Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (No. 1 of 2017)

1. This Act may be cited as the Jamaica Agricultural Commodities Short title Regulatory Authority Act, 2017, and shall come into operation on a ::~mence- day to be appointed by the Minister by notice published in the Gazette. ment. 2 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 Interpretation. 2. In this Act, unless the context otherwise requires- "Appeal Tribunal" means the Regulated Agricultural Commodities Appeal Tribunal established by section 35; "appointed day" means the day appointed by the Minister under section 1 for the commencement ofthis Act; "Authority" means the Jamaica Agricultural Commodities Regulatory Authority established by section 3; "Board" means the Board ofDirectors of the Authority established by section 6; "buy" includes exchange or barter (whether for goods or services) and any agreement to purchase, exchange or barter; "cocoa" means the fruit of the Theobroma Cacao and its allied species, whether- (a) in the pod orin the form of pulp or separated; (b) wet or dry; ( c) fermented or unfermented; (d) ripe or unripe; or ( e) cured or uncured; "chairman" means the chairman of the Board of the Authority; "cocoa products" means any product made wholly or in part from cocoa; "coconuts" means mature coconuts (that is to say, the type known as dry coconuts) and water coconuts (that is to say, the type known as jelly coconuts); "coconut products" includes- (a) copra; (b) coconut oil; and (c) anyproductmadewhollyorinpartfromanypart ofthe coconut, including edible oils; The Jamaica Agricultural Commodities [No. ] Regulatory Authority Act, 2017 "coffee" means the plant botanically known as co.ffea species, the fruit (whether on the plant or detached therefrom) and coffee beans, whether- (a) whole or broken; (b) in the cherry or pulp or separated from the pulp; (c) cured or uncured; (d) ripeorunripe; (e) in the form of parchment, double husk, or clean; (f) dried or undried; (g) washed or unwashed; (h) fermented orunfermented; or (i) roasted or unroasted; "coffee blend" means the mixing of different types of coffee so that one brand of coffee constitutes at least thirty per cent of the blend or as otherwise specified in the regulations; "coffee product" includes- (a) anycoffeeblendorcoffeeproducts, whether from Jamaica or from any other country or combination ofcountries;and · (b) any product made wholly or in part from coffee; "commercial significance" in relation to a regulated agricultural commodity- (a) in sections 15(3) and 16(2), has the meaning specified in Part B of the Fifth Schedule; and Part B. Fifth Schedule. (b) in section 16(1 )(b ), has the meaning specified in Part A of the Fifth Schedule; Part A. Fifth Schedule. "condition" in relation to an authorization, includes a limitation or restriction; "dealer" means a person who is licensed under this Act to carry on the business of buying or selling a regulated agricultural commodity; 4 [No. The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 "Director-General" means the Director-General appointed under section 9; "document" means in addition to a document in writing, any thing or manner in which information of any description is recorded or stored; "functions" includes duties and powers; "inspector" means any person so appointed by the Authority under section26; "licence" means a licence, import permit, export permit or other authorization granted under section 17(3)(a); "licensee" means a person to whom a licence is granted under this Act; ''nursery'' means any place utilized for the cultivation ofthe seedlings or plant of a regulated agricultural commodity in commercial quantities; "premises" includes vehicles, aircrafts and ships that are being used to transport regulated agricultural commodities; "regulated agricultural commodity" means any agricultural First commodity specified in the First Schedule; Schedule. "regulations" means any regulations made under this Act; "sell" includes exchange or barter whether for goods or services and any agreement or contract to sell, exchange or barter; "special coffee dealer" means a person who is licensed under this Act to trade in roasted coffee utilizing his own label; "substitute" means- (a) in relation to coconut- (i) edible oil or edible fat, except oil or fat from animals; (ii) any oil or fat producing item set out in Second the Second Schedule; or Schedule. (Iii) soap made wholly or in part from oil or fat, The Jamaica Agricultural Commodities [No. ] 5 Regulatory Authority Act, 2017 except liquid or powdered detergent, whether produced locally or imported into the Island; (b) in relation to any other regulated agricultural commodity, a product that is- (i) put on the market; and (ii) used in place of or as an alternative to a regulated agricultural commodity. PART II-The Jamaica Agricultural Commodities Regulatory Authority Establishment and Functions 3.--( 1) For the purposes of this Act, there is established a body to Establishment th 1 be known as the JamaicaAgricultural Commodities Regulatory Authority, oAfgr1cu e am t aica 1 ura 1 which shall be a body corporate to which section28 ofthe Interpretation Commodities Act applies. Regulatory Authonty. (2) The provisions of Part I of the Third Schedule have effect Part 1. rd as to the financial provisions ofthe Authority and otherwise in relation Tshhi d c e u1e. to the Authority. 4.--(1) The functions of the Authority are to-- Functions of Authority. (a) promote interest, growth and efficiency in the development ofthe regulated agricultural commodities industry in Jamaica; (b) provide technical advice to the Minister and to persons engaged in the regulated agricultural commodities industry; (c) establish, prescribe and enforce standards of quality, handling, grading, export and import for regulated agricultural commodities; (d) specify the varieties of regulated agricultural commodities which may be cultivated or manufactured in Jamaica for export or for local trade or which may be imported into Jamaica; (e) initiate consultations and other services within the regulated agricultural commodities industry in Jamaica; 6 [No. The Jamaica Agricultural Commodities Regulatory Authority Act, 201 7 (f) subject to subsection (2), grant licences and certificates of registration; (g) subject to subsection (2), allocate quotas of regulated agricultural commodities that may be exported or imported during any period by licensed exporters or authorized importers under this Act; (h) intervene in disputes pertaining to the regulated agricultural commodities industry and initiate and engage in arbitration, mediation or other forms of alternative dispute resolution to resolve such disputes; and (i) perform such other functions pertaining to the regulated agricultural commodities industry as may be assigned to it, from time to time, by the Minister under this Act or by or under any other enactment. (2) The Minister may, on the advice of the Authority, approve the grant of import permits or other authorizations, as the case may be, for the importation of any regulated agricultural commodity and substitutes into Jamaica (3) In performing the functions specified in subsections ( 1) and (2), the Authority may- (a) establish procedures and develop, implement and monitor plans and programmes relating to the regulated agricultural commodities industry; (b) formulate standards and prescribe codes of practice to be observed for the improvement of the regulated agricultural commodities industry generally; (c) charge fees for services provided by or on behalf of the Authority; (d) undertake, foster and coordinate, where possible, studies and scientific research in respect of regulated agricultural commodities and apply the results of such research in the development ofthe regulated agricultural commodities industry inJamaica; The Jamaica :Agricultural Commodities 7 Regulatory Authority Act, 2017 (e) consult with other agencies ofGovernment that have fimr-ti, nn in relation to regulated agricultural commodities; (f) make regulations in accordance with section 37; and (g) do all such things as the Authority considers necessat: expedient for the purpose of carrying out its functions.

