with the requirements of regulation 7, that  pitkal  shall
be at liberty to refuse acceptance for sale by him of the
produce of that specified farmer or farmers during a
period to be determined by the Director; or
( e ) sell agricultural produce otherwise than by public
auction which shall be carried out in accordance with
the provisions of regulation 12; or
( f ) demand, require or accept from any farmer, directly or
indirectly, any commission or other fee whatsoever in
respect of the sale of agricultural produce; or
( g ) accept payment of the price of agricultural produce
sold by him; or
( h ) without the special permission in writing of the
Director, sell or keep for sale within the limits of any
marketing centre approved as aforesaid, any imported
fruits or vegetables.
Rules applicable to 
marketing centres.
Amended by:
G.N. 559 of 1957;
L.N. 121 of 1981.
9. (1) No person or persons shall purchase or sell agricultural
produce from a marketing centre otherwise than at a public auction.
(2) No person purchasing agricultural produce from a
marketing centre shall remove such produce or cause it to be
removed from the place at which the auction is held before he has
obtained the relative purchase voucher or vouchers and before he
has paid for the agricultural produce purchased by him. Such
purchase voucher or vouchers shall denote the name of the
purchaser, the nature of the agricultural produce, the relative
weight or quantity, the purchase price per unit of weight or quantity
and the total amount paid.
(3)  The Minister may by order in the Gazette specify -
( a ) which standardised containers have been approved for
use in marketing centres; and
( b ) which agricultural produce entering or leaving
marketing centres is to be carried only in the said
standardised containers.
(4) It shall be an offence for any person wilfully to break,
damage or destroy a standardised container specified in sub-
regulation (3)( a ) or to use any such container for any purpose other
than that of containing agricultural produce.
Restriction of 
commercial 
activities of 
greengrocers.
Amended by:
L.N. 39 of 1959;
L.N. 63 of 1982.
10. (1) No greengrocer shall -
( a ) sell to a  pitkal  agricultural produce other than
agricultural produce produced by the greengrocer
himself; or
( b ) sell or purchase agricultural produce to or from
another greengrocer; or
( c ) sell agricultural produce otherwise than by retail to
bona fide  consumers; or
( d ) withhold from offering for sale any agricultural
produce in his possession; or
4 [ S.L.117.04 MARKETING OF AGRICULTURAL PRODUCE 
( e ) purchase agricultural produce unless he is furnished
with a purchase voucher showing all the particulars
specified in regulation 9(2).
Cap. 117.
(2) Every greengrocer shall produce on demand to the Director
or to his representative or to any inspector appointed under these
Regulations or to any member of the Police force or to any person
appointed under article 4 of the Supplies and Services Act, or to
any member of a body of persons so appointed, the purchase
voucher or vouchers concerning the acquisition by him of the
agricultural produce displayed by him for sale.
(3) While carrying on business every itinerant greengrocer
shall display in a conspicuous manner on his place of business a
number plate which shall be obtained on payment from the
Department of Agriculture.
Applicability of 
these Regulations 
to local eggs.
Added by:
L.N. 29 of 1974.
11. The provisions of regulation 10 shall apply to local eggs in
the same manner as they apply to agricultural produce.
Rules applicable to 
sale at auction in 
marketing centres.
12. In sales by public auction in marketing centres the
following rules shall be complied with -
( a ) the exact times when sales by auction may be held
shall be notified by the Director periodically and may
be different in respect of different marketing centres;
( b ) every bid accepted as a price bid by the person
conducting an auction on behalf of a society or by a
pitkal  shall be announced  viva-voce  in such a manner
as to be clearly understandable by all persons present.
Final bids shall not be deemed valid unless they are so
announced. Any person disputing the validity of an
offer must protest at the time such final bid is
announced;
( c ) only officially recognized weights and measures shall
be used.
Records to be kept 
at  pitkali .
Amended by:
L.N. 8 of 1966;
L.N. 63 of 1982.
Cap. 117.
13. (1) Every  pitkal  shall keep a record of all transactions
made by him, in a form or book, as directed and approved by the
Director. Such records shall show the quantity and nature of the
produce received by the  pitkal  from each farmer, when and to
whom the produce was sold, and the price realised at the sale. Such
record shall be available for inspection on demand by the Director
or by any person deputed in writing by him or by any person
appointed under article 4 of the Supplies and Services Act, or by
any member of a body of persons so appointed, who may also copy
therefrom any extracts he deems appropriate.
