Chapter 449

[ CAP. 449. FOOD SAFETY 1 CHAPTER 449 FOOD SAFETY ACT To make provision for any matter related to food safety and to establish a Food Safety Commission, to introduce new provisions for enforcement in relation to food, and to repeal the Food, Drugs and Drinking Water Act. 13th September, 2002 ACT XIV of 2002, as amended by Legal Notice 426 of 2007; and Acts XXIX of 2007 , VI of 2011 , XXXV of 2023 and XV of 2025. PART I Preliminary 1. The short title of this Act is Food Safety Act. Short title. 2. (1) Interpretation. Amended by: XV.2025.39. In this Act, unless the context otherwise requires - "additive" means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may be reasonably expected to result, in it or its by-products becoming directly or indirectly a component of such foods; "advertisement" includes any notice, circular, label, wrapping, invoice or other document or presentation, and any broadcast or public announcement by visual or acoustic presentation or both, and "to advertise" shall be construed accordingly; "authorised technique" shall not include any technique which involves no more than, or no more than the assistance of, naturally occurring processes of reproduction, including selective breeding techniques or in vitrio fertilisation; "authorised officer" means any person suitably qualified to the satisfaction of the Food Safety and Security Authority; "authorised place" means any port, airport or other place authorised by or under the regulations which is used, or is capable of being used, for the importation or exportation of food or food sources, and, in relation to food in a particular consignment, includes any place so authorised for the importation of that consignment; "commercial operation" in relation to any food or contact material means any of the following: (a) selling, possessing for sale, and offering, exposing or advertising for sale; (b) consigning, delivering or serving by way of sale; (c) preparing for sale or presenting, labelling or wrapping for the purpose of sale; (d) storing or transporting for the purpose of sale; 2 [ CAP. 449. FOOD SAFETY (e) importing or exporting; and, in relation to any food source, means deriving food from that food source for the purpose of sale or for purposes connected with sale; "Commission" means the Food Safety Commission established under article 5; "consumer" means any natural or legal person who, not in the course of a business, trade or profession, buys or otherwise receives food or food sources within the meaning of the provisions of this Act; "contact material" means any article or substance which is intended to come into contact with food; "container" includes any basket, pail, tray, package or receptacle of any kind, whether open or closed; "court" means such court having jurisdiction according to law over any person charged with having committed offences against any of the provisions of this Act; "description", in relation to food, includes any description of its origin or of the manner in which it is packed; "food" means: (a) any substance or products, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans; and (b) includes and, or excludes any other substance or product as the Minister may by regulation prescribe; "food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution and the importation and exportation of food; "food control" shall include the totality of all regulatory, l ic e nsi ng , en fo rc e me nt an d pr e v e nt io n a nd o th e r a c t iv it ie s conducted for purposes of health, food safety and hygiene, compositional, nutritional or other value, or otherwise, in relation to the preparation, production, processing, sale and provision of food or food sources in, or seeking admittance to Malta, including the operation of all food business by whomsoever conducted; "food premises" means any premises used for the purposes of a food business, and includes stalls, whether in open or closed markets, vehicles, whether movable or not, and sea-going vessels, including fishing vessels; Cap. 649. "Food Safety and Security Authority" means the Food Safety and Security Authority established by article 4 of the Food Safety and Security Authority Act; "food source" means any growing crop, live animals, bird or fish from which food is intended to be derived, whether by harvesting, milking, collecting eggs or otherwise; FOOD SAFETY [ CAP. 449. "irradiated" means treated with ionised irradiation sources, including X-rays, electronic beams or gamma rays; "label" includes any tag, ring or collar, brand name, trade mark, pictorial or other descriptive matter in any case, which is written, printed, stencilled, marked, embossed or impressed on, or attached to, a container of food, or in any other way clearly visible through its packaging; "labelling" includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food; "licence" means any authorising document issued by any body or authority appointed by the Government for that purpose; "licensee" means any person to whom the licence is issued or any person acting in his stead; "Minister" means the Minister responsible for food; "novel food" means any food which has not previously been used for human consumption in Malta, or has been so used only to a very limited extent, or food produced, prepared or processed in such manner by using methods which produce significant changes in the compositional or nutritional value of the food, or the use to which it is put; "nutritional" means of nutritive value; deriving from nutrients in the composition of food; such nutrients include proteins, dietary fats, carbohydrates, minerals, vitamins, dietary fibres and other nutrients with energy content; "preparation" includes manufacture and any form of treatment or alteration, including handling, and "preparation for sale" includes packaging and "to prepare for sale" shall be construed accordingly; "responsible person" means the person responsible for the food business, food premises or food product and, in his absence, includes such employee or other person, being the senior employee or person present, engaged in operating the food business or food premises at the time; such senior employee or person shall be presumed to be acting on the authority of the person responsible unless the person responsible produces proof to the contrary; "sale" shall be construed as a reference to sale for human consumption; "source of supply" shall include any spring, well, tank, cistern, conduit, aqueduct, reservoir and other waterworks. (2) For the purpose of this Act (a) the supply of food, otherwise than by sale, in the course of a business; and (b) any other thing which is done with respect to food which may, from time to time, be specified by regulations made under this Act, shall be deemed to be a sale of the food, and references to 3 4 [ CAP. 449. FOOD SAFETY ''purchases'' and ''purchasing'' shall be construed accordingly. Applicability of this Act. 3. (1) This Act shall apply to all food products, whether produced in Malta, imported into Malta or exported therefrom, and whether intended for sale on the local market or intended for export. (2) This Act shall also apply (a) in relation to any food which is offered as a prize or reward or given away in connection with any entertainment to which the public is admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organization of the entertainment; (b) in relation to any food which, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and (c) in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in paragraphs (a) and (b), as if the food were, or had been, exposed for sale by the responsible person in respect of the premises, and in this article "entertainment" includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill. "Extension of applicability to exclusive economic zone area or environment protection area. Added by: XXXV.2023.62. Cap. 362. Cap. 625. 