                 SPIRITS         [ CAP.  41.  1
CHAPTER 41 
SPIRITS ORDINANCE
To amend the law relating to the manufacture of spirits and to make provision for other
purposes connected therewith.
(l5th November, 1911, as regards
Parts I to VII and IX to XI)
(lst June, 1937, as regards 
Part VIII) *
Enacted by ORDINANCE XI of 1911, as amended by Ordinances: VII of 1937, I of 1940;
Act VIII of 1949; Emergency Ordinance XIV of 1958; Ordinances: XVI of 1960, XXV of 1962;
Legal Notices: 4 of 1963, 46 of 1965; and Acts: XXXVIII and LVIII of 1974, XI of 1977, XV of
1980, XLIX of 1981, XIII of 1983, VIII of 1990 and XVI of 1995.
ARRANGEMENT OF ORDINANCE
* See  Gov. Not. No. 338 of 2nd November, 1911 and Gov. Not. No. 183 of 18th May, 1937.
Sections 
Part I. Preliminary Provisions 1-3 
Part II.  Licence for Distillation of Spirits and for making or selling
Stills   4-13 
Part III.  Regulation of Distilleries  14-29 
Part IV.  Spirits in Store  30-34 
Part V.  Colouring Matter  35-36 
Part VI.  Spirit Warehouse  37-49 
Part VII.  Sale, Removal and Exportation of Spirits 50-59 
Part VIII. Dealers and Retailers  60-66 
Part IX.  General Offences  67-73 
Part X. Powers and Procedure  74-96 
Part XI.  Supplemental Provisions  97-101 
SCHEDULE
  2        CAP. 41. ]              SPIRITS
PART I 
P RELIMINARY  P ROVISIONS
Short title. l. This Ordinance may be cited as the Spirits Ordinance.
Definition. 
Amended by: 
XIV.1958.2; 
XVI.1960.3; 
XXV.1962.4; 
L.N. 4 of 1963; 
XXXVIII.1974.2; 
XV. 1980.2.
2. In this Ordinance, unless the context otherwise requires,
"Comptroller" means the Comptroller of Customs and includes
any person having an express or implied authority to act for the
Comptroller of Customs;
"dealer" means a wholesaler dealer in wines, beer and spirituous
liquors;
"degrees Gay Lussac (ºG.L.)" means the alcoholic strength by
volume of a mixture of water and ethanol expressed as parts of
alcohol per 100 parts of the mixture, such alcoholic strength being
ascertained by means of an alcohol hydrometer in accordance with
International Alcohol Tables;
"distiller" means any person licensed under this Ordinance to
have, keep or make use of any distillery apparatus for the purpose
of distilling spirits;
"distillery" means any place at or in which any distillery
apparatus is situate, and includes any room or other place
contiguous or adjacent thereto and used in connection with the
manufacture or storage of spirits, and of which entry is required to
be made;
"distillery apparatus" means any still or any part of a still, and
includes any casks, receptacles, implements, instruments, pipes,
cocks, vessels, utensils and fittings of any description, used or
capable of being used with a still for the purpose of, or in
connection with the distillation of spirit;
"low wines" or "feints" means spirits conveyed into a feints
receiver or into the retort of a still, or mixed with wash for re-
distillation;
"master of a vessel" means the captain or other person for the
time being in charge of such vessel;
"officer" means any officer of Customs or of the Police; 
"package" means any cask, barrel, case or other receptacle which
contains or is capable of containing any spirits;
"person" includes an association or body of persons;
"proper officer" means the officer charged by lawful authority
with the performance of any particular duty under this Ordinance or
under the regulations;
"the regulations" mean the regulations made by the Minister
responsible for customs under this Ordinance;
"retailer" means a person holding a licence for the retail of
wines, beer and spirituous liquors under the law for the time being
in force in respect of such licences;
"spirits" mean spirits of any description;
                 SPIRITS         [ CAP.  41.  3
"vessel" means any ship, boat or craft of whatever description; 
"wash" means any liquid prepared for the distillation of spirits
whether fermentation has taken place or not.
Liabilities of 
person having 
wash and a still.     
Amended by: 
XIV.1958.2;  
XXV.1962.4; 
L.N. 4 of 1963.
3. Every person who makes or keeps wash, low wines or
feints, and has in his possession or uses a still or any distillery
apparatus (not being a still specially licensed by the Minister
responsible for customs, as hereinafter provided), shall, as respects
the duties, penalties and forfeitures imposed by law on distillers, be
deemed to be a distiller.
PART II
L ICENCE FOR  D ISTILLATION OF  S PIRITS AND FOR  M AKING OR 
S ELLING  S TILLS  
Prohibition of 
distilling, 
etc.,without 
licence. 
4. (1) It shall not be lawful for any person to have, keep or
make use of any distillery apparatus whatsoever for the purpose of
distilling spirits, without having first obtained a licence for that
purpose as hereinafter provided.
(2) Persons carrying on such trade or business in partnership,
in one and the same house or place, shall not be obliged to take out
more than one licence.
(3) The said licence shall not authorize the person or persons to
whom the same is granted to have, keep, or make use of any
distilling apparatus, or to distil any spirits in any house or place
other than that mentioned in such licence.
Application for 
licence. 
Amended by: 
XVI. 1960.3.
5. (1) Any person desiring to obtain the licence mentioned in
subsection (1) of the last preceding section, shall furnish the
Comptroller with a full description both of the still, setting forth
the kind, shape, dimensions and proportions thereof, as well as of
the premises in which the still is erected or is intended to be
worked, and also with a statement in writing specifying the name
and place of residence of himself and of the principal person under
whose actual management or superintendence the said trade or
business is intended to be carried on, and setting forth further that
the applicant is the owner of the still, or the duly authorized
representative or agent of the owner or occupier of the premises on,
or in which such still is to be worked.
(2) If, at any time while such licence is in force, a change takes
place in the ownership of the still, or another person is entrusted
with the actual management or superintendence of the said trade or
business, a further statement thereof shall be forthwith made in the
manner prescribed in subsection (1) of this section.
(3) Every such statement shall be signed or marked by the
person making the same, and shall be registered by the Comptroller
in a book to be kept for the purpose.
  4        CAP. 41. ]              SPIRITS
Refusal to issue 
licence. 
Amended by: 
XIV. 1958.2; 
XVI. 1960.3; 
XXV. 1962.4; 
L.N. 4 of 1963.
6. (1) The Comptroller may refuse to grant the said licence to
any person applying for it. But in case of refusal the Comptroller
shall deliver to such person a statement in writing of the grounds of
his refusal.
(2) Any person aggrieved by such refusal may, within fourteen
days after receiving the said statement, appeal therefrom to the
Minister responsible for customs whose decision on such appeal
shall be final.
Duration of 
licence.
7. Every licence granted under the foregoing sections shall
expire on the 3lst December of the year in which it takes effect.
Penalty on person 
distilling spirits 
without licence. 
Amended by: 
XIII. 1983.5. 
8. Subject to the provisions of section 11, every person who,
not having a licence as hereinbefore required, has, keeps, or makes
use of any distillery apparatus or any part thereof, or distils any
spirits, shall, unless he be acting for and by the authority and for
the benefit of a licensed distiller, and in conformity with the
licence granted to such distiller, be liable to a fine ( multa ) not
exceeding two hundred liri and to imprisonment for a term not
exceeding eighteen months.
Penalty for 
erection of 
distillery apparatus 
on premises not 
licensed. 
Amended by: 
XLIX. 1981.4; 
XIII. 1983.5.
9. Every person who, being a distiller or the manager or the
person in charge of a licensed distillery, erects, plants, or works
any distillery apparatus upon any premises other than those
mentioned in the licence granted for such apparatus, shall be liable
to a fine ( multa ) not exceeding one hundred liri and to
imprisonment for a term not exceeding six months, and such
distillery apparatus, and all spirits which may be proved to have
been distilled on such premises, shall be liable to be forfeited.
Cancellation or 
suspension of 
licence.
Amended by: 
L. N. 4 of 1963; 
XVI.1995.23. 
Cap. 37. 
Cap. 382.
10. If a distiller is convicted of an offence against this
Ordinance or against the Customs Ordinance or the Excise Duty
Act, the Minister responsible for customs may direct his licence to
be cancelled or to be suspended for such time as the Minister
responsible for customs may think fit.
Power to grant 
special licence for 
purposes of 
scientific research, 
etc. 
Amended by: 
XVI.1960.3;  
L.N. 4 of 1963.
11. (1) The Comptroller may, with the sanction of the
Minister responsible for customs and subject to the regulations,
grant a  special licence to keep and use a still to any person, for the
purpose of scientific research, or to any apothecary or other person
but only for the preparation, in the exercise of his profession or
trade, of medicines or other articles required for medicinal
purposes, or as the case may be, of the articles manufactured by
such other person.
(2) Any person to whom such special licence is granted shall
not be deemed to be a distiller and shall not be subject to the
provisions of Parts II to V.
(3) Every such licence shall expire on the 31st December of the
year in which it is issued.
(4) The Minister responsible for customs may, at any time, in
his discretion, cancel any such licence.
                 SPIRITS         [ CAP.  41.  5
Prohibition of 
making or keeping 
wash without 
licence. 
Amended by: 
XV. 1980.3; 
XIII. 1983.5.
12. (1) It shall not be lawful for any person, not being a
distiller or the holder of a licence granted under the last preceding
section, to make, or keep, or have in his possession any quantity of
wash, low wines, or feints or of any two or more of those articles
exceeding five litres.
(2) The same rule shall apply to any distiller or holder of a
licence granted as aforesaid in respect of any building or place to
which his licence does not extend.
(3) Every person making, keeping or having in his possession
any wash, low wines or feints in contravention of this section shall
be liable to a fine ( multa ) not exceeding fifty liri.
