SPIRITS CONTROL ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Establishment of Spirits Control Board, its powers and duties

   4   Who shall be approved manufacturers

   5   Further parties

   6   Minister to issue licences to approved manufacturers

   7   Limitation of manufacture

   8   Offences

   9   Forfeiture on contravention

   10   Minister may fix maximum retail price

   11   Regulations

   12   Modifications and alterations of agreements and new agreements to be approved by Minister

   13   Procedure on application for approval of Minister

   14   Unfair discrimination prohibited

   15   Power of Board to hear and determine complaints

   16   Appeals from Board to a Judge in Chambers

   17   Prevailing customs, etc, to be recognised

   18   Duty and powers of Board to make enquiries and report

   19   Powers of Board in any proceeding

   20   Force of order of Board and Judge

   21   Trial of offences

      SCHEDULE

 

THE SPIRITS CONTROL ACT

[Date of Commencement: 31st December, 1934]

Cap 365.

Law 47 of 1957.

Act 12 of 1985.

1   Short title

This Act may be cited as the Spirits Control Act.

2   Interpretation

In this Act-

<TS:0.196528,NM,NO,0.39375,NM,NO,0.590278,NM,NO,0.7875,NM,NO,0.984028,NM,NO,1.18056,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.77153,NM,NO,1.96875,NM,NO,3.8125,NM,NO>   "denatured alcohol," means any spirits which, by the addition thereto of a denaturant approved by the Commissioner of Customs and Excise, has been rendered unfit for use as a beverage and incapable of being converted to the purposes of spirits;

[12/1985 Sch.]

   "retail price" means the price of any spirits sold or to be sold under a town retail licence a town or licence, a village retail licence, a tavern licence. a hotel licence, an occasional or special licence, or a special hotel licence granted under and by virtue of the Spirit Licence Act;

   "spirits" means distilled spirits of every kind distilled in this Island, including rum and alcohol as defined in the Excise Duty Act, but not including denatured alcohol,

   "Spirits Pool Agreement" means-

   (a)   a certain agreement dated the tenth day of March nineteen hundred and thirty-two and made between the Jamaica Sugar and Rum Manufacturers Limited a Company duly incorporated under the Laws of this Island (hereinafter called "the Company",) and certain sugar manufacturers making provision for the control and regulation of the manufacture of spirits by the said sugar manufacturers and for the sale thereof by the Company (a true copy whereof has been deposited on the tenth day of November nineteen hundred and thirty-four with the Colonial Secretary for Jamaica) and any modification or alteration of the said agreement agreed upon by such of the sugar manufacturers who may have executed or otherwise assented to the said agreement and who shall own not less than three-quarters in number of the sugar factories owned for the time being by the sugar manufacturers who may have executed or otherwise assented to the said agreement;

   (b)   any agreement with the Company which shall be executed or otherwise assented to by sugar manufacturers who for the time being shall own not less than two-thirds in number of the sugar factories for the time being existing in this Island making provision for the control and or regulation and/or restriction of the manufacture and or sale of spirits manufactured or to be manufactured by such sugar manufacturers;

[47/1957 s 2(b).]

   "sugar factory" means all buildings, machinery and plant erected and in use as one unit for the purpose of manufacturing sugar in this Island by the vacuum pan process;

   "sugar manufacturer" means any person engaged in this Island in the manufacture of sugar by the vacuum pan process.

3   Establishment of Spirits Control Board, its powers and duties

   (1) There shall be established a Board to be called "The Spirits Control Board" (in this Act referred to as the Board) comprised of not less than seven members for the purpose of carrying out the provisions of this Act. One member of the Board shall be a spirits manufacturer or a representative of spirits manufacturers and one other member shall be a spirits dealer not concerned with the manufacture of spirits.

   (2) The members and Chairman of the Board shall be appointed by the Minister and the Minister may from time to time define the powers and duties of the Board.

   (3) The Minister may fill any vacancy on the Board caused by the death, resignation, illness, absence from the Island, or inability to act, of any member thereof or in any other manner whatsoever, and may revoke the appointment of any member of the Board.

   (4) Notwithstanding any temporary vacancy or vacancies in the body of members composing the Board the same shall be deemed to be fully constituted for the purposes of this Act.

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