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

10 [Subsidiary] Banana (Protection and Chap. 58:41 Quality Control) Banana (Protection and Quality Control) Reg ulations oC"'lTTT'ii,,("'lT.,T" ..... " .. ~.~.f:"I,. it. I""i""ni.-.... r iJUDiJ.lU.1.l-in. I LLui.uLfi I.1U1; BANANA (PROTECTION AND QUALITY CONTROL) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title. 2. Interpretation. 3. Boxing plants. 4. Boxing plant operations. 5. Field packing operations. 6. Inland buying depots. 7. Wharf and ship, loading operations. 8. Rejectable bananas. 9. Rejectable cartons. 10. Carriage of bananas generally. 11. Carriage of hands. 12. Carriage of bananas for delivery to reception depots. 13. Rejection of half of twenty or more cartons. 14. Revocation of licence. 15. Drop in wharfage assessment quality rating. 16. Harvesting before stipulated time. 17. Presenting rejected bananas. 18. Publication of particulars when licence is revoked. 19. Acting on behalf of grower whose licence has been revoked. 20. Intimidation or bribery of inspector. 21. Restoration of licence. UU'lU'lU \1 'Un;LUUH UHU Quality Control) Chap. 58:41 Banana (Protection and Quality Control) Regulations SUBSIDIARY LEGISLATION BANANA (PROTECTION AND QUALITY CONTROL) REGULATIONS made under sections 4(2) and 12 [3rd July 1986] 1. These Regulations may be cited as the BANANA (pROTECTION AND QUALITY CONTROL) REGULATIONS. 11 [Subsidiary] 15 of 1986. (Schedule). [23/1991]. Commencement. Short title. 2. (l) Words and phrases used in these Regulations shall have the Interpretation. meanings assigned to them in section 2 of the Act. [23/1991]. (2) In these Regulations "the Banana Standards Manual" means the book of instructions and regulations for boxing plant and field packing operations and bananaquality standard specifications and all amendments and revisions of and supplements to that book issued from time to time by the Authority; "bruise" in relation to a banana means an actively deteriorating dam aged tissue caused by the banana coming into contact with another object; "bunch" means a stem of banana complete with a stalk with its hands; "cluster" means a portion of a hand containing not less than four nor more than twelve contiguous fingers or such other number of fingers as may be prescribed by the Authority; "carton" means a box into which bananas are packed for export and which shall be as specified by the Authority; "crown" means the tissue which connects the hands to the stalk; "crown pad" means a chemically treated absorbent pad or such other material as may be prescribed by the Authority and used for covering the cut surface of me crown ill neid packing opera tions; "damaged" in relation to a hand or part thereof means having a finger or pedicel broken, bruised or ruptured by physical strain or contact; ~ ..:i "..J i~ H 1 1 ..-;;...... . -~.. ;. ;" ;:;;-; - ;;; ;;~.;: .;;;. , ;;; .,..,-;-.. L.R.o.l/1995 ounana irrotecnon ana 12 Chap. 58:41 Quality Control) [SubsidiaryI Banana (Protection and Quality Control) Regulations "fmger" means an individual banana fru.it complete 'vviL.~ skin and pedicel; "field pack manual" means the book ofinstructions and regulations for field packing ofbananas and all amendments or revisions ofand supplements to that book issued from time to time by the Authority; "flower" means the parts ofthe inflorescence attached to the end ofeach finger; "deflower" means the removal of the flower; "hand" means the total natural complement of fingers attached to and supported by the same crown; "holding" means any parcel of land on which bananas are grown for export and which is registered with the Corporation; "inspection" means inspection of cartons of bananas by servants or agents of the Corporation prior to purchase, and "inspected", "inspector" shall be construed accordingly; "licence" means a licence issued to a grower under section 8(2) of the Act; "part hand" means a portion of a hand having more than twelve fingers; "pseudostem"in relation to a banana plantmeans a false stem consisting of tightly packed leaf sheaths and which is functionally the trunk ofthe plantand which connects the aerial parts ofthe plant to its corm; "scar" means a cured bruise with or without callus tissue; "sleeve" means the polyethylene tube or other material used to cover the bunch while it is developing; "snapped" in relation to a banana plant means broken at the pseudostem or stalk; "stale bananas" means bananas which have been reaped or harvested before the commencement of a cutting period, or which have been harvested from toppled or snapped plants; terminates as the main axis of the bunch; i.UppiCU iii rcrauon tVa iJiiiiiiiiii praui means UpiUUieU OJ liie ageHCY Ui man or otherwise. Boxing plants. 