(2) Every  pitkal  or his representative shall make an entry duly
initialled in a notebook obtainable from the Department of
Agriculture which is to be kept by the farmer for the purpose of
showing the number of containers delivered to and returned by the
pitkal  as well as the balance thereof on the respective dates.
MARKETING OF AGRICULTURAL PRODUCE  [ S.L.117.04 5
Appointment and 
duties of clerks 
with  pitkali .
Amended by:
G.N. 553 of 1953;
G.N. 431 of 1954.
14. The Director may -
( a ) appoint clerks to issue vouchers to both owners and
buyers of agricultural produce sold at auction by a
pitkal  and to make and receive the relative payments;
( b ) direct  pitkali  to allow such clerks to enter any
premises or place where agricultural produce is sold
by  pitkali  and to remain in such premises or place for
the purpose of carrying out the work specified in
paragraph ( a ) of this regulation and any other related
work;
( c ) direct  pitkali  to record every transaction as soon as it
is made, in accordance with the provisions of
regulation 13 and to make such record immediately
available to any clerk appointed under paragraph ( a ) of
this regulation;
( d ) levy a charge not exceeding six point two five per cent
to be deducted from the accounts of the owners of
agricultural produce sold by each  pitkal  and to pay the
proceeds of such charge by way of a commission to the
pitkal  concerned, less the total amount of any bad
debts resulting from the sales effected by that  pitkal ;
and he may allow co-operative societies to levy and
retain a charge not exceeding four point five eight per
cent to be deducted from the accounts of the owners
of agricultural produce sold by such co-operative
societies, without prejudice to the receipt by them of a
commission of three point seven five per cent or of any
other percentage that the Government may be paying
to them from time to time;
( e ) exercise the powers specified in the preceding
paragraphs of this regulation in respect of all classes of
agricultural produce or of some class of agricultural
produce and not of other classes.
Bad debts.
Added by:
L.N. 129 of 1977.
15. Where the amount of bad debts due by a  pitkal  to the
Director is greater than the amount of commission due to the  pitkal ,
the Director may notify the  pitkal  to pay such debts within a period
fixed by the said Director, such period being not less than fifteen
days, and if the  pitkal  does not effect the said payment, the Director
may suspend the relative licence until such payment is effected, so
however that, if the amount is not settled within a period of three
months from date of such notification, the relative licence shall be
deemed to have been revoked, saving the Director’s rights to claim
the amount involved.
List of names of 
licensed  pitkali .
Amended by: 
L.N. 25 of 1975.
16. The Director shall, not later than the 31st day of January of
each year, publish in the Gazette a list of the names of licensed
pitkali .
6 [ S.L.117.04 MARKETING OF AGRICULTURAL PRODUCE 
PART III
Interpretation. 
Amended by:
L.N. 1 of 1968;
L.N. 43 of 1970.
17. In this Part -
''agricultural produce'' means any produce which is cultivated or
grown locally by a farmer or is derived from local animal
husbandry, and includes imported fruit, vegetables and fodder;
''Director'' means the Director of Trade;
''trader'' means any person who deals or is concerned in, or
performs any act of trade relating to the importation, sale, exchange
or disposal of agricultural produce, but does not include a farmer or
livestock breeder.
Maximum prices in 
respect of 
agricultural 
produce.
Amended by:
G.N.464 of 1956;
L.N. 69 of 1974;
L.N. 63 of 1982.
18. (1) The Director may from time to time, by order in the
Gazette, fix the maximum price at which any agricultural produce
may be sold.
(2) Prices may be so fixed by the Director by using one or
more of the following methods: fixing stated maximum prices,
fixing maximum margins of profit, fixing maximum percentages of
profit.
Cap. 117.
(3) Any trader shall, if so required by the Director or by any
member of the Police or by any person appointed under article 4 of
the Supplies and Services Act, or by any member of a body of
persons so appointed, produce on demand for examination any
book and document in his possession and to furnish him with such
information in such form and within such time as may be specified
in the request.
(4) The Director may, in respect of any agricultural produce,
impose any such condition as he may deem fit with regard to its
sale, prohibition of sale or limitation of sale.
Exhibition of 
different kinds of 
agricultural 
produce for sale 
and of price 
thereof.
19. (1) Every trader shall conspicuously exhibit in his place of
business, every kind of agricultural produce held by him: 
Provided that he may, in respect of one or more kinds,
exhibit only a sample thereof.
(2) The agricultural produce or sample thereof which shall be
exhibited shall bear a label showing the price at which that kind of
agricultural produce is being offered for sale and the unit of weight
or quantity to which the price refers.
