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Supplies And Services Act (Cap. 117) Farmers' Markets Regulations, 2011 (L.N. 54 Of 2011 )

.SUPPLIES AND SERVICES ACT (CAP. 117)Farmers’ Markets Regulations, 2011

IN exercise of the powers conferred by article 3 of the Supplies and Services Act, the Minister of Finance, the Economy and Investment, in consultation with the Minister for Resources and Rural Affairs, has made the following regulations:-

Regulations, 2011.

“the Act” means the Supplies and Services Act; “agricultural marketing centre” means a marketing
centre established in terms of the Agricultural Marketing
Centres Regulations, 1975;
“applicant” means any person or entity applying for the allocation of a stall to participate in a Farmers Market;
“the Director” means the Director responsible for wholesale markets;
“farmer” means any person who cultivates, grows or lands local agricultural produce;
“the Farmers’ Market” means a market established in terms of regulation 3;
“imported agricultural produce” means any agricultural produce which has not been cultivated or grown in Malta, or fish not landed in Malta, or products not derived directly from such local agricultural, animal husbandry or fisheries primary produce;
“local agricultural produce” means any agricultural
produce which is cultivated or grown in Malta, or fish landed

Title.

Interpretation.

L.N. 24 of 1975

.

B 644

L.N. 1 of 2006

.

Cap. 447.

Establishment of

Farmers’ Markets.

Participation at a

Farmers’ Market.

in Malta, and shall include products derived directly from such local agricultural, animal husbandry or fisheries primary produce;
“street hawker” means a person licensed as a street hawker under the Trading Licensing Regulations, 2006;
“Market Administration Unit” means the Unit authorised by the Minister to organise and administer Farmers’ Markets;
“the Minister” means the Minister responsible for agriculture;
“permit holder” means a person or entity in possession of a permit to operate a stall within a Farmers’ Market;
“Producer Organisation” means an organisation set up and duly recognised in terms of the Producer Organisations Act;
“the Unit” means the Market Administration Unit.

( 2 ) F a r m e r s ’ M a r k e t s s h a l l b e e s t a b l i s h e d i n sites specifically identified for such purpose by the Unit after consultation with the entity or entities having jurisdiction over such site. The Director shall notify the establishment of new Farmers’ Markets with relevant site plans in the Gazette.
(3) Farmers’ Markets shall be kept open on such days and at such times stipulated in terms of the First Schedule to these regulations:
Provided that the Farmers’ Markets may open at any other time or day as the Director may fix from time to time and notify in the Gazette.

Farmers’ Market without a permit issued by the Unit.
(2) A permit issued in terms of these regulations shall be associated with one specific stall within a particular Farmers’ Market.

(3) A permit issued in terms of these regulations shall be valid until the 31st of December 2013. At the end of such period, the permit shall be automatically revoked and a new call for applications shall be issued by the Unit, with preference to be given to previous permit holders.
( 4 ) T h e a n n u a l f e e l e v i a b l e o n e v e r y p e r m i t t o participate in a Farmers Market shall be of seventy euro (€70.00).
(5) The permit fee shall become due on the first day of January of each year. The Director shall inform the permit holder in writing that he shall have 45 days from such date within which to pay the said fee.
(6) A permit issued by the Unit under this regulation shall not exempt the holder thereof from compliance with any requirement under any other law.
(7) The Director shall publish in the Gazette a list of permit holders in possession of permits to operate stalls at each Farmers’ Market once every six months. The Director shall keep an updated record of such list and may publish it as often as may be required.

(a) name of applicant; (b) date;
(c) address;
(d) photocopy of I.D. card;
(e) certificate of Police Conduct; (f) food handling certificate;
(g) VAT fiscal registration number;
B 645

Application for permit to operate stall at a Farmers’ Market.

B 646
(h) vehicle registration number;
(i) Producer Organisation registration number where applicable;
(j) nomination of substitute and assistants where applicable; and
(k) description of the agricultural produce intended to be offered for sale by the applicant at the Farmers’ Market.

Eligibility.

( a ) a p e r s o n r e g i s t e r e d w i t h t h e D e p a r t m e n t o f
Agriculture as a full-time or a part-time farmer;
(b) a producer organisation registered in terms of the Producer Organisations Act which sells agricultural produce cultivated or grown locally by its members;
(c) a registered cooperative constituted within the
agriculture or fisheries sector;
(d) a person who produces products being direct derivatives of local agricultural, animal husbandry or fisheries primary produce:
Provided that a farmer eligible under paragraph (a) shall be allowed to offer for sale local agricultural produce cultivated, grown or landed in Malta by any other person registered with the Department of Agriculture as a full-time or part-time farmer:
Provided further that no person in possession of a licence of street hawker, market hawker, peddler or busker in terms of the Trading Licences Regulations, 2006, or in possession of a permit or licence to purchase agricultural produce from an agricultural marketing centre, shall be eligible to obtain a permit to operate a stall and participate in a Farmers’ Market, or to act as a substitute or as an assistant to a permit holder.