3. (1) In exercising its discretion to grant to or refuse a grower a licence to erect. and OJ-,.'erale a boxinz plant, tIle Authoritv shall have oanana irrotecuon ana Quality Control) Chap. 58:41 13 Banana (Protection andQuality Control) Regulations [Subsidiary] regardto suchfactorsandcircumstances as arespecifiedhI the Bailana Standards Manual and mayhave regard to such factors and circumstances as the Authority considers to be relevant and in particular (a) the banana production of the growers holding - such banana production being normally expected to be at least four net tons per shipment; (b) the accessibility to vehicles of the proposed site for the erection ofthe boxing plantand for collection ofpacked cartons; and (c) availability ofwater whichin the opinion ofthe Author ity is considered to be adequate and suitable for boxing operations. (2) Every boxing plant shall be covered with waterproof roof ing material and must in the opinion of the Authority be adequate to protect from water and heat all box components and boxed bananas awaiting shipment. 4. (1) All exportable bananas shall be selected, processed and Boxing plant packed in the manner stipulated in the Banana Standards Manual and operations. shall be delivered to a reception station within thirty-six hours after the harvest thereof or within such period as the Authority may approve. (2) Before bananas are packed for export at a boxing plant, the following rules shall be observed unless otherwise stipulated by the Authority: (a) the bananas shall be dehanded and selected; (b) the hands or clusters shall be deflowered and washed; (c) the bananas shall be treated with a fungicide formula tion approved by the Authority and in a manner ap proved by the Authority; and (d) the bananas shall be finally selected for quality, and if rejectable, shall not be packed for export. \...Jj ...-.a...i-.i ;""-I'\.i.'-",1 tiiUiv va-Uu.iiiii3 uiiG.ii L'-V pu."'.i'1...vU iii a. va.i tVii Vi iJU""ii other manner approved hy the Authority. (4) Exportable bananas packed and awaiting transport to a TPf"'pnt1nn C't'.ltinn C'h<:111 ht=t ctnrl"Ar111nrl13r rlM.! 'lnrl BlaH ,!pnt~l':ltpr1 roAn{li~ "-'---'w.-'-"i-'~~"::"'" oJ"~~V""'''' .::>'.......~~ ~.r... u a,~ ...~~ ..........H •..l.~ .... 'io....i..i.J ~.i.io.....i. ~-.'i...".i. ~ ........... I""""'i...~"-... L'i.HH..... T. R o 11100<; tsanana (rrotection ana 14 Chap. 58:41 Quality Control) [Subsidiary] Banana (Protection and Quality Control) Reg ulations fS) Every boxing plant shall be maintained III a sanitary condi tion and after each shipment all trash, stalks and rejected bananas shall be removed from the boxing plant and the vicinity thereof. (6) Every boxing plant shallbe treated againstpests in amanner approved by the Authority. Field packing operations. 5. (1) A banana grower may apply to the Authority to be certified as a fieldpacker and the Authority may so certify ifitis satisfied that the grower's operations meet the standards and procedures prescribed by these Regulations and directions of the Authority. (2) A grower engaged in field packing shall adhere to the following: (a) in order toensure thatproperdisease andpestcontrol are maintained, field sanitation shall be of a high standard, in that proper weedcontrol, proper drainage and recom mended plant density shallbe maintained and,dead and drying leaves shall be cut off; (b) wheneverand whereverso requiredby the Authority, all bananas shall be deflowered and shall be sleeved; (c) a shed for the storage of empty and packed banana cartons shall be provided and the shed shall be con structedin amanner asset outhereunder or asotherwise approved by the Authority, that is to say (i) the shed shall be adequately protected to prevent the wetting of cartons and other materials by rain; (ii) the shed shall beconstructed in such manner as to allow free circulation of air for adequate ventila tion to prevent the overheating of fruit; (d) dehanding and packing of the bananas shall be carried out in a manner approved by the Authority; (e) only exportable bananas shall be selected for packing; from staining the bananas in a man.ner approved by U1.e Authority; (£) the cut surface of the crown must be treated in the Banana (Protection and Quality Control) Chap. 58:41 15 Banana (Protection and Quality Control) Regulations [Subsidiary] '--7 --- --------- ----- --- -----::;.