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Maltese Laws |
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 and VI of 2011.
PART I
Preliminary
"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 technolo g ical pu rpose in the
m a nufact u re, 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 health 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, an d, in relati on to fo od in a particu l ar consignment,
includes any plac e so authoris ed f o r the impo r tat i on o f th at consignment;
"co mmer c ial o p e r a ti o n " in r e lat i o n t o an y fo od o r co nt act 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;
Short title. Interpretation.
(d) storing or transporting for the purpose of sale; (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 cou r se of a b u s in ess, t r ad e o r pr ofessi o n , bu
ys o r ot herw i s e receives food or food sources within the meaning of the provisions of this Act;
"contact m a terial" means any ar ticle 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;
"foo d" m eans any sub stan ce o r prod uct s, wh eth er processed , partially processed or unprocessed, intended to be,
or reasonably expected to be ingested by humans;
"food" includes -
(i) drink, including potable water in liquid or solid state;
(ii) chewing gum and products of a similar composition and use;
(iii) any substance, intentionally incorporated into the food during its manufacture, preparation or treatment; and
(iv) any other substance as the Minister may by regulation prescribe.
Water used for human consumption must comply with any criteria which the Minister may by regulation prescribe;
"food" shall not include -
(i) live animals or birds, or live fish which are not used or intended for human consumption while alive;
(ii) fodder or feeding stuff for animals, birds or fish; (iii) cosmetics;
(iv) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic
Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;
(v) tobacco;
(vi) residues and contaminants; and
(vii) any other substance which 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 totalit y of all regulatory, licensing, enforcement a n d pr ev ent i on an d ot her a
c ti vi ti es co ndu ct ed f o r pur po ses o f h e al th , fo od saf e t y an d h y g i ene, 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 fo od busin ess, and i n clu d es sta lls, whet her i n open
or closed markets, vehicles, whether movable or not, and sea-going vessels, including fishing vessels;
"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;
"health authority" means the public officer responsible for public h e alth in terms of t h e Depar tmen t of Healt h (Consti
tuti on) Ordinance or any law substituting the same;
" i rradiated" means treated with io nised irradiati on 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 public health;
"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
Cap. 94.
Applicability of this Act.
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 b u siness, foo d premi s es o r f ood product and, i n
hi s absence, includes such employee or other person, being the senior employee or person present, engaged in operating the food
business or food premi s es at t h e ti me; su ch senior empl oyee o r p e rson shall b e 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 s a le 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 b e a sale of t h e food, and references to
''purchases'' and ''purchasing'' shall be construed accordingly.
(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.
(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 composition or preparation of any food commonly used for human
co nsumpt ion which i s foun d on prem ises on which that food is prepared sha ll, until the contrary is prov ed, be presumed to
be intended for such use.
PART II
Food Safety Commission
(a) a chairperson;
(b) the senior public officer operationally responsible for public health, designated by the Minister responsible for public health;
(c) the senior public officer operationally responsible for veterinary services, designated by the Minister responsible
for veterinary services;
(d) the senior officer operationally responsible for foodstuffs within the Malta Competition and Consumer
Affairs Authority, designated by the Director General (Technical Regulations);
(e) the senior officer operationally responsible for consumer affairs within the Malta Competition and Consumer
Affairs Authority, designated by the Director General (Consumer Affairs);
(f) the senior public officer operationally responsible for health promotion, designated by the Minister responsible
for health promotion;
(g) the senior public officer operationally responsible for environment protection, designated by the Minister responsible for
environment protection; and
(h) the senior public officer operationally responsible for plant health, designated by the Minister responsible for plant health.
Presumptions.
Food Safety Commission. Amended by: VI. 2011.174.
Judicial and legal representation.
Functions of the
Commission.
(2) In addition, the Minister may also appoint three other members from among persons not having any direct or indirect
interest in any food business.
