BEES CONTROL ACT

ARRANGEMENT OF SECTIONS

   1   Short title

PRELIMINARY

   2   Interpretation

PART I
Importation

   3   Permits for importation required

   4   Permit regulations

   5   Punishment of offenders

PART II
Protection from Disease

   6   Minister may prescribe measures, etc for preventing introduction and spread of disease

   7   Governor-General may appoint persons to carry out provisions of this Part, etc

   8   Appointed person may enter upon land and examine apiary

   9   Duties of owner, etc of apiary. Presumption against owner, etc of apiary charged with offence against this Part

   10   Acts which constitute offences against this Part

   11   Consent of Director of Public Prosecutions necessary for prosecution

   12   Rules

   13   Decision of Chief Plant Protection Officer final

PART III
Transportation of Bees

   14   Rules to be made by Minister

      Punishment for breach.

THE BEES CONTROL ACT

[Date of Commencement: 10th May, 1918]

Cap 38.

Act 6 of 1968.

1   Short title

   This Act may be cited as the Bees Control Act.

Preliminary

2   Interpretation

   In this Act-

   "beekeepers' stock" includes combs, hives that have been in use and other products of and things used in connection with beekeeping;

{akeebasubs !jamaica law}

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   "disease" means the diseases known as "foul brood" and "Isle of Wight disease of bees," and any other disease which the Minister, by notice published in the Gazette, may declare to be a disease for the purposes of this Act.

PART I
Importation

3   Permits for importation required

   No bees, honey or beekeeper's stock shall be brought within the limits of this Island save with the permission in writing of the Chief Plant Protection Officer first had and obtained, and any bees, honey, or beekeepers' stock brought within the limits of this Island without such permission may be seized and destroyed at any time by any Customs Officer or by any officer or sub-officer of the Jamaica Constabulary Force.

[6/1968 s 3(2) and Sch.]

4   Permit regulations

   (1) The Chief Plant Protection Officer may grant to any person leave to bring within the limits of this Island or to land in this Island any bees, honey or beekeepers' stock in accordance with such regulations as the Minister may make and regulations may be made accordingly.

[6/1968 s 3(2) and Sch.]

   (2) On the breach of any term or conditions prescribed by such regulations the Chief Plant Protection Officer may, with the approval of the Minister, destroy or cause to be destroyed any bees, honey or beekeepers' stock so brought within the limits of this Island or landed in this Island.

[6/1968 s 3(2) and Sch.]

5   Punishment of offenders

   Any person bringing within the limits of this Island or landing in this Island any bees, honey or beekeepers' stock without the leave of the Chief Plant Protection Officer first had and obtained and any person failing to observe or carry out such terms and conditions as may be prescribed by or under the regulations in the last preceding section mentioned shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding one hundred dollars and in default of payment to imprisonment with or without hard labour for a term not exceeding three months.

[6/1968 s 3(2) and Sch.]

PART II
Protection from Disease

6   Minister may prescribe measures, etc for preventing introduction and spread of disease

   It shall be lawful for the Minister from time to time by orders to be published in the Gazette, to-

   (a)   prescribe the measures to be taken for the treatment of any disease by the owner or person having the charge or management of any apiary;

   (b)   regulate the duty of persons appointed to carry out the provisions of any orders issued under this Part;

   (c)   direct the destruction of any apiary infected or suspected of being infected with disease;

   (d)   generally make provisions for the purpose of preventing the introduction and spread of disease or of any particular disease named in the order.

7   Governor-General may appoint persons to carry out provisions of this Part, etc

   It shall be lawful for the Governor-General to appoint persons to carry out the provisions of this Part and of any orders issued thereunder, and the Minister may by warrant direct payment out of the Treasury of the remuneration and expenses of all such persons and of any other expenditure that the Minister may deem necessary for the purposes of this Act, including such compensation to the owner of any apiary destroyed under the provisions of this Act as the Minister may in his absolute discretion approve.

8   Appointed persons may enter upon land and examine apiary

   Any person appointed under the provisions of section 7 may with such assistance as may be necessary enter upon any land and there examine any apiary in order to ascertain whether the said apiary is infected with disease.

9   Duties of owner, etc of apiary

   (1) Every owner or person having the charge or management of an apiary who knows of or suspects the existence of any disease in such apiary shall with all practicable speed give notice in writing to the Chief Plant Protection Officer of the fact of the apiary being so infected or suspected, and shall in such notice give all information in his power as to the extent and nature of such disease. The said notice shall be served personally on the Chief Plant Protection Officer or shall be addressed to him by registered post.

[6/1968 s 3(2) and Sch.]

Presumption against owner, etc of apiary charged with of licence against this Part.

   (2) Where the owner or person having the charge or management of an apiary is charged with an offence under this Part, the shall be presumed to have known of the existence of the disease, unless and until he shows to the satisfaction of the Court that he had not knowledge thereof, and could not with reasonable diligence have obtained the knowledge.

10   Acts which constitute offences against this Part

   If any person without lawful authority or excuse, proof whereof shall lie on him, does any of the following things he shall be guilty of an offence against this Part-

   (a)   if he does anything in contravention of this Part or of any order issued under this Act or of any rule made under this Part or fails to carry out any measures required to be carried out by him under any such order or rule;

   (b)   if he fails to give any notice which by this Part he is required to give;

   (c)   if he refuses to any person acting in execution of this Part or of any order issued thereunder, admission to any land or place which the said person is entitled to enter, or obstructs or impedes such person in so entering or in examining any apiary or otherwise in any respect obstructs or impedes any person in the execution of his duty under this Part or assists in any such obstructing or impeding;

and he shall on summary conviction before a Resident Magistrate be liable to a fine not exceeding one hundred dollars and in default of payment to imprisonment with or without hard labour for a period not exceeding three months, and on a further conviction within a period of twelve months for a second or subsequent offence against this Part he shall be liable to be imprisoned for a term not exceeding six months, with or without hard labour, in lieu of a fine to which he is liable.

11   Consent of Director of Public Prosecutions necessary for Prosecution

   No prosecution for an offence against this Part shall be instituted except by or with the consent of the Director of Public Prosecutions.

12   Rules

   (1) The Minister may make rules for the purpose of more effectually carrying out the provisions and objects of this Part.

   (2) Rules made under this section shall have the same effect as if they were contained in this Act and shall be judicially noticed.

13   Decision of Chief Plant Protection Officer final

   For the purposes of this Part the decision of the Chief Plant Protection Officer as to the presence of any disease shall be final.

[6/1968 s 3(2) and Sch.]

PART III
Transportation of Bees

14   Rules to be made by Minister

   (1) It shall be lawful for the Minister to make rules regulating the transportation of bees along any main road or any parochial road.

Punishment for breach.

   (2) A breach of any rule made under this section may on summary conviction be punished by a fine not exceeding forty dollars and in default of payment by imprisonment with or without hard labour for a period not exceeding three months.

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