-----~' ~---------- ------- ---- and sun and must be adequately ventilated; (i) the field packer shall comply with the instruction of the Authority in regard to the protection of the boxed bananas against the infestation by pests; (j) every field pack shed shall be maintained in sanitary condition and after each shipment all trash, stalks and rejected bananas shall be removed from the field pack shed and the vicinity thereof; and (k) every field pack shed shall be treated against pests in a manner approved by the Authority. 6. The inspection and handling ofcartons at inland buying depots Inland buying shall be carried out in the following manner or as approved by the depots. Authority: (a) fruit shall be carefully handled during inspection; (b) the diothene lining in the carton shall be replaced correctly after inspection; (c) cartons shall be handled carefully while being stacked and loaded on to vehicles; (d) pallets shall be used for stacking cartons; (e) cartons shall not be carried or stacked on their ends, on their sides or upside down; (f) the building and surroundings shall be kept in a sanitary condition; (g) the building shall be treated against pest in a manner prescribed by the Authority. 7. (l) The inspection and handling of cartons on the wharf and Wharf and ship, handling during the loading of the ship shall be carried out in the ~~:::~g opera following manner or as approved by the Authority: correctly after inspection; (c) cartons shall be handled carefully while making up r D n 11100, Banana (Protection and 16 Chap. 58:41 Quality Control) [Subsidiary] Banana (Protection and Quality Control) Regulations sides or upside down, either on the wharf or the ship; (e) cartons or pallets of cartons shall not be left standing uncovered in the rain; (f) where facilities allow, bananas shall be loaded on to the ship on pallets; (g) due care and attention shall be exercised by persons involved in transferring cartons, whether singly or on pallets from the wharfon to the ship to prevent the loss of or damage to the cartons; (h) where possible, cartons shall be stored on pallets on the ship. Where cartons are loaded singly, pallets shall be made up as the cartons are stowed; (i) cartons shall be made secure on the ship in a manner approved by the Authority; (j) cartons shall not be walked on except where necessary to load the last pallet. In this case, sheets of hardboard shall first be laid on top ofthe cartons to protect the fruit contained therein. (2) Wharves shall be maintained in sanitary conditions. (3) Wharves and ships shall be treated against pests in amanner and at intervals approved by the Authority. Rejectable bananas. 8. (1) A hand or cluster is rejectable (a) ifit contains less than four fingers ofexportable quality or such other number of fingers as prescribed by the Authority; (b) if it cannot be cut (if necessary) to form an acceptable cluster or clusters; (c) if all defective fingers thereof as described in ,mhTPmll~tlnn (?\ ~tp nnt TPmn\lpn ~nn thP h~nn f'lltlntn ~----o--~----,-/ --- ----------. -- --- --- ----- acceptable clusters; (iij u U IS ruarxeu WHiI rnuiupie spots wmcn renuer U (e) if it is marked by unsightly colourations, such as those from mst thrips, unless the blemish as seen on the ~\.4-r r \4. r v.",,,,, ...vr. \.4-r....... Quality Control) Chap. 58:41 17 Banana (Protection and Quality Control) Regulations [Subsidiary] (j) ifit is affectedby leafspotorotherdiseasetoL'1e extent that the fingers thereof are not properly formed or the pulp is soft either wholly or in part; (g) if the crown is cut appreciably smaller than its original size (excessivelypared) oris still attached to a piece of the main stalk; (h) if the fingers thereof are excessively curved or other wise mis-shapen, to the extent that proper packing is made difficult or if it contains twin fingers; (i) if the fingers of the outer whorl are less than the minimum length authorised by the Authority - such length being measured on the outside curve of the finger from the tip to the bottom of the pedicel where it joins the finger; (j) if it is not of the approved exportable grade; (k) ifit is stale; (l) if the fruit is noticeably soft or ripening; (m) if it is scorched by the sun or has deteriorated; or (n) if it is otherwise rejectableunder rules prescribed in the Banana Standards Manual. (2) Defective fingers are those which (a) are damaged; (b) are noticeably bruised; (e) are cut; (d) are markedly scarred; (e) have finger end rot; if) are markedly stained with dry latex in the case where bananas aredeliveredby boxing plantsor aremarkedly stained with dry or wet latex where bananas are field nacked: or. . (R) have other blemishes. q A I...,~rtnn of h~n~n~'i.: {c r.