Agricultural Produce Act

Link to law: http://www.moj.gov.jm/laws/agricultural-produce-act-0

AGRlCULTURAL PRODUCE

THE AGRICULTURAL PRODUCE ACT

1

RBGULATXONS
(under section 23)

The Agricultural Produce (Trade Marks) Regulations, 1927 O.N. 53412’1
535121

The Agricultural Produce (Wax and Honey) Regulations, 1928 O . N . ~ I B
591134

L.N. 2311 58

The Agricultural Produce (Condemned Produce) Regulations. 1933 O.N. 874133

The Agricultural Produce (Coffee) Regulations, 1941 L.N. 66/41
2142
70143
QdlM - .. -.
36/53

The Agricultural Produce (Tomatoes) Regulations, 1948 L.N. 9/48

The Citrus Fruit (Protection) Regulations, 1948 L.N. 61/46

The Agricultural Produce (Cocoa) Regulations, 1950 L.N. WlSO

The Agricultural Produce (Notice of Intention
1953

Export) Regulations, L.N. 33/53

The Agricultural produce (Banana) Regulations, 1969 L.N. 243 69
153173

The Agricultural Produce (Vegetables, Fruit and Ground Provisions) L.N. r186,69
3oll72 (Export) Regulations, 1969 ‘ 368Ill

The Agricultural produce (Ginger) Regulations. 1979 L.N. 5lv/l9

The Agricultural Produce (Pimento) Regulations, 1988 L.N. 91&/88

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AGRICULTURAL PRODUCE

THE AGRICULTURAL PRODUCE ACT

3

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (TRADE MARKS) REGULATIONS, 1927

on the 19th day of July, 1927)
(Amalgamated Regulations made by the Governor in Privy Council G-N.$J:

1. These Regulations may be cited as the Agricultural Produce
(Trade Marks) Regulations, 1927.

2. Any person-
(1) packing any kind of the following articles of agricultural

produce, namely-
coffee, pimento, ginger, cacao, oranges, shaddocks. grape-fruit,
lemons, limes, pineapples, mangoes, kola or bissie. annatto.
nutmegs. orange oil; and

(2) exporting any of the above-mentioned articles of agricul-
tural produce for the purposes of trade,

shall respectively register for the purposes of the Agricultural Produce
Act, one trade mark under the provisions of any enactment for the time
being in force relating to trade marks, and shall mark every package
or bag or container of any such produce packed or exported by him
with a representation of such trade mark in a plain and conspicuous
manner with the words “Registered Trade Mark” immediately above
the same.

3. The exportation of any such produce not so marked is prohibited.

4. The following fees shall be payable in respect of the trade marks
to be placed on packages of produce exported in lieu of any fees
for such purpose heretofore made payable under the Trade Marks
Law.

On application to register a trade mark for one or more of the
articles mentioned in the Third and Fourth Schedules of the
Act (save and except bananas) ... ... 25 cents

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4 T H E AGRICULTURAL PRODUCE (TRADE MARKS) REGULATIONS, 1927

For registration of a trade mark for one or more of the articles
mentioned in the Third and Fourth Schedules of the Act
(save and except bananas) ... ... 50 cents

On application to register a subsequent proprietor in cases of
assignment or transmission of one or more marks-

For one mark ... ... ... 50 cents
For each additional mark ... ... 20 cents

For renewal of registration of mark at expiration of last registra-
tion ... ... 50 cents

Additional fee under rule 67 of the Trade Marks Rules, 1958
... ... 25 cents

Additional fee under rule 68 of the Trade Marks Rules, 1958
... ... ... ... ... 50 cents.

... ...

... ... ...

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AGRICULTURAL PRODUCE 5

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (WAX AND HONEY) REGULATIONS, 1928

(Made by the Governor in Privy Council on the 31st day of July, 1928) G.N. 592128
Amd :
G.N. 591134
L.N. 237158

1. These Regulations may be cited as the Agricultural Produce (Wax
and Honey) Regulations, 1928.

2. No person shall place honey for export or otherwise, in any
but sound, clean containers, free from foreign matter or residue of
any article previously contained therein.

3. (U) No person shall purchase, sell or offer for sale honey which
has not been subsided or strained, or which contains impurities, scum,
or foreign matter of any kind.

(b) No person shall export or attempt to export honey which
has not been subsided or which contains impurities, scum, or foreign
matter of any kind.

4. No person shall export, or attempt to export, or put up for export,
honey in containers of any kind, unless such containers shall be marked
legibly and clearly, and to the satisfaction of an Inspector of Produce,
or a Customs officer, with the words “JAMAICA HONEY”, and the
export of such honey shall be stopped by an Inspector of Produce or
a Customs officer, unless the same shall be so marked.

5. No person shall offer for sale, purchase, export, or attempt to
export wax which has been adulterated in any way.

6. An Inspector of Produce may, for the purpose of examination
order the breaking open of any block of wax by the person in whose
possession such wax may be at the time of inspection.

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6 THE AGRICULTURAL PRODUCE (WAX AND HONEY) REGULATIONS,
I928

7. Any person who shall commit a breach of any of these Regula-
tions shall be liable on summary conviction before a Resident
Magistrate to a penalty not exceeding forty dollars, and in
default of payment, to imprisonment for a period not exceeding one
month. On the offender’s third conviction he shall be liable to the
foregoing penalties and in addition, his licence shall be suspended
for not less than twelve months.

8. A copy of these Regulations shall be posted in a conspicuous
place in every produce depot dealing in honey or wax.

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AGRICULTURAL PRODUCE 7

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (CONDEMNED PRODUCE) REGULATIONS,
1933

(Made by the Governor in Privy Council on the 4th day of
December, 1933)

G . N . W ~ I U

1. These Regulations may be cited as the Agricultural Produce
(Condemned Produce) Regulations. 1933.

2. No person shall export or attempt to export agricultural produce
which has been condemned by an Inspector of Agricultural Produce
as being unfit for export but such produce, when the destruction thereof
has not been ordered by such Inspector, may be purchased by any
person for use within the Island, provided such person shall at the
time of the purchase give to the vendor an undertaking in writing
that he (the purchaser) will not export or attempt to export such
produce and a copy of such undertaking shall forthwith be sent by
the vendor to the Inspector of Agricultural Produce for the district
in which the sale takes place.

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AGRICULTURAL PRODUCE 9

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (COFFEE) REGULATIONS, 1941
(Made by the Governor in Privy Council on the 3rd day of L.N. 66/41

Amd: October, 1941) L.N. 2/42
70143
94/44
36/53 1. These Regulations may be cited as the Agricultural Produce

2. No person shall sell or pufthase cherry coffee containing berries

3. No person shall sell or purchase coffee containing black beans,

4. No person shall sell or purchase coffee dried in the whole shell

5. No person shall sell or purchase coffee which has been dried on

(Coffee) Regulations, 1941.

that are entirely green in colour.

stones, Itrash or other foreign matter.

or double husk.

the ground.

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AGRICULTURAL PRODUCE

THE AGRICULTURAL PRODUCE ACT

11

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (TOMATOES) REGULATIONS, 1948

(Made by the Governor in Executive Council on !he 13th day of
January, 1948)

L.N. 9/48

1. These Regulations may be cited as the Agricultural produce
(Tomatoes) Regulations, 1948.

2.41) Every tomato shall be reaped at a stage of maturity not
being less than that known as “full green” and each tomato shall
forthwith be placed into a padded basket or hamper of rigid construc-
tion or in a field box of a type approved by an Inspector of Produce.

(2) Every reaped tomato shall at all times be adequately
protected from sun and rain and shall not be permitted to come into
contact with the ground.

3. No person shall-
(a) export or offer for export; or
(b) sell or offer to sell for export; or
(c) purchase or offer to purchase for export,

any tomatoes which are unmarketable fruit within the meaning of
section 2 of the Act.

4 4 1 ) No person shall convey tomatoes in a vehicle otherwise than
in a box the inside surfaces of which are smooth and the depth of
which shall not exceed ten inches.

(2) Every such box shall be so packed in a vehicle as to prevent
injury to the tomatoes.

(3) Tomatoes conveyed otherwise than in a vehicle shall be
conveyed in hampers or baskets of rigid construction so lined or
padded as to prevent injury to the tomatoes.

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12 THE AGRICULTURAL PRODUCE (TOMATOES) REGULATIONS, 1948

5. No person shall-
(a) stand, sit or lie upon tomatoes or upon any container having

tomatoes therein;
(b) place any article upon tomatoes or upon any container having

tomatoes therein;
(c) transport or convey any person or thing upon tomatoes or

upon any container whether or not such container has fruit
therein;

(d) convey tomatoes intended for export or processing in such
a manner that the tomatoes are exposed to sun or rain.

6. No reaped tomatoes shall be sold or purchased or offered for
sale or purchase except-

(a) by actual weight; or
(b) such measure as may be approved by the Chief Inspector

of Produce.

7. Every packing house for tomatoes shall be of such size and
construction as in the opinion of the Chief Inspector of Produce
is adequate for the receival, processing, packing and storing of the
quantity of tomatoes to be handled in such packing house and shall
be equipped with such machinery and equipment for selecting, sizing,
grading and packing the tomatoes as the Chief Inspecor of Produce
may in his discretion require.

8. Every receiving depot for tomatoes shall be of such size and
construction as in the opinion of an Inspector of Produce is adequate
for storing the quantity of tomatoes to be handled in such receiving
depot.

9.41) Tomatoes shall be stored in a packing house or receiving
depot either in boxes having smooth inside surfaces and rounded edges
or on padded shelves or padded floors and in either case such tomatoes
shall be stored in a manner approved of by an Inspector of Produce:
Provided that no tomatoes shall be stored on a padded shelf or floor
to a greater depth than twelve inches.

(2) An Inspector of Produce may at any time direct that the
total quantity of tomatoes in a packing house or receiving depot shall
not exceed one cubic foot per half square foot of available floor space.

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THE AGRICULTURAL PRODUCE (TOMATOES) REGULATZONS, I948 13

lO.-(l) No person shall export or attempt to export or pack for
the purpose of exporting tomatoes unless such tomatoes are of one
or other of the following grades, that is to say-

(a) Fancy;
(b) Grade I;
(c) Grade II.

(2) Every tomato shall be tightly wrapped in paper the quality
of which and the type of printing upon which shall have been approved
by the Chief Inspector of Produce.

(3) Every container containing tomatoes for export shall bear
a label of a type approved by the Chief Inspector of Produce and
such label shall bear on it the name or trade mark of the exporter.
Every such label shall be made of paper of durable quality.

(4) Every container shall be labelled and stamped or stencilled
at one end thereof in such a manner as clearly to indicate the pack
and grade of the tomatoes therein.
The pack shall be indicated by the number of rows in the top
layer-e.g., 5x5. The tomatoes in each container shall be uniform in
size and shall be tightly packed and the guaranteed minimum net
weight of such tomatoes shall be clearly indicated on each container.

(5) The approval of the Chief Inspector of Produce in respect
of containers, paper and labels shall be in writing and extend only
for the period of one tomato season. Not less than thirty days before
the commencement of each tomato season every exporter shall submit
to the Chief Inspector of Produce for approval a sample of each type
of container and of the paper and labels he proposes to use and
such samples shall be retained by the Chief Inspector of Produce for
purposes of record.

11.41) “Fancy” grade tomatoes shall be tomatoes which are of
similar varietal characteristics and which are-

(a) mature but full green;
(b) well developed, well formed, lirm, smooth;
(c) free from decay, field bruises, growth cracks, insect marks,

nailhead spots, flat side, or any other defect:
Provided, however, that in order to allow for variations incident

to the grading and handling of such tomatoes not more than five
per cent by count of such tomatoes may fail to meet the requirements

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14 THE AGRICULTURAL PRODUCE (TOMATOES) REGULATIONS, 1948

specified in this paragraph, so, however, that not more than two and
one-half per cent shall have defects causing damage to the tomato.

(2) “Grade I” tomatoes shall be tomatoes which are of similar
varietal characteristics and which are-

(U) mature but full green;
(b) well developed, hirly well formed, fairly smooth;
(c) free from decay and from damage caused by dirt, bruises,

cuts; sunscald, sunburn, pufbess, cat face, growth cracks,
scars, disease, insects or by any other means:

Provided, however, that in order to allow for variations incident
to the grading and handling of such tomatoes not more than six
and two-thirds per cent by count of such tomatoes may fail to meet
the requirements of this paragraph, so, however, that not more than
four per cent shall have defects causing serious damage to the tomato.

(3) “Grade II” tomatoes shall consist of tomatoes of similar
varietal characteristics and which are-

(U) mature but full green;
(b) not badly misshapen and free from decay and unhealed

cuts; and
(c) free from serious damage caused by dirt, bruises, sunscald,

sunburn, pufhess, cat fa=, growth cracks, scars, disease,
insects or by any other means:

Provided, however, that in order to allow for variations incident
to the grading and handling of such tomatoes not more than ten per
cent by count of such tomatoes may fail to meet the requirements
of this paragraph.

12 Notwithstanding the provisions of regulation 11-

(U) where tomatoes are exported by sea and are kept under
refrigeration during transport not more than thirty per cent
of such tomatoes may at the time of export be firm pink
tomatoes;

(b) where tomatoes arc exported by air and such tomatoes are
scheduled to reach their destination within forty-eight hours
of departure then such tomatoes may be firm pink ripe
tomatoes.

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THE AGRICULTURAL PRODUCE (TOMATOES) REGULATIONS, 1948 15

13. Tomatoes for export shall be packed in new containers of a
type approved in writing by the Chief Inspector of Produce and such
containers shall be of suflicient strength and firmness to protect the
tomatoes in transit and the cleats and boards of such containers shall
be rounded at the edges.

14.41) No person shall export any tomatoes without a permit in
writing from the Chief Inspector of Produce.

