 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        1
CHAPTER 231
FOOD, DRUGS AND DRINKING WATER ACT 
To provide for the hygienic and other control of food, drugs and drinking water.
(29th September, 1972) *
 (1st May, 1978) †
Enacted by ACT XL of 1972, as amended by Acts: XI of 1977, XIII of 1978, I of 1979, XIII
of 1983, X of 1986, VIII of 1990 and XIX of 1996. 
ARRANGEMENT OF ACT
* See  subsection (2) of section 1 of the Act as originally enacted, which has been omitted under the Statute
Law Revision Act, 1980, and Government Notice No. 697 of 29th September, 1972.
† See  subsection (3) of section 1 of the Act as originally enacted, which has been omitted under the Statute
Law Revision Act, 1980, and Legal Notice 55 of 1978.
  Sections
Short title and Interpretation  1-2 
Part I. General Provisions    3-23 
Part II.  Water  24-25 
Part III.  Meat  26-39
Part IV.  Milk and Milk Products  40-49
Part V.  Penal and other Provisions  50-70
  2        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
Short title. 1. This Act may be cited as the Food, Drugs and Drinking
Water Act.
Interpretation. 
Amended by: 
XI. 1977.2; 
XIII.1978.2; 
I.1979.2; 
X. 1986.2; 
XIX.1996.10.
2. In this Act, unless the context otherwise requires -
* "advertisement" includes any notice, circular, label, wrapper,
invoice or other document, and any broadcast whether by visual or
acoustic presentation or by both, and "to advertise" shall be
construed accordingly;
"analyst" means any analyst attached to the department of health
and, for the purposes of the analysis and examination of -
( a ) any article of food for which a standard has been
prescribed under this Act, includes any analyst
engaged in the analysis of food at the department of
industry;
( b ) raw milk, includes any analyst engaged in the analysis
of raw milk at a milk marketing undertaking; 
"animal" means bovines, ovines, caprines, swine and equines;
"article" does not include a live animal or bird;
* "authorised officer" means any medical officer of health or
other medical officer attached to the department of health and
deputed by the Superintendent of Public Health, or any health
inspector, and for the purposes of sampling and testing of milk, as
well as inspections of dairy farms, any other public officer in
government service duly authorised in writing for the purpose by
the Superintendent of Public Health;
Cap. 419.
* "Authority" means the Malta Standards Authority established
by section 3 of the Malta Standards Authority Act;
* "business" means any undertaking or activity in connection with
food, drugs, or their production or manufacture, whether carried on
for profit or not;
"catering premises", in relation to milk, means any canteen, club,
school, hospital, restaurant, hotel, eating house or other premises
where, in the course of a business, the sale of milk is carried on for
the purpose of immediate consumption thereon and where such sale
is only incidental to that business;
* "coastal ship" means any ship or other craft plying exclusively
between one part of Malta and another;
* "container" includes any basket, pail, tray, package or
receptacle of any kind, whether open or closed;
Cap. 94.
* "Council of Health" means the Council of Health constituted
under the Department of Health (Constitution) Ordinance or under
any other law substituting it;
"cream" means that part of milk rich in fat which has been
separated by skimming or otherwise;
"dairy" includes any milk depot, milk store, milk shop, milk
marketing undertaking or other premises from which milk is
*No longer in force -  vide  Legal Notice 263 of 2002. 
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        3
supplied on or for sale, or in which milk is kept or used for
purposes of sale or for the purpose of processing or of any other
treatment whatsoever for sale or for the purpose of manufacture
into milk products for sale, or in which vessels used for the sale of
milk are kept, but does not include any dairy farm or catering
premises;
"dairy farm" means any farm, cowshed, sheep-pen, goat-pen or
any other premises in or on which raw milk is produced, and
includes any milk room or milking room;
"dairy farmer" means the keeper of a dairy farm; 
"dairyman" means the keeper of a dairy;
"drug" includes any medicine for internal or external use, and
any antiseptics, disinfectants and cosmetics;
* "food" includes drink, chewing gum or other products of a like
nature and use, and articles and substances used as ingredients in
the preparation of food or drink or of such products, but does not
include - 
( a ) water, live animals or birds,
( b ) fodder or feeding stuffs for animals, birds or fish, or 
( c ) articles or substances used only as drugs;
"imitation cream" means a substance which, not being cream or
reconstituted cream, resembles cream in appearance and is
produced by emulsifying edible oils or fats with water, either by
themselves or with other substances which are neither prohibited
by regulations made under this Act nor added in quantities so
prohibited;
"inspector" means any government veterinary surgeon or other
suitably qualified person authorised in writing by the
Superintendent of Public Health to act in relation to the
examination and condemnation of meat;
* "Malta" has the same meaning as is assigned to it by section 124
of the Constitution of Malta;
"milk" includes cream and separated milk, but does not include
dried milk or condensed milk;
"milk depot" means a room, centre, depot or other premises, not
being a milk room, used for the collection and/or keeping or
storage of raw milk in or about, or in connection with, a dairy;
"milking room" means any room, shed, parlour or other premises
in or about a dairy farm in which milch animals are milked;
"milk room" means a room or other premises in or about a dairy
farm in which raw milk is strained, cooled, kept or stored prior to
disposal by way of sale or otherwise, and includes any room or
other premises in which any equipment or utensil used for milk is
cleansed or stored;
"milk shop" means -
*No longer in force -  vide  Legal Notice 263 of 2002. 
