Agricultural Produce Act

A GRICUL TURAL PRODUCE THE AGRICULTURAL PRODUCE ACT ARRANGEMENT OF SECTIONS C 1. Short title. Interpretation 2. Interpretation. 2A. Registration. Licences 3. Licences. 4. Application for licence. 5. Resident Magistrate to deal with application. 6. Refusal of licence. 7. Power of Resident Magistrate to suspend or revoke licence. 8. Clcrk to notify Police and Chief Inspector of issue of licence. 9. Duration of licence. 10. Notice board to be affixed to premises. 11. Produce Book to be kept. 12. Purchases of produce to be made on premises. 13. Production of licence for inspection. 14. Receipt to be issued to purchaser. 15. Issue of receipt books. Record and Returns of Deliveries of Specially Protected Produce I1 16. Contracts relating to specially protected produce to be recorded and returns of deliveries made. Curriers; Licensed Vehicles 17. Carrier's licence. 18. Use by carrier of vehicles to convey specially protected produce. [The inclusion of this page 1s authorized by L N 11 1/2005] 19. Identification of \.ehiclcs. 20. Book to be kept in \.ehiclc wl~cn in use. 21. Failure of dr iwr to keep book i ~ ! \.chicle an ottence. and offenccs by carrier. 72. Selectors and unllcenscd persons to account for possession of' spcclally protected produced 23. hlinister's powers. 21. Minister may alter or ~.c\.ol<e orders and rcgulatiolis 25 , Appointment of Inspectors Places for inspection, classification, etc.. of produce intended for export. Powcr of Inspector to enter plmnises. Penalties. Powers o f Inspector. Advisory Board. Inspcctor's decision final. 0 1 1 us pr~~bairdi . [Repoled by Acf 23 of 2004.1 Duty of Rc,' 'olstrar. Expenses 2nd salarics payable out of the Treasury. Offences 36. Offences. 37. Suinnlary trial. 38. Appeals. SCHEDULES [The inclusion o f this page is authorized by L.N. 1 1 1/2005] AGRICULTURAL PRODUCE THE AGRICULTURAL PRODUCE ACT Cap. 7. Acts 31 of 1995 S. 4. [Is[ August, 1926.1 23 of 2004. 1. This Act may be cited as the Agricultural Produce Act. Short title. Interpretation 2. In this Act- Inlerpretcl Lion. "agricultural produce" shall mean any of the kinds of produce mentioned in the First or Fourth Schedule or First any of the kinds of livestock or fish mentioned in the E:;;i;'c, Fifth Schedule; Schedule. Fi till Schedule. "agricultural warden" means a person appointed as such 23poo4 under the Praedial Larceny (Prevention) Act; s, z ( ~ ) . "cacao" means cacao beans, whether in the pod or pulp, or separated, and whether cured or uncured, ripe or unripe; "carrier" means any person who by himself, or by his servant or agent, conveys in a vehicle along a public road any specially protected produce but shall not include (a) a person who by himself or by his servant or agent conveys in his own vehicle any such produce owned by such person; or (5) a person who conveys in a vehicle any such produce for sale for local consun~ption in Jamaica; [The inclusion of this page is authorized by L.14. 1 1 1/2005] AGRICULTURAL PRODUCE "carrying on a trade or business" means any purchase or sale for the purpose of trade in produce although such purchase or sale occurs on one occasion only; "coffee" means coffee beans, whether in the cherry or pulp, or separated from the pulp, and whether cured or uncured, ripe or unripe; "coconut" means green or water coconuts, and ripe or dry coconuts in shell or peeled, also the kernel and copra; "consignor" means the owner or shipper, whether jointly or severally of agricultural produce, and includes any person authorized by such owner or shipper to ship agricultural produce. It also includes, in the case of a company, the managing director, manager, secretary or other principal officer of the company in the Island; "contract" means any agreement, arrangement or under standing, whether oral or in writing, and whether for a fixed or indeterminate period, whereby any person engages to sell or deliver specially protected produce to an exporter, or to any other person who buys or receives the same for delivery or sale to an exporter: Provided that the expression shall not include transactions in relation to specially protected produce for local consumption or for any local manufacture nor shall it include any casual sale or delivery to a produce dealer at licensed premises; "dealer" means any person holding a current licence under this Act; [The inclusion of this page is authorized by L.N. 1 1 1/2005] "exporter" means any person, firm or company carrying on the business of exporting from the Island specially protected produce; "fruit" means bananas and citrus fruit and any fruit which the Minister may declare to be fruit for the purposes of this Act; "inspected" means inspected