(2) Every person intending to export tomatoes shall give to
the Chief Inspector of Produce and to the Inspector of Produce for
the district in which such fruit will be packed, at least h e clear
days’ notice in writing of his intention to make any such shipment
and such notice shall specify the wharf or airport from which such
tomatoes will be shipped.

15. The owner, occupier or person in charge of any premises used
for the storage or packing of tomatoes shall keep such premises and
all equipment therein in a clean and sanitary condition to the satisfac-
tion of an Inspector of Produce.

16. Where any packing house does not conform to the requirements
of these Regulations an Inspector of Produce may order-

(U) the cessation of the packing of any tomatoes therein;
(b) the removal of any tomatoes therein; and
(c) the closing of such packing house;

and where any such order has been made no tomatoes shall be received
or packed in such packing house until such repairs or alterations as
may be necessary have been carried out to the satisfaction of the
Inspector of Produce.

1 7 4 1 ) No person shall export or attempt to export or pack for
export tomatoes which have been condemned by an Inspector of
Produce as unfit for export.

(2) No person shall sell to any person for use within the Island
any such condemned tomatoes unless at the time of such sale such
person obtains from the purchaser an undertaking in writing not to
export or attempt to export such condemned tomatoes.

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16 THE A GRICULT URA L PRODUCE (TOMATOES) REG ULA TIONS. I948

(3) The vendor shall forthwith transmit a copy of such under-
taking to the Inspector of Produce for the district in which the sale
was effected.

18. The owner of every packing house for tomatoes shall ensure
that a copy of these Regulations shall at all times be kept exhibited
in a conspicuous place in every packing house for tomatoes.

19. Every person who acts in contravention of or fails to comply
with any of these Regulations shall be guilty of an offence and shall
upon summary conviction before a Resident Magistrate be liable to
a fine of fifty dollars or to imprisonment for any term not exceeding
three months or to both such fine and such imprisonment.

b

J

20. The provisions of these Regulations shall not apply to any
tomatoes other than tomatoes sold or intended to be sold for export
or intended to be exported.

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AGRICULTURAL PRODUCE

THE AGRICULTURAL PRODUCE ACT

13

REGULATIONS
(under section 23)

THE CITRUS FRUIT (PROTECTION) REGULATIONS, 1948

(Made by the Governor in Executive Council on the 27th day of
August, 1948)

L.N. 61/48

1. These Regulations may be cited as the Citrus Fruit (Protection)
Regulations, 1948.

2. In these Regulations-
“citrus fruit” and “fruit” include oranges, grapefruit, shad-

docks, lemons, limes, tangerines, Ugli fruit, Ortaniques;
‘‘a season” means a period commencing on the 1st day of

July of one year and extending to the 30th day of June
of the following year;

“plucked” means reaped without clippers in such a manner
as not to damage the skin surrounding the seat of the
button of the fruit;

“hamper” means a type of basket specially constructed to be
conveyed by an animal on its back

Gathering of Fruit
3.-(1) Citrus fruit intended for export, processing or local trade

shall at no time during gathering come into direct contact with the
ground nor be exposed to sun or rain nor stored with any surface
moisture thereon but shall be placed directly into picking bags or
boxes or heaped on properly padded surfaces such padding to be
sacient and to be of such a natute as to prevent injury to the fruit:
Provided that no such fruit shall be placed into picking bags or boxes
or heaped on padded surfaces unless they have been properly stem
cut with approved clippers or properly plucked. Fruit in boxes or
heaps shall at no time be stored to a height exceeding thirteen inches.

(2) No citrus fruit intended for export as fresh fruit shall be
plucked.

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18 THE ClTRUS FRUIT (PROTECTION) REGULATIONS, 1948

(3) No citrus fruit intended for export as fresh fruit shall be
transported otherwise than in a vehicle except in boxes or properly
padded baskets of rigid construction and in no case shall fruit be
more than thirteen inches high in these containers.

The expression ‘‘padded baskets” referred to in this paragraph shall
not include hampers.

Quality of fruit for export

4. No person shall export, offer for export, or offer knowing the
same may be exported, or sell or offer to sell or purchase for expont.
unmarketable fruit as defined in the Act.

Conveyance of fruit

5 .41 ) Citrus fruit intended for export as fresh fruit being conveyed
in vehicles shall be placed in boxes having smooth inside surfaces
and which shall not be more than thirteen inches deep and shall be so
packed within the vehicle as to prevent injury to the fruit.

(2) Citrus fruit for processing may be conveyed loose in a
vehicle the type and construction of the body of which has been
approved by an Inspector of Produce and a certificate of approval
issued to the owner. Such body shall be constructed with solid sides
and floor, that is to say, not slatted, the inside surfaces of which shall
be smooth. It shall be the duty of the owner to maintain the body of
the vehicle in respect of which a certificate has been granted to the
satisfaction of an Inspector of Produce and to produce the certificate
when required so to do by any authorized person under the Act. Any
person who owns, operates, drives, or causes to be operated or driven,
for the purpose of transporting fruit a vehicle the body of which does
not comply with this regulation shall be guilty of an offence.

(3) The certificate referred to in paragraph (2) shall be in the
form set out in the Schedule and shall be renewed as from the 1st
day of July each year.

Protection of fruit

6. No person shall-
(a) stand, sit or lie upon cistrus fruit or upon boxes containing

such fruit;
(b) place any article upon such fruit or upon such boxes;
(c) transport or carry any person or anticle upon boxes containing

such fruit.

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THE CITRUS FRUIT (PROTECTION) REGULATIONS, 1948 19

Purchace of fruit

7. No person shall purchase or sell, or offer to sell or purchase for
the purpose of export, citrus fruit which has been gathered from the
tree except by-

(a) actual count, one by one;
(b) standard field box measurement or half seotion thereof;
(c) actual weight;
(d) kerosene tin for limes only.

Standard field box measurement shall mean a box of two divisions,
each division measuring internally, twelve inches wide, thirteen inches
deep and fifteen and one-half inches long. Such box shall be filled with
fruit level to the sides.

Packing House

8.41) Every packing house for citrus fruit shall be of such size and
construction as in the opinion of the Chief Inspector of Produce is
adequate for the receival, processing, packing and storing of the
quantity of citrus fruit to be handled in such packing house and shall
be equipped with such machinery and equipment as the Chief
Inspector of Produce may in his discretion require.

(2) Every receiving depot for citrus fruit shall be of such size
and construction as in the opinion of an Inspector of Produce is
adequate for storing the quantity of citrus fruit to be handled in such
receiving depot.

(3) Citrus fruit shall be stored in a receiving depot either in
boxes having smooth inside surfaces and rounded edges or on padded
shelves or padded floors and in either case such citrus fruit shall be
stored in a manner approved by an Inspector of Produce:

Provided that no citrus fruit shall be stored on a padded shelf
or floor to a greater height than eighteen inches.

(4) An Inspeotor of Produce may at any time determine the
total quantity of ci,trus fruit that may be stored in a packing house or
receiving depot.

(5) A packing house containing citrus fruit shall not be used
for the storing of goods other than those connected with the packing
of fruit.