Making or 
repairing stills 
without a licence. 
Amended by: 
XVI. 1960.3.
13. (1) No person shall make, or repair, or keep for sale, or
sell any still or any part thereof without first obtaining a licence for
so doing from the Comptroller.
(2) Such licence shall expire on the 31st December of the year
in which it takes effect.
(3) The Comptroller may require any person applying for such
licence to state his name and abode and the situation of the place
where he carries on his trade, and to furnish such other particulars
as the Comptroller may deem fit to require.
(4) The Comptroller may refuse to give such licence without
assigning any reason for his refusal.
(5) Every person to whom such licence is granted shall keep a
book in which he shall enter the following particulars:
( a ) the name and address of any person to or for whom
any still or part of a still has been sold, made or
repaired;
( b ) the place where such still or part of a still has been
sold, made or repaired;
( c ) the time at which such still or part of a still was
delivered to the person to, or for whom it was sold,
made or repaired; and
( d ) the capacity of such still.
(6) Such book shall, at all reasonable times, be open to
inspection by any officer.
(7) The provisions of this section shall not apply to any person
engaged by a distiller to make any alterations or repairs to or in any
still lawfully kept by such distiller.
  6        CAP. 41. ]              SPIRITS
PART III
  R EGULATION OF  D ISTILLERIES
Description of still. 
Schedule. 
Amended by: 
XVI. 1960.3; 
XV. 1980.4.
14. (1) Every still used by a distiller shall be erected and
worked in the manner set out in the Schedule hereto, and shall be so
constructed that the spirit distilled shall be received in a locked
receiver, to which access shall not be obtainable except in the
presence of the proper officer.
(2) Every cock or valve kept or used by a distiller must, when
the Comptroller so requires, be furnished with a fastening provided
by the distiller and approved by the Comptroller, and with a
revenue lock, provided by the Comptroller at the expense of the
distiller, and such fastening and lock must be affixed to the
satisfaction of the proper officer.
(3) No spirit run into the spirit receiver may be removed
therefrom without the permission of the proper officer.
(4)  Except in the presence of the proper officer, access may
not be had to the end of the worm of the still, or to any spirit, from
the time of the distillation thereof until it is taken account of in the
receiver by the proper officer.
(5) The key of every test case and spirit receiver shall be kept
by the proper officer, who alone shall open such test case and
receiver. The proper officer shall enter in the distillery record book
the quantity of spirits at 57° Gay Lussac contained in such receiver
and after such entry the spirits shall, subject to the provisions of
this Ordinance, be at the disposal of the distiller.
Mode of making 
entry of premises, 
etc. 
Amended by: 
XVI. 1960.3: 
L.N. 4 of 1963; 
XV. 1980.5;
XIII. 1983.5.
15. (1) Every distiller must, when applying for a licence to
distil spirits, make entry of the premises, vessels, utensils and
fittings intended to be used by him, by signing and delivering to the
proper officer, for the information of the Comptroller, an account
in the prescribed form, setting forth with the prescribed particulars:
( a ) his name and abode, and situation of the premises
intended to be entered; and
( b ) a true and particular description of every vessel,
utensil and fitting, other than buckets and similar
vessels and utensils, intended to be used on those
premises for the purpose of his business; and
( c ) the number of litres which every still with its head is
capable of containing, or the number of litres of wash
per hour which every still is capable of distilling; and
( d ) the purpose for which each such vessel and utensil is
intended to be used; and
( e ) the number of litres of wash which each wash vat is
capable of containing; and
( f ) every house, room, and place in which any part of his
business is to be carried on, or any spirits are to be
kept; and
( g ) the purpose for which each such house, room, or place
                 SPIRITS         [ CAP.  41.  7
is intended to be used.
(2) In the event of any disagreement between a distiller and the
proper officer as to the capacity of any vessel for the purposes of
this or any other section of this Ordinance, the actual capacity shall
be ascertained by filling the vessel and measuring off the contents
by such method as shall be authorized by the Minister responsible
for customs.
(3) In the account, every vessel, utensil, fitting, house, room,
and place must be distinguished by the name and number painted
thereon.
(4) No vessel, utensil, fitting, house, room, or place must be
described in the account as intended to be used for more than one
purpose.
(5) If any vessel, utensil, fitting, house, room or place used by
a distiller, for any purpose connected with his business -
( a ) is not specified in the account required to be delivered
on making entry; or
( b ) is not numbered as so specified; or
( c ) is in any other place, or used or applied for any other
purpose than as so specified; or
( d ) does not in all respects correspond with the
representation thereof as so specified, 
the distiller shall be liable to a fine ( multa ) not exceeding fifty liri,
and every such vessel, utensil or fitting, with its contents, and all
spirits or materials for distilling spirit found in any such house,
room or place, shall be liable to be forfeited.
(6) Where any change is intended to be made in the level of any
receiver, the distiller shall give written notice thereof to the
Comptroller, at least seven days before such change is made. Any
distiller making default in complying with this requirement shall be
liable to a fine ( multa ) not exceeding fifty liri.
(7) Where any change takes place in respect of any matter or
thing mentioned in the account, a memorandum thereof shall be
delivered to the Comptroller by the distiller within six days next
after the change has taken place; and if the distiller makes default
in complying with this requirement, he shall be liable to a fine
( multa ) not exceeding two liri for every day during which such
default continues.
Notice of distilling 
operations.
16. Every distiller shall give at least two days previous notice
in writing to the proper officer of the date when distilling
operations will commence and when such distilling operations will
cease during each distilling period.
Re-distillation or 
destruction of 
refuse or sediment. 
Amended by: 
XV. 1980.6.
17. (1) It shall be lawful for a distiller to re-distil or destroy
any refuse matter or sediment removed by him from his spirit store,
provided he shall enter in his stock book the quantity of spirits
computed at 57° Gay Lussac contained in such refuse matter or
sediment at the time of removal from such spirit store, and the
quantity obtained by re-distillation.
  8        CAP. 41. ]              SPIRITS
(2) Before any such refuse matter or sediment is re-distilled or
destroyed as aforesaid, the distiller must give at least twenty-four
hours’ notice to the proper officer, and such officer, or any person
authorized by him in writing, shall take a sample of such refuse
matter or sediment, and submit the same to the government analyst
for determination of the proportion of spirits therein.
Re-distillation 
permitted.
18. (1) If, for any cause, proved to the satisfaction of the
proper officer, any spirits require to be re-distilled, the said officer
may authorize the distiller to carry out such re-distillation.
(2) In any such case the spirits shall be mixed with wash in the
presence of the proper officer before being re-distilled.
Taking of samples 
of wash.
19. It shall be lawful for any officer of customs, at any time, to
take an account of all wash in any licensed distillery, as well as to
take such samples of any wash, low wines, feints, or spirits from
any vessel as he may think proper, and test the gravity of such
samples or submit the same for analysis by the government analyst.
Checking quantity 
of spirits produced 
from wash. 
Amended by: 
XVI. 1960.3; 
L.N. 4 of 1963; 
XV.1980.7.
20. (1) If at any time it appears to the Comptroller that the
quantity of spirits produced by any distillery is less than nine-
tenths of a litre of spirits at 57° Gay Lussac in respect of every five
degrees of attenuation on every hundred litres of wash distilled, the
Minister responsible for customs may cause enquiry to be made,
and if the distiller fails to show to his satisfaction that the
deficiency in production has legitimately arisen, the Minister
responsible for customs may cause an officer to be specially
employed to superintend the working of the distillery.
(2) All expenses incurred in connection with the employment
of the said officer shall be borne by the distiller:
  Provided that, where such officer reports that the deficiency in
production is not due to any unlawful act on the part of the distiller,
the latter shall not be called upon to pay such expenses.
Prohibition of 
mixing spirits or 
low wines with 
other matters. 
Amended by: 
XVI. 1960.3; 
XV. 1980.8; 
XIII. 1983.5.
21. (1) There must not be mixed with or added to any spirits
in a distillery any substance which increases the gravity thereof and
prevents the true strength thereof from being ascertained by
hydrometer, before the proper officer has taken an account of the
quantity of such spirits in the manner hereinafter provided.
(2) There must not be mixed with or added to any low wines or
feints in a distillery any substance which increases the gravity
thereof and prevents the true strength thereof from being
ascertained by hydrometer:
  Provided that nothing shall prevent the addition, in the retort, of
low wines or feints with wash or with such other substance as may
be necessary.
(3) For any contravention of the provisions of this section, the
distiller shall be liable to a fine ( multa ) not exceeding fifty liri.
(4) The government analyst shall, from time to time, determine
by analysis the obscuration in any sample of low wines, feints or
spirits, submitted to him by the Comptroller for this purpose, and if
                 SPIRITS         [ CAP.  41.  9
upon such analysis, any such sample is found to be obscured to a
greater extent than two and one-half degrees Gay Lussac, the low
wines, feints or spirits shall be deemed to have been fraudulently
dealt with, and the distiller shall be liable to a fine ( multa ) not
exceeding fifty liri.
Record book: 
particulars to be 
contained therein. 
Amended by: 
XV. 1980.9.
22. (1) Every distiller shall provide and keep in his distillery a
record book which shall be in the following form and shall contain
the following information:
Period from                                        to     
(2) The distiller shall make these entries forthwith as the
respective operations proceed.
(3) The proper officer shall enter the quantity of spirits found
in the receiver and delivered by him to the distiller, and the distiller
or his authorized agent shall countersign the entry as
acknowledgement of the delivery of such quantity of spirits to him.
(4) The distiller shall keep the record book in some secure
place in the spirit store, open to inspection by any officer, and shall
allow such officer to make any entry therein or take any extract
therefrom for a period of not less than six months after it is filled
up.