under the provisions of this Act; "Inspector" means Inspector of Agricultural Produce; "licensed vehicle" means a vehicle in respect of which a licence is granted under section 17; "nutmegs" means nutmegs, whether in the pod or separated from the pod, whether cured or uncured, ripe or unripe, and mace; "place" means any place where any produce mentioned in the First or Fourth Schedule,or any fish or livestock mentioned in the Fifth Schedule, is grown, stored, reared, bought or sold; "premises" shall include any house, shop, depot, wharf, portion of a wharf, building, room or enclosed place approved by an officer appointed for the purpose by the Minister as a place for the purchase or sale of agricultural produce and any enclosed land appurten ant thereto, or used or occupied therewith; "prescribed" means prescribed by orders of the Minister or by regulations; F~rst Schcdul~ 1. ounh Schzdulz. Filth Schzdule. 22 2004 S 2 (c) [The ~nclusion of this page is authorized by L.N. 1 1 1;2005] ACRlCCZTUR4L PRODUCE "specially protected produce" means agricultural produce of any of the kinds specified in Class No. 2 of the First Schedule; "unmarketable fruit" means fiuit in such a bruised, damaged, poor or immature condition in the opinion of the Inspector at the time of inspection as not to be fit for shipment and to be prejudicial to the agricultural interests of the Island if shipped; "~.ehicle" means a mechanically propelled vehicle. Registration KegisIration. 2A.-(1) Every person carrying on the trade or business of 2 3 2003 S . : growing or rearing agricultural produce shall become registered with the Rural Ag:.icultural Development Authority. (2) 'The Minister may make regulations prescribing the procedure for registration under subsection ( I ) , the imposition of fees in relation thereto and any other matter connected therewith. Licences Licences. 3.-(1) Every person carrying on the trade or business of buying or selling, or of buying or exporting agricultural produce shall be required to take out a licence under this Act f ~ r each premises in which he intends to carry on such trade or business. 2312004 (2) A person may apply for a traveller's licence if that S. 4. person (a) carries on the trade or business of buying and selling, or of buying and exporting, agricultural produce; and [The inclusion of this page IS authorized by L.N. 11 1120051 A GRICUL TURAL PRODUCE 6.0 1 (b ) desires to buy any agricultural produce at any place other than on the premises for which that person holds a licence to buy or export agricultural produce. ( 3 ) A traveller's licence entitles the holder, his agent or 2sizoo4 servant so authorized, to purchase i n any parish in the Island, 011 S. 4 the premises of the grower or producer or by written or electronic form of communication ( a ) any agricultural produce meiitioned in the Fourth Fourlll Schedule or in any of the classes of produce n~entioned "'lcd"'C in the First Schedule; or Firs1 Schedule. ( h ) any fish or livestock mentioned in the Fifth Schedule. First Sclicdulc. (4) This section shall not apply to ( a ) the sale or export of agricultural produce grown on premises owned by a grower of agricultural produce and sold by that grower; or (b) a person who buys agricultural produce for domestic use. 4.-(1) Any person desiring a licence of any class men- Appllcatlon tioned in the First Schedule, or a traveller's licence, shall, ~!'~~ccllce before the sitting of the Resident Magistrate's Court of Sehedulc the parish wherein the premises in respect of which the application is made are situated and, in the case of a traveller's licence, of the parish wherein the applicant resides and at which his application is to be considered, deposit with the CoIIector of Taxes of the parish, in the case of a licence for Class 1, 2 or 3 of the First Schedule, the sum of two hundred and fifty dollars and in the case of a 3111995 S. 4. [The inclusion of this page is authorized by L.N. 11 1120051 6.02 AGRICULTURAL PRODL'CE traveller's licence, the sum of five hundred dollars. The Collector shall give a receipt for the amount so deposited, which receipt shall be produced for inspection at the sitting of the Resident Magistrate's Court. (2) Each applicant shall cause to be delivered to the Clerk of the Courts an application in writing for the licence, stating his name and residence in full, the class of licence desired, and the particular premises for which the same is desired; and each person intending to apply for a licence under this Act shall, ten days at least before the sitting of the Resident Magistrate's Court at which his application is to be considered, give notice in writing of such intention to the Chief