5.-(1) The Authority may delegate, in writing, anyofits fundirm· 1 Hq:at1on. under this Act, other than the power to make regulations and the pl,, ·',:i of delegation, to the Director-General or to any other member, offic.,x; employee or agent of the Authority. (2) A delegation ofany function under subsection ( 1) is revoc.ahk by the Authority and the delegation shall not preclude the perform an,:,~ of that function bytheAuthority. Board ofDirectors

6.-(1) For the purposes of this Act, there is established a B,)ard nt E,tabiiohmcni nf Pn'lt·l Directors of the Authority. (2) The provisions of Part II of the Third Schedule sh'111 ;,a 11 • · l'.1' •,. ';···,t effect in relation to the constitution and procedures of the Boat d

7.-(1) Subject to the provisions of this Act, the Board shall h~ . 11·-j( t;0,s of th,: board. responsible for the policy, strategic direction and governance oftr.,· Authority. (2) In the performance ofits functions, the Board shall -- (a) monitor the administrative operations ofthe Authority, (b) advise the Minister on matters of general policy relati,·:c · .- the management, development and encouragement r,f _ efficient, regulated agricultural commodities industry; (c) ensure that the Authority receives and manages funds in<=' prudent manner; and (d) do all such things as the Board reasonably consid,,rs necessary or expedient for the purpose of carrying out it'- functions. 8 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 Minister may 8. The Minister may, after consultation with the chairman ofthe Board, give directions to give to the Board directions in writing of a general character as to the Board. policy to be followed by the Board in the performance of its functions, as appear to the Minister to be necessary in the public interest; and the Board shall give effect to the directions. Director-General Appointment 9.-{1) Subject to subsections (2) and (3), the Board shall appoint of Director- General. a Director-General of the Authority, at such remuneration and on such terms and conditions as the Board deems appropriate. (2) The Director-General shall be an individual who-- (a) possesses the knowledge, skills and experience which are necessary for the intended functions to be carried out by that individual: (b) is able to exercise competence, diligence and sound judgment in fulfilling his functions; (c) appears to the Board to be a person of integrity; and (d) has not been convicted of any offence involving fraud, dishonesty or moral turpitude. (3) Subsections (2), (3) and (4) of section 11 apply, mutatis mutandis, to the office of Director-General. Functions of 10. The Director-General shall be responsible for the day-to-day Director- General. administration and management ofthe Authority which shall include- (a) the planning, organizing, controlling, directing, supervising and coordinating of the activities of the Authority, in the performance ofits functions conferred by this Act; (b) the development of the programmes, performance targets and any service or other standards of the Authority for the approval ofthe Board; (c) the implementation ofprogrammes, petformance targets and services referred to in paragraph (b); The Jamaica Agricultural Commodities [No. ] 9 Regulatory Authority Act, 2017 (d) the preparation and submission of the strategic, corporate and other plans for the approval of the Board; (e) ensuring administrative support for the Board and any committee established under paragraph 16 of Part II of the Part ll. Third Third Schedule, as may be required; Schedule. (f) ensuring that the Board is kept informed of matters relevant to the administration and management ofthe Authority; and (g) the performance of such other functions as are conferred upon the Director-General by or under this Act or any other enactment. Administration 11.--( 1) For the proper carrying out of the provisions of this Act, Appointment the Authority may appoint and employ to any office in the Authority, ::iployment such other officers or employees, at such remuneration and on such of other officers and terms and conditions as the Authority deems necessary. employees. (2) Except with the prior approval of the Minister responsible for the public service-- (a) no salary in excess of the prescribed rate shall be assigned to any officer or employee; and (b) no appointment shall be made to any office to which a salary in excess of the prescribed rate is assigned. (3) For the purposes of subsection (2), the prescribed rate shall be such rate as the Minister responsible for the public service may prescribe, by order subject to affirmative resolution. (4) The Governor-General may, subject to such conditions as he may impose, approve the appointment of any officer in the service of the Government to any office with the Authority; and any officer so appointed or while so employed, in relation to other rights as a public officer, shall be treated as continuing in the service of the Government. (5) The Director-General shall consult with the Board in establishing the qualifications for the various offices within the Authority and shall advise the Board on all appointments to fill the offices. 10 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 Pensions, 12. The Authority, with the approval ofthe Minister responsible for gratuities and other the public service in consultation with the Minister- retirement benefits. (a) may enter into arrangements or make regulations respecting schemes, whether by way ofinsurance policies or otherwise; and (b) shall make provisions for- (i) medical benefits; (ii) pens10ns; (iii) gratuities; and (iv) other retirement benefits or disability or death benefits, relating to officers and employees ofthe Authority; and the arrangements, regulations or other provisions may include the grant ofbenefits to the dependents and the personal legal representatives of the officers and employees. Obligation of 13.-{l) Every person having an official duty or being employed in secrecy. the administration ofthis Act shall- (a) regard and deal with as secret and confidential all information, books, records or documents relating to the functions ofthe Authority obtained by him in the course ofthe performance of his duties or otherwise; and (b) be bound by the provisions of the Official Secrets Act. (2) A person to whom information is communicated by a person in subsection ( 1) shall regard and deal with the information as secret and confidential. (3) A person who contravenes subsection ( 1) or (2) commits an offence under this Act and is liable on summary conviction in a Parish Cowt to a fine not exceeding one million dollars and, in default ofpayment of the fine, to imprisonment for a term not exceeding twelve months. The Jamaica Agricultural Commodities [No. ] 11 Regulatory Authority Act, 2017 (4) Notwithstanding subsections ( 1) and (2), a person may disclose information in any of the follo\ving circumstance- (a) pursuant to a court order; (b) on the prior written request of the Minister responsible for finance to the Assets Recovery Agency established under section 3 of the Proceeds of Crime Act, to facilitate the investigation of any criminal offence; (c) to an officer of the Authority who is so authorized; (d) to the Registrar of Companies appointed under the Companies Act; (e) to the Commissioner General appointed under the Tax Administration Jamaica Act; or (f) where such disclosure is permitted by any other enactment. PART III-Management of Regulated Agricultural Commodities 14.--( 1) Subject to section 16 and except under and in accordance Restriction on dealings in with this Act and the regulations, a person shall not- regulated agricultural (a) manufacture, distribute, or process a regulated agricultural commodity. commodity or its substitute; (b) export or import a regulated agricultural commodity or its substitute; (c) operate works related to a regulated agricultural commodity; (d) establish or operate a nursery for a regulated agricultural commodity; or (e) operate as a dealer or a special coffee dealer. (2) Subsection (1) shall not apply to the wholesale or retail selling of a regulated agricultural commodity that was bought from a licensee, if the purchase is made in the ordinary course of business. (3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction in a Parish Court to a fine 12 [No. ] The Jamaica Agricultural Commodities Regulatory Authority A et, 2017 not exceeding three million dollars or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment. Application for licence. 15.----( 1) Every person who carries out or intends to carry out any of the activities referred to in section 14( 1) shall apply in the prescribed form and manner, to the Authority for the appropriate licence. (2) An application under subsection ( 1) shall be accompanied by the prescribed application fee, which shall be non-refundable. (3) Every person who grows or intends to grow a regulated agricultural commodity in a quantity that is of commercial significance shall apply in the prescribed form and manner to the Authority for a certificate of registration. Exemption. 16.-(1) Every person who carries out an activity referred to in section 14(1) shall be exempt from the provisions of this Act if the activity utilizes or yields a quantity ofthe regulated agricultural commodity that is- (a) sufficient for consumption by that person and his household only; or (b) too small to be of commercial significance. (2) Every person who grows or intends to grow a regulated agricultural commodity in a quantity that is not ofcommercial significance shall be exempt from the provisions ofthis Act. (3) Notwithstanding section 14, a regulated agricultural commodity may be imported into or exported from Jamaica otherwise than under a licence granted under section 17- (a) in a quantity not exceeding the prescribed amount when carried in the personal baggage of a passenger; or (b) in a quantity not exceeding the prescribed amount when sent by post, by sea or by air as gift parcels or bonaft.de samples. Grant or 17.-(1) Upon receipt of an application under section 15, the refusal of licence. Authority shall cause an inspector to carry out an inspection ofpremises to which the application relates. The Jamaica Agricultural Commodities [No. ] Regulatory Authority Act, 2017 (2) The inspector shall submit to the Authority a report in the prescribed form in respect of an inspection carried out under this section, and may make general comments or recommendations thereon. (3) Upon receipt of the report and any written comments or recommendations of the inspector, the Authority may- (a) subject to subsections (4) and (6), grant a licence in the Fourth form set out in the Fourth Schedule, upon payment of the Schedule. prescribed licence fee; or (b) refuse to grant a licence on any of the grounds set out in section 18. (4) A licence granted under this section- (a) shall be for a period of three years; and (b) may be made subject to the terms and conditions, as the Authority may specify in the licence. ( 5) Where the Authority refuses to grant a licence, the Authority shall inform the applicant of- (a) its decision in writing, stating the reasons for the decision; and (b) the right of appeal conferred by section 3 5. (6) Licence fees prescribed under subsection (3) may be paid annually in three equal instalments on the grant and subsequent anniversaries of the grant of the licence. (7) Every licensee shall comply with the health and food safety standards specified in the Sixth Schedule and with such quality standards Sixth Schedule. and health and food safety standards prescribed, from time to time, under section 3 7 or under any other enactment.