(5) If any distiller - 
WASH ACCOUNT      SPIRIT ACCOUNT
Wash set up Wash 
attenuated
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distiller. 
  10        CAP. 41. ]              SPIRITS
( a ) fails to keep such book, or to produce the same when
required by any officer to do so; or
( b ) fails to make in such book any entry required to be
made therein; or
( c ) makes any fraudulent entry in such book,
he shall be liable to a fine ( multa ) not exceeding one hundred liri. 
(6) If any distiller commits an error in making any entry
required to be made in the record book, he must not obliterate or
erase the incorrect entry, but must cancel the same by drawing a
thin line through it, and then make the correct entry. If the distiller
contravenes this provision he shall be liable to a fine ( multa ) not
exceeding ten liri.
Stock-book. 
Amended by:
XV. 1980.10.
23. (1) Every distiller must keep in his distillery a stock-book,
which shall be in the following form and shall contain the
following information:   
(2) The stock for revenue purposes may be balanced by the
proper officer at any time, but in no case less than once in every
month and the details of such account shall be entered in the said
book.
Transmission of 
certified copy of 
entries in record 
book 
Amended by: 
XVI. 1960.3.
24. (1) Every distiller must, on or before the sixth day of each
month, forward to the Comptroller an abstract, certified by such
distiller or by his agent duly authorized in writing for such purpose,
of the particulars in respect of the month immediately preceding,
contained in the records which such distiller is required to keep
under sections 20 and 21.
(2) Such abstract shall show the transactions for each complete
distillation period.
Date  Balance 
from last 
account      
Quantity  from 
spirit   receiver Delivered
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                 SPIRITS         [ CAP.  41.  11
(3) "Distillation period" means the period between two
successive visits of the proper officer for the purpose of delivering
spirits.
Locks and 
fastenings. 
Amended by: 
XVI. 1960.3.
25. (1) Every store, warehouse, room, place, vessel, utensil or
fitting used for any purpose under this Ordinance, shall be secured
with proper locks and fastenings, to the satisfaction of the
Comptroller.
(2) If the distiller fails so to secure any such store, warehouse,
room, place, vessel, utensil or fitting, or fails to keep it secure, the
Comptroller may provide the proper locks and fastenings, and the
cost thereof shall be paid by the distiller.
Receiver in spirit 
store.
26. Every distillery must, before it is licensed, be fitted with a
sufficient receiver placed between the test case and the vats within
the spirit store, and such receiver must be in accordance with the
requirements of the Schedule hereto.
Distiller to provide 
scales, weights and 
measures. 
Amended by: 
XVI. 1960.3; 
XIII. 1983.5.
27. (1) Every distiller must provide sufficient and just scales,
weights and measures approved by the Comptroller, for the purpose
of weighing, measuring and taking an account of the spirits in his
possession, and of any packages used for the purpose of containing
any such spirits.
(2) The distiller must maintain and keep the scales, weights and
measures in such proper and convenient place in his spirit store as
the Comptroller directs, and so that the same shall be at all times
ready for the inspection and use of any officer.
(3) The distiller must permit any officer to use the scales,
weights and measures for the purpose aforesaid, and must, with his
servants and workmen, whenever required by any officer, weigh or
measure, and assist him in weighing or measuring, as he requires,
and in taking account of any such spirits as aforesaid.
(4) If any distiller refuses or neglects to comply with any of the
foregoing provisions of this section, he shall be liable to a fine
( multa ) not exceeding one hundred liri.
(5) If any distiller - 
( a ) provides, or uses, or permits to be used any false,
unjust or insufficient scales or weight or measure for
the purpose aforesaid; or
( b ) practises any device or contrivance by which any
officer may be prevented from, or hindered or
deceived in taking the just and true quantity, weight or
measure of any spirits or of any package, 
he shall be liable to a fine ( multa ) not exceeding two hundred liri,
and any such scales, weights and measures, shall be liable to be
forfeited.
Marking of 
packages. 
Amended by: 
XVI.1960.3; 
XIII.1983.5.
28. (1) Every distiller must legibly cut, brand, or paint with
oil colours on the outside of every movable package on his
premises for keeping or delivering spirits, and keep so cut, branded,
or painted, the distillery mark, the progressive number of the
package and the year, the tare of the package and the capacity of
  12        CAP. 41. ]              SPIRITS
the same.
(2) The distiller must give to the Comptroller a notice in
writing of the date when the progressive numbers commence and of
the date when they terminate.
(3) If a distiller fails to comply with the requirements of this
section he shall be liable to a fine ( multa ) not exceeding ten liri and
the package, together with any spirits contained therein, shall be
liable to be forfeited.
Comptroller shall 
grant relief in case 
of loss in certain 
cases. 
Amended by: 
XVI. 1960.3.
29. The Comptroller shall grant relief to any distiller who
proves actual loss of spirits by reason of accident or malicious
destruction of property:
  Provided that no such relief shall be granted, unless the distiller
has, at the time of such loss, entered the particulars thereof in his
stock-book, and has also, within twenty-four hours of the discovery
of such loss, given notice thereof to the proper officer.
PART IV 
S PIRITS IN  S TORE
Provision and 
securing of spirit 
store.
Amended by:
XVI. 1960.3; 
XIII. 1983.5.
30. (1) Every distiller must provide in his distillery a spirit
store of sufficient size to contain all necessary receivers, and to
store all spirits manufactured in his distillery until such spirits are
removed to a spirit warehouse or sold to a dealer or retailer.
(2) A part of the spirit store shall be set apart solely for the
storage of spirits distilled, of colouring matter, and of packages
intended for the removal of spirits. It shall be a secure place
approved by the Comptroller.
(3) The spirit store must be kept locked by the proper officer at
all times except when he is in attendance.
(4) If a distiller fails to comply with any of the provisions of
this section, he shall be liable to a fine ( multa ) not exceeding one
hundred liri.
(5) If any spirits are found in any part of a distillery other than
a spirit receiver or the spirit store, or in any place adjacent to or
adjoining a distillery, such spirits shall be liable to be forfeited and
the distiller shall be liable to a fine ( multa ) not exceeding one
hundred liri.
Conveyance of 
manufactured 
spirits from the 
receiver into the 
spirit store. 
Amended by: 
XVI. 1960.3; 
XV. 1980.11; 
XIII. 1983.5.
31. (1) All the spirits manufactured by a distiller must be
conveyed directly from the spirit receiver into the spirit store, and,
save as provided in subsection (4) of this section, shall be
warehoused in a spirit warehouse provided under this Ordinance,
within ten days from the time when such spirits are delivered by the
proper officer to the distiller, unless permission to the contrary is
given by the Comptroller.
(2) Nevertheless, at the end of a distilling period, it shall be
lawful for a distiller to retain in his spirit store a balance of spirits
                 SPIRITS         [ CAP.  41.  13
not exceeding four hundred and fifty litres, provided that in such
case such spirits shall be warehoused during the next distilling
period.
(3) If any distiller fails to comply with the requirements of this
section, he shall forthwith pay or cause to be paid to the
Comptroller the duty payable in respect of any spirits not
warehoused as aforesaid, and, in addition, he shall be liable to a
fine ( multa ) not exceeding one hundred liri for each such offence.
(4) Distillers may sell to any dealer or retailer any quantity of
spirits exceeding one hundred litres direct from the distillery,
provided the proper officer shall have full knowledge of the
transaction, and provided the duty thereon shall be paid according
to his decision as to strength and quantity, and at the rate leviable
in accordance with the law for the time being in force.
Storing of spirits. 
Amended by: 
XVI. 1960.3; 
XIII. 1983.5.
32. (1) Except with the written permission of the Comptroller,
no spirits may be brought into a distiller’s spirit store unless they
have been distilled in his distillery, and run directly from the still
into the store or through a locked receiver.
(2) Except with the written permission of the Comptroller, no
spirits which have been removed from the store may be brought
back into the store.
(3) If any spirits are brought into or found in a distiller’s spirit
store in contravention of this section, the distiller shall be liable to
a fine ( multa ) not exceeding two hundred liri and the spirits shall be
liable to be forfeited.
(4) All spirits in the store must be filled into packages in the
prescribed manner.
(5) The capacity of each package shall be ascertained by
weighing the same with the spirits contained therein, using the
tables prepared, signed and issued by the Comptroller for the
purpose, and the quantity ascertained thereby shall be deemed to be
the true quantity in accordance with the regulations made for that
purpose.
Removal of spirits 
from store.  
Amended by: 
XVI. 1960.3; 
XV. 1980.12 
XIII.1983.5
33. (1) Spirits may not be removed from the store in any
quantity less than one hundred litres, except with the express
sanction of the Comptroller.
(2) Spirits may not be removed from the store except to a spirit
warehouse, or for exportation in the manner hereinafter mentioned
or to be conveyed, under permit of the Comptroller and after
payment of the duty thereon, to a dealer or retailer. Nevertheless
the Comptroller may, on the application in writing of the distiller,
permit him to remove spirits from the store for his own
consumption on payment of the duty, provided that no such
permission shall authorize the removal of less than twenty litres at
a time, or of a quantity exceeding two hundred litres in any one
year.
(3) The distiller must, not less than twenty-four hours before
removing any spirits from the store, give the proper officer a notice
in writing, specifying the time of the intended removal and the
  14        CAP. 41. ]              SPIRITS
quantity to be removed.
(4) The proper officer shall re-weigh and examine the strength
of the spirits and the contents of at least one package in every five,
of each consignment to the spirit warehouse, and endorse on the
certificate the number and the marks of the packages examined by
him.
(5) In case of emergency, special permission for the removal of
spirits may be granted by the Comptroller.