Officer of Constabulary of the parish in which his application is to be made, and shall set forth in such notice ( a ) his name, address and occupation; (h ) the situation of the premises in which he proposes to buy or sell agricultural produce and the class of produce he desires to deal in; (c) whether he intends to deal in wet or dry produce or both; (d) whether his application is for an original licence or for the renewal of a licence; (e) that there is not any unsatisfied judgment against him in any Court of Judicature of this Island for misapplying, or not accounting for moneys entrusted to him for the purpose of enabling him to purchase agricultural produce; [The inclusion of this page is authorized by L.N. 11112005] AGRICULTURAL PRODUCE Cf) whether he has previously been refused a licence for any premises in the Island; (g) a recommendation in writing from a Justice of the parish, or from a member af the Parish Council, a minister of religion, or a householder paying direct taxes to the amount of ten dollars yearly. The Chief Officer of Constabulary shall make such enquiries as he may deem necessary, and shall endorse on each notice the result of his enquiries into the character of the applicant, and the correctness of the statements in the said notice, and shall forward such notice so endorsed, together with a certificate from the Inspector, which must be furnished by the applicant, that the applicant has a sufficient and suitable place for the storing, grading, and packing of produce, to the Clerk to be laid before the Resident Magistrate's Court at the sitting of the Court at which the application is to be considered and in every case in which his report is unfavourable to an applicant, the Chief Officer of Constabulary shall, if required by the Resident Magistrate, attend and afford such information on oath as may be required of him. (3) In the case of an application to deal in wet produce, each applicant shall forward together with his application to the Clerk of the Courts a certificate from the Inspector that he has made suitable arrangements for the curing of wet produce. [The inclusion of this page is authorized by L.N. 11 112005] AGRICULTURAL PRODUCE (4) Each applicant shall also cause to be delivered to the Collector of Taxes of the parish along with the deposit required by subsection (1) a certificate signed by the Chief Officer of Constabulary or a Justice of the parish in which the application is made that the applicant is able to read and write the English language and to keep the book required to be kept by a licensed produce dealer. (5) Notwithstanding the provisions of subsection (2) a licensed produce dealer may have his licence renewed from year to year on his giving notice to the Chief Officer of Constabulary for the parish of his intention to apply for such renewal and on the payment of the fees provided for such licences in section 4 (1) to the Collector of Taxes of his parish, and on his forwarding together with his application, to the Clerk of the Courts, in the case of a licence of Class No. 1, the certificate of the Inspector under subsection (3) where the applicant intends to deal in wet produce, and in the case of a licence of Class No. 2, the certificate of the Inspector prescribed by subsection (9) and also the certificate of the Inspector prescribed by subsection (7) where the applicant intends to buy citrus fruit. If, however, the Chief Officer of Constabulary or Chief Inspector or an Inspector satisfies the Resident Magistrate that the person claiming to have his licence renewed ought not to be licensed, the Resident Magistrate may refuse to renew such licence. First (6) A licence of Class No. 1 in the First Schedule Schedule. shall not authorize the selling or buying of any agricultural produce which is uncured or wet or in the skin, pod, cherry or husk [The inclusion of this page is authorized by L.N. 11 1/2005] AGRICULTURAL PRODUCE 9 (a) unless the applicant for the licence has satisfied the Resident Magistrate by the production of a certificate from an Inspector that he has suitable facilities for the curing of the said produce, which in the case of cocoa shall consist of proper means of drying by artificial heat, sliding trays or hand trays, and in the case of coffee, proper equipment including pulpers, fermenting tanks, an adequate water supply, and facilities for drying; and (b) the Resident Magistrate has noted on the he is so satisfied. licence that (7) A licence of Class No. 2 in the First Schedule First shall not authorize the buying of any citrus fruit unless the Schedule applicant for the licence has satisfied the Resident Magistrate, by the production of a certificate from