Claying of Cocoa

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Claying of Cocoa
CLAYING OF COCOA ACT

CHAPTER 64:22

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–7 ..

L.R.O.

Act
43 of 1922

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 64:22 Claying of Cocoa

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 52/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Claying of Cocoa Chap. 64:22 3

CHAPTER 64:22

CLAYING OF COCOA ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Claying of cocoa prohibited.
4. Possession of clayed cocoa.
5. Sale, purchase, or export of clayed cocoa prohibited.
6. Licensed dealer in possession of clay.
7. Appointment of inspectors.
8. Power to enter premises of licensed dealer.
9. Power to enter any premises where offence suspected.

10. Inspector to have the right to examine cocoa intended for export.
11. Disposal of clay or clayed cocoa seized.
12. Assaulting or resisting inspector or constable.
13. Penalties.

On conviction, licence may be cancelled.
14. Exemption in case of imported cocoa.
15. Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

4 Chap. 64:22 Claying of Cocoa

CHAPTER 64:22

CLAYING OF COCOA ACT

An Act to prohibit the claying of cocoa.

[1ST JANUARY 1923]

1. This Act may be cited as the Claying of Cocoa Act.

2. In this Act—
“clay” means the substance commonly known as “red clay”, and

includes any substance capable of increasing the weight of
or suitable for coating or colouring cocoa beans, or which
may be used to make a mixture suitable for coating or
colouring cocoa beans, whether such substance is in its
natural condition or is mixed with any other substance;

“clayed cocoa” means any cocoa beans to which any clay has
been added;

“inspector” means an inspector appointed under this Act;
“licensed dealer” means a dealer in licensable produce licensed

under the Sale of Produce Act;
“vessel” includes schooners, sloops, droghers, flats, punts, boats,

canoes, barges, scows, corials, rafts, or other craft.

3. Any person who adds clay to any cocoa is guilty of
an offence.

4. (1) Any person who has in his possession or custody or
under his control any clayed cocoa is guilty of an offence.

(2) For the purposes of this section, any clayed cocoa in
the possession or custody or in the control of any banker, agent,
warehouseman, or carrier shall be deemed to be in the possession
of the owner or consignor of the cocoa, but the onus of proving the
true ownership of the cocoa shall be upon the banker, agent,
warehouseman, or carrier.

1950 Ed.
Ch. 23. No.9.
43 of 1922.
Commencement.

Short title.

Interpretation.

Ch. 63:52.

Claying of
cocoa
prohibited.

Possession of
clayed cocoa.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Claying of Cocoa Chap. 64:22 5

5. Any person who sells or purchases or exports or who
attempts to sell or purchase or export, any clayed cocoa is guilty
of an offence.

6. Any licensed dealer on whose licensed premises or in
whose house or building, being part of or contiguous to the licensed
premises, any clay is found is guilty of an offence.

7. (1) The Minister may appoint one or more persons to be
inspectors for the purposes of this Act.

(2) The names of any persons appointed under this section
shall be published in the Gazette.

8. (1) Any inspector or any constable, without warrant, may
enter any premises in the occupation or under the control of any
licensed dealer, and also any house or building part of or contiguous
to the premises in the occupation of the licensed dealer; and may
search therein for clay or clayed cocoa, and seize any clay or clayed
cocoa that may be found therein.

(2) The right of entry conferred by this section may be
exercised between the hours of six o’clock in the forenoon and six
o’clock in the afternoon of the same day.

9. (1) If any inspector or any constable has reasonable
grounds for believing that an offence against any of the provisions
of this Act is being or has been committed on any lands or in any
premises, or that any clayed cocoa is stored or kept upon any lands
or in any premises, the inspector or constable may apply to any
Justice for a search warrant and with the warrant enter such lands
or premises and also any house or building part of or contiguous
to such lands or premises, and search therein, and seize and take
away any clayed cocoa that may be found therein.

(2) The right of entry conferred by this section may be
exercised at any time of the day or night, and on all days, including
Sundays and public holidays.

Sale, purchase,
or export of
clayed cocoa
prohibited.

Licensed dealer
in possession of
clay.

Appointment of
inspectors.

Power to enter
premises of
licensed dealer.

Power to enter
any premises
where offence
suspected.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 64:22 Claying of Cocoa

10. The inspector may examine any cocoa intended for or
in process of shipment for export from Trinidad and Tobago,
and for this purpose the inspector shall have the right to enter
on board any vessel in any harbour, bay, roadstead, or river,
and to search, with his assistants, any and every part of the
vessel, and to open any receptacle or bag containing, or which
he has reason to believe contains, cocoa, and if, upon the
examination or search, any clayed cocoa is found, the inspector
may seize and take away such cocoa.

11. (1) Any clay or clayed cocoa seized under the powers
contained in this Act shall be conveyed to the nearest Police Station
or to such other place as the inspector may direct, and the inspector
may give such directions as he may consider necessary for the
removal thereto of the clay or clayed cocoa.

(2) On conviction of any person of any offence under
this Act in respect of any such clay or clayed cocoa, the same
shall be forfeited, and may be destroyed or otherwise disposed
of in such manner as the Magistrate in his discretion may order.
Such forfeiture shall be in addition to any punishment authorised
by this Act.

12. Every person who assaults, obstructs, or resists the
inspector or any of his assistants or any constable in the execution
of their duties under this Act, and every person who refuses or
neglects to carry out any direction lawfully given by the inspector
under section 11 is guilty of an offence.

13. (1) Any person who is guilty of any offence under
this Act is liable on summary conviction to a fine of four
thousand dollars.

(2) If any licensed dealer is convicted of any offence under
this Act, the Magistrate may, in addition to any other penalty which
he may be authorised to inflict, order the licence of the offender to
be forfeited and cancelled.

Inspector to
have the right to
examine cocoa
intended for
export.

Disposal of clay
or clayed cocoa
seized.

Assaulting or
resisting
inspector or
constable.

Penalties.

On conviction,
licence may be
cancelled.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Claying of Cocoa Chap. 64:22 7

14. Nothing contained in this Act shall be deemed to apply to
cocoa which has been imported into Trinidad and Tobago under
the provisions of the Cocoa (Import and Export) Act but the onus
of proving to the satisfaction of the inspector that any cocoa has
been so imported shall be upon the person alleging the same.

15. The Minister may make Regulations for the better carrying
out of the provisions of this Act.

Exemption in
case of imported
cocoa.
Ch. 64:21.

Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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