📄 Legal text
[ CAP. 649.
FOOD SAFETY AND SECURITY AUTHORITY
CHAPTER 649
FOOD SAFETY AND SECURITY AUTHORITY ACT
AN ACT to provide for the establishment of an Authority to ensure
and promote food safety, sustainability and security in Malta and for matters
related therewith or ancillary thereto.
9th July, 2025*
ACT XV of 2025.
PART I
Preliminary
1.
The short title of this Act is the Food Safety and Security
Authority Act.
2.
In this Act, unless the context otherwise requires:
Short title.
Interpretation.
"Authority" means the Food Safety and Security
Authority established in article 4;
"Board" means the Board of Governors of the Authority
composed of the Chairperson and members appointed in
accordance with article 5;
"Chief Executive Officer" means the officer appointed
with the responsibility for the executive management of the
Authority in accordance with article 7;
"Chairperson" means the Chairperson of the Authority
and includes, in the circumstances mentioned in article 5(4), the
Deputy Chairperson or any other person appointed to act as
Chairperson;
"entity of the public administration" includes any body
being a "government agency", "Department of Government" or
"government entity" and, or "public officer" as defined in the
Public Administration Act;
"food" means any substance or products, inclusive of
plants and animals, whether processed, partially processed or
unprocessed, intended to be, or reasonably expected to be,
ingested by humans, and includes and, or excludes any other
substance or product as the Minister may by regulations
prescribe;
"food business" includes any undertaking, whether for
*See article 1(2) and (3) of the Act as originally promulgated, and Legal Notice 128 of
2025.
Cap. 595.
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FOOD SAFETY AND SECURITY AUTHORITY
profit or otherwise and whether public or private, carrying out
any of the activities related to any stage of production, inclusive
of primary production, the processing and distribution and the
importation and exportation of food;
"food control" includes the totality of all regulatory,
licensing, enforcement and preventive action and other
activities conducted for purposes of food security, food quality,
food safety and hygiene, compositional, nutritional or other
value, or otherwise, in relation to the primary production,
preparation, processing, sale and provision of food or food
sources in, or seeking admittance into Malta, including the
operation of all food businesses by whosoever managed;
"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 otherwise, and
sea-going vessels, including fishing vessels;
"Minister" means the Minister responsible for food;
"officer" includes any employee or member of staff of
the Authority;
"Permanent Secretary" means the Permanent Secretary
within the Ministry responsible for food;
Cap. 595.
"public employee" shall have the same meaning as
assigned to it in article 2 of the Public Administration Act;
Cap. 595.
"public officer" shall have the same meaning as assigned
to it in article 2 of the Public Administration Act;
"Regulation (EU) 2016/679" means Regulation (EU)
2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to
the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data
Protection Regulation).
Extension of
applicability to
exclusive
economic zone
area or
environment
protection area.
Cap. 362.
Cap. 652.
3.
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, and 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.
PART II
Food Safety and Security Authority
FOOD SAFETY AND SECURITY AUTHORITY
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4.
(1)
There shall be established an Authority, to be known
as the Food Safety and Security Authority which shall be responsible
to ensure the security of supply, food safety and sustainability of food
systems in Malta.
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Establishment of
the Authority.
(2)
The Authority shall be a body corporate having a distinct
legal personality and shall be capable, subject to the provisions of this
Act, of entering into contracts, of acquiring, holding and disposing by
whatever title of any type of property for the purposes of its functions,
of suing and being sued, and of doing all such things and entering into
all such transactions as are incidental or conducive to the exercise or
performance of its functions under this Act, including the lending or
borrowing of money.
(3)
The legal and judicial representation of the Authority shall
vest in the Board:
Provided that the Authority may appoint any one (1) or
more of its other members or any one (1) or more of its officers to
appear in the name and on behalf of the Authority in any proceedings
and in any act, contract, instrument or other document whatsoever.
5.
(1)
There shall be a Board of Governors consisting of not
less than nine (9) and not more than eleven (11) members, from
amongst which the Minister shall appoint the Chairperson of the
Authority.
(2)
The Board shall be appointed by the Minister and shall be
composed as follows:
(a)
three (3) public employees;
(b)
seven (7) members, hereinafter referred to as the
"independent members", shall be chosen from amongst persons
of known integrity and with knowledge of and experience in:
(i)
private business operations as nominated
by bodies representing small and medium enterprises
and, or commerce in general; and
(ii)
matters relating to the functions of the
authority, for the purposes of good governance; and
(c)
one (1) member nominated by the Minister
responsible for health:
Provided that, except for the member referred to in subarticle (2)(c), the Minister may revoke any appointment to the Board
on grounds of disability to perform their functions, bankruptcy or
disqualification due to reasons referred in sub-articles (5) and (7) or
due to neglect of duty, and in so doing he shall provide his reasons in
writing to the Board:
Composition of the
Authority.
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Provided further that three members of the Board shall have
the experience or qualifications in matters related to agriculture,
fisheries, veterinary services and environmental health.
(3)
The Chairperson and the other members of the Board shall
hold office for a period of three (3) years:
Provided that the members so appointed may be reappointed
upon the expiration of each term of office.
