L.S. 117.31 Regolamenti dwar is-Swieq tal-Bdiewa

(1)There shall be established Farmers’ Markets for the marketing and sale of local agricultural produce by the farmer to the consumer.

(2)Farmers’ Markets shall be established in sites specifically Establishment of Farmers’ Markets. 2 [ S.L.117.31 FARMERS’ MARKETS identified for such purpose by the Unit after consultation with the entity or entities having jurisdiction over such site. The Director shall notify the establishment of new Farmers’ Markets with relevant site plans in the Gazette.

(3)Farmers’ Markets shall be kept open on such days and at such times stipulated in terms of the First Schedule: Provided that the Farmers’ Markets may open at any other time or day as the Director may fix from time to time and notify in the Gazette. Participation at a Farmers’ Market. Amended by: L.N. 2 of 2014; XIII. 2015.39. 4.

(1)No person may operate a stall and participate in a Farmers’ Market without a permit issued by the Unit.

(2)A permit issued in terms of these regulations shall be associated with one specific stall within a particular Farmers’ Market.

(3)Holders of a permit issued in terms of these regulations shall apply during January 2014 for consideration of the renewal of such permit after verification of the holders’ compliance with permit conditions and these regulations. Such renewal applications shall be made every three years after the above period during the month of January.

(4)The annual fee leviable on every permit to participate in a Farmers’ Market shall be of seventy-seven euro (€77.00).

(5)The permit fee shall become due on the first day of January of each year. The Director shall inform the permit holder in writing that he shall have forty-five days from such date within which to pay the said fee.

(6)A permit issued by the Unit under this regulation shall not exempt the holder thereof from compliance with any requirement under any other law.

(7)The Director shall publish in the Gazette a list of permit holders in possession of permits to operate stalls at each Farmers’ Market once every six months. The Director shall keep an updated record of such list and may publish it as often as may be required. Application for permit to operate stall at a Farmers’ Market. 5. Any person or entity who wishes to obtain a permit to operate a stall and participate in a Farmers’ Market shall submit a signed application to the Market Administration Unit on the prescribed form contained in the Second Schedule supplied by the said Unit, containing, but not limited to, the following information: (

1. a)(
2. b)(
3. c)(
4. d)(
5. e)(
6. f)(
7. g)(
8. h)name of applicant; date; address; photocopy of I.D. card; certificate of Police Conduct; food handling certificate; VAT fiscal registration number; vehicle registration number; FARMERS’ MARKETS [ S.L.117.31 3 (
9. i)Producer Organisation registration number where applicable; (
10. j)nomination of substitute and assistants where applicable; and (
11. k)description of the agricultural produce intended to be offered for sale by the applicant at the Farmers’ Market. 6. Only the following persons or entities shall be eligible to obtain a permit to operate a stall and participate in a Farmers’ Market: Eligibility. (
12. a)a person registered with the Department of Agriculture as a full-time or a part-time farmer; (
13. b)a producer organisation registered in terms of the Producer Organisations Act which sells agricultural produce cultivated or grown locally by its members; (
14. c)a registered cooperative constituted within the agriculture or fisheries sector; (
15. d)a person who produces products being direct derivatives of local agricultural, animal husbandry or fisheries primary produce: Cap. 447. Provided that a farmer eligible under paragraph (
16. a)shall be allowed to offer for sale local agricultural produce cultivated, grown or landed in Malta by any other person registered with the Department of Agriculture as a full-time or part-time farmer: Provided further that no person in possession of a licence of street hawker, market hawker, peddler or busker in terms of the Trading Licences Regulations, or in possession of a permit or licence to purchase agricultural produce from an agricultural marketing centre, shall be eligible to obtain a permit to operate a stall and participate in a Farmers’ Market, or to act as a substitute or as an assistant to a permit holder. 7.

(1)The Unit shall acknowledge in writing the receipt of an application for a permit to operate a stall within a Farmers’ Market within one month of the receipt of such application, and shall request the applicant to submit any missing documentation or information. S.L. 441.07 Request for further information.

(2)The documentation or information requested in terms of subregulation

(1)shall be submitted within one month from the date of such request.

(3)If the documentation or information requested in terms of subregulation

(1)is not provided by the applicant within the period stipulated in terms of subregulation

(2), the relevant application shall be deemed as withdrawn. 8.

