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Laws of Gambia

Essential Commodities Act, no. 21 of 2015

Made 2015-12-30 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language
English
Kind
Act
Organisation
European Union
Country
Gambia
Subjects
Food and nutrition
Keywords
agricultural commodities, cereals/grains/rice, international trade, milk/dairy products, oils/oilseeds/fats, poultry products, sugar, vegetables/legumes, vending, institution, authorization/permit, monitoring, offences/penalties, procedural matters, governance, internal trade
Categories
*, agriculture, softs

Where to read it

Text

The law's own text, section by section, as held. Each section has its own link.

  1. ENACTED by the President and the National Assembly. AN ACT to regulate, in the interest of the general public, the importation, distribution and retailing of essential commodities in The Gambia, to ensure their availability at fair and reasonable prices. and for connected matters. ~~~ YAHYA A. J. J. JAMMEH. President tHE GAMBIA NO. 2J OF 2015. Assen}td to by The President, this~ day of~~.2015 Supplement "C" to Ttce Gambia, Gazette "! 9 :.. of 2 0 15 Essential Commodities Act, 2015 ISSN 0796 - 0298 I ISSN 0796 - 0298 Supplement “C" to The Gambia Gazette No of 2015, Essential Commodities Act, 2015 THE GAMBIA NO, Q\ OF 2015 Assented to by The President, this 72 day of Pa—bw 2015 —— ~ YAHYA A. J. J. JAMMEH. President AN ACT to regulate, in the interest of the general public, the importation, distribution and retailing of essential commodities in The Gambia, to ensure their availability at fair and reasonable prices and for connected matters. ENACTED by the President and the National Assembly. H. Offcr1ces and penalties '18 Proceeds from fines I J Appeals :;·(; '=<e~1ul3tions P/>'.-<T IV - MISCELLANEOUS U Conditions for trading in essential commodities 9. General conditions relating to c1 licence : : ;\!)plication procedure ) •1 Evaluation of application and brocedure for issuing of licence 1.:.· Additional information · l J. 1\Jon-transfer=ibility of a licence I ·'I Terms and renewal of licences l S. ,\rnendrnent of licence ·i C Suspension and cancellation bf licence S. Functions ot the Directorate and the Commission 13. Functions of the Minister I Additional powers of the Minist~r P.L\RT 11 - FUNCTIONS Or, THE DIRECTORATE, THE C:JMMISSION AND THE MINISTt:R 'I. Sl101i title 2.. Interpretation :3 Application , :1. Administration and enforcemenl Of the Act PAR'r I -- PRELIMINARY ' P!\RT Ill -- ESSENTIAL COMMobh1Es UC.~ENCE SFCTION ESSENTIAL t:OMMODITIES ACT, 2015. ' I ARRAN<3~MENT OF SECTIONS ESSENTIAL COMMODITIES ACT, 2015. ARRANGEMENT OF SECTIONS PART 1- PRELIMINARY 1. Short title 2. Interpretation 3 Application 4 Administration and enforcement of the Act FART il -— FUNCTIONS OF THE DIRECTORATE, COMMISSION AND THE MINISTER or Functions of the Directorate ant the Commission 5. Functions of the Minister . Additional powers of the Ministér m y PART Ill -- ESSENTIAL COMMODITIES LIGENCE 3. Conditions for trading in essentlal commodities 9. General conditions relating to a lleence “Application procedure THE ' Evaluation of application and procedure for issuing of licence te Additional information © i) Non-transferability of a licence i4 Terms and renewal of licences 19. Amendment of licence 1s Suspension and cancellation of licence P27 IW — MISCELLANEOUS 17. Offences and penalties 18 Proceeds from fines (9 Appeals 24 eyulations 2 "functions" include powers and duties; (c) any· other class of commodity which the Minister may, by order published in the Gazette, declare to be an essential cornrnodtty for the purposes of thi~ Act. , (a) foodstuff, including rlee, suqar, flour, edible oil, milk, tomato paste, onions, potatoes, whole cricken and chicken parts, (b) non-foodstuff. as declared by try Minister for the purposes of this act, or "essential commodities" means any of the following classes of commodities "distributor" means a person who buys essentlal commodities in bulk from an importer for resale to retailers in The Gambia; -·""""'"" e.. ·· "Directorate" means the Directorate of Trade of the Ministry; ,, "Commission" means the Gambia Competition and Consumer Protection Commission; In this Act, unless the context otherwise r~quires ..... "Act" means the Essential Commodities Act 2015; 2. Interpretation This Act may be cited as the Essential Commodities Act, 2015. 1. Short title PART I - l'RELIMlNAR.Y ~ Es~ential Commodities Act, 2015. Essential Commotities Act, 2015. PART |-PRELIMINARY 1. Short title This Act may be cited as the Essential Commodities Act, 2015. 2. Interpretation n this Act, unless the context otherwise requires — “Act” means the Essential Commadities Act 2015; “Sommission" means the Gambia Competition and Consumer Frotection Cammission; “Directorate” means the Directorate of Trade of the Ministry; “aistributor’ means a person who buys egsential commodities in Enel from an importer for resale to retailers in The Gambia; -*" “essential commodities” means any ai the following classes of commodities (a) foodstuff, including rice, sugar, flour, edible oil, milk, tomato paste, onions, potatoes, whole chicken and chicken parts, (b) non-foodstuff, as declared by the Minister for the purposes of this act, or (c) any other class of commodity which the Minister may, by order published in the Gazette, declare to be an essential commodity for the purposes of this Act. “functions” include powers and duties; 3 (2) The Act shall be enforced by the Commission through authorised officers who shall carry identity cards for inspection purposes. 