Cap. 449 Art. 2Interpretation.

(1) In this Act, unless the context otherwise requires -

"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 technological purpose in the manufacture, 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 Food Safety and Security 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, and, in relation to food in a particular consignment, includes any place so authorised for the importation of that consignment;

"commercial operation" in relation to any food or contact 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;

(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 course of a business, trade or profession, buys or otherwise receives food or food sources within the meaning of the provisions of this Act;

"contact material" means any article 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;

"food" means:

(a) any substance or products, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans; and

(b) includes and, or excludes any other substance or product as 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 totality of all regulatory, licensing, enforcement and prevention and other activities conducted for purposes of health, food safety and hygiene, 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 food business, and includes stalls, whether in open or closed markets, vehicles, whether movable or not, and sea-going vessels, including fishing vessels;

"Food Safety and Security Authority" means the Food Safety and Security Authority established by article 4 of the Food Safety and

Security Authority Act; "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; "irradiated" means treated with ionised irradiation 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 food; "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 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 business, food premises or food product and, in his absence, includes such employee or other person, being the senior employee or person present, engaged in operating the food business or food premises at the time; such senior employee or person shall be 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 sale 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 be a sale of the food, and references to ''purchases'' and ''purchasing'' shall be construed accordingly.