(6) No citrus fruit shall be stored in packing houses except in
boxes as approved by an Inspector of Produce:

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20 THE CITRUS FRUIT (PROTECTION) REGULATIONS, 1948

Provided that citrus fruit for processing may be stored in slatted
bins the construction of which meets with the approval of an Inspector
of Produce.

Packing of Fruit

9.-(1) No person shall pack for export, or attempt to export any

(U) Such fruit shall be mature, fully coloured, (except in the case
of limes), free from decay, bruises, creasing, unsightly scars,
dryness, scale insects, dirt and sooty mould, and such fruit
except in the case of tangerines shall be treated, waxed and
polished in machines and by processes approved by the Chief
Inspector of Produce.

(b) Such fruit shall be tightly wrapped in paper the printing and
quality of which shall first be approved by the Chief Inspector
of Produce.

(c) Boxes cmtaining such fruit for export shall be labelled with
labels of a kind to be approved by the Chief Inspector of
Produce, and printed with the trade mark of the exporter.
Such labels shall be printed in colours and on paper of durable
qualimty.

(d) Boxes shall be stamped on both panel ends with the grade of
fruit as may be ordered by the Chief Inspector of Produce also
the number of fruit contained therein. The letters and numbers
shall be not less than one inch hi&

(e) Boxes shall be distinctly marked in order to show what fruit
they contain, and the variety and the number of such fruit.

U> The approval of the Chief Inspector of Produce of any paper,
labels and boxes for packing citrus fruit only covers lthe
operations of any exporter for the season succeeding such
approval.

Samples of such boxes, paper and labels shall be left with
the Chief Inspector of Produce for the purpses of record.

(2) Boxes of citrus fruit containing Extra Fancy fruit and Fancy
fruit (as hereinafter defined) of approved varieties shall consist of fruit
having ,the same varietal characteristics and shall be marked with labels
indicating the grade of the fruit and the words, “Produce of Jamaica,
West Indies”.

The approved varieties for the purposes of this regulation are-

citrus fruit which does not comply with the following conditions-

..

-
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THE CITRUS FRUIT (PROTECTION) REGULATIONS. 1948 21

Grapefruit-Marsh, Duncan, Foster, Triumph, Silver Cluster and
Walters.

Oranges-Valencia, Parson Brown and Washhgton Navel.

(3) Stencilling of individual fruit shall be adopted only in respect
of Extra Fancy and Fancy grades and these grades shall be preceded
by the word “Jamaica” but individual stencilling may also be used on
Choice and Standard grades.

(4) Citrus fruit for export with the exception of limes and
tangerines shall be graded in five grades, as follows-

Extra Fancy, Fancy, Choice. Standard and Russets

Extra Fancy shall be fruit of the same variety and shape which is
firm, fully coloured, thin skinned, of smooth exterior and entirely
free from all blemishes.

Fancy shall be fruit of the same variety, fully coloured and of a
similar shape, and shall be firm and approximately not more than
5 % marked.

Extra Fancy and Fancy shall be limited to the approved varieties
as described in paragraph (2).

Choice shall be fruit fully coloured and of similar shape and shall be
firm and approximately not more than 15% marked.

Standard shall be fruit of uniform shape and fully coloured and
approximately not more than 30% marked.

Russet shall be fruit that is firm and uniform in respect of shape and
surface.

The above-mentioned percentages refer to the surface area of any one

A tolerance of 5% by count may be permitted in respect of all grades.
“Culled” or “Orchard Run” fruit shall be fruit which is mature,

sound and in every way suitable for manufacturing purposes. No
person shall export such fruit except under a permit from the Chief
Inspector of Produce. Applications for such permits shall be made at
least seven days prior to the date of sailing of the vessel by which the
fruit is to be carried and shall state-

fruit.

(a) the destination of the fruit:
(b) the purpose for which it is to be used; and
(c) the quantity to be exported.

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22 THE CITRUS FRUIT (PROTECTION) REGULATIONS, 1948

Such fruit shall be packed in boxes dearly marked “Orchard Run (or)
‘Culls’ for manufacturing purposes only”.

(5 ) An Inspector of Produce shall have the right to take a
reasonable quantity from each shipment or packing house for the
purposes of record or tests.

(6) No person shall export citrus fruit, other than Culls or
Orchard Run fruit, which have not been sized and packed to the
satisfaction of an Inspector of Produce.

(7) Nztwithstanding anything mentioned in this regulation the
Chief Inspector of Produce may in his discretion permit the export of
citrus fruit prepared and processed otherwise than as specified in this
regulation.

Boxing and Packing

10. Any person packing citrus fruit for export shall use new boxes
of a type approved by the Chief Inspector of Produce.

Fruit for Ship’s Stores

11. All persons selling or offering for sale fruit for consumption on
board a vessel as ship’s stores shall be required to conform to these
Regulations in all respects except that such fruit need not be graded,
wrapped, sized or packed in cases.

Notice to Znspectors

12. Any person who packs for export citrus fruit other than Culls
or Orchard Run fruit shall give not less than three days’ clear notice
in writing of his intention to make a shipment of such fruit to the
Chief Inspector of Produce and to the Inspector of Produce for the
district in which such fruilt shall be packed for shipment and further
notify the Inspector of Produce for the area when and where fruit is
being collected or purchased for processing or expont and in addition
shall state from what wharf the shipment will be made. This notice
shall be given for each shipment.

No person shall be permitted to ship fruit until he shall have received
a permit from an Inspector of Produce in regard to each particular
consignment or shipment.

Sanitary condition of premises

13. The owner, occupier or person in charge of any premises used
for the storage and packing of citrus fruit shall keep such premises and

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THE CITRUS FRUIT (PROTECTION) REGULATIONS, 1948 23

equipment in a clean and sanitary condition, to the satisfaction of the
Inspector of Produce.

14. An Inspector of Produce shall be empowered to order the cessa-
tion of packing operations in any packing house, the removal of any
citrus fruit therefrom and the closing of any packing house which does
not conform to the requirements of these Regulations, and such packing
house shall not receive nor pack any citrus fruit for export until such
repairs or alterations as may be required by the Inspector of Produce
shall have been camed out to his satisfaction.

Condemned Produce
15. No person shall export or attempt to export citrus fruit which

has been condemned by an Inspector of Produce as being unfit for
export but such produce, when the destruction thereof has not been
ordered by such Inspector of Produce, may be purchased by any person
for use within the Island of Jamaica:

Provided such person shall at the time of the purchase give to the
vendor an undertaking in writing that he (the purchaser) will not export
or attempt to export such produce, and a copy of such undertaking
shall forthwith be sent by the vendor to the Inspector of Produce for
the district in which the sale takes place.

