Betelnut Prohibition Act, 2010 (Title 7, Cap 20)

TITLE 7 - PUBLIC HEALTH, SAFETY AND WELFARE 312.28 1 CHAPTER 20 2 3 BETELNUT PROHIBITION 4 5 ARRANGEMENT OF SECTIONS 6 Section 7 §2001. Short title. 8 §2002. Interpretation. 9 §2003. Importation for sale and distribution prohibited. 10 §2004. Use and possession by minor prohibited. 11 §2005. Offences and penalties. 12 §2006. Seizure, forfeiture and destruction. 13 §2007. Littering prohibited. 14 §2008. Issuance of citation notice. 15 16 17 An Act to prohibit importation of betelnut for sell, distribution or use by minor, and for 18 matters related thereto. 19 20 Commencement: March 19, 2010 21 Source: P.L. 2010 - 39 22 23 §2001. Short title. 24 This Chapter may be cited as the Betelnut Prohibition Act, 2010. 25 26 §2002. Interpretation. 27 In this Chapter , unless the context otherwise requires: 28 (a) “betelnut” means and refers to the fruit or nut of any variety of the palm “Areca 29 catechu”; 30 (b) “distribution” means to supply, give or deliver to another person; 31 (c) “import” means to bring into the Republic from a foreign source; 32 (d) “litter” means the unauthorized throwing or spitting or placing or dumping or 33 discharging of betelnut spittle or substances or refuse in places accessible to the public; 34 (e) “minor” means person under the age of 18 years; 35 (f) “person” includes any individual, corporation, firm, association or partnership; 36 (g) “personal consumption” means importation of betelnut for personal use or chewing; 37 (h) “places accessible to the public” means a public road or public building or public 38 vehicle or public place includes any place to which the public is admitted or is allowed, any 39 private land near or adjacent to any public road or public place, a beach, the foreshore or the 40 lagoon; 41 (i) “Republic” means the Republic of the Marshall Islands; 42 (j) “selling” means to exchange betelnut for cash or other items; 43 44 §2003. Importation, distribution or selling of betelnut prohibited. 45 (1) No person shall import for sell or distribute betelnut in the Republic. 46 (2) Nothing in this section may prohibit the importation of betelnut purposely for personal 47 consumption. 48 49 §2004. Use and possession of betelnut by minors prohibited. 50 No minor shall publicly in possession of, and use of betelnut in any form. Any beteltnut 51 found in the possession of a minor shall be presumed to be the property of that minor person and 52 shall be confiscated. 7 MIRC Ch.20 CHAPTER 20 - BETELNUT PROHIBITION 312.30 1 2 §2005. Offense and Penalties. 3 (1) Any person who violates Section 3 of this Chapter shall be guilty of an offense and 4 upon conviction: 5 (a) for a first offender, liable to thirty (30) days imprisonment or one hundred 6 dollars ($100) fine or both. 7 (b) for a repeated offender, liable to 3 months imprisonment or three hundred 8 dollars ($300) fine or both. 9 (2) Any person who violates Section 4 shall be guilty of an offense and upon conviction: 10 (a) for first offender, liable to 5 days community service or fine one hundred 11 dollars ($100); 12 (b) for repeated offender, liable to 10 days community service or fine two hundred 13 dollars ($200). 14 15 §2006. Seizure, Forfeiture and Destruction. 16 (1) Any quantity of betelnut imported, distributed for the purposes of sale in violation of 17 Section 3, other than for personal consumption, shall be subject to seizure and destruction by an 18 immigration officer, custom officer, ports officer or any police officer. 19 (2) Any proceeds realized by any of the officers mentioned in Subsection (1), or proceeds 20 forfeiture thereof shall be deposited into the Ministry of Justice Special Revenue Fund, and to be 21 utilized for the purposes of that Fund. 22 23 §2007. Littering Prohibited. 24 (1) It shall be unlawful under this Chapter and the provisions of the Littering Act, 1982, 25 for a person to discharge belelnut spittle, substances or refuse in places accessible to the public. 26 (2) Any person who violates Subsection (1) is guilty of an offence shall upon conviction 27 liable to a fine not less than fifty dollars ($50) and or subject to a community service for one 28 week. 29 30 §2008. Issuance of citation notice. 31 (1) A police officer, or a peace officer appointed under Section 151(1) of the Local 32 Government Act 1980 may issue a citation to a person that has or is committing an 33 offence under this Chapter . 34 (2) The officer must inform the person to whom the notice has been issued that he or she 35 may elect to pay the fine or go to court in the usual manner. 36 (3) The Court shall ensure that all fines imposed and collected under this Chapter shall be 37 deposited into the Ministry of Justice Special Revenue Fund, and to be utilized for the purposes 38 of that Fund. 39 CHAPTER 20 - BETELNUT PROHIBITION 7 MIRC Ch.20 312.30 1 2 3 4 5 6 7 8 9 10 11 12 [BLANK PAGE]