18. The Authority may refuse to grant a licence under this Act- Grounds for refusal of (a) where, in the opinion ofthe Authority, the grant ofthe licence licence. would not be in the public interest, having regard to such factors as the Authority considers relevant, including the geographical location or intended geographical location in which the regulated agricultural commodity is to be cultivated; 14 [No. The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (b) where an application contains or is based on a false or misleading representation or infomiation which is false in a material particular; (c) to an individual who-- (i) is under the age of eighteen years; (ii) is an undischarged bankrupt; or (iii) has been convicted of an offence involving fraud, dishonesty or moral turpitude or an offence under the Dangerous Drugs Act (other than an offence which attracts a sentence of imprisonment of not more than five years) during the period of three years immediately preceding the application for a licence; (d) to a body corporate in respect of which- (i) a resolution has been passed for its voluntary winding up; (ii) an order has been made by a court of competent jurisdiction for its winding up; (iii) a receiver or a trustee within the meaning of the Insolvency Act has been appointed to manage any ofits assets; (iv) any of its directors has been convicted of any offence involving fraud, dishonesty or moral turpitude, or an offence under the Dangerous Drugs Act (other than an offence which attracts a sentence of imprisonment of not more than five years) during the period ofthree years immediately preceding the application for a licence; or (v) there is failure to notify the Authority of the readiness and suitability ofits premises or business to which the application relates. The Jamaica Agricultural Commodities [No. ] 15 Regulatory Authority Act, 2017 19.-{ I) A licence may be renewed by the Authority, if- Renewal of Iice nee (a) an application for renewal of the licence is made in the prescribed form, at least ninety days before the date of its expiry or, within such shorter period as the Authority may specify; (b) the Authority is satisfied that the licensee is operating in compliance with the provisions of this Act or the regulations (including the payment of all current and outstanding prescribed fees); (c) there has been no material change in the circumstances which existed at the time when the licence was granted, which would justify the application for renewal being treated as a new application in the manner specified in subsection (3 ); and (d) the applicant has not been convicted of an offence under this Act or the regulations or, in the case of a body corporate, a director, the manager, the secretary or other officer of the body corporate, has not been so convicted. (2) Where the Authority receives an application for the renewal of a licence after the period specified in subsection (1)( a), the Authority may impose a late fee in addition to any prescribed renewal fee. (3) Where the Authority is satisfied that a material change of circumstances has occurred since the licence was granted, the Authority shall treat the application as a new application and, accordingly, the provisions of sections 15, 16 and 17 shall apply.

20. The Authority shall not grant a licence retrospectively. Prohibition on issue of licence retrospectively.

21. A licence granted under this Act shall not be transferable to Licence not transferable. another person.

22.-( 1) A licensee may apply to the Authority for the variation, Variation, modification, modification or surrender of the licence, stating in writing the reasons etc., of licence. for the application. 16 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (2) In considering whether to vary or modify an application made under subsection ( 1), the Authority shall have regard to the matters specified in section 18. (3) After consideration of the matters specified in section 18, the Authority may- (a) vary or modify the licence, subject to such terms and conditions as the Authority may specify in the licence; or (b) refuse to vary or modify the licence. Suspension of 23.--( 1) Subject to subsection (2), the Authority may suspend a licence. licenceif- (a) the licensee has failed to pay any fees or other charges required to be paid by this Act or the regulations; (b) the licensee is in breach of- (i) any provision ofthis Act or the regulations; or (ii) any term or condition subject to which the licence is granted; (c) it is satisfied that it is not possible for the Authority to carry out a proper inspection as required under this Act; (d) an inspector reports to the Authority that the licensee is producing regulated agricultural commodities that- (i) fail to achieve any quality standard or health and Sixth food safety standard prescribed in the Sixth Schedule. Schedule, elsewhere in this Act, the regulations or any other enactment or are otherwise not in compliance with this Act or the regulations or any other enactment; or (ii) the regulated agricultural commodity so produced may adversely affect Jamaica's reputation in relation to the production of that regulated agricultural commodity; or The Jamaica Agricultural Commodities [No. ] Regulatory Authority Act, 2017 (e) the licensee notifies the Authority, in writing, that the licensee intends to cease the operations for which he is licensed for the period stated in the notice. (2) Before suspending a licence under subsection ( 1) the Authority shall notify the licensee, in writing, of the proposed suspension- (a) stating the reasons for the suspension; (b) requiring the licensee, in the case of a breach that is capable of being remedied, to remedy the breach within the time specified in the notice; and (c) of the right ofappeal conferred by section 35. (3) Where a licence is suspended and the breach can be remedied, the suspension shall not take effect until the expiration of the period specified in the notice under subsection (2). (4) A licensee who is served with a notice under subsection (2) shall, after remedying the breach which gave rise to the suspension, notify the Authority in writing that the breach has been remedied. (5) The Authority shall, upon receipt ofa notice referred to in subsection (4 ). cause an inspection to be carried out within fifteen days of the receipt of the notice and if, upon inspection, the inspector is satisfied that the breach has been remedied, the inspector shall report in\\ riting to the Authority and. upon the Authority ratifying the inspector ·s recommendation. the Authority shall withdraw the notice of suspension. 24.----{ 1) The Authority may revoke a licence ifit is satisfied that- Re, ocation or licence. (a) a licensee has ceased to comply with the provisions of this Act or the regulations in relation to a regulated agricultural commodity; (b) the application for the licence contained false or misleading info1mation in a material particular; (c) the licensee has failed to remedy the breach which gave rise to the suspension of the licence under section 23. within the time specified in a notice under subsection (2)(b) of that section; or 18 (No. The Jumuica Agricultural Commodities Regulatory Authority Act, 2017 (d) any fee or other charge payable by the licensee remains unpaid for a period of sixty days after the suspension of the licence. (2) Before revoking a licence under subsection ( 1), the Authority shall notif) the licensee in\\Ti ting of the proposed revocation, stating the reasons for the proposed revocation and the right of appeal under section 35. (3) Where a licence is revoked pursuant to this section the licensee shall return the licence forthwith to the Authority. ( 4) A person who fails to return a licence that has been revoked under this section to the Authority commits an offence and is liable on summary com·iction in a Parish Court to a fine not exceeding five hW1dred thousand dollars and, in default of payment of the fine, to imprisonment for a term not exceeding six months. 25.--( 1) The Authority shall keep a record of every licence granted under this Act. (2) Every licensee shall keep such books, records or other documents as may be prescribed. .-\pp\lllllll1Clll 26.--( 1) The Authority may, from time to time, appoint as inspectors ,,t 111,pcctur, for the purpose of this Act, public officers or other persons who, by reason of training and experience, are, in the opinion of the Authority, qualified to be so appointed. (2) The Authority shall cause a notice of every appointment under subsection ( 1) to be published in the Gazette. (3) The Authority shall issue each inspector with an identification card in the prescribed form. (4) An inspector shall upon entering any place for the purpose of carrying into effect any of the functions specified in section 27, produce the identification card to the owner or operator or other person in charge of the premises to be inspected. The Jamaica Agricultural Commodities [No. ] 19 Regulatory Authority Act, 2017 (5) Where, for any reason whatsoever, a person ceases to be employed under this Act as an inspector, that person shall forthwith return to the Authority the identification card issued pursuant to subsection (3).