an Inspector, that he has a sufficient and suitable storehouse for the storing, grading and packing of such produce, and the Resident Magistrate has noted on the licence that he is so satisfied. (8) A traveller's licence shall not authorize the pur chasing, otherwise than on premises duly licensed under this Act, of any agricultural produce of Class No. 1 in the First Schedule hereto, which is uncured or wet, or in the skin, pod, cherry or husk. (9) Notwithstanding anything in this Act contained a licence of Class No. 2 of the First Schedule shall not be [The inclusion of this page is authorized by L.N. 1 1 1/2005] AGRICULTURAL PRODUCE granted or renewed unless the applicant for the licence satisfies the Resident Magistrate by the production of a certificate from an Inspector that the premises in respect of which application is made are not situated so near to tlie bank of any river, stream or watercourse as to conduce to tlie spread of Panama Disease. licsidcnt 5. The Resident Magistrate shall openly hear, consider and Mayislratc lo dcal with deal with, all such applications presented as aforesaid. In every app~ica t io~~ . case in which the Resident Magistrate shall grant the application, the Clerk shall when the licence is confined to the premises in which the dealer carries on his business, issue a Sccond licence in accordance with Form A in the Second Schedule and Schcdulc. in any case in which the applicant applies for a traveller's licence, issue a licence in accordaiice with the Form B in the Second Schedule: Provided always, that any person who has been or shall be convicted of larceny or embezzlement, or receiving stolen property knowing it to have been stolen, or of any offence under any enactment for the time being in force relating to praedial larceny or any offence against any enactment for the time being in force relating to obeah, or who knowingly employs under his licence any person who has been convicted of any of the above offences, shall forfeit his licence, and be precluded for three years from obtaining or holding a licence under this Act. Refusal of 6. In every case in which an application for a licence licence. under this Act is refused, the Clerk shall give the applicant a certificate in writing of such refusal. Power of 7. A licence under this Act may at any time be sus Resident Magistrate to pend or revoked by the Resident Magistrate if after suspendor giving the holder thereof an opportunity of being heard the revoke licence. Chief Officer of Constabulary, or the Chief Inspector or an [The inclusion of this page is authorized by L.N. 111/2005] AGRICULTURAL PRODUCE Inspector satisfies the Resident Magistrate that the holder of the licence is not a fit person to hold such a licence. I I 8,-(1) Every Clerk who shall issue any licence under clerk to this Act shall forthwith notify the same to the Chief a n d c h e f Inspector and to the Chief Officer of Constabulary of the Fz$Af parish, and shall cause the name and address of the person ILcence licensed to be published in the Gazette. (2) The production of a copy of the Gazette contain ing any such notification, shall be prima facie proof that the person whose name appears therein is duly licensed under this Act for the current year. (3) The Chief Officer of Constabulary shall cause to be posted up at each Court House, and at each police station in his parish, a list of all persons licensed under this Act in such parish, showing the class of licence that has been granted, and the place at which the licensee is authorized to trade. no^.^) roilce 9. Subject to the provisions of section 7 every licence Durationof licence. which shall be granted under this Act shall commence on the 1st day of April in each year and shall, unless previously forfeited, expire on the 31st day of March in the immediately succeeding year : Provided that one moiety of the annual duty for a produce dealer’s licence may be paid half-yearly in advance on the 1st day of April and on the 1st day of October in each year. 10. Every licensed produce dealer shall affix and keep Notice affixed on some conspicuous place at the entrance of the premises specified in his licence, a board whereon shall topremises. be legibly painted in white letters and figures not less than three inches in height, his name in full, the number and class of his licence, and the words “Licensed to deal in board to [The inclusion of this Fage is authorized by L.N. 480119731 12 AGRICULTURAL PRODUCE Agricultural Produce", and the year in which the licence is issued, and such board shall not be exhibited after the expiration of the licence. Produce kept. Book'obc 1 1 . 