(3) Where any kind of agricultural produce is kept in baskets
or other containers, the label shall be placed on each such basket or
container.
(4) The figure or figures denoting the price on the said labels
shall be printed clearly, or boldly written, in black ink on a clear
background and shall be at least three point six centimetres high
except in the case of the figure two mils which shall be at least
three and a half centimetres high.
(5) The Director may, in his discretion, exempt one or more
traders or one or more classes of traders generally or in respect of
one or more kinds of agricultural produce specified by him, from
the obligations imposed by sub-regulations (1) and (2).
MARKETING OF AGRICULTURAL PRODUCE  [ S.L.117.04 7
Prices marked may 
not exceed 
maximum prices 
fixed.
20. When a maximum selling price has been fixed under
regulation 18, the price shown on the label mentioned in regulation
19 shall not exceed the price so fixed.
Hoarding of 
agricultural 
produce.
21. A trader in possession of stocks of any agricultural produce
which he does not expose for sale in his place of business or does
not store therein in sufficient quantities to meet daily demands,
shall be deemed to be hoarding or refusing to sell, and shall be
guilty of an offence.
Prohibition of 
purchasing from 
unknown person.
22. No trader may purchase any agricultural produce from any
unknown person.
Prohibition of 
refusal to sell 
without reasonable 
cause.
23. No trader selling agricultural produce by wholesale shall,
without reasonable cause, refuse to sell in reasonable quantities, to
any person trading by retail any agricultural produce required in
connection with his business, and no person trading in retail shall
without reasonable cause refuse to sell to any consumer any
agricultural produce in quantities reasonably required for the
normal use and consumption of the consumer or his household or
his establishment: 
Provided that nothing in this regulation shall prevent any
consumer from making direct purchases from a person selling by
wholesale.
Prohibition of 
conditions 
additional to price.
24. No trader shall, in selling or in offering for sale any
agricultural produce, impose any conditions in connection with
such sale other than the charging of the proper price.
Unjustified closing 
of place of 
business.
25. Any trader closing his place of business without just cause
shall be deemed to be refusing to sell and shall be guilty of an
offence.
Sale at 
unreasonable 
prices.
26. (1)  No person shall mark, offer for sale or sell or attempt
to sell any agricultural produce at an unreasonable price where no
maximum price is fixed or above the maximum price fixed in
respect of such agricultural produce.
(2) Any profit exceeding the margin or percentage of profit
allowed under or for the purposes of these Regulations shall be
conclusively deemed to make the price charged excessive.
Suspension of 
traders’ licence.
27. (1) Any trader whose licence has been suspended shall be
debarred from the exercise of his business either generally or to
such extent only as the suspension order specifies.
(2) The name of any trader whose licence has been suspended
shall be published in the Gazette and in local newspapers and a
notice to the effect that his licence has been suspended shall be
affixed to the door of the place or places of business giving the
reasons for such suspension.
(3) It shall not be lawful for any person to remove, cover, alter
or otherwise deface any notice so affixed by order of the Director.
(4) No person shall, directly or indirectly, supply to any trader
whose licence has been suspended, any agricultural produce, except
for the personal use of such trader and his family.
8 [ S.L.117.04 MARKETING OF AGRICULTURAL PRODUCE 
PART IV
Penalties in respect 
of offences against 
these Regulations.
Amended by:
L.N. 43 of 1970;
L.N. 21 of 1973;
L.N. 63 of 1982.
28. (1) Any person who contravenes or fails to comply with
any of these Regulations shall be guilty of an offence.
(2) Any person guilty of an offence against any of the
provisions of these Regulations, other than the provisions
contained in regulation 8( f ) and ( g ), regulation 9(2), regulation 10
and regulation 13(1), regulations 18 to 27, shall be liable -
( a ) on a first conviction to a fine ( multa ) of not less than
five liri but not exceeding twenty-five liri;
( b ) on a second conviction to a fine ( multa ) of not less
than twenty-five liri but not exceeding fifty liri,
sohowever that if the second offence is committed
within twelve months from the first conviction the
offender shall be liable to the penalties contained in
paragraph ( c ) of this sub-regulation;
( c ) on a third or subsequent conviction, to a fine ( multa )
of not less than fifty liri but not exceeding one hundred
liri and to the suspension of his licence for a period of
not less than one month but not exceeding six months.