3A. The provisions of this Act and of any subsidiary legislation made thereunder shall also apply, in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea as ratified by the Law of the Sea (Ratification) Act, to an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act. Any artificial island, installation, structure, equipment or device therein shall, solely for the purposes of this Act and any subsidiary legislation made thereunder, be treated as if they were situated in Malta itself. Presumptions. 4. (1) For the purposes of this Act, any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold, or, as the case may be, to have been or to be intended for sale for human consumption. (2) Unless the contrary is proved, it shall be presumed that (a) any food commonly used in the manufacture of food for human consumption; and (b) any article or substance commonly used in the manufacture of food for human consumption, which is found on premises used for the preparation, storage, or sale of that food is intended for sale, or for manufacturing food for sale, for human consumption. (3) Any article or substance capable of being used in the FOOD SAFETY [ CAP. 449. 5 composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use. P ART II Food Safety Commission 5. Deleted by Act XV.2025.39. 6. Deleted by Act XV.2025.39. 7. Deleted by Act XV.2025.39. 7A. Deleted by Act XV.2025.39. Food Safety Commission. Amended by: VI. 2011.174. Judicial and legal representation. Functions of the Commission. The Commission to exercise functions through the Director General (Technical Regulations). Added by: XXIX. 2007.16. Amended by: VI. 2011.175. Cap. 419. 8. Deleted by Act XV.2025.39. Power to publish warnings and information. 9. Deleted by Act XV.2025.39. Conduct of business of Commission. Amended by: XXIX. 2007.17; VI. 2011.176. Cap. 427. Cap. 510. P ART III Regulations 10. (1) The Minister may make regulations (a) regarding the importation, exportation, preparation, composition, advertising, sale, disposal and, or destruction of food and prescribing standards of minimum permissible quality, composition or other property of such food and without prejudice to the generality of the aforesaid, such regulations may in particular (i) require, prohibit or regulate the addition of any specified additive or substance, a combination of additives or substances, or any substance or additive of any specified class, to any food intended for human consumption or to any class of such food, or the use of such substance as an ingredient in the preparation of such food; (ii) require, prohibit or regulate the use of any materials or any process or treatment in the preparation of any food intended for sale for human consumption, or of any class of such food Power of Minister to make regulations. Amended by: XXXV.2023.63. 6 [ CAP. 449. FOOD SAFETY including in the storage of food or in food sources; (iii) prohibit or regulate the sale, possession for sale, or offering, exposing or advertising for sale, of any specific substance, or of any substance of any specific class, with a view to its use in the preparation of any food intended for human consumption, and the possession of any such substance for use in the preparation of food intended for sale for human consumption; (iv) impose requirements or prohibitions as to, and otherwise regulate, the labelling, stamping, marking, presenting or advertising of any food intended for sale for human consumption, and the descriptions which may be applied to any such food; and may in any regulations under this paragraph require that such labels be in Maltese and, or, in English; (v) prohibit or regulate the sale, possession for sale, offer, exposure or advertisement for sale, importation, consignment, or delivery, or exportation, of any food intended for human consumption which does not comply with any regulations made under this article, or in relation to which an offence has been committed against any of the said regulations; (vi) prohibit or impose requirements as to, or otherwise regulate the sources of supply of water used in the preparation, processing, alteration or sale of food for human use or consumption, whether or not for drinking purposes; (vii) prescribe standards of hygiene in connection with food, utensils, equipment and any other article used for the manufacture, preparation, preservation, packaging, storing, handling, transportation, distribution, disposal, destruction, and testing of food; (viii) empower the Food Safety and Security Authority to require any person who carries on a business which includes the production, importation, exportation, use or distribution of any substance used in the process, preparation or production of any food intended for human consumption, to furnish to the Food Safety and Security Authority such particulars as may be specified in any such regulations regarding the composition and use of any such substance; (b) for securing the observance of hygienic and sanitary conditions and practices in connection with the carrying out of commercial operations with respect to food or food source and without prejudice to the generality of the aforesaid, such regulations may in FOOD SAFETY [ CAP. 449. particular (i) impose requirements as to the construction, layout, drainage, equipment, maintenance, cleanliness, ventilation, lighting, water supply and use of premises in, at or from which food intended for human consumption is produced or sold, or is offered, exposed, stored or prepared for sale, including any parts of such premises in which apparatus or utensils are cleansed, or in which refuse is disposed of or stored; (ii) impose requirements as to the provision, maintenance and cleanliness of sanitary and washing facilities in connection with such premises, the disposal of refuse and the maintenance and cleanliness of apparatus, equipment, furnishings and utensils used in such premises; (iii) prohibit or regulate the sale or importation of apparatus or utensils designed for use in the preparation of food intended for human consumption and containing any specific material or material of any specific class; (iv) control or otherwise regulate the use of containers, and the packaging or wrapping of any food intended for sale for human consumption or of any ingredients thereof; (v) impose requirements