Poultry Industry Regulations (Cap. 63:03)

MINISTRY OF LEGAL AFFAIRS 50 [Subsidiary] Chap. 63:05 LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporation POULTRY INDUSTRY REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Interpretation. TIlE I'OULTRY INDUSTRY CONTROL COMMITTEE 3. Estab lishment of Comm ittee. 4. General functions ot Committee. 5. Policy directions. IlliCISTRATlON AND LICENSINC OF I'RODUCERS 6. Compulsory registrat ion of producer. 7. Form of application for registration. 8. Form or application for producer's licence. Form of producer's licence. 9. Fees. RECORDS AND RETURNS 10. Records and Returns . 11. Production quotas. IMPORTATION QUOTAS 12. Importation Quotas. 13. Power of entry for certain purposes. 14. Offences and penalties. FIRST SCHEDULE. SECOND SCHEDULE. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS HI" TRiNiDAD AND TUBAl;U MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Chap. 63:05 51 [Subsidiary] POULTRY INDUSTRY REGULATIONS made under section 35 81/1973 . r61/19881. 1. These Regulations may be cited as the Poultry Industry Citation . Regulations. 2. (I) In these Regulations - Interpretation . "back-yarder" means a person who rears broilers for table use in quantities less than two hundred birds at anyone time; "breeder flock producer" means a person who rears hens for the purpose of producing hatching eggs for sale for incubation; "broiler" means meat-type poultry intended for table use; "broiler grower" means a person who rears meat-type birds (broilers) for table use up to eighteen weeks old in quantities not being less than one hundred birds at anyone time; "broiler hatching-egg producer" means a person who rears meat type multiplier flocks for the purpose of producing saleable hatching eggs for incubation to produce broiler chicks; "feed manufacturer" means a person who produces and sells balanced formula poultry feeds; "hatchery operator" means a person who operates a hatchery for the purpose of producing poultry, including broiler chicks, table egg chicks, ducklings, turkey chicks and gosling in quantities not less than one hundred per hatch; "importer" in relation to equipment means a person who imports equipment for use in the poultry industry, and in relation to drugs and medications, means a person who imports drugs and medications for use in the poultry industry; "pluck-shop operator" means a person who kills, plucks and eviscerates poultry for the retail trade; "Poultry Industry Control Committee" or "Committee" means the Committee established under regulation 3; "processor" means a person who kills, plucks, eviscerates, packages, freezes or chills poultry for sale; "producer" means a broiler grower, broiler hatching-egg producer, LR .O. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 52 Chap. 63:05 [Subsidiar y] LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporation Poultry Industry Regulations Establishment of Committee. 161/19881. table-egg producer. table-hatching-egg producer. hatchery op erator, p rocessor, pluck -shop oper ator and a feed manufacturer. but does not include a back-yarder; "quota" means the quantity of the agricultural product allocated to a producer by the Committee for production with a view to fulfilling the quantity of the product or any description thereof, specified in an Order made by the Minister under section 34 of the Act; "table-egg producer" means a pe rson who rears table egg producing hens for the purpose of producing table eggs for sale in quantities not less than one hund red hens at any one time ; "table hatching egg producer" means a person who rears table egg type breeder or multiplier flocks for the purpose of producing hatching eggs for sale for incubatio n to produce table egg pullets . THE POULTRY INDUSTRY CONTROL COMMITTEE 3. (I) A Committee is hereby establis hed for the purposes of these Regulations. (2) Subject to subregulation (3) the Committee shall consist of eight members who shall be appointed by the Mini ster as follows: (a ) a representative of the Universi ty of the West Indies (Livestock Division); (b) a representative of the Ministry responsible for food production (Agricultural Planning Division) ; (c) a representative of the Central Marketing Agency ; (d) two representatives of the poultry industry; (e ) a repre sentative of the private sector (excluding poultry); (1) a representative of the Min istry responsible for ind1I <try ; and (g) a representative of the Agricultural Development Bank; (3) The Minister shall appoint the Chairman of the Committee from among the members of the Committee. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Poultry Industry Regulations www. legalaffairs.gov.tt Chap. 63:05 53 [Subsidiar y] (4) The appointment of a member of the Committee shall . subject to the provisions of subregulation (5). be for such period. being not more than three years . as the Minister shall specify at the time of the appointment. (5) A member of the Committee may at any time resign his office by instrument in writing addressed to the Chairman who shall forthwith cause it to be forwarded to the Minister. 