(6) If any spirits are removed from a distiller’s spirit store in
contravention of this section, the distiller shall be liable to a fine
( multa ) not exceeding two hundred liri and the spirits shall be liable
to be forfeited.
Account of stock 
and penalty for 
deficiency. 
Amended by: 
XV. l980.13;
XIII. 1983.5.
34. (1) The proper officer shall from time to time take an
account in the prescribed manner of the quantity of spirits in a
distiller’s spirit store.
(2) Each time an account of the quantity of spirits in a distillery
is taken as aforesaid, the proper officer shall take a sample of
spirits from each receiver, vat, or other vessel containing coloured
spirits, and shall submit all the samples taken at one time from a
distillery, mixed together, to the government analyst, in order that
he may determine by analysis and certify the apparent and the true
quantity of spirits at 57° Gay Lussac in such mixed sample.
(3) If the true quantity of spirits computed at 57° Gay Lussac
found in the store is less than the quantity which, according to the
account so taken, ought to be therein, as shown by the distillery
stock-book, the distiller shall be liable to a fine ( multa ) not
exceeding one hundred liri:
  Provided that a distiller shall not be liable to any penalty under
this section, if the deficiency does not exceed two  per centum  on
the balance struck when the account was last taken, together with
the quantity manufactured during the distilling operation carried
out in the period covered by the notice given under section 16.
PART V
  C OLOURING  M ATTER
Use of spirits in 
fortifying 
colouring matter. 
Amended by: 
XVI. 1960.3: 
XV.1980.14; 
XIII. 1983.5.
35 . (1) Nothing in this Ordinance contained shall prevent a
distiller from using spirits in the fortifying of colouring matter,
subject to the following rules:
( a ) spirits shall not be used in the making of the colouring
matter;
( b ) when made, the colouring matter shall be conveyed
into the spirit store, and there fortified with spirits; 
( c ) the spirits so drawn for the purpose of the fortification
shall be shown in a separate account, both at 57° Gay
Lussac and in bulk;
                 SPIRITS         [ CAP.  41.  15
( d ) if such colouring matter is used in the spirit store for
colouring spirits, no duty shall be chargeable on the
spirit contained in the colouring matter so used;
( e ) if such colouring matter is removed to another
distillery, no duty shall be chargeable on the spirits so
removed, but the colouring matter shall only be
removed on a permit issued by the Comptroller. The
distiller who delivers out the colouring matter shall
make an entry in his stock-book crediting the quantity
of spirits at 57° Gay Lussac contained in the colouring
matter delivered by him, and the distiller who received
the colouring matter shall make an entry in his stock-
book debiting the quantity of spirit at 57° Gay Lussac
contained in such colouring matter;
( f ) duty shall be payable on the quantity of spirit at 57°
Gay Lussac contained in such colouring matter, at the
rate for the time being payable on spirits taken out of
bond for consumption in Malta;
( g ) all colouring matter so removed shall be accompanied
by a permit, and such permit shall not be issued until
the duty payable thereon, if any, has been paid;
( h ) notice shall be given to the proper officer as in the case
of removal of spirits; and
( i ) all packages containing colour shall be marked as
such.
(2) If a distiller contravenes this section he shall be liable to a
fine ( multa ) not exceeding two hundred liri.
Testing of 
colouring matter. 
Amended by: 
XV.1980.15; 
XIII. 1983.5. 
36. (1) Any officer of customs may take samples of colouring
matter from any package for the purpose of ascertaining the
quantity of spirits at 57° Gay Lussac contained therein.
(2) The quantity of spirits at 57° Gay Lussac contained therein
shall be ascertained by the government analyst or by the customs
testing officer.
(3) If the quantity of spirits at 57° Gay Lussac so found in the
sample is greater or less, to the extent of ten  per centum  than the
quantity shown by the stock account to have been used, the distiller
shall be liable to a fine ( multa ) not exceeding one hundred liri.
PART VI
  S PIRIT  W AREHOUSE
Power of Minister 
responsible for 
customs to appoint 
spirit warehouse. 
Amended by: 
XVI. 1960.3;
L.N. 4 of 1963. 
37. The Minister responsible for customs may, from time to
time, by notice in the Government Gazette, appoint any suitable
place or building to be a warehouse for the warehousing of spirits
without payment of duty, and every such warehouse shall be under
the charge of the Comptroller.
  16        CAP. 41. ]              SPIRITS
Delivery of spirits 
for consumption 
not permitted 
before payment of 
duty.  
Amended by: 
XIII. 1983.5.
38. (1) No spirits sold from a distillery for consumption in
Malta shall be delivered to the purchaser until the duty thereon is
paid according to the quantity and strength of such spirits at the
time of removal.
(2) Every person who - 
( a ) delivers any spirits so sold contrary to the provisions
of this section; or
( b ) knowingly causes or permits such spirits to be so
delivered on his account for consumption as aforesaid,
shall be liable to a fine ( multa ) not exceeding two hundred liri and
the spirits so delivered shall be liable to be forefeited, together with
any conveyance and animals employed in such delivery.
Taking account of 
spirits on arrival at 
warehouse. 
Amended by 
XVI. 1960.3; 
XV. 1980.16; 
XIII. 1983.5.
39. (1) On the arrival at a spirit warehouse of any spirits
required to be warehoused therein under the provisions of this
Ordinance, the officer in charge of such warehouse may take an
account of the quantity by weight and strength of such spirits, and
may enter such account, together with the mark and number of each
package containing the spirits, in a book to be kept by him for that
purpose.
(2) The said officer shall give to the distiller or his agent a
certificate under his hand, specifying the mark and number of each
package and the several particulars ascertained by him, with an
indication of the day, month and year when such spirits were
warehoused, the date and number of the certificate under which
such spirits were received and the name of the distiller who granted
the same.
(3) If the quantity of spirits at 57° Gay Lussac in any package
received at a spirit warehouse is found to be less than the quantity
of spirits at 57° Gay Lussac sent out of a distillery to the spirit
warehouse, the distiller shall become chargeable with duty on such
deficiency at the rate of duty leviable on spirits taken out of bond
for consumption:
  Provided that the distiller shall not be liable for such payment
of duty, if the deficiency does not exceed the following quantities,
that is to say, from the time the spirits are drawn off from the spirit
store receivers in a distillery until the spirits are received in a spirit
warehouse:
( a ) two litres of spirits at 57° Gay Lussac  per centum  for
the first week;
( b ) one half litre of spirit at 57° Gay Lussac  per centum
for the next two weeks; and
( c ) one litre of spirit at 57° Gay Lussac  per centum  per
month for the remainder of the period until the spirit is
warehoused in the spirit warehouse.
(4) Such duty shall be payable on the demand of the
Comptroller.
(5) If such duty remains unpaid for six days after such demand
has been made, the distiller shall become liable to a fine ( multa ) not
                 SPIRITS         [ CAP.  41.  17
exceeding twenty liri, and all the spirits warehoused in the name of
such distiller may be retained by the Comptroller in satisfaction of
such duty.
Removal of spirits 
from warehouse. 
Amended by: 
XVI. 1960.3.
40. If any spirits stored in a spirit warehouse are not removed
therefrom within three years from the day on which the same were
first warehoused therein, it shall be lawful for the Comptroller,
after one month’s notice in the Government Gazette, to sell the
same by public auction, and to deduct from the proceeds of such
sale the amount of storage due in respect of such spirits, and the
balance of such proceeds, after payment of the duty due on such
spirits, shall be paid to the owner thereof on his application:
  Provided that nothing in this section shall prevent the maturing
of spirits in a spirit warehouse, under such conditions as may be
prescribed by the regulations in that behalf.
Power to permit 
dealing with spirits 
in warehouse. 
Amended by: 
XVI. 1960.3.
41. It shall be lawful for the Comptroller, subject to the
regulations, to permit the owner of any spirits stored in a spirit
warehouse to strengthen, reduce, colour, skip, or shift into larger or
smaller packages, and to bottle, mix or blend, such spirits; but if
such spirits are intended for consumption in Malta, an account of
the quantity thereof shall be taken in the manner prescribed in the
next following section, and duty and storage paid thereon
previously to such permission being granted.
Ascertaining liquid 
quantity on 
removal from 
warehouse. 
Amended by: 
XV. 1980.17.
42. Any spirit removed from a spirit warehouse for
consumption in Malta shall be tested, and the liquid quantity in
each package ascertained, by taking the wet centimetres of each
package, whereby the actual liquid contents of such package at the
time of its removal from such warehouse, having regard to the
capacity of the package as marked thereon may be ascertained:
  Provided that it shall be lawful for the officer in charge of such
warehouse to ascertain the quantity of liquid in any such package
by actual measurement or by measurement by calipers, whenever
such officer has reason to doubt the correctness of the capacity of
such package as marked thereon.
Spirits removed 
from warehouse 
for exportation.
43. Spirits removed from the spirit warehouse for exportation
may be tested, and an account of the quantity thereof taken, at the
time of such removal, by any officer, in the manner prescribed in
the last preceding section.
Hours of removal 
from warehouse. 
Substituted by: 
XI. 1977.2.
44. Spirits may be removed from a spirit warehouse on any
day, other than Saturdays and Sundays, between eight in the
morning and four in the afternoon.
Payment of duty on 
spirits for 
consumption.
45. The duty payable on spirits intended for consumption in
Malta shall be paid before such spirits are removed from a spirit
warehouse or distillery spirit store, as the case may be.
Procedure for 
removal of spirits 
from warehouse. 
Amended by: 
XVI. 1960.3.
46. (1) The officer in charge of the warehouse or the proper
officer shall, on the application of any person desirous of removing
spirits from such spirit warehouse, or from a distillery spirit store
for consumption in Malta, deliver to such person a form showing
the quantity of spirits to be removed, the amount of duty payable
  18        CAP. 41. ]              SPIRITS
thereon, the amount of storage due and the place to which the
spirits are intended to be removed.