as to the clothing which is to be worn by persons in any such premises; (vi) prescribe the precautions to be taken for protecting food against infection or contamination; (vii) regulate generally the treatment and disposal of any food unfit for human consumption; (c) require the observance of hygienic conditions with respect to contact materials which are intended to come into contact with food for human consumption; (d) impose requirements or prohibitions as to, or otherwise regulating, the labelling, marking or advertising of materials referred to in paragraph (c), and the descriptions which may be applied to them; (e) otherwise to prohibit or regulate the carrying out of commercial operations with respect to materials referred to in paragraph (c); (f) prohibit or regulate the carrying out of commercial operations with respect to novel foods and novel food ingredients, or food sources from which such foods are intended to be derived, of any class as may be specified in the regulations; (g) prohibit or regulate the carrying out of such operations with respect to genetically modified or irradiated foods, or foods derived from such food sources, of any 7 8 [ CAP. 449. FOOD SAFETY class as may be specified; or (h) exclude, in each case, from the prohibition of importation or exportation of any food or food source which is of a description specified by or under the regulations and, in the case of a prohibition on importation, is imported or exported for use at such place as may be authorised; (i) generally regulate food, food sources or contact materials, including the prohibition or regulation of the carrying out of commercial operations with respect to food, food sources or contact materials, as may appear to him to be expedient or necessary in order to conform with any international agreement which applies to Malta (j) subject to the provisions of subarticle (5), provide for the requirement of the registration or the holding of a licence in connection with any food premises, food businesses or person engaged in any food business or who is responsible for any food premises; (k) provide for the appointment of official laboratories for the purposes of this Act; (l) regulate the matters to be taken into account in determining whether, and at what times, samples should be procured; (m) regulate the manner of procuring samples, including the steps to be taken to ensure that the samples procured are fair and adequate samples; (n) regulate the method of dealing with samples, including, where appropriate, their division into parts; (o) regulate the persons to whom the samples or parts of the samples are to be delivered and the persons by whom they are to be retained; (p) regulate the methods which are to be used in the analysis or examination of samples, or in the classification and evaluation of the results of such analyses or examinations; (pa) for activities taking place within an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act; and Cap. 625. (q) make provision for giving effect to any international obligation or agreement to which Malta may be a party. (2) Any particulars or other information obtained by the Food Safety and Security Authority pursuant to any regulations made under subarticle (1)(a)(viii) shall not be disclosed except as may be necessary for the purposes of any regulations made under subarticle (1)(a)(i), (ii), (iii) or (v) or for the purposes of any proceedings for any offence. (3) The conditions and requirement imposed on premises, by FOOD SAFETY [ CAP. 449. 9 regulations made under subarticle (1)(b), may be extended to apply to seacraft, stalls and other places, as may be prescribed in such regulations. (4) For the purposes of this subarticle (1)(f), (g) and (h), a food source shall be considered to be genetically modified if any of the genes or other genetic material in the food source (a) has been modified by means of an artificial technique; or (b) is inherited or otherwise derived, through any number or replications, from genetic material which was so modified; or (c) has been modified by any other means as the Minister may prescribe. (5) Regulations made under subarticle (1)(j) may provide for the suspension or cancellation of any registration, either wholly or in respect of a part of the business for which the registration is applied for or is held, or for the refusal, suspension or cancellation of any licence or licence application provided for under this Act (a) where the requirements of regulations made under this article are not complied with in relation to that business, or (b) where the premises, vehicle, stall or other place, or any part thereof, are otherwise unsuitable, having regard to considerations of hygiene and in particular to the situation, construction or condition of such premises, vehicle, stall or other place, or to any activities carried on therein, for the purpose or purposes specified in the relative application, or for which they are actually used, as the case may be. (6) Any person who contravenes any of the provisions of any regulation made under subarticle (1) shall be guilty of an offence. (7) Where under any other law a power is conferred on a Minister to make regulations in relation to food, such power is exercisable subject to consultation with the Minister. P ART IV General Provisions Registration of Food Premises, etc. 11. (1) No person shall engage in any food business unless such person, the food business and the food premises to be used for that purpose are registered with and, where required by or under this Act, licensed by the Food Safety and Security Authority. (2) No food premises which are registered for use or, where required by or under this Act, licensed for the purposes of, any food business, shall be otherwise used than for the purpose for which they are registered or licensed, and in accordance with any terms or conditions to such licence, and in accordance with any regulation applicable thereto. Registration of premises, etc. 10 [ CAP. 449. FOOD SAFETY (3) Any person who acts in contravention of subarticles (1) or (2) shall be guilty of an offence against this article. Food Safety Rendering food injurious to health. 12. (1) Any person who, in carrying out any food business, knowingly renders any food intended to be sold for human consumption injurious to health by any means whatsoever shall be guilty of an offence against this article. (2) For the purposes of this article, whether any food is injurious to health shall be determined by assessing not only the probable effect of that food on the health of a person consuming it, but also the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities. Monitoring the safety of food. 13. (1) Any person engaged in any food business shall monitor the safety of all food within his control, and when he knows, or has reasonable cause to suspect that any food, food source or contact material may cause injury to health he shall immediately, or as soon as practicable, inform the Food Safety and Security Authority and take any other action as the Minister may by regulation prescribe. (2) Any person who fails to comply with the provisions of subarticle (1) shall be guilty of an offence against this article. Food which fails to comply with safety requirements. 