4. Administration and enforcement of the Act (1) This Act shall be jointly adrnlnlstered by the Ministry and the Commission. (3) The Act does not apply to re-export and transit trade. (1) This Act applies to the whole of The Gambia. ((:2Drhe Act ~Pejies to t~e irl'.p~rtatiqn, distri~ution and major retailing Or any essential 'Commodity within The Gambia. · 'trading premises" means any place where essential commodities are displayed or stored for sale including a business warehouse. "Technical Committee" means the Committee set up by the Directorate and the Commission by virtue of section 5 (d) to revie~.,.. applloatlons and make recommendations to the Minister; "Minister" means the Minister responsible for Trade; and "Ministry" shall be construed accordingly; "person" includes an individual and a body corporate; "major retailer" means a person who buys essential commodities in (~fil0 from an importer or a distributor for direct resale to the general public in The Gambia; 3. Application "licensee" means a person who has been given a licence to import, distribute or engage in major retail of an essential commodity; "licence" means a licence issued by the Minister under section 6 to enable a person to import, distribute or engage· IA major retail of an essential commodity; \. "importer" means a person who brings in or causes to be brought into The Gambia from a foreign country, essential commodities, with the ir.tention of selling them to the Gambian market; ~I Essential Commodities Act, 2015. z Essential Commodities Act, 2015. “importer” means a person who brings in or causes to be brought into The Gambia from a foreign country, essential commodities, with the ir tention of selling them to the Gambian market; “licence” means a licence issued by the Minister under section 6 to enable a person to import, distribute or engage in major retail of an essential commadity; “jicensee” means a person who has been given a licence to import, distribute or engage in major retail of an essential commodity; “major retailer’ means a person who buys essential commodities in “pul from an importer or a distributor for direct resale to the general public in The Gambia; “Minister” means the Minister responsible for Trade; and “Ministry” shall be construed accordingly; “person” includes an individual and a body corporate; “Technical Committee” means the Committee set up by the Directorate and the Commission by virtue of section 5 (d) to revieW applications and make recommendations to the Minister; ‘trading premises” means any place where essential commodities are displayed or stored for sale including a business warehouse. 3. Application (1) This Act applies to the wnole of The Gambia. <(2) The Act applies to the importation, distribution and major retailing of any essential commodity within The Gambia. (3) The Act does not apply to re-export and transit trade. 4. Administration and enforcement of the Act (1) This Act shall be jointly administered by the Ministry and the Commission. (2) The Act shall be enforced by the Commission through authorised ctficers who shall carry identity cards for inspection purposes. 4 7. Additional powers of the Minister (1) The Minister may by order published in the Gazette, declare any goods to be essential commodities for the purposes of this Act. (2) In declaring. any goods to be essential commodities, the Minister shall take into account any relevant treaty or convention ratified by The Gambia. The Minister shall (a) on the recommeHdation of the Technical Committee, iss:e licences to impdrters, distributors and major retailers of essential commddit\es based on a clear and transparent application and evaluation process; (b) declare a commodity an essential commodity; (c) ensure that ucehsees import on a regular basis and maintain the specified minimum stock; and (d) reserve the right +0 not issue a licence to any importer, distributor or major retailer who does not fulfil the requirements for the issue of a licence. 