4. (I) It is the duty of the Committee to carry out the policy of the Agency in relat ion to the reg ulation of the poultry industry and subject to these Regulations the Committee shall have and exercise such funct ions including the fixing of production quotas as are conferred upon it by these Regulations and by any other written law. (2) Where the Committee fixes production quotas it shall determine what portion thereof shall be fulfilled by each producer and sha ll impo ce pnrchase re st rict in ns on ea ch su ch prodn cer w ho shall be able to purchase supplies in such amount only as would enable him to fulfil his production quota and no more . 5. In the exercise and performance of its functions under this or any other written law the Committee shall act in accordance with any special or general directions of the Mi nister. REGISTRATION AND LICENSING OF I'RODUCERS 6. (I) Every producer shall . within six months afte r the commencement of the se Regulation s. register with and be licensed by the Agency in accordance with regulations 7 and 8. (2) Producers who, in compliance with the Circular Notice of the Ministry of Agriculture, Lands and Fisheries (hereinafter called "the Ministry") dated November 1968 , registered on or before 15th November 1968, and whose capacity has been checked and found correct, shall be deemed to be registered under these Regulations. General functions of Committee. Policy directions. r6111 9881. Compulsory regictration of produ cer. 7. A producer shall make application to the Agency for Fnn~ nf . . . h C Form I i h F' S h d I application forregrstration In t e rorm set out as arm In t e irst c e u e. registration. Form l . First Schedule. LR D . l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 54 [Subsidiary] Chap. 63:05 LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporatio n Poultry Industry Regulations Form of :lpp lir:lt in n fnr producer 's licence. Form 2. First Schedule. Funnuf producer 's licence. Form 3. First Schedule. Fees . Second Schedule. Records and Returns. Prod uction quotas. 8. (I) For the purpose of obtaining a licence as a producer application shall be made to the Agency in the form set out as Form 2 in the First Schedule. (2) A producer's licence shall be in the form set out as Form 3 in the First Sched ule. 9. The fee for a producer's licence is such as is respectively specified in the Second Column of the Second Schedule. RECORDS AND RETURNS 10. (I ) Every prod ucer shall keep proper produ ction records at his place of business or residence in Trinidad and Tobago or at such other place as may be approved by the Committee, and in such form as required by the Committee and containing such information as will enable the Committee to supervise and contro l the poultry industry, and shall make such returns as the Committee may from time to time require . (2) Where a producer has failed to keep adequate records or to make such returns for the purposes of these Regulations , the Committee may require him to keep such records as it may specify and that producer shall thereafter keep records as so required. (3) Every producer who fails to keep such production records or to make such re turns as may be required by this regulation is guilty of an offence. 11. (I ) Production quotas shall be granted to producers only in such amount as the Committee may determine and, subject to the tota l amount of the quotas fixed for production of a prod uct, in an y given pe rio d in accordan ce with this regulation. (2) Producers deemed to be regis tered under th ese Regulations in accordance with regulation 6(2) shall be granted quotas commensurate with so much of the decl ared capacity as was checked by officials of the Ministry and found to subsist. Capacity in excess of that declared shall be eligible for additional quotas , in the discretion of the Committee, after quotas referred to in subregulations (3), (4) and (5) have been granted. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Poultry Industry Regulations www.legalaffairs.gov.tt Chap. 63:05 55 [Subsidiary] (3) In the case of producers who were carrying on business before l oth November ] '10'1. but who failed to register as mentioned in regulation 6(2) quotas shall be granted (in the discretion of the Committee) in respect of declared capacity checked by officials of the Minis try or by inspectors of the Agency Committee and found to subsist at the time of registration after quotas referred to in subregulation (2) have been granted. Capaci ty in excess of that declared shall be eligible for additional quotas , in the di scretion of the Committee after quotas referred to in subregulations (4) and (5) have been granted. (4) The provisions of subregulation (3) shall apply to producers who were not carrying on bu sin ess before 15th November 1969 but who registered after that date in accordance with the Circular Notice of the Ministry referred to in regulation 6(2) or under these Regulations. but only after the quotas referred to at subregulations (2) and (3) have been granted. (5) In this regulation "Ministry" means the Ministry of Agriculture. IMPORTATION QUOTAS 12. (I) Subject to any other written law, the provisions of this regulation shall have effect in relation to the importation of products for use in the poultry industry. (2) Importers shall obtain all import licences from the Mini stry of Industry and Commerce in accordance with any other law for the time being in force. (3) All applications for import licences shall be accompanied by a statement of the production quotas assigned to the importer by producers in accordance