Posting of Regulations

16. A copy of these Regulations shall be posted in a conspicuous
place in every packing house for citrus fruit.

Penalty

17. Any person who commits a breach of any of these Regulations
shall be liable on summary conviction before a Resident Magistrate to
a penalty not exceeding forty dollars and in default of payment to
imprisonment for any period not exceeding three months, and if he be
a produce dealer or exporter or the owner of a vehicle to whom
a certificate has been granted for the transportation of fruit to the
suspension or cancellation of his licence or certificate.

inclusion of tbis page is authorized by L.N. 4119761

24 THE CITRUS FRUIT (PROTECTION) REGULATIONS, 1948

SCHEDULE (Regulation 5 (2) )
THE AGRICUL~W PRODUCE Acr

Certificate under Regulation 5 (2) of the Citrus Fruit (Protection) Regulations,
1948

This is to certify that vehicle, Licence Number .............................. owned by
....................................................... .of. ....................................................
in the parish of .......................................... has a body suitably constructed for
the conveyance of citrus fruit for processing.

Dated this.. .................................. day of ................................... .19 ......
....................................................................

Inspector of Agricultural Produce

me inclusion of this page is authorized by L.N. 4/19761

AGRICULTURAL PRODUCE 25

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (COCOA) REGULATIONS, 1950
(Made by the Governor in Executive Council on the 18th day of

December, Z95U)
L.N. 1 2 5 / ~

1. These Regulations may be cited as the Agricultural Produce
(Cocoa) Regulations, 1950.

2. In these Regulations “cocoa” means cacao beans. whether in the
pod or pulp or separated and whether cured or uncured, ripe or
unripe, wet or dry, raw or processed, fermented or unfermented.

3. No person shall sell or purchase cocoa containing stones, trash
or other foreign matter.

4. No person shall sell or purchase cocoa which has been dried on
the ground.

5. [Omitted.]

m e inclusion of this paDe is authorized by L.N. 4/19761

AGRICULTURAL PRODUCE

This page contained The Agricultural Pru&cc (Pin#nto)
Regulations, 1951. now revoked

inehubn of thir pgs b apbborLcd by L.N. 55/19911

27

AGRICULTURAL PRODUCE 29

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THB AGRICULTURAL PRODUCE (NOTICE OF INTENTION TO EXPORT)
REGULATIONS, 1953

(Made by the Governor in Executive Council on the 9th day of
February, 1953)

L.N. 33/53

1. These Regulations may be cited as the Agricultural Produce
(Notice of Intention to Export) Regulations, 1953.

2. Subject to the provisions of regulation 14 of the Agricultural
Produce (Tomatoes) Regulations, 1948, and of' regulation 12 of the
Citrus Fruit (Protection) Regulations, 1948, every person intending to
export any agricultural produce shall, not less than two clear days
before shipment, give notice in writing of his intention to export the
agricultural produce to the Inspector of Agricultural Produce for the
area from which the agricultural produce is to be exported, and shall
specify in such notice the quantities, marks, location and destination
of the agricultural produce.

3. Any person who fails to comply with any of the provisions of
regulation 2 shall be liable on summary conviction before a Resident
Magistrate to a penalty not exceeding forty dollars and in default of
payment thereof to imprisonment for any period not exceeding three
months.

[The inclusion of tbia page is authorized by L.N. 4/1976]

AGRICULTURAL PRODUCE

THE AGRICULTURAL PRODUCE ACT

31

r
,

1

i

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (BANANA) REGULATIONS, 1969

(Made by the Minister on the 16th day of June, 1969) L.N. 243169
Amd:
L.N. 153173

1. These Regulations may be cited as the Agricultural Produce
(Banana) Regulations, 1969.

2. In these Regulations, unless the context otherwise requires-
“bananas” means bananas intended for expont;
“vehicle” means any kind of vehicle whatever, whether mechan-

ically propelled or not.

Protection of Fruit

3. No person shall-
(U) cut, carry, load, unload, or stack bananas in such a manner

as to injure such bananas, or carry, load, unload, or stack
bananas in boxes in such a manner as to injure the bananas
or damage the boxes;

(b) place bananas on the ground or on the floor of any building
or lean them against any post, rail or wall, or rest them on
any post, rail or wall, unless such bananas are protected from
bruising or other injury by matting or padding to the satisfac-
tion of an Inspector of Produce;

(c) expose bananas or bananas in boxes #to the direct rays of the
sun or to the rain, or leave bananas that are in danger of
becoming so exposed unprotected by a covering that is satis-
factory in Ithe opinion of an Inspector of Produce;

(d) despatch, load or drive a vehicle containing unboxed bananas
projecting over or beyond the sides of such vehicle, unless
such vehicle is provided with wings for the support of such
bananas;

(e) despatch, load or drive a vehicle containing bananas in boxes
projecting over or beyond the sides of such vehicle;

me inclusion of this page is authorized by L.N. 4119761

32 THE AGRICULTURAL PRODUCE (BANANA) REGULATIONS, 1969

transport bananas on animals or in vehicles unless such
animals or vehicles are thoroughly padded for the purpose
of proteoting the bananas from being bruised intransit;
transport in a vehicle more than seven tiers of unboxed
bananas or ten tiers of bananas in boxes extending upwards
from the floor of the vehicle:

Provided that not more than two tiers of bananas or
bananas in boxes shall extend above the sides or body of the
vehicle :

Provided further that for the purposes of this paragraph
any unboxed bananas or bananas in boxes used to stabilize
or keep in place other bananas or other bananas in boxes
shall be counted as one tier;
sit, stand, walk or lie upon any bananas or upon any box
containing bananas;
place any article upon any bananas or upon any box cow
taining bananas unless such anticle is for the protection of
the bananas;
while removing bananas from a vehicle, rest such bananas
on the rail of the vehicle unless the rail is padded to the
satisfaction of an Inspector of Produce;
offer or accept for export, or sell or purchase for export any
bananas, whether or not in boxes, which are so thin, bruised,
immature or damaged, or of which the appearance is so
maned, as to be unfit for export in the opinion of an
Inspector of Produce;
export bananas, whether or not in boxes, which are not
absolutely clean and free from-

(i) all foreign matter such as [trash, straw, nests, withe,
twigs, grass or eaith; and

(ii) damage by rats or insects;
(m) pack, or export, or attempt to export, any bananas which are

aEeoted by bruising, thrips, swamp spots or scarring of any
description, of by any other condition which mars the
appearance of such bananas;

(n) load bananas into a lighter in such a manner thait there is any
fruit above the sides or gunwale of the lighter, or so that
any part of the fmi't projects beyond the sides or gunwale
of the lighter;

(The inclusion of this page is authorized by L.N. 4/1976]

THE AGRICULTURAL PRODUCE (BANANA) REGULATIONS, 1969 33

(0) load bananas in boxes into a lighter to a height exceeding
two tiets above the sides or gunwale of the lighter, or so that
the boxes rest on the sides or project beyond the sides or
gunwale of the lighter;

@) load bananas into a lighter unless the lighter is thoroughly
padded to the satisfaction of an Inspector of Produce;

(4) while engaged in stacking or loading bananas or bananas in
boxes, or while in control of any gang engaged in stacking
or loading, stack or lead such banana or bananas in boxes
in any boat, ship or vessel in such a manner as to injure or
bruise such bananas i n a n y way.

4. NO person having the charge or control of any vehicle or lighter
loaded with bananas or bananas in boxes shall permit any person to
sit, stand, walk or lie on such bananas or on the boxes containing
bananas.