(3) The Chairperson and the members of the Commission, app o inted by t h e Minister under subarti c le (2), sh al l be
so appointed for a term of three years.
(4) The Chairperson and the other members of the Commission referred to in subarticle (3) may resign their office at any time
by giving notice in writing to the Minister.
(5) The Minister may at any time remove the Chairperson and, or, any of the members appointed under subarticle (2) on grounds
of disability to perform their functions, bankruptcy or neglect of duty.
(6) The quorum necessary for meetings of the Commission shall be the Chairperson and not less than half the other members:
Provided that the Commission may act notwithstanding any vacancy among its members.
(7) The decisions of the Commission shall be taken by a major ity o f v o t e s of members present at t h e m e eti n
g . Th e Chairperson of the Commission shall have an original vote and, in the case of equality of votes, also a second or casting
vote.
(8) The Minister shall designate a public officer in a depart men t wi thin his Ministr y to act as th e secretary
t o th e Commission.
(9) Subject to the provisions of article 9, and to the other provisions of this Act , t h e Commission may regulate
its own procedures and meetings in such manner as it deems proper.
Provided that the Commission may appoint any one or more of the other members to appear in the name and on behalf of the Commission in any ju dicial proceed ings, and in any act, contract, instrument or other transaction whatsoever.
(a) effectively apply the precautionary principle when a significant risk to consumers is identified or reasonably
suspected;
(b) monitor the enforcement of any relevant legislation, standards and practices in relation to food business, food premises,
and persons operating in the food business;
(c) administer an efficient and effective system for rapid alert, product recall and product withdrawal in order to protect the consumer
from any risk that may have been identified or suspected for products already available to the consumer;
(d) do all such things as may be necessary to ensure that international obligations entered into by the Government
on all matters relating to food are complied with;
(e) formulate and implement policies and strategies with short-term and long-term objectives, in relation to all matters relating
to food, including the development of a national surveillance and enforcement plan for food safety and to ensure the effective,
transparent and comprehensive implementation of such plan;
(f) give advice to the Minister on any matter relating to food safety either at the request of the Minister or, when it deems
it appropriate, without such a request;
(g) carry out studies, research or investigations on any matter relating to food and for such purpose shall require
the submission of any information and shall analyse and interpret any data or information submitted to it;
(h) ensure that proper records and registers are kept to ensure that the persons responsible for any food product
may be identified;
(i) issue such guidelines as may be necessary in relation to food safety;
(j) consider and keep under review the efficacy of food safety practices being adopted from time to time and make a report thereon
at least annually to the Minister;
(k) carry out such other functions as the Minister may prescribe by regulations; and
(l) carry out such other duties as may be conducive to the better performance of its functions under this Act.
(2) The functions of the Commission shall be vested in:
(a) in relation to food hygiene and matters concerning public health, the public officer referred to in article
5(1)(b);
(b) in relation to veterinary matters and to food of animal origin, the public officer referred to in article 5(1)(c);
(c) in relation to risk assessment in food, the officer referred to in article 5(1)(d);
(d) in relation to matters concerning consumer protection, the public officer referred to in article 5(1)(e);
(e) in relation to nutrition and matters concerning health promotion, the public officer referred to in article
5(1)(f);
(f) in relation to genetically modified organisms, novel foods and to environmental matters, the public officer referred to in
article 5(1)(g); and
(g) in relation to phytosanitary measures and to matters relating to food of plant origin, the public officer
The Commission to exercise functions through the Director General (Technical Regulations). Added by:
XXIX. 2007.16. Amended by: VI. 2011.175. Cap. 419.
referred to in article 5(1)(h).
(3) For the purposes of this Part, ''food'' includes:
(a) any substance used, available to be used, or intended to be used for food or drink by humans;
(b) any substance used, available to be used, or intended to be used for food or drink by animals or for food or irrigation of
plants that are wholly or partially intended for human consumption; and
(c) any substance which enters into or is used in the production, composition or preparation of the substances
referred to in paragraphs (a) and (b).