  4        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
( a ) any shop, room or other premises at or from which
milk is kept, supplied, sold, offered or exposed for sale
in properly closed and unopened vessels in which it is
delivered to those premises;
( b ) any shop, room or other premises at or from which
milk is sold for immediate consumption thereon but
where, in the course of a business, the sale of milk,
alone or together with any milk products, forms, in the
opinion of the Superintendent of Public Health, a
substantial part of that business; and
( c ) any stall at or from which milk is sold or is kept,
offered or exposed for sale;
"milk store" means a room or other premises in which milk, other
than raw milk, is kept or stored in or about, or in connection with, a
dairy;
* "Minister" means the Minister responsible for public health and
includes, to the extent of any authority given, any person
authorised in that behalf for any purpose of this Act;
* "packaging" means containing in any vessel, and includes
bottling;
* "person" includes any company or other association or body of
persons, whether vested with legal personality or not;
"poultry" includes fowls, turkeys, ducks, geese, guinea-fowls,
turtle-doves, pheasants, partridges, pigeons and quails; 
"premises", except in section 26 of this Act, means a building or
part of a building, and any forecourt, yard or place of storage used
in connection with a building or part of a building, and includes, in
relation to dairies and dairy farms, and the trade of dairyman or
dairy farmer, any land other than buildings;
"preparation", in relation to food, includes manufacture and any
form of treatment, and "preparation for sale" includes packaging;
and "to prepare" and "to prepare for sale" shall be construed
accordingly;
"public slaughterhouse" means a slaughterhouse under
government control;
"raw milk" means milk which has not been pasteurised or
otherwise heat treated in accordance with the provisions of this Act
or any regulations made thereunder;
"reconstituted cream" means a substance which, not being cream,
resembles cream in appearance and contains no ingredient not
derived from milk, except ingredients (not added fraudulently to
increase bulk, weight or measure, or to conceal inferior quality)
which may lawfully be contained in a substance sold for human
consumption as cream, or except water;
* "sanitary authority" includes the Superintendent of Public
Health, the Principal Medical Officer, the Senior Medical Officer,
*No longer in force -  vide  Legal Notice 263 of 2002. 
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        5
the Medical Officer of Health, any health inspector, and any other
officer attached to the department of health duly authorised in
writing by the Superintendent of Public Health to ensure the
observance of the provisions of this Act and of any regulations
made thereunder;
* "to sell" includes to offer, expose, advertise or keep for sale, and
to supply by way of compensation or otherwise;
"separated", in relation to milk, includes skimmed; 
* "ship" includes any sea-going craft;
"slaughterhouse" means a place for slaughtering animals, the
flesh of which is intended for sale for human consumption, and
includes any place available in connection therewith for the
confinement of animals while awaiting slaughter there or for
keeping, or for subjecting to any treatment or process, products of
the slaughtering of animals there;
"slaughterhouse facilities" means facilities for carrying on the
activities of a slaughterhouse including plant and apparatus and the
services of persons as slaughtermen or otherwise;
* "stall" includes any stand, marquee, tent or mobile canteen, and
any vehicle, whether movable or not;
"vessel" includes a receptacle of any kind, whether open or
closed.
PART I
GENERAL PROVISIONS
Constitution of 
Food Standards 
Board. 
Amended by: 
X. 1986.3.
3. Repealed by Act XIX.1996.10.
Regulations and 
orders by Minister. 
Amended by: 
XIX.1996.10.
4. Repealed by Act XIV.2002.52 .
Adding of 
substances to food 
or drugs, etc.
5. (1) Repealed by Act XIV.2002.52 .
(2) No person shall add any substance to, or abstract any
constituent from, any drug as to affect injuriously the quality,
constitution or potency of the drug, with intent that the drug may be
sold in that state.
Prohibition of sale, 
etc., of certain food 
or drugs.
6. (1) Repealed by Act XIV.2002.52 .
(2) No person shall sell, or offer, expose or advertise for sale,
or have in his possession for the purpose of sale, or supply by way
of compensation or otherwise any drug injuriously affected in its
quality, constitution or potency.
*No longer in force -  vide  Legal Notice 263 of 2002. 
  6        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
(3) Repealed by Act XIV.2002.52 .
(4) If a person licensed under section 26 to keep a
slaughterhouse is found guilty of an offence against the provisions
of subsection (1) of this section, the court may, and, in the case of a
second or subsequent conviction the court shall, besides awarding
punishment according to law, suspend the relative licence from one
month to six months.
Food offered as 
prize, etc.
7. Repealed by Act XIV.2002.52 .
Sale of food or 
drugs to the 
prejudice of the 
purchaser.
* 8. (1) No person shall sell, to the prejudice of the purchaser,
any food intended for human consumption or any drug which is not
of the nature, substance or quality of the food or drug demanded by
such purchaser.
(2) In any proceedings for an offence under this section, it shall
not be a defence to allege that the purchaser bought only for
analysis of examination and therefore was not prejudiced.
Defence in certain 
proceedings. 
Amended by: 
XIII. 1978.3.
9. (1) Repealed by Act XIV.2002.52 .