27. An inspector shall- Functions of 111spLct(1r:-.. (a) inspect premises in order to ensure compliance with- (i) the provisions of this Act and the regulations; ,md (ii) any condition subject to which a licence is gr..mted; (b) establish and maintain records of such matters as may be specified by the Authority; (c) report generally to the Authority at such times and in such manner as the Authority may detennine; and (d) perform such other functions as may be prescribed or as may be authorized by the Authority for the purposes of this Act or the regulations. PART IV~Ojfences and Penalties 28.-{ 1) A person shall not wilfully give infonnation to the Authority Ofknee of g1\111g or an inspector or other authorized member of staff of the Authority 111i:-.kad1ng that is misleading in a material particular. 1nformat1lHl (2) A person who contravenes subsection (I) commits an offence and is liable on summary conviction in a Parish Court to a fine not exceeding one million dollars and, in default of payment of the fine, to imprisonment for a term not exceeding twelve months. 29.-{1) A person shall not steal a regulated ~rricultural commodity. ottence of :-.kal1ng (2) A person who contravenes subsection ( l) commits an regulated ag.ri-.:ultural offence and is liable- CLlllllll\lLlltl (a) on summary conviction in a Parish Court, to a fine not exceeding three million dollars or to imprisonment for a term not exceeding three years or to both the fine and imprisom11ent; 20 JNo. The Jamaica Agric:ultural Commodities Regulatory Authority Act, 2017 (b) on indictment in the Supreme Court, to a fine or to imprisonment for a term not exceeding ten years or to both the fine and imprisonment. (3) In addition to the penalty imposed under subsection (2), the Supreme Court or the Parish Court, as the case may be, may order a person convicted of the offence under this section to make restitution to the victim of the offence (hereinafter referred to as an "order of restitution") by directing the person convicted- (a) to return the regulated agricultural commodity to the victim or to a person designated by the victim; (b) to pay an amount equal to the value of the regulated agricultural commodity, where the return of the regulated agricultmal commodity is impossible or impractical or where the regulated agricultural commodity has deteriorated or perished and is no longer of merchantable quality; and (c) where applicable, and based on the period of time that the victim was deprived of his regulated agricultmal commodity, to pay m1y interest income which may otherwise have accrued for the period during which the person was deprived of his regulated agricultmal commodity. An order of restitution may be enforced by the victim in ( 4) the same manner as a j udgment in a ci vii action. ( 5) Where the victim dies, the proceeds of an order of restitution shall enure to the benefit of the estate of the deceased. {JlkllLC ()I 30. ----( I) A person shall not assault, obstruct, hinder or resist or use a.'>'>;1ult111~. tih"trud111µ. any threatening language or aid or incite any other person to so assault, tl'.\l'>ll!l~. t'/( obstruct hinder or resist an inspector or other authorized member of lll ',Pl'Clt )/" staff of the Authority in the execution of that person's duties under this Act. (2) A person who contravenes subsection (1) commits an o/kncc and is liable on summary conviction in a Parish Court to a fine not exceeding three million dollars and, in default of payment of the tine, to imprisonment for a term not exceeding three years. The Jamaica Agric11/t11ru! Co111111oclities [No. ] 21 Regu!atori· A 11/hori/_1· A et, lO I 7

31.-( 1) A person shall not knowingly and falsely represent that Offence ()f talseh the regulated agricultural conm1odity being cultivated by that person is n:pn:scnting ofa particular geographical location. gcngraphica! location. (2) A person who contravenes subsection ( 1) commits an offence and is liable on summary conviction in a Parish Court to a fine not exceeding three million dollars and, in default of payment of the fine, to imprisonment for a tem1 not exceeding three years.

32. Every person who c01mnits an offence under this Act for which Breach ()f offence for no penalty is othern:ise provided, is liable- \\hich no renalt) is (a) in the case of an individual. on summary conviction- prcn ided (i) to a fine not exceeding one hundred thousand dollars and, in default of payment of the fine, to imprisonment for a term not exceeding three months; (ii) for a second conviction under this Act, a fine not exceeding five hundred thousand dollars and, in default of payment of the fine, to imprisonment for a tenn not exceeding six months; (iii) for an offence committed subsequent to a conviction for a second offence under this Act, a fine not exceeding three million dollars and, in default of payment of the fine, to imprisonment for a term not exceeding twelve months; (b) in the case ofa body corporate on summary conviction, to a fine not exceeding five million dollars. PART V-Enforcement 33.-{ 1) Where a Justice of the Peace is satisfied (by information Entry, search on oath, and on receipt of such further information as he may, in the and seizure. circumstances require) that there are reasonable grounds for suspecting that evidence of or relating to an offence under this Act or the regulations is to be found on any premises specified in the information, the Justice of the Peace may issue a warrant in accordance with subsection (2). T) [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (2) A warrant issued under this section may authorize a Constable named in the warrant, with the assistance of an inspector or other authorized member of staff ofthe Authority or such other assistance as is reasonably necessary, and by the use of reasonable force, to-- (a) enter upon the premises specified in the warrant; (b) search the premises for evidence of, or relating to, an offence under this Act or the regulations; and (c) seize and detain property in the course of the search that the Constable or inspector believes, on reasonable grounds, to be evidence of, or relating to an offence under this Act or the regulations. (3) A warrant issued under this section shall include- (a) a statement of the purpose for which the warrant is issued and a description of the offence; (b) a description of the kind of property to be seized; (c) a reference to the time, not being later than fourteen days, upon the expiration of which the warrant ceases to have effect; and (d) a statement as to whether entry is authorized to be made at any time ofthe day or night, or during the hours ofthe day or night specified in the warrant. Forfeiture of 34.---(1) Subject to subsection (4), the court before which a person regulated agricultural is convicted of an offence under this Act or the regulations, may, upon commodity. the application of the Authority, make an order for the forfeiture of the regulated agricultural commodity which is the subject of the offence. (2) Where the Authority proposes to apply for the forfeiture of the regulated agricultural commodity under subsection ( 1), notice of that intention and of the grounds therefor shall be given forthwith to any person who, to the knowledge of the Authority, is the owner of the regulated agricultural commodity; but that notice is not required to be given if the seizure ofthe goods was made in the presence ofthe owner ofthe regulated agricultural commodity. The Jamaica Agricultural Commodities [No. ] ,.,,,_, _ Regulatory Authori(i· Act. 20/7 (3) The notice of intention to apply for the forfeiture of a regulated agricultural commodity and of the grounds therefor- - (a) shall be given personally to any person who, to the knowledge of the Authority, is the owner of the regulated agricultural commodity; or (b) where the notice cannot be given personally by the Authority- (i) by sending the notice by registered mail to the last knovvn registered address of the person; (ii) by sending the notice to the person by electronic means to the last knov.n electronic address of the person; or (iii) by publishing the notice on two occasions in a daily newspaper printed and circulated in Jamaica, the second of those publications being not later than seven days after the first publication. (4) A person having a claim to any regulated agricultural commodity in respect of which an application is made by the Authority pursuant to subsection ( 1) may appear before the court on the hearing of the application and show cause why an order for forfeiture should not be made. ( 5) If, upon application of any person aggrieved by an order made by the court under this section, the court is satisfied that it is just to revoke that order, the court may revoke the order upon such terms and conditions as it deems appropriate, and, without prejudice to the generality of the foregoing, shall require the person to pay, in respect of storage, maintenance, administrative expenses, security or otherwise ofthe re!:,JUlated agricultural commodity, such charges as may be specified by the court. ( 6) Where, on hearing an application for forfeiture of a regulated agricultural commodity, no person appears before the court to show cause why an order for forfeiture should not be made, the court may presume that the regulated agricultural commodity has been abandoned or willingly relinquished. 24 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (7) An application to the court under subsection (5) for revocation of an order shall be made within seven days of the date of the order or within such greater time as the court may allow. Appeals. 35.-( 1) There is hereby established a tribunal to be called the Regulated Agricultural Commodities Appeal Tribunal. Sc\ cnth (2) The provisions of the Seventh Schedule shall have effect Sd1cduk as to the constitution and procedure of the Appeal Tribunal and otherwise in relation thereto. (3) A person who is aggrieved by a decision of the Authority or by the decision of any person to whom a function of the Authority has been delegated under section 5, to refuse to grant, renew, suspend, or revoke a licence, may appeal to the Appeal Tribunal, by way of a notice ofappeal, within twenty-one days of the date that the aggrieved person is advised of the decision or within such longer period as the Appeal Tribunal, may in special circumstances, allow and in accordance with the Seventh Schedule. (4) The notice of appeal shall set out clearly the grounds of the appeal and shall be accompanied by copies of any correspondence, document, inspector's report or any other statement relevant to the appeal. (5) A copy of the notice of appeal together with copies of any correspondence, document, inspector's report or any other statement shall be served on the Authority. (6) The Appeal Tribunal shall, within seven days of the receipt of a notice of appeal under subsection (3 ), request the Authority to furnish it with a statement in writing setting out the reasons for its decisions. (7) The Appeal Tribunal shall cause all parties to the appeal to be informed- (a) of the date of the hearing of the appeal; (b) that they may appear themselves or be represented by their attorney-at-law; and (c) that they may summon witnesses in their cause. The Jamaica Agricultural Commodities (No. ] 25 Regulatory Authority A et, 2017 (8) The Appeal Tribunal shall hear each matter brought before the Appeal Tribunal and give its decision in writing regarding such matter within ninety calendar days of the filing of the appeal, or such longer period as the Appeal Tribunal may require, not exceeding fourteen calendar days, and may- (a) dismiss the appeal and confinn the decision of the Authority; (b) allow the appeal and set aside the decision; or (c) vary the decision. (9) The Appeal Tribunal shall forward a copy of its decision to the Authority and a copy to the appellant, together with a written statement of the reasons for its decision. PART VI-General

36. The Minister may, by order subject to affirmative resolution, Amendment of moncUtr} amend- penalties and Schedules hy (a) any monetary penalty specified in this Act or the regulations; order. or (b) the First, Second, Third, Fourth, Fifth, Sixth and Seventh First, Second. Third. Schedules to this Act. Fourth. Fi J'th. Sixth and Seventh Schedules 37.----{1) The Authority may, with the approval ofthe Minister, make Regulations regulations for the purpose of giving effect to the provisions of this Act and, in particular, but without prejudice to the generality of the foregoing, the regulations may contain provisions in relation to the following matters- (a) the setting of minimum standards for quality in respect of the cultivation, trade, export, import and distribution of regulated agricultural commodities, including standards relating to storage facilities, warehousing, hygiene, quality assurance and other related matters; (b) the establishment ofdifferent grades of regulated agricultural commodities; 26 [No. The Jamaica Agricullllral Commodities Regulatory Authority Act, 2017 (c) the establishment of procedures for. and the specifying of terms and conditions for. the grant oflicences and certificates ofregistration: (d) different categories oflicences: (e) the procedures for registration of property (whether shared or not) upon which regulated agricultural commodities are gro\\TI: (tJ the cess or other charges imposed under section 38: (g) the fees and charges payable in respect of a licence, or an appeal under section 35: (h) the fees and charges payable for any service provided by the Authority: (i) the prices payable to growers, processors, manufacturers and dealers in regulated agricultural commodities; (j) the keeping ofrecords by licensees; (k) the making ofreports by licensees; (1) the disposal of regulated agricultural commodities, other than by way of export or by local distributors; (m) the establishment of standards and procedures to prevent suppliers of regulated agricultural commodities from encmrraging or carrying out tied selling within the meaning of the Fair Competition Act; and (n) any other matter required under this Act to be prescribed. (2) Where prices are prescribed under subsection (l)(h), different prices may be specified in respect of- (a) different or same grades, types and quality of the regulated agricultural commodities, or their by-products; (b) where applicable, different delivery destinations; and The Jamaica Agricultural Commodities [No. ] 27 Regulatory Authority Act, 2017 (c) dif1erent categories of the re 6'1.llated agricultural commodities or their by-products whether purchased or sold by dealers. (3) Notwithstanding section 29 of the Interpretation Act, regulations made under this section may prescribe greater penalties than those specified in that Act, and the maximum penalty that may be so prescribed shall be a fine not exceeding two million dollars, and in default of payment of the fine, to imprisonment for a tenn not exceeding twelve months. (4) Any regulations made w1der subsection ( 1) shall be subject to affirmative resolution.

38. The Minister may, in consultation with the Authority, impose a Imposition of cess or other cess or other charges upon any regulated agricultural commodity or its charges. substitute produced in or imported into Jamaica.

39. The enactments specified in column 1 of the Eight Schedule are Repeal and replacement repealed or amended, as the case may be, in the manner specified in of relation thereto in column 2 of that Schedule. enactments. Eight Schedule.

40.-( 1) With effect from the appointed day, there shall be transferred Vesting of assets of to and vested in the Authority, all assets, rights and liabilities of- n1ergcd entities. (a) the Coffee Industry Board and any subsidiary body thereof; and (b) the Cocoa Industry Board and any subsidiary body thereof, (hereinafter called "the merged entities") except the Richmond Cocoa Ferrnentery, the Morgan's Valley Cocoa F ermentery and the cocoa farms owned or operated by the Cocoa Industry Board. (2) The Authority shall, in relation to the assets, rights and liabilities so transferred and vested, have every right, power, privilege, immunity or duty which immediately before that date was capable of being enjoyed or performed by the merged entities. (3) In this section, "assets" includes intellectual property. 28 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 Tran,1tl()na1. 41.-( 1) A person shall act in accordance with subsection (2) if before the appointed day the person- (a) entered into any business arrangement, with any of the merged entities or any other entity which operated under an enactment repealed by this Act, which is incompatible with the provisions of this Act; or (b) was licensed under the Agricultural Produce Act. (2) The person shall submit to the Authority- (a) a statement giving particulars of all such arrangements or licences granted under the Agricultural Produce Act, as the case may be, as are still in operation at that date; and (b) a plan and timetable for- (i) the completion of each such arrangement or licence granted under the Agricultural Produce Act after the date; or (ii) the cancellation or liquidation of each such arrangement or licence granted under the Agricultural Produce Act within such period as may be agreed between the Authority and that person, or, in default of agreement, as may be determined by the Authority. The Jamaica Agricultural Cu111111odi1ies [No. Regulatory Authori(v Act, 2017

FIRST SCHEDULE (Sections 2 and 36(b)) List of Regulated Agricul!ural Commodities I. Cocoa. 2. Coconuts. 3. Coffee. 4. Ginger. 5. Nutmeg. 6. Pimento (including the wood and leaves of the pimento tree). 7. Turmeric. 8. Any product made from the commodities listed in items l to 7. SECOND SUIEDULF (Sections 2 and 36 (b)) Oil or Fat Producing items I. Almonds. 2. Avocado. 3. Castor beans. 4. Cocoa. 5. Groundnut (Peanut). 6. Linseed. 7. Maize germs. 8. Nutmeg. 9. Oil palm. 10. Olives. 11. Palm kernel. 12. Rapeseed. 13. Safflower. 14. Sesame. 15. Shea nut. 16. Soya bean. 17. Suntlm,ver seed. 30 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 T!IIRD SCHEDULE (Sections 3(2), 6(2), I O(e) and 36(b )) PART I-The Jamaica Agricultural Commodities Regulatory Authority Financial Provisions, Accounts and Reports Funds of the 1-( I) The funds and resources of the Authority shall consist Authority of--- (a) such sums as may, from time to time, be placed at the disposal of the Authority by Parliament; and (b) all other sums and property which may, in any manner become payable to or vested in the Authority in respect of any matter incidental to its functions. (2) The expenses of the Authority, including the remuneration of officers and employees shall be paid out of the funds of the Authority. lnve'>lment 2.---------{ 1) Subject to sub-paragraph (2), all moneys of the Authority by the not immediately required to be expended for the purpose of- Authority (a) meeting any of its obligations; or (b) discharging any of the other functions of the Authority, may be invested in such securities or held in such accounts as may be approved by the Minister responsible for finance; and the Authority may, with the approval of that Minister, sell all or any of such securities. (2) All funds of the Authority which are invested in securities or held in accounts under sub-paragraph (I) shall be kept, sold or used by the Authority for the furtherance of the advancement of the Authority's functions under this Act. Accounts and 3 .-(I) The Authority shall keep proper accounts and other other records records in relation to its functions and shall prepare annually a statement of accounts in a form- (a) satisfactory to the Minister; and (b) conforming to established accounting principles. (2) The accounts of the Authority shall be audited annually by an auditor appointed in each year- (a) by the Authority; and (b) with the approval of the Minister. The Jamaica Agricultural Commodities [No. ] 31 Regulatory Authority Act, 20 I 7 (3) An auditor appointed under sub-paragraph (2) shall be a registered public accountant within the meaning of section 2 of the Public Accountancy Act. (4) The members of the Board and the officers and employees of the Authority shall- (a) grant to the auditor appointed under sub-paragraph (2), access to all books or other documents, cash and securities of the Authority; and (b) give to the auditor. upon request, all such information as may be within their knowledge in relation to the business of the Authority. (5) The auditor's fee and any expenses of the audit shall be paid by the Authority. 4. The Authority shall- Reports of activities. (a) within four months after the end of each financial year; or (b) within such longer period as the Minister may in special circumstances approve, cause to be made and, shall transmit to the Minister, a report dealing generally with the activities of the Authority during the immediately preceding financial year. 5 .-----{I) The Auditor-General may, at all times, examine the Audits. accounts of the Authority. (2) Where in any particular case, the Board has reasonable cause for believing that a special audit of the Authority should be concluded by audit other than by the Authority's auditor, the Board may appoint an auditor or a firm of auditors for that purpose. (3) The expenses, as approved by the Board of any audit or examination carried out pursuant to sub-paragraph (2) shall be paid by the Authority. 6. The Authority shall, in each financial year, before a date Estimates of income and specified by the Minister, submit to the Minister for his approval- expenditure. (a) estimates of income and expenditure for the ensuing financial year; ~,-, .)_ [No. l The Jamaica Agricultural Commodities Regu/atu,y Authority Act, 2017 (b) an operating plan for that year, as to the projects to be- (i) promoted by the Authority; (ii) sponsored by the Authority; (iii) both sponsored and promoted by the Authority; (c) the operational framework within which the Authority shall carry out its functions; and (d) details of such other related matters as the Minister may require. lfrturns. 7. The Authority shall furnish the Minister with such- accounts and other (a) returns; information. (b) accounts; and (c) other inforn1ation, as the Minister may require with respect to the activities of the Authority; and shall afford him the facilities for verifying such returns, accounts and other information, in such manner and at such times, as he may reasonably require. l:xcmption 8.-( 1) The income of the Authority shall be exempt from in- from income come tax. tax. stamp duties. (2) The Authority shall be exempt from stamp duty on all transfer tax instruments executed by it or on its behalf. and customs duties. ( 3) There shall be exempt from taxation under the Tramfer Tax Act any transfer- (a) by the Authority, of property belonging to it; or (b) of any right of interest created in, over or otherwise with respect to any such property. (4) No customs duty or other similar impost (other than general consumption tax) shall be payable upon any article- (a) imported into Jamaica; (b) taken out of bond in Jamaica; or (c) accepted by the Commissioner of Customs to be required for the use of the Authority solely in the performance of its functions under this Act. The Jamaica Agricultural Commodities [No. ] 33 Regulatory Authority Act, 2017 9. Notwithstanding any limitation as to the amount recoverable Recovery of debts. under the Judicature (Parish Courts) Act, and without prejudice to any other method of recovery, all debts due to the Authority may be recovered in a Parish Court as a civil debt. I 0.---( I) Subject to the provisions of sub-paragraph (2), the Borrowings. Authority may borrow such sums as may be required by it for- (a) meeting any of its obligations; or (b) discharging any of its functions. (2) The power of the Authority to borrow shall- (a) as to amount; (b) as to the source of borrowing; and (c) as to the terms on which the borrowing may be effected, be exercisable only on the recommendation of the Minister responsible for agriculture and with the approval of the Minister responsible for finance. (3) Any approval given in any respect for the purposes of sub-paragraph (I) may be- (a) either general or limited to a particular borrowing or otherwise; and (b) either unconditional or subject to conditions. 11.---(1) The Authority shall have a common seal which shall Seal and be kept in the custody of the chairman or the secretary of the au th entication of Board and may be affixed to instruments pursuant to resolutions documents. of the Board and in the presence of the chairman, one other mem- ber and the secretary. (2) The seal of the Authority shall be authenticated by the signature of the chairman or the secretary of the Board, and shall be officially and judicially noticed. (3) All documents, (other than those required by law to be under seal) which are made by, and all decisions of, the Board, may be signified under the hand of the chairman or the secretary of the Board. 34 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 PART II-Constitution and Procedures of the Board Constitution 1.--(1) Subject to paragraph 2, the Board of the Authority shall of Board. consist of two ex-officio members and not more than seven members appointed by the Minister (hereinafter referred to as the "appointed members"). (2) The appointed members of the Board shall be persons appearing to the Minister to be of integrity who have not been convicted of any offence involving fraud, dishonesty or moral turpitude. Appointment. 2.--( I) The ex-officio members of the Board shall be- (a) the Director-General of the Authority; and (b) a senior public officer or employee in the Ministry responsible for agriculture nominated by the Permanent Secretary of that Ministry. (2) The appointed members of the Board shall include- (a) an individual nominated by a body appearing to the Minister to be a representative of the coffee industry; (b) an individual nominated by a body appearing to the Minister to be a representative of the cocoa industry; (c) an individual nominated by a body appearing to the Minister to be a representative of the coconut industry; (d) an individual nominated by a body appearing to the Minister to be a representative of the spices (ginger, pimento, nutmeg and tumeric) industry; and (e) three individuals who are knowledgeable and experienced in- (i) agronomy; (ii) quality control in respect of agricultural commodities, including the growth, storage and transportation of agricultural commodities; (iii) finance; (iv) law; or (v) human resource management. The Jamaica Agricultural Commodities [No. ] 35 Regulatory Authority Act, 2017 (3) Where a body appearing to the Minister to be representative of an industry fails or refuses to nominate a representative, within twenty-eight days after the Minister requests the body to nominate a representative, or where no such body appears to the Minister to exist, the Minister may appoint such person as he thinks fit as a member of the Board. 3.---{1) The Minister shall appoint a chairman and a deputy Chairman and chairman from among the appointed members. deputy chairman. (2) In the case of the chairman being absent from or unable to act at any meeting, the deputy chairman shall exercise the functions of the chairman, if the deputy chairman is present at the meeting and is able to so act. (3) In the case of the chairman and the deputy chairman being absent from or unable to act at any meeting, members of the Board present at the meeting shall elect one of their number to act as chairman at that meeting. 4. The Minister may appoint any individual to act temporarily in Temporary the place of any member of the Board, in the case of the absence or appointments. inability to act of such member, in keeping with the composition of the Board. 5. The appointment ofa member of the Board shall be evidenced Tenure. by instrument in writing and the appointment shall be for a period not exceeding three years. 6. The appointment, resignation, revocation of appointment or Publication in death ofa member of the Board shall be notified in the Gazette. Gazette. 7.-{ 1) The office of a member of the Board shall become vacant Vacancies. if- (a) he resigns his office; or (b) his appointment is revoked in accordance with paragraph 8; or (c) he dies. (2) If any vacancy occurs in the membership of the Board, such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed, so, however, that such appointment shall be made in the same manner and from the same category of persons as the appointment of the previous member. 36 [No. l The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 Revocation 8. The Minister may, at any time, revoke the appointment of a of member of the Board if that member- appointment of members. (a) becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill-health; (b) is being managed by the Government Trustee or becomes bankrupt or compounds with, or suspends payment to, his creditors; (c) is convicted of any offence involving fraud, dishonesty, or moral turpitude; (d) has engaged or is engaging in conduct which, in the opinion of the Minister, disqualifies the member from holding office on the Board; (e) has engaged or is engaging in such activities as are reasonably considered prejudicial to the interest of the Authority; (t) fails to attend three consecutive meetings of the Board without the leave of the chairman; (g) fails to carry out the functions of his office as specified by or under this Act; or (h) is convicted and sentenced to a term of imprisonment. Leave of 9.---( l) On the application of any member of the Board, the absence. Minister may grant leave of absence to the member. (2) The Minister may direct a member to proceed on leave of absence if the member has been charged with an offence involving fraud, dishonesty or moral turpitude, an offence listed in the Second Schedule to the Proceeds ofCrime Act or an offence that is similar to any such offence in another jurisdiction. Re- l O. Every member of the Board shall be eligible for reappointment appointment. Remuneration 11. There shall be paid to the chairman and other members of of members. the Board such remuneration (whether by way of honoraria or . allowances) as the Minister responsible for finance may determine. Resignations. 12.---(1) The chairman may, at any time, resign his office by instrument in writing addressed to the Minister. (2) The resignation shall take effect as from the date of receipt by the Minister of the instrument. The Jamaica Agricultural Commodities [No. ] 37 Regulatory Authority Act, 2017 (3) A member of the Board other than the chairman may, at any time, resign his office by instrument in writing addressed to the Minister and transmitted through the chairman. ( 4) From the date of receipt by the Minister of the resignation, the member shall cease to be a member of the Board. 13 .~( 1) The Board shall meet as often as may be necessary or Meetings. expedient for the transaction of its business (but at least nine meetings shall be held within each financial year) and such meetings shall be held at such places and times and on such days as the Board may determine. (2) The chairman shall preside at all meetings of the Board of the Authority, and if the chairman is absent from a meeting, then the deputy chairman shall preside at the meeting and if the deputy chairman is absent, then the members present shall elect another member to preside at that meeting. (3) Five members shall constitute a quorum of the Board where at least three of the members present are not ex-officio members. (4) The decisions of the Board shall be by a majority of votes of the ex officio and appointed members and, in addition to an original vote, the chairman or other member presiding at the meeting, shall have a casting vote in any case in which the voting is equal. 14. The chairman may at any time call a special meeting to be Special held within seven days of a written request for the purpose meetings addressed to him by any three members of the Board. 15. Subject to any provisions of this Act to the contrary, the Board may Board may regulate its own proceedings. regulate its own proceedings. 16.-{f) The Board may appoint committees for special purposes Appointment of connected with the functions of the Authority, to assist the Board committees. in an advisory capacity. (2) A committee appointed under this paragraph may include persons who are not members of the Board but the chairman of the committee shall be a member of the Board. 17. The validity of the proceedings of a committee appointed Validity of pursuant to paragraph 16 shall not be affected by any vacancy proceedings. 38 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 among the members of the Board or by any defect in the appointment of a member thereof. Minutes of 18. Minutes in proper form of each meeting of the Board shall meetings. be kept and shall be confirmed as soon as practicable at a subsequent meeting. Disclosure of 19.-{1) A member who is in any way directly or indirectly interest. interested in any contract or other matter whatsoever which falls to be considered by the Board, or in any contract made or proposed to be made by the Board, shall forthwith disclose the nature of his interest to the other members upon the conflict of interest arising, and the disclosure shall be recorded in the minutes of the next meeting of the Board, and the member shall not take part in any deliberation or decision of the Board with respect thereto. (2) A disclosure made by a member under sub-paragraph (I) to the effect that he is a director or shareholder of, or has a significant economic relationship with, a specific company, firm or other entity or is to be regarded as interested in any contract which is made with the company, firm or other entity, shall for the purposes of sub-paragraph (I), be a sufficient disclosure of his interest in relation to any contract so made. (3) A member need not attend in person at a meeting of the Board in order to make a disclosure that he is required to make under this paragraph, if he takes reasonable steps to ensure that the disclosure is made by notice which is taken into consideration and read at the next meeting held after the disclosure is made. Reports to 20.-{ I) The Board, may at any time, be required by the Minister Parliament. to submit a report to him in respect of any matter or activity in which the Authority is involved under this Act. (2) The Board shall submit to the Minister an annual report relating generally to the execution of its functions and may, at any time, submit a report relating to any particular matter or matters which, in the Board's opinion, require the special attention of the Minister. (3) Reports submitted to the Minister under this paragraph shall be laid on the Tables of the House of Representatives and the Senate, respectively. (4) The Board may, in the public interest, from time to time publish in such manner as it thinks fit, reports relating to The Jamaica Agricultural Commodities [No. ] 39 Regulatory Authority Act, 2017 matters mentioned in sub-paragraph (2), but no such report shall be published until after it has been laid pursuant to sub-paragraph (3). 21.-( I) No action, suit, prosecution or other proceedings Indemnity. shall be brought or instituted personally against any member of the Board in respect of any act done, in good faith, in pursuance of or intended execution of this Act. (2) Where any member of the Board is exempt from liability by reason only of the provisions of this paragraph, the Authority shall be liable to the extent that it would be if the member were an employee or agent of the Authority. 22. The office of the chairman or any other member of the Membership Board shall not be a public office for the purposes of Chapter V of of Board __not the Constitution of Jamaica. public otticc 40 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017

FOURTH SCHEDULE (Sections l 7(3)(a) and36(b)) Form of Licence JAMAICA AGRICULTURAL COMMODITIES REGULATORY AUTHORITY Licence No. _ _ _ _ _ _ __ I. This is to certify that _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ of (name of licensee) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ is licensed under the Jamaica (address) Agricultural Commodities Regulatory Authority Act to _ _ _ _ _ __ 2. The following conditions, if any, shall apply to this licence: A. B. c. (specify conditions (if any)) 3. This licence expires on the day of ,20 Signed: _ _ _ _ _ _ _ _ _ __ Chairman/Secretary Jamaica Agricultural Commodities Regulatory Authority The Jamaica Agricultural Commodities [No. ] Regulatory Authority Act, 2017

FIFTH SCHEDULE (Sections 2 and 36(b)) Quantity of Regulated Agricultural Commodity that is of Commercial Significance Type of Regulated Agricultural Minimum Quantity that is of Commodity Commercial Significance PART A 1. Cocoa 100 kilograms 2. Coconut 8,000 coconuts 3. Coffee 25 kilograms 4. Ginger 400 kilograms 5. Nutmeg 300 kilograms 6. Pimento 25 kilograms 7. Turmeric 300 kilograms PARTB 1. Cocoa 50 trees 2. Coconut 80 trees 3. Coffee 50 trees 4. Ginger 1 hectare 5. Nutmeg 30 trees 6. Pimento 50 trees 7. Turmeric I hectare 42 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017

SIXTH SCHEDULE (Sections 17(7), 23 and 36(b)) Health and Food Safety Standards with which Licensee shall Comply Storage of regulated agricultural commodity. 1. Every licensee shall ensure that the regulated agricultural commodity to which the licence relates is stored in such a way that- (a) it is protected from the likelihood of contamination; (b) the quality of the regulated agricultural commodity is not affected adversely; and (c) the environmental conditions under which it is stored will not adversely affect the safety and suitability of the regulated agricultural commodity. Packaging of regulated agricultural commodity. 2. Every licensee shall ensure that the regulated agricultural commodity is packed- (a) with packing material that is fit for its intended use; (b) with material that is not likely to contaminate the regulated agricultural commodity; and (c) with care to prevent any contamination during the packaging process. Transport of regulated agricultural commodity. 3. Every licensee shall ensure that, during transportation, the regulated agricultural commodity is- (a) protected from any likelihood of contamination; and (b) kept under a suitable temperature so as not to affect adversely its wholesomeness, safety or quality. Regulated agricultural commodity unfit for human consumption. 4. A licensee shall not bring into or prepare in or permit to be brought into or prepared in any registered premises any regulated agricultural commodity which is unfit for human consumption. The Jamaica Agricultural Commodities [No. ] 43 Regulatory Authority Act, 2017

