FISH MARKETING [ S.L.425.02 1
SUBSIDIARY LEGISLATION 425.02
FISH MARKETING REGULATIONS
15th July, 1957
GOVERNMENT NOTICE 395 of 1957, as amended by Legal Notices 103
of 1969, 72 of 1978, 124 of 1979, 84 of 1980, 38 of 1986, 126 of 1989 and
5 of 1992.
Title.
Regulations.
Interpretation.
Amended by: 
L.N. 103 of 1969.
2. In these Regulations, unless the context otherwise
requires-
"director" means the Director of Agriculture and Fisheries or any
official of his department authorised by him to act on his behalf;
"fisherman" means a person actively engaged in the pursuit of
fishing;
"imported fish" means fresh fish, other than fish caught by a
fishing boat registered in these Islands;
"Minister" means the Minister who, for the time being, is
responsible for the Department of Agriculture and Fisheries;
" pitkal " means a person who undertakes to sell fish by wholesale
on behalf of any other person;
"retailer" means a person who sells fish by retail from a shop,
from a stall or by hawking;
"sale " includes any disposal under any onerous title whatsoever,
and "sell" shall be construed accordingly.
Pitkali.
fish, without a licence from the Director.
Fees.
fee based on the annual rental value of the premises used for the
conduct of the business at a rate of fifty cents for every ten liri or
fraction thereof.
Licensed  pitkal .
the sale of imported fish.
Exercise of trade.
Director, exercise his trade except at the wholesale fishmarket at
Old Barriera Wharf, Valletta.
Prohibition to 
trade.
7. A  pitkal  may not have any interest in the fish trade which is
extraneous to his business as  pitkal .
Sale of fish by 
pitkali .
8. Pitkali  shall not sell local or imported fish except by public
auction; in such auction, bidding shall be made  viva voce  and in
such manner as to be clearly understood by all persons present.
2 [ S.L.425.02 FISH MARKETING
Sales by auction.
Amended by:
L.N. 72 of 1978;
L.N. 84 of 1980.
9. The times at which sales by auction may start shall be as
follows -
From the 1st of September to the 31st October, 4.00 a.m.
From the 1st of May to the 31st August, 4.00 a.m.
From the 1st to the 30th November, 4.30 a.m.
From the 1st December to the 30th April, 5.00a.m.
No sales shall be held before such times.
Sales effected on 
weight basis.
10. All sales are to be effected on a weight basis and only
officially recognized weights shall be used.
Prohibition to bid. 11. A  pitkal  may not bid either on his own behalf or on behalf
of any other person.
Prohibition to sell. 12. A  pitkal  licensed to sell local fish shall not sell fish on
behalf of any person who is not a fisherman.
Containers to be 
clearly marked.
13. Where fish is sold in containers, the correct weight of the
fish contained in such containers shall be clearly marked thereon to
the satisfaction of the Director.
Sale of fish 
consigned to 
pitkal .
14. A  pitkal  may not refuse to accept for sale any fish
consigned to him:
Provided that if it is proved to the satisfaction of the
Director that any fish consigned to a  pitkal  does not conform to the
requirements of these Regulations, the  pitkal  shall be at liberty to
refuse acceptance for sale by him of that particular parcel of fish.
Pitkal to record 
every individual 
sale.
15. A  pitkal  shall record every individual sale on a form of
voucher to be furnished by the Director, giving all the details
required thereon, and shall consign such voucher to the retailer
making the relative purchase.
Vouchers to be 
consigned to the 
Director.
16. A copy of all such vouchers, duly and correctly filled in,
shall be consigned to the Director as soon as every day’s sales are
concluded.
Payment to 
fishermen and 
pitkali .
17. The Director shall furnish to every fisherman and to every
importer of fish a statement of all sales effected on his behalf by
the  pitkali . Such statement shall be based on the vouchers
consigned to the Director in terms of regulation 16 of these
Regulations. The relative payment to the fisherman or importer and
to the  pitkali  shall be made by the Director.
Deductions.
Substituted by:
L.N. 38 of 1986.
Amended by:
L.N. 126 of 1989.
18. (1) When making payment in terms of regulation 17, the
Director shall deduct an amount equivalent to six point three per
cent or ten per cent from the amounts due to the fisherman or to the
importer respectively, and except for the provisions of regulation
21, the amount to be paid to the  pitkal  as remuneration for his
services shall in both cases be six point three per cent on the
amount of the registered sales.
(2) The Director shall deduct from the amounts due to the
pitkal  any amount due by any retailer for fish sold to such retailer
by such  pitkal .
(3) Where the amount due by retailers for fish sold to them by
FISH MARKETING [ S.L.425.02 3
a  pitkal  is more than the amount due to such  pitkal , the Director
may notify the  pitkal  to pay such sum in excess of the amount due
to him 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 the date of such notification,
the relative licence shall be deemed to have been revoked, saving
the Director’s right to claim the amount involved.
(4) Where any amount due by a retailer has been deducted from
the amount due to a  pitkal  or has been paid by a  pitkal  in
accordance with this regulation, such  pitkal  shall notwithstanding
the provisions of regulation 27 have a right to claim such amount
directly from the retailer.
Prohibition to 
demand, require or 
accept any 
commission.
19. A  pitkal  may not demand, require or accept from any
fisherman or importer, directly or indirectly, any commission or
other remuneration whatsoever in respect of any fish sold by him.
Prohibition to 
accept payment.
20. A pitkal may not accept payment from retailers in respect
of any sale effected by him.
Co-operative 
Societies.
Added by:
L.N. 126 of 1989.
Substituted by:
L.N. 5 of 1992.
Cap. 278.
