CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES ġ S.L.117.13 1
SUBSIDIARY LEGISLATION 117.13
CONTROL OF TOMATO PASTE AND OF SALE OF 
TOMATOES FOR PROCESSING PURPOSES 
REGULATIONS
19th July, 1957
GOVERNMENT NOTICE 424 of 1957, as amended by Legal Notices 15
of 1964 and 206 of 1996. 
Title.
and of Sale of Tomatoes for Processing Purposes Regulations.
P A R T  I
Definitions
Interpretation .
''manufacturer'' means any person, body or association of
persons, society, corporation, partnership or company that
processes tomatoes mainly for commercial purposes; and ''to
manufacture'' shall be construed accordingly;
'' pitkal '' means a person who undertakes to sell tomatoes to third
persons wholesale on account of the owner or owners;
''producer'' means any person who cultivates or grows tomatoes
mainly for disposal thereof on his own account;
''purchase'' means any acquisition under any onerous or
gratuitous title; and ''to purchase'' shall be construed accordingly;
''sale'' includes any disposal under any onerous or gratuitous
title; and ''to sell'' shall be construed accordingly;
Cap. 278.
''society'' means a co-operative society duly registered under the
Co-operative Societies Act. 
P A R T  II
Sale of Tomatoes
Definition of 
Director.
3. In this Part ''Director'' means the Director of Agriculture. 
Condition of 
tomatoes for sale.
4. (1) It shall be unlawful for any producer,  pitkal  or society
to sell to a manufacturer or to have in his possession for sale to a
manufacturer, and for any manufacturer to buy, tomatoes which are
not generally free from the following defects, namely -
( a ) unripe;
( b ) insect infested, mouldy, or diseased;
( c ) crushed or broken;
( d ) grossly sunburnt;
( e ) containing stalks or foreign matter:
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CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES
Provided that it shall be lawful for a producer,  pitkal  or
society to offer for sale tomatoes which are grossly sunburnt to a
manufacturer who, at his discretion, may accept to buy them.
(2) It shall be unlawful for any producer to deliver tomatoes to
any  pitkal , society or manufacturer or for any  pitkal  or society to
deliver tomatoes to any manufacturer unless the tomatoes placed at
the top of each container are a fair sample of the entire contents
thereof.
Inspection. 5. A sanitary inspector of the Department of Health or the
Director may cause any quantity of tomatoes intended to be
delivered to manufacturers to be examined with a view to securing
that the provisions of regulation 4(1) and (2) are being complied
with.
Minimum prices. 6. (1) The Director may from time to time by order in the
Gazette fix minimum prices at which manufacturers may purchase
tomatoes and specify the conditions under which such prices are to
apply.
(2) All tomatoes shall be weighed before they are delivered to
the manufacturers. Such weighing shall be carried out by the pitkal
or society through whom they are sold by a producer directly to a
manufacturer, by or on behalf of the latter. In determining the price
of a quantity of tomatoes sold, it shall be lawful to make a
reasonable deduction for the weight of the containers.
(3) It shall be unlawful for any manufacturer to purchase
tomatoes otherwise than directly from a producer or through a
society or a  pitkal . A manufacturer who buys tomatoes directly
from a producer shall, on taking delivery thereof, give to the
producer a voucher signed by him or on his behalf showing the
name of the producer and the number of his farmer’s registration
card, the net weight of the tomatoes purchased, the price thereof
and the date of delivery; he shall also keep a copy of the voucher.
(4) When an order is made under sub-regulation (1) it shall be
unlawful for any manufacturer to purchase tomatoes unless the
provisions of that order are complied with or to impose any
conditions in connection with such purchase other than a condition
authorised by the order.
(5) The Director may take such steps as he may deem necessary
to supervise the purchase of tomatoes by manufacturers and to
ensure that any order that may be made fixing the prices or the
conditions of the purchase is strictly complied with.
Returns. 7. Every society shall not later than the Wednesday of each
week make a return to the Director showing the weight of tomatoes
sold to each manufacturer on each day of the preceding week and
the price or other consideration of each quantity so sold. In the case
where no such sales are made a ''nil'' return shall be sent.
CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES ġ S.L.117.13 3
P A R T  III
Processing of Tomatoes
Definition of 
Director.
Amended by:
L.N. 15 of 1964.
