Livestock and Livestock Products Act, 1981

Avision OFFICIAL EXTRAORDINARY OF SOUTH WEST AFRICA BUITENGEWONE OFFISIELE KOERANT VAN SUIDWES-AFRIKA PUBLISHED BY AUTHORITY UITGAWE OP GESAG 30c Tuesday 4 August 1981 WINQHOEK Dinsdag 4 Augustus 1981 No. 4506 CONTENTS: GOVERNMENT NOTICE: No. J\G. 'l9 Promulgation of Meat Industry Act. 1981 C Act 12 of 1981), of the National Assembly of South West Africa Government Notice Office of the Page ADMINISTRATOR-GENERAL FOR THE TERRITORY OF SOUTH WEST AFRICA DEPARTMENT OF CONSTITUTIONAL DEVELOPMENT No. AG. <Jl}' 1981 PROMULGATION OF ACT OF NATIONAL ASSEMBLY The following Act. which has been adopted by the National Assembly of South West Africa and signed by the Administrator-General in terms of the National Assembly Proclamation. 1979 (Proclamation AG. 21 of 1979). is hereby published in terms or section 19 or that Proclamation:~ No. 12 of IIJRI: Meat Industry Act. 1981 INHOUD: GOEWERMENTSKENNISGEWING: No. AG. 99 Afkondiging van Wet op die Vleisbedryf, 1981 (Wet 12 van 1981), van die Nasionale Vergadering van Suidwes-Afrika Goewermentskennisgewing Kantoor van die Bladsy ADMINISTRATEUR-GENERAAL VIR DIE GEBIED SUIDWES-AFRIKA DEPARTEMENT VAN STAATKUNDIGE ONT­ WIKKELING "No. AG: 99 1981 AFKONDIGING VAN WET VAN NASIONALE VERGADERING Die volgende Wet, wat ingevolge die Proklamasie op die Nasionale Vergadering, 1979 (Proklamasie AG. 21 van 1979), deur die Nasionale Vergadering van Suidwes-Afrika aangeneem en deur die Administra­ teur-generaal onderteken is, word hierby afgekondig ingevolge artikel 19 van daardie Proklamasie:-- No. 12 van 1981: Wet op die Vleisbedryf, 1981 2 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 MEAT INDUSTRY ACT, 1981 (Afrikaans text signed by the Administrator-General on 21 July 1981) ACT To establish a South West an meat board and to de- fiDe Ita objects, pow duties and 1\mcdons, and to provide ror control er the aradiDa, sale, Importation and export or the lmposldon or levies In respect or livestock, t or meat products, and to provide for other tal matters. BE IT ENACTED by the National Assembly of South West Africa, as follows:- · I. In this Act, unless the context otherwise indicates - (i) (ii) (iii) (iv) (v) (vi) "board means the ~West African Meat Board established ~ion 2; (viii) "controlled product" means livestock, meat or meat products; (i) "inspector" means an inspector appointed under section 12(1); (iv) "livestock" means cattle, sheep, goats, pigs or meat derived therefrom; (v) "meat" means those portions of slaughter animals ordinarly sold for human consumption, including such other portions thereof as at the time of sale form part of such first-mentioned portions, while forming part thereof; (xii) "meat product" means any commodity derived from the processing of meat or containing a sub­ stantial portion of meat or of any article derived · from the manufacture or processin11 of meat· ~iii) (vii) "premises" includes any vehicle, aircraft or vessel: (vi) (viii) (ix) "prescribed" means prescribed by or under this Act; (xiv) "prOcessing" means - 4 Official Gazette Extraordinary 4 August 1981 No. 4506 Aet No. 12, 1981 MEAT INDUSTRY ACT, 1981 (a) in connection with industrial hides or skins, the partial or entire removal of the natural wool or hair covering on the hide or skin or subjecting a hide or skin to a tanning process or to any process in which the natural wool or hair covering and the pelt are not separated from one another or are partially or entirely separated from one another, or the use of any hide or skin for the manufacture of any product. and in any such connection "process" shall have a corresponding meaning; (b) in connection with slaughter animals, the slaughtering thereof and their separation into meat and by-products, and in any such con­ nection "process" shall have a corresponding meaning; (xi) (x) "producer" in connection with any controlled product. except for the purposes of section 4, in­ cludes- (a) any person concerned in the production, manufacture or processing of such product; (b) as regards any quantity of such product im­ ported into or exported from the territory, the person importing or exporting it; (c) in the case of slaughter animals or any by-pro­ duct thereof, the owner of such slaughter ani­ mals; (vii) (xi) "sell" includes, except in section lO(l)(b) and (d)- (a) attempt or agree to sell; (b) mark with a selling price; (c) export, offer, advertise, keep, expose, trans­ mit, convey, deliver or prepare for sale; (d) exchange; (e) dispose for any consideration whatsoever; or (/) export. transmit, convey or deliver in pur­ suance of a sale, exchange or any disposal as aforesaid, and "sale" shall also have a corresponding mean­ ing; (x) (xii) "slaughter animals" means cattle, sheep, goats or pigs slaughtered or intended to be slaughtered; (ix) 6 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 Eltablishment of board. Objects of board. Coascilution and adviiCfl of board. (xiii) (xiv) MEAT INDUSTRY ACT, 1981 "territol)'': m~e territory of South West Afric~ "this Act" includes any regulation made under section 25 and any notice promulgated in the Offi­ cial Gazette under section 10(2), 17(1), 18, 19 or 20. (iii). 