Banana (Protection and Quality Control) Act (Cap. 58:41)

LAWS OF DOMINICA BANANA (PROTECTION AND QUALITY CONTROL) ACT CHAPTER 58:41 Act 15 of 1986 Current Authorised Pages Pages Authorised (inclusive) byL.R.a. 1-2 111995 3-8 111991 9-22 111995 L.R.a.1I1995 2 Chap. 58:41 ........... , ....... \~ . v .. "'''' ....v, ......, ...... Quality Control) Oi Subsidiary Legislation Page Banana (protection and Quality Control) Regulations 10 SECTION aunana (rrUU;l;UUn ur~ Quality Control) ,rl";''';' ~ n~~n ~G ..;lI \...llCir .lLr, ;iO;,J.. BANANA (PROTECTION AND QUALITY CONTROL) ACT ARRANGEMENT OF SECTIONS Chap. 58:41 3 1. Short title. 2. Interpretation. 3. Establishment of the Authority. 4. Functions and duties of the Authority. 5. Establishment and functions of the Committee. 6. Certain privileges of the Authority. 7. Police duties. 8. Boxing of bananas. 9. Prohibition against the sale or purchase of rejectable bananas. 10. Bananas to be dealt within the prescribed manner. 11. Exemptions from duties and taxes. 12. Regulations. T. Tl n 111001 4 Chap. 58:41 tsanana irrotecuon ana Quality Control) BANANA (PROTECTION AND QUALITY CONTROL) ACT 15 of 1986. ANACT to provide for the proper harvesting, handling, transport ing and shipping of bananas with a view to ensuring a good marketable quality of these fruits and matters connected therewith. Commencement. [3rd July 1986] Short title. 1. This Act may be cited as the BANANA (pROTECTION AND QUALITY CONTROL) ACT. Interpretation. 2. In this Act "Authority" means the Banana (Protection and Quality Control) Au thority constituted under section 3; "bananas" means bananas of the varieties or known as robusta, puerto rique, poyo, lacatan, giant cavendish, valery and such other varieties as may be prescribed by the Authority; "boxing plant" means an installation where bananas are dehanded, deflowered, washed, treated and boxed and which is licensed for this purpose under section 8; "boxing plant operator" means a person who in the opinion of the Authority is competent to operate a boxing plant or to be engaged in the boxing of bananas and who is licensed for this purpose under section 8; "buying companies" means Geest Industries Limited or Geest Indus tries (W.I.) Limited or the person or persons who for the time being have the statutory or contractual right to purchase export able bananas from the Corporation; "Corporation" means the Dominica Banana Marketing Corporation .... -.... .. - . ----- . ----- .. . . . --- . . ~ --- . - . ------------ ------------ ... . ... --- .. tion Act. "cutting period" means either the period commencing not more than thirty-six hours before the announced end of a reception period tsanana irrotecuon ana Quality Control) Chap. 58:41 5 ··~xpclrt:ihip bananas" mp:lfis bananas which have been reaped or harvested from a holding during a cutting period and which are not rejectable bananas; "field packed bananas" means bananas which have been packed for export without being washed and processed in a boxing plant, and which have been grown, harvested and packed in accord ance with the regulations for field packing; "field packing" means the process by which bananas are packed for export in accordance with the regulations for field packing; "field pack shed" means a shed which is constructed for the storage of empty and packed cartons for field packed bananas, and which shall so be constructed in accordance with the regulations for field packing or in a manner approved by the Authority and which may have facilities for field packing; "field packer" means a grower who has been licensed by the Authority to be a field packer; "governments" means the Governments of Saint Lucia, Saint Vincent, Dominica and Grenada; "grower" means a person for the time being in possession or control of a holding, and who is registered with the Corporation; "inland buying depot (IBD)" means any installation at which boxed bananas are delivered by growers to the Corporation for pur chase; "island" means the Commonwealth of Dominica; "member associations" means the members of WINBAN; "Minister" means the Minister responsible for Agriculture; "reception period" means the period from time to time publicly an nounced or advertised by or for and on behalf of the Corpora tion for the delivery of bananas to the Corporation or to the buying companies; "reception depot" means a depot at which exportable bananas are Aol';"o'l'"orf f-n t-ho hll'u';ntY ron1'Y'ln'ln;o(." ...... ,. a .. ........- .........J .......&b - ........1"'-....... ..... , "rejectable bananas" means bananas which are reiectable under Regu muons mace unuer uus ACt; "ship" means any ship engaged to carry exportable bananas; "vehicle" means any truck or other mechanical means of conveyance used during me cutting period to carry bananas to an IBD, "----.::;-- .~-- --------.::;-- ....... --.-. T Dn 111001 8 Chap. 58:41 Banana (Protection and Quality Control) Prohibition against the sale or purchase of rejectable bananas. Bananas to be dealt with in the prescribed manner. Exemptions from duties and taxes. Regulations. /1... \ 1-.~~ 1-..~~..." .........~ .................... ~ ~ ~ ~ A.:...: ~~ ~1O ri~~ '!!'!!,h~,.h +'h...", :: ~=} .:.~~ ~:.=.~-=..:::~...-.=.=.v~ :...=.=-~- ~.~-=.=.-=-=.::::: "':;:::';"" '; "::.""' == :'::..';:=;"="'J= :c::: ::..:::= :-:...:,,:--= ~::: ==::..:...:.:..:. ~;.~ licence was issued. 9. (1) During a reception period, rejectable bananas shall not be offered for sale to the Corporation or its agent or to buying companies or their agents and any such offer shall be rejected by the Corporation or its agents or by the buying companies or their agents respectively. (2) During a cutting period and within forty-eight hours before the commencement thereof, the Authority or its duly authorised agents shall have the right to mark or otherwise identify (without destroying any part ofthe bunch of) any rejectable bananas belonging to a grower. (3) Any person who without the permission of the Authority sells or offers for sale to the Corporation or its agents or to the buying companies or their agents any rejectable bananas the offer for sale of which was previously rejected under subsection (l) and any person who aids or abets the sale or offer for sale is liable on summary conviction to a fine of five hundred dollars. 10. (1) Subject to subsection (2), all exportable bananas shall be grown, harvested, processed, packed, handled and otherwise dealt with and transported in the prescribed manner. (2) The Authority may, in the interest of research or with the object of devising and testing new and improved methods of handling bananas, by licence under its common seal, exempt any grower, re search officer or other person from this section for the period specified in the licence. (3) Any person who contravenes subsection (1) is liable on summary conviction to a fine of five hundred dollars. 11. (1) All materials, equipment, stores, vehicles and other goods acquired by the Authority are exempt from import duty. (2) The income of the Authority is exempt from liability to mcoine lax. 12. (1) Subject to subsection (2), the Authority may make Regu lations relating to o anana IT fU£l::LUUf£ unu Quality Control) Chap. 58:41 9 (b) the proper treatment selection.. rejection .. processing.. packing, stacking, handling, storage and transportation of exportable bananas; (c) boxing plants, operations thereat and field packing; (d) any measures whatsoever to protect exportable bananas and to maintain and enhance the quality there; and (e) generally the better carrying out of the purposes of this Act. (2) Regulations made by the Authority shall have no effectuntil approved by the Cabinet and when so approved shall come into force on such date as may be specified in the Regulations; and as from such date, the Regulations shall have the same force and effect as if they were contained in and formed part of this Act. (3) The Banana (protection and Quality Control) Regulations (formerly contained in the Schedule to this Act) shall be deemed to have been made and approved under this section and shall come into force upon the passage of this Act and shall remain in force and effect until varied or revoked by other Regulations made and approved under this section. LR.D. /11995