(2) The provisions of the preceding subsection shall apply in
relation to proceedings for an offence consisting of the sale of any
drug to which any substance has been added, or from which any
constituent has been abstracted, other than a drug thereby
injuriously affected in its quality, constitution or potency, as they
apply in relation to any such offence as is mentioned in the said
subsection.
† (3) In any proceedings under section 8 in respect of any food or
drug containing some extraneous matter, it shall be a defence for
the defendant to prove that the presence of that matter was an
unavoidable consequence of the process of collection or
preparation.
(4) Saving any other specific provision of law to the contrary,
in any proceedings under section 8 in respect of any adulterated
spirits it shall be a defence for the defendant to prove that such
adulteration consisted solely in the admixture of water and that the
diluted spirit was of a strength not below - 
( a ) 40 per cent absolute alcohol, volume in volume, in the
case of whisky, brandy, rum or gin; or
( b ) 20 per cent absolute alcohol, volume in volume, in the
case of other alcoholic drinks, except wine and beer. 
Preparation, etc., 
of food under 
insanitary 
conditions.
10. Repealed by Act XIV.2002.52 .
Articles of food 
equal or similar in 
appearance to other 
articles of common 
use.
11. Repealed by Act XIV.2002.52 .
*In force only in so far as it relates to drugs -  vide  Legal Notice 263 of 2002.
†In force only in so far as it relates to drugs -  vide  Legal Notice 263 of 2002.
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        7
Power of Minister 
to make 
regulations in 
respect of 
composition, etc., 
of food.
12. Repealed by Act XIV.2002.52 .
Power of Minister 
to make 
regulations in 
respect of 
composition, etc., 
of drugs.
13. The Minister may make regulations regarding the
importation, preparation, manufacture, composition, advertise-
ment and sale of drugs.
Labelling of food.
False labelling or 
advertisement of 
food or drugs.
* 15. (1) It shall not be lawful for any person to display with
any food or drug exposed or kept for sale, or to give with any food
or drug sold, any label, whether attached or affixed to or printed on,
the container or wrapper thereof or not, which falsely describes
such food or drug or which is calculated to mislead as to its nature,
substance or quality.
(2) It shall likewise be unlawful for any person to publish, or to
be a party to the publication of, an advertisement (other than a label
referred to in subsection (1) of this section) which falsely describes
any food or drug or which is calculated to mislead as to its nature,
substance or quality:
Provided that, in any proceedings under this subsection, it
shall be a defence for the defendant to prove that he did not know,
and could not with reasonable diligence have ascertained, that the
advertisement was of such a character as is described in this
subsection.
(3) For the purposes of this section, a label or advertisement
which is calculated to mislead only as to the nutritional or dietary
value of any food shall be deemed to be calculated to mislead as to
the quality of the food.
(4) In any proceedings for an offence under this section, it shall
not be a defence to prove that the label or advertisement contained
an accurate statement of the composition of the food or drug if such
label or advertisement contravened in some other respect the
provisions of this section.
(5) In this section, "food" means food intended for human
consumption.
Power of Minister 
to make 
regulations in 
respect of food 
hygiene.
16. Repealed by Act XIV.2002.52 .
Power of Minister 
to make 
regulations in 
respect of drugs.
17. The Minister may make regulations regarding sanitary and
cleanly conditions and practices in connection with the sale,
importation, manufacture, preparation, transport, storage,
packaging, wrapping, keeping or exposing for sale of any drug.
*In force only in so far as it relates to drugs -  vide  Legal Notice 263 of 2002.
  8        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
Employees, etc., 
suffering from 
certain diseases.
18. Repealed by Act XIV.2002.52 .
Control of 
suspected food.
19. Repealed by Act XIV.2002.52 .
Licensed premises, 
etc., to be used in 
accordance with 
licence.
20. Repealed by Act XIV.2002.52 .
Power of Minister 
to make 
regulations in 
respect of licensing 
of premises, etc.
21. Repealed by Act XIV.2002.52 .
Prohibition on 
importation of 
certain food.
22. Repealed by Act XIV.2002.52 .
Presumptions. 23. For the purposes of this Act and of any regulations made
thereunder -
( a ) Repealed by Act XIV.2002.52 .
( b ) Repealed by Act XIV.2002.52 .
( c ) Repealed by Act XIV.2002.52 .
( d ) any drug which is found on premises used for the
preparation, packaging, keeping, storage, sale or other
disposal of drugs, or which is exposed for sale or
advertised, shall be presumed, until the contrary is
proved, to be intended for sale.
PART II 
WATER
Contamination of 
water.
24. Repealed by Act XIV.2002.52 .
Polluted water. 
Amended by: 
VIII. 1990.3.
25. Repealed by Act XIV.2002.52 .
PART III 
MEAT
Licensing of 
slaughterhouses.  
Amended by: 
XIII. 1978.4.
26. (1) No person shall, without the permission of the
government veterinary surgeon, slaughter any animal, the flesh of
which is intended for sale for human consumption, except in a
slaughterhouse.
(2) No person shall use any premises as a slaughterhouse, or
permit them to be so used, unless he holds a licence by the
Superintendent of Public Health authorising him to keep those
premises as a slaughterhouse:
Provided that nothing in this subsection shall apply in
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        9
relation to any premises used as a public slaughterhouse.