2. There is hereby established a ard to be known as the South West African Meat Bo which shall be a body cor- porate, capable of suing being sued in its corporate name, and of perform· all such acts as are necessary for or incidental to the ing out of its objects and the per­ formance of its nctions and duties in terms of this Act. 3. The objects of the board are to promote the interests of the meat industrv of the territory in the territory and else­ where. 4. (I) The board shall consist often membe 's appointed by the Administrator-General, of whom - (a) six shall be persons selected by the dministrator­ General from amongst persons nomi ated at his re­ quest by any body or organization ich in his opi­ nion is representative of producers f livestock; (b) one shall be a person selected by e Administrator­ General from amongst persons n minated at his re­ quest by any body or organizati which in his opi­ nion is representative of m facturers of meat products; (c) one shall be a person selected y the Administrator­ General from amongst perso s nominated at his re­ quest by any body or organi ation which in his opi­ nion is representative of pe sons trading in meat; (d) one shall be a marketing a ent of any controlled pro­ duct; and (e) one shall be an officevpployed in any department referred to in the sch le to the Government Ser­ vice Act, 1980 (Act 2 f 1980). · (2) H any body or organiza on referred to in subsection (I) does not exist or if any s h body or organization fails to nominate in terms of that ubsection as many persons as may be required for ap intment. the Administrator- General may appoint such s as he may deem fit to be members of the board in 1 of the said subllection. 8 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 Tenure of office of members of board and re­ muneration and allow­ ances of such members and of advilen. MEAT INDUSTRY ACT, 1981 (3) The Administrator-General may appoint any person he deems fit, to act as a member during the Administrator­ General's pleasure in the absence of any member of the board or whenever there is a vacancy in the board. (4) The board may from time to time appoint not more than three persons to advise the board in the exercise of its powers or the performance of its functions and duties, for such period as it may determine. 5. (I) Any member of the ard other than a member re­ ferred to in section 4(1 )(e) or y acting member shall hold office for such period not ex ing three years as the Ad­ ministrator-General may d rmine at the time of appoint- ment. (2) Any member refe d to in section 4(1 )(e) shall hold office during the Adm · strator-General's pleasure. (3) Any person wh se period of office as a member of the board has expir y the effiuxion of time shall be eligi- ble for reappointrne t. (4) Any mem of the board other than a member referred to in sec on 4(1)(e) and advisers of the board shall receive out oft funds of the board such allowances as the board may fro time to time determine with the approval of the Administr tor-General. v""""".,..,..,.,,...., 6. Any member of the board shall vacate office if- ber of boU'd. Chairman and deputy- (a) he signifies in writing his wish to resign; (b) his estate is sequestrated or he compromises with his creditors; (c) he is detained as a mentally ill person under the provisions of any law; (d) he is convicted of an offence and sentenced to a term of imprisonment without the option of a fine; (e) he has been absent from three consecutive meetings of the board without its leave; (/) the Administrator-General removes him from office for such reasons as in the opinion of the Administra­ tor-General may be good and sufficient reasons; (g) in the case of a member referred to in section 4(1Xa), he is or becomes involved in the management of any branch of the meat trade. · 7. (I) The members the board shall from time to time elect any member refl to in section 4(1)(a) to be chair­ man and from among the remaining members a deputy- chairman who shall long as they remain members of the board, hold office ~ r such period of not less than twelve months as the boar may determine at the time of their elec­ tion. 10 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 MEAT INDUSTRY ACT, 1981 (2) If the chairman is for any reason unable to act as chairman, the deputy chairman shall act in his stead. (3) If the chairman and the deputy chairman are absent from a meeting of the board or are unable to preside, the members present shall elect one of themselves to preside at such meeting and the person so elected to preside, shall per­ form all the duties of the chairman during such meeting and until the chairman or deputy chairman resumes his official duties. 