S.L. 437.41 Art. 15Non-applicability of this chapter. Cap. 437.

(1) This Chapter shall not apply to products which -

(a) form part of travellers' personal luggage and are intended for their personal consumption, insofar as the quantity does not exceed a quantity to be defined in accordance with subregulation (3) and provided that the products come from a Member State or a third country or part of a third country appearing on the list adopted in accordance with veterinary rules, and from which imports are not prohibited;

(b) are sent as small consignments to private persons, provided that the products are not being imported by way of trade, insofar as the quantity sent does not exceed a quantity to be defined in accordance with subregulation (3) and provided that the products come from a third country or part of a third country appearing on a list drawn up in accordance with veterinary rules, and from which imports are not prohibited;

(c) are on board means of transport operating internationally and are intended for consumption by the crew and passengers, provided that they are not introduced into the territory of Malta or one of the territories of Member States. Where such products or their kitchen waste are unloaded, they must be destroyed. It is not, however, necessary to destroy products when they are transferred directly from one means of transport operating internationally to another at the same port and under customs supervision;

(d) have, where quantities not exceeding a figure to be fixed in accordance with subregulation (3) are involved, undergone heat treatment in a hermetically sealed container to an F0 value of 3,00 or more and -

(i) form part of travellers' personal luggage and are intended for their personal consumption;

(ii) are sent as small consignments to private persons, provided that the products are not being imported by way of trade;

(e) are sent as trade samples or are intended for exhibitions provided that they are not intended to be marketed and have been authorised in advance for that purpose by the Veterinary Services;

(f) are intended for particular studies or analyses insofar as it is possible to determine from the official inspection that such products are not supplied for human consumption and that, when the exhibition is finished or when the particular studies or analyses have been carried out, these products, with the exception of the quantities used for the analyses, are destroyed or re-dispatched under certain conditions to be laid down by the Veterinary Services. In the case referred to under paragraph (e) the Veterinary Services shall ensure that the products concerned cannot be used for purposes other than those for which they were imported into the territory of Malta.

(2) Subregulation (1) shall not affect the rules applicable to fresh meat and meat products in accordance with article 1(2) of European Union Council Directive 72/462/EEC. [

(3) The implementing rules and in particular the weight limits for the different products liable to be covered by the derogation referred to in subregulation (1), shall be determined in accordance with European Community rules and the procedure laid down in article 16(2) of the Veterinary Services Act.