(3) The Superintendent of Public Health may refuse any
application for the grant or renewal of a licence under this section
if he is satisfied that - 
( a ) existing alternative slaughterhouse facilities available
in public slaughterhouses are adequate having regard
to the reasonable requirements of the person applying
for the grant or renewal of such licence and no
additional facilities are required; or
( b ) the requirements of any regulations made under
paragraph ( a ) or ( b ) of subsection (2) of section 16 or
under section 28 are not complied with in respect of
those premises.
Responsibility for 
public 
slaughterhouses.
27. The government veterinary surgeons shall be responsible
for seeing that any public slaughterhouse is kept in a sanitary and
hygienic condition, is properly managed and is provided with
suitable plant or apparatus for disposing of, treating or processing
waste matters, refuse or by-products, resulting from the slaughter
of animals in such slaughterhouse.
Power of Minister 
to make 
regulations in 
connection with 
slaughterhouses.
28. Repealed by Act XIV.2002.52 .
Inspection of 
animals prior to 
slaughtering.
29. Every animal intended for sale for human consumption
shall be subjected alive, before slaughtering, to inspection for the
purpose of ascertaining its age, state of nutrition and condition of
health:
Provided that - 
(i) where an animal is killed by meteoric
phenomena or dies of internal haemorrhage or of
traumatic or accidental lesions, or
(ii) where by reason of accidental injury, illness,
exposure to infection or other emergency
affecting that animal it is necessary that an
animal should be slaughtered without delay,
the above provision of this section shall not apply but no portion of
its carcass or of its offal shall be sold or offered for sale or
otherwise disposed of for human consumption without the previous
inspection and approval of the inspector.
Control of 
slaughter of certain 
diseased animals.
30. (1) Any animal affected, or suspected of being affected,
with any disease communicable to man, or with any other disease
as may be prescribed by regulations made by the Minister under
this subsection, shall be slaughtered separately from other animals.
(2) No animal affected, or suspected of being affected, with
rabies, glanders or anthrax shall be slaughtered in any
slaughterhouse.
Power to condemn 
carcasses, etc.
31. Repealed by Act XIV.2002.52 .
  10        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
Inspection and 
stamping of meat 
before removal 
from 
slaughterhouse. 
32. No portion of any slaughtered animal shall be removed
from the slaughterhouse until it has been subjected to an inspection
and stamped.
Sale of horseflesh. 33 . No person shall -
( a ) sell, or offer, expose of keep for sale the flesh of
equines in the same shop used for the sale for human
consumption of any meat of bovines, ovines, caprines
or swine; or
( b ) sell, or offer, or expose for sale, for human
consumption the flesh of equines elsewhere than in
premises, or in a stall, licensed for that purpose and
over or on which a notice bearing the words "HORSE
FLESH/ LA}AM TA |- |IEMEL" is displayed in a
conspicuous position and is easily legible. 
Prohibition of sale 
of unstamped 
meat. 
Amended by: 
XIII. 1978.5.
34. No person shall sell, or offer or expose for sale, or have in
his possession for the purpose of sale or of preparation for sale, for
human consumption any meat or offal of any animal slaughtered in
Malta unless such meat or offal is duly stamped as provided by
regulations made under section 28:
Provided that any such stamp shall not exculpate any
person who sells any meat or offal or any meat product which is
deteriorated or in any way unfit for human consumption:
Provided further that, subject to the other provisions of this
Act, meat sold in a sealed pre-packed container and prepared and
packed in premises licensed for the purpose, need not bear such
stamp.
Prohibition of sale, 
etc., of certain 
meat.
35. No person shall -
( a ) sell, or offer, expose or advertise for sale,
( b ) deposit with, or consign to, any person, or have in his
possession for the purpose of sale or of preparation for
sale, or
( c ) supply by way of compensation or otherwise, 
for human consumption, any part of, or product derived wholly or
partly from, any animal the slaughter whereof is forbidden, or any
carcass or any part thereof, or any offal, as the case may be, which
on inspection has been found to be unfit for human consumption, or
any meat or offal which is or is rendered injurious to health or is
deteriorated, unsound, unwholesome or otherwise unfit for human
consumption.
Cold-air stores to 
be licensed.
36. No person shall use any premises, or part of a premises, as
a cold-air store for the storage and preservation therein of any meat
or other article of food intended for human consumption, or to
permit them to be so used, unless such premises, or such part
thereof, are covered by a licence issued for the purpose.
Prohibition of 
cold-storing of 
certain meat, etc.
37. No person shall deposit or keep in any cold-air store or
refrigerator, for the purpose of sale or of preparation for sale, any
meat or meat product which has been imported in contravention of
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        11
the provisions of section 22 or 38, or any carcass or part of a
carcass or any meat or offal which, in the opinion of any authorised
officer or of any inspector, is of the kind, or in the state or
condition, specified in section 35.
Prohibition of 
importation of 
certain meat.
38. Saving the provisions of section 22, no person shall import
into Malta for sale, or for preparation for sale, for human
consumption any meat or offal of the kind, or in the state or
condition, specified in section 35:
Provided that in any proceedings for an offence against this
section, it shall be a defence for the defendant to prove that at the
time when he imported such meat or offal he did not know, and
could not with reasonable diligence have ascertained, that such
meat or offal was deteriorated, unsound or unwholesome, or unfit
for human consumption.
Inflation of 
poultry, etc.
39. (1) No person shall inflate any poultry or rabbit for the
purpose of making it appear fatter, or keep it in water for purposes
of preservation, or subject it to any treatment to conceal its
deterioration or incipient putrefaction.
