Since yesterday, the newly revised bill regulating the operation of the public markets has been in Parliament, with the transfer of authority from the Ministry of the Interior to the Ministry of Agriculture, Rural Development, and Environment, aiming to improve functionality and better serve the purpose of public markets, which is to reduce the gap in producer and consumer prices to the benefit of both.
From now on, the public markets will operate exclusively with the participation of producers and not traders as was the case until now.
Essentially, the bill includes transitional provisions for existing permits for the use of spaces granted according to a specific article of the repealed law, which remain valid until their expiration and not beyond six months from the implementation of the new legislation.
In the bill, a public market means the uncovered or covered area where stationary and retail trade of products by producers takes place.
An uncovered area is an installation that may have a roof and/or enclosure, which is not a permanent construction.
The products available at a public market, depending on the type, meet the quality, hygiene, safety, and trading standards for food provided for in the relevant EU and national legislation.
It is noted that the competent Authority deciding on the creation of a public market is prohibited from operating concurrently with another type of market and/or fair where products allowed to be sold at the public market are sold.
Therefore, within the public market, the producer may sell the following products:
(a) Plant products used as food, including products collected from nature such as mushrooms,
(b) Cut flowers and potted plants,
(c) Processed products resulting from the processing of products referred to in paragraph (a). It is noted that both the raw materials, except for salt, sugar, vinegar, wheat, and flour, and the processed product itself, are produced and manufactured by the producer who sells them at the public market,
(d) Snails, wild or farmed,
(e) Honey and other bee products,
(f) Eggs,
(g) Wine and alcoholic beverages. It is emphasized that both the raw materials and the processed product itself are produced and manufactured by the producer who sells it at the public market.
(h) Fresh fish,
(i) Processed products of animal origin of own production. Both the raw materials, except for meat for the production of cold cuts, and the processed product itself, must be produced and manufactured by the producer who sells it at the public market.
(j) Organic products, primary and/or processed, falling into the categories referred to in paragraphs (a) to (i) above, provided that the producer places the required labeling as provided for in Regulation (EU) 2018/848 and displays the Organic Production Certificate issued by the Control and Certification Organization that controls and certifies it.
The Advisory Committee, which is established, will also play a significant role, the chairman and members of which are appointed by the Council of Ministers as follows:
- The Director General or representative thereof as chairman,
- the Director General of the Ministry of the Interior or representative thereof,
- the Director of the Consumer Protection Service of the Ministry of Energy, Commerce, and Industry or representative thereof,
- the Director of the Agriculture Department of the Ministry or representative thereof,
- the Director of the Veterinary Services of the Ministry or representative thereof,
- the Director of the Fisheries and Marine Research Department of the Ministry or representative thereof,
- the head of the Health Services of the Ministry of Health or representative thereof,
- a representative of the Agriculture Department of the Ministry,
- a representative of the Union of Cyprus Municipalities,
- a representative of the Union of Cyprus Communities,
- a representative from each agricultural organization (PEK, Panagrotiko, EKA, New Agricultural Movement, and Euroagricultural),
- a representative from each consumer organization (Cyprus Consumers Association and Pan-Cyprian Association of Consumers and Quality of Life).
The bill also regulates the operation of the Advisory Committee.
The chairman convenes a meeting at least twice a year or whenever requested in writing by at least five members of the Advisory Committee.
The quorum consists of the chairman and nine members of the Advisory Committee. Decisions are made by a majority vote, and in case of a tie, the chairman has the deciding vote.
Ability to sell products and other licensed producers’ goods
Which individuals can hold a unit usage license
Next Tuesday sees the beginning of discussions in the Parliamentary Committee on Agriculture regarding the revised text on the regulation of the operation of public markets law of 2023, which includes extensive changes.
The revised text was submitted yesterday, and the aim of the relevant committee is to prioritize it so that the bill with modernizing provisions can be presented to the Plenum as soon as possible.
One of the issues expected to concern the Parliamentary Committee on Agriculture is the ability granted to unit usage license holders to sell products that are not their own production, provided that these producers hold a unit usage license in the same public market.
The president of the Parliamentary Committee on Agriculture, AKEL Member Giannakis Gabriel, stated that ‘in recent years, despite the clear provisions of the existing legislation for the exclusive sale of Cypriot products, we receive several complaints about violations of the law.’
As Mr. Gabriel said, ‘there is a question of effective enforcement of the legislation by the relevant state services in ensuring compliance with horizontal legislation concerning the origin, quality, hygiene, and safety of products.’
The competent Authority ensures that the space of the public market is organized and distinguished into clearly marked sections for producers of organic products and producers of conventional products.
An interested producer must obtain a unit usage license in the specific public market by submitting an application to the competent Authority.
A unit usage license may be held by a person who is a producer.
A relative of the producer, up to the second degree of kinship or up to the first degree of affinity, may replace him during the sale of the products, provided that he holds and presents, when requested by an inspector, a written authorization from the producer, granting the right to the specific relative to sell the specific products in a public market, and provided that the relative can prove his identity.
The competent Authority determines the day and operating hours of the public markets operating within its administrative boundaries.