21. A co-operative society registered under the Co-operative
Societies Act, shall be paid by the Director a commission of four
point four per cent of the value of fish sold, insofar as the society
sells is ware from an adequate outlet to the satisfaction of the
Director.
Prohibition to act 
as retailer.
22. No person may act as retailer without a licence from the
Director.
Prohibition to 
purchase or 
acquire.
23. A retailer may not purchase or otherwise acquire fish by
wholesale except from a licensed  pitkal .
Prohibition to 
purchase or sell.
24. A retailer may neither purchase fish from nor sell fish to
another retailer.
Prohibition to 
remove fish 
purchased by 
retailer.
25. A retailer may not remove any fish purchased by him from
the fishmarket before the relative sale vouchers have been vetted
and stamped by the Director.
Price label.
Added by:
L.N. 103 of 1969.
Amended by:
L.N. 124 of 1979.
26. (1) There shall be exhibited on any fish or species of fish
exposed for sale a white label showing the price per kilogram
which such fish or species of fish is offered for sale.
(2) The figures on the said label shall be clearly written in ink
and shall be at least two point five centimetres high.
Payment for 
purchased fish.
27. Payment for fish purchased by retailers shall be made only
to the Director; such payment shall be effected within such time as
may be specified by the Director.
Director may 
require payment.
Amended by:
L.N. 38 of 1986.
28. The Director, and any  pitkal  in respect of any fish sold by
him, may, at his discretion, require payment to be effected before
any fish is removed from the fishmarket.
Failure to effect 
payment.
Amended by:
L.N. 38 of 1986.
29. Any retailer who does not effect payment as required by
regulations 27 and 28 shall be precluded from making any further
purchases. A list of such defaulters shall be furnished to every
4 [ S.L.425.02 FISH MARKETING
pitkal .
Retailer to carry 
with him purchase 
vouchers.
30. A retailer shall carry with him the purchase vouchers in
respect of any fish he is offering for sale and he shall produce such
vouchers on demand to any Fishery Officer or to any member of the
Police.
Fish hawker to 
wear badge.
31. Every fish hawker shall wear conspicuously on his arm a
badge indicating the number of the licence issued to him by the
Director. Such badge shall be issued by the Director on payment of
a fee of twenty-five cents and shall be returned to the Director
within two days of the day on which the licence is in any way
cancelled or suspended.
Fish hawker to sell 
fish where licence 
specifies.
32.   A fish hawker may sell fish only in the district or area
specified in his licence.
Permission to sell 
fish by retail.
33. Except as provided in regulations 22, 31 and 32, nothing in
these Regulations shall prevent a fisherman or a member of his
family from selling by retail any fish caught by the said fisherman.
Imported fish. 34. Imported fish shall be placed in a cold store licensed by the
Commissioner of Police directly it is landed in these Islands, unless
the immediate sale thereof is authorised by the Director.
Prohibition to take 
out fish placed in 
cold storage.
35. Fish placed in cold storage as above shall not be taken out
of cold storage or sold without the previous permit in writing from
the Director, who may, at his discretion, limit the quantity of fish
that may be taken out or sold.
Importers to 
furnish Director 
with return.
36. Importers shall, as soon as possible, and in no case later
than twenty-four hours after the completion of each operation,
furnish the Director with a return showing the quantity and quality
of all fish placed in cold storage as well as of that taken out thereof.
Director shall have 
the right to enter 
cold store.
37. The Director shall have the right to enter any cold store or
other premises where he has reason to believe that imported fish is
being stored and shall be given all facilities for the purpose of
checking the correctness of returns furnished to him by importers.
Transportation of 
fish in crates.
Added by:
L.N. 5 of 1992.
38. (1) The Minister may, by order in the Gazette, specify -
( a ) which fish crates have been approved for use at the
fish sales outlets; and
( b ) which fish that is being taken in or out of the fish sales
outlets may only be transported in the mentioned fish
crates.
(2) Whosoever knowingly breaks, damages or destroys a fish
crate referred to in sub-regulation (1)( a ) of this regulation, or
peruses such fish crate for any other purpose except the
transportation of fish, shall be guilty of an offence.
Inspection. 39. All fresh fish, whether locally caught or imported, shall, on
landing, be subject to inspection by any Fishery Officer. Where a
Fishery Officer has reason to believe that any fish is not in a
wholesome condition, he may seize the fish and cause it to be
examined by the sanitary authorities.
Issue of licences. 40. The licenses issued in terms of regulations 3 and 22 -
FISH MARKETING [ S.L.425.02 5
( a ) 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; and without prejudice to the grant subsequent to
that date of a new licence; and
( b ) shall not exempt the holder thereof from the
requirement of any licence under any other law that is
or may be in force.
Offences.
these Regulations shall be guilty of an offence against these
Regulations.
Offences against 
specified 
regulations.
Amended by:
L.N. 103 of 1969.
42. Any person guilty of an offence against regulations 22, 31
and 32 shall, on conviction, be liable to a fine ( multa ) of not less
than fifty cents   but not exceeding two liri for each offence; and any
person guilty of an offence against regulations 13, 23, 25, 26 and
30 shall, on conviction, be liable to a fine ( multa ) of not less than
five liri but not exceeding ten liri for each such offence.
Penalties.
which is not specified in regulation 42, shall on conviction, be
liable to fine ( multa ) of not less than ten liri but not exceeding fifty
liri for each such offence.
Offences to be 
deemed 
contraventions.
Cap. 9.
44. Offences under these Regulations are to be deemed
contraventions. The provisions of the Criminal Code relating to
criminal proceedings shall, subject as hereinafter stated, apply in
respect of proceedings for offences under these Regulations:
Provided that proceedings in respect of an offence under
these Regulations may be commenced at any time within one year
of the commission of the offence.
