Exportation of Fruit Act

Link to law: http://laws.gov.ag/acts/chapters/cap-161.pdf
Published: 1939

Exportation of Fruit (CAP. 161 1

CHAPTER 161

T H E EXPORTATION O F FRUIT ACT

Arrangement of Sections
Section

1 . Short title.
2. Interpretation.
3. Appointment of Fruit Inspectors.
4. Licensing of packing station.
5. Inspection and certification of fruit.
6. Cancellation of certificate.
7 . Power of entry.
8. Cold storage.
9. Destruction of diseased fruit.

10. Offences.
1 1. Regulations.
12. Payment and application of fees.

SCHEDULE.

EXPORTATION O F FRUIT

(1st November, 1939.) 1311938.

1. This Act may be cited as the Exportation of Fruit Short title.
Act.

2. In this Act- Interpretation.

"container" includes any barrel, crate, ~ a c k a g e , bag
or covering which may be prescribed;

LAWS OF ANTIGUA AND BARBUDA

CAP. 161) Exportation of Fruit

" export" with its grammatical variations and cognate
expressions means to take or cause to be taken out
of Antigua and Barbuda;

"fruit" means any variety of fresh fruit, nut, vegetable
or other unmanufactured product of any tree, plant,
shrub or root to which this Act shall be made to
apply by proclamation of the Governor-General
published in the Gazette;

"Fruit Inspector" means any person or persons
appointed by the Governor-General to exercise the
powers of inspection of fruit under this Act;

"Government Depot" means the Government Fruit and
Vegetable Marketing Depot and Cold Storage
Plant, established for the development of the fruit
trade and appointed for the purposes of this Act;

"packing station" includes the Government Depot and
any place for the packing of fruit appointed under
section 4.

Appointment of
Fruit Inspectors.

3. The Governor-General may, by notice in the
Gazette, appoint fit and proper persons to be fruit inspectors
under this Act, one of whom shall be designated as the Chief
Fruit Inspector.

Licensing of
packing station.

4. The Governor-General may by licence under his
hand appoint such place or places as he shall think fit to
be packing stations for the purposes of this Act.

Inspection and
certification of

5 . All fruit intended for export shall be packed-
fruit. (a) under the supervision of a fruit inspector;

(b) at a packing station; and

(c) in standard containers marked legibly and in
plain letters on the outside thereof with-

(i) the name or identification mark of the shipper,

(ii) the name of the variety of the fruit,

(iii) the number or weight of the fruit, and

LAWS OF ANTIGUA AND BARBUDA

Exportation of Fruit (CAP. 161

(iv) the grade of the fruit contained therein

(2) Any person intending to pack any fruit for export
shall give reasonable notice to the Chief Fruit Inspector of
such intention and of the place and time at which he proposes
to pack such fruit; and no fruit shall be wrapped, packed
or shipped until such fruit and the containers in which the
same is shipped shall have been inspected and approved by
a fruit inspector.

(3) If the fruit inspector is satisfied that such fruit is
in all respects fit for export, and that all the requirements
of this Act and of any regulations made thereunder have
been complied with, he shall-

(a) affix to each package of fruit a label in the
prescribed form denoting that the fruit contained therein
has passed inspection; and

(6) issue to the owner or shipper of the fruit a
certificate of fitness for export in the form prescribed
by the Schedule. Schedule.

(4) Where the exigencies of any particular trade or
special demand require that any variety of fruit shall be
prepared for export or shipped in any particular manner,
the provisions of this section, shall, in relation to such
requirements, have effect subject to such modifications and
adaptations as regards the preparation of such fruit for export
and the conditions of shipment thereof as may be prescribed:

Provided always that no fruit shall be exported unless
and until a fruit inspector shall have examined the same and
certified it as in all respects fit for export.

6. If at any time after certification by a fruit inspector Cancellation of
certificate.

it appears that a certified package of fruit has become in
any respect unfit for export, the Chief Fruit Inspector shall
cancel the certificate of fitness for export in respect of that
package and shall forthwith give notice in writing of such
cancellation to the owner or shipper as the case may require.

7. It shall be lawful for a fruit inspector at all Power of entry.
reasonable times-

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 161) Exportation of Fruit

(a) to board any ship, launch, lighter, boat or other
vessel on which fruit may be stored for the purpose of
being exported, and

( 6 ) to have access to and enter upon any packing
station, building or land where fruit is stored, kept or
otherwise dealt with, for the purpose of ascertaining
whether the provisions of this Act or of any regulations
made thereunder have been complied with.

cold storage. 8. Unless the Chief Fruit Inspector otherwise permits,
all fruit certified as fit for export, if not shipped within twelve
hours after the issue of such certificate, shall immediately
be placed in cold storage until the date of shipment.

Destruction of
diseased fruit.

9. The Chief Fruit Inspector may order any fruit sub-
mitted to any fruit inspector for examination and found to
be affected by disease or insect or fungus pest to be destroyed,
and such fruit shall be deemed to be forfeited and shall be
destroyed accordingly.

Offences. 10. Any person who-
(a) packs or attempts to pack for export any fruit

in a place other than a packing station;

(b) packs or attempts to pack for export any fruit
which has been rejected by a fruit inspector;

( c ) removes from any packing station any package
of fruit without the sanction of a fruit inspector;

(d) exports or attempts to export any fruit which
has not been examined and certified by a fruit inspector
as fit for export, or any fruit in respect of which the
certificate of fitness for export has been cancelled;

( e ) wilfully tampers with any container or the
contents thereof after inspection or certification of the
same by a fruit inspector;

Cf) hinders, molests or obstructs any fruit inspector
in the execution of any duty imposed on him by this Act;

Cg) acts in contravention of or fails to comply with
any of the provisions of this Act or of any regulations
made thereunder,

LAWS OF ANTIGUA AND BARBUDA

Exportation of Fruit (CAP. 161 5

shall be guilty of an offence and shall on summary conviction
be liable in the case of a first offence to a penalty not exceeding
fifteen hundred dollars and in the case of a second or sub-
sequent offence to a penalty not exceeding three thousand
dollars.

1 . The Governor-General may make regulations in Re~lat ions .
respect of all or any of the following matters, that is to say-

(a) the powers and duties of fruit inspectors;

(6) the wrapping, packing and grading of fruit;

(c) the standardization, marking and labelling of
containers;

(d) the method of inspection of fruit to be
employed;

( e ) inspection fees and packing charges;

Cf) the conveyance of fruit intended for export;

Cg) the regulation and control of packing stations;

(h ) the disposal of rejected fruit;

(z] the terms and conditions under which fruit may
be received by the Government Depot for marketing;

the fees and charges payable in respect of
marketing of fruit by the Government Depot;

(k) prescribing anything which by this Act may or
is to be prescribed; and

(I) generally for carrying out the provisions of this
Act.

12. All fees payable under the provisions of this Act f ' p ' g ~ ~ ~ ~ ~ ~
and any regulations made under this Act shall be paid into fee,.
thc Treasury to the credit of the general revenue of Antigua
and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 161) Exportation of Fruit

SCHEDULE

I hereby certify that the fruit specified above has been packed
under my supervision at a licensed packing station, and is in my
opinion free from unnecessary foliage, trash and soil, and in all
respects fit for export.

CertEficate of Fitness for Export.

Dated ............................

.........................................
Government Fruit Inspector.

Description and
Grade of Fruit.

of Owner
or shipper.

Number and identifi-
cation mark of package

or packages.
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