(4)
The Minister may designate one (1) of the members of the
Board, other than the Chairperson, as Deputy Chairperson and the
member so designated shall have all the powers and perform all the
functions of the Chairperson during the Chairperson’s absence or
inability to act as Chairperson or during any vacancy in the office of
the Chairperson.
(5)
A person shall not be qualified to hold office as a member of
the Board if he:
(a)
is a member of the House, the European
Parliament or of a Local Council, or a candidate for election to
the House, to the European Parliament or to a Local Council;
(b)
is a judge or magistrate;
(c)
has a financial or other interest in any enterprise
or activity which is likely to affect, in a general manner, the
discharge of his functions as a member of the Board;
(d)
is legally incapacitated or interdicted;
(e)
has been declared bankrupt or has made a
composition or arrangement with his creditors;
Cap. 386.
S.L. 601.03.
(f)
is subject to a disqualification order in accordance
with article 320 of the Companies Act or is subject to black
listing as provided in the Public Procurement Regulations; or
(g) has been convicted of a criminal offence affecting
public trust, of theft, fraud, of knowingly receiving property
obtained by theft or fraud, bribery, money laundering, of a
criminal offence under any law, or is being investigated for
such criminal offences.
(6)
Subject to the provisions of this article, the office of a
member of the Board shall become vacant:
(a)
at the expiration of his term of office;
(b)
if any circumstances arise that, if he were not a
member of the Board, would cause him to be disqualified for
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appointment as such; or
(c)
if the appointment is revoked by the Minister
according to sub-article (2).
(7)
A member of the Board may only be removed from office
by the Minister for any one (1) or more of the following reasons:
(a)
if the member, due to infirmity of mind or body or
for any other cause, is effectively unable to continue to
discharge his duties as a member;
(b)
if the behaviour or performance of the member
brings into question his suitability or ability to continue as a
member, in particular for behaviour that affects or may affect
his reputation, independence or autonomy, or the reputation,
independence or autonomy of the Authority;
(c)
one of the reasons for the revocation of the
appointment according to sub-article (2); or
(d)
if any member fails to perform his duties for a
continuous period exceeding six (6) months without any valid
justification.
(8)
If the Minister removes a member of the Board from office,
such removal shall be made public by not later than the effective date
of removal from office. At the same time, the Minister shall provide
the member concerned with the reasons for his removal, and the
member shall have the right to request that the reasons for his removal
be made public, in which case the Minister shall publish such reasons.
(9)
All members of the Board may resign by letter addressed to
the Minister. If a member resigns or if the office of a member of the
Board is otherwise vacant or if a member is for any reason unable to
perform the functions of his office, the Minister may appoint a person
who is qualified to be appointed to be a temporary member of the
Board, and any person so appointed shall cease to be such a member
when a person has been appointed to fill the vacancy or, as the case
may be, when the member who was unable to perform the functions of
his office resumes those functions.
6.
(1)
The Authority shall have the following functions:
(a)
to implement the European Union’s strategies or
policies as provided in the legislation of the European Union;
(b)
to perform and succeed in the functions, assets,
rights, liabilities and obligations of those entities of the public
administration which at the time of the coming into force of this
Act acted as competent authorities for their particular sectors or
parts thereof, as may be prescribed by the Minister by
Functions of the
Authority.
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Government notice in the Gazette;
(c)
to formulate, implement and enforce a national
policy on food, which in particular may include policies so as
to:
(i)
enhance food safety by centralising and
streamlining food safety controls so as to ensure that
food placed on the market is safe for human
consumption;
(ii)
ensure the security of food supply by
doing all that is necessary to enhance the resilience and
security of food systems in Malta, including the
diversification of food supply chains and the
strengthening of local food production and generally the
availability of food in Malta so as to be able to sustain
the population in times of crisis; and
(iii) foster food sustainability by promoting
sustainable food practices according to economic, social
and environmental indicators;
(d)
to prepare contingency plans against potential
hazards along the entire food chain by adopting a risk-based
approach in line with the policies in paragraph (c);
(e)
to issue licenses or other authorisations to
operators and establishments involved in the production,
processing and, or marketing or other offering of food for
human consumption;
(f)
to carry out and, or commission surveys, studies,
assessments, investigations, audits, monitoring on any matter
relating to food systems regulated by or under this Act;
(g)
to promote sustainable food systems regulated by
or under this Act;
(h)
to effectively apply the precautionary principle
when a significant risk to the public is identified or reasonably
suspected;
(i)
to administer an efficient and effective system for
administrative assistance, rapid alert, product recall and product
withdrawal in order to protect the public from any risk that may
have been identified or suspected with respect to products
already available to the public, as well as to effectively act
against any episode of food fraud or of any illicit act affecting
matters regulated by this Act, and in accordance with any
applicable obligation under national or EU law as in force from
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time to time;
(j)
to provide information and issue guidelines to the
public and to commercial and other entities on matters relating
to food;
(k)
to collaborate and engage with all interested
parties in relation to food and act as a catalyst to foster a unified
national approach with the aim of strengthening food security,
food safety and the sustainability and the quality of food
systems in Malta;
(l)
to ensure that national and international
obligations relative to the matters regulated by or under this Act
are entered into force and complied with;
(m) to ensure that proper records and registers are
kept to ensure that the persons responsible for any food item are
identified and regulated;
(n)
to assess, investigate, audit, monitor, and take
action on any food business, activity, intervention, project,
operation or land use that may have an effect on food;
(o)
to generally act to implement, coordinate and
supervise all food control actions as initiated by itself or by any
other public body;
(p)
to monitor the enforcement of any relevant
legislation, standards and practices in relation to food
businesses, food premises, and persons operating in the food
business;
(q)
to advise the Minister on international legislation
and on the formulation of national policy in relation to matters
regulated by this Act and on matters having a bearing on this;
(r)
to advise the Minister on any matter connected
with its functions under this Act, on its own initiative or upon a
specific request by the Minister;
(s)
to perform such other functions as may from time
to time be assigned to it by the Minister by regulations
according to article 32; and
(t)
to carry out such other functions as may be
conducive to the better performance of its functions under this
Act.
