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Maltese Laws |
WINE ACT
To provide for the control of the production, importation, marketing and advertising of wine and wine related products.
21st June, 2002
ACT XXII of 2001, as amended by Legal Notice 426 of 2007; Act V of
2007; and Legal Notice 346 of 2008.
"analyst" means any duly qualified person or persons or any duly qualified institution on whom the Minister may, by regulation,
on the a d vice of the Boa r d, fro m t i m e to t ime, allo cate t h e r e sp on si bi lit ies o f an al yses or exami
n atio n of wi nes and wi ne related products and "analysis" shall be construed accordingly;
"artificial wine" means a beverage which fails to conform with the provisions of this Act and with any regulation or order
made thereunder in one or more aspects;
"Authority" means the Malta Standards Authority established by the Malta Standards Authority Act;
"Board" means the Wine Regulation Board established under article 16;
"Department" means the Department of Agriculture;
"Director" means the Director of Agriculture and includes, to the extent o f the authority gi ven, any officer authorised
by him , in writing, to act in that behalf for any of the purposes of this Act;
"Enforcement Authority" means the Board or the Department or any other Gov e rnment departm e nt as m a y be allocat
e d responsibility by regulations made under this Act, or is otherwise responsible, for the control of wine and wine related products;
"importation" includes withdrawal from bond and "imported" shall be construed accordingly;
"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta;
"Minister" means the Minister responsible for Agriculture and includes, to the extent of the authority given, any officer
authorised by him, in writing, to act in that behalf for any of the purposes of this Act;
"oenological practices and processes" means those practices and processes used in the production of wine and wine related
products specified under this Act;
"person" includes any p art nershi p, associat ion of persons, or legal entity;
Short title. Interpretation.
Cap. 419.
"planting rights" means the right given to a grower to plant vines for t h e purpose of est a blishin g new v i neyard s,
for v a rietal reconversion and for the renewal of vines, in specific areas over a determined period of time;
''producers’ or ganisation ' ' means an o r gani sati on w h ich i s recognised as such, being a voluntary legally
constituted body of producers of particular wine and wine products or persons engaged in the viticultural and, or in oenological
industries, acting together to pro duce, harvest, process, s t ore , pac k age a n d ma rket their products;
Cap. 454. "public weigher" means a person licensed under the Metrology
Act;
''quality wines'' includes wines produced in specified regions;
"registrat ion" i n cludes a t r adi ng li cence or any registrat i on required by the Board or by the Department and any
other licence as may be required by regulations made under this Act;
"sale" means the disposal of possessions or of ownership under any title whatsoever, and "to sell" shall be construed
accordingly;
''specified region'' means a vine-growing area or a combination of vine-growing areas which produces wine grapes with
particular quality characteristics and whose name is used to designate quality wine;
"vintner" means any person who produces wine and must to be sol d , and includes, where applic able, with reference to th
e marketing of wine and must, any merchant other than a retailer;
"wine" and "wine related products" are the products obtained exclusively from the total or partial alcoholic fermentation
of fresh grapes, w h ether or not cru s h e d, or o f grape must, o f ficial ly cert ified to be produced excl usively from
au thorised or recommended grape varieties;
"wi n ery" means any premises in which wine is prepared, processed and stored before it is sold or offered for sale.
Licensing of vintners.
(2) Any licence issued under subarticle (1) shall be valid up to the 31st December of the year of its issue and shall be renewed from year to year unless such licence is cancelled or revoked under
the provisions of this Act.
(3) Any application for the issue of a licence under subarticle (1) shall be made to the Director on the prescribed form obtainable
from the Department and shall contain all such information as the Director may require.
(4) The Director may, before granting or refusing any licence or any renewal thereof, consult the Board.
(5) Any licence issued under subarticle (1) shall refer to one
particular winery only.
(6) Any person who engages in the operation of an unlicensed winery shall be guilty of an offence.