8. In this Part ''Director'' means the Director of Trade.
Special licence.
product derived from such processing without a special licence in
writing to that effect by the Director or otherwise than in
accordance with any conditions to which such licence may be
subject.
Any such licence shall not exempt the holder thereof from
the obligation of obtaining any licence required under any other
law in force.
(2) Licences issued under these regulations shall be personal
and non-transferable and, subject to withdrawal or cancellation by
the Director, they shall be valid until the 30th June following the
date of issue or renewal.
(3) The Director at his discretion may refuse the grant or the
renewal of a licence, or, in granting or renewing it, may impose
such conditions as he may deem proper.
(4) The Director may from time to time by order given in
writing to a manufacturer specify the number, kind and capacity of
the containers in which the tomato paste or any other tomato
product manufactured by him us to be canned and/or packed.
(5) When such an order is given, it shall be unlawful for any
manufacturer to manufacture tomato paste or any other tomato
product in containers otherwise than in accordance with the
specifications laid down therein.
Records to be kept.
( a ) the net weight of tomatoes purchased supported by the
relative purchase vouchers or other documents;
( b ) the name and address of the producer (including the
number of his farmer’s registration card),  pitkal  or
society from whom the tomatoes were purchased;
( c ) the price and/or other consideration of each purchase;
( d ) the weight and total tomato solids content of the
tomato paste and the weight of other tomato products
derived from the processing of tomatoes;
( e ) the number, kind and capacity of the containers in
which the tomato paste or any other tomato product is
packed;
( f )  the name and address of each person to whom the
tomato paste or any other tomato product is sold and
indicating the quantity and the date of each sale and, in
the case of tomato paste, the total tomato solids
content of each quantity sold.
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CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES
(2) The records and documents referred in sub-regulation (1)
shall be accessible to the Director or to any person authorised by
him in writing in that behalf; the Director or other person so
authorised shall have the power to take extracts from such records
and documents which shall not be destroyed without the previous
authority in writing of the Director.
(3) The Director may from time to time specify the form in
which the records referred to in sub-regulation (1) shall be kept.
Returns. 11. (1) The Director may, whenever he deems it necessary,
require manufacturers or any one or more of them to make to him,
on specified days or within such periods of time as may be
specified, returns in forms prescribed by the Director showing any
of the particulars required to be kept under regulation 10 and/or
such other particulars concerning the manufacturers’ trade or
business as he may require.
(2) The Director may also require any person or any one or
more classes of persons on specified days or within such periods of
time as may be specified to make returns in forms prescribed by the
Director showing the stock of locally manufactured tomato paste or
of any other tomato product held by them on such day or days as
may be specified.
Condition of 
tomato for use in 
the making of 
tomato paste.
Amended by:
L.N. 206 of 1996.
12. (1) It shall be unlawful for any manufacturer to use, in the
making of tomato paste or other tomato product, tomatoes which
are unripe, insect infested, mouldy or diseased, crushed or broken,
or which contain stalks or foreign matter.
(2) It shall be unlawful for any manufacturer to make, and for
any manufacturer, wholesaler or retailer to sell or to have in his
possession for sale any tomato paste whether in a container or
loose, that contains anything other than strained tomato solids (the
minimum content by weight of which shall be twenty-eight per cent
of the paste), moisture, sugar and salt.
Whenever tomato paste is on the business premises of a
manufacturer, wholesaler or retailer it shall be deemed to be for
sale unless the manufacturer, wholesaler or retailer, as the case may
be, proves otherwise.
(3) Where, however, following an examination of the tomato
paste of any manufacturer, the Director is of opinion that, though
the provisions of sub-regulation (2) have been complied with, that
particular paste is unsatisfactory at to its consistency or colour or
palatability, he may issue an order to that manufacturer varying the
percentage by weight of tomato solids in the tomato paste being
made by him or requiring any other change in the process of
manufacture. Such an order may be withdrawn or cancelled by the
Director whenever he deems proper.
(4) A sanitary inspector of the Department of Health or the
Director or any other person authorised by him in writing in that
behalf shall have power at any reasonable time to enter and inspect
any factory, store or shop in which tomato paste or any other
tomato product is being produced, stored or sold, to inspect the
CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES ġ S.L.117.13 5
tomatoes, tomato paste, tomato products or any material used in the
manufacture or packing of tomato products and, if he deems
necessary, to take samples thereof for the purpose of examination
or analysis.