(2) Any powers conferred by or under the provisions of this
Act on any authorised officer in relation to food or meat may be
exercised by him in relation to poultry or rabbits.
PART IV
MILK AND MILK PRODUCTS
Dairy and dairy 
farm to be 
licensed.
40. (1) It shall not be lawful for any person to keep any dairy
or dairy farm unless such dairy or dairy farm is covered by a
licence issued by the Superintendent of Public Health:
  Provided that any milk shop needs only to be registered with the
Superintendent of Public Health.
(2) No dairy or dairy farm which is licensed under subsection
(1) of this section may be used otherwise than for the purpose of
such licence; no such dairy or dairy farm, and no milk shop which
is registered under the said subsection (1) may be used otherwise
than in accordance with any terms or conditions as may be attached
to, or imposed by, the relevant licence or registration.
Dairyman and 
dairy farmer to be 
registered.
41. (1) No person may carry on the trade of dairyman or of
dairy farmer unless he is registered as such with the Superintendent
of Public Health.
(2) The Superintendent of Public Health shall not register any
person as dairyman or as dairy farmer unless the premises or stall
to be used by such person for the purposes of his trade is covered
by a licence or is registered, as the case may be, in accordance with
the provisions of subsection (1) of section 40.
(3) Where any licence in respect of any dairy farm or any
licence or registration in respect of any dairy is cancelled or is not
  12        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
renewed, any person registered under this section in virtue of such
farm or dairy shall cease to be so registered.
Power to make 
regulations 
regarding dairies 
and dairy farms.
42. Repealed by Act XIV.2002.52 .
Power to make 
regulations 
regarding milk.
43. Repealed by Act XIV.2002.52 .
Application of 
regulations.
44. Repealed by Act XIV.2002.52 .
Adulteration of 
milk.
45. (1) No person shall add any water, or any dried or
condensed milk or liquid reconstituted therefrom, or any other
substance whatsoever, to milk intended for sale for human
consumption.
(2) No person shall add any colouring or flavouring substance
to milk intended for sale for human consumption under the
designation of milk.
(3) No person shall add any separated milk, or mixture of
cream and separated milk, to unseparated milk intended for sale for
human consumption.
(4) Nothing in subsection (2) of this section shall be deemed to
imply that any colouring or flavouring substance can be added to
milk or to things made from milk or of which milk is an ingredient
unless such substance is of the highest standard of purity and is
neither prohibited by regulations made under section 12 or 43 nor
added in quantities so prohibited.
Prohibition of sale 
of certain milk.
46. (1) No person shall sell, or offer, expose or advertise for
sale, or have in his possession for sale, or supply by way of
compensation or otherwise, for human consumption -
( a ) any milk produced by animals within fifteen days
before, or during the five days immediately after,
parturition;
( b ) the milk of any animal suffering from any disease of
the udder or teats or from mastitis, tuberculosis, foot-
and-mouth disease, anthrax or any other disease named
in an order made by the Minister under this paragraph;
( c ) any milk being in contravention of the provisions of
any regulations made under section 12 or 43 or of the
provisions of section 45; or
( d ) any milk produced, or processed, treated, packaged,
kept or conveyed in premises or stalls, as the case may
be, or under conditions which would constitute a
violation of the provisions of any regulations made
under section 16 or 42.
(2) No person shall sell, or offer or expose for sale, under the
designation of milk any liquid in the making of which any
separated milk, or any dried or condensed milk, has been used.
(3) No person shall use in the manufacture of products for sale
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        13
for human consumption any such milk as is described under
subsection (1) of this section.
(4) When any proceedings are taken in respect of an offence
against the provisions of paragraph ( b ) of subsection (1) of this
section, it shall be presumed that the defendant was cognisant of
the fact that the animal was suffering from the disease referred to in
the said paragraph if he could, with ordinary care, have ascertained
such fact.
Restrictions on use 
of special 
designations.
47. (1) No person shall for the purpose of the sale or
advertisement of any milk use a special designation in respect of
that milk or of the milk to which it refers unless such sale or
advertisement conforms with the requirements and conditions as
may be prescribed by regulations made under section 43 in respect
of the use of such special designation.
(2) No person shall for the purpose of the sale or advertise-
ment of any milk refer to that milk by any such description as might
be calculated falsely to suggest -
( a ) that a special designation has been prescribed in
connection with that milk,
( b ) that the milk is tested, approved or graded by any
competent person, or
( c ) that the animals from which the milk is derived are
free from the infection of any disease.
Power to make 
regulations in 
respect of certain 
areas.
48. Repealed by Act XIV.2002.52 .
Use of designation 
"cream" in relation 
to cream 
substitutes.
49. Repealed by Act XIV.2002.52 .
PART V
PENAL AND OTHER PROVISIONS
Powers of 
authorised officer.
* 50. (1) Subject to the provisions of this section, any autho-
rised officer shall, on producing, if so required, some duly
authenticated document showing his authority, have a right to- 
( a ) enter any premises, or any vehicle, stall or place other
than premises, or any aircraft, coastal ship or other
ship for ensuring compliance with the provisions of
this Act and of any regulations made thereunder, as
well as for the purpose of ascertaining whether there is
or has been on, or in connection with, such premises,
vehicle, stall, place, aircraft, coastal ship or other ship
any contravention of the provisions of this Act or of
any regulations made thereunder;
( b ) examine any article to which this Act or any
*In force only in so far as it relates to drugs -  vide  Legal Notice 263 of 2002.