(1)The Unit shall examine an application which has been submitted correctly by the applicant and including all further documentation or information as may be requested in terms of regulation 7. Notice of decision. 4 [ S.L.117.31 FARMERS’ MARKETS

(2)If the number of valid applications received by the Unit exceeds the number of stalls available at a Farmers’ Market, preference shall be given to producer organisations, full-time farmers and farmers not in possession of a permit to operate a stall at another Farmers’ Market. Applications having the same level of preference shall be drawn by lot.

(3)The Unit shall issue a notice informing the applicant of its decision in respect of such application within one month from the date when all necessary documentation and information is provided. Acceptance of application. 9.

(1)Where the Unit accepts an application for the allocation of a permit to operate a stall within a Farmers’ Market, it shall inform the applicant, in the notice sent in terms of regulation 8, of such acceptance, as well as any further conditions it may deem fit to apply in respect of such permit.

(2)An applicant who has received a notice in terms of subregulation

(1)shall be given two weeks within which to pay the permit fee due in terms of regulation 4

(4), failing which his application shall be considered to have been withdrawn.

(3)The Unit shall issue a permit immediately upon receipt of the permit fee. The permit shall contain all the conditions and rules relating to the granting of such permit and to the operation of the stall at the Farmers’ Market.

(4)The applicant shall be allowed to occupy the allocated stall within the designated Farmers’ Market in terms of the permit: (

1. a)within two weeks from the granting of the permit issued by the Unit; or (
2. b)in the case of a newly established Farmers’ Market, immediately upon the permit being issued. Waiting list. 10.

(1)Where, due to restrictions in the number of stalls, the Unit cannot issue a permit to operate a stall within a Farmers’ Market in respect of an application submitted correctly i n accordance with these regulations, the Unit shall inform the applicant of this on the notice sent in terms of regulation 8.

(2)The Unit shall also inform an applicant who was not issued a permit due to the reasons in regulation

(1), that he shall be placed on a Farmers’ Market applicants waiting list until such time as further Farmers’ Markets are established, or when a stall within an existing Farmers’ Market becomes vacant.

(3)When a stall within a Farmers’ Market becomes vacant, the Unit shall inform the first applicant on the waiting list in writing and the provisions of regulation 9 relating to the acceptance of an application shall apply: Provided that a person may not be allocated a permit to operate more than one stall at the same Farmers’ Market.

(4)When a new Farmers’ Market is established, the Unit shall issue a new call for applications for participation in such Farmers’ Market. Such new call for applications shall be kept open for a FARMERS’ MARKETS [ S.L.117.31 5 period of at least one month, which may extended by the Director. 11.

(1)A permit issued by the Unit under these regulations shall be non-transferable. Conditions for permit.

(2)The Unit may, in issuing a permit for the operation of a stall and participation in a Farmers’ Market, attach thereto any conditions as it may deem fit.

(3)Without prejudice to regulation 12, any decision of the Unit shall be subject to review by the Administrative Review Tribunal established by article 5

(1)of the Administrative Justice Act. Cap.

2. Permit holders may be allowed to exchange such stalls allocated according to the permit obtained in terms of these regulations. A request to this effect shall be submitted to the Director in writing and signed by the respective permit holders. The decision of the Director in respect of such request shall be final and the provisions of regulation 11

(3)shall not apply to this decision. Exchange of stalls. 13.

(1)A permit holder may nominate one person to act as his substitute in respect of a permit to operate a stall within a Farmers’ Market. Substitutes.

(2)The substitute shall be the person responsible for the stall in the absence of the permit holder: Provided that the substitute may in no way attain the status of permit holder by virtue of his function as a substitute.

(3)The permit holder shall supply the Unit with the name of the substitute authorised by him. 14.

(1)The permit holder may nominate persons to act as assistants to assist in the operation of the stall. Assistants.

(2)The permit holder shall supply the Unit with the names of all assistants authorised by him.

1. Any person being a permit holder, his substitute or an assistant operating from a stall within a Farmers’ Market shall wear at all times an identification badge supplied by the Unit. Identification badges.
2. The permit holder may make any amendments, add or remove information submitted to the Unit in the original application form regarding his personal details, the nomination of a substitute, the nomination of assistants, the vehicle registration number or the types of local agricultural produce to be offered for sale at the stall, by submitting to the Unit a signed copy of the form contained in the Third Schedule. Amendments to information supplied to the Unit. 17.

