Central Marketing Agency (Wholesale Marketing) Regulations, 1999 (Cap. 63:05)

www.legalaffairs.gov.tt LAWS HI" TRiNiDAD AND TUBAl;U MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Developme nt Corporation Chap. 63:05 61 [Subsidiary] CENTRAL MARKETING AGENCY (WHOLESALE MARKETING) REGULATIONS ARRANGEMENT OF REGULATIONS REGIJLAll0N I . Citation. 2. Interpretation. 3. Hours of opening and dosing of wholesale market. 4. Licence required for sale of agricultural produce. 5. Successful applicant to be notified in writing . 6. Restriction on sale of produce by wholesaler. 7. Licence required to operate scale or hand barrow. 8. General Manager may require wholesaler, etc., to s ubm it himself for medical examination. 9. General Manager may suspend licence of wholesaler, etc. I() S,:alp.-npp.nltnr tn kp.p.p daily rp.(:nrd nf volume nf prndllcp. wp.irhp.d by him. II . Type of scale permitted to be used. 12. Offence to have false or unjust weights. etc.. in one's possession . 13. Procedure where dispute arises between a wholesaler and a purchaser. 14. Wholesaler may park containers. 15. Licence req uired for use of parking facilities . 16. Mode of application for licence. 17. Fees to be paid to Agency . 18 . Obligutions of wholesaler, 19. Agency not liable for safe keeping of articles . 20. Written permission of General Manager required to do certain things . 21. Restrictions on use of wholesale market. 22. Penalty . SCHEDULE. LR .O. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 62 [Subsidiary] Chap. 63:05 LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporation 40/1976 . Citation . In terpretation Schedule. Hours of opening and closing of wholesale market. Licence req uired for sale of agricultu ra l produce . CENTRAL MARKETING AGENCY (W llULJ<;SALJ<; M AKKKllNG ) KJ<;GULATJUNS made under section 35 1. These Regulations may be cited as the Central Marketing Agency (Wholesale Marketing) Regulations. 2. In these Regulations "the Agency" means the Central Marketing Agency established under section 3 of the Act; "central wholesale market" or "wholesale market" means any place from time to time described in the Schedule ; "General Manager" means the person appointed as such under section 14 of the Act; "porter" means a person who has been granted a licence by the Agency for the purpose of operating a hand-barrow in a wholesale market; "scale-operator" means a person who has been granted a licence by the Agency for the purpose of operating a scale in a wholesale market ; "stall" includes any stand, table, shed or place allotted to a wholesaler in e wholesale marker for the pllrpose of selling or offering or exposing for sale any agricultural produce ; "wholesaler" means a person who has been granted a licence by the Agency to sell agricultural produce by wholesale in a wholesale market. 3. (I) The hours of opening and closing of a wholesale market shall be as from time to time determined by the Agency. (2) No wholesale market shall be open for business on public holidays. 4. (I) No person shall sell agricultural pro duce in a wholesale market unless he is in possession of a licence issued in accordance with these Regulations. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Chap. 63:05 Central Marketing Agency (Wholesale Marketing) Regulations (2) An application for a licence shall be made in the manner specified in these Regulations and must be accompanied by (a) a certificate of good character; and (b) a medical certificate of good health issued by a Medical Officer of Health. 5. (I) Where an applicat.iou is successful the General Manager shall notify the applicant in writing and require the payment of a fee of five dollars. On payment of the fee a licence shall be issued. (2) A licence issued under subregulation (I) shall be in respect of the agricultural produce, stall and wholesale market specified therein and shall be valid for one calendar year, but Inay be renewed annually if the requirements of regulation 4(2) are satisfied and on payment of a fee of five dollars. 63 [Subsidiary] Successful applicant to be notified in writin g. 6. A wholesaler shall not be permitted to sell any produce Restriction 00 sale of produce whatever by retail in a wholesale market and the minimum by wholesaler. wholesale units of sale therein shall be in the amounts hereunder specified: Produce lettuce watercress and spinach chive bodi peas Minimum wholesale Units ofsale 10 heads 10 bundles (weighing in the aggregate not less than 10 Ibs.) I large bundle (each of 24 bunches and weighing in the aggregate not less than 2Ibs). I large bundle (weighing not less than 10 Ibs.) LR D . l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 64 [Subsidiary] LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Chap. 63:05 Development Corporation Central Marketing Agency (Wholesale Marketing) Regulations Produce dasheen leaves celery patchoi ochroes pumpkin mangoes and citrus (oranges. grapefruit, etc .) pommecytheres dry coconuts breadfruit all other produce (except con diments) All condiments (except other wise specified) Minimum wholesale Units ofsul« I small parcel (each of 25 bundles "no weighing in the aggregate not less than 30 Ibs.) 10 bundles (weighing in the aggregate not less than 2Ibs.) 10 bundles (weighing in the aggregate not less than 10 lbs.) 100 in number 55 in number 50 in number 100 in number 25 in number 25 in number 10 Ibs. 10 bundles or 10 in number depending on their uni t of sale. Licence required to operate scale or hand barrow. 7. No person otherthan a wholesaler, shall operate a scale or a hand barrow in a wholesale market unless he is in possession of a licence issued in accordance with these Regulations. Fees shall not be payable in respect of such a licence. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Chap. 63:05 Central Marketing Agency (Wholesale Marketing) Regulations 8. The General Manager. if he has reasonable grounds to believe that a wholesaler, porter or scale-operator is suffering from an infectious or contagious disease . shall require the wholesaler. porter or scale-operator to submit himself forthwith to a Medical Officer of Health for a medical examination. 9. (I) The General Manager shall suspend the licence of a wholesaler. porter or scale-operator if (a) the Medical Officer of Health is of the opinion that the wholesaler. porter or scale-operator is suffering from an infectious or contagious disease; or (h ) the wholesaler. porte r or scale-operator fails or refuses to pre se nt himself for a medical exam ination when required to do so. (2) A licence that has been suspended may be restored if (a ) the Medical Officer of Health is satisfied that the wholesaler, porter or scale-operator is no longer suffering from the contagious or infectious disease or any other such disease; or (h) the wholesaler, porter or scale-operator submitted himse lf for a medical exammalion and was found to be free from any contagious or infectious disease . 10. Every sca le-operator sha ll kee p a dai ly record of the vol ume of agric ult ura l produce we ighed b y him and shall conform with any sy stem of recor di ng volumes whic h the Agency may introduce. 11. Every scale used in a who lesale market shall be a platform scale with two faces. The scale shall be stamped annually by an Inspector of Weights and Measures. 12. (I) No wholesale r or scale-operator shall have in his possession or custody or under his control any false or unjust weights, weighing machines or scales . (2) A wholesaler or scale-operator who contravenes subregulation (I) is guilty of an offence. UPDATED TO DECEMBER 31ST 2009 65 [Subsidiary] General M :ln:18t>rm:1 Y require wholesaler. etc .. to subm it himself for medical exanunanon. General Manager may suspend licence ot wholesaler, etc. Scale-operator to keep daily record of volume of jJJUUUL;C weighed by him. J'ype of scale permitted tn he used. Offence to have false or unjust weirhts, etc .. in one s possession. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS 66 [Subsidiary] Procedure where dispute aris es between a wholesaler and a purchaser. Wholesaler may park containers. Licence required for use of parking facilities. Mode of application for licence. Fees to be paid to Agency. Obligations of wholesaler. LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Chap. 63:05 Development Corporation Central Marketing Agency (Wholesale Marketing) Regulations 13. Whenever a dispute arises between a wholesaler. a scale operator and a purchaser with respect to the weigh t or measure of any agricultural produce that has been purchased or that is about to be purchased. the wholesaler or scale-operator shall . if the purchaser so demands, cause the produce to be weighed in the presence of an authorised officer of the Agency. 14. Containers commonly known as "sea-land" and any other similar containers may be parked by a wholesaler in an area of a wholesale market provided by the Agency. 15. (I ) A whole saler shall not avail himself of the parking facili ties provided in a wholesale market unless he is in possession of a licence issued in accordance with these Regulations. The fees payable for use of the parking facilities shall be such as are from time to time determined by the Agency. (2) A licence issued purs uant to subreg ulation (I ) shall specify the parking space allotted to each appl icant. Where the parking space is left unused for one month or more without prior notification in writing by the occupier to the General Manager, it shall be deemed to have been abandoned and the licence issued in respect thereof may be revoked. 