8. (I) The first meeting of tbe board shall be held at such time and place as tbe Administrator-General may deter­ mine and all subsequent meetings shall, subject to tbe provi­ sions of subsection (2), be held at such times and places as the board may from time to time determine. (2) The chairman of the board may at any time and shall at the request of not less than four members of tbe board convene a special meeting of the board to be held at such time and place as tbe chairman may determine, which time in the case of any such request shall be witbin fourteen days from the date on which the request has been made. (3) The quoru m f~~g oftbe board shall be silt members the (4) All resolutions at any meeting of tbe board shall be by majority vote of tbe members present and in tbe case of an equality of votes on any matter, tbe person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (5) No resolution passed by tbe board or act performed on the authority of the board shall be invalid merely by reason of a vacancy in tbe board or tbe fact tbat any person who is not entitled to sit as a member of tbe board, sat as such a member when the resolution was passed or tbe act was authorized, if the resolution was passed or tbe act was authorized by tbe required majority of tbe members of tbe board then present and entitled to sit as members. 9. (I) The board may- (a) from time to time establish any committee, herein­ after in this Act referred to as an advisory commit­ tee. to advise the board in tbe exercise of any of its powers or the performance of any of its functions or duties and may, for such period as it may determine, appoint such members of the board or other persons thereon as it may deem fit to be members of such committee: (h) designate any member of any such committee to be chairman thereof: 12 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. ll, 1981 Powers or board. MEAT INDUSTRY ACT, 1981 (c) during the absence of the chairman designate any such member to be acting chairman. (2) The chairman of the board shall be ex officio a member of any advisory committee. (3) The board may assign to any advisory committee such of its powers as it may deem fit, but shall not be divested of any powers which it may have assigned to an advisory committee, and may amend or withdraw any deci­ sion of any such committee. (4) Any advisory committee shall exercise its powers and perform its functions and duties in accordance with the directions of the board. (5) Any member of an advisory committee other than a member of the board, shall receive such allowances as the board may with the approval of the Administrator-General from time to time determine. (6) Any reference in this Act to the board or the chair­ man thereof in relation to the exercise of any power of the board assigned to any advisory committee, shall be con­ strued as including a reference to that committee or to the chairman thereof, as the case may be. (7) The provisions of section 8(5) shall mutatis mutandis apply in respect of any advisory committee. 10. (I) The board shall have power- (a) to employ, subject to the directions of the Ad­ ministrator-General, officers for the performance of its functions and the achievement of its objects, and to determine the rights, privileges, duties and re­ sponsibilities of such officers; (b) to hire or to acquire otherwise than by way of dona­ tion or in like manner, any movable property and to let, hypothecate, sell or otherwise dispose of any movable property so acquired; (c) with the approval of the Administrator-General to acquire movable property by way of donation or in like manner; (d) with the approval of the Administrator-General, to hire or acquire immovable property and to let, hypothecate, sell or otherwise dispose of immovable property other than immovable property acquired by way of donation or in like manner; (e) to use in such manner as the Administrator-General may approve, any property acquired by the board by way of donation or in like manner; 14 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. Jl, 1981 MEAT INDUSTRY ACT, 1981 (/) with the approval of the Administrator-General, to pay to an insurer out of the funds of the board in­ surance premiums for insurance cover - (i) in respect of bodily injury, incapacity or death be­ ing solely and directly the result of any accident . occurring in the course of the JX:rformance of his official duties by any member or adviser of the board or any member of any advisory commit­ tee; or (ii) in respect of any loss, damage, risk or liability arising out of the performance of the functions or duties of the board; (g) to appoint any of its officers as inspector to exercise or perform, in any particular case or in general, the powers, functions or duties conferred upon or assign­ ed to an inspector by or under this Act; (h) subject to such conditions as the Administrator­ General may approve, to appoint in the territory or elsewhere persons as agents of the board to assist the board in the performance of its functions and, sub­ ject to a right of appeal to the Administrator­ General, to refuse the application of any person to be appointed as agent or to terminate the appointment