(1)The permit document issued by the Unit in respect of a stall within a Farmers’ Market shall be kept clearly visible at all times. Rules for stall operation.

(2)Either one of the permit holders or substitute shall be present at the stall at all times.

(3)The size of a stall within a Farmers’ Market shall be of 3 metres by 3 metres, and the space allocated for a vehicle shall be of 6 [ S.L.117.31 FARMERS’ MARKETS 3 metres by 7 metres.

(4)A permit holder or his substitute shall at no time offer for sale from the stall allocated to him at a Farmers’ Market imported agricultural produce or any agricultural produce purchased or otherwise obtained from an agricultural marketing centre.

(5)A permit holder or his substitute may only offer for sale from the stall allocated to him at a Farmers’ Market types of local agricultural produce as specified in the permit application.

(6)A permit holder or his substitute shall only be allowed to utilise such vehicle having such vehicle registration as specified in the permit application, and shall park such vehicle in the stall space allocated.

(7)A permit holder or his substitute shall provide litter bins on the stall allocated to him during opening hours.

(8)A permit holder or his substitute shall ensure that no damage is caused by means of the stall allocated to him, their vehicles or accessories, to any street, pavement or other public property.

(9)A permit holder or his substitute shall ensure that the allocated stall is kept clean and shall be responsible that no refuse or other material is left at the place allocated to them at the end of the activity.

(10)A permit holder or his substitute shall ensure that the allocated stall has suitable fire extinguishers. Traffic regulations. 18.

(1)No parking by private vehicles is permitted on the sites and during such opening days and hours when a Farmers’ Market is being held, apart from vehicles duly registered by permit holders.

(2)Sites in which a Farmers’ Market is being held shall be closed to traffic during opening hours. Records to be kept by the permit holder. 19. A permit holder shall keep a record of all sales made by him, in a monthly sales record book approved by the Director. Such records shall show the quantity and nature of the produce sold by the permit holder and the price realised at the sale, and shall be provided to the Director upon request. Suspension or cancellation of permit. 20. The Unit shall have the right to suspend or cancel a permit issued in terms of these regulations if it is satisfied that a permit holder has failed to comply with these regulations, where the conditions of the permit have not been observed, or in the event of any of the following: (

1. a)the permit holder fails to reach an acceptable level of display of the produce for sale; (
2. b)the permit holder fails to display the prices of the agricultural produce offered for sale; (
3. c)the permit holder fails to adhere to all the public health or food hygiene requirements; (
4. d)the permit holder fails to operate the stall for three FARMERS’ MARKETS [ S.L.117.31 consecutive weeks, provided that this shall not apply if the permit holder informs the Unit within such period and provides a justified reason for such absence; (
5. e)the permit holder is deemed by the Unit to have breached any of the provisions of these regulations; (
6. f)the permit fee remains unpaid after forty-five days from the date on which it became due; or (
7. g)for any other justifiable reason. 21.

(1)The Unit shall be responsible for the general administration and organisation of the Farmers’ Market in accordance with these regulations. Powers of administration.

(2)The Unit shall have the right to request the Commissioner of Police to assist it in the enforcement of these regulations. 22.

(1)Any person who contravenes or fails to comply with any of these regulations shall be guilty of an offence and shall be liable (

1. a)on a first conviction to a fine (multa) of not less than five hundred euro (€500) euro but not exceeding one thousand five hundred euro (€1,500); (
2. b)on a second conviction or subsequent conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) or a fine calculated on the profit made by the offender in connection with the transaction in contravention to these regulations, whichever is the higher: Provided that, when the fine is so calculated, it may not exceed five times the profit made by the offender: Provided further that the court may, and if so requested by the prosecution shall, in addition to any other punishment, sentence the offender to imprisonment for a term of not less than thirty days and not exceeding two years.

(2)In addition to the punishments laid down in subregulation

(1), the court shall, on demand of the prosecution, order the forfeiture of any good or things to which the offence relates.