(2)
In carrying out its functions under sub-article (1) the
Authority shall:
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FOOD SAFETY AND SECURITY AUTHORITY
(a)
seek to co-operate or to make arrangements with
other entities or persons to enable it to better implement or
monitor the implementation of and compliance with the
provisions of this Act;
(b)
strategies;
establish long and short-term objectives and
(c)
draft or advise the Minister on the drafting of
standards, guidelines and the making of regulations, plans and
policies under this Act as well as advise on the formulation and
implementation of contingency and emergency plans to ensure
food security, safety and, or quality and including the
implementation of all applicable European Union and, or
international obligations in Malta;
(d)
issue or withhold any authorisation or oversee
any assessment, monitoring or other action that may be required
by or under this Act and under such conditions as it may,
subject to any other provision of this or any other law, deem
necessary to control and manage activities having an impact on
food or which may potentially impact food security, safety and
quality;
(e)
monitor the quality and safety of food and for
such purpose establish indicators and methodologies, and
maintain and disseminate information related to food;
(f)
prepare and publish an annual report on the state
of food in Malta, inclusive of all that is required for Malta to
comply with reporting obligations under European Union and
international law;
(g)
for the purposes of this Act and for fulfilling its
functions, it may require, gather and process data, inclusive of
personal data, from any person and, or body;
(h)
perform such other functions as may from time to
time be assigned to it by the Minister, including the functions
required to give effect to any international obligation, including
European Union obligations and bilateral agreements entered
into by Malta on matters regulated by this Act.
(3)
The Authority may also exercise all powers of supervision,
assessment, monitoring and control of any object that may become or
be used in food or for the production, preparation, processing,
transportation or marketing of food or any object as referred:
Provided that such powers may be applied at any stage of
the production, transportation and, or marketing of food and, or of any
object as referred in this sub-article.
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(4)
The remit of the Authority shall be deemed to include all
functions and responsibilities of any relevant authority under whose
remit the Acts and, or subsidiary legislation listed in the Schedule fall,
limitedly for food control purposes.
(5)
The Authority shall also ensure that it records an audit trail
of all its processes, including all documentation and reports.
7.
(1)
The Authority shall appoint a Chief Executive
Officer after a public call. Such appointment shall be for a period of
three (3) years which may be extended for further periods of three (3)
years each.
Chief Executive
Officer.
(2)
The Chief Executive Officer shall be responsible for the
implementation of the objectives of the Authority in the exercise of its
functions, and without prejudice to the generality of the foregoing, he
shall:
(a)
develop the necessary strategies for the
implementation of the objectives of the Authority as provided
under this Act or as indicated by the Board;
(b)
advise the Authority on any matter it may refer to
him or on any matter on which he considers his advice
necessary or expedient; and
(c)
carry out such other functions and duties as the
Board may assign to him from time to time.
(3)
The Chief Executive Officer shall, at the request of the
Board, attend the meetings of the Board but shall not vote at such
meetings.
(4)
The Chief Executive Officer may be dismissed by the Board
at any time for a just cause, and it shall be deemed to be a just cause if
the Board determines that he has not achieved the targets and
objectives set for him by the Board.
8.
(1)
The meetings of the Board shall be called by the
Chairperson as often as may be necessary and at least once a month,
either on his own initiative or at the request of any two (2) of the other
members of the Board.
(2)
The Board may act notwithstanding any vacancy among its
members.
(3)
Half the number of members constituting the Board shall
form a quorum. The decisions of the Board shall be adopted by a
majority of votes of members present and voting.
(4)
The Chairperson shall have an original vote and, in the
event of an equality of votes he shall also exercise a casting vote.
Meetings of the
Board.
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(5)
The Board shall appoint an officer to act as a secretary to the
Board for such period and as the Board may deem appropriate:
Provided that the secretary shall not be a member of the
Board:
Provided further that the secretary shall have the duty of
calling meetings of the Board and keep the respective minutes thereof
and assume such other duties as the Chairperson may assign to him.
(6)
Without prejudice to the provisions of this Act, the Board
may regulate its own procedure.
(7)
The Authority shall transmit a copy of the agenda, minutes
and relative annexes of its meetings to the Minister for his
information.
Officers of the
Authority.
9.
(1)
The Authority shall appoint and employ, at such
remuneration and upon such terms and conditions, such officers and
employees of the Authority as may from time to time be necessary for
the due and efficient discharge of the functions of the Authority.