(7) Any licensed person who fails to comply with the provisions of this Act shall be guilty of an offence.
4. Where the issue or renewal of a licence has been refused, the Director shall inform the applicant forthwith of such refusal and the
applicant may appeal therefrom to the Administrative Review Tribunal established in terms of article 5 of the Adminis trative Justice Act and the provision of this Act shall apply to such an appeal.
4A. The Appeals Board shall respect and apply the principles of good adm i nistrative behav i our laid dow n in article 3 of the Administrative
Justice Act.
(2) The Department shall establish a graphic reference base covering the entire area under vine production in the form of a map
indicating the exact location and area of vineyards, and this graphic base shall be kept regularly up-dated to show the trends in
areas under vine production.
(3) No person shall produce grapes for wine production or use any land for the growing of grapes for wine production unless the
p e rson i s registered as a grow er and the land u nder vine is registered with the Department.
(4) The Minister may, acting on the advice of the Board, make ru les for th e reg i strat i on of v i ne varieties prov idin g
for the classification of such vine varieties into recommended varieties, authorised varieties and temporarily authorised varieties.
(5) Only grapes belonging to varieties listed in the classificati on established in acco rdance wi th subarticl
e (4) as recom m ended or au thorised vari eties, o r p r odu ct ion deriv e d therefrom, may be used for the manufacture of -
(a) grape must with fermentation arrested by the addition of alcohol;
(b) concentrated grape must;
(c) rectified concentrated grape must; (d) tablewine;
(e) quality wine (produced in specified regions); (f) liqueur wine;
(g) sparkling wine:
Provided that the Director may, on the advice of the Board, authorise that grapes from varie tie s cla s si fied as t e mpo r aril
y aut horised shall also be regarded as suitable for yielding the
Appeal to Appeals
Board.
Substituted by:
V. 2007.25.
Cap. 490.
Observance of the principles of good administrative behaviour.
Added by:
L.N. 346 of 2008.
Cap. 490.
Registration of vineyards and growers.
products listed in this subarticle.
(6) Fresh grapes, grape must, grape must in fermentation, new w i nes sti ll i n ferm entat i on and wine from vin e varieties
n o t included in the classification may not be placed in circulation or used in the production of wine and wine-related products.
Types of wines. 6. The Minister may, by regulation and with the advice of the Board, determine the types of wines and wine related products that m a y be p r o duced , im po rted o r so ld as well as the constituents thereof and the minimum alcoholic strength of each type.
Beverages under the designation of wine.
Artificial wine. 8. No person may produce, import, sell or offer for sale as wine any artificial wine.
Rules governing oenological practices and other processes.
Weighing of grapes.
(a) governing oenological practices and processes that may be used for production and preservation of wines and wine related
products;
(b) governing the blending and mixing of musts and wines;
(c) establishing purity and identification specifications for substances to be used in oenological practices and processes;
(d) setting up the practices and processes which are to be carried out only under the responsibility of a person recognised by
the Department with sufficient oenological knowledge to ensure the quality and wholesomeness of the wine or
wine product;
(e) establishing the conditions under which unauthorised practices and processes may be applied for experimental
purposes;
(f) establishing practices and processes concerning the enrichment, acidification, deacidification and sweetening,
and concerning the sulphur dioxide content and the maximum volatile acid content in wines.
(2) Public weighers shall, immediately after having weighed any grapes in accordance with the provisions of subarticle (1), furnish
the party or p a rties concern e d w ith a note on th e appropriate prescribed form obtainable from the Department.
(3) A copy of every note of weight furnished as provided in subarticle (2) shall be forwarded by the public weigher concerned
to the Director within thirty days from the date of weighing.
(4) Records submitted by a public weigher must include information on variety and origin.
11. (1) Producers of grapes for wine-making registered with the Department shall, each year before the 31st October, on the appropriate prescribed fo rm ob ta in ab le fro m t h e D e pa rt m e nt ,
declare the quantities of the different varieties of grapes produced from the last harvest:
Provided that the Minister may, on the advice of the Board, fix a different date for harvest declaration provided it is not later
than the 31st December of the year in question.