of any person as agent: (i) (i) with the approval of the Administrator-General, to take steps with a view to increasing the de­ mand for controlled products in the territory or elsewhere; tm with such approval, o render assistance by way of donation or loan in any other manner, in connection with or · respect of research in regard to the improvem t, production, preser­ vation, slaughter, prepara ·on, processing, stor­ . ing, consumption or mar ing of controlled products; (iii) to establish any information service in connec­ tion with any industry in respect of any con­ trolled product or to give advice and guidance in connection with any such industry to producers and other interested parties; (j) with the approval of the Administrator-General, to borrow money necessarily required for the per­ formance of its functions and the achievement of its objects; 16 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 MEAT INDUSTRY ACT, 1981 (k) with the approval of the A · · trator-General to require any particular pers r persons belonging to any category or class persons concerned with the production, mar ng, slaughter, processing, preser- vation, pr ation or storing of any controlled produ respect of such controlled product - (i) to keep specified records; (ii) to furnish the board with specified information or returns in a specified manner and at specified times; (I) to register any person on application in the prescribed form, as producer of or speculator in any controlled product on such conditions as the board may from time to time determine or subject, to a right of appeal to the Administrator-General, to refuse any such application; (m) if it is satisfied that any person registered under paragraph(l)has contravened or failed to comply with this Act or any condition of registration, to cancel the registration of such person, subject to a right of appeal to the Administrator-General; (n) with the approval of the Administrator-General to prohibit any producer of or speculator in any speci­ fied controlled product or any such producer or speculator of a specified category or class, from sell­ ing in or exporting from the territory such controlled product or any specified category or class thereof un­ less he has been registered by the board as such a producer or speculator and complies with his condi­ tions of registration; (o) with the approval of the Administrator-General to prohibit any producer of or speculator in any con­ trolled product or any such producer or speculator of a specified category or class, from selling such con­ trolled product or quantity thereof or any specified category or class or quantity thereof except through the agency of the board or to or through the agency of specified persons or persons of any specified category or class or except to the extent to which and in accor­ dance with the conditions on which the· board may have granted such producer or speculator exemption from the prohibition concerned; (p) with the approval fo the Administrator-General to prohibit any producer of any specified controlled product or any such producer of a specified category or class from selling any category, class or quantity of such controlled product other than such category, 18 Official Gazette Extraordinary 4 August 1981 No. 4S06 Act No. ll, 1981 I MEAT INDUSTRY ACT, 1981 class or quantity as the board may specify, or to sell the said controlled product for any purpose other than a purpose so specified; ( q) with the approval of the Administrator-General to prohibit any person or any person of any category or class to sell, buy, supply, deliver or convey any con­ trolled product or any category or class thereof on or at specified days or times or during specified periods or more often or less often than as he did so imme­ diately prior to the imposition of the prohibition; (r) with the approval of the Administrator-General to prohibit any person or any person of any category or class to sell or export from the territory any con­ trolled product or any category or class thereof, ex­ cept on the authority of and in accordance to the con­ ditions contained in any permit issued by the board; (s) if it is satisfied that the holder of a permit referred to in paragraph (r) has contravened or failed to comply with this Act or any condition of such permit, to cancel such permit, subject to a right of appeal to the Administrator-General; (t) with the approval of and subject to a right of appeal to the Administrator-General, to prohibit any person of any category or class to erect any abattoir, factory or refrigeration plant for use in connection with any controlled product; (u) to buy any controlled product at such price or on such basis as the Administrator-General may ap­ prove, or to treat, classify, pack, store, process, pre­ pare for use, insure, advertise or convey, or in un­ processed or fully or partially processed form to sell any controlled product so bought at or on such a price or basis, or to withhold it from the market; (v) with the approval of the