(2)
The Authority may, with the approval of the Minister given
after consultation with the Minister responsible for finance, establish a
scheme, whether by contributory or non-contributory arrangements or
both, for the payment of pensions, gratuities and other like benefits to
its officers or their dependants on the retirement, death or injury of
said officers.
Cap. 449.
(3)
Officers of the Authority shall be considered to be
authorised officers according to the Food Safety Act and may exercise
mutatis mutandis any such powers that the said Act provides for
authorised officers, in addition to any power and responsibility
provided for by this Act:
Cap. 449.
Provided that, without prejudice to the generality of the
foregoing, the Board and the officers of the Authority may exercise
mutatis mutandis any of the powers provided according to articles 20,
21 and 24 to 33 of the Food Safety Act.
Cap. 595.
(4)
All officers of the Authority shall be bound by the code of
ethics applicable to public officers according to the Public
Administration Act.
(5)
The provisions of sub-articles (3) to (4) shall apply to all
officers of the Authority, inclusive of officers detailed or employed
according to articles 10 and 11:
Provided that this does not apply to persons engaged
according to article 13.
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10.
(1)
The Prime Minister may, from time to time, order
that any public officer or public employee shall be detailed for duty
with the Authority in such capacity and with effect from such date as
may be specified in the Prime Minister’s order.
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Detailing of public
officers and
employees.
(2)
The period during which an order as aforesaid shall apply to
any public officer or public employee specified therein shall, unless
the public officer or public employee retires from the public service, or
otherwise ceases to hold office or employment at an earlier date, or
unless a different period is specified in such order, end on the
occurrence of any of the following events:
(a)
the acceptance by such public officer or public
employee of an offer of transfer to the service of, and
permanent employment with, the Authority made in accordance
with the provisions of article 12; or
(b)
Minister.
the revocation of such order by the Prime
(3)
When an order as aforesaid is revoked by the Prime Minister
in relation to any public officer or public employee, the Prime Minister
may, by further order, detail such public officer or public employee for
duty with the Authority in such capacity and with effect from such
date as may be specified in the Prime Minister ’s order, and the
provisions of sub-article (2) shall thereupon apply to the period of
duration of such detailing as may be made by any such further order in
relation to such public officer or public employee.
11.
(1)
Where any public officer or public employee is
detailed for duty with the Authority, such public officer or public
employee shall, during the time in which such order has effect in
relation to him, be under the administrative authority and control of
the Board but he shall for all intents and purposes remain and be
considered and treated as a public officer.
(2)
Without prejudice to the generality of the foregoing, a
public officer or public employee detailed for duty as aforesaid:
(a)
shall not during the period in respect of which he
is so detailed:
(i)
be precluded from applying for a transfer
to any department of the Government in accordance with
the terms and conditions of service attached to the
appointment held by him under the Government on the
date on which he was so detailed for duty; or
(ii)
receive remuneration and be subject to
conditions of service which are less favourable than
those attached to the appointment under the Government
Status of public
officers and public
employees detailed
with the Authority.
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held by him on the date aforesaid or which would have
become attached to such appointment during the said
period, had such public officer not been detailed for duty
with the Authority; and
Cap. 93.
Cap. 58.
(b) shall have the right to have his service with the
Authority considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the Pensions
Ordinance and the Widows’ and Orphans’ Pensions Act and for
the purpose of any other right or privilege to which he would
have been entitled, and liable to any liability to which he would
have been liable, but for the fact of his being detailed for duty
with the Authority.
(3)
Where an application is made as provided in sub-article
(2)(a)(i) the same consideration shall be given thereto as if the
applicant had not been detailed for service with the Authority.
(4)
The Authority shall pay to the Government such
contributions as may from time to time be determined by the Minister
responsible for finance in respect of the cost of pensions and gratuities
earned by a public officer or public employee detailed for duty with
the Authority as aforesaid and for such period in which he is so
detailed.
Offer of permanent
employment with
the Authority to
public officers or
public employees
detailed for duty
with the Authority.
12.
(1)
The Board may, upon advice of the Chief Executive
Officer and with the approval of the Prime Minister, offer permanent
employment with the Authority to any public officer or public
employee detailed for duty with the Authority under any of the
provisions of article 10 at a remuneration and on such terms and
conditions as established by the Authority.
Cap. 93.
Cap. 58.
(2)
Every public officer or public employee who accepts
permanent employment with the Authority offered to him under the
provisions of sub-article (1) shall, for all purposes other than those of
the Pensions Ordinance and of the Widows’ and Orphans’ Pensions
Act, be deemed to have ceased to be in service with the Government
and to have entered into service with the Authority on the date of his
acceptance, and for the purposes of the said Ordinance and of the said
Act, so far as applicable to him, service with the Authority shall be
deemed to be service with the Government within the meanings
thereof respectively.
Cap. 58.
(3)
Every such public officer or public employee as aforesaid
who, immediately before accepting permanent employment with the
Authority, was entitled to benefit under the Widows and Orphans’
Pensions Act, shall continue to be so entitled to benefit thereunder as if
his service with the Authority were service with the Government.
(4)
The Authority shall pay to the Government such
contributions as may from time to time be determined by the Minister
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responsible for finance in respect of the cost of pensions and gratuities
earned by a public officer or public employee who has accepted
permanent employment with the Authority as aforesaid and for the
period commencing on the date of such public officer’s or public
employee’s acceptance.
