             AGRICULTURAL  PRODUCE (EXPORT)   ġ CAP. 85.          1
CHAPTER 85 
AGRICULTURAL PRODUCE (EXPORT) 
ORDINANCE 
To control the export of Agricultural Produce.
(18th January, 1935) *
Enacted by ORDINANCE III of 1935, as amended by Ordinance XIX of
1935; Legal Notice 4 of 1963; and Acts: XI of 1972 and XIII of 1983.
Short title.
(Export) Ordinance.
Interpretation. 
Amended by: 
XIX.1935.2; 
L.N. 4 of 1963; 
XI.1972.2.
2. In this Ordinance unless the context otherwise requires -
"agricultural produce" or "product" means potatoes, onions,
cumin seed, and further includes any article whatever produced or
derived from farming operations or any horticultural product which
the Minister responsible for agriculture may, from time to time, by
notice in the Government Gazette, declare to be agricultural
produce for the purpose of this Ordinance;
"brand" means any stamp, mark or label used to distinguish
agricultural produce by concrete or visible sign;
"broker" and "exporter" include respectively the agent of any
broker or exporter;
"Director" means the Director of Agriculture;
"inspector" means a person generally or specifically designated
by the Director to examine or grade or both examine and grade
agricultural produce intended for export or to perform such other
duties as may be assigned to him under this Ordinance.
Registration 
certificate for 
exporters. 
Amended by: 
XIX. 1935.2.
3. (1) No person may act as exporter of any agricultural
produce unless he is registered at the office of the Director who
shall issue a certificate of registration in that behalf.
Prohibition of 
export of 
agricultural 
produce, without 
inspection.
(2) No person shall export or cause or permit to be exported, or
attempt to export from Malta, any agricultural produce for which
rules are made, unless and until such produce has been inspected,
or inspected, graded, packed and branded, as the case may be, in
the manner prescribed by this Ordinance or by such rules.
Prohibition of 
export of 
agricultural 
produce which is 
unsound.  Amended 
by: 
XIX. 1935.2.
4. (1) No person shall export or cause or permit to be
exported, or attempt to export - 
( a ) agricultural produce intended for human consumption
which at the time of presentation for export is unfit for
such consumption; or
( b ) agricultural produce which, owing to its condition or
for any other reason, is unlikely to be brought to its
* See  Proclamation No. II of the 18th of January, 1935.
  2        CAP. 85. ħ          AGRICULTURAL  PRODUCE (EXPORT)
destination in a sound or good marketable state.
(2) The question whether any produce is or is not in such a
condition as would render it subject to the prohibition contained in
subsection (1) of this section shall be determined by the inspector
according to the instructions given generally or specifically by the
Director.
Sanction of 
premises for the 
storage of products 
for export. 
Amended by: 
XIX. 1935.2.
5. (1) No person shall export or cause or permit to be
exported or attempt to export any product unless the places or
premises where such products are collected, prepared or stored, are
places or premises sanctioned by the Director as fit for such
purpose.
Withdrawal of 
sanction.
(2) The sanction given by the Director may be, at any time,
withdrawn by him if it appears that such places or premises are not
being kept in such a condition or do not possess such appurtenances
or facilities as will enable the person using them to comply with the
provisions of this Ordinance.
Powers of entry on 
premises and 
inspection, etc. 
Amended by: 
XIX. 1935.2.
6. For the purposes of this Ordinance, every inspector and
any person generally or specially authorised in writing by or on
behalf of the Director, may at all reasonable times enter any
premises in which is kept or suspected of being kept for export any
agricultural produce and may examine any such premises or any
receptacle or package therein.
Licence for 
brokers. 
Amended by: 
XIX. 1935.2.
7. (1) No person may act as broker in agricultural produce
intended for export, for which rules are made, unless licensed for
that purpose by the Director.
(2) Every licensed broker shall be allotted a registration
number which shall be his official number for the purposes of this
Ordinance and of any rules made thereunder.