4 1 ) Every licensed produce dealcr shall keep a book wherein he shall record in the English language at the time of purchase of any agricultural produce the date of such purchase, the description of such produce, the weight, number, grade according to the number of hands or quantity of such produce, the price paid for the same, the name and address of the person from whom he or any one on his behalf actually received such produce, the name and address of the owner of such produce, and where the receipt is of bananas, coconuts or citrus fruit, the place where and the person by whom such produce was grown or produced; and such book shall be open at all reasonable hours to inspection by any Justice, or any constable, or any person authorized under any enactment for the time being in force relating to przdial larceny, or an Inspector, who may take possession of such book for purposes of evidence or record : Provided that no person making such inspection as afore said shall communicate to any other person the information so obtained except (a) for the purpose of providing any evidence or information in relation to, and for the detection of, any offence, or suspected offence under this Act or any other enactment; (b) for any other purpose connected with the administration of Justice: Provided further that such inspection may be made, and such information so obtained may be communicated, either before or after any proceedings in relation to any offence or suspected offence have been commenced. me inclusion of this page ia authorized by L.N. 480/19731 AGRICtJL TURAL PRODUCE (2) Any person who conlmunicates any information obtained under this section in contravention of the provisions of this section shall be guilty of an offence. (3) The person making such inspection shall note in such book, the date of his inspection and shall sign his name to such noting. (4) Every person delivering any agricultural produce to a produce dealer shall furnish to such produce dealer his full name and address and the name and address of the owner or each of the owners of the produce delivered, and where the delivery is of bananas, coconuts or citrus fruit, the name of the place or places where and the person or persons by whom the produce was grown or produced. (5) In all proceedings in any Court of Justice the book to be kept under the provisions of this section and all entries therein shall be prima facie evidence of the matters therein recorded. 12.-(1) Any licensed produce dealer may personally, or Purchases ~ t . by any person in his employment, purchase and sell prodUC"' bc made on agricultural produce on the premises specified in his premises. licence. ( 2 ) A licence to purchase and sell agricultural produce shall be in accordance with Form A in the Second Second Schedule, where the licence is confined to the parish in Schcdule which the dealer carries on his business, and shall be transferable from place to place within the parish, subject to the approval of the Resident Magistrate, and shall be transferable from person to person, on the conditions to be complied with by the transferee, required in the case of the issue of a new licence under this Act. On the transfer of such licence, the transferee shall pay to the Collector of Taxes for the parish in which the licence is granted the sum of two dollars. [The inclusion of this page is authorzed by L.N. 11 1120051 AGRICULTURAL PRODUCE First Schedule. Second Schedule. Production of licence for inspection. Receipt to be issued to purchaser. 2312004 S. 5. (3) A separate licence shall be necessary for each separate class of produce, as set out in the First Schedule and for each separate set of premises used by a licensed produce dealer for the purchase or sale of agricultural produce: Provided nevertheless, that one or more licences, for different classes of produce, may be used on the same premises: Provided further that a bonaJide holder of a travdldr's licence, when purchasing agricultural produce other thnn at his licensed premises shall be entitled to purchase any of the classes of produce set out in the First Schedule by reason of such licence. (4) Where the licence to purchase produce is a traveller's licence, such licence shall be in accoydance with Form B in the Second Schedule, and shall be transferable within any parish in this Island. 13. Any Inspector, Justice, or constable may at any time require a dealer or any person acting as his agent to produce for inspection the licence of such dealer. 14.