(5)
In the case of a public officer or public employee detailed
for duty with the Authority and who subsequently accepts permanent
employment with the Authority the foregoing provisions shall apply
subject to the following provisions of this article.
(6)
For the purposes of the Pensions Ordinance the pensionable
emoluments on retirement of any public officer or public employee to
whom sub-article (5) applies shall be deemed to be the pensionable
emoluments payable to a public officer or public employee in
Government service classified in the closest corresponding grade and
at an incremental level corresponding to the post occupied and
incremental level on the date on which the public officer or public
employee retires from the Authority.
Cap. 93.
(7)(a) The classification referred to in sub-article (6) shall be
carried out by a board composed of a chairperson appointed by the
Minister responsible for finance and two (2) other members, one (1)
appointed by the Minister responsible for personnel policies in general
in the public service and one (1) appointed by the Minister responsible
for the Authority:
Provided that the classification shall be subject to the final
approval of the Minister responsible for finance.
(b)
Such classification shall take place within three (3) months
of any adjustment of salaries of employees in Government service and,
or of employees of the Authority.
(c)
Without prejudice to article 113 of the Constitution, no
person may following a classification as aforesaid, be entitled to
rights, under the said Pensions Ordinance, which are less favourable
than those to which he would have been entitled prior to such
classification.
Cap. 93.
13.
The Authority may engage such consultants or advisers, as
it may consider necessary to assist it in the exercise of its functions.
Engagement of
consultants and
advisers.
14.
(1)
The Authority may exercise any power or fulfil any
responsibility granted in the legislation listed in the Schedule, jointly
with the responsible entity according to the relevant legislation as
necessary and as the Authority may decide.
Exercise of powers
of relevant
authorities.
(2)
The Authority may also delegate any of its powers to any
relevant authority but it shall retain a supervising or coordinating role
over its delegate.
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(3)
The Minister may by regulations amend the list of
legislative Acts found in the Schedule.
(4)
Any personal data gathered according to this article shall be
processed according to article 18.
Cap. 568.
(5)
Without prejudice to any provision of this article, the
provisions of articles 5 to 7 of the Coordination of Government
Inspections Act shall apply mutatis mutandis to this Act in respect of
the authorities relevant to the legislation listed in the Schedule and any
powers therein provided shall be exercised by the Authority for the
purposes of this Act:
Cap. 568.
Provided that when the Authority exercises powers
according to this sub-article the provisions of article 8(2) of the
Coordination of Government Inspections Act shall apply mutatis
mutandis for the Authority in respect of any data held by the
authorities relevant to the legislation listed in the Schedule:
Cap. 568.
Provided further that this sub-article shall be without
prejudice to the powers of the Inspections Coordination Office under
the Coordination of Government Inspections Act.
Powers to issue
warnings and
information.
15.
(1)
The Authority may make and issue public statements
identifying and giving warnings or providing any information about
any of the following:
(a)
food or food sources that are harmful to health or
unfit for human consumption;
(b)
the supply of food or food sources, by whosoever
supplied, which are or which may potentially cause harm to
health or which are unfit for human consumption, and the
persons engaged in the supply of such food or food sources;
(c)
practices conducted in relation to any food
business, which are detrimental to the interests of the public
and, or the persons who engage in such practices; and
(d)
any other matter that adversely affects or may
adversely affect human health in connection with the
acquisition or use of food or food sources.
(2)
The Authority may require any holder of information
relative to food to provide it with any information, including financial
information that the Authority considers necessary for the purpose of
ensuring compliance with any of the provisions of this Act, regulations
prescribed thereunder and any decision, order, instruction or directive
given in accordance with this Act or according to regulations
prescribed thereunder or according to any other law which the
Authority is entitled to enforce.
FOOD SAFETY AND SECURITY AUTHORITY
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(3)
The Government, the Authority and any of its officers
acting on the instructions or authority of the Authority, shall not be or
become liable for any acts done in good faith according to this article:
Provided that such exemption from liability shall extend to
all persons publishing, printing, recording, broadcasting,
communicating or reproducing such information in any form
whatsoever.
16.
(1)
When the Superintendent of Public Health receives a
notification, or on becoming aware of a suspected or confirmed
foodborne illness, or when the said Superintendent has reasonable
grounds to suspect the existence of a foodborne illness, he shall, when
deemed appropriate, notify the Authority to carry out its investigation in
accordance with the powers conferred to it by this Act or any other law:
Foodborne
illnesses.
Provided that during all stages of the investigation, the
Authority shall keep the Superintendent of Public Health informed on all
developments, including the outcome of the investigation.
(2)
The Authority shall notify the Superintendent of Public
Health when it is informed or on becoming aware of facts which may
lead to, or constitute a foodborne illness, for the Superintendent to
carry out its own investigation.
(3)
The Authority and the Superintendent of Public Health shall
establish a cooperation policy to ensure protection against foodborne
illnesses and for safeguarding public health.
17.
The Authority may establish laboratories to assist it in its
functions and to fulfil any other purpose in accordance with this Act:
Laboratories.
Provided that for all intents and purposes at law, such
laboratories may also be used for other purposes for which they are
technically competent for:
Provided further that the Minister may by regulations
establish and, or indicate particular laboratories for specific purposes.