Prohibition of 
brokers from 
trading in 
agricultural 
produce.
8. No broker may trade in his own name or on his own or
joint account, or in partnership with others, in agricultural produce
intended for export for which rules are made.
Weighers. 9. No person who is not a licensed public weigher may weigh
agricultural produce for export, and no person shall act as both
weigher and broker or as both weigher and exporter in respect of
the same agricultural produce intended for export.
Power of Minister 
to make 
regulations. 
Amended by: 
L.N. 4 of 1963; 
XI. 1972.3.
10. (1) The Minister responsible for agriculture may make
rules to provide for the following matters relating to agricultural
produce intended for export, namely:
( a ) the inspection of agricultural produce intended for
export and the inspection of the premises in which
agricultural produce is prepared, manufactured or
otherwise dealt with;
( b ) the time and place at which and the manner in which
notice of intention to export shall be given, the manner
of packing, the size, description, quality and material
of the receptacles, the weight of the contents and the
branding of such weight and of the receptacles;
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( c ) the time and place at which delivery of the product
shall take place on the wharves;
( d ) the place and manner of storage, the conveyance, and
the treatment of any product;
( e ) the inspection of agricultural produce, the fixing of
grades and of the general conditions under which
agricultural produce may be accepted for export, the
place and manner of inspection and of grading and
branding of any product and the manner in which
different designations or grades of agricultural
produce shall be branded or indicated whether on the
receptacle or on a certificate of the inspector or
otherwise;
( f ) the percentage which shall be inspected in any one
consignment;
( g ) the limits of toleration in impurity and of variation of
standard sizes of products and packages, and the
maximum amount of moisture which may be present in
any agricultural produce intended for export;
( h ) the specific designation under which any particular
kind of agricultural produce may be exported and the
definition of each such kind of produce;
( i ) the abstraction or removal of samples by an inspector
for examination, inspection, or analysis;
( j ) the circumstances under which different kinds of agri-
cultural produce may be accepted or rejected, and
degraded, regraded, or rebranded by an inspector after
examination and inspection;
( k ) the circumstances under which and the conditions on
which any agricultural produce inspected and graded
may be withdrawn from shipment;
( l ) the forms of notices, certificates and licences and other
forms to be used or issued for the purposes of this
Ordinance;
( m ) the issue, term of validity, and renewal of licences and
registration certificates under this Ordinance;
( n ) the fees which shall be paid by exporters and brokers
for the issue or renewal of their registration
certificates and licenses as well as the fees to be paid
by exporters for inspection and for grading;
( o ) the duties and functions of growers, brokers, weighers,
and exporters of agricultural produce for the purpose
of this Ordinance, and the commission payable to
brokers by exporters or growers;
( p ) the payment to the director of any amount of money
due by exporters as the price of agricultural produce
and the repayment by the director to the growers of
such produce and to the brokers of their respective
share;
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( q ) the constitution of the Board of Reference mentioned
in section 18 of this Ordinance and the fee to be
deposited by the exporter in connection with a
reference to such Board; and
( r ) generally for the better carrying out of the objects and
purposes of this Ordinance.
(2) Differing rules may be made under this section to apply to
different kinds of agricultural produce.
(3) No rule made under paragraph ( p ) of subsection (1) of this
section and nothing done or omitted to be done thereunder shall
render the Government liable towards any grower of agricultural
produce or towards any broker in respect of any money due to them
by any exporter of agricultural produce unless such money has been
collected by the Director.
Penalty for brokers 
trading in 
agricultural 
produce. 
Amended by: 
XIX. 1935.2; 
XIII. 1983.5.
11. Any licensed broker, who purchases, sells or otherwise
deals, in his own name, or on his own or joint account or in
partnership with others, and any person who acts as broker or
dealer in agricultural produce intended for export, for which rules
are made, without a licence from the Director shall, for each
offence be liable, on conviction, to a fine not exceeding twenty liri.