(2) Such person shall thereupon pay to the Comptroller the
amount so stated to be due, and obtain from him a receipt for such
payment; and the officer shall, on production to him of such
receipt, issue a permit in the prescribed form.
(3) Spirits intended for exportation shall be removed from the
spirit warehouse in accordance with the provisions hereinafter
contained.
Spirits for ship’s 
stores.
47. Spirits bonded in a spirit warehouse may be issued for
ship’s stores in such quantities and under such restrictions as may
be prescribed by the laws for the time being in force, relating to
customs, and by the regulations.
Shipping or 
clearing for 
consumption of 
spirits without 
bonding.
48. If, on the arrival of any spirits at a spirit warehouse, the
owner of such spirits desires to export the same forthwith, or to pay
duty thereon for consumption in Malta without actually
warehousing the same in the warehouse for which they had been
entered and examined, the officer in charge of such warehouse
may, after all the formalities of entering and examining such spirits
for warehousing have been complied with, permit such spirits to be
entered and shipped for exportation or to be entered and delivered
for consumption in Malta, on payment of the duty payable thereon,
as if such spirits had been actually warehoused in the warehouse;
and all spirits so exported, or for which the duty has been so paid,
as the case may be, shall be deemed to have been duly cleared from
the warehouse.
Books to be kept at 
spirit warehouse. 
Substituted by: 
XV. 1980.18.
49. (1) A book to be called "Receipt and Delivery Book" shall
be kept at every spirit warehouse in the following form:   
(2) A book to be called "Warrant Book" shall also be kept at
every spirit warehouse in the following form:         
 Account for receipt Account for delivery Deficiencies
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                 SPIRITS         [ CAP.  41.  19
                                                                                        
Date of delivery) ..........................................................
(Signature of officer) ......................................................
PART VII
S ALE,  R EMOVAL AND  E XPORTATION OF  S PIRITS
Minimum quantity 
of spirits to be sold 
by distiller. 
Amended by: 
XVI.1960.3; 
XV. 1980.19;  
XIII. 1983.5.
50. (1) No distiller shall sell or otherwise dispose of any one
package containing a less quantity of spirits than forty litres, for
consumption in Malta, or one hundred litres for exportation,
except, in the latter case, with the express sanction of the
Comptroller.
(2) Every person who contravenes this section shall be liable to
a fine ( multa ) not exceeding one hundred liri.
Minimum quantity 
of spirits to be sold 
by dealers. 
Amended by: 
XV. 1980.20; 
XIII. 1983.5.
51. (1) A dealer must not, unless he has an additional licence
authorizing him so to do, sell, send out, or deliver spirits in any less
quantity than ten litres of the same denomination at a time, to or for
the same person.
(2) If a dealer contravenes this section, he shall be liable to a
fine ( multa ) not exceeding fifty liri.
Sale by retail. 
Amended by:
XV. 1980.21.
52. The sale of spirits of the same denomination in any
quantity less than ten litres shall be deemed to be sale by retail.
General provisions 
relating to permits 
and certificates. 
Amended by: 
XIII. 1983.5.
53. (1) Permits for the removal of spirits shall be issued only
by an officer of customs.
(2) A certificate may be issued by a dealer for the removal of
spirits from his duty-paid stock.
(3) No spirits may be sent out or delivered from a distiller’s
spirit store unless accompanied by a permit.
Receipt Account Delivery Account   Deficiencies
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  20        CAP. 41. ]              SPIRITS
(4) No spirits may be removed from a spirit warehouse unless
accompanied by a permit.
(5) No spirits may be received into the stock of any dealer or
retailer without a permit or certificate.
(6) Subject to the provisions of section 51, no spirits may be
sold, sent out, delivered, or removed from the stock of a dealer
unless accompanied by a certificate.
(7) All spirits found to have been sent out, delivered or
removed, or in course of being sent out, delivered or removed, in
contravention of this or any other section, together with all horses,
or other animals, and vehicles made use of in conveying the same,
shall be liable to be forfeited, and every person concerned in the
sending out, delivering or removal of such spirits, or in whose
possession the same are found, shall be liable to a fine ( multa ) not
exceeding two hundred and fifty liri.
(8) If any question arises as to the accuracy of the description
of spirits in a permit or certificate, the proof that the spirits
correspond to the description shall lie on the owner or claimant of
the spirits.
Issue and 
particulars of 
certificate. 
Amended by: 
XVI. 1960.3; 
XV. 1980.22.
54. (1) The Comptroller shall cause certificates to be prepared
in duplicate, and such certificates shall be furnished to the Police
inspectors in charge of Police divisions to be delivered by them to
any distiller or dealer carrying on business in their respective
divisions.
(2) A certificate shall be issued by a distiller or dealer or by
some person authorized by him in writing.
(3) A permit or certificate shall be issued for such limited time
as may suffice to convey the spirits to their destination.
(4) A permit or certificate and its counterfoil shall contain the
following particulars:
( a ) the quantity, both in bulk and litres at 57° Gay Lussac,
denomination and strength of the spirits sent out or
delivered;
( b ) the number of packages in which the spirits are
contained;
( c ) the day and hour of sending out or delivery;
( d ) the name of the person by whom, and of the place from
which the spirits are sent or delivered;
( e ) the name of the person to whom and of the place to
which the spirits are to be sent or delivered; and
( f ) the mode of conveyance, and, if by water, the name
and description of the vessel and the name of the
master thereof.
(5) The officer receiving the certificate and spirits shall give a
receipt for the same in the prescribed form.
(6) Certificates shall be used in the order in which they are
                 SPIRITS         [ CAP.  41.  21
numbered.
Dealing with 
spirits without 
permit or 
certificate, etc. 
Amended by: 
XIII. 1983.5.
55. (1) If any person -  
( a ) sends out, delivers, removes, or receives any spirits
required to be accompanied by a permit or certificate;
or
( b ) sends out, delivers, removes, or receives any spirits in
quantity greater than, or differing in quality,
denomination, or strength from that expressed in the
permit or certificate accompanying the same; or
( c ) having issued a certificate, does not send out therewith
the spirits therein described, or deliver the certificate
to the proper officer within the time by law required;
or
( d ) uses any permit or certificate, or suffers any permit or
certificate to be used, for any purpose other than that
of accompanying the removal and delivery of spirits
therein described; or
( e ) produces, or suffers to be produced to any person any
permit or certificate as having been received with
spirits other than those therein described; or
( f ) in any manner uses, or suffers to be used, any permit
or certificate so that any account of spirits kept or
checked by an officer may be frustrated or evaded,
he shall, in addition to any other penalty or forfeiture, be liable to a
fine ( multa ) not exceeding two hundred liri.
(2) Every permit or certificate used for any purpose other than
that of accompanying the removal and delivery of the spirits for
which it is lawfully granted and as therein expressed, shall be
deemed to be a false permit or certificate, and any unlawful use
thereof shall, in addition to any other penalty or forfeiture, subject
the person using it to the penalties imposed by law upon any person
for using a false permit or certificate.
(3) If any distiller or dealer is convicted of an offence against
this section, he shall forfeit his licence, and no new licence shall be
granted to him for the remainder of the year for which such
forfeited licence would have been in force.
Security for 
removal of spirits 
from distillery to 
warehouse. 
Amended by: 
XVI. 1960.3.
56. (1) The removal of spirits manufactured in any distillery
in Malta to any place in which such spirits may be warehoused,
shall be carried out in accordance with such regulations and on
such security being given as the Comptroller may prescribe.
(2) Such spirits shall be accompanied by a certificate
specifying the particulars thereof, and the name of the place and of
the warehouse to which the same are intended to be removed.
(3) Such certificate shall moreover contain such other
information, and shall be in such form, as the Comptroller shall
prescribe.
  22        CAP. 41. ]              SPIRITS
Giving of bond to 
cover removal of 
spirits from 
distillery to 
warehouse. 
Amended by: 
XVI. 1960.3.
57. (1) Before the said spirits are delivered for removal, the
person requiring the removal must give a bond, with or without a
surety, as the Comptroller may direct, in a sum equal at least to the
duty payable on the spirits to be so removed at the rate chargeable
on spirits taken out of bond for consumption, for their due
conveyance to and warehousing at the place of destination within
such time as the Comptroller may fix, and such bond shall not be
discharged unless such spirits are duly warehoused at the place of
destination within the time allowed for their removal or are
otherwise accounted for to the satisfaction of the Comptroller, as
the case may be, and until the full duty payable on any deficiency
of such spirits not so accounted for is paid.
(2) Nevertheless any person desiring to obtain power for the
removal, from time to time, of spirits from the distillery to a spirit
warehouse may enter into a general bond, with such sureties, in
such amount and under such conditions as the Comptroller may
approve, for the due conveyance of the spirits to and their
warehousing at the place of destination within such time or times as
the Comptroller may direct.
Removal and 
shipping of spirits 
for exportation. 
Amended by: 
XVI. 1960.3; 
XV. 1980.23; 
XIII. 1983.5.
58. (1) A distiller, in the case of spirits existing in his spirit
store, and the owner of the spirits, in the case of spirits existing in a
spirit warehouse for the storage of spirits for exportation, may, on
giving due notice and the prescribed bond, remove the spirits for
exportation without payment of duty.
(2) The notice must be delivered to the proper officer before
the time when the spirits are to be removed, and must specify the
number of packages intended to be shipped, the total number of
litres and the average strength of the spirits contained in such
packages, in order that such particulars may be verified by the
record of the spirits bonded, the time and place of the intended
shipment, and the name, description and destination of the vessel.