18.
(1)
The provisions of this Act or any regulations made
thereunder shall not prejudice the applicability of Regulation (EU)
2016/679 and of the Data Protection Act, including the regulations
made thereunder, and the fundamental rights and freedoms of the data
subjects.
(2)
The Authority when acting in its capacity of controller in
accordance with Article 4(7) of Regulation (EU) 2016/679 shall
perform the relevant data processing operations which are limited to
the extent necessary and proportionate to the objectives pursued by the
Authority.
(3)
For the purposes of this Act, the processing of personal data
Data protection.
Cap. 586.
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FOOD SAFETY AND SECURITY AUTHORITY
shall fully comply with all the principles relating to the processing of
personal data according to Article 5 of Regulation (EU) 2016/679.
(4)
The Authority, whilst taking into account the nature, scope,
context and purposes of processing, as well as the risks of varying
likelihood and severity for the rights and freedoms of the data subjects,
at the time of the determination of the means for processing as well as
at the time of processing itself, shall implement appropriate technical
and organisational measures in an effective manner and integrate the
necessary safeguards into the processing, in order to protect the rights
of the data subjects and to ensure a level of security appropriate to the
risk.
(5)
For the purposes of ensuring and to be able to demonstrate
compliance with the principles relating to the processing of personal
data, the Authority shall implement the appropriate data protection
policies, which policies shall be periodically reviewed and updated
where necessary.
(6)
The data protection officer designated by the controller in
accordance with Article 37(1)(a) of Regulation (EU) 2016/679 shall be
involved and consulted in a timely manner on all issues in relation to
the protection of personal data processed for the purposes of this Act.
Provisions of the
Public Finance
Management Act.
Cap. 601.
19.
The Authority shall be governed by the provisions of the
Public Finance Management Act.
Authority to satisfy
expenditure out of
revenue.
20.
(1)
Without prejudice to the following provisions of this
article, the Authority shall so conduct its affairs so that much of the
expenditure required for the proper performance of its functions shall,
as far as practicable, be dispensed out of its revenue.
(2)
For the purposes of sub-article (1), the Authority shall levy
all fees, charges and other payments prescribed or deemed to be
prescribed by, or under this Act, or any other law providing for matters
falling under the powers and functions of the Authority, in consultation
with the Minister responsible for finance.
(3)
The Authority shall also be paid by the Government out of
the Consolidated Fund such amounts as the House of Representatives,
hereinafter referred to as the "House", may from time to time authorise
to be appropriated to satisfy any of its expenditure that cannot be
satisfied of its revenue and the costs of specified works to be continued
or otherwise carried out by it, being works of infrastructure or of a
similar capital nature.
(4)
Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by the
Authority to the formation of reserve funds to be used for its purposes
FOOD SAFETY AND SECURITY AUTHORITY
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and without prejudice to the generality of the powers given to the
Minister by this sub-article, any directive given by the Minister as
aforesaid may order the transfer to the Government, or the application
in such manner as may be specified in the directive, of any part of the
fees, charges and other payments levied in accordance with sub-article
(2) or any such excess as aforesaid.
(5)
Any funds of the Authority not immediately required to
satisfy expenditure may be invested in such manner as may from time
to time be approved by the Minister.
21.
(1)
For the purpose of carrying out any of its functions
under this Act, the Authority may, with the approval in writing of the
Minister, given after consultation with the Minister responsible for
finance, borrow or raise money in such manner, from such person,
body or authority, and in accordance with such terms and conditions as
the Minister, after consultation as aforesaid, may in writing approve.
Power to borrow or
raise capital.
(2)
The Authority may also, from time to time, borrow, by way
of overdraft or otherwise, such amounts as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of one hundred and
twenty thousand euro (€120,000), the approval of the Minister shall be
required in writing.
22.
The Minister responsible for finance may, after consultation
with the Minister, make advances to the Authority of such amounts as
he may agree to be required by the Authority for carrying out any of its
functions under this Act, and may make such advances on such terms
and conditions as he may, after consultation as aforesaid, deem
appropriate:
Advances from
Government.
Provided that any such advance may be made by the
Minister responsible for finance out of the Consolidated Fund, and
without further appropriation other than under this Act, by warrant
under his hand authorising the Accountant General to make such
advance.
23.
(1)
The Minister responsible for finance may, for any
requirements of the Authority of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate and any amounts due in respect
of, or in connection with any such loan or liability shall be a charge on
the Consolidated Fund.
(2)
Notice in writing of any loans, liabilities or advances made
or incurred under the foregoing provisions of this article shall be laid
on the Table of the House as soon as practicable.
(3)
Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the Authority with working
Borrowing from
Government.
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FOOD SAFETY AND SECURITY AUTHORITY
capital, the Minister responsible for finance may, by warrant under his
hand, and without further appropriation other than under this Act,
authorise the Accountant General to make advances to the Authority
out of the Treasury Clearance Fund under such terms as may be
specified by the Minister upon the making thereof.
(4)
The proceeds of any loan raised for the purposes of making
advances to the Authority and any other monies to be advanced to the
Authority in accordance with this article, shall be paid into a fund
specially established for the purpose and which shall be known as the
"Food Safety and Security Loan Fund".
(5)
Amounts received by the Accountant General from the
Authority by way of repayment of advances made to the Authority
under sub-article (3) shall be paid into the Treasury Clearance Fund
and amounts received by the Accountant General by way of interest on
such advances shall be paid into the Consolidated Fund.
Estimates of the
Authority.
24.
(1)
The Authority shall cause to be prepared in every
financial year, and shall not later than four (4) weeks before the end of
such year adopt estimates of the income and expenditure of the
Authority for the following financial year distinguishing, in particular,
income and expenditure for each of its functions as may be
practicable:
Provided that the estimates for the first financial year of the
Authority shall be prepared and adopted within such time as the
Minister may by notice in writing to the Authority specify.
(2)
In the preparation of such estimates, the Authority shall take
account of any funds and other monies that may be due to be paid to it
out of the Consolidated Fund during the relevant financial year,
whether by virtue of this Act, or of an appropriation Act, or of any
other law and it shall so prepare the said estimates as to ensure that its
total revenues are at least sufficient to satisfy all amounts properly
chargeable to its revenue account including, but without prejudice to
the generality of that expression, depreciation.
(3)
The estimates shall be made out in such form and shall
contain such information and such comparison with previous estimates
as the Minister responsible for finance may direct.
(4)
A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to the
Minister responsible for finance.
(5)
The Minister shall, at the earliest opportunity and not later
than six (6) weeks after he has received a copy of the estimates from
the Authority, approve the same with or without amendment after
consultation with the Minister responsible for finance.
FOOD SAFETY AND SECURITY AUTHORITY
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25.
(1)
No expenditure shall be made or incurred by the
Authority unless provision therefor has been made in the estimates
approved as provided in article 24.
(2)
19
Expenditure shall
be in accordance
with approved
estimates.
Notwithstanding the provisions of sub-article (1):
(a)
until the expiration of six (6) months from the
beginning of a financial year, or until the approval of the
estimates for such year, whichever is the earlier date, the
Authority may make or incur expenditure for carrying on its
functions under this Act not exceeding in the aggregate one half
of the amount approved for the preceding financial year;
(b)
expenditure approved in respect of a head or subhead of the estimates may, with the approval of the Minister,
given after consultation with the Minister responsible for
finance, be made or incurred in respect of another head or subhead of the estimates;
(c)
in respect of the first financial year, the Authority
may make or incur expenditure until the approval of the
estimates for such year not exceeding in the aggregate such
amounts as the Minister responsible for finance may, after
consultation with the Minister, allow; and
(d)
if in respect of any financial year it is found that
the amount approved in the estimates is not sufficient or a need
has arisen for expenditure for a purpose not provided for in the
estimates, the Authority may adopt supplementary estimates for
approval by the Minister, and in any such case, the provisions
of this Act applicable to the estimates shall as much as such is
practicable apply mutatis mutandis to the supplementary
estimates.
26.
The Minister shall, at the earliest opportunity and not later
than eight (8) weeks after he has received a copy of the estimates and
supplementary estimates of the Authority, or if at any time during that
period the House is not in session, within eight (8) weeks from the
beginning of the next following session, cause such estimates to be
laid on the Table of the House.
Publication of
approved
estimates.
27.
(1)
The Authority shall ensure that proper accounts and
other records are kept in respect of its operations and shall cause a
statement of accounts to be prepared in respect of each financial year.
Accounts and
audits.
20
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Cap. 461.
Cap. 396.
FOOD SAFETY AND SECURITY AUTHORITY
(2)
The accounts of the Authority shall be audited by an auditor
to be appointed by the Authority with the concurrence of the Minister
responsible for finance and shall moreover be subject to scrutiny by the
Ministry responsible for finance, and audit by the Internal Audit and
Investigations Directorate established by the Internal Audit and
Financial Investigations Act and the Auditor General who shall, for this
purpose, have all the powers established in the Auditor General and
National Audit Office Act, as the case may be.
(3)
The Authority shall, by not later than six (6) weeks after the
end of each financial year present to the Minister, through the
Permanent Secretary, an audited statement of accounts together with a
copy of any report made by the auditors on such statement or on the
accounts of the Authority.
(4)
The Minister shall cause a copy of such statement and report
to be laid before the House by not later than six (6) weeks after their
receipt or, in cases where the House is not in session, by not later than
the second week after the House resumes its sessions.
Deposit of
revenues and
payments by the
Authority.
28.
(1) All monies accruing to the Authority shall be paid
into banks appointed as bankers of the Authority by resolution of the
Authority. Such monies shall, as far as practicable, be paid into any
such banks from day to day, except such amount as the Authority may
authorise to be retained to satisfy petty disbursements and immediate
cash payments.
(2)
All payments out of the funds of the Authority, other than
petty disbursements not exceeding an amount fixed by the Authority,
shall be made by such officer of the Authority as it shall appoint or
designate for such purpose.
(3)
Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as may
be appointed or designated by the Authority for such purpose and shall
be countersigned by the Chairperson or such other member or officer
as may be authorised by the Authority for such purpose.
(4)
The Authority shall also make provision with respect to:
(a)
the manner in which and the officer by whom
payments are to be authorised or approved;
(b)
the title of any account held with the banks into
which its monies are to be paid, and the transfer of funds from
one account to the other; and
(c)
the method that shall be adopted in making
payments out of its funds, and generally with respect to any
matter which is relevant to the proper keeping and control of
the accounts and books and the control of its finances.
