CH.242 – 4] AGRICULTURE AND FISHERIES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

AGRICULTURAL PRODUCTS (TOMATOES) RULES

(SECTION 4) [Commencement 15th August, 1938]

1. These Rules may be cited as the Agricultural Products (Tomatoes) Rules.

2. In these Rules, unless the context otherwise requires —

“Association” means a Tomato Growers’ Association organized under articles of association for a district or districts to facilitate the growing and packing of tomatoes intended for export and recognized by the Minister;

“district” means a settlement in New Providence or in an Out Island or any combination of settlements;

“Inspector” means a person appointed by the Minister for the purposes of these Rules;

“licensee” means a person nominated by an associa- tion or the Minister and licensed by the Minister to grade and pack tomatoes;

“Minister” means the Minister charged with the responsibility for the administration of the Act.

3. There may be established in each of the under- mentioned districts or such other districts as the Minister may from time to time by notice in the Gazette prescribe one or more packing house or houses at which all tomatoes intended for export shall be graded and packed. Each packing house shall be operated under and controlled by a licence to be issued at the discretion of the Minister.

New Providence: (a) Sandilands.

Cat Island: (a) Arthur’s Town; (b) Dumfries.

Eleuthera: (a) Governor’s Harbour; (b) North and South Palmetto Point; (c) Savannah Sound; (d) Tarpum Bay;

G.N. 225/1938 5 of 1987

Citation.

Interpretation.

Packing houses.

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(e) Rock Sound; (f) Gregory Town; (g) Deep Creek; (h) Wemyss’ Bight.

4. Every licensee shall be required to enter into a bond with one or more sureties as may be required and approved by the Minister in a sum not exceeding two hundred dollars conditioned that the licensee shall satisfactorily operate packing houses and observe and perform all the obligations and duties imposed by these Rules. Upon a breach of the conditions of any licence or of any such bond the Minister may revoke the licence forthwith.

5. (1) Packing house licences shall be of two kinds, namely, a general packing house licence for a district or a special packing house licence to an individual.

(2) A special packing house licence may be granted to any person who can satisfy the Minister that he is by his own efforts financing and cultivating forty or more acres of tomatoes.

(3) General and special licences may be granted by the Minister upon application in writing and shall be in such terms and in such form as the Minister shall prescribe.

6. Every packing house shall be suitably equipped in every respect to the satisfaction of the Inspector or an officer of the Ministry for the grading and packing of tomatoes. Packing houses must have sufficient floor areas allocated for storage purposes.

7. Every licensee shall be entitled to make a charge for grading and packing tomatoes and also for field boxes supplied to growers. Such charges shall be subject to the Minister’s approval and shall not without the prior approval of the Minister be varied. Tomatoes intended for export shall be conveyed to a packing house in standard field boxes or containers of similar design approved by the Inspector.

8. Tomatoes intended for export shall be packed either in the British Columbia 201b. lug with inside measurements 15¾ x 15¾ x 4½ inches, or the Mexican 30 lb. lug with inside measurements 16¼ x 13½ x 5 inches, the last measurement without battens.

Bond.

5 of 1987, s. 2.

Packing house licences.

Equipment of packing houses.

Charge for grading and packing.

Requirements for packing.

CH.242 – 6] AGRICULTURE AND FISHERIES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) In the British Columbia 20 lb. lug, the following sizes shall be recognized for purposes of export:

50’s 5 x 5 of uniform size, 2 tier deep, wrapped; 60’s 5 x 6 of uniform size, 2 tier deep, wrapped; 72’s 6 x 6 of uniform size, 2 tier deep, wrapped; 84’s 6 x 7 of uniform size, 2 tier deep, wrapped; 98’s 7 x 7 of uniform size, 2 tier deep, wrapped; (b) in the Mexican 301b. lug the following sizes shall

be recognized for purposes of export: 75’s 5 x 5 of uniform size, 3 tier deep, wrapped; 90’s 5 x 6 of uniform size, 3 tier deep, wrapped; 108’s 6 x 6 of uniform size, 3 tier deep, wrapped; 126’s 6 x 7 of uniform size, 3 tier deep, wrapped; 147’s 7 x 7 of uniform size, 3 tier deep, wrapped: Provided that, to meet the requirements of any

particular trade or any special demand, the Minister may permit the use of containers other than those specified above.