(3)In addition to the punishments laid down in subregulations

(1)and

(2), the court shall on demand of the prosecution, in the case of a second or subsequent conviction, order the suspension of the offender’s permit for a period of not less than one week and not more than three months, or the cancellation of any licence or permit held by the offender and relating to any trade or business to which the offence relates, and shall order that any such cancelled licence or permit may not be re-issued in respect of the convicted offender. Offences and penalties. 7 8 [ S.L.117.31 FARMERS’ MARKETS First Schedule Regulation 3 Opening Days and Hours of Farmers’ Markets Locality Days Ta’ Qali (Attard) Tuesday, Thursday and Saturday Summer Hours (1 May - 30 Sept) 07:00 - 21:00 Winter Hours (1 Oct - 30 Apr.) 07:00 - 17:00 Second Schedule Regulation 5 Farmers’ Market Permit Application Form Please fill in where applicable Name of Applicant ................................................................................................ I.D.card .......................................... FRC ..................................................... Address .......................................... Telephone ............................................. ....................................................... Mobile .................................................. ....................................................... Email .................................................... VAT Number .................................. P.O. Registration Number ..................... Full-time Farmer ............................ Part-time Farmer ................................... Area of fields ................................. (tumoli) Copies of IACS plans ................................... Vehicle registration number/s ................................................. Yes No Do you need electricity?   Do you have food handling certificate?  * Do you have organic produce?   Products to be offered for sale at Farmers’ Market ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ Details of derived products and value added products ............................................................................................................................ ............................................................................................................................ Organic Products ............................................................................................................................ ............................................................................................................................ [ S.L.117.31 FARMERS’ MARKETS 9 Details of Substitute Name and Surname ....................................................................................... I.D.card .............................................. Address ............................................... Telephone ........................................... .............................................................. Mobile ................................................ .............................................................. Details of Assistants Name ................................................. Name ................................................... Surname ............................................ Surname ............................................... I.D.card ............................................ I.D.card ................................................ Address ............................................ Address ................................................ .......................................................... .............................................................. Name ................................................. Name ................................................... Surname ............................................ Surname ............................................... I.D.card ............................................ I.D.card ................................................ Address ............................................ Address ................................................ .......................................................... .............................................................. Kindly indicate during which months you intend selling from your stall Jan .......... Feb ........... Mar ............. Apr ............ May ........... Jun ........... Jul ........... Aug .......... Sept ............. Oct ............ Nov ............ Dec ......... Preferred Locality ................................................................................... I the undersigned confirm that the information given is correct and I have read all the conditions to participate in these Markets. I am also providing copies of certificates and I understand that from time to time I might be asked to provide the original certificates. Applicant’s Signature ...................................... Date ............................. I.D.number ................................ Please keep the original certificates handy and on all the Market days. Please also keep food handling certificates, Organic certificates and other certificates. A copy of the I.D. must be supplied with the application * Where an application is being submitted by a co-operative or private entity or company, the certificates of every person authorised to work at the stall should also be provided. 10 [ S.L.117.31 FARMERS’ MARKETS Third Schedule Regulation 16 Form to amend details submitted in Application Form Permit Holder Name of Permit Holder ......................................................................................... Permit ....................................... Farmers’ Market ................................................ A. Amendments to details of Permit Holder I.D.card ........................................... FRC ...................................................... Address ........................................... Telephone ............................................. ........................................................ Mobile .................................................. ........................................................ Email .................................................... VAT Number ................................... P.O. Registration Number ..................... Full-time Farmer ............................. Part-time Farmer ................................... B. Substitutes Amendments to details of existing Substitutes Name and Surname ............................................................................................... I.D.card ......................................... Address ................................................ Telephone ...................................... .............................................................. Mobile .......................................... .............................................................. Details of New Substitutes Name and Surname ............................................................................................... I.D.card ......................................... Address ................................................ Telephone ...................................... .............................................................. Mobile ........................................... .............................................................. C. Assistants Amendments to details of existing Assistants Name ............................................. Name..................................................... Surname ........................................ Surname ............................................... I.D.card ......................................... I.D.card ................................................ Address ......................................... Address ................................................ ...................................................... .............................................................. Nomination of Assistants Name ............................................. Name..................................................... Surname ........................................ Surname ............................................... I.D.card ......................................... I.D.card ................................................ FARMERS’ MARKETS [ S.L.117.31 11 Address ......................................... Address ................................................ ...................................................... .............................................................. D. Product .............................................................................................................................. ............................................................................................................................. E. Vehicle Registration Number ............................................................ Permit Holder’s Signature ................................. Date ................................ I.D.card .....................................