METHODS OF SAMPLING AND ANALYSIS FOR THE CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE PCBS AND NON-DIOXIN-LIKE PCBS IN CERTAIN FOODSTUFFS [ S.L. 437.122 1 SUBSIDIARY LEGISLATION 437.122 METHODS OF SAMPLING AND ANALYSIS FOR THE CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE PCBS AND NON-DIOXIN-LIKE PCBS IN CERTAIN FOODSTUFFS RULES 27th May, 2025 LEGAL NOTICE 94 of 2025. 1.
(1)The title of these rules is the Methods of Sampling and Analysis for the Control of Levels of Dioxins, Dioxin-like PCBs and Non-dioxin-like PCBs in Certain Foodstuffs Rules. Citation and scope.
(2)The scope of these rules is to implement the requirements of Commission Regulation (EU) 2017/644 of 5 April 2017 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No 589/2014. 2. requires:
(1)In these rules, unless the context otherwise "Act" means the Veterinary Services Act; Interpretation. Cap. 437. "Commission Regulation (EU) 2017/644" means Commission Regulation (EU) 2017/644 of 5 April 2017 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No 589/2014, as in force from time to time; "Department" shall have the same meaning as assigned to it in the Act; "Director" shall have the same meaning as assigned to it in the Act.
(2)Unless the context otherwise requires, words and phrases used in these rules which are not defined herein shall have the same meaning as assigned to them in Commission Regulation (EU) 2017/ 644 and in the Act: Provided that in case of conflict the definitions in Commission Regulation (EU) 2017/644 shall prevail.
- The Department shall be the competent authority in Malta for the purposes of Commission Regulation (EU) 2017/
- Competent authority. 2 [ S.L. 437.122 METHODS OF SAMPLING AND ANALYSIS FOR THE CONTROL OF LEVELS OF DIOXINS, DIOXIN-LIKE PCBS AND NON-DIOXIN-LIKE PCBS IN CERTAIN FOODSTUFFS Part IX of the Act.
- Without prejudice to any other power or responsibility in accordance with the law, and to its application in any other manner in accordance with the law, Part IX of the Act shall also apply mutatis mutandis to these rules. Offences and punishments. 5.
(1)Without prejudice to rule 4, any person who breaches the provisions of these rules or any obligation in accordance with these rules, or breaches a provision of Commission Regulation (EU) 2017/644, or hinders any person responsible for their implementation, shall on conviction, be liable to the punishments established in the Act.
(2)Without prejudice to the provisions of sub-rule
(1), the Court may also order any person guilty of an offence, to pay for the expenses incurred by the competent authority and the Director as a result of the said offence, as well as the revocation of any permit or certification issued under these rules and the confiscation, retention or destruction or other means of disposal of the animals and, or other things involved. Right of appeal. Cap. 490. 6.
(1)Decisions of the Director in terms of these regulations shall be subject to a right of appeal before the Administrative Review Tribunal established by article 5
(1)of the Administrative Justice Act.
(2)An appeal in terms of this regulation shall be filed within twenty
(20)days from service of the Director’s decision: Provided that the Director’s decision shall become immediately applicable and enforceable and shall remain applicable throughout the term of appeal until final judgment by the Administrative Review Tribunal and shall remain applicable unless it is overturned by the Tribunal or withdrawn by the Director. Cap. 490.
(3)There shall be a right of appeal from decisions of the Administrative Review Tribunal to the Court of Appeal in accordance with the provisions of Part IV of the Administrative Justice Act.