POTATO EXPORT  [ S.L.85.01 1
SUBSIDIARY LEGISLATION 85.01
POTATO EXPORT REGULATIONS 
29th January, 1935
GOVERNMENT NOTICE 28 of 1935, as amended by Government Notice
91 of 1938; and Legal Notices 39 of 1968 and 26 of 1998.
Title.
Interpretation.
"sound tubers" means tubers which show no blemishes and no
traces of rot or other defects which may detract from the outward
appearance of the tubers or from their suitability for human
consumption. In respect of the spring crop, exported before the
20th April, cracks or discontinuity of skin, and consequent
variations in colour shall not be deemed to be defects, provided that
they do not considerably affect the appearance of the tubers;
"whole tubers" means tubers free from cuts, holes and insect
damage;
"clean tubers" means tubers free from soil and other foreign
matter.
Requirements for 
export.
3. Tubers intended for export shall be sound, whole, clean
and free from sprouts. The export of green, sunburnt or wrinkled
tubers, or of tubers otherwise damage is prohibited.
Classification.
follows -
( a ) according to crop as -
(i) winter crop potatoes,
(ii) spring crop potatoes.
"Winter crop potatoes" means potatoes sown in autumn from
locally grown seed;
"spring crop potatoes" means potatoes sown in winter from
imported seed.
( b ) According to shape and type as -
(i) yellow fleshed kidney (Y.K.),
(ii) yellow fleshed round (Y.R.),
(iii) white fleshed kidney (W.K.),
(iv) white fleshed round (W.R.).
( c ) According to size as -
(i) Grade A,
(ii) Grade B, 
(iii) Grade C.
Round shaped 
potatoes.
Substituted by:
G.N. 91 of 1938.
5. ( a ) For round shaped potatoes -
"Grade A" tubers are those which pass through a square gauge of
six centimetres across but which do not pass through a square
2 [ S.L.85.01 POTATO EXPORT 
gauge of three point four centimetres across.
"Grade B" tubers are those which do not pass through a square
gauge of six centimetres across.
"Grade C" tubers are those which pass through a square gauge of
three point four centimetres across but which do not pass through a
square gauge of two point five centimetres across.
( b ) For kidney shaped potatoes: 
"Grade A" tubers are those of a length greater than three point
seven centimetres but not more than nine centimetres.
"Grade B" tubers are those of a length greater than nine
centimetres.
"Grade C" tubers are those of a length greater than three point
two centimetres but not more than three point seven centimetres. 
Permission of the 
Director of 
Agriculture.
6. No "Grade C" potatoes shall be exported without the
special permission of the Director of Agriculture, who may give
such permission in seasons when the growth of the tubers is below
normal.
Packing. 7. Containers shall be new, clean, dry and sufficiently strong
as to warrant arrival at their destination in good condition. Bags
shall be of jute or hemp.
Markings. 8. On the outside be every container shall be marked in
indelible and easily visible characters not less than five centimetres
in height the following:
(i) the grade of the tubers (A, B or C); 
(ii) the mark Y.K, Y.R., W.K., or W.R. to show the
shape and type;
(iii) the official number of the broker (if any);
(iv) the name and/or mark of the exporter; 
(v) the words "Malta Produce",
and, when required by the importer, a lead seal, as directed by the
Director of Agriculture or other duly authorised officer.
No marks shall be 
stamped or printed 
in red.
Substituted by:
G.N. 91 of 1938.
9. N o marks shall be stamped or printed in a red colour,
which colour is hereby reserved for the official marks of the
Department of Agriculture , with the exception of the marking of
packages of Grade B potatoes as prescribed in regulation 10 .
Distinguishing of 
potatoes in 
containers.
Substituted by:
G.N. 91 of 1938.
10. When potato containers are sealed in the country after
packing and before delivery to the quay, the grades of potatoes
packed in different containers shall be distinguished as follows:
( a ) "Grade A" shall be distinguished by the absence of red
or blue coloured marks.
"Grade B" shall be distinguished by means of a red
coloured mark as detailed hereunder.
"Grade C" shall be distinguished by means of a blue
coloured mark as detailed hereunder.
( b ) Baskets or bags containing Grade B or Grade C
potatoes shall be marked by tying a piece of tape or
POTATO EXPORT  [ S.L.85.01 3
ribbon of the appropriate colour to the top of the
container. The piece of tape or ribbon used shall be
sufficiently large as to permit  an  easy identification of
the grades of potatoes in different containers.
( c ) Casks, half-casks and boxes containing Grade B or
Grade C potatoes shall be clearly marked with a cross
of the appropriate colour on one end of the container;
the marking of the cross shall extend across the end
and shall be made with paint or grease pencil or some
equally clear and indelible marking material.
