AGRICULTURAL MARKETlNG 1

THE AGRICULTURAL MARKETING ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Power to specify articles of agricultural produce.
4. Power to make regulations for registration of producers of

5. Power to declare association an approved association.
6. Association may submit a marketing plan for specified articles.
7. Plan to be advertised.
8. Plan to be referred to a Committee. of Enquiry.
9. Committee of Enquiry to have power of Commission of Enquiry.

specified articles.

10. Committee of Enquiry to report to Minister.
11. Powers of Minister in relation to reprt .
12. Procedure after taking a poll.
13. Procedure on laying of plan before Parliament.
14. Effect of adoption of plan.
15. Saving for existing contracts.
16. Order of Minister to amend, revoke or give dinaions concerning

17. [Repealed by Act 1 of 1991.1
Plan.

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AGRICULTURAL MARKETING 3

THE AGRICULTURAL MARKETING ACT aP. 6.
A&
3 of 1978.
1 of 199t

V6rh November, 1944.1

1. This Act may be cited as the Agricultural Marketing shorttitle.
Act.

2. In this Act- Interprets-
“agricultural produce” includes the produce of any plant tion.

or animal in its natural state;

“approved association” means any association declared by
the Minister in accordance with the provisions of
section 5 to be an approved association;

“association” means any statutory corporation or company
incorporated under any enactment for the time being in
force in Jamaica, or any industrial and provident society
registered under any such enactment;

“Committee of Enquiry“ means any Committee of Enquiry
appointed by the Minister in accordance with the
provisions of section 8;

“Committee of Investigation” means any Committee of
Investigation constituted by the Minister in accord-
ance with the provisions of section 16;

“governing body” means the Board of Directors, Executive
Committee, Committee of Management, or other body
by whatever name called having power to conduct the
&airs of any association;

“plan” means any marketing plan submitted by any
approved association;

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4 AGRICULTURAL MARKETING

Power to
specify
articles of
apriculhlral
produce.

Pnwrr LLI
makr: regu-
lations for
rcistralion
of”produ-
ctrs of
specificd
articles.

“producer” means the grower, breeder or rearer of any
article of agricultural produce or any person who has
the right to dispose of such article, such right having
been acquired otherwise than by purchase of the
article;

“registered producer” means any producer registered
under this Act;

“specified article” means any article declared by the
Minister in accordance with the provisions of section
3 to be a specified article.

3.41) Subject to the provisions of subsection (2), the
Minister may declare any article of agricultural produce to
be a specified article for the purposes of this Act.

(2) No article of agricultural produce shall be
declared to be a specified article under subsection (1) at
any time when the marketing thereof is under the control
of or is vested in any statutory authority appointed or
elected under any enactment, in force on the 16th November,
1944 in relation to the marketing of such article.

4.-(1) The Minister may make regulations for the
registration of the producers of any specified article or of
any class of such producers and for all matters incidental
thereto.

(2) Regulations made under subsection (1) may, with-
out prejudice to the generality of such power, make provi-
sion with regard to-

(U) the form in which and the person or authority by
whom the register is to be kept;

(6) the form in which and the time within which
application is to be made for registration;

(c) the information to be supplied by any applicant
for registration as to-
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AGRICULTURAL MARKETING 5

(i) the quantity of the specified article produced
by him during any prescribed period; and

(ii) the price for which he sold such specified
article during any prescribed period; and

(iii) the channels through which he sold such
specified article during any prescribed
period; and

(iv) any other matter which the Minister may
think necessary;

(d) the date on which the register shall first come into
force;

(e) the amendment of the register by the deletion
therefrom of the names of persons who have ceased
to be producers or by the addition of the names
of persons who desire to be registered as producers,
and the rectification of the particulars in the
register relating to any registered producer or to
any of the matters referred to in paragraph ( E ) ;

(f, the making by any registered producer of such
returns in relation to any of the matters referred
to in paragraph (c) at such time and in such form
and to such authority as may be prescribed.