14. (1) Any person who (a) sells, offers, exposes or advertises for sale or has in his possession for sale or for preparation for sale for human consumption; (b) deposits with, or consigns to, any other person for the purpose of sale or preparation for sale for human consumption; (c) supplies by way of compensation or otherwise or conveys from one place to another for human consumption; (d) offers as a prize or reward, or gives away to be so offered, any food which fails to comply with food safety requirements, shall be guilty of an offence against this article. (2) For the purposes of this article, food shall be considered as having failed to comply with food safety requirements in the cases where (a) it has been rendered injurious to health by any means whatsoever; or (b) it is unfit for human consumption; or (c) it is so contaminated, whether by extraneous matter or otherwise, that it would not be reasonable to expect it to be used for human consumption in that state; or (d) it has been prepared, stored, kept, processed, deposited, transported, offered or exposed for sale, or otherwise dealt with under insanitary or unhygienic FOOD SAFETY [ CAP. 449. 11 conditions; or (e) it contains additives or such quantities or combinations of additives which have been prohibited by regulations made under this Act, and references to such requirements or to food complying with such requirements shall be construed accordingly. (3) Where any food fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class, type or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements. 15. (1) Persons who, in the exercise of their functions, come into contact, whether directly or indirectly, with the materials and products referred to in article 25(b) to (f) shall be subjected to the hygiene inspection referred to in article 24(c). Personal hygiene of food handlers. (2) The inspection referred to in subarticle (1) shall be carried out for the purposes of checking that the health standards concerning personal cleanliness and clothing are respected. This inspection shall be without prejudice to any medical examinations that may, from time to time, be required under this or any other law. Consumer Protection 16. (1) No person shall prepare or sell, package, store, offer, expose, keep or advertise for sale for human consumption any article of food equal or similar in appearance to any article of common use for which it might be mistaken so as to cause or to potentially cause risk of injury to health. Prohibition of sale of similar products. (2) Any person who acts in contravention of the provisions of subarticle (1) shall be guilty of an offence against this article. 17. (1) No person shall sell, to the prejudice of the purchaser, any food intended for human consumption which is not of the nature, substance or quality of the food demanded by the purchaser. Selling food to the prejudice of the purchaser. (2) Any person who acts in contravention of the provisions of subarticle (1) shall be guilty of an offence against this article. (3) In any proceedings for an offence against this article, it shall not be a defence for the accused to state that the purchaser was not prejudiced because he had purchased the item for analysis or for examination. 18. (1) Any person who gives with any food sold by him, or displays with any food offered or exposed by him for sale or who has in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container, and any person who advertises or is party to an advertisement which in either case (a) falsely describes the food; or (b) is likely to mislead as to the nature, substance or quality of the food, shall be guilty of an offence against this article: Provided that, in any proceedings under this subarticle, it Labelling, etc. of food. 12 [ CAP. 449. FOOD SAFETY shall be a defence to prove that the accused acted with reasonable diligence, and did not know or could not ascertain that the advertisement contravened this article. (2) Any person who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, any food the presentation of which is likely to mislead as to the nature, substance or quality of the food, shall be guilty of an offence against this article. (3) In any proceedings for an offence against any of the provisions of this article, the fact that the label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the offence was committed. (4) In this article the reference to ''sale'' shall be construed as a reference to sale for human consumption. Packaged food to be labelled. 19. (1) No person shall sell, or offer or expose or advertise for sale, or have in his possession for the purpose of sale, any food in an unopened container, unless such label as may be prescribed is attached or affixed to, or included in, the container. (2) Any person who acts in contravention of the provisions of subarticle (1) shall be guilty of an offence against this article. Information and documentation Supply of information. 20. The Food Safety and Security Authority may direct any person carrying on a food business to furnish it, within a time period specified in the direction, such verifiable information, as may be specified in the direction, including information on such matters as may be specified from time to time by regulations, in relation to any food or food source in relation to which the person carries on business and any person failing to comply with such a requirement shall be guilty of an offence against this article. Documents, etc., to be in writing. 21. (1) Any document which is required or authorised by or under this Act to be given or served on any person, may, in any case for which no other provision is made in this Act, be given or served either (a) by delivering it to that person; or (b) in the case of an officer of the Food Safety and Security Authority by leaving it or sending by post addressed to him, at his office; or (c) in the case of a company or other commercial partnership or other corporate body, by delivering it to an employee of such company, commercial partnership or corporate body at the registered or principal office of such company, commercial partnership or corporate body, or by sending it by post addressed to him at that office; or (d) in the case of any other person, by leaving it or sending it by post addressed to him at his usual or last known residence. (2) Where the document is to be given or served on the owner FOOD SAFETY [ CAP. 449. 