[ S.L.117.08 RATIONING 1 SUBSIDIARY LEGISLATION 117.08 RATIONING REGULATIONS 15th September, 1956 GOVERNMENT NOTICE 556 of 1956, as amended by Government Notices 298 and 696 of 1958; Legal Notices 6 of 1959, 39 of 1960, 24 of 1963, 15 of 1964, 99 of 1971, 10 and 30 of 1972, 85 of 1973, 97 and 117 of 1974, 107 of 1975, 10 and 98 of 1976, and 409 of
- The title of these regulations is the Rationing Regulations. Title. P ART I Definitions
- In these regulations - ''baker'' means a person whether in receipt of flour for the baking of bread or not, who owns or has been lent or who leases a bakery and the person who is licensed by the Commissioner of Police to keep a bakery; ''bread'' means bread, other than fancy bread, produced from subsidised flour, salt and water, with the addition, if necessary, of yeast and/or any other ingredient to improve quality of the bread as may be permitted by the Director from time to time; ''bread seller'' means a person who retails bread to customers registered under these Regulations and is in receipt of flour for the baking of bread under these Regulations; ''burdnar'' means a person engaged in the trade of carrying flour; ''butter'' means butter issued for ration purposes; ''distributor'' means a person appointed by the Director to effect the distribution of one or more rationed commodities to retailers and other persons; ''commodity'' means any article which is ordinarily sold to the public but does not include a rationed commodity; ''Director'' means the Director of Trade and includes any officer of the Department of Trade to whom the Director may from time to time assign any powers or duties under these Regulations; ''edible oil'' means edible oil issued for ration purposes; ''family'' includes all persons who habitually for not less than five days in the week sleep in the same tenement and have their food together, or who sleep in separate tenements in the same area and have their food together, and also persons within the above definition as regards sleeping notwithstanding that they take any or all their meals elsewhere; ''fancy bread'' means bread produced from unsubsidised flour; ''flour'' means all wheat flour, except such parcels thereof that may be certified by the Sanitary Authorities as unfit for human Interpretation. Amended by: G.N. 298 of 1958; L.N. 24 of 1963; L.N. 15 of 1964; L.N. 10 of 1972; L.N. 85 of 1973; L.N. 117 of 1974; L.N. 107 of 1975; L.N. 10 of 1976; L.N. 98 of
- 2 [ S.L.117.08 RATIONING consumption; ''head of the family'' means the member of a family who owns or has been lent or who leases the tenement in which the family lives; ''miller'' means any person engaged in the production of wheat flour from imported wheat and includes also the Malta Millers Association, and any other association of persons performing such functions; ''paste'' means the paste produced from subsidised flour; ''person'' includes an association of persons; ''ration book'' means any document issued by the Director to regulate the purchase or sale of rationed commodities, and includes documents or permits valid only for one purchase or one sale; ''rationed commodity'' means any article mentioned in the Schedule to these Regulations; ''ration period'' means such period as may be prescribed by the Director by direction published in the Gazette in respect of the periodic distribution of rationed commodities; ''retailer'' means any person authorised to sell to the public by retail any commodity and/or rationed commodity; ''rice'' means rice issued for ration purposes; ''sugar'' means subsidised sugar; ''to supply'' includes, in the case of bakers and/or breadsellers, to deliver in accordance with such instructions as may be given from time to time by the Director; ''tinned milk'' means tinned milk issued for ration purposes. P ART II Control of Rationing Documents and Licences Licence, ration book, etc. Amended by: G.N. 298 of
- Any licence, ration book, permit, registration form or other document issued by the Director under these Regulations, by which or in virtue of which any rationed commodity may be acquired, shall be personal to the person or family to whom it is issued, and shall not be transferable unless otherwise provided in the document itself. Exchange or transfer. Amended by: G.N. 298 of
- No person shall sell or give in exchange or otherwise transfer any of the documents referred to in regulation 3 issued in his name or to him or to a member of his family by the Director as aforesaid, and no person shall purchase or receive in exchange or otherwise acquire or have in his possession any such document which has not been issued in his name or to him or to a member of his family as aforesaid. Use of forged documents.
