[ S.L.85.03 ONIONS FOR EXPORT 1 SUBSIDIARY LEGISLATION 85.03 ONIONS FOR EXPORT REGULATIONS* 17th June, 1958 GOVERNMENT NOTICE 380 of 1958, as amended by Legal Notices 37 of 1968, 37 and 42 of 1969, and 408 of 2007. 1. The title of these regulations is Onions for Export Regulations. Title. 2. Onions intended for export shall be sound, whole, clean, dry, mature and free from diseases, insects and insect damage; in addition, they shall be of a round shape typical of the variety and free from thick necks. Requirements for export. 3. Onions intended for export shall be graded as follows: (
- a)Exports to countries forming part of the European Free Trade Association: Grade A - Medium Size Grade B - Large Size Grade A onions are those which do not pass through a square gauge having each side four centimetres long but which pass through a square gauge having each side seven point five centimetres long; Grade B onions are those which do not pass through a square gauge having each side seven point five centimetres long. (
- b)Exports to countries forming part of the European Economic Community: Grade A - Medium Size Grade B - Large Size Grade A onions are those which do not pass through a square gauge having each side four centimetres or four point five centimetres long but which pass through a square gauge having each side six centimetres or six point five centimetres long respectively; Grade B onions are those which do not pass through a square gauge having each side six centimetres or six point five centimetres long, but which pass through a square gauge having each side eight centimetres or eight point five centimetres long respectively. (
- c)Exports to any country: Grade C - Small Size Grade C onions are those which do not pass through a square gauge having each side three point two centimetres long, but which pass through a square gauge having each side four *These Regulations have been repealed by Act XXXIV of 2023. Grading requirements. Substituted by: L.N. 39 of 1969. Amended by: L.N. 42 of 1969. 2 [ S.L.85.03 ONIONS FOR EXPORT centimetres long. Permission of Director of Agriculture to export. 4. No grade C onions shall be exported without the special permission of the Director of Agriculture who may give such permission in special cases where it is shown to his satisfaction that the buyer or consignee wishes to receive grade C onions to meet the requirements of a special trade or of a special demand. Varieties to be packed in different containers. 5. Onions of different varieties shall not be packed in any one container. Onions to be packed in standard containers. 6. Onions shall be packed for export in standard containers which shall be new, each capable of containing one half of a hundredweight of onions, sufficiently strong to warrant arrival to their destination in a sound condition and so made as to permit adequate ventilation of the onions. Marking of containers. 7.
(1)Before the inspections provided for in these Regulations, every container shall be marked on the outside in indelible and easily visible characters with: (
- i)(
- ii)(iii) (
- iv)(
- v)the words "MALTA PRODUCE"; the official number of the broker; the word "ONIONS"; a design representing the Maltese Cross; and the name and/or mark of the exporter.
(2)Moreover, each container of grade B and grade C onions shall be marked by tying thereto a piece of ribbon not less than twenty-three centimetres long and coloured red and blue respectively. No ribbon shall be tied to containers of grade A onions. A label supplied by the Department of Agriculture has to be attached by the exporters to each container classifying the grade.
(3)The ribbons shall be obtained from the Department of Agriculture at cost price.
(4)Every consignment of onions shall be examined by an inspector of the Department of Agriculture before shipment.
(5)The inspector may, at his discretion, examine all or any one or more of the containers in any consignment and the contents thereof: Provided that before he refuses to issue an export licence in respect of any consignment, he must inspect not less than ten per centum thereof. Consignment to be re-inspected if not shipped within one week.
- Any consignment approved for export shall be liable to a new inspection if not shipped within one week of the previous inspection. Application for inspection.
- Applications for inspection shall be made to an inspector or to the Director of Agriculture at least twenty-four hours before shipment: Provided that applications may also be made within the said period of twenty-four hours, but in this case the Department of Agriculture shall not be under any obligation to make the inspection within the required time. ONIONS FOR EXPORT [ S.L.85.03 3
- Every application for inspection shall specify the name of the exporter, the number of the containers and the description of their contents, and the destination of the consignment. Application for inspection to specify, name of exporter, etc.
- No application for inspection shall be considered unless the onions duly packed in the containers are exhibited in the Potato Export Control Warehouse or in some other place approved for the purpose by the Director of Agriculture. Consideration of application.
- Inspections shall cease half an hour before sunset, unless otherwise authorised by the Director of Agriculture. Inspection to cease half an hour before sunset.
- A fee calculated on the basis of €0.005 per container in the consignment shall be charged for the inspection: Fee. Amended by: L.N. 408 of
- Provided that the fee in respect of the inspection of any one consignment shall not be less than twenty-nine cents (0.29). If a consignment which is refused for export is subsequently resubmitted for inspection after re-sorting and/or re-grading the fee charged for each such subsequent inspection shall be the same as and shall be additional to that of the initial one.
- If a consignment when inspected is found to conform in all respects with these Regulations and to be fit for export, the Director of Agriculture shall issue a licence to that effect; such licence may also be issued by the Controller of Agricultural Marketing. Issue of licence if goods found to be fit for export.
- Whenever the sealing of containers is required, a further fee of €0.005 shall be charged for every seal used. Further fee if sealing of bags is required. Amended by: L.N. 408 of
- To meet the requirements of any particular trade or of any special demand the Director of Agriculture may permit the export of onions which are classified, graded, packed and marked otherwise than in the manner specified in these Regulations. Different classifications. 17.
(1)The public weigher who weighs onions for export shall register the weight of every consignment in a serially numbered book, obtainable from the Department of Agriculture at cost price. Such books shall be made up of a foil and triplicate counterfoils; the counterfoil copies of each note of weight shall be delivered on request to the seller, the purchaser and the broker, if any; the public weigher shall keep the original. Public weigher to register weight of every consignment.
(2)Every note of weight shall show: (
- i)the name and address of the seller; (
- ii)the name and address or official number of the broker, if any; (iii) the name and address, or business name of the purchaser; (
- iv)the number and nature of the packages in any consignment; (
- v)the weight of the consignment; (
- vi)the date of weighing; (vii) the net price per qantar as stated by the grower; 4 [ S.L.85.03 ONIONS FOR EXPORT and (viii) the weigher’s signature. Book to be returned to the Department of Agriculture. 18. Every such book, with all the foils and the remaining counterfoils, shall be returned to the Department of Agriculture before the end of August of each year. Board of Reference. Amended by: L.N. 37 of 1968. Cap. 85. 19. The Board of Reference referred to in article 18 of the Agricultural Produce (Export) Ordinance shall be composed of the Di re c t o r of Ag r ic ulture o r a n off icer of the De pa rtment o f Agriculture acting on his behalf as Chairman and two members to be chosen from a panel of ten persons engaged in the agricultural 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 by the chairman. No panel member shall sit on the Board in connection with any produce in which he has an interest. Fee per package to be deposited with inspector. Substituted by: L.N. 408 of 2007. 20. 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, provided that the minimum fee in this connection shall be six euros and ninety-nine cents (6.99).