13 or the occupier of any premises and it is not possible, after reasonable enquiry, to ascertain the name and address of the person to or on whom it should be given or served, or if the premises are unoccupied, the document shall be deemed to have been properly served if it is affixed on a conspicuous place on the premises and notice of such affixture is published in at least one daily newspaper. Enforcement 22. (1) No person shall be employed or work in, or in connection with, the preparation or the handling of any food intended for sale for human consumption if the employer is aware that such person is, or, as the case may be, if such person is himself aware that he is, suffering from, or is the carrier of, typhoid fever, paratyphoid fever or any other salmonella infection or dysentery, staphylococcal infection, and any other infection likely to cause food poisoning, or any other disease which the Minister responsible for health may, by order, declare to be a disease to which this article applies. Prohibition to employ persons with certain infections. Amended by: XV.2025.39. (2) An order made under subarticle (1) may be revoked, varied or substituted by a subsequent order and may apply to any food, or any class of food, or any particular food, intended for sale for human consumption. 23. No person shall import into Malta any food, intended for sale or for preparation for sale, for human consumption which - Prohibition of the importation of certain foods. (a) has been rendered injurious to health by any means whatsoever; (b) if sold in Malta, would constitute a violation of the provisions of this Act or of any regulations made thereunder; (c) is unsound or unwholesome or otherwise unfit for human consumption; (d) in the preparation of which, any such food as is described in paragraph (c) has been used. 24. Subject to the provisions of articles 25 and 26, food control shall comprise one or more of the following operations: Food control. (a) inspection of food premises; (b) sampling and analysis of food and, or food sources; (c) inspection of staff hygiene and qualifications; (d) examination of written and documentary material; and (e) examination of any verification systems set up by the food business and of the results obtained through such verification systems. 25. The following may be subject to inspection by an authorised officer in the enforcement and execution of this Act: (a) the state and use which is made, at the different stages, of the site, premises, offices, business premises and their surroundings, machinery and equipment; (b) raw materials, ingredients, technological aids and Subject of inspections. 14 [ CAP. 449. FOOD SAFETY other products used for the preparation and production of foodstuffs; (c) semi-finished goods; (d) finished goods; (e) materials and articles intended to come into contact with foodstuffs; (f) cleaning and maintenance products and processes, and pesticides; (g) processes used for the manufacture or processing of foodstuffs; (h) labelling and presentation of foodstuffs; and Inspections. (i) preserving methods; and (j) such other regulations. matters as may be prescribed by 26. (1) Inspections shall be carried out (a) regularly and, or, whenever there exists a suspicion of non-compliance with any of the provisions of this Act or of any regulations made thereunder; and (b) by using means proportionate to the end to be achieved, and shall cover all stages of production, manufacture, importation, processing, storage, transport, distribution, trade, disposal and destruction of food. (2) The authorised officer shall in each case, decide the stage or stages which he considers the most appropriate for its examination from those listed in subarticle (1). (3) The authorised officer may be assisted by any other person whom he considers necessary. Prohibition to publish official statements without written permission. 27. Except with the written permission of the Commission or the Food Safety and Security Authority, as the case may be, no person may publish or cause to be published in any form, a statement intended to, or which may, promote the supply or use of food, food goods, or services relating to food by implying that the Commission or the Food Safety and Security Authority, as the case may be, approves or otherwise such use. Authorised officers. 28. (1) Every person appointed to carry out the function of authorised officer in accordance with this Act, shall declare and confirm that he is not, directly or indirectly engaged in any food business. (2) An authorised officer may inspect any food intended for human consumption, or which he may reasonably believe to be so intended, which (a) has been sold or is offered or exposed for sale; or (b) is, or has been in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale; or FOOD SAFETY [ CAP. 449. 15 (c) is in the course of delivery before or after sale for human consumption, including where this is present in any vehicle, and the provisions of article 31 shall apply where, on such inspection, it appears to the authorised officer that any food fails to comply with food safety requirements. (3) An authorised officer may (a) examine any article to which this Act or any regulations made thereunder apply and take, on payment of the current market value, if so required, samples for analysis or for bacteriological or other examination; and (b) seize and remove any such article in relation to which reasonable ground for suspicion exists that any provisions of this Act or of any regulations made thereunder are being or have been contravened. (4) In subarticle (3), the expression "any article" includes (a) any food, or any substance capable of being used in the composition or preparation of any food; (b) any thing used or capable of being used for the manufacture, preparation, preservation, packing or storage thereof, including contact material; and (c) any labelling or advertising material: Provided that the taking of any article under subarticle (3)(a) shall, for the purpose of this Act or of any regulations made thereunder, be deemed to be a sale of that article. 29. (1) Any authorised officer shall, on producing, if so required, some duly authenticated document showing his authority, have a right at any reasonable time to (a) enter any food premises for the purpose of ascertaining whether there is or has been or there is likely to be any contravention against any of the provisions of this Act, or of regulations made thereunder; (b) enter any business premises for the purpose of ascertaining whether there is on the premises any evidence of any contravention against any of the provisions of this Act; (c) carry out any inspections under this Act; (d) inspect any records, in whatever form they are held, relating to a food business and, where any such records are kept by means of computer (i) may have access to, and inspect and check the operation of any computer, any associated apparatus or material which is or has been in use in connection with the records; and (ii) may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him Power of entry, search and seizure. 