Penalty for 
exporters 
purchasing through 
unlicensed brokers. 
Amended by: 
XIII. 1983.5.
12. Any registered exporter who purchases or otherwise trades
in agricultural produce intended for export otherwise than through
the agency of a licensed broker, and any person who exports,
causes or permits to be exported or attempts to export agricultural
produce, without being a registered exporter, shall for each offence
be liable, on conviction, to a fine not exceeding twenty liri:
  Provided that any registered exporter may buy agricultural
produce for export directly from the grower.
Penalty for 
exporting 
agricultural 
produce without 
complying with 
provisions of 
Ordinance.  
Amended by: 
XIII.1983.5.
13. Any person who exports or causes or permits to be
exported or attempts to export any agricultural produce without the
provisions of this Ordinance having been complied with, shall for
each offence be liable, on conviction, to a fine not exceeding fifty
liri.
Penalty for 
applying to 
agricultural 
produce, 
certificates issued 
in respect of other 
agricultural 
produce.  
Amended by: 
XIII. 1983.5.
14. Any person who wilfully applies to agricultural produce
intended for export a certificate or label or warranty given in
relation to any other agricultural produce shall be guilty of an
offence, and liable, on conviction, to a fine not exceeding fifty liri
or to imprisonment for a term not exceeding three months.
Penalty for 
resistance or 
hindrance. 
Amended by: 
XIII.1983.5.
15. Any person who resists or hinders an inspector in the
lawful exercise of his powers or duties under this Ordinance or any
rule issued thereunder shall be guilty of an offence and liable, on
conviction, to a fine not exceeding twenty liri.
             AGRICULTURAL  PRODUCE (EXPORT)   ġ CAP. 85.          5
Penalty for failure 
to remove produce.
Amended by: 
XIII. 1983.5.
16. Any person who fails, within the time required by an
inspector, to remove any produce from any place of inspection or
shipment whenever such removal is so required shall be guilty of
an offence and liable, on conviction, to a fine not exceeding five
liri for every day during which the offence continues.
Penalty for 
contravention of or 
failure to comply 
with provisions of 
this Ordinance. 
Amended by: 
XIX.1935.2; 
XIII.1983.5.
17. (1) Any person who contravenes any provision of this
Ordinance or of any rule issued thereunder, or makes default in
complying with any such provision with which it is his duty to
comply, shall, if no penalty is specially provided for the
contravention or default, be liable, in the case of a first conviction,
to a fine not exceeding twenty liri, and, in the case of a second or
subsequent conviction, to a fine not exceeding fifty liri.
(2) The Director may withdraw any licence or certificate of
registration issued or renewed under this Ordinance, in any case in
which the holder of such licence or certificate has been found
guilty of an offence under this Ordinance.
Appeal from 
decision of 
inspector.
18. (1) If an inspector refuses to pass for export any
consignment of produce, he shall forthwith give notice in writing to
the exporter stating the reason for his refusal: the exporter may
thereupon, in writing, require the inspector to refer the matter
immediately to a Board of Reference constituted as prescribed in
the Rules, for decision as soon as possible as to whether the
produce should be passed for export, and the decision of the Board
of Reference shall be final:
  Provided that no matter shall be referred to a Board of
Reference under this section unless the exporter has first deposited
with the inspector the fee prescribed in the Rules which will be
sufficient to defray the expenses which will necessarily be incurred
by the Board:
  Provided further that if the decision of the Board upholds the
exporter’s contention, any fee deposited, or any payment made by
the exporter in accordance with this section shall be refunded to
him.
(2) The exporter may be present at any examination of his
produce by an inspector.
Government not to 
be liable for loss 
arising from 
detention or 
deterioration of 
produce.
19. No action or other legal proceedings shall be taken against
the Government or any officer of the Government in respect of any
loss arising from the detention of produce or from its deterioration
on account of such detention for the purpose of inspection under
this Ordinance.