7A. (1) The Commission shall exercise its functions under article 7(1)(b), (c), (d), (e), (g), (h), (j) and (l) through the Director General (Technical Regulations).
(2) The Director General (Technical Regulations) shall also issue such g u idelines as m a y be necessar y in relatio n to
the functions mentioned in subarticle (1).
(3) The Commission may demand from the Director General (Technical Regulations) any information obtained or report drawn up by
t h e A u th ori t y i n t h e exerci se of its fun c tio ns und er t h is article and the Authority shall comply with any such
demand.
(4) The functions of the Director General (Technical Regulations) under this article shall be without prejudice
to any other functions assigned to it by any other law.
Power to publish warnings and information.
(a) food or food sources that are injurious to health or unfit for human consumption;
(b) the supply of food or food sources, by whomsoever supplied, which are or which may potentially cause injury 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 consumers, and, or the persons
who engage in such practices;
(d) any other matter that adversely affects or may adversely affect the health of consumers in connection with the acquisition
or use of food or food sources.
(2) When making a statement as is referred to in subarticle (1), the Commission shall adhere to th e principles of consistency,
fairness and objectivity, and shall not make such a statement unless it is in the public interest to do so.
(3) The Government, the Commission and any public officer acting on the instructions or authority of the Commission, shall not
be or become liable for any acts done in good faith under subarticle
(1); such exemption fr om liability shall extend to all persons publishing, printing, recording, broadcasting, communicating or reproducing
such information in any form whatsoever.
9. (1) For the purposes of article 27(2)(d) of the Product Safety Act , the Director Ge ne ral (Technica l Regulations ) as appointed by article 19 of the Malta Competition and Consumer Affairs Authority Act shall periodically advise, supervise and audit the functions of the Commission.
(2) Where under any other law, a person or authority is empowered to take any measure or action which relates to food
safety, such person or authority shall, on taking such measure or action, immediately inform the Commission thereon.
(3) The Minister may make, amend or revoke regulations for the proper conduct of the business of the Commission.
PART III
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 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
Conduct of business of Commission. Amended by: XXIX. 2007.17; VI. 2011.176. Cap. 427.
Cap. 510.
Power of Minister to make regulations.
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 health 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 health 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 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 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; and
(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 health au tho r i t y pu rsuan t to any reg u l a tio ns m a de un der
sub a rt icle (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 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 -
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 Mi nist er to make regul ati ons i n relation to food, such
po wer is exercisable subject to consultation with the Minister.
PART IV
General Provisions
Registration of Food Premises, etc.
(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.
(3) Any person who acts in contravention of subarticles (1) or
(2) shall be guilty of an offence against this article.
Food Safety
(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 sam e com p o s i tio n on th e healt h of a p e rson consum in g it in ordinary quantities.
Registration of premises, etc.
Rendering food injurious to health.
Monitoring the safety of food.
Food which fails to comply with safety requirements.
and take any other action as the Min i st er m a y by regul at ion prescribe.
(2) Any person who fails to comply with the provisions of subarticle (1) shall be guilty of an offence against this article.
(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 -
Personal hygiene of food handlers.
(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 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 sam e class, type or descripti on, it shall be presum ed, until the contrary is proved, that all of th e fo od i n th at
bat c h , lo t 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).
(2) The inspection referred to in subarticle (1) shall be carried o u t for t h e purposes of ch eck i ng that t h e health standard
s
that may, from time to time, be required under this or any other law.
Consumer Protection
(2) Any person who acts in contravention of the provisions of subarticle (1) shall be guilty of an offence against this article.
(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.
(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 shall be a defence to prove that the accused acted with reasonable d ilig
en ce, and d i d not know or co uld not ascert ai n th at 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
sh al l not pr ecl ude t h e cou r t fro m fi nd ing th at t h e o ffence was committed.
(4) In this article the reference to ''sale'' shall be construed as a reference to sale for human consumption.