Packing Plants

5. Every person who handles bananas at a packing plant shall
handle such bananas in accordance with the direotions of an Inspector
of Produce, and such Inspector of Produce may give such directions
as he may, in his discretion, deem necessary in order to prevent
damage to the bananas.

6.41) All bananas received at a packing plant shall be stored in
padded bins and in a standing position, and no bananas shall be
stacked one on top of the other.

(2) An Inspector of Produce may determine from time to time
the quantity of bananas which may be stored in a packing plant.

7. Every person packing bananas for export shall use new boxes
with the words “JAMAICA B NANAS” printed on the sides in letters not
less than one inch high.

8. Every box containing bananas shall be distinctly marked on
both panel ends with the number or trade mark of the packer or
exporter, and such number or trade mark shall be in figures or letters
not less than one inch high.

9.41) Hands of bananas shall be so cut from the stalks as to allow
sufficient crown to be left to hold the fingers firmly together, and such
fingers shall not be less than 64 inches in length.

p e inclusion of this page is authorized by L.N. 4/19761

34 THE AGRICULTURAL PRODUCE (BANANA) REGULATIONS, 1969

(2) All hands of bananas or parts thereof which are being packed
shall be packed tightly in boxes to the satisfaction of an Inspector of
Produce.

Sanitation

10. The owner, occupier, or person in charge of any premises used
for the packing of bananas shall keep such premises and any equip-
ment on such premises in a clean and sanitary condition, to the
satisfaction of an Inspeotor of Produce.

11. An Inspector of Produce may order the cessation of packing
operations in any packing plant, or the removal of any bananas there-
from, or the closing of any packing plant which does not conform
to the requirements of regulation 10, and such packing plant shall not
receive or pack any bananas until the condi'tions which necessitated
the cessation of packing, or the removal of the bananas, or the closing
of' the plant, have been remedied.

12. Bananas being exported should be packed in new and clean
boxes and all such boxes with or without bananas should be stored or
stacked on dry clean surfaces.

Sale of Rejected Bananas

13. No person shall offer for sale for export any bananas which
have been condemned by an Inspector of Produce.

Record of Purchase

14.-(1) No person shall use any book as a produce book for the
keeping of records of the purchase of bananas unless such book be in
the form set out in the First Schedule and the headings and pages
of such book be printed and all the pages be numbered consecutively.

(2) All produce books shall be open to the inspection of an
Inspector of Produce at all reasonable times, and such Inspector of
Produce shall be entitled to take extracts 'therefrom and take posses-
sion thereof.

First
Schedule.

Posting of Regulations

15. A copy of these Regulations shall be posted in a conspicuous
place in every produce depot and on every premises where bananas
are delivered for export.

[The inclusion of this page is authoriied by L.N. 4/19761

\

THE AGRICULTURAL PRODUCE (BANANA) REGULATIONS, 1969

Penalty

16. Any person who commits a breach of any of the provisions of
these Regulations shall be liable, on summary conviotion before a
Resident Magistrate, to a penalty not exceeding forty dollars and, in
default of payment, to imprisonment for a period not exceeding three
months.

35

Application of these Regulations

17. These Regulations shall not apply to bananas exported to the
Second
Scbedulc.

countries specified in the Second Schedule.

[The inclusion of th ia page is authoned by L.N. 4119761

36 THE AGRICULTURAL PRODUCE (BANANA) REGULATIONS, 1969

(Regulation 17)

Bermuda

Cayman Islands

The Bahmas.
lfhe i:~clusiou of this page is authorid by L.N. 4/1976]

A GRICULT URA L PRODUCE 37

I

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (VEGETABLES, FRUIT AND GROUND
PROVISIONS) (EXPORT) REGULATIONS, 1969

(Made by the Minister on the 24th day of September, 1969) L.N. 486,69

i

Amd:
L.N. 301172

1. These Regulations may be cited as the Agricultural Produce 368172
(Vegetables, Fruit and Ground Provisions) (Export) Regulations, 1969.

2. No person shall export any of the vegetables, fruit or ground
provisions listed in the Schedule (hereinafter referred to as prescribed
produce) unless he has first obtained a certificate or permit from the
Chief Inspector of Produce that such prescribed produce is suitable for
export.

I
I

3. No person shall gather, collect or transport any prescribed pro-
duce intended for export except in such manner and in such con-
tainers as may be approved by an Inspeotor of Produce.

4.--(1) No person shall leave any prescribed produce intended for
export exposed, or in danger of being exposed to the sun or rain, unless
such prescribed produce is protected in a manner satisfactory to an
Inspector of Produce.

(2) No person shall stand, sit, walk, lie or lean upon any
prescribed produce intended for export or upon any container containing
such produce, nor shall any article be placed upon such produce
or upon any container containing such produce, unless that article
is intended to protect the produce and is placed in a manner satisfactory
to an Inspector of Produce.

5. All containers, packing materials and equipment used to pack,
protect, wash, grade, or size any prescribed produce for export shall
be of a type approved by the Chief Inspector o Produce and all such
containers and packing material shall be new f clean, and labelled or

me inclusion of this page is authorized by L.N. 4/1976]

38 THE AGRICULTURAL PR9DUCE (VEGETABLES, FRUIT AND GROUND
PROVISIONS) (EXPORT) REGULATIONS, 1969

marked in such manner as may be required by an Inspector of
Produce.

6. No person shall pack or export any prescribed produce unless
such produce is. in the opinion of an Inspector of Produce, of such
quality and appearance, and prepared, wrapped and packed in such
a manner, as to be suitable for export.

7. No person shall export, or attempt to export, or pack for export,
any prescribed produce which has been condemned by an Inspector
of Produce as being unfit for export.

8. Any person who intends to pack or export any prescribed pro-
duce shall give to the Chief Inspeator of Produce and to the Inspector
of Produce for the district in which such prescribed produce is to be
packed, not less than three days’ notice in writing of his intention and
such notice shall speciQ-

(a) the hour and date when he intends to pack or export such

(b) the wharf or airport from which he intends to export such
prescribed produce; and

prescribed produce.

9. No person shall pack or export any prescribed produce unless
such prescribed produce is packed in a building or packing house
approved by an Inspector of Produce.

10. Every owner, occupier or person in charge of any premises,
building or equipment used for the storage or packing of any pre-
scribed produce shall keep such premises, building and equipment
in a clean and sanitary condition, to the satisfaction of an Inspector
of Produce.

11.41) Where any premises, building or equipment used for the
storage or packing of any prescribed produce does not conform to the
requirements of regulation 10, an Inspector of Produce may order-

(a) the cessation of storage or packing of prescribed produce on
such premises or in such building or with such equipment;

(b) the removal of prescribed produce from such premises or
building; or

(c) the closing of such premises or building.
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THE AGRICULTURAL PRODUCE (VEGETABLES, FRUIT AND GROUND
PRO VISIONS) (EXPORT) REGULATIONS, 1969

(2) Where an Inspector of Produce has made an order under
paragraph (l), no prescribed produce shall be received, stored, or
packed on such premises or in such building or with such equipmenct
until such repairs or alterations as may be necessary have been carried
out to the satisfaction of an Inspector of Produce.