(3) Every person who is required by any regulations
made under this section to be registered as a producer of
any specified article and who, without being so registered,
sells or offers for sale any quantity of such article after
the date upon which the register comes into force, shall
be guilty of an offence against this subsection and, upon
summary conviction thereof before a Resident Magistrate,
shall be liable to a fine not exceeding two hundred dollars
or to be imprisoned for any term not exceeding twelve
months or to both such fine and imprisonment.

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6 AGRICULTURAL MARKETING

(4) Every person who wilfully makes any statement
which he knows to be false or does not believe to be true-

(a) in any application for registration under any
regulations made in pursuance of the powers
conferred by this section; or

(6) in any return which he is required to make under
such regulations,

shall be guilty of an offence against this subsection and,
upon summary conviction thereof before a Resident
Magistrate, shall be liable to a fine not exceeding one
hundred dollars or to be imprisoned for any term not
exceeding six months or to both such 6ne and imprison-
ment.

Power to 5.-(1) Subject to the provisions of subsection (21, the
Minister may on the application of any association declare
such association to be an approved association in relation
to any specified article or class of specified articles of
agricultural produce.

(2) No association shall be declared to be an approved
association unless the Minister is satisfied-

(a) that it has as one of its principal objects the
furtherance of the interests of the producers of
agricultural produce in general or of the specified
article or class of specified articles of agricultural
produce in relation to which the application is
made; and

(6) that a substantial proportion of its members are
producers or are engaged in the production of
agricultural produce in general or of such specified
article or class of specified articles of agricultural
produce; and

(c) that its constitution is such as to ensure that all of
its members have a right to participate directly or

dedare

an approved
association.

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AGRICULTURAL MARKETlNG

indirectly in the election or appointment of the
governing body of the association; and

(6) that its constitution is such as to ensure that the
term of office of any member of its governing body
does not exceed three years; so, however, that any
member of the governing body may be eligible
upon the expiration of any term of office to be
re-elected for a further term of office.

6.--(1) Subject to the provisions of subsection (21, any ~ ~ ~ i ~ t i ~ ~
approved association may submit to the Minister a plan amrketing
for the marketing of any specified article of agricultural zEikd

may submit

produce. artida.

(2) Every marketing plan shall make provision for First

(3) Every marketing plan may, in addition to
containing provision for the matters set out in the First
Schedule, contain also provision for any of the matters set Ssmnd
out in the Second Schedule.

the matters set out in the First Schedule. Schedule.

Schedule.

7.41) Where any marketing plan is submitted to the piantobe
Minister under subsection (1) of section 6, the Minister shall
cause the plan to be advertised in at least six issues of a
newspaper at intervals of not less than one week.

(2) Where any plan is advertised in accordance with
the provisions of subsection (l), there shall be inserted in
the same issue of the newspaper in which the advertise-
ment appears a notice that any person who objects to the
adoption of the plan may give notice in writing of his
objection and of the grounds upon which he relies in support
thereof to such authority as may be specified in the notice
on or before such day as may be so specified.

(3) Every notice of objection to any plan shall be in
such form as the Minister may prescribe.

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N

8

Plan lo be
referred to
aCommit-
tee of
Enquiry.

Committee
of Euquiry
to have
power of
Cornmis-
sion of
Enquiry.

Cammillcc
of Enquiry
to reporr I 0
Minisrer.

AGRICULTURAL MARKETING

8 . 4 1 ) So soon after the day referred to in subsection
(2) of section 7 as may be convenient, the Minister shall
appoint a Committee of Enquiry consisting of a Chairman
and not less than two nor more than four other members
to consider and to enquire into the plan and any objections
thereto and to report to the Minister.

(2) Every Committee of Enquiry appointed under
this section shall include among its members at least one
producer of the specified article to which the plan relates
and at least one person who is experienced in the marketing
of such article.

9.-(1) Every Committee of Enquiry shall for all
purposes be deemed to be, and shall have all the powers of,
a Commission of Enquiry appointed under the Commissions
of Enquiry Act.

12) Every Committee of Enquiry shall afford to the
approved association by which the plan was submitted and
every objector to the plan an opportunity of being heard
and of tendering evidence in support of the plan or of his
objection, as the case may be.

lO.-(i) So soon as may be after any Committee of
Enquiry has concluded its enquiry into any plan, it shall
report to the Minister.