(2) The Director may, at any time, require by notice any vintner to furnish him, within such time prescribed in the notice,
with a statement showing the number of hectolitres of wine and of muted grape must held by him on the particular day or on particular
days as may be specified in the notice.
(2) Each specified region shall be precisely demarcated, as far as possible, on the basis of the individual vineyard or vineyard
plot; such d e marcatio n shall t a ke in to accou nt t h e factors which contribute towards t h e quality of t h e win e s produced
in th ose regions, such as the nature of the soil and sub-soil, the climate and the situation of the individual vineyard or vineyard
plot.
(3) The Minister, acting on the advice of the Board, shall authorise the department to -
(a) draw up a list of authorised or recommended vine varieties of the species Vitis vinifera suitable for producing
each of the quality wines produced in specified regions; and
(b) lay down the provisions regarding local vine-growing methods which are required to ensure the best possible quality for local
quality wine.
(a) from grapes of vine varieties which appear on the approved or recommended lists and which are harvested within
the specified region; or
(b) by processing grapes referred to in paragraph (a) into grape must and processing the must thus obtained into wine, as well as by the production of such wine within the specified
region where the grapes used were harvested.
(2) Notwithstanding the provisions of subarticle (1)(b), a quality wine may be produced in an area in close proximity to the speci f ied reg i on concerned , where t h is has been expressl
y authorised by the Board, subject to conditions which the Board may deem fit to impose.
(3) The Board may authorise a vintner to produce quality wine by processing grapes into must and must into wine, as well as by
producing such wine, even outside an area in immediate proximity
Records, returns and statements by vintners and growers.
Quality wines produced in specified regions.
Production of quality wine.
Regulations regarding labelling, etc., of wine and wine related products.
to the specified region where grapes used were harvested.
(a) governing the labelling, marking, presenting and advertising of wine and wine related products and the descriptions
which may be applied to wine and wine related products produced locally or imported; and
(b) specifying the information required in documents accompanying the transport of wine and wine related products.
Imported wine. 15. (1) All wine imported in bulk shall be entered in a Customs or other bonded warehouse and shall, prior to its release, be bottled under Customs supervision and control.
(2) Every person who withdraws from Customs or other bonded warehouse any imported wine bottled in Malta, shall keep a
register showing -
(a) the number of bottles, with their capacity, withdrawn and the date of withdrawal;
(b) the type and the alcoholic strength of the wine withdrawn.
Wine Regulation
Board.
(a) the Director of the Department ex officio, as Chairman; (b) two senior technical or scientific officers of the
Department, one of whom shall be appointed Deputy
Chairman;
(c) four members from among commercial vintners and, or from producers organisations; and
(d) two members from among registered vine growers.
(2) The Minister shall designate an officer of the Department to act as Secretary to the Board.
(3) The Board shall have the power to -
(a) act notwithstanding any vacancy in its composition;
(b) set up specialised sub-committees for the purpose of dealing with matters requiring specialised knowledge or experience.
(4) A person shall not be eligible to be appointed a member of the Board, or to continue to be a member of the Board, if such
person -
(a) is a member of the House of Representatives; or
(b) is legally incapacitated; or
(c) has been declared bankrupt or has made a composition with his creditors; or
(d) has been convicted of -
(i) any crime affecting public trust; or
(ii) theft; or
(iii) fraud; or
(iv) knowingly receiving property obtained by theft or fraud; or
(v) any offence against this Act or any regulations made thereunder.
(5) Notwithstanding any of the provisions of subarticle (4), the Minister may terminate the appointment of an appointed member,
if in his opinion, such member is unfit to continue in office or is or has become incapable of properly performing his functions.