Administrator-General to undertake the marketing or distribution for aale of any controlled product or to act as agent for the re­ ceipt, conveyance, preparation for aale, classifica­ tion, processing or aale of any such product; (w) in performing its functions in the territory or elsewhere, with the approval of the Administrator­ General to co-operate as partner or otherwise with 20 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 Appeal to Admini!ltl'lltor· General from decision of board. lnspccton.. MEAT INDUSTRY ACT, 1981 any body concerned with the marketing or distri­ bution for sale of any controlled product; (x) to take such other steps and to perform such other acts as may be required for the achievement of its objects and the proper performance of its functions and duties in terms of this Act. (2) Any requirement under subsection (I)(k) or any prohibition under this section and the date of commence­ ment thereof shall be made known by the board - (a) by notice in the Official Gazette; or (b) by notice to persons affected thereby, in such other manner as the Administrator-General may from time to time or in any particular case determine. '-' II. Whenever any decision of the board is in terms of this Act subject to an appeal to the Administrator­ General, any person aggrieved by such decision may, within ninety days after the board has notified him of the decision, appeal against it to the Administrator-General, and the Ad­ ministrator-General may confmn, set aside or amend such decision or issue in connection therewith such order as he may deem fit. 12. (I) The board shall furnish any inspector with a cer­ tificate stating that he has been appointed as an inspector under this Act and which he shall in exercising his powers under this Act, produce on demand. (2) In order to ascertain whether or to ensure that the provisions of this Act or any directions issued thereunder are being complied with, or in order to obtain evidence in connection with the non-compliance with the said provi­ sions or directions, any inspector may - (a) at all reasonable times enter upon any premises - (i) occupied by any person being or suspected of be­ ing a producer of or speculator in any controlled product or any person trading or suspected of trading in any controlled product; (ii) in or on which controlled products are being or are suspected of being kept, sold, manufactured, produced, processed, treated, prepared, graded, classified, packed or marked by any person; (b) in or on any premises referred to in paragraph (a)- 22 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 111111 MEAT INDUSTRY ACT, 1981 (i) put to any person therein or thereon such ques­ tions as he may deem necessary and inspect the activities in connection with the keeping, selling, manufacture, production, processing, treatment, preparation, grading, classification, packing or marking of controlled products; ' (ii) examine or inspect any controlled product or any book, document or record relating to any such product found by him therein or thereon and make copies of or extracts from any such book, document or record; · (c) request any person referred to in paragraph (a), at such time and place as the inspector may determine- (i) to point out all controlled products in his posses­ sion or under his control; (ii) to produce to the inspector for the purpose of ex­ amination or of making copies or extracts, all books, documents or records in his possession or under his control, relating to such products; or {I){, /o /1.., p>feJ U (iii>;:to Jreply to questions in connection with the last- ~ mentioned controlled products, books, docu­ ments or records and those referred to in paragraph (b) or entries in such books, docu, ments or records; (d) seize and remove any controlled product or book, document or record or any portion thereof, referred to in paragraph (cXiii) which in his opinion may fur­ nish proof of a contravention of any provision of this Act or any direction issued thereunder, or leave it on the premises concerned after an identification mark has been put thereon or on the container thereof; (e) take a sample of any controlled product referred to in paragraph (cXiii) and examine, analize, classify or grade it or cause it to be examined, analized, classi­ fied or graded; (/) grade, classify, pack or mark or re-grade, re-classify, re-pack or re-mark in accordance with the require­ ments of this Act any controlled product in or on any premises referred to in paragraph (a), or request the person in charge of any such premises or any employee or agent of such person to cause the said controlled product to be so graded, classified, packed or marked or re-graded, re-classified, re-packed or re­ marked; (g) whenever acting under this section, be accompanied by and avail himself of the services of an assistant or interpreter or. any member of any police force. 