16. (I) E very application for a licence under the se Reg ulations shall be made in writing in a form approved by the Agency and shall be addressed to the General Manager. (2) Every licence issued under these Regulations shall be produced on demand to any authorised officer of the Agency. (3) A person who fails to produce his licence when requested to do so is guilty of an offence. 17. All fees payable under these Regulations shall be paid to the Agency. 18. (I ) A wholesaler shall ensure that (a) his stall is kept in a clean and sanitary condition at all times; UPDATED TO DECEMBER 31ST 2009 www. legalaffairs.gov.tt LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Chap. 63:05 Central Marketing Agency (Wholesale Marketing) Regulations (b) his agricultural produce is kept and sold in bags. crates. baskets. boxes or other containers ; (c) his agricultural produce is not displayed on the ground and except with the written permission of the General M anger, is not sold from the trays of vehicle s. (2) A wholesaler who contravenes any of the provisions of subregulation (I) is guilty of an ottence. 19. The Agency, its employees or agents shall not be responsible fo r the su f'c keeping of any articles le ft in a wholesale market. 20. Except with the written permission of the General Manager no person shall (a ) sell any goods by auction in a wholesale market ; (b) erect any structures or use any structures other than those provided by the Agency; (c) use a stall in a wholesale market unless he is in possession of a licence issued in respect of that sta ll; (d) post in a wholesale market any bill or placard other than a bill or placard on which there is a description of the agricult ural produce on sale. 67 [Subsidiar y] Agency not liable for safe keeping ot articles. Written permission of Genera l Manager required to do cert ain th ings. 21. (I) No person shall in a wholesale market - Resrrlctlons on use of wholesale (a ) hawk, cry out the price of or carry about any market . article for the purpose of sale ; (b) use a bell or other instrument for the purpose of advertising goods; (c) sell, deposit , offer or expose for sale any agricultural produce except on the stall specified in his licence; (d) tamper with any scale, balance, beam or weight whe ther or not the scale, balance, beam or weight is his property, is in his possession or under his control; LR D . l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 68 [Subsidiary] LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Chap. 63:05 Development Corporatio n Central Marketing Agency (Wholesale Marketing) Regulations (e) act or behave in a disorderly or indecent manner; (f) fight or otherwise disturb the peace; (g ) make use of insulting, annoying, violent, obscene, indecent or profane language; (lz ) make an y lou d noise or pl ay an y mu sical instrument, radio or other mechanical apparatus ; (i) consume intoxicating liquor; (j) loiter or stand in any COUIt, yard or passage in such a manner as to impede the free passage of :my other p~r"nn; (k) molest , hinder or obstruct the General Manager or any agent, employee or authorised officer of the Agency in the execution of his duties; (I) damage any property of the Agency or wilfully soil or deface any part of such market; (Ill) spit on the floor or ground thereof or drop, deposit and leave any offal, garbage or other matter therein; (n ) bring in or permit any dog or othe r animal to follow him in or to be in his custody or under his control. (2) A person who contravenes any of the provisions of subregulation (I) is guilty of an offence. Penal ty. 22. (1) A person who commrts an offence under these Regulations is liabl e on summary convi ction to a fine of five hundred dollars. (2) Where the person who commits the offence is a wholes aler, porter or scale-operator, in addition to any fine which may be imposed under subregulation (I), he may be liable to have his licence revoked. UPDATED TO DECEMBER 31ST 2009 www. legalaffairs.gov.tt LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporatio n Chap. 63:05 Central Marketing Agency (Wholesale Marketing) Regulations SCHEDULE That portion of the Central Market, situated at the Beetham Highway, known as Block I including the Farmers' Mar ket and bounded on the North by a drain and the St. Joseph Road; on the South by Block II of the Central Market and the Beetham Highway, on the West by the Central Market and on the East by the 51. Joseph Road, and more particularly shown, delineated and coloured red on the plan pub lished as a supplement to Gazelle No. 116 of 1976 dated 15tllApril 1976. UPDATED TO DECEMBER 31ST 2009 69 [Subsidiary] Regulation 2. LRD.l/2006