(2) The documentation or information requested in terms of subregulation (1) shall be submitted within one month from the date of such request.
(3) If the documentation or information requested in terms of subregulation (1) is not provided by the applicant within the period stipulated in terms of subregulation (2), the relevant application shall be deemed as withdrawn.

(2) If the number of valid applications received by the Unit exceeds the number of stalls available at a Farmers’ Market, preference shall be given to producer organisations, full-time farmers and farmers not in possession of a permit to operate a stall at another Farmers’ Market. Applications having the same level of preference shall be drawn by lot.
( 3 ) T h e U n i t s h a l l i s s u e a n o t i c e i n f o r m i n g t h e applicant of its decision in respect of such application within one month from the date when all necessary documentation and information is provided.

8, of such acceptance, as well as any further conditions it may
deem fit to apply in respect of such permit.
(2) An applicant who has received a notice in terms of subregulation (1) shall be given two weeks within which to pay the permit fee due in terms of regulation 4(4), failing which his application shall be considered to have been withdrawn.
(3) The Unit shall issue a permit immediately upon
B 647

Request for further information.

Notice of decision.

Acceptance of application.

B 648

Waiting list.

Conditions for permit.

receipt of the permit fee. The permit shall contain all the conditions and rules relating to the granting of such permit and to the operation of the stall at the Farmers’ Market.
(4) T h e a p p l i c a n t s h a l l b e a l l o w e d t o o c c u p y t h e allocated stall within the designated Farmers’ Market in terms of the permit:
(a) within two weeks from the granting of the permit issued by the Unit; or
(b) in the case of a newly established Farmers’ Market, immediately upon the permit being issued.

(2) The Unit shall also inform an applicant who was not issued a permit due to the reasons in regulation (1), that he shall be placed on a Farmers’ Market applicants waiting list until such time as further Farmers’ Markets are established, or when a stall within an existing Farmers’ Market becomes vacant.
(3) When a stall within a Farmers’ Market becomes vacant, the Unit shall inform the first applicant on the waiting list in writing and the provisions of regulation 9 relating to the acceptance of an application shall apply:
Provided that a person may not be allocated a permit to operate more than one stall at the same Farmers’ Market.
(4) When a new Farmers’ Market is established, the Unit shall issue a new call for applications for participation in such Farmers’ Market. Such new call for applications shall be kept open for a period of at least one month, which may extended by the Director.

(2) The Unit may, in issuing a permit for the operation of a stall and participation in a Farmers Market, attach thereto any conditions as it may deem fit.
(3) Without prejudice to regulation 12, any decision of the Unit shall be subject to review by the Administrative Review Tribunal established by article 5(1) of the Administrative Justice Act.

Cap. 490.

B 649

(2) The substitute shall be the person responsible for the stall in the absence of the permit holder:
Provided that the substitute may in no way attain the status of permit holder by virtue of his function as a substitute.
(3) The permit holder shall supply the Unit with the name of the substitute authorised by him.

(2) The permit holder shall supply the Unit with the names of all assistants authorised by him.

Exchange of stalls.

Substitutes.

Assistants.

Identification badges.

Amendments to information supplied to the Unit.

B 650

Rules for stall operation.

number or the types of local agricultural produce to be offered for sale at the stall, by submitting to the Unit a signed copy of the form contained in the Third Schedule.

(2) Either one of the permit holders or substitute shall be present at the stall at all times.
(3) The size of a stall within a Farmers’ Market shall be of 3 metres by 3 metres, and the space allocated for a vehicle shall be of 3 metres by 7 metres.
(4) A permit holder or his substitute shall at no
time offer for sale from the stall allocated to him at a Farmers’ Market imported agricultural produce or any agricultural produce purchased or otherwise obtained from an agricultural marketing centre.
(5) A permit holder or his substitute may only offer for sale from the stall allocated to him at a Farmers’ Market types of local agricultural produce as specified in the permit application.
(6) A permit holder or his substitute shall only be allowed to utilise such vehicle having such vehicle registration as specified in the permit application, and shall park such vehicle in the stall space allocated.
(7) A permit holder or his substitute shall provide litter bins on the stall allocated to him during opening hours.
(8) A permit holder or his substitute shall ensure that no damage is caused by means of the stall allocated to him, their vehicles or accessories, to any street, pavement or other public property.
(9) A permit holder or his substitute shall ensure that the allocated stall is kept clean and shall be responsible that no refuse or other material is left at the place allocated to them at the end of the activity.
(10) A permit holder or his substitute shall ensure that
the allocated stall has suitable fire extinguishers.