12. These Regulations shall not apply to born fide ships’ stores.

13. Any person who acts in contravention of, or fails to comply
with, these Regulations shall be guilty of an offence and shall, upon
summary conviction before a Resident Magistrate, be liable to a
h e not exceeding fifty dollars or to imprisonment for a term not
exceeding three months, or to both such fine and such imprisonment.

Ackee
Annatto
App!es (and varieties)
Badoo
Beans
Beetroot
Breadfruit
Cabbage
Calaloo or spinach
Cantaloupe
Carrots
Cassava
Chochos
Cocoas
Coconuts
Corn
Cucumbers
Dasheen
Egg Plants
Escallion
Garlic
Ginger
Granadillas
Guavas
Guinep
Jackfruit
Lettuce

SCHEDULE
Mangoes
Melons (all varieties)
Naseberries
Okras
Onions
Passion Fruit
Pawpaws
Peanuts
Pears (Avocado)
Peas (all varieties)
Peppers (all varieties)
Pineapples
Plantains
Plums (all varieties)
Potatoes (all varieties)
Pumpkins
Radishes
Shallot
Sorrel
soursops
Strawberries
Sugar cane
Susumber
Sweetsops
Tamarind
Thyme
Tree Tomatoes
Tumeric
Turnips
Yam (all varieties)
Yampies

(Paragraph 2)

39

(The inclusion of this page is authorized by L.N. 4119761

AGRXCULTURAC PRODUCK

THE AGRICULTURAL PRODUCE ACI'

RBGULATIONS
(under section 23)

THE A o ~ ~ c u ~ n r r u ~ PRODUCE (GINGER) R.EGULATIONS. 1979

(Made by the Minister on the 30th day of Aptil, 1979) L.N. 577~179

1. These Regulations may be cited as the Agticultural Produce
(Ginger) Regulations, 1979.

2. No person shall export green ginger unless he has first obtained a
certificate or permit for such export from the Chief In8pector of
produca

3. The Chiel Inspector of Produce may at any time determine the
date and tbe total quantity of green ginger that may be exported by any
petson.

[ The inclusion of this page is authorized by L.N. 55/1991 1

AGRICULTURAL PRODUCE 43

THE AGRICULTURAL PRODUCE ACT

REGULATIONS
(under section 23)

THE AGRICULTURAL PRODUCE (PIMENTO) REGULATIONS, 1988

L.N. 9hIU (Made by the Minister on the 16th day of August, 1988)

1. These Regulations may be cited as the Agricultural Produce
(Pime~to) Regulations. 1988.

2. In these Regulations- Intapretauon.
“the Act” means the Agricultural Produce Act;
“Appeal Panel” means the Panel constituted under regulation 18;
“approved exporter” means a person who has been 80 declared by

“crop year” means the period from the 1st day of April in any

“Minister” means the Minister responsible for agriculture;
“pimento” means pimento berries whether who,le, ground. cured,

uncured. ripe or unripe;
“spice” means pimento together with any combination of cloves,

cinnamon, nutmeg or other similar product which are reduced
to a powdered form;

“spice manufacturer” means a person who has been BO declared
by the Minker under regulation 11 (2).

the Minister under regulation 5 (1);

year to the 31st day of March in the following year;

Pimnqo

3. NO person shall. for the purposes of export, offer for gale or sell s.lr
05 pnrd- Dhmm.

(U) green pimento berries or pimento which has not been properly

(b) pimento containing rips, sticks, stones, trash or other foreign

(c) pimento that has been dried upon the ground.

cured.

matter;

[ The inclusion of this page is authorized by L.N. 5511991 I

44 THE AGRICULTURAL PRODUCE (PIMENTO) REGULATIONS, 1988

Approved
exporter
to export
punento.

Applica-
tion for
and
declara-
tioo of
approved
exporter.

Form 1.
First
schadde.

Applica-
tion to
Trade
AdLUiUiS-
trator for
e1port
licence.
F o m 2.

4.41) Subject to paragraph (3) no person other than an approved
exporter or the Minister shall export pimento €mm Jamaica.

(2) An approved exportex shall, before exporting pimento, apply
to the Trade Administrator for a licence so to do pursuant to regulation
6.

(3) Any person may export pimentQ without a licence where the
quantity of pimento being exported at any one time does not exceed a
total weight 2 lb.

5.-(1) The Minister may, on the application of any person, by order
published in the Gazette declare that person to be an approved exponter
for the purpose of these Regulations if he is satisfied that-

(a) such person is engaged in the business of growing pimento
trees; and

(6) the pimento itrees grown by him have, in the crop year
immediately preceding his application, produced at least 50
bag8 of pimento each weighing not less than 143 B hereinafter
referred to as the “minimum quota”.

(2) A person shall not be regarded as meeting the minimum
quota if, for that purpose, he purchases or atherwise obtain3 pimento
from an approved exporter or any o.ther person who sells pimento.

(3) A declaration pursuant to paragraph (1) may include such
terms and conditions as the Minister thinks fit, and without prejudice
to the generality of ithe foregoing, may include conditions relating to-

(U) the export price chargeable for pimento;
(b) arrangements for receipt and disposal of foreign currency

earned in respect of the sale of pimento; and
(c) the extent (if any) to, which an approved exporter under this

regulation may purchase, for export, pimento produced by
other growers.

(4) An application under paragraph (1) shall be made in the
form set out as Form 1 in the First Schedule.

6.41) Applicatiosl for a licence to expont pimento shall be made
to the Trade Administrator in the form sat out as Form 2 in the First
Schedule.

(2) The Trade Administram shall not grant a licence to any
approved exporter unless the Minister or such officer of the Ministry
as he may designate certifies-

,

[ The inclusion of this page is authorized by L.N. 55/1991 I

45 THE AGRICULTURAL PRODUCE (?IMENTO) REGULATIONS. 1988

(U) that he is satisfied that the pimento has been inspected and
found fit for export; and

(b) that there is no objection on other grounds to the grant of a
licenca

7.41) If it appears to the Minister that an approved exporter has Contraven-
contravened any of the provisions of the Act OS Regulations relating tion of
to an approved exporter or any term or condition specified in an Regula-
order referred to in regulation 5 he shall serve upon the approved approved
expomr a notice requiring the approved exporter-

Act or

tions by

exporter.

(U) to give an explanation thereof;
(b) in so far as possible, to do all such thmgs as will make good

to the satisfaction of the Minister any default or deficiency
arising in consequence of the contravention.

within such reasonable time not being less than fourteen days from the
date of the notice, as may be specified in the notice.

(2) If an approved exporter without reasonable excuse fails to
give an explanation or it0 make good any default or deficiency within
the time specified in the notice served upon him under paragraph (1)
the Minister may, by order published in the Gazette, revoke the decla-
ration made in respect of that exporter under these Regulations.

