[ S.L.85.02 CUMIN SEED EXPORT 1 SUBSIDIARY LEGISLATION 85.02 CUMIN SEED EXPORT REGULATIONS* 29th November, 1935 GOVERNMENT NOTICE 481 of 1935, as amended by Legal Notices 40 of 1968 and 408 of 2007. 1. The title of these regulations is Cumin Seed Export Regulations. Title. 2. "Foreign matter" means any matter other than the seed of the cumin plant, such as cumin seed stalks, seeds of other plants, stones and soil. Interpretation. 3. Cumin seed intended for export shall be sound, dry, free from disease, insects and insect damage and shall not contain a percentage of foreign matter, calculated by weight, greater than that specified in these Regulations. Grading requirements. 4. Subject also to conformance with the general requirements, stated in regulation 3, cumin seed shall be graded for export as follows: Additional requirements. Grade 1. Cumin Seed, which shall not contain a percentage of foreign matter greater than five per cent. Grade 2. Cumin Seed, which shall contain a percentage of foreign matter greater than five per cent and less than eight per cent. 5. No Grade 2 cumin seed shall be exported without the special permission of the Director of Agriculture, who may give su c h p e r m i s si o n i n s p e c i a l e a s e s w h e r e i t i s p r o v e d t o h i s satisfaction that the buyer or consignee wishes to receive Grade 2 cumin seed to meet the requirements of a special trade or of a special demand. Permission of Director of Agriculture. 6. Cumin seed from crops of different years shall not be mixed in any one bag. Crops of different years. 7. Cumin seed shall be packed for export in new bags which shall be sufficiently strong as to warrant arrival at their destination in sound condition. Containers. 8. On the outside of every bag shall be marked before inspection, in legible and easily visible characters the following: Markings. (
- i)(
- ii)(iii) (
- iv)(
- v)the grade of the cumin seeds Grade 1 or Grade 2; the words Cumin Seed; the words Malta Produce; a design representing the Maltese Cross; and the name and/or the mark of the exporter. 9. Every consignment of cumin seed shall, before shipment, be examined by an inspector of the Department of Agriculture. *These Regulations have been repealed by Act XXXIV of 2023. Inspection and control. 2 [ S.L.85.02 CUMIN SEED EXPORT Inspector to examine all or any of the bags in any consignment. 10. The inspector may, at his discretion, examine all or any of the bags in any consignment, provided that samples shall be taken for determination of the foreign matter from not less than ten per cent of the bags in the consignment in question. Consignment to be re-inspected if not shipped within two weeks. 11. Any consignment approved for export shall be liable to a new inspection if not shipped within two weeks of the inspection. Application for inspection. 12. Application for an inspection shall be made to an inspector or to the Director of Agriculture at least three clear working days before shipment: Provided, however, that application may be made at shorter notice at the risk of the exporter. Application for inspection to specify name of exporter, etc. 13. Every application for inspection shall specify the name of the exporter, the number of the bags, the destination of the cumin seed and the year of the crop of the cumin seed in the consignment, provided that when the consignment contains cumin seed from more than one crop, the number of bags respectively of each crop shall be stated. Consideration of application. 14. No application for inspection shall be considered unless the packages are exhibited in the Potato Export Control Warehouse or in some other place approved for the purpose by the Director of Agriculture. Fee. Amended by: L.N. 408 of 2007. 15. A fee of one cent (0.01) for each bag shall be charged for inspection, such fee including the cost of the analysis for the determination of the percentage by weight of foreign matter present, provided that the fee for the inspection of any one consignment shall not be less than twenty-nine cents (0.29). If a consignment which is refused is subsequently re-submitted for inspection after re-sorting the cumin seed, a further fee of twentynine cents (0.29) shall be charged for each such subsequent inspection. Issue of licence and certificate if goods found to be fit for export. 16. If the cumin seed when inspected is found to conform in all respects with these Regulations and to be fit for export, the Director of Agriculture, or an authorised officer acting on his behalf, shall issue a licence to that effect. Furthermore, a certificate shall be issued in respect of each consignment inspected certifying the percentage by weight of foreign matter present, as determined by analysis of the sample taken from the consignment in question. Further fee if sealing of bags is required. Amended by: L.N. 408 of 2007. 17. Whenever the sealing of bags of cumin seed is required a further fee of €0.005 shall be charged for every seal used. Board of Reference. Amended by: L.N. 40 of 1968. 18. The Board of Reference shall be composed of the Director of Agriculture or an officer of the Department of Agriculture acting on his behalf as Chairman and two members chosen from a panel of ten persons engaged in the produce export trade. The panel shall be nominated by the Minister responsible for Agriculture before the beginning of each export season. On each Board of Reference one of the panel members shall be selected by the complainant and one b y the Chairm an. No panel m ember shall si t on a Board in connection with any produce in which he has an interest. CUMIN SEED EXPORT [ S.L.85.02 3 19. A fee at the rate of twelve cents (0.12) per package shall be deposited with the inspector by the exporter requiring reference to a Board of Reference. The minimum fee in this connection shall be six euros and ninety-nine cents (6.99). Fee per package to be deposited with inspector. Substituted by: L.N. 408 of 2007. 20. The Department of Agriculture shall undertake the analysis of samples of cumin seed for persons who, in connection with local sale or purchase, wish to ascertain the percentage of foreign matter present. Such samples shall be delivered at the office of the Department of Agriculture in Valletta and a fee of twenty-nine cents (0.29) shall be charged for each such analysis performed. With reference to such analyses the Department of Agriculture shall not be responsible for the accuracy of the sampling of the cumin seed. Local sale or purchase. Amended by: L.N. 408 of 2007.