-(1) Subject to subsection (4) no person shall carry, on any water highway or public road, any agricultural produce unless such produce is accompanied by a receipt in accordance with subsection (2). (2) The receipt mentioned in subsection (1) shall be (a) in accordance with Form C of the Second Schedule; and (b) issued by (i) if the person purchases the produce, the vendor of the produce; (ii) in any other case, the grower of the produce. (3) Where a receipt is issued under this section to a licensed produce dealer [The inclusion of this page is authorized by L.N. 11 112005] A GRICUL TURAL PRODUCE 15 (a) such dealer shall keep the receipt along with the book mentioned in section I I (produce book) for a period not being less than six months from the date of such receipt; and (b) such receipt shall be deemed to form part of such book and all the provisions of this Act relating to such book shall apply to every such receipt. (4) This section shall not apply to a person who carries agricultural produce other than for purposes of trade or business. 15.-(1) Every person who is required to issue a receipt Issueof under section 14 (2) may apply for the receipt book mentioned in subsection (2) at any office of the Jamaica Agricultural 2312004 Society situated in- s. 5. (a) the parish in which the person resides; or (b) if the person is a licensed produce dealer, the parish in which he carries on business or in which his licence is issued. (2) The receipt book shall consist of a book of printed forms in accordance with Form C of the Second Schedule, with second Schedule. the leaves numbered consecutively in triplicate with printed numbers thereon and in which the second and third copies shall be impressions produced by means of carbon paper. (3) The Minister may make regulations prescribing the procedure for the application for, and supply of, receipt books and the imposition of any fees in relation thereto. Record and Returns of'Deliveries of Specially Protected Produce 16.-41) Every exporter, or produce dealer, who enters into a Contracts contract shall, within seven days after the making of any such ::!';; contract, complete the form of certificate in Form D in the protected Second Schedule and shall sign and transmit the same to the ~~~~~~d Deputy Keeper of the Records who shall file the same in a book and returns of deliveries made. [The inclusion of chis page is authorized by L.N. 11 1/2005] AGRICULTURAL PRODUCE to be kept for the purpose and such book shall be open to the public free of cost. (2) Every exporter, or produce dealer shall, during the currency of such contract, at the end of each quarter of every year, transmit to the Deputy Keeper of the Records a statement in writing specifying the nature and quantity of the specially protected produce sold or delivered to the exporter, or to any other person for sale or delivery to the exporter under such contract, and the Deputy Keeper of the Records shall deal with such statement as he deals with a certificate under this section. (3 ) This section shall not apply to Banana Contracts. (4) Any person who contravenes any of the provisions of this section shall be guilty of an offence. Carriers; Licensed Vehicles Carrier's 17.-(1) Every carrier shall apply for and obtain a carrier's licence. licence. (2) Application for a carrier's licence shall be made in writing to the Collector of Taxes for the parish in which the vehicle is kept for use on any public road and shall contain ( a ) the name and address of the applicant; (b) a description of the vehicle intended to be used to convey specially protected produce with the registered number thereot and ( c ) a declaration that the applicant is able to read and to write and to keep the book required to be kept by a carrier. (3 ) The Collector of Taxes shall, on being satisfied of the accuracy o f the particulars contained in the application, grant the licence. (4) The licence shall entitle the carrier by himself, his agent or servant, to convey along any public road in [The inclusion of this page is authorized by L.N. 11 1/2005] AGRICULTURAL PRODUCE 17 the vehicle specified in the licence specially protected produce, and shall be in the form in Form E in the Second Second Schedule. (5) Any person, other than a person referred to in paragraphs (a) or (6) of the definition of carrier in section 2, who conveys in a vehicle any specially protected produce along a public road without being licensed in that behalf, or who, being licensed in that behalf, contravenes any of the terms of the licence, shall be guilty of an offence. Schcdule. 