  14        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
regulations made thereunder apply and take, on
payment of the current market value, samples thereof
for analysis, or for bacteriological or other
examination; and
( c ) seize and remove any such article in relation to which
reasonable ground for suspicion exists that any
provision of this Act or of any regulations made
thereunder is being or has been contravened.
(2) The powers conferred upon any authorised officer under
paragraph ( a ) of subsection (1) of this section and under paragraph
( b ), in so far as they relate to the examination of any article, of the
said subsection may, when any authorised officer so requires, be
exercised by any police officer.
(3) Any authorised officer may, when acting under the
provisions of subsection (1) of this section, be assisted by a police
officer. 
Cap. 31. 
Cap. 101.
(4) Nothing contained in subsection (1) of this section shall be
deemed to exonerate any authorised officer from non-compliance
with the provisions of the Medical and Kindred Professions
Ordinance or of the Dangerous Drugs Ordinance or of any
regulations or rules made thereunder, in connection with the taking
of any drug or any sample thereof.
(5) The taking of any article under paragraph  (b)  of subsection
(1) of this section shall, for the purposes of this Act or of any
regulations made thereunder, be deemed to be a sale of that article.
(6) In subsection (1) of this section, the expression "any
article" includes -
( a ) any food or drug, or any substance capable of being
used in the composition or preparation of any food or
drug;
( b ) any thing used or capable of being used for the
manufacture, preparation, preservation, packaging or
storage thereof; and
( c ) any labelling or advertising material.
Power to examine 
food in course of 
delivery.
51. Repealed by Act XIV.2002.52 .
Removal, etc., of 
articles seized.
* 52. (1) No person, without the written permission of the
sanitary authority or of an authorised officer, shall remove, alter,
tamper or otherwise interfere in any way with any article seized
under the provisions of this Act.
(2) Any article so seized may, at the option of the said
authority or officer, either be kept or stored at the place or premises
where it was seized or be removed to such other place or premises
as the said authority or officer may direct.
*In force only in so far as it relates to drugs -  vide  Legal Notice 263 of 2002.
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        15
Taking of samples.  
Amended by: 
XIII. 1978.6.
53. * (1) When any sample of any article is taken in accordance
with the provisions of section 50 of this Act, the authorised officer
shall take a suitable quantity of such article and shall inform the
person having the charge for the time being of such article (in this
section referred to as "the seller") that he intends to submit the
sample for analysis or examination.
(2) When any sample is taken as aforesaid, the quantity so
taken, if so requested by the seller at the moment of the taking of
the sample and unless in the opinion of the authorised officer
division of the quantity taken is not reasonably practicable or
would interfere with analysis or examination, shall be divided into
three approximately equal parts, one part thereof to be handed over
to the seller and the other two parts to be retained by the authorized
officer for analysis or examination.
(3) Each sample taken, or any part thereof as the case may be,
shall -
( a ) be sealed in such manner that it cannot be opened
without breaking the seal, and
( b ) be signed, or bear affixed to it a tag signed, by both the
seller and the authorised officer:
Provided that, if the seller is unable or refuses to sign the
sample, or any part thereof, or the tag, as the case may be, the
signature thereon of the authorised officer shall be sufficient:
Provided further that, if the seller is unable or refuses to be
present during the taking of the sample, the authorised officer may
take the sample notwithstanding the absence of such seller and, in
that case, the provisions of this section referring to the signature of
the seller shall not apply.
(4) Where an authorised officer takes a sample from an
automatic vending machine, the provisions of the preceding
subsections of this section shall apply as if for the reference to the
seller there were substituted a reference to the person whose name
appears on the machine as being the owner thereof or person
responsible therefor.
(5) Where an authorised officer takes a sample of any imported
article before such article is withdrawn by the importer or his agent
or representative, the provisions of subsections (1), (2) and (3) of
this section shall apply as if for the reference to the seller there
were substituted a reference to the importer thereof.
Any person may 
have food, etc., 
analysed.
54.* Any person, other than an authorised officer, who has
purchased any food intended for human consumption or any drug,
or any substance capable of being used in the composition or
preparation of any such food or drug, may submit a sample thereof
to the analyst for analysis or other examination:
Provided that, where such person notifies the seller of the
food, drug or substance, as the case may be, of his intention to
submit a sample thereof to be analysed or examined, the procedure
*In force only in so far as it relates to drugs -  vide  Legal Notice 285 of 2002.
  16        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
set out in section 53 for the taking of a sample shall be followed as
if the references to the authorised officer were references to the
purchaser.
Institution of 
criminal 
proceedings.
55. 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
sanitary authority, institute criminal proceedings against the
offender before the competent court.
Power of court to 
appoint experts. 
Amended by:
X. 1986.4.
56. (1) Where any proceedings as are referred to in section 55
of this Act are instituted, the court may direct that any articles
seized or any sample taken in accordance with the provisions of
this Act be examined by experts appointed by the court.