In the case of samples taken from manufacturers, they shall
be taken free of charge; in other cases the current market value
shall be paid; in every case a receipt shall be given to the person
from whom the sample is taken.
(5) Where a sample of tomato paste or other tomato product is
taken under sub-regulation (4), such sample shall be divided into
two parts by the person taking the same, and each such part shall be
sealed by him in the presence of the person from whom the sample
is taken, and shall thereupon be signed by both of them; one part
shall be retained by the person taking the sample and the other by
the person from whom it is taken:
Provided that if the person from whom the sample is taken
refuses or is unable to sign, the signature of the person taking the
sample shall be sufficient.
Authorisation.
may be general or it may refer to one or more particular occasions.
Containers to bear 
name of 
manufacturer, etc.
14. (1) Unless otherwise authorised by the Director, the
manufacturer shall cause all containers of tomato paste
manufactured by him to bear the name of the manufacturer, the
name of the month and the year of manufacture and the net weight
legibly and indelibly marked upon them.
(2) All containers of tomato paste of the same manufacturer
bearing the name of the same month and year or other mark
corresponding thereto authorised by the Director shall, in the
absence of proof to the contrary, be deemed to contain tomato paste
of the same consistency, colour and palatability.
P A R T  IV
Penalties
Offences and 
penalties.
Amended by:
L.N. 15 of 1964.
15. Any person who contravenes or fails to comply with any of
these Regulations or with any order or direction made or given
thereunder or who hinders or obstructs a sanitary inspector of the
Department of Health or the Director of Agriculture or the Director
of Trade or any person lawfully authorised hereunder by the
Director of Agriculture or the Director of Trade from doing
anything that may lawfully be done thereunder shall be guilty of an
offence under these Regulations and shall, without prejudice to any
other provisions of these Regulations, be liable to a fine ( multa ) of
not less than ten liri but not exceeding fifty liri.
Offences against 
particular 
regulations.
16. (1) Where the offence is against the provisions of
regulations 9(1) or 12(2), or any order is made in terms of
regulation 12(3), the fine ( multa ) shall be of not less than twenty
liri but not exceeding one hundred liri; and where the offence is
against the provisions of regulation 4, the fine ( ammenda ) shall be
of not less than two liri but not exceeding five liri.
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CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES
(2) Where on any prosecution under these Regulations, the
Court is satisfied that a manufacturer has made or sold or has in his
possession for sale tomato paste which does not conform to the
provisions of regulation 12(2), or that the manufacturer has not
conformed with any order issued to him in terms of regulation
12(3), subject to what is hereinafter provided, the Court shall order
the forfeiture of all the tomato paste of that manufacturer deemed
in terms of regulation 14(2) to be of the same consistency as that
which has been subjected to examination or analysis in terms of
these Regulations and which has been actually found by the Court
to offend against regulation 12(2) or of any order issued in terms of
regulation 12(3):
Provided that before giving any such order the Court shall
by summons order the manufacturer, if he has not been party to the
proceedings, to appear before it, and shall give him a reasonable
opportunity to show within not more than eight days why such
order of forfeiture as aforesaid should not be made.
(3) Where an order of forfeiture as aforesaid has been made
such order shall be published in the Gazette, and the Police shall be
empowered to withdraw all the tomato paste so forfeited from the
market, provided that any wholesaler or retailer to whom it may
have been sold by the manufacturer or on his behalf shall, in the
absence of collusion, have a right to be indemnified by the
manufacturer in respect of any quantity of tomato paste withdrawn
from them in virtue of this regulation.
(4) It shall be an offence under these regulation for any
wholesaler or retailer after the publication of such order in the
Gazette to dispose knowingly of any tomato paste forfeited as
aforesaid.
(5) On a second or subsequent conviction against the
provisions of regulation 12(2) or against any order issued in terms
of regulation 12(3), the Court may, in addition to the penalties
above contemplated, sentence the offender to imprisonment for a
period of not more than three months.
Inspection by 
sanitary inspector.
Amended by:
L.N. 15 of 1964.