(a) to advise the Minister in the making of policies regulating the viticultural and oenological sector, and on any regulations
made under this Act;
(b) to initiate, develop and keep under review regulations made or to be made under this Act;
(c) to monitor and keep under review the proper implementation, functioning or attainment, to the highest standards
achievable, of the purposes of this Act and of Government policy for the wine sector;
(d) to participate in ensuring the highest standard possible for Malta in the wine sector and to co-operate and co- ordinate as
necessary with Government departments and other bodies in the achievement of these aims;
(e) to provide the Minister with technical, scientific, legal and other advice in the field of wine and wine related products, as
the Minister may from time to time request;
(f) to initiate and participate in research, surveys, programmes, and other activities as may be deemed necessary for
the attainment of the optimum level of wine and wine related products and control and to prepare and maintain the necessary
resources and data bases for carrying out this task; and
(g) to perform any other functions or duties and to exercise such further powers or responsibilities as are assigned to it
in this Act or any other law and as the Minister may from time to time determine.
(2) Without prejudice to any rules prescribed under subarticle
(1) the Board shall meet at least six times a year.
(3) The Board shall report to the Minister and shall prepare and present to the Minister an annual report.
(4) All expenses in respect of the Board shall be met by the
Department.
Functions of the
Board.
Procedure of the
Board.
Appointment of authorised officers.
(2) No person, who is engaged directly or indirectly in any business related to wine or wine related products, shall act as an
authorised officer; and no public officer shall be engaged directly or indirectly in any bu siness re lated to wine or wine relat
e d products.
(3) An authorised officer shall have the power, at any reasonable time, to enter and inspect any premises in or
at which he h as reason to bel ieve that any wi ne i s bei ng pro duced , bot tled , stored, sold or of fered for sale, t o examin
e an d search such premises, to inspect any such wine and to take samples thereof:
Provided that an authorised officer shall not enter into any dwelling unless authorised by a Magistrate.
(4) An authorised officer shall have the right of access to, and inspection of, any registers, records and notes kept in accordance
with the provisions of this Act or of regulations made thereunder.
(5) Any authorised officer exercising any power conferred by subarticle (3) may -
(a) seize and obtain 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
(b) in the case where the records are kept by means of a computer, require the records to be printed.
(6) Any authorised officer who discloses to any person any information obtained by him in the course of his duties with regards
to any trade secret, shall, without prejudice to any other liability under any other law, unless the disclosure is made necessarily
in the performance of his duty, be guilty of an offence.
(7) Any person who -
(a) intentionally obstructs or causes the obstruction of any person acting in the proper exercise of his functions under this Act;
or
(b) without reasonable cause, fails to give to any person acting in the exercise of his functions under this Act, any assistance
or information which he may be required to give under this or any other law, or gives false or misleading information,
shall be guilty of an offence.
Taking of samples. 20. (1) Whenever any sample of wine or of a wine related product is taken for analysis, such sample shall be taken free of charge, against the issue of an official receipt.
(2) From time to time, the Minister shall, should it be deemed necessary, determine the procedure to be followed for the taking
of samples.
(3) Samples taken in accordance with subarticle (2) shall be
subject to an alysis by one or more of the official met hods of analysis as established by the Minister for the purpose, on the advice
of the Board.
Provided that, in special cases, the Director may at his di scre ti on , au th orise in w r it in g any p a rti c ul ar g
r o w er to st art harvesting on a different date.
(2) The Director may take such steps as he may deem necessary for the supervision of the purchase of grapes by vintners
and or ensuring compliance with any order made by him.
(a) planting more market oriented vines to produce more marketable quality wine;
(b) relocation of vineyards;
(c) adopting new production and management techniques; (d) encouraging young entrants to the sector;
(e) promoting the role of producer organisations in the sector to target supply to demand, reduce production costs and promote
the use of environmentally sound practices; and
(f) introducing measures for land consolidation compatible with the protection and improvement of the environment,
the landscape and its features, natural resources and genetic diversity.
