L.S. 436.02 Regolamenti dwar l-Inbid

(1)In these regulations - "the Act" means the Wine Act; Title. Interpretation. Cap. 436. "the public service" means service in the Government of Malta, but does not include service in the office of a member of the House of Representatives, or of a member of any council, board, panel, committee or other similar body established by or under any law.

(2)Words and phrases used in these regulations shall have the same meaning as is assigned to them in the Act. 3.

(1)No person may apply for a licence under article 3 of the Act, or for the renewal of any such licence, except on the form in the First Schedule.

(2)An application for the renewal of any such licence must reach the Department not later than the 15th day of December of any year. 4.

(1)No commercial licence under the Act shall be issued or renewed by the Director unless he has ascertained that the winery is adequately equipped for its purpose and unless the said winery and relative machinery and equipment are certified by the Superintendent of Public Health to be in conformity with the provisions of the Food Safety Act and with the Hygiene of Food Regulations, or with any Act or regulations substituting respectively the said Act or regulations. Application for issue or renewal of licence. Amended by: L.N. 286 of 2011. Equipment and hygiene. Cap. 449. S.L.449.38

(2)If at any time during the validity of a licence it is found that the winery or its machinery or equipment is no longer in conformity with the provisions of sub-regulation

(1), the Director may suspend such licence until the licensee causes such winery, machinery or equi pment, as the case may be, to be in such conformity,

(3)For the purposes of this regulation, "Superintendent of Public Health" includes the Principal Medical Officer, the Senior Medical Officer, the Medical Officer of Health, the Health Inspector and any other officer of the Department of Health duly authorised in writing by the Superintendent of Public Health to ensure the observance of the Hygiene of Food Regulations.

1. Before the issue or renewal of a licence under the Act, the applicant shall pay to the Director such licence fee as is provided in the next following regulation. S.L.449.38 Payment of licence fee. 2 [ S.L.436.02 WINE Amount of licence fee. Amended by: L.N. 14 of 1972; L.N. 24 of 1998; L.N. 426 of
2. Substituted by: L.N. 286 of
3. Amended by: XIII. 2015.
5. The fee chargeable by the Director for the issue or the renewal of a licence under article 3 of the Act shall be of fifty-one euro and thirty cents (€51.30). Notes of weight. Amended by: L.N. 286 of
6. 7.

(1)Any public weigher who shall have weighed grapes in accordance with the provisions of article 10 of the Act shall keep a copy of every note of weight and every such copy shall be available for inspection by the Director or as specified in article 19

(4)of the Act.

(2)No copy of a note of weight as is referred to in subregulation

(1)shall be destroyed or otherwise disposed of before the lapse of two years from its date. Production Declaration. Substituted by: L.N. 286 of 2011. 8. Vintners shall submit a Production Declaration to the Director by the 31st October of each year on the form in the Second Schedule. Application for importation of wine. Re-numbered by: L.N. 286 of 2011. 9. Any application for a licence required under any other law for the importation of wine shall contain the following particulars: (

1. a)the name and business address of the importer; (
2. b)the name and business address of the exporter; (
3. c)the type of wine to be imported; (
4. d)the quantity of wine to be imported; (
5. e)the brand name of the wine; (
6. f)the alcoholic content in percentage by volume; (
7. g)the country of origin of the wine; (
8. h)the cif cost price to importer per bottle; Vintners’ records. Amended by: L.N. 286 of 2011. (
9. i)the retail price per bottle; (
10. j)the liquid content per bottle. 10.

(1)Vintners are to keep at the premises used as a winery such records as are prescribed by the Act.

(2)When a person holds in his name licences in respect of more than one winery, he may keep the records referring to all such wineries in any one of the wineries, provided he first obtains the permission of the Director.

(3)All records shall be neatly kept in legible writing and entries therein shall be made promptly and without delay.

(4)Any register or record kept by vintners in terms of their obligations under the Act or any regulations made thereunder shall be made on numbered pages in a register previously approved by the Director. Registers of the looseleaf type shall not be approved. Analyst and report by analyst. Amended by: L.N. 286 of 2011. 11.

(1)The Minister shall, from time to time, detail a competent person in the public service, as analyst for the purposes of the Act. WINE [ S.L.436.02 3

(2)The analyst shall examine all samples taken in accordance with article 20 of the Act and shall, without delay, submit his report to the Director and a copy thereof to the vintner concerned.

1. Nothing herein contained shall exempt any licensee under article 4 of the Act from obtaining any other licence required under any other law. Other licences. Re-numbered by: L.N. 286 of
3. Any person who contravenes or fails to comply with any of these regulations shall be guilty of an offence and shall be liable to the penalties stipulated under article 26 of the Act. Offences and penalties. Added by: L.N. 286 of
4. 4 [ S.L.436.02 Substituted by: L.N. 286 of
5. Amended by: XIII. 2015.
6. WINE FIRST SCHEDULE (Regulation 3) Licence Application Form WINE [ S.L.436.02 5 6 [ S.L.436.02 WINE WINE [ S.L.436.02 7 8 [ S.L.436.02 Substituted by: L.N. 286 of
7. WINE SECOND SCHEDULE (Regulation 8) Production Declaration