(2) Every report under subsection (1) shall state
whether the Committee of Enquiry considers that the
adoption of the plan-

(a) would be in the interest of the producers of the
specified article; and

( b ) would be likely to prejudice the interests of any
class of producers of the specified article; and

(c) would be likely to prejudice to an appreciable
extent the interests of the consumers or any class
of consumers of the specified article.

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AGRICULTURAL MARKETING

(3) Every report under subsection (1) may also
contain any recommendations by the Committee of Enquiry
as to any respects in which the plan might with advantage
be amended, together with the reasons in support of such
recommendations.

9

11.-(1) Subject to the provisions of subsection (2), upon Powers of
receipt of any report under subsection (1) of section 10 relationto
the Minister shall consider such report and shall either-

hiinistcr in

(a) approve the plan; or

( b ) approve the plan subject to such modifications as
he may think fit, whether recommended by the
Committee of Enquiry or not; or

(c) reject the plan.

(2) Where the Minister approves any plan under
subsection (11, the Minister shall cause a poll to be taken
of all the registered producers of the specified article with
a view to ascertaining whether such producers are or are
not in favour of the adoption of the plan.

(3) Any poll under this section shall be taken by
such persons and in such manner as the Minister may
direct.

(4) Where the Minister approves of any plan
subject to any modifications whether recornmended by the
Committee of Enquiry or not, the plan together with such
modifications shall be referred to the approved association
which may either accept or reject the modifications.

(5) Where the approved association accepts any
plan subject to the modifications approved by the Minister,
the Minister shall cause the plan as modified to be advertised
in two issues of a newspaper at an interval of not less than
one week and thereafter the provisions of subsection (2)

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10 AGRICULTURAL MARKETING

shall apply as they apply to a plan which is approved by
the Minister without modification.

(6) Where the approved association does not accept
any modification referred to it under subsection (4), the
plan shall for all purposes be deemed to be rejected.

Procedure

a poll.
12.-(1) Where upon a poll being taken in accordance

with any directions under subsection (3) of section 11, the
Minister is satisfied that-

(a) not less than two-thirds in number of the
registered producers of the specified article or
class of article voting on the poll; and

(b) registered producers who are capable of producing
not less than two-thirds of the quantity of the
specified article or class of article which all the
registered producers voting on the poll are capable
of producing

are in favour of the adoption of the plan, the Minister
shall cause the plan to be laid before the Senate and House
of Representatives.

(2) Where upon a poll being taken in accordance
with any directions under subsection (3) of section 11, the
Minister is not satisfied that-

(a) not less than two-thirds in number of the
registered producers of the specified article or
class of article voting on the poll; or

(b) registered producers who are capable of producing
not less than two-thirds of the quantity of the
specified article or class of article which all the
registered producers voting on the poll are capable
of producing

are in favour of the adoption of the plan, the plan shall be
deemed to be rejected.

after taking

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AGRICULTURAL MARKETING 11

13.41) Where any marketing plan is laid before the Procedure
on laying Senate and the House of Representatives in accordance o f ~ m
before with the provisions of subsection (1) of section 12, it shall Parliament.

be accompanied by the report of the Committee of Enquiry
appointed under section 8 and any objections to the plan
and all documents relating thereto.

(2) The Senate and the House of Representatives
may by resolution of either Chamber, if confirmed by
resolution of the other Chamber, adopt any marketing plan
laid before them in accordance with the provisions of
subsection (I) of section 12 with effect from a date specified
in such resolutions..

1441) Where the Senate and the House of Represen- EffEiof
tatives adopt any marketing plan in accordance with the ofplan.
provisions of subsection (2) of section 13, the provisions of
the plan shall be deemed to form part of this Act with
effect from the date specified in the resolution of the Senate
and of the House of Representatives.

