L.R.O. 1/2012
LAWS OF GUYANA
SOAP ACT
CHAPTER 95:06
Act
24 of 1944
1 – 11 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 95:06
SOAP ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Penalty for manufacturing or importing soap below standard
quality.
4. Standard of quality of soap.
5. Power to grant soap manufacturing licences.
6. Power to cancel licence and to revoke authority.
7. Penalty for manufacturing soap in unlicensed premises.
8. (1) Officers to enforce Act.
(2) Authorised Officer.
9. Duties and powers of authorised officer.
10. Power to take samples for analysis.
11. Procedure on taking sample.
12. Government Analyst to issue a certificate.
13. Sections 23 to 30 of Cap. 144 (1953 Ed.) incorporated in this Act.
14. Notice of intention to destroy deficient soap to be given.
15. Right of appeal.
16. Power to restrict or prohibit importation of soap.
17. Operation of section 95 of Cap. 145 (1953 Ed.)
SCHEDULE—Licence to Manufacture Soap.
__________________________ 1953 Ed.
c. 322 _______________________________________________________
24 of 1944 An Act to control the manufacture and importation of soap;
to provide for a standard of quality thereof and for
purposes connected with the matters aforesaid.
[Section 9 (1) (d), in so far as its provisions relate to soap
imported into Guyana, 1ST NOVEMBER, 1947; Remainder,
1ST SEPTEMBER, 1944]
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Short title.
Interpretation.
Penalty for
manufacturing
or importing
soap below
standard
quality.
Standard of
quality of soap.
1. This Act may be cited as the Soap Act.
2. In this Act—
“factory” means any premises wherein soap is manufactured
in Guyana;
“Government Analyst” includes an assistant analyst;
“manufacturer” includes any person beneficially interested
in, or superintending the manufacture of, soap;
“premises” includes messuages, buildings, land, easements
and hereditaments;
“warehouse” means any place where goods are lodged,
kept or secured.
3. (1) No person shall manufacture any soap which is
below the standard quality prescribed in the section next
following.
(2) Except with the permission of the Minister no
person shall import into Guyana any soap which is below the
standard quality prescribed in the section next following.
(3) Any person who contravenes any provision of
this section shall be liable on summary conviction to a fine of
one thousand dollars or to imprisonment for six months:
Provided that it shall be a defence to any charge against
an importer of soap under this section that such soap was
covered by a certificate, signed by the exporter thereof, stating
that the soap is of, or over, the standard of quality hereinafter
prescribed.
4. Soap shall contain—
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Power to grant
soap
manufacturing
licences.
(a) not less than sixty per cent by weight
of fatty acids;
(b) not more than thirty per cent by
weight of water; and
(c) not more than 0.05 per cent by weight
of free caustic soda.
5. (1) Any person who desires to manufacture soap
shall make application for the grant of a licence (hereinafter
referred to as a “soap manufacturing licence”) to the district
commissioner of the district wherein the factory in which the
manufacture is to take place is situated and each such
application shall state the address of the intended factory.
(2) Upon receipt of an application for the issue of a
soap manufacturing licence, the district commissioner shall
cause it to be forwarded to the Minister.
(3) The Minister may, in his discretion, grant, or
refuse to grant, authority to the district commissioner to issue
a soap manufacturing licence to any applicant and the
decision of the Minister shall be final.
(4) The Minister may grant authority to issue to the
applicant—
(a) a licence for one year only or for the
balance of the current year; or
(b) annual licences for a specified number
of years; or
(c) annual licences for an unlimited
number of years.
(5) Where authority is granted under subsection (4)
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Schedule.
Power to cancel
licence and to
revoke
authority.
Penalty for
manufacturing
soap in
unlicensed
premises.
Officers to
enforce Act.
Authorised
officer.
to issue a soap manufacturing licence, the district
commissioner shall issue the licence in the form set out in the
Schedule.
(6) A licence shall be required in respect of each
factory.
(7) A fee of five dollars shall be payable in respect
of each soap manufacturing licence issued under this Act.
(8) Unless previously revoked under section 6(a), a
licence shall expire on the 31st December in the year in which
is it issued.
6. The Minister may—
(a) cancel any licence to manufacture
soap; and
(b) where authority was granted under
section 5(4)(b) or
(c) to issue annual licences, revoke such
authority.
7. Any person who manufactures soap in any place
other than a factory duly licensed in his name under this Act
shall be liable on summary conviction to a fine of one
thousand dollars or to imprisonment for six months.
8. (1) Every officer of the police force shall be an
officer to enforce this Act (hereinafter referred to as “an
authorised officer”).
(2) Any officer of police not below the rank of
district superintendent may authorise in writing any member
of the police force to perform and exercise the powers, duties
and functions of an authorised officer under this Act or under
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Duties and
powers of
authorised
officer.
such section thereof as may be specified in the authority; and
any member of the police force who is so authorised, shall be
an authorised officer for the purposes of this Act, or of the
specified section thereof, as the case may be.
9. (1) Any authorised officer may –
(a) at all reasonable hours enter, inspect
and search any warehouse or factory,
or any shop or other place in which
soap is stored, kept, manufactured,
sold, bartered or exposed for sale or
barter;
(b) take a sample of any soap found in
any such place and cause the said
sample to be analysed;
(c) direct in writing any manufacturer to
retain in his possession or control any
soap pending the receipt by the
authorised officer of a certificate from
the Government Analyst relating to
such soap; or
(d) seize any soap which is not of the
standard of quality prescribed in
section 4.