(3) The bond given by the owner or distiller must be
conditioned that the spirits specified in the notice given from time
to time shall be conveyed direct to the quay or place where the
vessel is lying, and shall be put on board the vessel specified in the
notice:
  Provided that the Comptroller may authorize the shipment of
the spirits on another vessel bound for the same or any other
destination than that specified in the notice.
(4) The bond shall remain in full force and effect until a
landing certificate, signed by an officer of port, or of the customs at
the port of destination, to the effect that the spirits shipped for
exportation have been duly landed at that port, is produced to the
Comptroller or until the Comptroller is satisfied that it is, from
some unavoidable cause, impossible to produce such certificate.
(5) The proper officer may place any prescribed mark or seal,
or other fastening on any package removed for exportation.
(6) The spirits must be sent by the distiller or their owner to the
quay or place where the vessel is lying, and delivered with the
permit or certificate, to the custody of the authorized officer of
                 SPIRITS         [ CAP.  41.  23
customs there.
(7) If the spirits or any part thereof cannot be placed on board
the vessel before five o’clock in the afternoon, it shall be lawful for
the officer of customs either to direct the spirits to be taken to and
placed in a spirit warehouse, or to put some proper person in charge
of the spirits, at the cost of the distiller or owner thereof, during the
night or until the spirits are placed on board the vessel. Every
person who refuses or neglects to comply with any such direction
shall be liable to a fine ( multa ) not exceeding ten liri.
(8) The officers of customs may, at any time, examine the
spirits and take an account thereof.
(9) On shipment of the spirits, the officer of customs shall
certify on the back of the permit or certificate the date of the
shipment, the name of the vessel, and, if an account of the spirits
has been taken, the quantity thereof, computed at 57° Gay Lussac,
and shall thereafter send the permit to the Comptroller.
Manifest of spirits 
for exportation, to 
be delivered to the 
Comptroller. 
Amended by: 
XVI. 1960.3; 
XIII. 1983.5.
59. (1) Where on board any vessel about to leave Malta there
are any such spirits, the master of such vessel, or, in the case of a
steam vessel exceeding two hundred and fifty tons burden, the
agent of the master shall, before clearing such vessel at the Custom
House, deliver to the Comptroller a manifest specifying the number
of packages said to contain such spirits and the gross quantity
thereof on board.
(2) The manifest shall be in such form as the Comptroller may,
from time to time, prescribe, and shall be signed by the master or
the agent, as the case may be, who shall also declare that the
particulars stated in the manifest are to the best of his knowledge
correct.
(3) If such manifest or declaration is false in any material
particular, the person signing the manifest or making the
declaration shall be liable to a fine ( multa ) not exceeding fifty liri.
PART VIII
  D EALERS AND  R ETAILERS
Dealers and 
retailers to keep 
stock-book. 
Amended by: 
VII. 1937.2; 
XVI.1960.3; 
XV.1980.24.
60. (1) Every dealer must keep a stock-book, according to the
form prescribed by the Comptroller, and must, on receiving or on
delivering any spirits, enter in his stock-book the description of the
spirits, the date on which the spirits were received or delivered, the
bulk and number of litres of spirits at 57° Gay Lussac by
hydrometer received or delivered, and the name and address of the
person from whom the spirits were received or to whom they were
delivered.
(2) Every retailer must keep a stock-book according to the form
prescribed by the Comptroller, and must, on receiving any spirits,
enter in his stock-book the date on which the spirits were received,
the description of the spirits, the bulk and number of litres of spirits
  24        CAP. 41. ]              SPIRITS
at 57° Gay Lussac by hydrometer received, and the name and
address of the person from whom the spirits were received.
(3) Every dealer or retailer must keep the stock-book open to
inspection by any officer and must allow any officer to make any
entry therein or to take any extract therefrom.
(4) He must keep the stock-book open to such inspection for
not less than six months after it is filled up.
Retailer to give 
information to 
Comptroller 
regarding disposal 
of spirits.  Amended 
by: 
VII. 1937.3; 
XVI.1960.3.
61. Every retailer shall give, if required to do so by the
Comptroller or by any customs officer, any information regarding
the disposal of spirits delivered by him to any person.
Marking of 
quantity and 
strength of spirits 
in package in 
certain cases. 
Amended by: 
XV. 1980.25; 
XIII. 1983.5.
62. (1) Where the strength of any spirits forming part of the
stock of a dealer or retailer cannot be ascertained by hydrometer,
the dealer or retailer must, on being so required by an officer, cause
the quantity and strength of the spirits to be legibly marked on the
outside of the package containing them.
(2) Every package which a dealer or retailer refuses or
neglects, on being so required, to mark, or fails to keep so marked,
or which is found to be untruly marked, shall be liable to be
forfeited, with the contents, and the dealer or retailer shall be liable
to a fine ( multa ) not exceeding fifty liri.
Taking of account 
of spirits in stock 
of dealer or 
retailer. 
Amended by: 
VII. 1937.4; 
XVI. 1960.3; 
XV. 1980.26; 
XIII. 1983.5.
63. (1) The Comptroller or any officer of customs may at any
time take an account of the quantity of spirits in the possession of a
dealer or retailer.
(2) If the quantity of spirits computed at 57° Gay Lussac found
on taking the account exceeds the quantity which, according to the
stock-book of the dealer or retailer, ought to be in his possession,
the excess shall be liable to be forfeited, and the dealer or retailer
shall be liable to a fine ( multa ) not exceeding one hundred liri and
to a further fine ( multa ) of ten cents for every litre of the excess.
Taking of sample 
for analysis. 
Amended by: 
XV. 1980.27.
64. The proper officer may at any time take a sample of spirits
from the stock of a retailer and submit such sample to the
government analyst or customs testing officer, who shall analyse
such sample and certify the quantity of spirit at 57° Gay Lussac in
such sample.
Offences by dealer 
or retailer. 
Amended by: 
VII.1937.6; 
XVI. 1960.3; 
XIII.1983.5.
65. If a dealer or retailer - 
( a ) fails to keep, or produce a stock-book as by this
Ordinance required, or to make in such stock-book any
entry required to be made therein; or
( b ) hinders or obstructs any officer in examining a stock-
book, or in making any entry therein or taking any
extract therefrom; or
( c ) cancels, alters, obliterates, or destroys any part of a
stock-book or an entry therein; or
( d ) makes a false entry in a stock-book; or
                 SPIRITS         [ CAP.  41.  25
( e ) refuses to give information to the Comptroller or to
any customs officer regarding the disposal of spirits or
knowingly gives false information,
he shall be liable to a fine ( multa ) not exceeding one hundred liri.
Correction of 
errors in stock-
book. 
Amended by: 
XIII. 1983.5.
66. (1) If any dealer or retailer, or any person employed by
him, commits an error in making any entry required to be made in
the stock-book or other document required to be filled up by him,
the incorrect entry shall not be obliterated or erased, but shall be
cancelled by drawing a thin line through it, and the correct entry
shall then be made.
(2) If this section is contravened, the dealer or retailer shall be
liable to a fine ( multa ) not exceeding ten liri.
PART IX 
G ENERAL  O FFENCES
Unlawful 
possession of 
spirits. 
Amended by: 
XVI.1960.3; 
XV. 1980.28; 
XIII. 1983.5.
67. (1) Every person unlawfully possessing spirits shall be
liable to a fine ( multa ) not exceeding one hundred liri and to a
further fine ( multa ) of ten cents for every litre or part of a litre of
spirits so possessed, and such spirits may be seized and shall be
liable to be forfeited.
Definition of 
"unlawful 
possession".
(2) Every person possessing any quantity of spirits exceeding
ten litres shall, for the purposes of this section, be deemed to be in
unlawful possession thereof, unless - 
( a ) he is a distiller or retailer and such spirits have come
legally into his possession as such; or
( b ) he is in possession of a permit for the removal of such
spirits, or having been legally authorized to remove
such spirits, he is in possession of the same for the
purpose of their removal; or
( c ) such spirits have been legally sold, delivered or
transferred to him under this or any other law, and, if
such spirits have been obtained by him in separate
packages from a retailer at separate times and not
under a permit, he has obtained a receipt in writing for
the purchase money paid for the same, showing the
quantity of spirits for which and the time at which it
was paid; or
( d ) he is the holder of a special licence granted by the
Comptroller to distil spirits in accordance with section
11 of this Ordinance.
(3) If any officer has reasonable cause to suspect that any
spirits are in the unlawful possession of any person in any house,
building or enclosed place whatsoever, such officer may, upon a
warrant issued to him by the Comptroller or the Commissioner of
Police, enter, if necessary by force, such house, building or
enclosed place and search for, and seize any spirits unlawfully
  26        CAP. 41. ]              SPIRITS
possessed therein and either detain the same or remove them to a
place of safe custody, and may also arrest the person unlawfully in
possession thereof.
(4) In any prosecution under this section, the proof that any of
the exceptions contained in subsection (2) of this section applies in
his case, shall lie on the defendant.
Unlawful removal 
of wash, etc. 
Amended by: 
XIII. 1983.5.
68. (1) Every person who - 
( a ) removes any wash, low wines, feints, or spirits from
the premises of a distiller, contrary to the provisions of
this Ordinance; or
( b ) knowingly buys or receives any wash, low wines,
feints or spirits so removed from the premises of a
distiller; or
( c ) removes, throws away, or destroys any wash, low
wines, feints or spirits in order to prevent or impede
any search for or seizure of the same,
shall be liable to a fine ( multa ) not exceeding one hundred liri.
(2) All such wash, low wines, feints, or spirits so removed,
shall be liable to be forfeited.
(3) Any officer may arrest any person found committing an
offence against this section.
Tampering with 
distillery 
apparatus. 
Amended by: 
XVI.1960.3; 
XIII.1983.5.
