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Published by amitdhote

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Published by: amitdhote on Dec 14, 2009
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CAP. 183.
To make provision with respect to the manufacture and sale of animal feeding stuffs and other matters incidental thereto.
( )
 Enacted by ACT IV of 1965, as amended by Acts XIII of 1985 and VIII of 1990.
Short title andcommencement.
This Act may be cited as the Animal Food and FeedingStuffs Act, and shall come into force on such date as the Ministerresponsible for agriculture may appoint by notice in theGovernment Gazette.*
In this Act and in any regulations made thereunder, unlessthe context otherwise requires -"animal food", "animal foodstuffs" and "animal feeding stuff"includes any compound feeding stuff, any balanced compoundfeeding stuff and any articles intended for use as food for stock;"balanced compound feeding stuff" means a compound feedingstuff specified in the First Column of Part II of the First Scheduleto this Act;"cattle" means bulls, cows, oxen, heifers, calves, sheep, goatsand swine;"compound feeding stuff" means an animal feeding stuff consisting in a mixture of ground, pulverised or kibbled materials,other than a balanced compound feeding stuff;"Director of Agriculture" includes any officer of the Departmentof Agriculture to whom the Director of Agriculture may from timeto time assign in writing any powers or duties under this Act;"Director of Trade" includes any officer of the Department of Trade to whom the Director of Trade may from time to time assignin writing any powers or duties under this Act;"inspector" means a person appointed by the Prime Ministerunder section 10 of this Act;"Malta" has the same meaning as is assigned to it by section 124of the Constitution of Malta;"manufacture" includes mix or prepare;"official analyst" means any person designated by the PrimeMinister, by notice published in the Government Gazette, to act asanalyst for the purpose of this Act;"poultry" means fowls, turkeys, geese, ducks and guinea fowls;"prescribed" means prescribed by regulations made under this
*Not yet in force.
CAP. 183.
Act;"protein" means the amount of nitrogen excluding ammoniacalnitrogen or nitric nitrogen, if present, multiplied by 6.25;"sale" includes any disposal under whatever title, whetheronerous or gratuitous, any transfer of goods from one’s possessionand any offering or exposing for sale or having in possession forsale, and "sell" shall be construed accordingly;"stock" means cattle, poultry, horses, asses, mules and rabbits.
Licence by theDirector of Trade.
.(1)No person shall manufacture or sell animal feedingstuffs without a licence issued by the Director of Trade.(2)The issue of a licence under subsection (1) of this sectionshall not exempt the holder thereof from obtaining any otherlicence or permit required by any other law.
Where licence isnot required.
A licence under this Act shall not be required for any of thefollowing objects:(
)the sale by growers of their own produce as food foranimals so long as such produce is not manufactured inany way before sale;(
)the manufacture of animal feeding stuffs for thepurposes of consumption by stock owned by theperson manufacturing such feeding stuff.
Provisionsgoverning the saleof animal feedingstuffs.
(1)No person shall sell any animal feeding stuff other thanin packaged form.(2)No person shall sell any parcel of animal feeding stufincluded in the First Column of Part I of the First Schedule to thisAct unless such parcel is marked in the prescribed manner with amark or marks stating -(
)the name under which such feeding stuff is sold; and(
)such particulars (if any) of composition as arementioned in relation thereto in the Second Column of the said Schedule; and(
)where the animal feeding stuff contains any ingredientincluded in the Second Schedule to this Act, the nameof such ingredient; and(
)in the case of a mixture containing two or moreingredients unground, the nature and proportions of the ingredients.(3)No person shall sell any animal feeding stuff mentioned insubsection (2) of this section which, except for such limits of variation as may be prescribed does not conform in its compositionto the particulars stated in accordance with the said subsection (2).(4)No person shall sell any parcel of a balanced compoundfeeding stuff unless it is marked in the prescribed manner with amark or marks stating -(
)the type-name of such balanced compound feedingstuff; and
CAP. 183.
)the percentages of protein, of oil and of fibre in suchbalanced compound feeding stuff.
Sale of animalfeeding stuff insmall quantities.
The provision of subsection (1) of section 5 of this Actshall not apply to the sale of quantities of twenty-five and one-half kilograms or less if an animal feeding stuff is taken in the presenceof the purchaser from a parcel containing a greater quantity thantwenty-five and one-half kilograms, but in any such case all theother provisions of the said section 5 shall apply in regard to suchparcel and to the sales made therefrom.
Type-names andlimits of analysisof balancedcompound feedingstuff.
(1)No person shall sell any balanced compound feedingstuff under any type-name other than one specified in the FirstColumn of Part II of the First Schedule to this Act.(2)No person shall sell any balanced compound feeding stuff which is not, in relation to the type-name used, within the limits of analysis specified for such type-name in the Second Column of PartI of the First Schedule to this Act.
Implied warranty.
Where an animal feeding stuff or any material used in themanufacture of any compound feeding stuff or of any balancedcompound feeding stuff is sold under a name specified in the FirstColumn of the Third Schedule to this Act, there shall be implied,notwithstanding any agreement or notice to the contrary, a warrantby the seller that such feeding stuff or material accords with thedefinition thereof contained in the Second Column of that Scheduleand it shall not be lawful for any person to sell any such feedingstuff or material in breach of that warranty.
Sale of animalfeeding stuff containingdeleteriousingredients.
(1)No person shall manufacture or sell any animal feedingstuff which contains any ingredient deleterious to stock.(2)Any substance mentioned in the Fourth Schedule to thisAct, if present in a feeding stuff, or where a maximum quantitywith regard to a substance is indicated in the said Schedule, if present in excess of that quantity, shall be deemed to be adeleterious ingredient unless the contrary is proved.
Appointment,duties and powersof inspectors.
The Prime Minister may from time to time appoint one ormore inspectors whose duty it shall be to see that the provisions of this Act are complied with, and, without prejudice to the generalityof the foregoing, such inspectors may -(
)at all reasonable times enter any place where anyanimal feeding stuff is manufactured or sold;(
)inspect any animal feeding stuff and any books ordocuments found in any such place;(
)take samples of any animal feeding stuff from anysuch place; and(
)seize any animal feeding stuff which, on the basis of the certificate referred to in subsection (2) of section13 of this Act, they will consider to be incontravention of the provisions of section 9 of thisAct:

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