Sugar Quotas Act


Published: 1937

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Sugar Quotas (CAP. 419 1

CHAPTER 419

THE SUGAR QUOTAS ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Power to fix quotas.
Restriction on export of sugar.
Disposal of surplus stock.
Returns.
Power of entry and inspection.
Offences.
Liability of officers of company.
Fiat of Attorney-General.
Regulations.

SUGAR QUOTAS

16/1937
18/1989

(1st September, 1937.) S.I. 39/1989

1. This Act may be cited as the Sugar Quotas Act. Shofitit~e. I

2. In this Act- Lnterpretation.

"export" means to take or cause to be taken out of
Antigua and Barbuda;

"local sale" means sale or delivery for consumption
within Antigua and Barbuda;

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 419) Sugar Quotas

"quota" means the quantity of sugar which each manu-
facturer of sugar in Antigua and Barbuda is permit-
ted to manufacture, hold in stock, export, dispose
of by local sale or otherwise in accordance with an
order made by the Cabinet under this Act;

"quota period" means any period in respect of which
any quota has been fixed by an order made by the
Cabinet under this Act;

"stock" means sugar in Antigua and Barbuda either in
any factory or warehouse or in transit but does not
include foreign sugar in bond or sugar stored in
any warehouse or other place for the purpose of
distribution for consumption within Antigua and
Barbuda;

"sugar" includes sugar in any of its commercial forms
except the product sold as final molasses.

Power to fix
quotas.

3. The Cabinet may by order published in the Gazette
fix the quota which each manufacturer of sugar in Antigua
and Barbuda shall be ~ermitted uring any quota period-

( a ) to manufacture;

(6) to export;

(c) to dispose of by local sale;

(d) to hold in stock for disposal in addition to (b)
and (6);

and prescribe the conditions under which such permission
shall be granted and may in like manner at any time substitute
a new quota for the quota so fixed.

Restriction on
export of sugar.

4. No sugar other than sugar manufactured by a sugar
manufacturer to whom a quota for export has been allotted
by an order made under the provisions of this Act shall be
exported, and no such sugar manufacturer shall export any
sugar in excess of the quota allowed to him by such order:

Provided that the provisions of this section shall not be
construed so as to affect or prohibit the reexportation of
sugar arriving in Antigua and Barbuda from a place outside
Antigua and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

Sugar Quotas (CAP. 419 3

5. The Cabinet may by order declare in what manner Disposal of
any sugar manufactured in excess of the fixed quota shall be surplus stock.

disposed of, and may order the seizure and destruction of
any such excess stock of sugar. The manufacturer shall not
be entitled to claim compensation for any sugar seized,
destroyed or otherwise disposed of in accordance with such
order.

6 . The Minister may require any person, by order Returns.
served on such person or published in the Gazette, to make
and submit to him within such time as may be specified in
the order, a return in the form prescribed by such order,
containing full particulars of all or any of the following mat-
ters namely-

( a ) the sugar manufactured by him during any
period specified in the order;

(6) the stocks of sugar belonging to him, or in his
possession, power or control at any particular date or
during any period specified in the order, the place of
storage of the same, and if such sugar was acquired by
him, the person from whom he acquired the same;

(c) the sugar disposed of by him either by exporta-
tion or by local sale during any period specified in the
order;

(d) an estimate of his total sugar production and
of the quantity intended to be exported during any
period;

(e) any other particulars required for the purposes
of this Act.

7. (1) The Minister may authorize any government ::;;$z;z.
or ~o l ice officer, with or without assistants, to enter upon any

1

factory, building or land on which sugar is manufactured,
sold, stored, kept, or otherwise dealt with to ascertain
whether the provisions of any order made under this Act
have been complied with, and in case of contravention of an
order made under section 5 to seize, destroy or dispose of
any excess stock of sugar in accordance with such order.

(2) Any such officer may require the production of any
records showing the quantity of sugar manufactured,

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 419) Sugar Quota5

Offences.

exported, disposed of by local sale or held in stock at any
particular date or during any quota period or part of a quota
period by any manufacturer of sugar, and may inspect and
examine the same and copy any material part thereof.

(3) Any person who hinders, molests or obstructs any
officer authorized to exercise any of the powers given by this
section shall be liable on summary conviction to a fine not
exceeding fifteen hundred dollars.

8. Any person who-
( a ) acts in contravention of or fails or neglects to

comply with any of the provisions of this Act or of any
order made hereunder; or

(6 ) makes or causes to be made any return under
section 6 knowing the same to be false in any material
particular,

shall be guilty of an offence, and shall on summary convic-
tion be liable to a fine not exceeding five thousand dollars,
and in case of any contravention of any of the provisions of
an order made under section 3 to an additional penalty not
exceeding fifty dollars in respect of each hundredweight of
sugar manufactured, exported, sold, delivered or otherwise
disposed of in contravention of such order.

Liability of
officers of

9. Where the person guilty of an offence under this
company. Act is a company or corporation, every director and officer

of the company or corporation shall be guilty of the like
offence who knowingly authorizes or permits the act or omis-
sion constituting the offence.

Fiat of Attorney-
General.

10. No proceedings under this Act shall be instituted
except by or with the consent of the Attorney-General.

Regulations. 1 1. The Cabinet may make regulations and prescribe
forms with respect to the allocation of quotas and generally
for giving effect to the provisions of this Act.