69. Every person who, without the sanction of the Comptroller
wilfully breaks, damages, or in any manner whatsoever tampers or
interferes with any distillery apparatus, shall be liable to a fine
( multa ) not exceeding one hundred liri.
Sale of spirits at a 
price less than the 
duty.
Amended by: 
XIII. 1983.5.
70. Every person, not being a distiller, who at any time sells, or
otherwise disposes of spirits at a price lower than the amount of
duty payable on such spirits, shall be liable to a fine ( multa ) not
exceeding ten liri, and to the payment of treble the amount of the
duty.
Sale of spirits for 
unlawful purposes. 
Amended by: 
XLIX. 1981.4; 
XIII. 1983.5.
71. If any person knowingly sells or delivers any spirits, to the
end that they may be unlawfully retailed or consumed or carried
into consumption, he shall, in addition to any other fine or
forfeiture, be liable to a fine ( multa ) not exceeding two hundred liri
and, in addition, to imprisonment for any term not exceeding six
months, and the spirits shall be liable to be forfeited.
Unlawful purchase 
of spirits.  Amended 
by: XLIX.1981.4; 
XIII. 1983.5.
72. If any person receives, buys, or procures any spirits from a
person not having authority to sell or deliver the same, he shall be
liable to a fine ( multa ) not exceeding two hundred liri, and, in
addition, to imprisonment for any term not exceeding six months,
and the spirits shall be liable to be forfeited.
Possession of 
spirits on which 
duty has not been 
paid. 
Amended by: 
XLIX. l981.4;
XIII. 1983.5.
73. If any person knowingly buys or receives, or has in his
possession any spirits after they have been removed from the place
where they ought to have been charged with duty and before the
duty payable thereon has been paid or secured to be paid, or the
spirits have been condemned as forfeited, he shall forfeit the spirits
and shall be liable to a fine ( multa ) equal to treble the duty and
                 SPIRITS         [ CAP.  41.  27
value thereof, and also to a fine ( multa ) not exceeding two hundred
liri, and, in addition, to imprisonment for any term not exceeding
three months.
PART X 
P OWERS AND  P ROCEDURE
Seizure of things 
subject to 
forfeiture.
74. (1) Any thing which is liable to be forfeited under this
Ordinance may be seized by any officer.
(2) Where any spirits or materials for the manufacture of spirits
are forfeited under this Ordinance, all packages, of whatever
description, containing the same and any other thing contained
therein shall also be forfeited.
Provisions relating 
to seizures. 
Amended by: 
XVI. 1960.3.
75. (1) Everything seized as liable to be forfeited shall be
deemed to be forfeited.
(2) The owner of the thing seized may, within thirty days after
the seizure, bring an action for the recovery of such thing.
(3) Such action shall be tried and determined by the competent
civil court, regard being had to the value of the thing seized.
(4) The proof that the seizure was illegal shall lie on the person
claiming the thing seized.
(5) The Comptroller may order the restoration of anything
seized, on a bond being given to answer for the value of the thing
seized, if such thing is condemned as forfeited.
Restoration of 
things detained or 
seized.
Amended by: 
L.N.46 of 1965; 
LVIII.1974.68.
76. Anything detained or seized under this Ordinance may be
restored by order of the President of Malta, on such terms as he
may think fit to impose.
Mode of effecting 
sale of  things 
seized. 
Amended by: 
XVI. 1960.3.
77. (1) The sale of things seized under this Ordinance,
whatever the cause for which they are to be sold, shall be
conducted by such persons as shall be appointed by the
Comptroller.
(2) Any spirits so offered for sale shall not be sold for less than
the amount of duty payable thereon.
Power of entry and 
search by officer
78. Any officer may, at any time, either by day or by night,
enter any part of the premises of, or house or place whatsoever
belonging to, or made use of by a distiller, and search for, examine,
gauge, and take an account of any distillery apparatus therein, and
also any spirits or materials for the manufacture of spirits therein.
Power to search for 
pipes, etc.
79. Any officer may, at any time, either by day or by night,
search for any pipe, cock, conveyance, or utensil on the premises of
any distiller, and may break up or cut away any such pipe or
conveyance, and turn any such cock, and examine whether any such
pipe or conveyance conveys or conceals any spirits, or any
  28        CAP. 41. ]              SPIRITS
materials for the manufacture of spirits, so as to prevent a true
account thereof from being taken.
Power to enter and 
search for distillery 
apparatus and 
spirits.
Amended by: 
I.1940.2; 
XVI. 1960.3; 
XIII. 1983.5.
80. (1) If any officer has reasonable cause to suspect that any
distillery apparatus, spirits or materials for the manufacture of
spirits is or are unlawfully kept or deposited in any house or place
he may, upon a warrant issued by the Comptroller or the
Commissioner of Police, authorizing the officer to search the house
or place, at any time, either by day or by night, but at night only in
the presence of a Police officer not below the rank of sub-inspector
if such officer is not himself a sub-inspector, enter, if necessary by
force, any such house or place and seize any distillery apparatus,
spirits or materials for the manufacture of spirits found therein, and
either detain the same or remove them to a place of safe custody.
(2) Every distillery apparatus, and all spirits and materials for
the manufacture of spirits so seized shall be absolutely forfeited,
and the owner of any such distillery apparatus, spirits or materials
or the person in whose custody the same is or are found, shall be
liable to a fine ( multa ) not exceeding two hundred liri and to
imprisonment for a term not exceeding eighteen months.
(3) Any person found in any house or place where any such
distillery apparatus, spirits or materials is or are found, or within
the appurtenances or precincts of such house or place, shall, unless
he proves the contrary, be deemed to be the owner or person in
charge of such distillery apparatus, spirits or materials.
Power to board 
vessel and take 
account of spirits. 
Amended by: 
XIII. 1983.5.
81. (1) Any officer may, at any time, go on board any vessel,
lying in any part of Malta or within the limits of the territorial
waters thereof, and take an account of any spirits found on board
such vessel and demand and examine the permit or certificate for
the removal of the same; and if any spirits are found to have been
shipped without a permit or certificate, or not to correspond with
the particulars set forth in the permit or certificate, the same shall
be liable to be forfeited and the master of the vessel shall be liable
to a fine ( multa ) not exceeding one hundred liri.
(2) Any such officer may also in like manner go on board any
such vessel and search for any distillery apparatus thereon, and if
any such distillery apparatus is found on board, otherwise than in
the course of lawful conveyance, the same shall be liable to be
forfeited and the master of the vessel shall be liable to a fine
( multa ) not exceeding one hundred liri.
Power to detain 
suspected persons.
Amended by: 
XV. 1980.29; 
XIII. 1983.5.
82. (1) If any officer has reason to suspect that any person is
conveying spirits from or to any place without a permit or
certificate, such officer may stop such person and examine the
package which he suspects to contain spirits, and if he discovers
that such package contains more than ten litres of spirits, then, in
the event of such person not being able, or refusing to produce a
permit or certificate, the said officer shall seize such spirits and the
package containing the same together with the cart, or other
conveyance, and any animals employed in removing the same, and
may arrest the person carrying or removing such spirits, or
concerned in the carrying or removing of such spirits.
                 SPIRITS         [ CAP.  41.  29
(2) Every person driving, conducting or being in charge of any
such cart or other conveyance who refuses to stop when requested
by any such officer to do so, shall be liable to a fine ( multa ) not
exceeding twenty liri.
Power to enter 
premises of 
retailers and 
inspect spirits. 
Amended by: 
XVI.1960.3.
83. Any officer may, with the authority in writing of the
Comptroller, or, as the case may be, of the Commissioner of Police,
enter at any time, either by day or by night, the premises of any
retailer, and inspect, examine, and take an account of the spirits in
his stock or possession, and take samples of any such spirits,
paying a reasonable price for any sample so taken.
Duty of distiller to 
assist officer. 
Amended by: 
XIII. 1983.5.
84. Every distiller, dealer, retailer or master of a vessel must,
when required by an officer, assist such officer by a sufficient
number of servants in taking account of the spirits in his stock or
possession or in taking samples of such spirits, and shall for any
refusal or neglect so to assist, be liable to a fine ( multa ) not
exceeding fifty liri.
Procedure on 
taking sample for 
analysis.
85. Where an officer takes a sample of any substance for
analysis, he shall forthwith, in the presence of the owner thereof or
his agent, divide the sample so taken into three parts, each part to
be marked and sealed or fastened up in such manner as the nature
of such substance permits; he shall then deliver one of such parts to
the owner or his agent, and another part to the government analyst
or Custom House testing officer, and shall keep the third part for
future comparison and production in court, if the need shall arise.
Power of officer 
exercisable either 
alone or in 
conjunction with 
persons acting in 
his aid.
86. Any power which is, by this Ordinance, given to any
officer, may be exercised by such officer either alone or in
conjunction with any other person whom he calls to his assistance.
Arrest without 
warrant.
87. If any officer has reasonable cause to suspect that a person
has become liable to any punishment under sections 8, 71, 72, 73,
80 and 81, he may arrest such person without the necessity of any
warrant.
Offences against 
this Ordinance to 
be considered as 
crimes. 
Amended by: 
XLIX. l981.6; 
XIII. 1983.5. 
Cap. 9.
88. (1) Every offence under this Ordinance shall, to all legal
intents and purposes, be considered as a crime within the meaning
of the Criminal Code and shall, subject to the special provisions of
this Ordinance, be dealt with as such.
(2) The provisions of the Criminal Code relating to the award
and execution of the punishments thereby imposed shall apply to
the corresponding punishments laid down in this Ordinance:
  Provided that in default of payment, the fine ( multa ) shall be
converted into imprisonment at the rate of one day for every five
liri; and the provisions of subsection (3) of section 11 and
paragraph ( g ) of section 17 of the said Code, relating to the
duration of the imprisonment in the case of conversion thereinto of
a pecuniary penalty, shall not apply.
