Department of Environmental Health
Port Health Services in Malta
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Port Health Services Objectives
This Unit is responsible for the control of the importation of all imported foodstuffs including:
Importation of products of animal origin is the responsibility of the Food and Veterinary Directorate within the Department of Environment and Rural Affairs.
The control of the importation of all imported medical products, including:
This Unit is also responsible for the control on the importation of other products including:
Other responsibilities include:
IMPORTED FOODFood imported to Malta comes from other EU Member States and third country (non-EU countries). Freedom of movement applies to products originating in the Member States and products from third countries (non-EU) which are in free circulation in the Member States [Article 23(9), second subparagraph Treaty of the European Community]. In effect this means that border controls in Malta should normally only be applied to imports from third countries. Occasionally when an acknowledged problem comes to light within the EU, emergency safeguard measures may be introduced to prevent intra-community movement of the goods e.g. BSE and dioxins in pork. Goods distributed from other member states are NOT considered to be imported food e.g. produce of Italian Pasta. One exception is third country origin products in transit via another Member state for clearance at the Border Inspection Post. Third country import controls vary depending on the type of product. There are two main types: Products of animal origin and food not of animal origin. The Veterinary Services is responsible for enforcement of legislation relating to imports of Products of animal origin. The Department of Public Health is responsible for enforcement of Legislation relating to imports of food not of animal origin. The latter Department is also responsible for ensuring compliance with legislation regarding labelling, additives, contaminants and contact material with food (The complete list of legislation can be found in the Food Safety Commission website). Food imports coming from third countries are to be covered by Health Certificates. In some cases only the health certificates as required by specific legislation are acceptable. Like all food produced in this country, and in free circulation food i.e. where food products can freely move within the EU without customs checks, national controls may be set up to protect public health and a process of notification has been setup for this purpose. All food products are subject to the general food safety and hygiene requirements of the Food Safety Act 2002. In general, these are that food must not be rendered injurious to health, unfit for human consumption, or so contaminated that it is not reasonable to expect it to be used for human consumption in that state.
The process of imported food control begins by an Inspector selecting from cargo manifests those consignments of food which he wishes to be produced to him for examination and those which he intends to detain pending receipt of the correct health documentation. Where this documentation is not forthcoming or where it has been shown to be incorrect then the consignment is usually detained pending its re-exportation.
Foods selected for examination are inspected to ascertain the country of origin, any certification, physical defects, composition, with reference to the possible presence of non-permitted additives, e.g. preservatives, colours, etc., and labelling irregularities. Physical defects may take the form of transit damage including taint, carriage at incorrect temperature, oil or water damage, rodent or insect damage, fire damage, mould growth, 'freeze burn', 'sweating', or goods crushed in stow. The examination will include for evidence of canning defects including 'blow', rusty or leaky cans.
The Inspector will then decide whether to draw samples for chemical analysis - e.g. for the presence of non-permitted preservatives, colours, anti-oxidants, heavy metals (lead, cadmium, etc.), pesticide residues and other non-permitted or otherwise harmful substances - or for bacteriological examination - e.g. the presence of pathogenic bacteria including Salmonella spp., Staphylococcus aureus, Bacillus cereus.
The Inspector may detain consignments until the completion of any special examination or until the results of tests have been received. When, as a result of physical examination or unsatisfactory chemical or bacteriological tests the food is considered to be unfit, unsound, unwholesome, or otherwise unacceptable, the consignment is not released from Customs and the Inspector seeks its voluntary surrender from the importer for destruction.
For imports from third countries the importer submits to the Port Health Services a copy of the invoice and health certificate for assessment by the Health Inspector.
Prior to 1st May 2004 importers were required to submit a copy of the Customs ASYCUDA (Import Declaration), invoice and health certificate for assessment by the Health Inspector. This procedure was applicable for all imports of food.
The number of Import Declarations processed by the Port Health Inspectorate from 1996 are as follows:
In 1998 the number of Health Inspectors had been increased to strengthen the inspections of imported foodstuffs. This was due to the ever increasing trade and the enforcement of the new legislation. The number of consignments inspected since 1998 is shown in the table below:
EXPORTED FOODIt is the responsibility of the Port Health Services Inspectorate to issue Health and Radiation-free Certificates for food which is intended for export. The route and fate of any imported raw materials which go directly into any locally-manufactured or processed products is recorded. Records, including certification, of such importations are placed on database, and are made, available, whenever required, to the District Health Inspectors during the monitoring of production/processing operations. Samples from imported consignments are taken at random and referred to the Public Health Laboratories. The District Health Inspectorate's assessment is given due consideration in order to ascertain that the food is prepared, manufactured and stored according to the various provisions of Maltese Health Legislation. Every export health certificate is issued at a fee as per Health Inspectorate Services (Fees) Regulations, 2004 - L.N. 134 of 2004
The number of Health and Radiation-free Certificates issued by Port Health Inspectorate are as follows:
Note: Port Health Services waive any liability in respect of any exported food products which are covered by Health / Radiation-free Certification. Importation of Pharmaceuticals / Food Supplements Since 2000 the Port Health inspectorate had been entrusted with the control of imports of pharmaceuticals and Food Supplements. All pharmaceutical products imported for human use have to be covered by a valid receipt of Certificate of Pharmaceutical Products issued by the Medical Regulatory Unit. Only those importers that are Licensed Whole Dealers of Pharmaceutical Products can import pharmaceuticals.
From November 2004, due to legislation, a Provisional Marketing Authorisation / Marketing Authorisation issued by the Medicines Authority is required for a pharmaceutical product to be marketed in Malta. In additional to the Marketing Authorisation, if the Marketing Authorisation holder is not a local company duly licensed but a foreign company, the Marketing Authorisation holder is required to issue a letter of access to the local licensed wholesale dealer in pharmaceutical products authorising the licensee to proceed with the marketing of the pharmaceutical on its behalf. For more information go to Medicines Authority website.
Food Supplements are regulated by Food Supplements Regulation, 2003, L.N. 239 of 2003 as amended by L.N. 327 of 2005 and L.N. 94 of 2007. To place Food Supplements on the local market, Traders have to be registered Traders with the Food Safety Commission, in receipt of a valid notification for the food supplement issued by the Malta Standards Authority (acting on behalf on the Food Safety Commission) and proceed with notification prior to entry in the country as in the case of food.
In the case of imports of pharmaceuticals for animal use, the pharmaceutical products are first vetted by the Food and Veterinary Directorate within the Department of Environment and Rural Affairs and on positive remarks are endorsed by Port Health Services.
The number of pharmaceutical and allied products, and food supplements processed by the Port Health Inspectorate are as follows:
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