- Any person who makes use or attempts to make use of any forged document of a nature referred to in regulation 3 shall, for all purposes of the Criminal Code or of any other law, be presumed to have knowingly made or attempted to make use thereof unless from the evidence produced as to how and when that person came into possession of such document the court is satisfied that that person Cap.
- RATIONING [ S.L.117.08 3 did not know that the document was forged.
- The grant of a licence or permit under these Regulations shall not exempt a trader from obtaining any other licence or permit required by law for the exercise of his trade. Grant of a licence or permit.
- On conviction under regulation 4 a person shall be liable to a fine (multa) of not less than twenty-three euros and twenty-nine cents (23.29) but not exceeding one hundred and sixteen euros and forty-seven cents (116.47). Penalty. Amended by: L.N. 409 of
- PART III Control of Registration for Rationed Commodities
- A ration book issued by the Director to any head of a family or to any other authorised person shall be valid for the purchase of each rationed commodity in accordance with the quantities entered on the ration book at the time of issue or with directions given from time to time by the Director and published in the Gazette. Ration book. Amended by: G.N. 298 of
- The Director may require any head of a family or his representative to give information and to sign a declaration on any matter relating to registration for rationed commodities. Director may require information. Amended by: G.N. 298 of
- 10.
(1)Any person who alleges that any ration book issued to him has been irretrievably lost or destroyed may apply to the Director who may replace it and may on replacing it impose the payment of a fee not exceeding two euros and thirty-three cents (2.33). Lost ration book. Amended by: G.N. 298 of 1958; L.N. 409 of 2007.
(2)Any person who, having has such a ration book replaced, finds the original and fails to return the original to the Director within seven days or who uses or attempts to use it, shall be guilty or an offence against these Regulations.
- No person who is serving in the Armed Forces or with any other person or authority and who draws rationed commodities in kind or obtains food from his place of employment shall be registered for rationed commodities under these Regulations. Prohibition to be registered for rationed commodities.
- The Director may, by directions to be published in the Gazette, provide that any person not being a citizen of Malta (or class of persons not being citizens of Malta) and permitted to reside in Malta in terms of the Immigration Act, may be registered for only such rationed commodities as may be specified in the direction: Persons not being citizens of Malta. Added by: L.N. 30 of
- Cap.
- Provided that the Director may not refuse registration for any commodity unless such commodity is also available on the open market.
- No person who is visiting these Islands as a tourist shall be registered for rationed commodities under these Regulations. Tourist not to be registered for rationed commodities. Added by: L.N. 97 of
- 4 [ S.L.117.08 RATIONING Persons registered for rationed commodities. Amended by: G.N. 298 of
- For the purpose of these Regulations all persons shall be deemed to be registered for rationed commodities according to the records held by the Director on the date on which these Regulations come into operation. Duty of head of the family to report to the Director. Amended by: G.N. 298 of
- When any member of the family dies or ceases even temporarily to be a member of the said family, the head of that family shall report the fact to the Director within seven days. It shall also be the duty of the head of the family to report to the Director the name of any person joining the family, and of any change of address of any or of all the members of the family. Cancellation of rationing documents. Amended by: G.N. 298 of
- Prohibition to change retailer, bread seller etc. Amended by: G.N. 298 of
- Offences.
- Where any member of the family is about to leave these Islands, the head of the family shall present to the Director his rationing documents for cancellation or adjustment, as the case may be, and shall obtain from the said Director a certificate that this obligation has been complied or been dispensed with. Such certificate m ust be presented to the Passport Office before departure from these Islands, in default of which the person concerned may be prevented from leaving.
- No head of a family shall be allowed to change the retailer, bread seller or paste manufacturer with whom he is registered for the supply of any rationed commodity unless permission for so doing has been granted by the Director under such conditions as may be laid down by him.
