AGRICULTURAL PRODUCE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Interpretation

   2   Interpretation

   2A   Registration

 

Licences

   3   Licences

   4   Application for licence

   5   Resident Magistrate to deal with application

   6   Refusal of licence

   7   Power of Resident Magistrate to suspend or revoke licence

   8   Clerk to notify Police and Chief Inspector of issue of licence

   9   Duration of licence

   10   Notice board to be affixed to premises

   11   Produce Book to be kept

   12   Purchases of produce to be made on premises

   13   Production of licence for inspection

   14   Receipt to be issued to purchaser

   15   Issue of receipt books

 

Record and Returns of Deliveries of Specially Protected Produce

   16   Contracts relating to specially protected produce to be recorded and returns of deliveries made

 

Carriers; Licensed Vehicles

   17   Carrier's licence

   18   Use by carrier of vehicles to convey specially protected produce

   19   Identification of vehicles

   20   Book to be kept in vehicle when in use

   21   Failure of driver to keep book in vehicle an offence, and offences by carrier

 

Possession of Specially Protected Produce by Unlicensed Persons

   22   Selectors and unlicensed persons to account for possession of specially protected produce

 

Powers of the Minister

   23   Minister's powers

   24   Minister may alter or revoke orders and regulations

 

Appointment of Inspectors

   25   Appointment of Inspectors

 

Miscellaneous

   26   Places for inspection, classification, etc of produce intended for export

   27   Power of Inspector to enter premises

   28   Penalties

   29   Powers of Inspector

   30   Advisory Board

   31   Inspector's decision final

   32   Onus probandi

   33   [Repealed by Act 23 of 2004 s 8.]

   34   Duty of Registrar

   35   Expenses and salaries payable out of the Treasury

 

Offences

   36   Offences

   37   Summary trial

   38   Appeals

      SCHEDULES

 

THE AGRICULTURAL PRODUCE ACT

[Date of Commencement: 1st August, 1926]

Cap 7.

Acts
31 of 1995,
23 of 2004.

LNs
485/1969,
302/1972,
12/1973.

1   Short title

   This Act may be cited as the Agricultural Produce Act.

Interpretation (sections 2-2A)

2   Interpretation

   In this Act-

   "agricultural produce" shall mean any of the kinds of produce mentioned in the First or Fourth Schedule or any of the kinds of livestock or fish mentioned in the Fifth Schedule;

[23/2004 s 2(a).]

   "agricultural warden" shall mean a person appointed as such under the Praedial Larceny (Prevention) Act;

[23/2004 s 2(b).]

   "cacao" means cacao beans, whether in the pod or pulp, or separated, and whether cured or uncured, ripe or unripe,

   "carrier" means any person who by himself, or by his servant or agent, conveys in a vehicle along a public road any specially protected produce but shall not include-

   (a)   a person who by himself or by his servant or agent conveys in his own vehicle any such produce owned by such person; or

   (b)   a person who conveys in a vehicle any such produce for sale for local consumption in Jamaica;

   "carrying on a trade or business" means any purchase or sale for the purpose of trade-in produce although such purchase or sale occurs on one occasion only;

   "coffee" means coffee beans, whether in the cherry or pulp, or separated from the pulp, and whether cured or uncured, ripe or unripe;

   "coconut" means green or water coconuts, and ripe or dry coconuts in shell or peeled, also the kernel and copra;

   "consignor" means the owner or shipper, whether jointly or severally of agricultural produce, and includes any person authorised by such owner or shipper to ship agricultural produce. It also includes, in the case of a company, the managing director, manager, secretary or other principal officer of the company in the Island;

   "contract" means any agreement, arrangement or understanding, whether oral or in writing, and whether for a fixed or indeterminate period, whereby any person engages to sell or deliver specially protected produce to an exporter, or to any other person who buys or receives the same for delivery or sale to an exporter:

   Provided that the expression shall not include transactions in relation to specially protected produce for local consumption or for any local manufacture nor shall it include any casual sale or delivery to a produce dealer at licensed premises;

   "dealer" means any person holding a current licence under this Act;

   "exporter" means any person, firm or company carrying on the business of exporting from the Island specially protected produce;

   "fruit" means bananas and citrus fruit and any fruit which the Minister may declare to be fruit for the purposes of this Act;

   "inspected" means inspected under the provisions of this Act;

   "Inspector" means Inspector of Agricultural Produce;

   "licensed vehicle" means a vehicle in respect of which a licence is granted under section

   "nutmegs" means nutmegs, whether in the pod or separated from the pod, whether cured or uncured, ripe or unripe, and mace;

   "place" means any place where any produce mentioned in the First or Fourth Schedule, or any fish or livestock mentioned in the Fifth Schedule, is grown, stored, reared, bought or sold;

[23/2004 s 2(c).]

   "premises" shall include any house, shop, depot, wharf, portion of a wharf, building, room or enclosed place approved by an officer appointed for the purpose by the Minister as a place for the purchase or sale of agricultural produce and any enclosed land appurtenant thereto, or used or occupied therewith;

   "prescribed" means prescribed by orders of the Minister or by regulations;

   "specially protected produce" means agricultural produce of any of the kinds specified in Class No 2 of the First Schedule;

   "unmarketable fruit" means fruit in such a bruised, damaged, poor or immature condition in the opinion of the Inspector at the time of inspection as not to be fit for shipment and to be prejudicial to the agricultural interests of the Island if shipped;

   "vehicle" means a mechanically propelled vehicle.