16 [ CAP. 449. FOOD SAFETY such assistance as he may reasonably require; (e) seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations made thereunder; and (f) where the records are kept by means of a computer, require the records to be produced in a form in which they may be taken away. (2) Any person who, having entered any premises by virtue of this article, discloses to any other person any information obtained by him in the premises with regard to any trade secret shall, unless the disclosure was made in the performance of his duty, be guilty of an offence. (3) Admission, for the purpose of subarticle (1), to any premises used only as a private dwelling house may only be had if authorised by a warrant signed by a magistrate or by the Attorney General. (4) Every warrant so granted shall continue in force for a period not exceeding one month. Inspection of vehicles, etc. 30. An authorised officer who has reason to believe that any vehicle or container contains any food which is intended for sale for human consumption, or which is in the course of delivery after sale for human consumption, may examine the contents of the vehicle or container, and, for that purpose, he may, if necessary, detain the vehicle or container. Duties of authorised officers. 31 . (1) If it appears to any authorised officer, upon an inspection or otherwise, that any food is unfit for human consumption, or is likely to cause injury, food poisoning or any disease communicable to human beings, the authorised officer may either (a) give notice to the licensee, manager or any other person in charge of the food premises at the time, that until the notice is withdrawn, the food or any specified portion of it (i) is not to be used for human consumption; and (ii) is not to be removed or is not to be removed except to some place specified in the notice; and, or (iii) is not to be sold or destroyed or otherwise dealt with, whether or not removed for those purposes; or (b) may seize the food, or any sample thereof to be produced as evidence before any court; or (c) where not required to be produced as evidence as aforesaid, with the consent and at the expense of the responsible person, may destroy the food. (2) Any person who knowingly contravenes the requirements of a notice given under subarticle (1) shall be guilty of an offence. FOOD SAFETY [ CAP. 449. 17 (3) Where the authorised officer exercises the powers granted under subarticle (1), he shall, within a reasonable time, determine whether or not such food satisfies food safety requirements, and (a) if such food is deemed to be fit for human consumption, he shall forthwith withdraw the notice, and allow the release of the food from the place where it is stored under the terms of the notice; or (b) if such food is deemed to be unfit for human consumption, he shall seize the food, or a sample thereof, in order to produce the same as evidence before any court. (4) Where an authorised officer exercises the powers conferred to him by subarticle (1) or (3), he shall inform the person in charge of the food of his intention to have it dealt with by the court, and he shall give the reasons therefor, and any person who, under subarticle (1) or (3), may be liable to be prosecuted in respect of the food shall be entitled to be heard and to call witnesses. (5) If it appears to the court, on the basis of such evidence as may be considered appropriate in the circumstances, that any food falling to be dealt with by it under this article, fails to comply with food safety requirements, it shall condemn the food and order the food to be destroyed or to be so disposed of so as to prevent it from being used for human consumption. (6) The court shall also, upon an application by the Food Safety and Security Authority, order the person found guilty of an offence to pay the Food Safety and Security Authority the costs incurred by it for the prosecution in connection with the offence, including any inspection which led to such prosecution and any examination pursuant to such inspection. 32. (1) A person who (a) intentionally obstructs or causes the obstruction of any person acting in the performance of his duties under this Act; or (b) without reasonable cause, fails to give any person acting in the performance of his duties under this Act, such assistance or information which he is required to give by or under this Act, shall be guilty of an offence against this article. (2) Any person who, in the purported compliance with any provision of this Act (a) furnishes information which he knows to be false or misleading in a material particular; or (b) recklessly furnishes information which is false or misleading in a material particular; shall be guilty of an offence against this article. (3) Nothing in subarticle (2) shall be construed as requiring any person to answer any question or give any information if, by so doing, he may incriminate himself. Hindrance or obstruction. 18 [ CAP. 449. FOOD SAFETY Notices and Orders Improvement notice. 33. (1) If an authorised officer has reasonable grounds to believe that the person responsible for a food business or food premises is failing to comply with any regulations to which this article applies, he may, by a written notice, hereinafter in this Act referred to as an ''improvement notice'', served on that person (a) state the officer’s grounds for believing that the person is failing to comply with the regulations; (b) specify the matters which constitute the person’s failure to comply; (c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and (d) require the person to take those measures, or measures which are at least similar to them, within such period as may be specified in the improvement notice. (2) Any person who fails to comply with an improvement notice shall be guilty of an offence against this article. (3) The provisions of this article shall apply to any regulations which may be made under this Act for the purpose of (a) requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or (b) securing the observance of hygiene conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources; or (c) providing for the protection of the consumer, the quality of food or the provision of public information about food, food products or the use to which such food or food products may be put. Court may impose appropriate prohibition. 34. (1) If the person responsible for a food business is convicted for an offence against any regulations to which this article applies, and if the court by which the person responsible is convicted, is satisfied that there exists a health risk condition with respect to that business, the court may by an order, impose the appropriate prohibition referred to in subarticle (3). (2) In assessing whether a health risk condition exists with respect to any food business, the court shall examine if any of the following involve risk of injury to health, namely (a) the use, for the purposes of the business, of any process or treatment; (b) the construction of any premises used for the purposes of the business, or the use, for those purposes, of any equipment; (c) the state or condition of any premises or equipment used for the purposes of the business; and (d) the conduct or practice of any persons engaged there. FOOD SAFETY (3) [ CAP. 449. The appropriate prohibitions which may be imposed are: (a) in a case falling within subarticle (2)(a), a prohibition on the use of the process or treatment for the purpose of the business; (b) in a case falling within subarticle (2)(b), a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description; (c) in a case