(2) Where any plan is deemed in accordance with
the provisions of subsection (1) to form part of this Act,
subject to the provisions of section 15 no producer shall
sell, and no person shall purchase, any quantity of the
specified article to which the plan relates except-

adoption

(U) in accordance with the provisions of the plan; or
(b) in circumstances which are exempted from the

operation of the plan by some provision thereof.
(3) Every person who contravenes or fails to comply

with the provisions of this section shall, on summary
conviction before a Resident Magistrate, be liable to a fine
not exceeding two hundred dollars or to be imprisoned for
any term not exceeding twelve months, or on conviction
before a Circuit Court to a fine not exceeding two
thousand dollars or to be imprisoned for any term not
exceeding two years, or to both such fine and imprisonment.

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12 AGRICULTURAL MARKETING

Saving for lS.-(l) Subject to the provisions of subsection (21, a
contract of which neither the making nor the performance
was, at the time when the contract was made, prohibited
by or under any plan in force under this Act, shall not,
unless the terms of the contract otherwise provide, be void
or unenforceable by reason that, at the time for the
performance of any provision of the contract, the
performance thereof is so prohibited.

(2) (a) Where the performance of any such
contract made during the relevant period is prohibited by
or under any such plan, the provisions of subsection (I)
shall cease to apply to that contract upon the expiration of
three months after the prohibition first takes effect unless
the contract is registered under this section.

(b) In this subsection the expression “the
relevant period” in relation to a plan, means a period
beginning twelve months before the first publication of an
advertisement in relation to the plan in accordance with
the provisions of section 7 and ending on the day that the
plan is approved by the Minister in accordance with the
provisions of section 11.

(3) The association shall, on the application of any
party to a contract, register the contract within fourteen
days of the application unless the association is of opinion
that the contract was made with a view to evading the plan.

(4) Where any party to a contract is aggrieved by
the failure or refusal of the association to register the
contract, he may within twenty-one days of the expiration
of the period referred to in subsection (3), appeal to the
Court, and pending the determination of any such appeal,
subsection (1) shall continue to apply to the contract,
notwithstanding anything to the contrary in subsection (2).

(5 ) On any appeal under this section, the association
concerned and any party to the contract may appear and
be heard, and if, on the hearing of any such appeal, the

existing

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AGRICULTURAL MARKETING 13

contract is found by the Court not to have been made with
a view to evading the operation of the plan, the Court shall
by order direct the registration thereof, and thereupon the
contract shall be deemed to have been registered as from the
date of the order; but where the Court does not direct the
registration of a contract, any party to the contract certified
by the Court to have entered into the contract bona fde
without a view to the evasion of the operation of the plan
may recover the amount of any damage suffered by him by
reason of the avoidance of the contract from any party
certified by the Court to have entered into the contract with
a view to such evasion as aforesaid.

(6) For the purposes of this section the expression
“the Court” means a Judge of the Supreme Court sitting in
Chambers.

(7) No person shall be liable to any penalty in respect
of a contravention of any plan in force under this Act,
if he proves that the contravention was necessary for the
performance of a contract which, by reason of the fore-
going provisions of this section, was not, at the time of
the contravention, void or unenforceable.

16 .41) Where after the adoption of a plan in accord- orderof
Minister to

wke or
give d i r e
tioos con-

plan.

ance with the provisions of section 13, the Minister thinks it mend, re-
expedient so to do, he may make an order-

(a) amending the plan in such respects as he thinks fit; cerning
or 111991 -,....s. 2.

( b ) requiring the association to take such steps to
rectify any matter specified in the order in relation
to which the Minister thinks that the plan has
probed defective or ib not being properly operated;
or;

(c) revoking the plan.
-~

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14 AGRICULTURAL MARKETING

(2) Where the association fails to coinplv with any
order made under paragraph (b) of subsection (1) within
the time specified in such order, the Minister may forthwith
make any amendment to the plan which may be necessary
to ensure compliance with the order or may revoke the plan.

17. [Repealed by Act I of 1992.1

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AGRICULTURAL MARKETIA'G 1s

FIRST SCHEDULE (Section 6 )

(0) for making the plan applicable to all of the articles of agricul-
tural produce or any kind. variety or grade thereof specified in
the plan which may be produced by every registered producer:

( b ) for keeping of the register of producers;
(c) for specifying the classes or description of producers which

shall be exempted from registration and the procedure for
securing such exemption;

(d) for specirying the circumstances in which the sale or purchase
of the specified articIe shall be exempt from the provisions of
the plan;

(e) for requiring registered producers to furnish to the association
such estimates, returns. accounts and other information relat-
ing to the specified article of agricultural produce as the asso-
ciation may consider necessary for the operation of the plan;

U) for securing that any producer who is aggrieved by any act
or omission of the association may refer the matter to one or
more arbitrators appointed in such manner as may be provided
by the plan and for the manner in which any such reference
is to be heard and determined;

0.) for regulating the manner in which the moneys of the associa-
tion may be invested;

(h) for the furnishing by the association to registered producers
of returns and other information, including an annual balance
sheet and either an annual profit and loss account or, in the
case of an association which does not trade for profit, an
annual income and expenditure account;

( i) for the furnishing by the association to the Minister within
six mwtbs after the expiration of each year of operation
which year of operation shall be defined in the plan, of a report
for the year upon the administration of the affairs of the asso-
ciation together with a balance sheet and statement of the
revenue and expenditure of the association duly audited by
an auditor approved by the Minister:

(i) for enabling the association to submit an amendment of tbe
plan and for prescribing the procedure to be followed in order
to give effect to such amendment;

( k ) for the revocation of the plan by the submission of a sub-
sequent plan.

Every marketing plan shall provide for the following matters-

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~~~ I _ _ ~ ~ ~~~~

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16 AGRICULTURAL MARKETING

SECOND SCHEDULE ( m m 6)
Every marketing plan may provide for all or any of the following

matters-

(a) for empowering the association to buy the specified article, to
produce such commodities from that product as may be
speci6ed in the plan, and to sell, grade, pack, store, adapt
for sale, insure, advertise and transport the specified article
and any commodity so produced by the association;

( 6 ) for requiring registered producers to sell the specified article
or any kind, variety or grade thereof, or such quantity thereof
or of any kind, variety or grade thereof as may from time to
time be determined by the association, only to, or through
the agency of, the association;

(c) for empowering the association to buy, and sell or let for hire
to registered producers, anything required for the production,
adaptation for sale, or sale of the s p i 6 e d article;

(d) for empowering the association to co-operate with any other
person in doing anything which the association is or might be
empowered to do by virtue of paragraph (a) or paragraph (c):

( e ) for empowering the association to regulate. sales of the speci-
6ed article by any registered producer by determining for
such period as may be fixed by the association on the occa-
sion of each determination-

(i) the kind, variety or grade of the product which may be
sold:

(ii) the price at, below or above which. the terms on which,
and the persons to, or through the agency of, whom,
the product or any kind, variety, grade or quantity
thereof may be sold;

(f) for regulating the manner in which the spefisad article or any
kind, variety or quantity thereof is to be. graded by 01 on
behalf of registered producers or the manner in which the
specified article or any kind, variety, grade or quantity thereof
is to be marked, packed, stored, adapted for sale, insured.
advertised or transported by or on behalf of registered
producers;

(g) for empowering any person authorized in writing by the asso-
ciation, for the purpose of securing compliance with the plan,
to enter and inspect, at any reasonable time and on produc- -~

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AGRICULTURAL MARKETING

tion of his authority. any pan of the land or premises occn-
pied by any registered producer (being a producer spzcitied
in the authority) which the person so authorized has reason
to believe is used for producing the specified article or for
doing any of the following things which is regulated by the
plan, that is to say, grading, marking, packing or storing the
speci6ed article or adapting it for sale;

(h) for enabling the association to encourage agricultural co-
operation, research and education;

(13 for empowering the association to borrow money for the
purpose of exercising its functions under the plan;

cj) for empowering the association to accept grants of money
from any source, and regulating the manner in which and the
objezts upon which such grants may be expended;

( k ) for empowering the association to lend to any registered pro-
ducer a portion of the amount, which the association estimates
that he will receive from the sale of any quantity of the speci-
fied article produced or in course of production by him:

(0 for guaranteeing the payment of any sums secured by an
agricultural charge created by a registered producer;

(m) for all such matters as are incidental to or consequential on the
provisions of this Act relating to the contents of plans or are
neccesaary for giving effect to those provisions.

17

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