L.S. 85.07(R) Regoli dwar l-Esportazzjoni bl-Ajru tat-Tadam Imħassar bl-Act XXXIV tal-2023

(1)In these Rules, unless the context otherwise requires - Title. Interpretation. "Board" means the Board of Reference constituted under rule 11 of these Rules; "Department" means the Department of Agriculture; "Minister" means the Minister responsible for Agriculture; "Ordinance" means the Agricultural Produce (Export) Ordinance. Cap. 85.

(2)Words not otherwise defined in these Rules shall have the same meaning as is assigned to them in the Ordinance. 3. Any person who intends to export tomatoes by air to any country specified in the First Schedule to these Rules shall, not later than twenty-four hours before the proposed time of export, give to the Director a written notice in the form set out in the Second Schedule: Notice to Director. Provided that (

1. a)the Director may, at his discretion, accept such shorter notice as he may deem reasonable, and (
2. b)the exporter may present for inspection and eventual exportation a smaller quantity than that shown in the notice. 4. Tomatoes in respect of which notice has been given in accordance with the provisions of rule 3 shall be presented for inspection by an inspector at such place and time as the Director may specify. Tomatoes to be presented for inspection. 5. Tomatoes presented for inspection shall be packed in containers of a design previously approved by the Director and bearing an appropriate label in accordance with the Third Schedule. Containers and labels. 6.

(1)Tomatoes presented for inspection prior to export shall conform, both as regards grade and as regards size, to the provisions contained in the Third Schedule. Condition of produce.

(2)Any tomatoes so presented shall be in such a state of maturity that they can reasonably be expected to ripen within seventy-two hours of arrival at the country of destination.

1. Tomatoes packed in any one container shall consist of one only of the grades shown in the Third Schedule and shall be *These Rules have been repealed by Act XXXIV of
2. Uniformity of containers. 2 [ S.L.85.07 EXPORT OF TOMATOES BY AIR uniform as to ripeness and colour. Marking of containers.
3. There shall be printed on each container of tomatoes, in clear and legible letters, the words "PRODUCE OF MALTA" and the name of the exporter. Approval of consignment.
4. When an inspector is satisfied that a consignment of tomatoes conforms in all respects to the provisions of these Rules he shall mark each container thereof with the words "PASSED FOR EXPORT" and shall provide the exporter with a certificate in the form set out in the Fourth Schedule. Consignment not passed for export.
5. If an inspector is not satisfied that a consignment of tomatoes, or any part thereof, conforms in all respects to these Rules, he shall not place any mark on any of the containers not approved by him but shall provide the exporter with a notice in the form set out in the Fifth Schedule, and the exporter shall, if the inspection was carried out on premises occupied by the Government, remove forthwith any such containers therefrom unless he gives the inspector notice of reference to the Board. Board of Reference. 11.

(1)The Board of Reference, referred to in article 18 of the Ordinance, shall be composed of the Director, or an officer of the Department acting on behalf of the Director, as Chairman and two other members selected from a panel of ten persons engaged in 'the agricultural produce export trade.

(2)Such panel shall be appointed yearly by the Minister.

(3)The two members of the Board, other than the Chairman, shall be selected one by the Chairman and one by the complainant.

(4)No panel member shall sit on the Board in connection with any tomatoes in respect of which he shall have any direct or indirect interest. Fees for inspection. Amended by: L.N. 408 of