Prohibition of sale of similar products.
Selling food to the prejudice of the purchaser.
Labelling, etc. of food.
Packaged food to be labelled.
Supply of information.
Documents, etc., to be in writing.
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
Prohibition to employ persons with certain infections.
(a) by delivering it to that person; or
(b) in the case of an officer of the health 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 or t h e occup i er of any premi s es and i t is no t po ssib le,
aft e r 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
(2) An order made under subarticle (1) may be revoked, varied or substituted by a subsequent order and may apply to any food,
or
human consumption.
(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.
(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.
(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 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
(i) preserving methods; and
(j) such other matters as may be prescribed by regulations.
(a) regularly and, or, whenever there exists a suspicion of non-compliance with any of the provisions of this Act
Prohibition of the importation of certain foods.
Food control.
Subject of inspections.
Inspections.
Prohibition to publish official statements without written permission.
Authorised officers.
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, p ro cessi ng , st orag e, t r ansp ort , d ist ri bu ti o n,
t r ade , di sp osal a nd destruction of food.
(2) The authorised officer shall in each case, decide the stage or stages whic h 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.
(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
(c) is in the course of delivery before or after sale for human consumption, including where this is present in any vehicle,
an d th e pr ovi sio n s o f ar ticl e 31 shal l ap ply w h ere, 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.
(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 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
Power of entry, search and seizure.
Inspection of vehicles, etc.
Duties of
authorised officers.
period not exceeding one month.
(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.
(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 health authority, order the person found guilty of an offence to
pay the health authority the cost s 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.
(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.
Notices and Orders
(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
Hindrance or obstruction.
Improvement notice.
Court may impose appropriate prohibition.
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.
(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. (3) 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 offen c e against any regulat ions as is referred
to in arti cle
33(3)( b ), and t h e co ur t by w h i c h th e resp on sib l e perso n is
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 bu sine ss of a class, type or de scription, 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), he rein after in this Act referred to as a "prohibition
order", the health 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 health 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 health 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 health authority shall -
(a) determine, as soon as is reasonably practicable and in 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 t he respon sible person, the court d eem s 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 mak i n g of th e o r der , but no such application
sha l l be 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 th e manager of a fo od business as they apply in relati on to th
e
Publication of a copy of a prohibition order.
Emergency prohibition orders.
responsible person of such business; and any reference in subarticle (5) or (8) to the respo n sible perso n of t h e business, or to th e respo n sibl e p e rson , shal l b e con s t r ued accord ingl y; fo r th e p u rpo s es o f t h is sub a r ticl e , "m anager ", i n r e latio n to a f ood 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.
(2) When making a decision under subarticle (1) the health authority shall adhere to the principles of fairness and objectivity.
(3) The Government, the health authority and any public officer acting on the instructions or authority of the health authority
shall not be or become liable for any acts done in good faith under sub a rti c le (1) ; th e ex em pt io n fro m li ab il it y shal
l ext e nd t o al l perso n s p u b l i s hin g , pr int i n g , record in g, bro a dcastin g, communicating or reproducing such
information in any form.
(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 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 health 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 health 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 health authority of a certificate to the effect
that it is sat i sfi e d that th e respo n sib l e p e rson has t a ke n suff ic ien t measures to secure that the health risk no
longer exists with respect to the business.
(7) The health authority shall issue a certificate under
sub a rti c le (6) w i t h in t h ree day s o f i t s be in g sati sfied t h a t th e measures therein mentioned have been taken;
and on an application by the responsible person for such a certificate, the health 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 fteen day s from
the making of th e order , b y appli catio n serv ed on th e healt h au thorit y, 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 health authority to pay to the person making the application a reasonable amount as compensation for any loss
suffered by reason of his complying with the order.
(b) The health authority shall file a reply to such ap pl icat io n wi th in su ch ti me, n o t b e in g less th an
twenty-four hours, as the court may determine.