(a) areas under vines; (b) varieties planted; (c) planting rights;
(d) management techniques; and
(e) average yields.
(2) The sworn statement of any officer, lawyer or legal procurator to the effect that he has been deputed as provided in subarticle (1) shall be conclusive evidence of the fact, should proof
Harvesting dates and fixing of minimum prices for local harvests.
Planting rights and varietal reconversion.
National inventory of wine-growing potential.
Legal proceedings.
Prescription for offence under article 19(7).
Penalties.
Amended by:
L.N. 426 of 2007.
Cap. 12.
Power to make regulations.
thereof be required by the accused.
26. (1) A person found guilty of an offence under this Act shall be liable 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).
(2) A person found guilty of a subsequent offence under this Act, shall on conviction, be liable to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,1 64.69) an d not exceed i ng elev en
thou sand and six hundred and forty-six euro and eighty-seven cents (11,646.87).
(3) Upon conviction for any offence under this Act, other than a conviction for an offence under article 19(7), the court may
also, at the request of the prosecution, revoke or suspend any registration issued in respect of the per son so f ound guilty, or
the pr emises forming the subject of the proceedings.
(4) Where any person is found guilty of an offence under article 19(7), he shall, in addition to the punishment laid
down in subarticles (1) or (2), be liable to a penalty of not less than one hundred and sixteen euro and forty-seven cents (116.47)
per day from the date of the conviction to the date in which such person desists from obstructing or cau si ng ob str u ct io n or
g i v e s t h e assistance or information required, as the case may be.
(5) Any person found guilty of an offence under this Act shall, upo n an app licatio n by the enforcement authority after the
sentence, be ordered by the Court to pay the enforcement authority t h e costs incurred by i t fo r t h e pro secut i on an d provin
g of the offence, including any inspection which led to the prosecution.
(6) No appeal shall lie from a decision of the court under subarticle (5). Any sum awarded by way of costs by such a
decision shall be recoverable as a civil debt and that decision shall be an executive title in li ke mann er as if it were includ
ed amon g the executive titles cont ained in article 2 53 of the Code of Organization and Civil Procedure.
(a) prescribe the fees payable for registration under this
Act;
(b) prescribe the conditions under which registration may be granted or renewed;
(c) control the importation, production, bottling and sale of wines;
(d) lay down rules to prohibit the over-pressing of grapes and the pressing of wine lees and the refermentation of grape marc;
(e) lay down rules for the distillation of surplus unmarketable quantities of table wine;
(f) provide for the appointment and power of analysts and the procedure for taking samples and the methods of analysis;
(g) prescribe the requirements, in addition to those prescribed by or under the Food Safety Act, to which any premises used for the production of wine have to conform; and
(h) prescribe any other thing that may or is to be prescribed under this Act.
(2) Any document purporting to bear the signature of an officer, who is expressed to hold an office by virtue of which he is under this article empowered to sign such a document or to be duly authorised by the Enforcement Authority to sign such a document shall, for the purposes of this Act, and of any regulations or orders made th ereunder, be deemed to have been du ly given, made or issued by authority of the Enforcement Authority.
(2) The Minister shall, in the exercise of the powers conferred to him by this Act, ensure, with respect to the sector governed
by this Act, Malta’s compliance with the provisions of treaties or other international agr e ements enter e d i n to by Malta
and with the provisions of any laws, the binding force of which derives from any such treaty or agreement.
(3) The Minister may, in the observance of any requirements arising under subarticle (2), make regulations granting rights to,
and imposing obligations upon, any entity or body or association of persons whether it has a legal personality distinct from that
of its members or not.
Cap. 449.
Codes of Practice and guidelines.
Documentation.
Regulations authorising charges to be imposed.
Applicability of provisions of this Act.
Saving. Cap. 211.
effect as if made under this Act.
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URL: http://www.worldlii.org/mt/legis/laws/wa436c194