Containers with 
different grades.
11. Containers packed with different grades of potatoes shall
not be exported under the same shipping mark.
Bill of lading.
number of the broker) together with the number and nature of the
packages shall appear on the bill of lading.
Inspection.
examined by an Inspector of the Department of Agriculture.
Inspector may 
examine packages.
14. The inspector may, at his discretion, examine any number
or all of the packages in any consignment, provided that when the
inspector refuses to issue a licence for export he must inspect at
least twenty per cent (one fifth) of the packages in the consignment
in question.
Consignment to be 
re-inspected if not 
shipped within one 
week.
15. Any consignment approved for export shall be liable to a
new inspection if the consignment is not shipped within a week of
the previous inspection.
Application for 
inspection.
16. Application for inspection shall be made to an inspector or
to the Director of Agriculture at least twenty-four hours before
shipment:
Provided, however, that application may be made at shorter
notice, at the risk of the exporter.
Application to 
specify name of 
exporter, etc.
17. Every application for inspection shall specify the name of
the exporter, the number and nature of the packages, and the
destination of the goods.
Exhibition of 
packages.
18. No application shall be considered unless the packages are
exhibited in the Potato Export Control Warehouse or in some other
place provided or approved for the purpose by the Director of
Agriculture.
Inspection to cease 
half an hour before 
sunset.
19. Inspection shall cease half an hour before sunset, unless
otherwise authorised by the Director of Agriculture.
Fees for packages 
submitted for 
inspection.
20. The following fees shall be charged for packages submitted
for inspection:
(i) for each package having a net weight greater
than one hundredweight, two mils;
(ii) for each package having a net weight of one
hundredweight or less, one mil:
Provided that the fee for the inspection of any one
consignment shall not be less than 12c5m.
4 [ S.L.85.01 POTATO EXPORT 
Issue of licence if 
goods found to be 
fit for export.
21. If the goods when inspected are found to conform in all
respects with these Regulations and to be fit for export, the
Director of Agriculture shall issue, free of charge, a licence to that
effect. Such licence shall certify that the potatoes have been
examined and, when such is the case, sealed by the Department of
Agriculture, and found to comply in all respects with the
regulations governing the export of potatoes.
Further fee if 
sealing of bags is 
required.
22.   Whenever the sealing of the containers is required by the
importer, a further fee of two mils shall be charged for every seal
used.
Other 
classifications.
23. To meet the requirements of any particular trade or of any
special demand the Director of Agriculture may permit the export
of potatoes which are classified, graded, packed and marked
otherwise than as specified in these Regulations.
Public weigher to 
register weight of 
every 
consignment.
24. (1) The public weigher who weighs potatoes for export
shall register the weight of every consignment in a serially
numbered book, obtainable from the Department of Agriculture at
cost price. Such books shall be made up with foil and triplicate
counterfoils; and the counterfoil copies of each note of weight shall
be delivered on request to the seller, the purchaser and the broker,
if any, and the public weigher shall himself keep the original.
(2) Every note of weight shall show -
(i) the name and address of the seller;
(ii) the name and address or official number of the
broker;
(iii) the name and address, or business name of the
exporter;
(iv) the number and nature of the packages in any
consignment;
(v) the weight of the consignment;
(vi) the date of weighing;
(vii) the net price per  qantar  as stated by the grower;
and
(viii) the weigher’s signature.
Book to be 
returned to the 
Department of 
Agriculture.
25. Every such book with all the foils and the remaining
counterfoils shall be returned to the Department of Agriculture
before the end of August.
Certificates of 
registration and 
licences.
Amended by:
L.N. 26 of 1998.
Cap. 85.
26. The certificates of registration of exporters and the
licences of brokers shall, subject to the provisions of the
Agricultural Produce (Export) Ordinance, be valid for one year,
and shall be renewable during the month of September. A fee of
twenty liri shall be charged for the issue or renewal of any such
certificate or licence.
Board of 
Reference.
Amended by:
L.N. 39 of 1968.
27. The Board of Reference shall be composed of the Director
of Agriculture or an officer of the Department of Agriculture acting
on his behalf as  Chairman  and two members chosen from a panel of
ten persons engaged in the produce export trade. The panel shall be
nominated by the Minister responsible for Agriculture before the
beginning of each export season. On each Board of Reference one
POTATO EXPORT  [ S.L.85.01 5
of the panel members shall be selected by the complainant and one
by the Chairman. No panel member shall sit on the Board in
connection with any produce in which he has an interest.
Fee in case of 
reference to the 
Board.
28. A fee of 5c per package shall be deposited with the
inspector by the exporter requiring reference to a Board of
Reference, provided that the minimum fee in this connection shall
be three liri.