with subregulation (4) and shall be supported by such evidence of the assignment and production quotas as may be required. (4) For the purpose of securing the importation of any product for use in the poultry industry a producer may assign any part of his production quota to an importer on terms inter alia that UPDATED TO DECEMBER 31ST 2009 Importation Quotas. LRD.l/2006 MINISTRY OF LEGAL AFFAIRS 56 [Subsidiary] Chap. 63:05 LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporatio n Poultry Industry Regulations Power of entry for certain purposes. Offences and penalti es. the importer shall on importation of the product the subject of the production quotas . sell to the prod ucer and that the producer shall on his part buy from the importerthe full amount of the production quota so assigned. 13. (I) An inspector or a Committee member may. at all reasonable times, enter into the premises of any poultry prod ucer, and may examine production records and observe the conduct of operations therein. (2) If any person who in compliance with the provisions of this regulation is admitted into a producer's premises discloses to any person any information obtained by him in the producer ' s premi ses with regard to any process or trade secret, he is, unless the disclosure was made in the performance of his duty, guilty of an offence. (3) Every person who hinders or molests or interferes with any person doing anything that he is authorised to do, or prevents or attempts to prevent any person from doing any such thing, and any person who, unless he is unable to do so, fails or refuses to do anything that he is required by or pursuant to this regulation to do, is guilty of an offence. 14. (I ) A producer who fa ils to register as req uired by regulation 6 or who contravenes, or is guilty of an offence against, any other provision of these Regulations is liable on summary conviction to a fme of one thousand dollars and m the case of a continuing offence to a further fine of two hundred dollars for each day that the offence continues after conviction. (2) In addition to any fine imposed upon conviction for an offe nce under these Regulations a producer may have his Producer 's Licence cancelled by the Agency. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS National Agricultural Marketing and Development Corporation Poultry Industry Regulations FIRST SCHEDULE FORM I POULTRY INDUSTRY REGULATIONS Chap. 63:05 57 [Subsidiary] (Regulation 7). REGISTRATION OF POULTRY PRODUCER (Note: All producers of" poultry are required by the Central M arketing Ag ency Act to register his or her operation. Failure to do so constitute s an offence and will be subject under conviction to a penalty not exceeding ). REGISTRATiON PARTiCULARS 1. Name of Producer . 2. Home Address ., " ,.,..,..,".., , , ,.,..,..,".., " ". 3. Name of Farm . 4. Address of Farm .. S. Type of Operation : Broiler Layer 1 ",,.cr" OW"" '"''''"I'''''M",,, Breeder Hatcher 1 P rocesso r 1 LR D . l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 58 [Subsidiary] Chap. 63:05 LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporatio n Poultry Industry Regulations 6. Date of Commencement of Farm . 7. Capacity: Broiler Hatchery Operator Layer Breede r R Actual Production in 1c}()7 1968 1969 1970 1971 Pluck Shop Operator Processor Po ultry Ff'f'd Miller Signature . Identification . Witne ss to mark . N.B.- "Produ cer" means a perso n who is engaged in any or all the following activities: (aj rearin g more than 500 broilers at anyone time : (h) rearing meat type multiplier flocks or breeder flocks for producing hatching eggs for sale: (c) rear ing tab le egg type breeder or multi plier floc ks or breeder f locks for producing hatching eggs for sale for incubation : (d) rearing more than 100 hens for producing table eggs for sale : (e) operating a hatchery for producing more than 100 chicks per hatch: (() killing, plucking, eviscerating, packaging, freezing or chilling poultry for sale : (g) produ cing and selling more than 1,000 lbs. of balanced formula foods for poultry per month. 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 Poultry Industry Regulations FORM 2 POULTRY INDUSTRY REG ULATIONS Al'J'LiCATlON }'OR A LiCENCE Chap. 63:05 59 [Subsidiary] [Regulation 8(1 II. IlWe . residing at . hereby make application for a licence to . We hereby enclose the licence fee . Signature afApplicant LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 60 [Subsidiary] [Regulation 8(2l1. Chap. 63:05 LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt National Agricultural Marketing and Development Corporation Poultry Industry Regulations FORM 3 POULTRY INDUSTRY REGULATIONS POULTRY PRODUCER'S LICENCE (Regulation 9). Mr.lMrs residingat is hereby granted a licenceto carry onthebusiness of aLicensed Poultry Breeder on premises situated at . for the periodof one year commencing from the day of . 20 and ending the day of 20 .. Dated this day of 20 .. Ma nager; Central Marketing Agency SECOND SCHEDULE FEES FOR PRODUCER'S LICENCE First Column Second Column I. Peed Manufacturer 5 c. per 100 lb. of Poultry Peed sold. 2. Hatchery operator $500.00 3. Processor $500.00 4. Pluck Shop Operator $ 10.00 5. Breeder n U Lk. jJlUUULt:l $ 10.00 6. Broiler hatching egg producer $ 10.00 7. Broiler producer $ 10.00 8. Table egg producer $ 10.00 UPDATED TO DECEMBER 31ST 2009