- It shall be an offence (a) for any head of a family to register any member of his family more than once at a time; (b) for any person to be knowingly registered more than once at a time; (c) for any head of a family or any person in registering or for the purpose of obtaining any rationed commodity, to make any statement or to give information which he knows to be false, or to fail to give any information which he knows to be relevant; (d) for any person to fail to give the information or to sign a declaration required under regulation
- Fines. Amended by: L.N. 409 of
- 19 On conviction for any offence against regulation 10
(2), or any one of regulations 11, 15, 16 and 18, the offender shall be liable to a fine (multa) of not less than twenty-three euros and twenty-nine cents (23.29) but not exceeding one hundred and sixteen euros and forty-seven cents (116.47). PART IV Control of Production, Distribution, Use or Consumption Prohibition to acquire rationed commodities from other persons. Amended by: G.N. 298 of
- No person shall acquire rationed commodities from any person otherwise than in accordance with these Regulations and with directions given by the Director. RATIONING [ S.L.117.08 5
- Distributors, bakers, bread sellers, paste manufacturers, retailers and burdnara shall acquire, from the persons indicated by the Director during each ration period or during such other period as the Director may direct, the whole quantity of rationed commodities authorised by the Director in respect of that period. Rationed commodities authorised by the Director. Amended by: G.N. 298 of
- Distributors and paste manufacturers shall supply rationed commodities to retailers in the quantities and within the period prescribed in relation to them by the Director in respect of each ration period, and shall not dispose of any rationed commodity except as directed by the Director. Quantities and periods prescribed by the Director. Amended by: G.N. 298 of
- Retailers, bakers and bread sellers shall supply within each ration period rationed commodities to each family registered with them in the quantities shown on the ration book; and they shall not supply rationed commodities except in accordance with, nor in excess of, the quantities entered upon the appropriate ration book, unless such excess is authorised by directions given by the Director. Excess of rationed commodities. Amended by: G.N. 298 of
- The Director may, by direction to be published in the Gazette, fix the period of time within which one or more specified rationed commodities may be withdrawn by consumers from retailers, bakers or bread sellers. Such direction may also provide that retailers, bakers or bread sellers may dispose otherwise than in accordance with ration books of the quantities which have not been withdrawn within the period of time so specified. Direction to fix period of time. Amended by: G.N. 298 of
- The Director may by direction to be published in the Gazette require distributors and paste manufacturers to furnish returns regarding rationed commodities within such periods as may be specified in the direction. Returns to be furnished by distributors and paste manufacturers. Amended by: G.N. 298 of
- Substituted by: L.N. 10 of
- The Director may by direction to be published in the Gazette require bakers, bread sellers and retailers to furnish returns regarding rationed commodities within such period as may be specified in the direction. Returns to be furnished by bakers, bread sellers and retailers. Amended by: G.N. 298 of
- Substituted by: L.N. 10 of
- Millers, distributors, paste manufacturers, burdnara, retailers, bakers and bread sellers shall be responsible for the proper disposal of all rationed commodities issued to them, and any miller, distributor, paste manufacturer, burdnar, retailer, baker or bread seller who is unable to account in accordance with the provisions of these Regulations, or in directions given by the Director, for all rationed commodities issued to him shall be deemed to have disposed illegally of such commodities, unless from evidence produced the court is satisfied that he exercised all reasonable care and diligence in the maintenance and disposal of such commodities. Disposal of rationed commodities. Amended by: G.N. 298 of
- 6 [ S.L.117.08 Spoiled or deteriorated rationed commodity. Amended by: G.N. 298 of
- RATIONING 28.
(1)Where any rationed commodity is spoiled, deteriorated or in any way altered while it is in his possession or control or w h i l e i t i s b e i n g pr o c e s s e d o r m a nu f a c t u r e d, e v e r y m i l l e r, distributor, paste manufacturer, burdnar, retailer, baker or bread seller shall forthwith report the case to the Director.
(2)The Director may direct such miller, distributor, paste manufacturer, burdnar, retailer, baker or bread seller to acquire a fresh supply to replace the rationed commodities so spoiled, deteriorated or altered under such conditions, inter alia, as to quantity and price, as he may determine. Excess of quantities of rationed commodities.
- No person shall be in possession of or shall have under his control rationed commodities in excess of the quantities established by or under these Regulations and/or in excess of the quantities shown on the returns made under regulations 25 and
- Inspection of books, documents, etc. Amended by: G.N. 298 of
- The Director may authorise in writing any person or persons to inspect, at any reasonable time, the books, documents, stocks and premises of any trader to whom or by whom rationed commodities are issued. Any person who hinders or obstructs any duly authorised person or persons in the performance of his or their duties under this regulation shall be guilty of an offence. Prohibition to dispose of rationed commodity. Amended by: G.N. 298 of
- No person shall without being in possession of a licence or a ration book issued by the Director make use of or dispose in any way of any rationed commodity for any purpose other than that for which the acquisition of any rationed commodity was allowed, or in contravention of any of the conditions laid down in the licence or ration book issued for the acquisition of any rationed commodity: Provided that heads of families shall not be precluded from making use of or disposing otherwise than by sale of the rationed commodities to which they are entitled as heads of families under these Regulations in any manner they deem fit. Prohibition to manufacture fancy bread. Amended by: G.N. 298 of
- No person shall manufacture fancy bread unless he is granted a special licence by the Director. Delivery of flour. Amended by: G.N. 298 of
- It shall be the duty of every miller or burdnar to deliver to the person, authorised by the permit issued by the Director, the quantity of flour specified therein. Bags of flour.
- No miller shall issue or keep for issue bags of flour of a net weight of less than eighty rtal. Such bags shall have a resisting label clearly and indelibly bearing the name of the mill, and they may also be clearly and indelibly marked with the name of the mill on the outside of the bag. Such label shall be firmly sewn or attached to the mouth of the bag in such manner that it may not be detached unless the bag is opened for use. Carriage of flour. Amended by: G.N. 298 of
- No burdnar shall work in the carriage of flour unless he is granted a special licence by the Director. Shape of bread.
- No bread shall be offered for sale except in the shape either of one piece oven bottom loaf or of a tin loaf. RATIONING [ S.L.117.08
- All bread shall be sold by weight. 7 Bread.
- Any distributor, retailer, baker, bread seller or paste manufacturer who intends to discontinue his trade shall give at least two months’ notice in writing of his intention to do so to the Director stating his reason for doing so. Discontinuation of trades. Amended by: G.N. 298 of
- Any baker who is unable on any day to bake bread, or any bread seller who is unable on any day to distribute bread, shall before 9.00 o’clock on the morning of the same day report the m a t t e r t o t h e D i r e c t o r, e i t h e r p e r s o n a l l y o r t h r o u g h h i s representative. Report to Director if baker is unable to bake or distribute bread. Amended by: G.N. 298 of
- Subject to any direction given under regulation 24, no retailer, bread seller or baker may sell bread to persons other than his registered customer. Prohibition to sell other than to registered customers.