falling within subarticle (2)(c), a prohibition on the use of the premises or equipment for the purposes of any food business; (d) in a case falling within subarticle (2)(d), a prohibition on the conduct or practice in question. (4) If the person responsible for a food business is convicted of an offence against any regulations as is referred to in article 33 (3 )( b ), and t he cou rt by wh ic h th e resp onsi bl e person i s convicted deems it proper so to do in the circumstances of the case, the court may, by an order, impose a prohibition on the responsible person from participating in the management of any food business, or any food business of a class, type or description, as may be stated in the order, for whatever period as may be specified in the order, such period not being less than six months. (5) Upon the making an order under subarticle (1) or (4), hereinafter in this Act referred to as a "prohibition order", the Food Safety and Security Authority shall, as soon as is practicable, (a) serve a copy of the prohibition order on the responsible person of the business; and (b) in the case of an order under subarticle (1), affix a copy of the prohibition order in a conspicuous place on such premises used for the purposes of the business, as it may consider appropriate, and any person who knowingly contravenes any such order shall be guilty of an offence against this article. (6) A prohibition order shall cease to have effect (a) in the case of an order given under subarticle (1), on the issue, by the Food Safety and Security Authority, of a certificate to the effect that it is satisfied that the responsible person has taken sufficient measures to secure that the health risk condition no longer exists with respect to the business; and (b) in the case of an order given under subarticle (4), on the giving by the court of a direction to that effect. (7) The Food Safety and Security Authority shall issue a certificate under subarticle (6)(a) within three working days of its being satisfied that the measures therein mentioned have been taken; and on an application by the responsible person for such a certificate, the Food Safety and Security Authority shall (a) determine, as soon as is reasonably practicable and in 19 20 [ CAP. 449. FOOD SAFETY any event not later than fourteen days after such application, whether or not it is so satisfied; and (b) if it determines that it is not so satisfied, give notice to the responsible person of the reasons for that determination. (8) The court shall give a direction under subarticle (6)(b) if, on an application by the responsible person, the court deems it proper so to do having regard to all the circumstances of the case, including in particular the conduct of the responsible person since t h e m a k i n g o f t h e o r d e r, b u t n o s u c h a p p l i c a t i o n s h a l l b e entertained if it is made (a) before the lapse of six months from the making of the prohibition order; or (b) within three months after the making by the responsible person of a previous application for such a direction. (9) Any person who fails to comply with a prohibition order shall be guilty of an offence against this article. (10) The provisions of subarticle (4) shall apply in relation to the manager of a food business as they apply in relation to the responsible person of such business; and any reference in subarticle (5) or (8) to the responsible person of the business, or to the responsible person, shall be construed accordingly; for the purposes of this subarticle, "manager", in relation to a food business, shall mean any person who is entrusted by the responsible person with the day-to-day running of the business, or any part thereof. Publication of a copy of a prohibition order. 35. (1) The Food Safety and Security Authority may publish or cause to be published a copy of the order given under article 34(4) in the local media in both the Maltese and English languages. (2) When making a decision under subarticle (1) the Food Safety and Security Authority shall adhere to the principles of fairness and objectivity. (3) The Government, the Food Safety and Security Authority and any public officer acting on the instructions or authority of the Food Safety and Security Authority shall not be or become liable for any acts done in good faith under subarticle (1); the exemption from liability shall extend to all persons publishing, printing, recording, broadcasting, communicating or reproducing such information in any form. Emergency prohibition orders. 36. (1) Where the Food Safety and Security Authority is satisfied that a health risk condition exists with respect to any food business, it may, by order served on the responsible person of the business, hereinafter in this Act referred to as an ''emergency prohibition order'', impose the appropriate prohibition in accordance with this article. (2) Any person who fails to comply with an emergency prohibition order shall be guilty of an offence against this article. (3) The provisions of article 34(2) and (3) shall, mutatis FOOD SAFETY [ CAP. 449. mutandis, apply with regard to emergency prohibition orders under this article as if reference to the court in such subarticles were a reference to the Food Safety and Security Authority, and as if the reference in article 34(2) to risk of injury were a reference to imminent risk of injury. (4) The provisions of article 34(10) shall, mutatis mutandis, apply with respect to an emergency prohibition order. (5) As soon as is practicable, after the making of an emergency prohibition order, the Food Safety and Security Authority shall (a) serve a copy of the order on the responsible person of the business; and (b) affix a copy of the order in a conspicuous place on the premises used for the purposes of that business as it may consider appropriate, and any person who knowingly contravenes such an order or in any way defaces, erases, obscures, damages or removes the said copy of the order, shall be guilty of an offence against this article. (6) An emergency prohibition order shall cease to have effect on the issue by the Food Safety and Security Authority of a certificate to the effect that it is satisfied that the responsible person has taken sufficient measures to secure that the health risk no longer exists with respect to the business. (7) The Food Safety and Security Authority shall issue a certificate under subarticle (6) within three days of its being satisfied that the measures therein mentioned have been taken; and on an application by the responsible person for such a certificate, the Food Safety and Security Authority shall (a) determine, as soon as is reasonably practicable and in any event not later than ten days after such application, whether or not it is so satisfied; and (b) if it determines that it is not so satisfied, give notice to the responsible person of the reasons for that determination. (8) (a) Any person who feels himself aggrieved by any emergency prohibition order made on him may, within f i f t e e n d a y s f r o m t h e m a k i n g o f t h e o r d e r, b y application served on the Food Safety and Security Authority, appeal against it to the First Hall of the Civil Court and, if the court, after appointing the application for hearing and after examining such evidence as may be produced by the parties, is (i) satisfied that the imminent risk to health exists in accordance with the provisions of article 34(2), the court shall dismiss the appeal and confirm the order, (ii) not satisfied that the imminent risk to health exists in accordance with the provisions of article 34(2), it may order the Food Safety and Security Authority to pay to the person making 21 22 [ CAP. 449. FOOD SAFETY the application a reasonable amount as compensation for any loss suffered by reason of his complying with the order. (b) The Food Safety and Security Authority shall file a reply to such application within such time, not being less than twenty-four hours, as the court may determine. Failure to abide by emergency prohibition order. Cap. 319. 37. (1) If any steps or other action in pursuance of article 34(2) as made applicable by article 36(3), to be taken as a result of an emergency prohibition order, have not been taken within the time specified therein, the Food Safety and Security Authority may enter the premises to which the emergency prohibition order relates and take such steps, including the closure of the premises or other action as may be required in the circumstances. (2) Saving the provisions of Chapter IV of the Constitution or of the European Convention Act, notwithstanding the provisions of any other law, no precautionary warrant or other order shall be issued or made by any court restraining the Food Safety and S e c u r it y A u th o r it y fr o m th e e xe rc i s e of an y of t he p o we r s conferred upon it by article 36 and by subarticle (1). (3) All expenses reasonably incurred by the Food Safety and Security Authority to carry out an emergency prohibition order under article 36 in pursuance of subarticle (1) shall be recoverable as a civil debt by the Food Safety and Security Authority from the responsible person of the business to which the emergency prohibition order relates. Emergency control order. 38. (1) If it appears to the Food Safety and Security Authority that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves, or may involve an imminent risk of injury to health, it may, by an order referred to as an ''emergency control order'', and subject to any condition it may deem fit to impose, prohibit the carrying out of such operations with respect to food, food sources or contact materials of that class or description. (2) Any person who knowingly contravenes an emergency control order shall be guilty of an offence against this article. (3) The Food Safety and Security Authority may in writing consent either unconditionally or subject to any condition or conditions that it may consider appropriate, to the doing, in such case as may be specified in the consent, of anything which has otherwise been prohibited by an emergency control order. (4) It shall be a defence for a person charged with an offence against subarticle (2) to show that consent had been given for the doing of the act charged under subarticle (3), and that any condition subject to which the consent was given was complied with. (5) The Food Safety and Security Authority may (a) give directions as appear to it necessary or expedient for the purpose of preventing the carrying out of commercial operations with respect to any food, food source or contact materials which it believes, on FOOD SAFETY [ CAP. 449. 23 reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and (b) do anything which appears to it to be necessary or expedient for that purpose. (6) Any person who knowingly fails to comply with a direction under this article shall be guilty of an offence. (7) The court shall also, upon an application by the Food Safety and Security Authority, order the person found guilty of an offence to pay the Food Safety and Security Authority the costs incurred by it for the prosecution in connection with the offence, including any inspection which led to such prosecution and any examination pursuant to such inspection. 39. (1) When it appears to the Food Safety and Security Authority that any person engaged in any food business has engaged in any conduct that constitutes an offence against articles 11 to 14 and articles 16 to 19, the Food Safety and Security Authority may, at its discretion, instead of causing proceedings to be instituted against that person, caution that person in writing, and seek an undertaking in writing from that person that he shall refrain from the conduct specified in the undertaking for such period as may be agreed to by the parties concerned, and, without prejudice to subarticle (3), upon the making of such undertaking no further proceedings may be instituted with respect to such offence. Undertakings. (2) The Food Safety and Security Authority shall maintain a register of undertakings made under subarticle (1), which register shall be kept at an office specified by the Food Safety and Security Authority, and shall be available for viewing by any person at such times as may be established by the Food Safety and Security Authority. (3) Any person who acts in contravention of an undertaking made in accordance with subarticle (1) shall be guilty of an offence against this article. Defences 40. Where the facts which, subject to the provisions of article 41, would constitute the commission, by any person, of an offence against any of the preceding provisions of this Part or of any regulations issued in virtue of article 10, are due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this article whether or not proceedings are taken against the first mentioned person. Commission of an offence by default of another person. 41. (1) Subject to the provisions of subarticle (5), in any proceedings for an offence against any of the preceding provisions of this Part or of any regulations issued in virtue of article 10, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control. Due diligence. (2) Without prejudice to the generality of subarticle (1), a 24 [ CAP. 449. FOOD SAFETY person charged with an offence against article 14, or 17, or 18 who (a) has not prepared the food in respect of which the offence is alleged to have been committed; or (b) has not imported it into Malta, shall be taken to have established the defence provided by that subarticle if he satisfies the requirements of subarticle (3). (3) A person shall be deemed to satisfy the requirements of this subarticle if he proves (a) that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by another person; (b) that he carried out all necessary checks on the food in question as were reasonable, in all the circumstances, and that it was reasonable in the circumstances for him to rely on checks carried out by the person who supplied the food to him; (c) that the sale or intended sale of which the alleged offence consisted was not a sale or intended sale under his name or mark; and (d) that he did not know, and had no reason to suspect at the time of the …