(2) If the article seized or the sample taken has to be analysed,
the court shall appoint, for carrying out the analysis, one or more of
the analysts attached to the department of health:
  Provided that - 
( a ) where the proceedings before the court are in respect
of any article of food for which a standard has been
prescribed under this Act, the analyst or analysts to be
appointed by the court may be one or more of the
analysts engaged in the analysis of food at the
department of industry; and
( b ) where the proceedings before the court are in respect
of an offence against any of the provisions under Part
IV of this Act or any regulations made under that Part,
in either case relating to raw milk, or include any such
offence, the analyst or analysts to be appointed by the
court may be one or more of the analysts engaged in
the analysis of milk at a milk marketing undertaking:
Provided further that, if any one of the said analysts shall
have already made such analysis before the proceedings were
instituted, the court shall require him to confirm his report on oath
but it may also require such analyst to make further inquiries and it
may also appoint other experts to give an opinion based on the
result obtained from the analysis so made.
(3) The examination or analysis shall be made on all the
articles seized or on only a part thereof as the court, with the
advice, if necessary, of the experts, shall direct.
(4) The person or persons appointed as aforesaid shall make to
the court a report in writing which report shall be confirmed on
oath and read out in open court.
Offences and 
penalties.  
Amended by: 
XIII 1978.7; 
XIII. 1983.5.
57. (1) Whosoever obstructs in any manner any person in the
execution of his duties under this Act or under any regulations
made thereunder, or who refuses to give a sample to any authorised
officer under the provisions of this Act, or otherwise hinders the
taking of any such sample by an authorised officer, or who fails to
give any information which he may be required to give under or for
the purposes of the provisions of this Act or of any regulations
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        17
made thereunder, or who, in giving such information, knowingly
makes any false or misleading statement in respect thereof, shall be
guilty of an offence against this Act.
(2) Any person who contravenes or fails to comply with any
provision of this Act or of any regulations made thereunder shall be
guilty of an offence against this Act.
(3) Any person who is found guilty of an offence against this
Act shall, on a first conviction, be liable to a fine ( multa ) of not less
than fifty liri and not exceeding two hundred liri or to imprison-
ment for a term from one to three months or to both such fine and
such imprisonment, and, on a second or subsequent conviction, to a
fine ( multa ) of not less than one hundred liri and not exceeding four
hundred liri or to imprisonment for a term from two to six months
or to both such fine and such imprisonment:
Provided that, where the offence is, in the opinion of the
court, of a slight nature, the punishment awardable shall be of a
fine ( ammenda ) of from five to ten liri in the case of a first offence
and of from ten to twenty liri in the case of a second or subsequent
offence:
Provided further that, in the case of a continuing offence,
the offender shall moreover be liable to a further fine ( multa ) not
exceeding five liri for each day during which the offence continues
after conviction:
Cap. 9.
Provided finally that, where the offender is liable to a
heavier punishment under the Criminal Code or under some other
law, the provisions of that Code or that other law shall apply.
Abatement of 
nuisance, etc. 
Amended by: 
XIII. 1983.5.
58. (1) 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 case of non-compliance with any such
order, he shall be liable to a further fine ( multa ) not exceeding five
liri for every day of non-compliance after the expiration of the said
time fixed as aforesaid.
(2) The court shall upon an application to that effect by the
Police at any time after that a person has been found guilty of an
offence in the event of a supervening cause or, in any other case,
after the expiry of the time limit granted by the court under
subsection (1) or extended under subsection (6) of this section,
authorise the Police to abate the nuisance or to enforce otherwise
the law at the expense of the offender, who, in either case, may be
made to refund such expense under a warrant issued by the said
court.
(3) If the offender is absent from Malta or has absconded or is,
on account of mental disorder or other physical incapacity, unable
to appear in court and the sanitary authority certifies on oath that it
is urgently required that the nuisance be abated or that the law be
otherwise enforced, the court shall order the summons to be served
on the lawful representative of the offender or on the person having
  18        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
the custody of the offender or on the person having the
management of his property or, in default of any known
representative or person as aforesaid, on the offender’s husband or
wife or son or daughter. In any such case, if the nuisance or non-
compliance with the law is proved, the court shall apply the
provisions of subsection (2) of this section or, in appropriate cases,
the provisions of subsection (1).
(4) Where for any reason service of the summons as provided
in subsection (3) of this section cannot be effected or where the
offender is not known or it is not known who is the person
responsible for the nuisance or non-compliance with the law, the
court shall apply the provisions of subsection (2) of this section on
the sole application of the sanitary authority confirming on oath the
existence of such nuisance or non-compliance and the urgency that
the nuisance be abated or the law enforced.
(5) In any of the cases dealt with in subsections (3) and (4) of
this section, the court shall, so far as regards the award of any
punishment for the offence, adjourn the proceedings until the
offender is fit to stand trial or return to Malta or becomes known
and can appear before it.
(6) No time fixed by the court under subsection (1) of this
section may be extended more than once except with the consent of
the sanitary authority.
Forfeiture of food, 
etc., and revocation 
of licences.
59. (1) 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 of the food or drug,
as the case may be, to which the offence relates, even though the
person charged may have been acquitted by the court:
  Provided that the court may, in its discretion, and on the
demand of the person convicted of any such offence, permit such
person to use such food for some industrial purpose, or, in case it
had been imported, to re-export it, after the said food has been so
dealt with as the court shall have directed in order to prevent it
from being used for human consumption:
  Provided further that, before granting the said permission, the
court shall hear on oath the sanitary authority and shall direct a stay
of the order for the forfeiture of the said food until the expiration of
the time fixed by the court for the food in question to be re-
exported or dealt with as aforesaid under the direction of the said
authority.
(2) Saving the provisions of subsection (3) of section 21 of this
Act, where any person is convicted of an offence against any of the
provisions of this Act or of any regulations made thereunder, the
court so convicting him shall, at the request of the Superintendent
of Public Health, suspend for a period from one month to six
months as the court may deem proper any licences in the name of
such person.
Offences by a 
company, etc.
60. When the person guilty of an offence against any of the
provisions of this Act or of any regulations made thereunder is a
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        19
company or an association or other body of persons, every person
who, at the time of commission of the offence, was a director,
manager, secretary or other similar officer of such company,
association or other body of persons or was purporting to act in any
such capacity shall be deemed to be guilty of that offence unless he
proves that the offence was committed without his knowledge and
that he exercised all due diligence to prevent the commission of the
offence.
Payment of fees for 
analysis, etc., and 
compensation for 
damages to 
articles.
61. (1) Where a person has been found guilty of an offence
against any of the provisions of this Act or of any regulations made
thereunder, the court may, besides sentencing the offender to the
punishment applicable according to law, order him to pay the fees,
or part thereof, due to the person or persons who shall have made
the examination or the analysis, as the case may be, under the
provisions of section 56 of this Act.
(2) Where a person is charged with an offence against any of
the provisions of this Act or of any regulations made thereunder but
is found not 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 department of health, 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 subsection (1) of this section.
Charging by 
defendant for 
another person as 
actual offender.
62. A person charged with an offence against any of the
provisions of this Act or of any regulations made thereunder shall,
upon information given by him to the court on the day appointed
for the trial of the case and before the hearing commences, be
entitled to have any person, to whose act or default he alleges that
the contravention of the provisions in question was due, brought
before the court in the proceedings; and if, after the commission of
the offence has been proved, the original defendant proves to the
satisfaction of the court that the said other person had committed
the offence without his knowledge, consent or connivance, the said
other person shall be convicted of the offence and the original
defendant shall be acquitted, saving the provisions of section 59 of
this Act.
When warranty 
may be placed as 
defence.
63. (1) Subject to the provisions of this section, in any
proceedings for an offence under this Act or any regulations made
thereunder, being an offence consisting of selling, or offering,
exposing or advertising for sale, or having in his possession for the
purpose of sale, any article or substance, it shall be a defence for
the defendant to prove -
 ( a ) that 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 purpose 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
  20        CAP. 231. ]               FOOD, DRUGS AND DRINKING WATER 
( c ) that it was, at the time of the commission of the
alleged offence, in the same state as when he
purchased it. 
(2) No warranty given by a person resident outside Malta shall
be a defence in any proceedings as aforesaid unless the defendant
proves that he had taken reasonable steps to ascertain, and did in
fact believe in, the accuracy of the statement contained in such
warranty.
(3) Where the defendant 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 this section in the same way as his employer or
principal would have been entitled to do if he had been the
defendant.
(4) Where the defendant in any such proceedings has been
acquitted under the foregoing provisions of this section, new
proceedings may be taken against the person by whom the warranty
relied on by the defendant in the original proceedings is alleged to
have been given.
(5) For the purposes of this and the next following section, 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.
Offences in 
relation to 
warranties given.
64. (1) A defendant 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 sold by
him, being an article or substance in respect of which a warranty
might be pleaded under the provisions of section 63 of this Act,
gives to the purchaser a false warranty in writing, shall be guilty of
an offence against this Act, unless he proves that when he gave the
warranty he had reason to believe that the statements or description
contained therein were accurate or that he gave such warranty more
than a year before proceedings were taken against him.
Prosecuting 
officer.
65. (1) Where the proceedings are instituted by the Police, any
medical officer of health, government veterinary surgeon or health
inspector, deputed by the Superintendent of Public Health, may lay
the charge before the court, produce evidence and plead the case
instead of the Police.
(2) The sworn statement by any of the officers mentioned in
subsection (1) of this section to the effect that he has been deputed
by the Superintendent of Public Health for the purpose therein
mentioned shall be conclusive evidence of the fact should the proof
thereof be required by the accused.
Evidence of 
prosecuting 
officer.
66. (1) Any of the officers mentioned in subsection (1) of
section 65 of this Act may be called as a witness at the request of
 FOOD, DRUGS AND DRINKING WATER              [ CAP. 231.        21
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.
Recovery of 
damages by injured 
party.
67. Any damages due in respect of any offence against this Act
shall be recoverable by the injured party as a civil debt.
Destruction with 
consent.
68. Where any food or any drug has been seized under the
provisions of this Act, and the owner thereof consents in writing to
the destruction of such food or drug, the Superintendent of Public
Health may direct that the said food or drug be destroyed, without
prejudice to the taking of any proceedings against the person
responsible for the offence.
Licences.
of any regulations made thereunder shall lapse on the thirty-first
day of December of the year of its issue or renewal.
(2) No licence issued under any provision of this Act or of any
regulations made thereunder shall be deemed to exempt from the
requirement of any other licence or permit imposed by any other
provision of this Act or by any regulations or other law in force for
the time being.
Savings. 
Amended by: 
XIII. 1978.9.
70. Repealed by Act XIV.2002.52 .
