S.L. 549.60 Art. 23Offences.

(1) Any person who -

(a) fails to observe any provision of these regulations or any other lawful order given by virtue of any provision of these regulations; or

(b) infringes any restriction, prohibition or requirement imposed by or under these regulations; or

(c) fails to observe any condition of a permit or consent granted under the provisions of these regulations; or

(d) acts in contravention of any of the provisions of these regulations; or

(e) makes a statement or presents information or documentation, which such person knows to be false for the purpose of obtaining the approval or continuation of a consent under these regulations; or

(d) conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provisions of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the said regulations, shall be guilty of an offence under these regulations.

(2) Any person who commits an offence against the provisions concerning the deliberate release of GMOs, for any other purpose than for placing on the market shall, on conviction, be liable:

(a) on a first conviction to a fine (multa) of not less than fifty thousand euro (€50,000) but not exceeding seventy-five thousand euro (€75,000);

(b) on a second or subsequent conviction, to a fine (multa) of not less than sixty-five thousand euro (€65,000), but not exceeding one hundred thousand euro (€100,000) or to imprisonment for a term not exceeding two (2) years, or to both such fine and imprisonment.

(3) Any person who commits an offence against the provisions concerning the placing on the market of GMOs shall, on conviction, be liable:

(a) on a first conviction to a fine (multa) of not less than sixty thousand euro (€60,000) but not exceeding ninety thousand euro (€90,000);

(b) on a second or subsequent convictions, to a fine (multa) of not less than seventy-five thousand euro (€75,000), but not exceeding one hundred and twenty thousand euro (€120,000) or to imprisonment for a term not exceeding two (2) years, or to both such fine and imprisonment.

(4) The court shall order any person who has been found guilty of committing an offence against these regulations to pay the expenses incurred by the competent authority as a result of the said offence, the revocation of the notification issued by the competent authority and the confiscation of the corpus delicti.

(5) The Court shall order the offender to remove the causes of the offence and to undo anything which was done without a permit within a time sufficient for the purpose to be fixed by the Court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not less than sixty euro (€60) and not more than five hundred euro (€500), as the Court may fix, for every day that the default continues after the expiration of the said time.

(6) Any person who has been found guilty of committing an offence against these regulations shall also pay for the expenses incurred for the keeping, transport and remedying the damage caused by the said infringement, and for any other expense incurred or mitigation measures required to remedy such doings, damage and infringement.

(7) The provisions of articles 23 and 30 of the Criminal Code shall apply, to proceedings in respect of offences mutatis mutandis, against these regulations, so however that the disqualification from holding or obtaining a licence or permit from the competent authority shall in no case be for less than one year.

(8) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be held before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(9) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations.