Trade (Sale of Goods During Period of Declaration of Disaster Area) Order, 2020

1. This Order may be cited as the Trade (Sale of Goods During Period of Declaration of Disaster Area) Order, 2020, and shall come into force on the 31 st day of March, 2020.

2. - (1) With effect from the date of coming into force of this Order and for the duration of the period of operation in force of the Disaster Risk Manage- ment (Declaration of Disaster Area) Order, 2020, no person whose business includes the retail sale of goods shall sell any necessary goods to another person at a price higher than the price charged immediately before the coming into force of the Disaster Risk Management (Declaration of Disaster Area) Order, 2020. (2) In this paragraph, ''necessary goods" - (a) means any- (i) item used, or intended for use, as food or drink by a person; (ii) personal care items, such as soap, cleaning products, antibacterial products, toiletries, alcohol, hand sanitizers, bleach and gloves; and (iii) medical supplies, including surgical masks and prescription and non-prescription medication; (b) does not include any goods that are, or may be, regulated by or under - (i) the Sugar Industry Control Act; 2 (ii) the Agricultural Produce Act; (iii) the Agricultural Marketing Act; (iv) the Coconut Industry Control Ac t; (v) the Banana Board Act; or (vi) the Jamaica Agricultural Commodi ties Regulatory Authority Act.

3. - (1) A person carrying on or employed in any business referred to in paragraph 2 shall produce to the Minister, or any per3on authorise d in tha t beh alf by the Minister, such books, accounts or other documents relatin g to the business, as the Minister may require for the purposes of enforc ing this Order. (2) The Consumer Affairs Comm ission shall be regarded as having been authorised by the Minister for the purposes of sub-paragraph (1 ).

4. - (1) A person who contraven es paragraph 2 of this Order com mits an offence and shall, on _summary con viction before a Judge of a Parish Court, be liable to a fine no t exceeding two million dollar3. (2) It shall be a defence to a cha rge of contravening paragraph 2(1) for the person charged to prove tha t the difference in the price in questio n is attributable solely to the cost to the business concerned of obtaining the particular goods. Dated this ~ a y of J4//~ , 2020. Minister of Industry, Commerce, Agriculture and Fisheries