2A   Registration

   (1) Every person carrying on the trade or business of growing or rearing agricultural produce shall become registered with the Rural Agricultural Development Authority.

   (2) The Minister may make regulations prescribing the procedure for registration under subsection (1), the imposition of fees in relation thereto and any other matter connected therewith.

[23/2004 s 3.]

Licences (sections 3-15)

3   Licences

   (1) Every person carrying on the trade or business of buying or selling, or of buying or exporting agricultural produce shall be required to take out a licence under this Act for each premises in which he intends to carry on such trade or business.

   (2) A person may apply for a traveller’s licence if that person-

   (a)   carries on the trade or business of buying and selling, or of buying and exporting, agricultural produce; and

   (b)   desires to buy any agricultural produce at any place other than on the premises for which that person holds a licence to buy or export agricultural produce.

[23/2004 s 4.]

   (3) A traveller’s licence entitles the holder, his agent or servant so authorised, to purchase in any parish in the Island, on the premises of the grower or producer or by written or electronic form of communication-

   (a)   any agricultural produce mentioned in the Fourth Schedule or in any of the classes of produce mentioned in the First Schedule; or

   (b)   any fish or livestock mentioned in the Fifth Schedule.

[23/2004 s 4.]

   (4) This section shall not apply to-

   (a)   the sale or export of agricultural produce grown on premise owned by a grower of agricultural produce and sold by that grower; or

   (b)   a person who buys agricultural produce for domestic use.

[23/2004 s 4.]

4   Application for licence

   (1) Any person desiring a licence of any class mentioned in the First Schedule, or a traveller's licence, shall, before the sitting of the Resident Magistrate's Court of the parish wherein the premises in respect of which the application is made are situated and, in the case of a traveller's licence, of the parish wherein the applicant resides and at which his application is to be considered, deposit with the Collector of Taxes of the parish, in the case of a licence for Class 1, 2 or 3 of the First Schedule, the sum of two hundred and fifty dollars and in the case of a traveller's licence, the sum of five hundred dollars. The Collector shall give a receipt for the amount so deposited, which receipt shall be produced for inspection at the sitting of the Resident Magistrate's Court.

[31/1995 s 4.]

   (2) Each applicant shall cause to be delivered to the Clerk of the Courts an application in writing for the licence, stating his name and residence in full, the class of licence desired, and the particular premises for which the same is desired; and each person intending to apply for a licence under this Act shall, ten days at least before the sitting of the Resident Magistrate's Court at which his application is to be considered, give notice in writing of such intention to the Chief Officer of Constabulary of the parish in which his application is to be made, and shall set forth in such notice-

   (a)   his name, address and occupation;

   (b)   the situation of the premises in which he proposes to buy or sell agricultural produce and the class of produce he desires to deal in;

   (c)   whether he intends to deal in wet or dry produce or both;

   (d)   whether his application is for an original licence or for the renewal of a licence;

   (e)   that there is not any unsatisfied judgment against him in any Court of Judicature of this Island for misapplying, or not accounting for moneys entrusted to him for the purpose of enabling him to purchase agricultural produce;

   (f)   whether he has previously been refused a licence for any premises in the Island;

   (g)   a recommendation in writing from a Justice of the parish, or from a member of the Parish Council, a minister of religion, or a householder paying direct taxes to the amount of ten dollars yearly.

   The Chief Officer of Constabulary shall make such enquiries as he may deem necessary, and shall endorse on each notice the result of his enquiries into the character of the applicant, and the correctness of the statements in the said notice, and shall forward such notice so endorsed, together with a certificate from the Inspector, which must be furnished by the applicant, that the applicant has a sufficient and suitable place for the storing, grading, and packing of produce, to the Clerk to be laid before the Resident Magistrate's Court at the sitting of the Court at which the application is to be considered and in every case in which his report is unfavorable to an applicant, the Chief Officer of Constabulary shall, if required by the Resident Magistrate, attend and afford such information on oath as may be required of him.

   (3) In the case of an application to deal in wet produce, each applicant shall forward together with his application to the Clerk of the Courts a certificate from the Inspector that he has made suitable arrangements for the curing of wet produce.

   (4) Each applicant shall also cause to be delivered to the Collector of Taxes of the parish along with the deposit required by subsection (1) a certificate signed by the Chief Officer of Constabulary or a Justice of the parish in which the application is made that the applicant is able to read and write the English language and to keep the book required to be kept by a licensed produce dealer.

   (5) Notwithstanding the provisions of subsection (2) a licensed produce dealer may have his licence renewed from year to year on his giving notice to the Chief Officer of Constabulary for the parish of his intention to apply for such renewal and on the payment of the fees provided for such licences in section 4(1) to the Collector of Taxes of his parish, and on his forwarding together with his application, to the Clerk of the Courts, in the case of a licence of Class No. 1, the certificate of the Inspector under subsection (3) where the applicant intends to deal in wet produce, and in the case of a licence of Class No. 2, the certificate of the Inspector prescribed by subsection (9) and also the certificate of the Inspector prescribed by subsection (7) where the applicant intends to buy citrus fruit. If, however, the Chief Officer of Constabulary or Chief Inspector or an Inspector satisfies the Resident Magistrate that the person claiming to have his licence renewed ought not to be licensed, the Resident Magistrate may refuse to renew such licence.

   (6) A licence of Class No. 1 in the First Schedule shall not authorise the selling or buying of any agricultural produce which is uncured or wet or in the skin, pod, cherry or husk-

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