8. Where a declaration of approved exporter is revoked under procedure
regulation 7 (2) the Minister or such officer of the Ministry as the Min-

the revocation and the Trade Administrator shall, accordingly. cancel z:;z:
any licence granted to that approved exporter.

ister may designate, shall natify the Trade Administrator in writing of declara- .
tion of

9. The Minister shall cause to be kept a register of approved
of

exporters containing- approved
.rpatm.

(U) the name and address of every approved exporter;
(b) the name, if any, description and address of the property of

an approved exporter on which pimento trees are grown;
(c) the acreage of the property under pimento cultivation;
(a) the dates on which the Minister or such officer of the Minis-

try as he may designate certifies to the Trade Administrator
that an approved exporter ought to be granted an export
licence;

(e) the date on which an approved exporter is so declared;
(f) the date of revocation of such declaration.

[ The inclusion of this page is authorized by L.N. 55/1991 1

46 THE AGIRICULTUUL PRODUCE (PIMENTO) REGULATIONS. 1988

Sale price
of pimento.

Applica-
tion for
and dock
ration of
spice
manufac-
turer.
Form 3.
First
Schedule.

Exporta-
tion of
SPLCC.

Form 4.

Inspection
Of
premises
of spice
manu-
facturer.

lO.--(l) The Minister may from time to time h a minimum export
price for pimento below which no approved exporter shall sell.

(2) Every approved exporter shall send to ithe Minister a copy
of each invoice presented by the approved exporter for payment for
pimento exponted; and such invoice shall bear a certificate by the
approved exporter that the price thereon is the true price at which
the sale of his pimento is transacted.

Spice

l l . - ( l ) Every person who manufactures spice and who is desirous
of exporting spice shall make an application to the Minister to be
registered as a spice manufacturer for the purposes of these Regulations
in the form set out as Form 3 in the First Schedule.

(2) The Minister may, on the application of any person under
paragraph (l), by order published in the Gazette declare that person
to be a spice manufacturer if he is satistied that the manufacture of
the spice conforms with minimum acceptable manufacturing standards
for the manufacture of spice.

12.41) Subject (to paragraph (2), no spice manufacturer shall
export spice from Jamaica withwt an export licence granted by the
Trade Administrator.

(2) A spice manufacturer may export spice without a licence
where the quantity of spice exported at any one time does nst e x d
a total weight of 2 lb.

(3) A spice manufacturer shall, before exporting spice in quan-
tities in excess of 2 I% apply to the Trade Administrator in th0 form
set out as Form 4 in the First Schedule.

(4) The Trade Administrator shall not grant a licence under
paragraph (1) unless the Minister or such officer of the Ministry as
he may designate certifies ,that the spice is of fair merchantable quality.

13.41) The Minister shall cause, from time to time, an inspection
to be made of every premises where a spice manufacturer carries on
the business of spice manufacturing.

(2) Where on an inspection of any premises under paragraph
(1) it is found that the spice manufacturer breaches minimum manu-
facturing standards the Minister shall serve a notice on the spice manu-

[ "he inclusion of this page is authorized by L.N. 55/1991 I

.

, .

47 THE ACJRICULTURAL PRODUCE (PIMENTO) REGULATIONS, 1988

I .

facturer requiring him it0 remedy the breach within such time as may
be specified in the notice, being not less than fourteen days from the
date of the notice.

14.-(1) Where any spice produced or offered for export is found spice
found
unfit for
human
consunp-
tion.

to be not fit for human consumption the Minister shall-

(U) cause the spice to be seized and dumped;
(b) notify the spice manufacturer that consideration will be given

to revoking the declaration of spice manufacturer applicable
to him if he fails to satisfy the Minister during a period
stated in the notice, not exceeding three months, that spice
produced or offered for export by him is consistently fit for
human consumption; and

(c) if not satisfied as stated in sub-paragraph (b) revoke the
declaration of that person as a spice manufacturer.

(2) If a spice manufacturer without reasonable cause fails to
remedy the breach under paragraph (1) the Minister may, by order
published in the Gazerte, revoke the declaration made in respeat of
that spice manufacturer.

15. Where a declaration as a spice manufacturer is revoked under Procedure
regulation 14, the Minister or such officer of the Ministry as the tion on scvoca- of
Minister may designate shall notify the Trade Administrator in writing declara- tiqn as

cancel any licence granted to that spice manufacturer.
of the revocation and the Trade Administrator shall, accurdingly, SPICC Iu..Lf.,c

L u x .

16. The Minister shall cause to be kept a register of all spice manu-

(U) the name and registered address of every spice manufacturer;

of spice
manu-
fdciurcn.

faoturers containiog-

(b) the name, if any, and address of premises on which spim is
manufactured;

(c) the dates on which the Minister or such officer of the Ministry
as he may designate certifies to the Trade Administrator that
a spice manufacturer ought to be granted an export licence;

(a) the date on which a spice manufacturer is so declared; and

(e) the date on which such declaration is cancelled.

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48 THE AQEICULTURAL PRODUCE (PIMENTO) REGULATIONS, 1988

A v W . 17. Where-

(U) a person is aggrieved by the refusal of the Minister to grant
an application under regulation 5 (1) or 11 (1); or

(b) an approved exporter is aggrieved by the revocation of a
declaration made in relation to him under regulation 7 (2);
or

(c) a spice manufacturer is aggrieved by the revocation of a
declaration made in relation to him under regulation 14 (2).

he may appeal in writing to the Appeal Panel within seven days of
the date of natification of the refusal of the grant of an application
or the revocation of a declaration.

&labfish-
ment of
Appeal
Panel.
Second
Schedule.

1 8 4 1 ) There shall be constituted an Appeal Panel for the purpose
of hearing any appeal pursuant to these Regulations and the provi-
sions of the Second Schedule shall apply in relation thereto.

(2) The Appeal Panel shall, in relation to an appeal from the
revocation of a declaration, review the circumstances of any alleged
breach and shall issue such directives as it thinks fit.

(3) The decision of the Appeal Panel shall be binding on the
Minister. as well as on the appellant.

General

Proceduro 19.41) Where-
or f busi- removal

ness.

on sale of
(U) an approved exporter sells the whole or any part of the

p r o m on which he grows pimento trees; or
(b) a spice manufacturer-

(i) removes his spice manufaclturing business to other
premises; or

(ii) sells the whole or any part of his interest in his spice

the approved exporter or spice manufacturer shall within seven days
of the sale or removal inform the Minister in writing thereof.

manufacturing business,

(2) After being informed of a sale under paragraph (1). the
Minister, if in his opinion (the circumstances so warrant, may revoke
the declaration made in respect of the approved exporter or spice
manufacturer, as the case may be.

[ The inclusion of this P a e is authorizcd by L.N. 55/1991 1

'\

J

THE AGRICULTURAL PRODUCE (PIMENTO) REGULATIONS, I988 49

(3) Every sale or removal as aforesaid shall be noted in the
register of approved exporters or the register of spice manufacturers,
as the case may be.

m.41) Subject to paragraph (21, the Minister may, from t h e to Minicter
time, by notice published in the Guzerre, prohibit the exportation of :
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