JAMAICA DAIRY DEVELOPMENT BOARD ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title and commencement

   2   Interpretation

 

PART II
Jamaica Dairy Development Board

Establishment and Functions

   3   Establishment of Board

   4   Objects of Board

   5   Functions of Board

   6   Policy directions

 

Administration

   7   Appointment of officers and other employees

   8   Pensions, gratuities and other retiring benefits

   9   Obligation as to secrecy

 

Financial Provisions, Accounts and Reports

   10   Funds and resources of Board

   11   Power to invest moneys

   12   Accounts and audit

   13   Annual reports and estimates

   14   Reserve fund

   15   Returns, etc

   16   Exemption from stamp duty and transfer tax

   17   Recovery of debts

   18   Dairy cess

 

PART III
Licensing Provisions

   19   Restriction on dealings in dairy products

   20   Licence application

   21   Grant or refusal of licence

   22   Non-transferability and validity of licence

   23   Grounds for refusal to issue licence

   24   Renewal of licence

   25   Suspension of licence

   26   Revocation of licence

 

PART IV
Appeal

   27   Appeal

 

PART V
Enforcement

   28   Appointment of inspectors

   29   Functions of inspectors

   30   General powers of entry, inspection and seizure

 

PART VI
Offences and Penalties

   31   Unlawful dealings in dairy products

   32   Offence of making false or misleading statement

   33   Offence of threatening, etc, inspector

   34   Offence of failure to keep or produce records and documents

   35   Breach of offence for which no penalty is provided

 

PART VII
Forfeiture

   36   Court may order forfeiture of specified goods and equipment

   37   Procedure regarding application for forfeiture

 

PART VIII
General

   38   Regulations

   39   Act applies to the Crown

   40   Minister may amend monetary penalties

      SCHEDULE

 

THE JAMAICA DAIRY DEVELOPMENT BOARD ACT

[The date notified by the Minister for bringing the Act into operation]

Act 4 of 2009.

AN ACT to Establish a body to be called the Jamaica Dairy Development Board for the development and regulation of the dairy sector and for connected matters.

PART I
Preliminary (sections 1-2)

1   Short title and commencement

   This Act may be cited as the Jamaica Dairy Development Board Act, 2009, and shall come into operation on a day to be appointed by the Minister by notice published in the Gazette.

2   Interpretation

   (1) In this Act-

   "Board" means the Jamaica Dairy Development Board established under section 3;

   "dairy products" in relation to cows means milk, cream, butter, cheese, condensed milk, evaporated milk, milk powder, dry milk, ice cream, malted milk and any other product manufactured wholly or mainly from milk and includes products that have more than 50% milk solids on a dry weight basis (excluding sugar);

   "dairy sector" means activities concerning-

   (a)   the production (including the breeding, feeding, health and management of cattle) and consumption of milk; and

   (b)   the consumption, manufacture, processing, importation, exportation, transportation, marketing and use of dairy products generally;

   "dealer" means a person who, as a principal, purchases imported dairy products or receives locally produced milk for the purpose of processing, selling or reselling of dairy products;

   "Federation" means the Jamaica Dairy Farmers Federation;

   "functions" includes powers and duties;

   "inspector" means a person appointed pursuant to section 28(1);

   "milk" means milk from cows;

   "place" includes any building or part of a building, tent, stall or other structure, vehicle, vessel, railway car or aircraft;

   "producer" means a person who produces and sells or supplies milk from his own herd to a processor;

   "trade in dairy products" means the carrying out, on a commercial basis, of any one or more of the following activities in relation to dairy products-

   (a)   importing or exporting;

   (b)   producing;

   (c)   handling;

   (d)   processing;

   (e)   pasteurizing;

   (f)   homogenizing;

   (g)   bottling;

   (h)   marketing;

   (i)   transporting;

   (j)   sale; or

   (k)   any other economic activity relating to milk;

   "transporter" means a person who collects milk from a farm and delivers it to a processing plant;

   "vendor" means aperson who, as a principal, purchases or receives dairy products from a dealer or producer for resale or distribution to consumers.

PART II
Jamaica Dairy Development Board (sections 3-18)

Establishment and Functions (sections 3-6)

3   Establishment of Board

   (1) There is hereby established, for the purpose of this Act, a body to be called the Jamaica Dairy Development Board which shall be a body corporate to which section 28 of the Interpretation Act shall apply.

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