- The Director may give such directions to any miller, d i s t r i b u t o r, b u rd n a r, b a k e r, b r e a d s e l l e r, r e t a i l e r, p a s t e manufacturer or any other person making use of or having under his c o n tr o l a n y c o m m o di t y a n d /o r r a t i o n e d c o m m o di t i e s a s h e considers necessary for the maintenance and control of production, distribution, sale, use or consumption of rationed commodities. Failure to comply with any such direction shall constitute a breach of these Regulations. Direction by the Director. Amended by: G.N. 298 of
- Substituted by: L.N. 117 of
- On conviction, the offender shall be liable to a fine (multa) - Offences and penalties. Amended by: L.N. 409 of
- (a) of not less than one hundred and sixteen euros and forty-seven cents (116.47) but not exceeding five hundred and eighty-two euros and thirty-four cents (582.34) in the case of an offence against any one of regulations 20, 21, 22, 30, 32, 33 and 38 and, in the case of an offence against regulation 20, the rationed commodities irregularly acquired shall also be confiscated; (b) of not less than twenty-three euros and twenty-nine cents (23.29) but not exceeding one hundred and sixteen euros and forty-seven cents (116.47) in the case of an offence against any one of regulations 23, 29, 31, 34 and 35, and in the case of an offence against 29, the rationed commodities irregularly possessed or controlled shall also be confiscated; (c) of not less than eleven euros and sixty-five cents (11.65) but not exceeding forty-six euros and fiftynine cents (46.59) in the case of an offence against any one of regulations 25, 26, 28
(1), 36, 37 and 40; (
- d)of not less than two hundred and thirty-two euros and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69) in the case of every and single offence against any one of regulations 39 and 41; 8 [ S.L.117.08 RATIONING (
- e)of not less than twice and not more than four times the profit made by the offender in connection with the transaction in contravention of regulation 27 and if the profit made by the offender in contravention of regulation 27 cannot be assessed by the court, then the offender shall be liable to a fine (multa) of not less than two hundred and thirty-two euros and ninety-four cents (232.94) but not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37). P ART V Control of Establishments Interpretation. 43. In this part - ''establishment'' means any catering establishment and includes hotels which have their restaurants open to the public, restaurants, cafes, bars and any other places of refreshment open to the public, clubs, hostels, boarding houses and other similar establishments, but does not include any establishment under the control, directly or indirectly, of the Maltese Government; ''food'' means any article of food which is cooked or prepared and any beverage with the exception of wine, beer, spirituous liquor and aerated water or other non-alcoholic drinks; ''management'' means the person or persons actually in charge of the catering of any establishment, either because he owns or runs or they own or run the establishment or because he is or they are under a contract, oral or written, to supply food in an establishment, and includes the licensees of the establishment; ''supply'' includes keep in an establishment and offer or attempt to supply. Prohibition to supply food for consumption in any establishment. Amended by: G.N. 298 of 1958. 44. The Director may, by direction, prohibit any article of food from being supplied for consumption in any establishment and specify conditions under which articles of food may be supplied. Supply of food for manufacture and consumption. Amended by: G.N. 298 of 1958. 45. The management of any establishment, confectioners and manufacturers of cheese-cakes, pies and hard biscuits shall obtain rationed commodities for the purpose of supplying food for manufacture and consumption, only from such traders as the Director may specify and under such conditions as may be laid down by him. Prices to be displayed. 46. The management of any establishment shall display in a conspicuous place in the establishment the price of every article of food supplied therein for consumption. Offences and penalties. Amended by: L.N. 409 of 2007. 47. On conviction, the offender shall be liable to a fine (multa) (
- a)of not less than twenty-three euros and twenty-nine cents (23.29) but not exceeding one hundred and sixteen euros and forty-seven cents (116.47) in the RATIONING [ S.L.117.08 9 case of an offence against any one of regulations 44 and 45; (
- b)of not less than eleven euros and sixty-five cents (11.65) but not exceeding forty-six euros and fiftynine cents (46.59) in the case of an offence against regulation 46. P ART VI General 48. In issuing any licence of permit under these Regulations the Director may impose such conditions as he may deem fit. Any holder of a licence or permit who contravenes or fails to comply with any such conditions shall be deemed to have acted without a licence or permit. Compliance with conditions. Amended by: G.N. 298 of 1958. 49. 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. Offences by an association of persons. 50. Nothing in these Regulations shall be of prejudice to anything contained in any other enactment or regulations. Applicability. 51. Licences and permits issued or granted under previous Rationing Regulations shall be deemed to have been issued or granted for the purposes of these Regulations. Previous licences and permits. 52. All offences against these Regulations shall, notwithstanding any other law to the contrary, be cognizable by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo). Offences against regulations. SCHEDULE Amended by: G.N. 696 of 1958. L.N. 6 of 1959; L.N. 39 of 1960; L.N. 99 of 1971; L.N. 85 of 1973; L.N. 107 of 1975; L.N. 98 of 1976. (Regulation 2) Bread Butter Edible Oil Flour Imported wheat Paste Rice Semolina Sugar Tinned Milk (except powdered milk)