18-41) Subject to the provisions of this section, a Useby specially protected produce along a public road other than ~ ~ ~ ~ ~ , , the vehicle specified in a current licence issued to him under grof;;? this Act. (2) The Collector of Taxes for the parish in which the carrier’s licence is issued may on written application by the carrier, made at any time during the currency of the licence, grant to the carrier a permit in writing to substitute the licensed vehicle by a vehicle specified in such permit. (3) Where a licensed vehicle is undergoing repairs, or is, by reason of damage thereto or mechanical failure thereof, unfit to convey specially protected produce, it shall be lawful for the carrier to use any other vehicle in substitution for the licensed vehicle : Provided that the vehicle substituted for the licensed vehicle may not be used for a period longer than fourteen days except under a permit granted under subsection (2). (4) Where the applicant requests in writing the Collector of Taxes to grant a permit enabling the applicant to use another vehicle from time to time during the currency of the licence, the Collector of Taxes shall grant the permit, carrier of carrier shall not use any vehicle for the conveyance of vehicles to [The inclusion of this page is authorized by L.N. 480/1973] 18 AGRICULTURAL PRODUCE Identifica tion of vehicles. Book to be kepi in vehicle when in use. and shall in such permit, specify the other vehicle in respect of which the permit is granted. (5 ) Any carrier who uses any vehicle in contraven tion of any of the provisions of this section shall be guilty of an offence. 19.41) Every vehicle used by virtue of a licence under section 17 shall have affixed on the right, or off, side thereof the words “Licensed for carriage” and next thereto the number of the licence of the carrier. The letters and number shall be at least three inches in height and shall be legibly painted in white on a dark ground. (2) Any carrier who uses any vehicle in contraven tion of any of the provisions of this section shall be guilty of an offence. 20.41) The driver, operator or person in charge of a licensed vehicle shall keep on, or in, such vehicle when in use a book wherein he shall record in the English language, at the time when he receives in such vehicle any specially protected produce, the name and address of each person from whom he, or any one on his behalf received such specially protected produce, the description of such produce, the number or quantity thereof, and in the case of bananas, the grade thereof according to the number of hands, and the name and address of the owner of such produce and the place where, and the person by whom, such produce was grown or produced. (2) Every such book shall be open to inspection by a Justice, or any constable, or any person authorized under any enactment for the time being in force relating to przedial larceny, or any Inspector, and such book when not in use on, or in, the vehicle shall be kept by the carrier under whose licence the vehicle is used. [The inclusion of this pBge is authorized by L.N. 480119731 AGRICULTURAL PRODUCE (3) Every person authorized under this section to inspect such book shall, on inspection thereof, note there in the date of his inspection and shall sign his name to such noting, and any person inspecting such book who communicates to any other person the information so obtained, except in the like circumstances and for the like purposes as information obtained from a produce dealer’s book under section 11 may be communicated under that section, shall be guilty of an offence. 19 21.-(1) Every driver, operator or person in charge of Failureof a licensed vehicle who fails to keep the book as required keepbook by section 20 or to produce the same for inspection when :zk2k driver to and offences by carrier. lawfully required so to do, shall be guilty of an offence. (2) Every carrier shall be guilty of an offence (a) if he fails to produce the book required to be kept by this Act for inspection when lawfully required so to do; (b) if any vehicle used by him is found in use with out the book required to be kept by this Act being on or in such vehicle; (c) if the book required to be kept by this Act does not contain an accurate record of any matter required to be recorded therein; (4 if the person in charge of the licensed vehicle is unable to keep the book as required by this Act. Possession of Specially Protected Produce by Unlicensed Persons 22.41) Whenever any person- Selecton and un persons to account for pcssessjon protected (a) not having a traveller’s licence under this Act, licensed (b) carries on a trade or business of buying or selling O f ~ P e c d b any specially protected produce or is, or has been prod,,= selects any specially protected produce; or me inclusion of this m e is authorized by L.N. 480119731 20 AGRICULTURAL PRODUCE in possession of any specially protected produce without having a current licence under this Act, it shall be lawful for any constable, or person authorized under