  30        CAP. 41. ]              SPIRITS
Proceedings to be 
instituted before 
Court of 
Magistrates. 
Amended by: 
VIII. 1990.3. 
Cap. 9.
89. All proceedings in connection with offences against this
Ordinance shall be instituted before the Court of Magistrates, as a
court of criminal judicature and shall be subject to appeal in the
same manner as provided by the said Code for appeals from the
decisions of the said court.
Power of President 
of Malta to waive 
proceedings, etc. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68. 
90. When any penalty of forfeiture has been incurred under
this Ordinance, the President of Malta may waive proceedings, or
mitigate or remit such penalty or forfeiture on such terms and
conditions as he may think fit to prescribe.
Proceedings to be 
instituted in the 
name of 
Comptroller. 
Amended by: 
XVI. 1960.3.
91 . All proceedings under this Ordinance shall be instituted by,
or in the name of, the Comptroller.
Proceedings to be 
instituted within 
two years from the 
day on which 
offence was 
committed.
92. All proceedings for the punishment of offences against this
Ordinance must be instituted within two years from the day on
which the offence was committed.
Liability of 
distiller, etc., for 
act, default, or 
omission of 
servant.
93. Where a distiller, dealer or retailer is by this Ordinance
made liable to any penalty or forfeiture for any act or omission,
such liability shall attach to such distiller, dealer or retailer,
whether such act or omission is done or made by such distiller,
dealer or retailer personally, or by some person employed by him
for the purposes of his business; provided, in the latter case, it
appears that such act or omission was done or made with the
knowledge of such distiller, dealer or retailer, or that presumably
such distiller, dealer or retailer has derived benefit therefrom.
Minimum of 
penalty.
94. In any proceedings for an offence under this Ordinance, the
court may not award a punishment less than one-fourth of the
punishment imposed by such Ordinance.
Onus of proof. 95. In any proceedings under this Ordinance relating to spirits,
it shall not be necessary for the prosecution to prove that the spirits
were manufactured in Malta: the onus of proving the contrary shall
lie on the defendant.
Special procedure. 96. (1) Where under this Ordinance or under the regulations, a
distiller, dealer or retailer is liable to punishment in respect of any
act or omission, and a charge is brought against such distiller,
dealer or retailer, proceedings may be taken as stated hereunder:
Service of 
summons.
( a ) the summons may be served either in the ordinary
manner in which service is now made according to
law, or by leaving a copy thereof with any person,
being apparently a clerk or servant, found on the
premises for which the licence is granted, or if no such
person can be found, by posting the same upon a
conspicuous part of the outer door or outer wall of
such premises;
Agent may appear 
in certain cases.
( b ) where the distiller, dealer or retailer is absent from
Malta, his agent may appear on his behalf;
                 SPIRITS         [ CAP.  41.  31
Non-appearance of 
defendant.
( c ) where the distiller, dealer or retailer is absent from
Malta at the time when the summons is served, the
court, on being satisfied that the summons has been
served in any of the modes aforementioned, shall
proceed to investigate the matter of the charge,
whether an agent appears on behalf of the defendant or
not, and, if the act or omission is proved, the court may
adjudge upon such charge and may order that any fine
(multa) awarded be levied on the goods and other
property of the distiller, dealer or retailer, by the
process established for the enforcement of judgments
in civil matters; but the court may not award against
the distiller, dealer or retailer any punishment
restrictive of personal liberty unless it is proved that
he left Malta in order to avoid prosecution.
(2) For the purpose of recovering any such fine, any distillery
apparatus used by a distiller and all spirits and materials for the
manufacture of spirits in the possession of a distiller, dealer or
retailer, shall be deemed to be his property, whether the fact is so or
not.
PART XI 
S UPPLEMENTAL  P ROVISIONS
Duty referred to in 
this Ordinance. 
Substituted by: 
XVI.1995.23.
Cap. 382.
97. The duty referred to in this Ordinance shall be the duty
leviable on spirits manufactured in Malta in accordance with the
provisions of the Excise Duty Act, on spirits manufactured or
produced in Malta.
Reward of 
informers. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68; 
XIII. 1983.5.
98 . (1) The President of Malta may award to any officer
arresting any individual liable to arrest under this Ordinance, and to
any person giving such information as may lead to the conviction
of any such individual, such reward as he may think fit, not
exceeding in each case one hundred liri, provided the said
individual is actually convicted.
(2) The President of Malta may also order to be paid in respect
of any seizure made under this Ordinance, to the person or persons
making the same and to any person or persons through whose
information or means such seizure shall have been made, such
reward as he thinks fit, having regard to the value of the things
seized and the amount of revenue endangered.
Power of Minister 
responsible for 
customs to make 
regulations. 
Amended by: 
VIII. 1949.2; 
XIV. 1958.2; 
XXV. 1962.4; 
L.N. 4 of 1963; 
XXXVIII. 1974.3; 
XIII. 1983.5.
99. (1) The Minister responsible for customs may, from time
to time, make, alter or revoke regulations for the better carrying out
of all or any of the provisions of this Ordinance.
(2) Without prejudice to the generality of the powers in
subsection (1) of this section, the said regulations may in particular
make provision for controlling or otherwise concerning the
manufacturing, blending, bottling, labelling or sale or distribution
of alcoholic beverages.
  32        CAP. 41. ]              SPIRITS
(3) The Minister responsible for customs may by regulations
provide the penalties to which any person who contravenes or fails
to comply with any regulations made under this Ordinance may be
liable, and such penalties shall not exceed imprisonment for a term
of more than three months or a fine ( multa ) of more than five
hundred liri, or both such imprisonment and fine.
Offences by body 
of persons. 
Added by: 
XXXVIII. 1974.4 .
100.   Where an offence against the provisions of this Ordinance
or of any regulations made thereunder is committed by an
association or body of persons, every person who, at the time of the
commission of the offence, was a director, manager, secretary or
other similar officer of such association or body of persons, or was
purporting to act in any such capacity, shall 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.
Publication of 
regulations in 
Government 
Gazette. 
Amended by: 
XIV. 1958.2; 
XXV. 1962.4; 
L.N. 4 of 1963; 
L.N. 46 of 1965.
101.   Any regulations made by the Minister responsible for
customs under this Ordinance shall be published in the Government
Gazette and shall have the same effect as if they were part of this
Ordinance. A copy of such regulations shall, as soon as practicable,
be laid on the Table of the House of Representatives.
Amended by:
XVI. 1960.3; 
XV. 1980.30.
THE SCHEDULE 
(Sections 14 & 26)
The following vessels must be erected to the satisfaction of the
Comptroller of Customs before a licence to keep a still is obtained
and must thereafter be kept to the like satisfaction during the
continuance of the licence:
One test case,
One spirit receiver,
One low wines or feints receiver.
But a distiller may provide in addition as many more receivers
for spirits or for low wines or feints as he may desire.
The vessels must be erected in accordance with the following
requirements:
l. The test case must be connected with the worm of the
condenser of the still in such a manner that all spirits, low wines or
feints, running from such worm shall pass through the test case.
2.  ( a )   The test case may be fitted with a discharge pipe connected
by a two-way cock or by two separate cocks of a bore as prescribed
by the Comptroller, with close metal pipes leading to the spirit
receiver and to the low wines or feints receiver.
   ( b ) The Comptroller may require any test case to be fitted with
an overflow pipe of not less than 7.6 centimetres bore leading
directly to the low wines or feints receiver.
   ( c )   Samples may be taken by means of a two-way cock attached
                 SPIRITS         [ CAP.  41.  33
to the test case or to the pipe leading from the worm of the still to
the test case and constructed to the satisfaction of the Comptroller
in such a manner that a duplicate of each sample taken is deposited
in a locked vessel the key of which shall be kept by the proper
officer.
3. The spirit receiver or receivers must be of sufficient
capacity to contain not less than the produce of four days'
distillation of spirit; but, where the Comptroller considers it
desirable, he may require them to be of a greater capacity, or permit
them to be of a lesser capacity.
4. Every spirit receiver must be a close covered vessel, and,
except as hereafter specified, must not have any opening, or
communication with any other vessel or utensil, except other
receivers with which it must be connected with a close metal
overflow pipe.
5. Every receiver must have a hole cut in its cover, of the
form and size prescribed by the Comptroller and such hole must be
supplied with a cover secured and kept secure to his satisfaction.
6. Every receiver may have fixed to it a graduated gauge
glass; the glass and its fittings must be securely and completely
enclosed in a metal or wooden case with a properly protected glass
front.
7. Every test case and receiver must be made, placed and
fixed to the satisfaction of the Comptroller.
8. Every cock, valve or pump attached to any part of the still,
test case, or receiver or to any pipe in connection therewith, must
be constructed in the manner prescribed by the Comptroller.
9. All spirits must run through close metal pipes directly from
the test case into the spirit receiver.
10. Low wines or feints must run through close metal pipes
directly from the still or test case into the low wines or feints
receiver, and from there all low wines or feints must run directly
through close metal pipes into a locked receptacle or into the still
for re-distillation.
11. Samples may be taken by means of a two-way cock
attached to the receiver constructed to the satisfaction of the
Comptroller in such a manner that a duplicate of each sample taken
is deposited in a locked vessel the key of which shall be kept by the
proper officer.
12. The retort of every still must be fitted with a discharge pipe
leading directly to the body of the still or to a locked receptacle.
13. Except as specially authorized by the Comptroller in the
case of every still, there must be no pipe leading directly or
indirectly to or from the worm of a still. Every man-hole, discharge
pipe, cock, or valve of any still must be constructed and secured to
the satisfaction of the Comptroller.