(2) Where any direction has been given under
paragraph (c) of the preceding subsection and the certificate
of the Government Analyst proves the soap to be of, or over,
the standard of purity prescribed in section 4 an authorised
officer shall, forthwith after the receipt of the said certificate,
inform the manufacturer at the address of his licensed factory
that the direction is cancelled.
(3) Any manufacturer who, during the currency of
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Power to take
samples for
analysis.
Procedure on
taking sample
any direction given in writing under subsection (l)(c),
transfers, or attempts to transfer, the possession or control of
any soap to which such direction relates shall be liable, on
summary- conviction, to a fine of two hundred dollars.
(4) For the purposes of this Act nothing contained
in subsection (1)(c) and (d) shall be deemed to authorise the
seizure of any soap which is in the process of manufacture.
10. (1) On any officer applying to purchase or to be
allowed to take a sample from any person in charge or in
possession of any soap in any warehouse, factory or shop or
other place such person shall either sell such sample to, or
permit such sample to be taken by, the authorised officer and
may demand either reasonable payment, or a receipt, for such
sample and the authorised officer shall comply with such
demand.
(2) Any receipt given under the preceding
subsection by the authorised officer shall fully indemnify the
person in charge or in possession of the soap from which
the sample was taken in respect of all claims by the owner
of the said shop.
(3) On demand being made in that behalf by the
owner of any soap, from which a sample has been taken and a
receipt given therefor, to the authorised officer who took the
sample, the said owner shall be entitled to be paid the
market value of the said sample.
(4) Any person in charge or in possession of any
soap who refuses to sell, or to permit to be taken, a sample
thereof after being requested so to do by the authorised
officer shall be liable to a fine of two hundred dollars.
11. (1) Any authorised officer who has purchased soap
or taken a sample of soap with the intention of submitting it
to analysis shall forthwith notify the seller or his agent or the
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Government
Analyst to
issue a
certificate.
person for the time being in charge or in possession of the
soap from which the sample was taken of his intention to
have the soap or sample of soap analysed, and shall offer
forthwith to divide it in the presence of the seller, agent or
person aforesaid into three parts, each part to be separately
packed and sealed and if the offer be accepted the officer shall
proceed accordingly and shall deliver one of the packages to
the seller, agent or other person as aforesaid.
(2) The authorised officer shall thereafter retain
one of the packages for future comparison and shall forthwith
take or send the third package to the Government Analyst to
be analysed.
(3) If the offer be not accepted the authorised of
officer shall send or take all the soap purchased or the whole
sample, as the case may be, to the Government Analyst and
shall communicate the fact of non-acceptance of the offer
aforesaid to him and the Government Analyst shall divide the
soap or sample into two parts and shall parcel and seal one of
the parts and cause it to be delivered to the officer who shall
retain it for production, and the Analyst shall analyse the
other part.
12. (1) After completion of any analysis made under
this Act the Government Analyst shall issue a certificate
and each such certificate shall –
(a) set out the composition of the soap
as ascertained by the analysis;
(b) state whether in the opinion of the
Government Analyst the soap satisfies
the requirements of section 4; and
(c) contain any observations the
Government Analyst deems desirable
to include therein.
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Sections 23 to
30 of Cap. 144
(1953 Ed.)
incorporated in
this Act.
Notice of
intention to
destroy
deficient soap
to be given.
Right of appeal.
(2) In any case where the Government Analyst has
issued a certificate under this section and proceedings are
instituted under section 3 a copy of such certificate shall be
served upon the defendant together with the writ of
summons.
13. (1) Subject to this section, sections 23 to 30
(inclusive) of the Sale of Food and Drugs Ordinance are
hereby incorporated with this Act and shall apply to
proceedings under this Act.
(2) As incorporated in this Act, for the words
“article of food” in every place they appear in the sections
aforesaid there shall be deemed to be substituted the word
“soap”.
14. In any case where soap has been seized and has
been certified by the Government Analyst as being of lesser
quality than that prescribed by this Act the authorised officer
shall give not less than twenty-one days notice to the
consignee, owner, manufacturer or other person from whose
possession it was taken of his intention to cause such soap to
be destroyed.
15. (1) Any person upon whom a notice of intention to
destroy soap has been served or who claims any right, title or
interest in such soap or any part thereof may appeal in
writing to the Minister for such relief as he desires and shall
serve a copy of his appeal upon the authorised officer at any
time before the soap has been destroyed.
(2) Upon receipt of a copy of appeal made under
this section the authorised officer shall refrain from
destroying the soap which is the subject of the appeal until he
receives the Minister’s directions and he shall thereupon
comply with the said directions.
(3) The Minister may give such directions in any
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Power to
restrict or
prohibit
importation of
soap.
Operation of
Section 95 of
Cap. 145
1953 Ed.
s. 5(5)
appeal as he may deem just and his decision shall be final.
16. The Minister may by order restrict or prohibit the
importation of soap or of soap of any specified kind or variety
or of any soap not being of a specified kind or variety.
17. Nothing in this Act contained shall be construed as
affecting the operation of section 95 of the Public Health
Ordinance.
___________________
SCHEDULE
No........... LICENCE TO MANUFACTURE SOAP
THE SOAP ACT
....................................................................................................(a) of
....................................................................................................(b) is
hereby authorised to manufacture soap in the factory situate
at................................................ (c).
This licence will expire on the 31st day of December 20.....
(Signed)......................................................
District Commissioner
Fee:
(a) Insert name of licensee;
(b) Insert business address of licensee.
(c) Insert address of factory describing which part of the building if
necessary.