any enactment for the time being in force relating to przdial larceny, or any Inspector, to request such person to account to him by what means such person came by such specially protected produce, and, if any such person shall refuse or fail to comply with such request, or shall give an account which is false in any particular, he shall be guilty of an offence: Provided that the provisions of this section shall not apply to a grower of specially protected produce selling such produce grown upon his own property or to a person buying such produce for local consumption in Jamaica. (2) For the purposes of this section a person selects specially protected produce who receives, checks or chooses, on behalf of a licensed dealer, or for the purpose of delivery to a licensed dealer, any such produce otherwise than on premises licensed under t h i s Act or on a vehicle licensed thereunder. Powers of rhe Minister Minister’B 23. It shall be lawful for the Minister from time to time (U) by order, to remove any of the articles of agricul tural produce from the First Schedule, or from one class of the said First Schedule to another, and also in like manner to add any other article or articles of agricultural produce to any class in the said Schedule, and thereupon this Act shall take effect with regard to such articles respectively, as if they had been originally omitted or included in the said Schedule; (b) by order, to prescribe that any person packing any kind of agricultural produce specified in the Third and Fourth Schedules (save and except bananas), powers. First Schedule. Third Fourth schedule. Schedule. inclusion of this page is authorized by L.N. 460/19731 AGRICULTURAL PRODUCE to be designated in such order, for exportation for the purposes of trade from this Island, in any closed package, or bag or container, and any person exporting such produce for the purposes of trade, shall respectively register for the purposes of this 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” immedi ately above the same; and to prohibit the exporta tion of any such produce not so marked : Provided, that any packer or exporter who has already registered under any such enactment more than one trade mark, shall, if he so pleases by written notice to the Registrar-General, select one of such trade marks as the trade mark required by this Act : Provided also, that if the same person packs and exports, he shall register one trade mark for all such produce as aforesaid, packed and exported by him : Provided also, that nothing herein contained shall prevent any packer or exporter as aforesaid, from registering and at his pleasure using other trade marks, in addition to one trade mark so registered as aforesaid, the use of which by such packer or exporter in respect of such produce as aforesaid, is made compulsory : Provided also, that the words “person packing any kind of agricultural produce” as used in this subsection, shall not include or apply to any work [The inclusion of this page is authorized by L.N. 480/1973] 21 T 22 AGRICULTURAL PRODUCE Fuurth Schedule. Fourth Schedule, man, or servant employed by and working under and in accordance with the directions of a person who has a trade mark registered, as a packer, as required by this subsection, or under any order made in pursuance thereof, and who shall be responsible for, and shall mark every package packed by such workman, or servant, with a representation of his employer’s trade mark, as required by this subsection; (c) by order, to add to or remove from the Fourth Schedule any article of agricultural produce intended to be exported from this Island and there upon this Act shall take effect with regard to such articles respectively as if they had originally been added to or omitted from the said Schedule; (6) to make regulations prescribing the necessary forms for books or records, which dealers and agents are required to keep under this Act, or any rules made thereunder; (e) to make such regulations modifying or dispensing with any of the requirements of this Act with respect to any application for so doing, or as may be found necessary to give full effect to the provisions of this Act; ( f ) to make regulations prescribing or altering the fees payable for the registration of trade marks to be placed on packages of produce exported; (g) to make regulations with respect to the inspection, grading, classification and marking of any article of agricultural produce, specified in the Fourth Schedule, intended to be exported from this Island; (h) to make regulations prescribing the forms of certificates of inspection, grading, classification me inclusion of this pwe is authorized by L.N. 480/19731