FOOD SAFETY AND SECURITY AUTHORITY
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29.
The Authority shall not award or enter into any contract for
the supply of goods or materials or for the execution of works, or for
the rendering of services to, or for the benefit of the Authority, except
in accordance with the Public Finance Management Act and any
regulations made thereunder.
Contracts of supply
or works.
Cap. 601.
30.
(1)
The Authority shall, by not later than six (6) weeks
after the end of each financial year, present to the Minister, through the
Permanent Secretary, a report dealing generally with the activities of
the Authority during that financial year and containing such
information relating to the proceedings and policy of the Authority as
the Minister may from time to time require.
Annual report.
(2)
The annual report referred in sub-article (1) shall be made
available to the public.
31.
The Minister shall cause a copy of the report presented to
him in terms of article 30 to be laid on the Table of the House not later
than six (6) weeks after its receipt or, where the House is not in
session, not later than the second week after the House resumes its
sessions.
Laying of annual
report before the
House.
32.
(1)
The Minister may make regulations for the better
carrying into effect of the purposes of this Act.
Power to make
regulations.
(2)
In particular, and without prejudice to the generality of subarticle (1), such regulations may provide for:
(a)
anything which is to be or may be prescribed
under this Act;
(b)
without prejudice to sub-article (3), the transfer of
competences, responsibilities, powers, assets, liabilities and any
other right or obligation held by other entities of the public
administration in relation to food, and anything conducive or
related thereto with the aim of centralising under the
responsibility of the Authority any existing role and, or function
related to food safety, food security and, or food quality,
inclusive of licensing, certification and regulation;
(c)
the licensing or other authorisation of operators
and establishments involving food and its production,
processing and, or marketing or other offering for human
consumption;
(d)
anything relating to the supervision, control and
enforcement on food, food business and food premises;
(e)
anything relating to food control;
(f)
the levying of any fees, dues or other charges for
anything done according to this Act;
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FOOD SAFETY AND SECURITY AUTHORITY
(g)
the compensation due to any person for any
activity relating to food control, without prejudice to any right
of compensation according to any other law;
(h)
the regulation of pesticides related to food, when
not specifically provided for under the Pesticides Control Act;
Cap. 430.
(i)
the implementation and compliance with any
international and, or European Union obligation as applicable
to Malta in relation to food; and
(j)
the effective monitoring, regulation and
sanctioning against episodes involving deceptive practices in
relation to food and against food fraud.
(3)
Any regulations providing for any transfer to the Authority
of competences, responsibilities, powers, assets, liabilities and any
other right or obligation as referred in sub-article (2), from any other
entity of the public administration, shall be made with the concurrence
of the Prime Minister.
(4)
The Minister may by regulations establish the manner in
which the proceedings of the Authority shall be regulated.
(5)
Without prejudice to sub-article (1), the Minister may by
regulations prescribe offences, punishments, penalties, measures and,
or proceedings, for any provision of this Act and any subsidiary
legislation made thereunder.
SCHEDULE
(articles 6(7), 9(4), 14(1), 14(4), 14(6), 32(2)(c), 32(2)(f) and 32(5))
S.L. 36.30.
S.L. 117.13.
1.
Irrigation of Crops (Health Precautions) Regulations.
2.
Control of Tomato Paste and of Sale of Tomatoes for
Processing Purposes Regulations.
S.L. 117.36.
3.
Fruit and Vegetables Marketing Standards Regulations.
Cap. 430.
4.
Pesticides Control Act.
Cap. 433.
5.
Plant Quarantine Act.
Cap. 436.
6.
Wine Act.
Cap. 437.
7.
Veterinary Services Act.
Cap. 439.
8.
Animal Welfare Act.
S.L. 439.01.
9.
Calves (Protection) Regulations.
FOOD SAFETY AND SECURITY AUTHORITY
[ CAP. 649.
10.
Mininum Standards for the Protection of Pigs Regulations.
S.L. 439.02.
11.
Animal Slaughter or Killing (Protection) Regulations.
S.L. 439. 03.
12.
Staging Points Regulations.
S.L. 439.04.
13.
Laying Hens (Protection) Regulations.
S.L. 439.07.
14.
Farm Animals (Protection) and Inspection of Holdings
Regulations.
S.L. 439.09.
15.
Minimum Rules (Protection of Chickens kept for Meat
Production) Regulations.
S.L. 439.12.
16.
Administrative Penalties relating to Offences committed
against the Animal Welfare Act Regulations.
S.L. 439.23.
17.
Protection of Animals during Transport and related
Operations (Implementing) Regulations.
S.L. 439.24.
18.
Food Safety Act.
Cap. 449.
19.
Production of Olive Oil Regulations.
S.L. 639.01.
20.
Establishment of the National Register of Traditional AgroFood Products of Malta Regulations.
S.L. 639.03.
21.
Establishment of the ‘Product of Quality’ National Scheme
Regulations.
S.L. 639.04.
22.
Organic Production and Labelling of Organic Products
Regulations.
S.L. 639.05.
23.
Primary Production of Food of Non-Animal Origin
(Including Sprouts Production) Regulations.
S.L. 639.11.
23
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.