24 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 MEAT INDUSTRY ACT, 1981 """''"' """""" 13. (I) The board shall open with a banking institution l'!nandal year approved of by the Administrator-General - (a) a general account in which there shall be deposited all moneys received by the board other than moneys relerred to in paragraph (b) or (c) and also all interest derived from the investment of moneys standing to the credit of any account referred to in this section; (b) in respect of every special levy a special account in which there shall be deposited - (i) all the special levy moneys concerned; (ii) moneys accruing to that account from any other source; (c) a reserve account in which there shall be deposited- (i) all such moneys as the Administrator-General may from time to time determine; (ii) moneys accruing to that account from any other source. (2) Moneys standing to the credit of the accounts re­ ferred to in subsection (1) and not required for immediate use or as a reasonable working balance, shall be invested in such manner as the Administrator-General may from time to time determine. (3) The moneys in the said accounts shall be under the control of the board, which shall, subject to the directions of the Auditor-General, cause proper account to be kept of all moneys received or expended in respect of every account. (4) The moneys in the general account shall, subject to the directions of the Administrator-General, be utilized for achieving the- objects of the board, exercising its powers or performing its functions or duties. (5) The moneys in any special account shall, subject to the directions of the Administrator-General, be utilized for the purposes for which the special levy concerned has been imposed. (6) The moneys in the reserve account shall be utilized for such pruposes as the Administrator-General may on the recommendation of the board from time to time determine. (7) The Administrator-General may authorize the board to transfer moneys in any particular banking account of the board to any other such banking account. 14. The financial year of the board shall be the period from I April of any year up to and including 31 March of the next succeeding year. 26 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. ll, 1911 Estimates of iDCDIM and upenditure. Financial ll*rnenta. alldi­ tina ud wbmiuioll of re­ ports to Adm,nistrator­ Genenl and National Auernbly. Levies. . -~ - MEAT INDUSTRY ACT, 1981 15. (I) The board shal at such times as the Administra­ tor-General may direct ubmit to him for approval es­ timates or additional e 1mates of income and expenditure during any financial ear in respect of every account referred to in sectio 13. (2) No expendi re shall be incurred during any fmancial year except in a rdance with the estimates approved by the Administra r-General under subsection (l) in respect of that finan a! year. 16. (I) The board shall in respect of every account referred to in section 13, cause to be prepared in each year a statement of its income and expenditure during its last preceeding financial year and a balance sheet showing its financial position at the end of that fmancial year. (2) All accounts of the board and the statement and balance sheet referred to in subsection ( l) shall be audited by the Auditor-General. (3) The board shall in each year within six months after the close of its financial year submit to the Administrator­ General, a report in regard to its activities during the last preceeding calendar year, together with a copy of the audited statement and balance sheet referred to in subsec­ tion (l) in respect of the said fmancial year. (4) The said report shall within fourteen days of its re­ lease, be laid upon the Tables of the National Assembly, or if the National Assembly is not then in session, on the first day upon which it again assembles. <\ 0,\ "\ \ :;>,. 17. ilRJbe Administrator-General may from time to time on the recommendation of the board, by notice in the Official Gazette and with effect from such date as may be mentioned in such notice, impose on a basis so mentioned a general levy or, for any purpose so mentioned, a special "levy in respect of any category, class or kind of controlled products, or abolish any such levy or amend the amount or basis thereof. (2) Any such levy shall be payable to the board in the prescribed manner and at the prescribed times by such category or class of persons as may be mentioned in the said notice or on their behalf by any other category or class of persons so mentioned. (3) Whenever any levy is paid in terms of this section by any person on behalf of any other person, there shall be paid by the board to such first-mentioned person the prescribed commission in respect of the payment con­ cerned and the amount of the levy may be recovered in the prescribed manner from the said other person by such first­ mentioned person. 28 Official Gazette Extraordinary 4 August 1981 No. 4506 Ad No. 12, 1981 Gndin1. composition, PKkina 01' markina or eon­ trolled products. Fixing of prices. MEAT INDUSTRY ACT, 1981 18. The Administrator-General may by notice in the Official Gazelle prohibit any person or any person of a specified category or class from selling any specified con­ trolled product or any such product of a specified category or class in any specified area or at any specified place or for any specified purpose - (a) unless it is sold according to specified prescribed grades or classes; (b) unless it complies with the prescribed standards for the composition thereof and contains the required prescribed ingredients or other substances; (c) unless it has been packed in a prescribed container and in the prescribed manner; (d) unless it has been marked in the prescribed manner with the prescribed particulars; (e) if it contains any prohibited prescribed substance; (f) if it has been packed in any prohibited prescribed con­ tainer or manner; (g) if it has been marked with prohibited prescribed par­ ticulars or in a prohibited prescribed manner; or (h) unless it is sold in accordance and compliance with the conditions of an exemption in writing issued by the Administrator-General or any person authorized by him. 19. The Administrator-General may from time to time. after consultation with the board. by notice in the Official Gazelle- (a) prohibit any person or any person of any category or class from selling or disposing in the territory or elsewhere any specified controlled product or any specified category or class thereof at any price other or lower or higher than a specified price or than a price calculated on a specified basis or from de­ manding any such price for any such product in the territory or elsewhere; (b) require any person disposing of the said controlled product or any specified quantity thereof on credit or for a specified amount, to furnish to the board at specified times an invoice containing specified parti­ culars; (c) require specified persons or persons of a specified category or class to display the prices referred to in paragraph (a) in such manner and forrn and on such premises as may be specified in the notice. 30 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 11, 1981 lmpon~tion and nport ot Clllltrolled products. Offence3 •nd penalties. MEAT INDUSTRY ACT, 1981 20. The Administrator-General may, after consultation with the board, by notice in the Official Gazette - (a) prohibit the importation or the export from the terri­ tory of any controlled product other than stud stock or any category or class thereof; (b) subject to such conditions as may be mentioned in the notice- (i) prohibit the said importation or export by any person other than the board; (ii) prohibit such importation or export except by the holder of a permit issued at the discretion of the board, but subject to the right of appeal to the Administrator-General and in accordance with such conditions as may be stated by the board in such permit. 21. (I) Any person who- (a) falsely represents himself to be an inspector; (b) hinders or delays any inspector or any person law­ fully accompanying him in the exercise of his powers as inspector; (c) refuses or fails to reply to the best of his ability to any question lawfully put to him by any inspector in the excercise of his powers, or in reply to any such ques­ tion makes any statement or representation knowing it to be false or not knowing or believing it to be true; (d) without the consent in writing of an inspector re­ moves from the place where it has been left by him or tampers with or destroys or makes alterations in or to anything seized by such inspector in the exercise of' his powers; . . -· • ; - - -- '...l I • --I - ' ~ (e) refuses to comply or fails to comply to the best of his ability with any requirement under section I 0( l)(k) or 19(b) or (c) or any request under section 12(2)(c) or (f); (f) performs any act in c~ntravention of any prohibition under section I 0( 1), 18, 19( a) or 20; (g) buys or acquires any controlled product from any person selling or supplying it to him in contravention of a prohibition under section lO(l)(o), (p) or (q); (h) fails to pay any levy referred to in section 17 in the prescribed manner and at the prescribed times; or 32 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. IZ, 1981 EwiderKC. MEAT INDUSTRY ACT, 1981 (i) contravenes or fails to comply with any provision of this Act, shall be guilty of an offence d liable on conviction to a fine not exceeding three usand rand or imprisonment for a period not exceed' six months or to both such fme and such imprisonm (2) If any person is found guilty of any offence for fail­ ing to pay any levy, the court convicting him shall at the same time, in addition to any penalty imposed for such offence, order him to pay to the board an amount equal to the amount of the levy still owing by him to the board ac­ cording to evidence adduced at the trial, whereupon such order shall be excecuted as if it were an order in civil proceedings. 