9. No tomatoes shall be exported unless they are packed in a packing house licensed for the purpose by the Minister and/or have been subjected to inspection by the Minister’s Inspector or an officer of the Ministry. Such inspection may be made at any place prior to export and any container or its contents which do not conform to conditions specified in these Rules may be detained and disallowed for export purposes.

10. The contents of each lug shall be uniform in respect of size, grade and maturity and the fruit must be free from worm holes, splits, scars or defects of any description whatsoever.

11. A tight pack shall be required in all sizes of tomatoes packed for export.

12. (1) All lugs intended for export shall be marked legibly and in plain letters on the outside with —

(a) the name or identification mark of shipper; (b) the size of fruit they contain; and (c) the registered number of the packing house and

shall bear an attractive label with indication that the contents are produced in The Bahamas.

Inspection of packed tomatoes.

Contents to be uniform.

Tight pack.

Lugs intended for export.

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(2) Samples of such labels to be used by licensees shall be submitted to the Minister for approval and registration purposes.

(3) Every lug shall contain thereon the words, “Graded and packed under Government supervision” and each label shall be affixed under the supervision of an Inspector.

(4) No buyer of any lugs or any other person shall alter or deface the original label of any pack which has been purchased for shipment abroad.

13. Every packing house shall be under the personal supervision of an Inspector to be appointed by the Minister and his decision in any matter that may arise regarding the grading and packing or rejection of tomatoes for export shall be final.

14. Every Inspector is hereby authorized — (a) to inspect all buildings intended to be used for

packing houses and to specify the number of bins and general necessary equipment that should be made available to meet the respective require- ments of the district concerned and to report to the Minister;

(b) to enter upon licensed packing houses for inspection purposes at any time;

(c) to inspect all tomatoes coming into any packing house and to condemn any tomatoes or packed lugs which in his opinion are unfit for export;

(d) to order any faulty lugs to be repacked and generally to supervise the grading and packing operations;

(e) to see that all lugs intended for export are properly labelled and to satisfy himself that each and every lug conforms to the required standard in every respect.

15. It shall be lawful for the Minister to grant packing house licences in respect of places other than those specified in these Rules. Such licences shall be subject to these Rules in all respects.

16. As from the coming into operation of these Rules, all existing packing house licences shall be deemed to be revoked.

Inspectors.

Powers of Inspectors.

Packing house licences.

Revocation.

CH.242 – 8] AGRICULTURE AND FISHERIES

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

17. Whosoever assaults, molests, obstructs, resists, aids or incites any other person to assault, molest, obstruct or resist an Inspector or other officer of the Ministry or any other employed or acting or proceeding to act by authority of such officer or Inspector in the execution of any of the powers or duties conferred or imposed upon him by these Rules shall be guilty of a breach of these Rules.

18. Any person who commits a breach of these Rules for which no other penalty is provided shall be liable upon summary conviction to a penalty of one hundred dollars.

ONIONS (EXPORT) RULES

(SECTION 4) [Commencement 2nd May, 1942]

1. These Rules may be cited as the Onions (Export) Rules.

2. In these Rules, unless the context otherwise requires —

“Inspector” means a person appointed by the Minister for the purposes of these Rules;

“Minister” means the Minister charged with the responsibility of the administration of the Act;

“package” means any container wherein the export of onions is permitted under rule 4 of these Rules;

“packing house” means the premises specified in a licence wherein the licensee grades and packs onions for export.

3. (1) No onions shall be exported unless graded and packed by a licensee.

(2) Any person who exports or attempts to export, or packs onions for export contrary to the provisions of this rule shall be guilty of an offence and shall be liable on summary conviction to a fine of two hundred dollars.

Offences against Inspector, etc.

Breach of Rules.

5 of 1987, s. 2.

G.N. 129/1942 5 of 1987

Citation.

Interpretation

5 of 1987, s. 2.

Packing of onions for export prohibited except by licensee.