17. (1) Where a sanitary inspector of the Department of
Health or the Director of Trade or any other person authorised by
him in writing on that behalf, following an inspection in terms of
regulation 12(4), finds on the premises of the manufacturer
tomatoes which are generally insect infested, mouldy or diseased,
he shall report the matter to the senior health officer or a medical
officer of health, who will immediately proceed to the premises,
and after hearing on the spot any representations by both the
sanitary inspector or the Director of Trade or any other person
authorised by him as aforesaid and the manufacturer, shall order the
tomatoes to be forfeited if he considers that the tomatoes are
generally insect infested, mouldy or diseased.
(2) On giving such an order the senior health officer or medical
officer of health shall be empowered to take all such steps as may
be necessary to ensure that the order is complied with forthwith,
and the manufacturer shall have no right of compensation against
any public officer in connection with any such order, saving any
CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES ġ S.L.117.13 7
right of regress competent to him, if any, against the person from
whom the tomatoes were purchased, according to law.
Offences to be 
deemed 
contraventions.
Cap. 9.
18. Offences under these regulations are to be deemed
contraventions and the provisions of the Criminal Code relating to
criminal proceedings shall, subject as hereinafter stated, apply in
respect of proceedings for offences under these regulations:
Provided that proceedings in respect of an offence under
these Regulations may be commenced at any time within one year
of the commission of the offence.
Manufacturers 
found guilty of 
offences.
19. (1) The Court by which a manufacturer is found guilty of
an offence under these Regulations consisting in purchasing
tomatoes at a price lower than the minimum price fixed by an order
made under regulation 6(1) or in not fulfilling any condition
specified by such an order, shall order the offender to pay to the
person from or through whom the tomatoes were purchased the
difference between the price fixed by the order and that agreed
upon, together with any amount which may be deemed reasonable
by the Court to compensate the producer for the non-fulfilment on
the part of a manufacturer of any condition specified in the order
and to make the payment of the sum so assessed within such time
not exceeding one month as the Court shall prescribe, on pain of a
penalty of not less than one lira each day of default in case of non-
compliance with such order within the time fixed, and saving the
right of the producer,  pitkal  or society to whom the amount is due
to recover it by civil process before the competent Civil Court, for
which purpose the order for the payment made by the Court of
Magistrates shall constitute an executive title and may be enforced
by the creditor after two days following the service on the debtor of
a demand for payment made by a judicial act.
(2) The amount which a manufacturer may be ordered by the
Court to pay under sub-regulation (1) shall be irrespective of the
price actually agreed upon, which price may be recovered
according to the law.
Person charged 
with an offence.
20. Nevertheless, if a person charged with an offence against
these regulations alleges, on the day appointed for the trial of the
case and before the hearing commences, that another person, whom
he names, has committed the offence in question without his
knowledge, consent or connivance, such other person shall be
summoned to appear before the Court, and if, after the commission
of the offence has been proved, the first defendant proves to the
satisfaction of the Court that the said other person had committed
the offence without his knowledge, consent or connivance, the said
other person shall be convicted of the offence and the first
defendant shall be exempt from any punishment; but the Court shall
order the tomato paste to which the offence relates to be forfeited
where such tomato paste is so liable according to these
Regulations.
Prosecution of 
wholesaler or 
retailer.
21. (1) Where the wholesaler or retailer of any tomato paste is
prosecuted under regulation 12(2), he shall be exempt from any
liability if he proves to the satisfaction of the Court that he had
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CONTROL OF TOMATO PASTE AND OF 
SALE OF TOMATOES FOR PROCESSING PURPOSES
acquired the tomato paste in question in the belief that it conformed
with the provisions of regulation 12(2), and that he had no reason to
believe at the time he sold it that it was otherwise; and that he sold
the tomato paste in the same state as when he acquired it.
In the absence of collusion between the manufacturer and
the wholesaler or retailer, it shall be deemed that the manufacturer
had provided an implied warranty to the wholesaler or retailer that
the tomato paste he had manufactured and sold to him conformed
with the provisions of regulation 12(2).
(2) Where the defendant in a prosecution under these
Regulations has been discharged under the foregoing provisions of
this regulation, proceedings may be taken by the Police against the
person from whom the defendant in the prosecution had bought the
tomato paste.
P A R T  V
General
Offence committed 
by association of 
persons.
22. When an offence under these regulations has been
committed by an association of persons, every person who, at the
time of the commission of the offence, was a director or officer of
the association shall be deemed to be guilty of the 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.