(3) Any person guilty of an offence against the provisions
contained in regulation 8( f ) and ( g ), regulation 9(2), regulation 10,
regulation 13(1), regulations 18 to 27 shall be liable - 
( a ) on a first conviction, to a fine ( multa ) of not less than
fifty liri but not exceeding two hundred and fifty liri;
( b ) on a second conviction, to a fine ( multa ) of not less
than one hundred liri but not exceeding five hundred
liri sohowever that if the second offence is committed
within twelve months from the first conviction the
offender shall be liable to the penalty contained in
paragraph ( c ) of this sub-regulation;
( c ) on a further conviction, to a fine ( multa ) of one
thousand liri:
Provided that where the offence is one where any voucher
or other document shown or produced for examination as required
by regulation 10(2), regulation 13(1), regulation 18(3), is false or
misleading or does not represent the true facts in any material
respect, the person so showing or producing it and any person
responsible for the drawing up of such voucher or document or for
the making of the false, misleading or untrue entry therein, or
consists in giving information which is incorrect or misleading as
provided in regulation 18(3), the court may, and if so requested by
the prosecution shall, in addition to any other punishment, sentence
the offender to imprisonment for a term of not less than ten days
and not exceeding six months.
(4) In addition to the punishments laid down in sub-regulation
(3) of this regulation, the court shall, on the demand of the
prosecution - 
( a ) in the case of a second conviction, order the
suspension of the offender’s licence for a period of not
MARKETING OF AGRICULTURAL PRODUCE  [ S.L.117.04 9
less than one week and not more than three months;
and
( b ) in the case of a further conviction, order the
cancellation of any licence held by the offender and
relating to any trade or business and of any licence
relating to the place of business to which the offence
relates.
(5) All the offences against these Regulations shall be
considered as contraventions:
Provided that proceedings in respect of any such offence
may be commenced at any time within one year of the commission
of the offence.
(6) In every case of conviction for an offence the court may
order the forfeiture of the articles to which the offence relates and
such articles shall be forfeited to the Government.
(7) The suspension of the licence ordered by the court shall
have effect as from such date within eight days from the sentence,
as the Director may specify in writing to the Registrar of Courts or
orally during the proceedings.
Cap. 446.
in respect of any offence against the provisions of these
Regulations.
(9) The court by which a person is found guilty of an offence
consisting in the selling of agricultural produce at unreasonable
price or at a price higher than the maximum price of such
agricultural produce shall, if it thinks fit, order the offender to
refund to the person to whom such agricultural produce was sold
such portion of the price charged as the court shall fix or such
amount as was in excess of the maximum price fixed by the
Director, within such time, not exceeding one month, as the court
shall prescribe, on pain of a penalty of not less than two liri for
each day of default in case of non-compliance with such order
within the time fixed, and saving the right of the person to whom
the refund is due to recover the amount by civil process before the
competent Civil Court, for which purpose the order of the refund
made by the court shall constitute an executive title and may be
enforced by the creditor after two days of service on the debtor of a
demand for payment made by a judicial act.
(10) In sub-regulations (7) and (9) of this regulation, ''Director''
means the Director of Agriculture in the case of an offence against
the provisions of Part II of these Regulations, or the Director of
Trade in the case of an offence against the provisions of Part III of
these Regulations.
10 [ S.L.117.04 MARKETING OF AGRICULTURAL PRODUCE 
Cap. 249.
Cap. 117.
(11) Where an offence against these Regulations is committed
by an individual acting in the name, or on behalf or in the interest
of a partnership or an association or other body or group of persons,
or where action is taken against an individual by virtue of his
liability as a director, manager, secretary or other similar officer of
such body, association or group as provided in article 13 of the
Interpretation Act, or by virtue of any liability under article 10 of
the Supplies and Services Act, and it results that an act or omission
amounting to an offence against these regulations has occurred, the
provisions of this section relating to the suspension or cancellation
of any licence held by the offender or other person as aforesaid
shall apply also to any licence held by or in the name, or on behalf
or in the interest of the partnership, association or other body or
group of persons of which the offender or other person as aforesaid
is a director, manager, secretary or other officer or in whose name
or interest or on whose behalf such person was acting, and such
licence shall equally be suspended or cancelled accordingly.
Trader to be 
responsible for 
offences by 
employees, etc.
Added by:
L.N. 63 of 1982.
29. Every trader as defined in Part III of these Regulations shall
take all such steps as are required to ensure full compliance with all
the provisions of these Regulations; and even where any
contravention of or non-compliance with any provision of these
Regulations may be attributed to any person in the employment of
such trader or in the exercise of any act or function authorised or
permitted by the trader, such trader shall also be guilty of that
offence unless he proves that he took all reasonable steps to prevent
the commission of the offence.