22. (I) Whenever at the trial of any person charged with any contravention of this Act, the question arises whether or not any person with a particular name - (a) has funished to the board any particular information or any particular return or other document within a particular period; or (b) has paid to the board any particular levy or any por­ tion thereof within any particular period; or (c) is registered with the board; or (d) is the holder of any particular permit issued under this Act, any document in writing purporting to be an affidavit of any person alleging in such affidavit that he is an employee of the board and that no person with the said name has furnished the said information or return or other document to the board within the said period, or has paid the said levy or any portion thereof to the board within the said period, or is registered with the board or is the holder of a particular per­ mit issued under this Act. as the case may be, shall on its mere production at such trial by any person, be prima facie evicende of the facts mentioned therein. (2) At any trial referred to in subsection (I) a certificate stating the result of any examination, analysis, grading or other classification made by virtue of the provisions of this Act and purporting to have been signed by the person who made the examination, analysis, grading or classification, shall be prima facie evidence of the facts mentioned therein. 34 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 11, 1!181 Tr....t• ol ..-u ucl liltlilitilll ol ... T..­ C.-ral . ,. 10 "'-'&. MEAT INDUSTRY ACT, 1981 23 .. Any magistrate's court shall, notwithstanding at:t~mg to the contrary in any law contained, have juris­ diction to make any order or impose any penalty provided for by this Act. 24. (I) The Administrator-General may make re­ gulations not inconsistent with this Act relating to - (a) the manner of treating, preparation or processing of controlled products for grading or classification~ (b) the persons or officers who are qualified to grade controlled products for the purposes of this Act and the manner in which grading shall take place; (c) the form and manner of appealing to the Administra­ tor-General qainst any resolution of the board; (d) an appeal to the board . against the grading or classification of any controlled product and the period and manner in which any such appeal shall be noted; (e) the manner of takina umples by an inspector for the purposes of this Act; (/) the metbod to be adopted and the procedure to be followed by any inspeetor when in8pectina any parti­ cular quantity of any controlled product and the per­ centqe thereof deemed to be representative of such quantity for the purpose~ of inspection; (g) all matters which shall or may under thil Act be pre­ scribed or which the Administrator-General deems it necessary or expedient to prescribe in order to achieve the objects of thil Act. (2) Different regulations may be made in 1espect of different categories or cluses of penona or controlled products or different areas. 2S. All 88811t&, liabilities, ri&hts and duties of the Meat Trade Control Board (hereinafter in this Act referred to as the old board) established by the Meat Trade Control Ordi­ nance, 1962 (Ordinallce 20 of 1962), shall become the ·· assets. liabilities, rights and duties of the board, and the se- · vera! banking accounts of the board shall, on such basis as the Administrator-General may determine, be credited with the moneys in the several funds under the control of the old board or accruing to those funds or which would so have accrued if this Act had not been enacted. 36 Official Gazette Extraordinary 4 August 1981 No. 4506 Act No. 12, 1981 Repeal of Jaws and I&YinR;L MEAT INDUSTRY ACT, 1981 26. (I) The Meat Trade Control Ordinance, 1962 (Ordi­ nance 20 of 1962), the Meat Trade Control Amendment Or­ dinance, 1963 (Ordinance 3 of 1963), the Meat Trade Con­ trol Amendment Ordinance, 1964 (Ordinance 2 of 1964 ), the Marketing Act, 1968 (Act 59 of 1968), in so far as it re­ lates to controlled products, Proclamation R.l23 of 1970. Proclamation R.l26 of 1971 and the Control of the Meat Trade in South West Mrica Amendment Act, 1972 (Act 69 of 1972), are hereby repealed. (2) Any regulation made or any levy or prohibition im­ posed or any permit, exemption or certificate issued or any registration or appointment made under any provision of any law repealed by this Act or any regulation made thereunder, which could .awl!! be made, imposed or issued under a corresponding provision of this Act, shall be deem­ ed to have been made, imposed or issued under the said cor­ responding provision, and any reference in or in respect of any such regulation, levy, prohibition, permit, exemption, certificate, registration or appointment - (a) to the old board shall be construed as a reference to the board; (b) to any law repealed by this Act shall be construed as a reference to this Act; (c) to the holder of any office shall be construed as a re­ ference to the holder of a similar office under this Act. 27. This Act shall be called the Meat Industry Act, 1981, and shall come into operation on a date to be fiXed by the Administrator-General by proclamation in the OjJlclal Gazette.