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 health 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 health authority from the exercise of any of the powers conferred upon it by article 36 and by subarticle (1).
(3) All expenses reasonably incurred by the health authority to carry ou t an em er gen c y p r o h i b it io n order un der arti
cle 36 in pursuance of subarticle (1) shall be recoverable as a civil debt by the health authority from the responsible person of
the business to which the emergency prohibition order relates.
Failure to abide by emergency prohibition order.
Cap. 319.
Emergency control order.
(2) Any person who knowingly contravenes an emergency control order shall be guilty of an offence against this article.
(3) The health authority may in writing consent either unconditionally or subject to any condition or conditions
that it m ay consider appropriate, to the doing, in such case as m ay be specified in the co nsent, of anyt hing whi ch has oth
erwise b een 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 health 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 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 health authority, order the person found guilty of an offence to
pay the healt h autho r ity the costs in cu rred by it for the p r osecution in connection with the offence, including any inspection
which led to such prosecution and any examination pursuant to such inspection.
Undertakings. 39. (1) When it appears to the health authority that any person engaged in any food business ha s engaged in any conduct that constitutes an offence against articles 11 to 14 and articles 16 to 19, the health aut hori t y may, at it s discreti on, i n stead of cau s i n g 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 m ay be agreed to by the parties concerned, and, w i t hou t preju d i ce t o su barti c le (3 ), up on th e m a ki ng o f such undertaking no further proceedings may be instituted with respect to such offence.
(2) The health authority shall maintain a register of undertakings made under subarticle (1), which register shall
be kept at an office speci fied by the health au thori ty, and shall be
availabl e fo r vi ewing by any p e rson at such t i m e s as m a y b e established by the health 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
41, would constitute the commission, by any person, of an offence agains t any of the preceding provis ions of this Part or
of any
regulations issued in virtue of article 10, are due to an act or default of so m e ot her perso n , th at o t h e r p e rson sh al
l be g u i l t y of th e 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.
(2) Without prejudice to the generality of subarticle (1), a perso n ch arge d wi t h an o ffe nce agains t article 14 , or 17, or 18 who -
Commission of an offence by default of another person.
Due diligence.
(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 b y 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 commission of the alleged offence that his act or omission
would amount to an offence against the relevant provision.
(4) The person charged shall not, without the leave of the
court, be entitled to rely on the defence referred to in subarticle (3) if the defence involves the allegation that the commission
of the o ffence was du e t o a n a c t o r defau lt of an ot her p e rso n , o r to reliance on information supplied by another person,
unless, after the reading of the charge in court and not later than twenty-four hours thereafter, he fil e s a notice i n co urt
to be served on th e prosecutor containing such information identifying or assisting in the identification of that other person as
was then in his possession.
(5) (a) In proceedings for an offence against any of the pr ecedin g prov isi ons of thi s Part, relating to the advertisement
for sale of any food, it shall be a defence for the person charged to prove -
(i) that he is a person whose business it is to publish or arrange for the publication of advertisements; and
(ii) that he received the advertisement in the ordinary course of business and that, notwithstanding
that he complied with any guidelines made under paragraph (b), he did not know and had no reason to suspect that its publication would amount to an offence against that provision.
(b) The Minister may by regulations make provision for the issue and supply of guidelines for persons engaged i n th e bu si ness
referred t o i n p a ragraph ( a ), and in particular for the avoidance of the p ublication of advertisements not in conformity with this Act.
PART V
Initiation of criminal proceedings.
Offences and penalties. Amended by:
L.N. 426 of 2007.
Legal proceedings
(2) In any criminal proceedings instituted by the Police for an offence under this Act, the health authority or any officer, lawyer
or l e gal p r o c urat or depu ted b y t h e h ealth auth ori t y may , notwithstanding any law to the contrary, lay the
charge before the Court of Magistrates, produ ce evidence, plead and o t herwise conduct the prosecution instead of the Police.