=dpi..t:.:ihlp :.:iftpi" ln~r~l~tlnn :.:it :.:i r,nYlnu Rejectable .-.". ~~'" ~~.",,,, ~-"- ~"'''' ~ ~u ...,. J== =~ = uj:"" ;..:. =~ = ~ .:':..:..:..:.o ... cartons.plant or at a reception depot (a) if it is badly packed, that is to say, if it is clear that the ~. ~ '" '" ~-'-' -' - - . - -~ - --- - nrol,.,. hnro I ", 11 1 1'0", • .-- ", +- +- .-- +-.--- .. - -..:;; - -.. - ..-.. - "'- -- . L.R.o.1I1995 18 [Subsidiary] Carriage of bananas generally. Chap. 58:41 Quality Control) Banana (Protection and Quality Control) Regulations (b) if the l1rJng paclcl1'1g material is absent, of the wrong type, dirty, discoloured,msurucient, excessive orwrunglyplaced; (c) ifit is underweight, that is to say, the contents ofthe standard carton weigh less than as prescribed by the Authority; (d) if it contains one or more soft or ripening fingers; (e) ifit is crushed, badly mis-shapen, excessively bulging, wet, or with the divider badly placed; (f) if one or more hand or clusters have serious defects; (g) if the ventilation of the carton is substantially impaired; or (h) if it is otherwise rejectable under rules prescribed in the Banana Standards ManuaL 10. (1) Where unpacked bananas are carried on any person's head to a boxing plant or to any other place where bananas are boxed, the bananas shall be carried on a padded container of a design which is acceptable to the Authority. (2) Bananas shall be protected from the sun and from injury by methods acceptable to the Authority, and under no circumstance should exportable bananas be stacked on the bare ground. (3) No exportable banana shall be loaded on to any vehicle unless provisions approved by the Authority have been made for the protection of the banana from bruises during its carriage in the vehicle. (4) The Authority shall have power to prohibit any unsatisfac tory practice in regard to the carriage, stacking or loading ofbananas in the circumstances referred to in this regulation. (5) Any vehicle carrying bananas shall comply with the follow ing requirements: (a) the loading floor of the vehicle shall be flat and rigid and as far as practicable shall have smooth rigid sides without projections and with tie beams to hold the sides hnnl" tnCTClIthor o IJonA the driver's cab from the load platform. (6) Bananas shall be carried in vehicles with due care and Banana (Protection and Quality Control) Chap. 58:41 BClTUl1Ul (Protection and Quality Control) Regulations men) shall ride or be permitted to ride on a vehicle and no more than three such footmen shall ride or be permitted to ride on the platform reserved for this purpose at the rear of the body of the vehicle. (8) Persons riding with the load shall on no account sit, stand or lean heavily on the load. (9) Loaded trucks shall not be parked in the sun for unreason ably long periods. (10) Bananas may be transported to boxing plants whether as bunches or as hands and by any method which maintains the quality of the bananas and is approved by the Authority. (11) Bananas intended for field packing shall not be transported on any vehicle. (12) The load shall be protected from the sun where cartons are being carried and they shall be protected from the rain by an approved cover. (13) Direct contact between the bananas and the body of the vehicle shall be avoided by the use ofappropriate and adequate padding approved by the Authority. (14) Padding shall be of such material as will not scratch or otherwise damage or adversely affect the bananas in their green or subsequent ripened state. (15) The hands of bunches shall be separated by soft pads to prevent hands from damaging each other. (16) Unless otherwise approved by the Authority the maximum height of packing bunches in a vehicle shall be eight tiers. (17) No article other than those used for the protection of the bananas as approved by the Authority shall be placed on any banana. 19 [Subsidiary] 11. (1) Hands may be carried in field boxes or other manner ~am.age of (2) Field boxes snan be properly stacked m the vetJ1cle as prescribed in the Banana Standards Manual. (3) Field boxes shall not t~~ stackc-d so that they make direct T D n t r t ruve 20 [Subsidiary] bananas for delivery to reception depots. Rejection of half of twenty or more cartons. Revocation of Ec-enc-e. Banana (Protection and Chap. 58:41 Quality Control) Banana (Protection and Quality Control) Regulations J'" .. " ... .. ...... .. • "1 f' \ \.!~h.,£"I~C' 0 .. r"J!~"H"'H"Y h"J!nt:J!""orJ,Q ~Q,£"Ir~rt f"n"" C'hH"~""'~"t 1"r!QF have sides and ifso, the sides shall be smooth and rigid with no internal projections or large gaps through which boxes might protrude. (2) Cartons shall be loaded on to the vehicle with care and cartons shall not be allowed to fall on to the floor or on other cartons. (3) Cartons shall be stacked so that the weight of the load is borne by the carton and not by the fruit within. Cross-stacking should be used as far as possible. (4) Cartons shall be stacked tightly with no gaps between them. If the width of the truck does not allow this, then a baffle board shall be placed to ensure a tight fit. (5) Cartons shall not be stacked on their sides or on their ends. (6) Cartons shall not be stacked more than ten layers high. (7) No person shall stand or sit and no heavy object shall be placed on stacked cartons such that the weight of the person or object is borne by the fruit therein. (8) If cartons are loaded on pallets, appropriate steps shall be taken to secure the stability of the pallet load. (9) The load shall always be fullycovered to protect it from both sun and rain. (10) Unloading shall be carried out with care. Cartons shall not be thrown on the vehicle floor or the ground or be made to slide along the floor of the vehicle. 13. Where any grower delivers a consignment ofmore than twenty cartons of bananas and at any time after the first twenty cartons are inspected more than half are rejected (a) the inspection shall be immediately discontinued and the remainder of the cartons refused; and IJ.., \ th~ rn.rnnr'lt';nn ~h'l111n-fr\l""n'l thCl (Trnnll~r';n H1r1t';nn- th'lt ],1C \ ~ I ~.- ~ . t'-.~••~•• U"~~ ....~.......- o' ~ .. ...... ··~·o ...~....u licence shall be revoked, if, under paragraph (a) his cartons deliveries. 14. The licence of any grower " "" , ~ ..." - -"- .. . -f,.,.i ........ ... ""'.., ............... ..... +-+- .... " ........ r.II ..... ........... I ..... +......... 1·// .... 1 .................. tsanana irrotecuon ana Quality Control) Chap. 58:41 Banana (Protection and Quality Control) Regulations (b) whose aeilvenes th.ereafter on three or more occasions within five consecutive deliveries have been refused under regulation l3(a), shall be revoked for six months. 15. (1) Where the wharfage assessment quality rating of a grower is below seventy per cent on three consecutive occasions when he has delivered bananas, a written warning shall be issued to the grower and his holding visited and remedial advice given to him. (2) If the advice given under subregulation (1) is not implemented within two receptions after the advice is given, the grower's licence shall be revoked for three months. 16. Where any grower harvests bananas before the time stipulated in the official announcement of a cutting notice or offers for sale bananas harvested before that time, his entire delivery shall be rejected and his licence shall be revoked for three months. 17. Where any grower delivers bananas which have previously been rejected, his entire delivery shall be rejected and his licence shall be revoked for three months. 18. The name, address, number and period of revocation of every grower whose licence has been revoked may be published by the Corporation in one of the newspapers of the State. 19. (1) Where the licence of a grower has been revoked any other grower who during the period of revocation (a) knowingly receives bananas from such grower; and (b) delivers such bananas to the Corporation for sale, shall have his licence revoked for a period equal to that of the grower whose licence had been revoked. (2) Where the grower to whom subregulation (l)(a) and (b) licence has been revoked his licence shall be revoked for six months. 21 [SubsidiaryI Drop in wharfage assessment quality rating. Harvesting before stipulated time. Presenting rejected bananas. Publication of particulars when licence is revoked. Acting on behalf of grower whose licence has been revoked. 20. Any grower who intimidates or bribes or attempts to intimidate Intimidation or . ~~cl or bnbe a banana inspector for the purpose ofinfluencing the inspection L.R.O.1I1995 22 [Subsidiary] Restoration of licence. Banana (Protection and Chap. 58:41 Quality Control) Banana (Protection and Quality Control) Regulations "f;hp i-;;niTV"\r~tinn Tn~" HTV" rPnr~C'~nt~t~n:n """lJ!ri~ tn ;t- hu ~ --- - - - --~----------- ---- - -~----- --;---~---~--""""'''-."----=-=- =-=-=-,,-,,-~",-- ~"'--- .:.~ ~--J ~ grower whose licence has been revoked and after considering all the circumstances, restore the licence of the grower.