SEVENTH SCHEDULE (Sections 35 and 36(b)) Appeal Tribunal 1.-(1) The Appeal Tribunal shall consist of at least three Constitution of Appeal members appointed by the Minister as follows- Tribunal. (a) at least one member shall be an attorney-at-law who has practised for at least ten years; and (b) the other members shall be selected from among persons who appear to the Minister to be qualified as having had the experience of, and shown capacity in matters relating to agriculture, industry, finance, economics, accountancy, commerce or law. (2) If there are fewer than three members, but at least two members in office, the Appeal Tribunal shall be deemed to be properly constituted for a period not exceeding ninety days after the deficiency in the number of members first occurs. 2. A person shall not be qualified for appointment as a member Disqualification of the Appeal Tribunal who- from appointment (a) is a member of the Senate or the House of to Tribunal. Representatives; (b) is a director, officer, employee or auditor of an enterprise that deals in a regulated agricultural commodity; (c) has a direct or indirect proprietary interest in more than five per cent of an enterprise that deals in a regulated agricultural commodity. 3.-{1) The Minister shall appoint one of the members of the Chairman. Tribunal to be chairman of the Appeal Tribunal. (2) In the case of the absence or inability of the chairman to act at any sitting, members of the Tribunal present at such meeting shall elect one of their number to act as chairman at that sitting. 4.-{ 1) A matter referred to the Appeal Tribunal shall be heard Hearing panel. and determined by a panel consisting of three members o f the Tribunal, one of whom shall be an attorney-at-law, as assigned by the chairman of the Appeal Tribunal. 44 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (2) In assigning members of the Appeal Tribunal to a panel, the chairman shall take into consideration the requirements, if any, for experience and expertise to enable the panel to decide the issues raised in any matter before the Appeal Tribunal. (3) The Appeal Tribunal may co-opt to a panel such person who, in its opinion, has the requisite expertise in any matter before the panel for the purpose of advising the panel on that matter. Disclosure of 5.-(1) A member of the Appeal Tribunal who has an interest, interest. whether directly or indirectly, in any matter brought before the Tribunal- (a) shall, by notice, disclose the nature of the interest at a sitting of the Appeal Tribunal; and (b) shall not take part in any deliberation or decision of the Tribunal with respect to that matter. (2) A notice given by a member at a sitting of the Tribunal to the effect that he is interested in any appeal before the Tribunal shall, for the purposes of sub-paragraph ( 1), be a sufficient disclosure of his interest in relation to an appeal. (3) A member need not attend in person at a sitting of the Appeal Tribunal in order to make a disclosure which he is required to make under this paragraph ifhe takes reasonable steps to ensure that the disclosure is made by notice which is taken into consideration and read at such sitting. (4) Where the Minister, or any person authorized by the Minister, is satisfied that a member of the Appeal Tribunal is unable to carry out his duties properly and effectively because of any conflict of interest or potential conflict of interest in a matter before the Tribunal, the Minister may replace that member or direct that member to abstain from taking part in any proceedings relating to any matter affected by his conflict of interest or potential conflict of interest. Tenure of 6. The members of the Appeal Tribunal shall, subject to the office. provisions of this Schedule, hold office for a period, not exceeding three years, as the Minister may determine and shall be eligible for re-appointment. The Jamaica Agricultural Commodities [No. ] 45 Regulatory Authority Act, 2017 7. The Minister may appoint any person to act in the place of Acting appointm~nts. the chairman or any other member of the Tribunal in the case of the absence or inability to act of the chairman or other member. 8.--(1) Any member of the Appeal Tribunal other than the Resignation. chairman may, at any time, resign his office by instrument in writing addressed to the Minister and transmitted through the chairman, and from the date of the receipt by the Minister of such instrument that member shall cease to be a member of the Tribunal. (2) The chairman may, at any time, resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt by the Minister of that instrument. 9. The Minister may revoke the appointment of any member of Revocation the Appeal Tribunal who- of appointment. (a) becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health; (b) becomes bankrupt or compounds with or suspends payment to his creditors; (c) is convicted and sentenced to a term of imprisonment or to death; (d) is convicted of any offence involving fraud, dishonesty or moral turpitude; (e) becomes disqualified for appointment by virtue of paragraph 2; (f) fails to attend three consecutive hearings of the Tribunal without reasonable excuse; (g) fails to carry out the functions conferred or imposed on him by this Act; or (h) engages in such activities as are reasonably considered prejudicial to the interest of the Tribunal. I 0.--( I) The office of member of the Appeal Tribunal shall Vacancies. become vacant if- • (a) the member resigns his office; or (b) the appointment of the member is revoked in accordance with paragraph 9; or (c) the member dies. 46 [No. ] The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 (2) If any vacancy occurs in the membership of the Appeal Tribunal, the vacancy shall be filled by the appointment of another member who shall , subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed, however, the appointment shall be made in the same manner and from the same category of persons as the appointment of the previous member. Publica tio n of 11 . The names of all members of the Appeal Tribunal as first constituted and every change in the membership of the Tribunal I . me mb ership . shall be published in the Gazette. Re munerati on 12. There shall be paid to the chairman and other members of of members. the Appeal Tribunal, in respect of each appeal, such remuneration, whether by way of honorarium, salary or fees , and such allowances as may be determined by the Minister responsible for the public service. Ex pe nses. 13 . Expenses, accommodations and other facilities of the Appeal Tribunal shall be included in the budget of the Authority and shall be reimbursable or offset to the extent that certain expenses are itemized in the Appeal Tribunal 's award of costs on particular matters. Voting. 14. The decisions of the Appeal Tribunal shall be by a majority of votes of the members . O rder. 15 .-{ I) The Appeal Tribunal shall determine matters before it by making an order. (2) The Appeal Tribunal may make an order subject to the conditions that are set out in the order. Po we r ove r 16.-{ I) The Appeal Tribunal shall have the power to summon wi tn ess.:s and and enforce the attendance of the person aggrieved and witnesses ev id.: nc.:. and to compel them to give evidence on oath or otherwise. (2) The Appeal Tribunal may order that any books, paper, statement or other document relating to the appeal that is in the possession of the Authority be produced at the hearing of the appeal. (3) The Appeal Tribunal may require or permit persons to ,, give evidence before it by affidavit. Tribunal may regulate own proceedings. 17. Subiect to the provisions of the Act, the Appeal Tribunal shall regulate its own proceedings. . Offi ce o f 18. The office of chairman or member of the Appeal Tribunal cha irman o r membe r of shall not be a public office for the purposes of Chapter V of the Tribunal not Constitution of Jamaica. public office. The Jamaica Agricultural Commodities [No. ] Regulatory Authority Act, 2017 EIGHT SCHEDULE (Section 39) Repeal or Amendment of Enactments Enactment Repeal or Amendment Agricultural Produce In section 3(4)- Act (a) delete the word "or" appearing immediately after paragraph (a); (b) insert immediately after paragraph (b) the word "or"; and (c) insert next after paragraph (b) the following as paragraph (c}- "(c) regulated agricultural commodities in relation to which a licence has been granted under the Jamaica Agricultural Commodities Regulatory Authority Act". Cocoa Industry Board Repeal. Act Coconut Industry Aid Repeal. Act Coconut Industry Control Act I. In section 14(1 ), by- (a) deleting paragraph (a) and sub- stituting therefor the following- "(a) in accordance with a licence granted under the Jamaica Agricultural Commodities Regulatory Authority Act- (i) buy, sell and trade in coconuts, and coconut products, and such other commodities and their substitutes as the Board, with the 48 [No. The Jamaica Agricultural Commodities Regulatory Authority Act, 2017 Enactment Repeal or Amendment approval of the Minister may, from time to time, de- termine; and (ii) export or dispose of coconuts, and coconut products, in such quantity and in such manner and at such price as the Board with the approval of the Minister considers desirable in the interests of the coconut industry;"; (b) deleting paragraph (i); and (c) relettering paragraphs (j) and (k) as paragraphs (i) and (j). 2. Repeal the following provisions, that is to say- (a) section 14A ("Cess on coconut products and substitutes"); (b) section 20 ("Regulations"), (c) section 21 ("Power to add or remove from Schedule"); and (d) section 22 ("Power to exempt from the Act"). Coffee Industry Repeal. Regulation Act The Jamaica Agricultural Commodities [No. ] 49 Regulatory Authority Act, 2017 Passed in the House of Representatives with one ( 1) amendment this 20th day of September, 2016. PEARNEL CHARLES, Speaker. Passed in the Senate this 10th day ofN ovember 2016 with seventy-three (73) amendments. THOMAS TAVARES-FINSON President. On the 10th day of January, 2017 the House of Representatives agreed to the amendments made by the Senate. PEARNEL CHARLES, Speaker. This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy of the said Act. ~d .JftcJ-t~ t c Cu~- c1erk to the Houses of Parliament.