(2) Sites in which a Farmer ’s Market is being held
shall be closed to traffic during opening hours.

(a) the permit holder fails to reach an acceptable level of display of the produce for sale;
(b) the permit holder fails to display the prices of the agricultural produce offered for sale;
(c) the permit holder fails to adhere to all the public health or food hygiene requirements;
(d) the permit holder fails to operate the stall for three consecutive weeks, provided that this shall not apply if the permit holder informs the Unit within such period and provides a justified reason for such absence;
(e) the permit holder is deemed by the Unit to have breached any of the provisions of these regulations;
(f) the permit fee remains unpaid after 45 days from the date on which it became due; or
(g) for any other justifiable reason.

B 651

Traffic regulations.

Records to be kept by the permit holder.

Suspension or cancellation of permit.

Powers of administration.

B 652

Offences and penalties.

( 2 ) T h e U n i t s h a l l h a v e t h e r i g h t t o r e q u e s t t h e Commissioner of Police to assist it in the enforcement of these regulations.

(a) on a first conviction to a fine (multa) of not less than five hundred euro (500) euro but not exceeding one thousand five hundred euro (1,500);
(b) on a second conviction or subsequent conviction, to a fine (multa) of not less than one thousand five hundred euro (1,500) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or a fine calculated on the profit made by the offender in connection with the transaction in contravention to these regulations, whichever is the higher:
Provided that, when the fine is so calculated, it may not exceed five times the profit made by the offender:
Provided further that the court may, and if so requested by the prosecution shall, in addition to any other punishment, sentence the offender to imprisonment for a term of not less than thirty days and not exceeding two years.
(2) In addition to the punishments laid down in sub- regulation (1), the court shall. on demand of the prosecution, order the forfeiture of any good or things to which the offence relates.
(3) In addition to the punishments laid down in subregulations (1) and (2), the court shall on demand of the prosecution, in the case of a second or subsequent conviction, order the suspension of the offender’s permit for a period of not less than one week and not more than three months, or the cancellation of any licence or permit held by the offender and relating to any trade or business to which the offence relates, and shall order that any such cancelled licence or permit may not be re-issued in respect of the convicted offender.

First Schedule

Regulation 3

Opening Days and Hours of Farmers’ Markets

B 653

Locality Days Summer Hours Winter Hours

(1 May – 30 Sept) (1 Oct – 30 Apr.)

Ta’ Qali (Attard) Tuesday, Thursday 07:00 – 21:00 07:00 – 17:00 and Saturday

B 654

Second Schedule

Regulation 5

Farmers’ Market Permit Application Form

Please fill in where applicable

Name of Applicant

I.D.card

FRC

Address

Telephone

Mobile

Email

VAT Number

P.O. Registration Number

Full-time Farmer

Part-time Farmer

Area of fields (tumoli)

Copies of IACS plans

Vehicle registration number/s

Yes No

Do you need electricity?

Do you have food handling certificate? * Do you have organic produce?

Products to be offered for sale at Farmers Market

B 655

Details of derived products and value added products

Organic Products

Details of Substitute

Name and Surname

Details of Assistants

Name

Name

Surname

Surname

I.D.card

I.D.card

Address

Address

Name

Name

Surname

Surname

I.D.card

I.D.card

Address

Address

B 656

Kindly indicate during which months you intend selling from your stall

Jan Feb Mar Apr May Jun Jul Aug Sept

Oct Nov De"

Preferred Locality

I the undersigned confirm that the information given is correct and I have read all the conditions to participate in these Markets.

I am also providing copies of certificates and I understand that from time to time I might be asked to provide the original certificates.

Please keep the original certificates handy and on all the Market days. Please also keep food handling certificates, Organic certificates and other certificates.

A copy of the I.D. must be supplied with the application

* Where an application is being submitted by a co-operative or Private entity or company, the certificates of every person authorised to work at the stall should also be provided.

B 657

Third Schedule

Regulation 16

Form to amend details submitted in Application Form

Permit Holder

Name of Permit Holder

Permit

Farmers Market

A. Amendments to details of Permit Holder

I.D.card

FRC

Address

Telephone

Mobile

Email

VAT Number

P.O. Registration Number

Full-time Farmer

Part-time Farmer

B. Substitutes

Amendments to details of existing Substitutes

Name and Surname

Details of New Substitutes

Name and Surname

B 658

Mobile

C. Assistants

Amendments to details of existing Assistants

Name

Name

Surname

Surname

I.D.card

I.D.card

Address

Address

Nomination of Assistants

Name

Name

Surname

Surname

I.D.card

I.D.card

Address

Address

D. Product

E. Vehicle Registration Number

Permit Holder’s Signature Date

I.D.card

Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper <.. image removed ..>

Prezz/Price

€1.49