2. There shall be charged in respect of an inspection of any tomatoes intended for export a fee of one euro and sixteen cents (1.16) per ton or part thereof. Fee for reference to Board. Amended by: L.N. 408 of
4. Any exporter who wants to refer to the Board a decision given by an inspector shall deposit with the inspector a fee at the rate of twelve cents (0.12) per package of tomatoes, which deposit shall in no case be less than six euros and ninety-nine cents (6.99). [ S.L.85.07 EXPORT OF TOMATOES BY AIR FIRST SCHEDULE (Rule 3) Countries of destination to which these Rules apply United Kingdom of Great Britain and Northern Ireland SECOND SCHEDULE (Rule 3) Form of notice of the intention to export tomatoes by air Name of exporter ........................................................................ Place of business ........................................................................ Place where tomatoes were grown .............................................. No. of containers to be exported ................................................. Net Weight in Lbs/Kgs ............................................................... Distinguishing Marks (if any) ..................................................... Anticipated time of arrival at Airport hour day month year Scheduled time of departure of aircraft Signature of exporter ................................... Date and time .............................................. For Office Use Only Inspected and graded by (name) ................................................ at (place of inspection)................................................ on (date and time)................................. and passed for export. Number of Containers Extra Class B C D Class I “Round” only E F B C D E F ............................. INSPECTOR 3 4 [ S.L.85.07 EXPORT OF TOMATOES BY AIR THIRD SCHEDULE (Rules 5, 6 and 7) Grades of Tomatoes for Export A. EXTRA CLASS This class is designed for tomatoes of the highest quality. Characteristic Requirement Development and Maturity Must be sound and firm. Must be mature and the state of ripeness must be such as to allow the tomatoes to remain in good condition during the normal period of distribution. Colour Colour must be uniform over the whole surface, or such that the tomato is likely to ripen to a uniform colour. Shape S h ape m ust b e ro un d and sm o ot h in outline. The locular divisions must be shallow and must not be obvious beyond one-third of the distance between the calyx and the blossom end. Cleanliness Must be clean contamination. Progressive Defects Must be free from any blemish or injury which might affect keeping quality. Non-Progressive Damage and Blemish Small insignificant blemishes not a ff e c t i n g k e e p i n g q u a l i t y a r e a l l o w e d provided that they do not detract from the overall appearance of the individual tomatoes or of the contents of a container. Sizing Tomatoes within a container must fall within one of the following size ranges as m e a su r e d b y t h e m ax i m u m t r a n s v e r s e diameter of the fruits: and free from B. 6.7cm and above but less than 7.7cm C. 5.7cm and above but less than 6.7cm D. 4.7cm and above but less than 5.7cm E. 4cm and above but less than 4.7cm F. 3.5cm and above but less than 4cm EXPORT OF TOMATOES BY AIR B. [ S.L.85.07 CLASS I This class is designed for good quality tomatoes reasonably free from blemish. Characteristic Requirement Development and Maturity Must be sound and firm. Must be mature and the state of ripeness must be such as to allow the tomatoes to remain in good condi tion during the norm al period of distribution. Colour Slight colour defects are allowed, but o nl y a t r ac e m a y b e pr e se nt o f co l o ur defects detrimental to the flesh beneath. Shape Tomatoes must be reasonably round and regular in shape. Cleanliness A trace of soiling is allowed provided that it does not detract from the overall appearance of the individual tomatoes or of the contents of a container. The tomatoes must be free from contamination. Progressive Defects Must be free from any blemish or injury which might affect keeping quality. Non-Progressive Damage and Blemish Minor blemishes and minor damage not a ff e c t i n g k e e p i n g q u a l i t y a r e a l l o w e d provided that they do not significantly detract from the overall appearance of the individual tomatoes or of the contents of a container. Sizing Tomatoes within a container must either fall within two consecutive groups of the following size ranges, according to their maximum transverse diameter, or else be packed to one of the size ranges: B. 6.7cm and above but less than 7.7cm C. 5.7cm and above but less than 6.7cm D. 4.7cm and above but less than 5.7cm E. 4cm and above but less than 4.7cm F. 3.5cm and above but less than 4cm 5 6 [ S.L.85.07 EXPORT OF TOMATOES BY AIR C. LABELS
5. The class claimed must be inserted on a label in a "box" measuring not less than 3.5cm in length and 2.5cm in height. A blank space measuring not less than 4cm in length and 2.5cm in height must be provided adjacent to and to the right of the class designation "box" followed by a box for the size range of the contents.
6. The size range packed must be marked on the label in the appropriate box either in millimetres showing the minimum and maximum for the range (the lower figure to be stated first) or by the appropriate code letter. (Vide Sample Labels).
7. Every letter, word or numeral appearing on the label shall: (i) be clearly legible; (ii) be printed in a dark colour upon a light coloured ground, or in a light colour upon a dark coloured ground; (iii) be not less than 0.7cm in height when relating to the class and not less than 0.3cm in height for other particulars. Sample Labels (not to measure) TOMATOES EXTRA B TOMATOES EXTRA 6.7cm to 7.7cm TOMATOES 1 Round F. TOMATOES 1 Round 3.5cm to 4.0cm [ S.L.85.07 EXPORT OF TOMATOES BY AIR FOURTH SCHEDULE (Rule 9) Certificate of Inspection of Tomatoes (Given under Rule 9) A consignment of ............................... containers of tomatoes presented for export by ...................................on ......................... aircraft, Flight No. ..................... on ....................................... has been inspected at ........................................... on .......................... by the undersigned, duly appointed inspector, and passed as fit for export and properly graded as provided in the Rules. A mark "Passed for Export" has been placed on each container. .............................. INSPECTOR FIFTH SCHEDULE (Rule 10) Notice required under Rule 10 I, ............................................................., a duly authorised inspector, having-examined the consignment of tomatoes presented by you on ........................ and consisting of .............................. containers do not consider that this

(1)consignment/

(2)........................... containers thereof conforms/conform to the Rules for the following reasons ...................................................... ....................................................................................................... ....................................................................................................... Your attention is drawn to the fact that in terms of article 18 of the Agricultural Produce (Export) Ordinance and rule 11, you are entitled to have this decision reviewed by a Board of Reference in accordance with the procedure therein. If you do not wish to have this decision reviewed you are hereby requested forthwith to remove the said consignment or part thereof, as the case may be, in accordance with rule 10. DATE .............................. ................................. INSPECTOR NAME AND ADDRESS OF EXPORTER ....................................... ....................................... ....................................... 7