(3) The sworn statement of any officer, lawyer or legal procurator to the effect that he is deputed as provided in subarticle
(2) shall be conclusive evidence of the fact, should proof thereof be required by the accused.
43. (1) A person found guilty of an offence against article 31 shall be liable, on conviction, to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) and not exceeding two thousand and three hundred
and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment for a
term no t exceeding six m onths or to both such fi ne and imprisonment.
(2) A person found guilty of a second or subsequent conviction shall be liable, on conviction, to a fine (multa) of not less that one thousand liri and not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents
(2,329.37) and not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75) or to imprisonment
for a term of not less than one year and not exceeding two years or to both such fine and imprisonment.
(3) A person found guilty of any other offence against this Act shall be liable -
(a) on conviction for a first offence to a fine (multa) of not less than four hundred and sixty-five euro and eighty- seven cents (465.87) and not exceeding four thousand and six hundred
and fifty-eight euro and seventy-five cents (4,658.75) or to imprisonment for a term not exceeding two years or to
both such fine and imprisonment;
(b) on conviction for a subsequent offence, to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and not exceeding eleven
thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to imprisonment for a term not exceeding four
years or to both such fine and imprisonment.
45. Where a person is found guilty of an offence against this A c t, the court shall , where necessary, besides awardin g punishment, order the offender to abate any nuisance arising from the offence or, if the circumstances so require, to comply with the law, in either case within such time as shall be fixed by the court for the purpose and, in the case of non-compliance with any such order, the offender shall be liable to a further fine (multa ) not exceeding one hundred and sixteen euro and forty- seven cents (116.47) for every day of non-compliance after the expiration of the said time fixed as aforesaid.
Suspension or cancellation of licences.
Offender to conform with laws and regulations. Amended by:
L.N. 426 of 2007.
Seizure of food in relation to court cases.
Payment of compensation as ordered by the court.
Accused may plead warranty.
Misleading warranty.
Prosecution officers may be called as witnesses.
by the examination or analysis referred to in article 10(1)(k) to (p).
(a) he purchased it as being an article or substance which could lawfully be sold or otherwise dealt with as aforesaid,
or, as the case may be, could lawfully be so sold or dealt with under the name or description or for the purposes under or for which
he sold or dealt with it, and with a written warranty to that effect;
(b) that he had no reason to believe, at the time of the commission of the alleged offence, that it was otherwise; and
(c) it was, at the time of the commission of the alleged offence, in the same state as when he purchased it.
(2) Where the accused in any such proceedings is an employee or an agent of the person who purchased the article or substance
under a warranty, he shall be entitled to rely on the provisions of this article in the same way as his employer or principal would
have been entitled to do if he had been the accused.
(3) Where the accused in any such proceedings has been acq u i t t e d u n d e r th e fo rego in g pro v i s io ns of
th is arti cle, new proceedings may be taken against the person by whom the warranty relied on by the accused in the original proceedings
is alleged to have been given.
(4) For the purposes of this article and article 49, a name or description entered in an invoice shall be deemed to be a written
warranty that the article or substance to which the entry refers can be sold or otherwise dealt with under that name or description.
(2) A person who, in respect of any article or substance in respect of which a warranty might be pleaded under the provisions of article 48, gives to the purchaser a false warranty in writing, shall be guilty of an offence against this Act, unless he proves that he gave such warranty more than one year or such longer period in respect of which the warranty was given before the facts otherwise constituting the offence took place.
(2) Where, however, the evidence of such officer is required by the Police, the said officer shall be heard before he assumes
the duties of prosecuting officer, unless the necessity of his evidence arises at a later stage of the proceedings.
PART VI
Miscellaneous
(2) Any legal proceedings instituted under the Food, Drugs and Drinking Water Act prior to its repeal shall continue as if those proceedings had been commenced under this Act.
Voluntary surrender of food for destruction.
Savings. Cap. 231.
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