6. Functions of the Minist@r (f) monitor the corttpllance of licensees with the terms conditions of their licences. ' (a) formulate a lice] ce application form; (b) develop the terrhs and conditions for issuing a licence; (c) develop applicallcn and evaluation procedures; l\1,~.,· (d) establish a TecHHical Committee comprising of members of . . the Directorate ~Hd the Commission to review applications and advise the rv1lhister; (e) designate authdrlsed officers who may at any reasonable times enter any trading premises to carry out inspections; and The Directorate and the cbhimission shall 5. Functions of the DirecHorate and the Commission PART II - FUNCTIONS or THE DIRECTORATE, THE COMMISSION AND THE MINISTER ~~sential Commodities Act, 2 0 1 5 . Essential Commodities Act, 2015. oo aN PART Il - FUNCTIONS O= THE DIRECTORATE, THE COMMISSION AND THE MINISTER 5. Functions of the Directorate and the Commission The Directorate and the Cttmmission shall — (a) formulate a licet ce application form; Wr (b) develop the terns and conditions for issuing a licence: & * (c) develop application and evaluation procedures: ype ee “€ (d) establish a Technical Committee comprising of members of sw} ey f \ the Directorate and the Commission to reviews applications a and advise the Minister; (e) designate authorised officers who may at any reasonable mes enter any trading premises to carry out inspections, mee” an A ‘Vee ® (f) monitor the compliance of licensees with the terms end conditions of thelr licences. 6. Functions of the Minister The Minister shall — (a) on the recormmehdation of the Technical Committee, iss s¢ licences to importers, distributors and major retailers of essential commodities based on a clear and transparent application and evaluation process; (b) declare a commocity an essential commodity: (c) ensure that licensees import on a regular basis ard maintain the specified minimum stock; and (d) reserve ithe right ta not issue a licence to any importer, distributor or msajor retailer who does not fulfil the requirements fcr the issue of a licence. 7. Additional powers of the Minister (1) The Minister may by erder published in the Gazette, declare any goods to be essentiai commiociities for the purposes of this Act. (2) In declaring any goods to be essential commodities, the Minister shall take into account any relevant treaty or convention ratified by The Gambia. (2) . A licence issued under this Act (a) remains the property of the Government of the Gambia; 5 (1) A licence, or a certified copy of it, must be openly and prominently displayed in the public part of trading premises, where any person entering the trading premises may read it. (a) the Gambia Cortsurner Protection Act, No.3 of 2014; <; (b) the Food Safety she Quality Act, No.7 of 2011; h 0 (c) the Hoarding (Piohibition) Act, No.8 of 2009; . ::: '::&:: . .,) J I , ~ (d) the Competitior1 Act, No.4 of 2007; and -~ ~ J ) (e) any other enactment of the National Assembly relating to ,C- =: :: food or feed buairiass. ·~ =-\ -~" ' \ -----... ... j) ,..:5 (4) A licensee shall ensure that all essential food commodities that he ·0.,.., 1-.-,.0 or she imports into The Cambia conform to Gambian standards and 1, ~·: approved specifications 9. General conditions relating to a licence .,........ / "~ / (b) require a licenseb to - i~ > -: (i) submit impdtt~Hion da. ta, weekly stock levels, whoiesalex, prices and r~tail prices of essential commodities to the ) \C:' v Ministry in tHe specified format and timeframe, or / ::.:, ~~ ~, (ii) disclose to the Ministry and the Commission the . } location or tocatlons of all its trading premises. (3) A licensee shall comply with the provisions of require a licensee to open and maintain a register of importation, distrlblition and sales data in The Gambia in such format as rrfay be specified in the order; and· PART Ill - ESSENTIAL COMMODITIES LICENCE Essential dohimodities Act, 2015. , ~~~~~~~~~~~~~~~~~~'--~~~~~~~~~~--ll.-.L.·~; '-- , '-' ~· ~ \:;:., '\, ' ~"1· <. : n . un (/VI ~'-' Q~ .sr-: 8. Conditions for trading i~ essential commodities ~,c '\ ,~ . uq'' 1\ (1) A p.erson shall not.imporl, distrib ute or engage i/m;;Jol retail of ~ny ·~ 11 : essential commodity in Tha Gambia without a llc~~sued by the « Minister. ·:i..'· (2) Without prejudice to silb-section (1), 'the Minister may by order '\ \· /~i) I '\ I published in the Gazette - , .Y~ ~:~. //' X' ·.\ ·. x\ . cs:· . ~\. ~ '--(! v \:) I... ,J \ r·\.v (' \. ,\v '('.'.\.c.-/ Essential Gommodities Act, 2015. PART IIl- ESSENTIAL COMMODITIES LICENCE ~ — 8. Conditions for trading in essential commodities ‘ ry a (1) A person shall not import. distribute or engage inmajor retail of any essential commodity in Thé Gambia without a licentcé issued by the Minister. (2) Without prejudice to suo-section (1), the Minister may by orcer | published in the Gazette — ) require a licensee to open and maintain a register of importation, distribution and sales data in The Gambia in such format as may be specified in the order; and (b) require a licenset to — \ (i) submit impottdtion data, weekly stock levels, wholesale prices and rétail prices of essential commodities to the \ Ministry in ths specified format and timeframe, or \ % “. \ (ii) disclose to the Ministry and the Commission the ™\. location or locations of all its trading premises. (3) A licenSee shall comply with the provisions of — (a) the Gambia Consumer Protection Act, No.3 of 2014; (b) the Food Safety and Quality Act, No.7 of 2011; (c) the Hoarding (Prohibition) Act, No.8 of 2009; (d) the Competition Act, No.4 of 2007; and (€) e) any other enactment of the National Assembly relating to food or feed business. (4) A licensee shall ensure that all essential food commodities that he or she imports into The Gambia conform to Gambian standards and approved specifications. 9. General conditions relating to a licence (1) A licence, or a certified copy of it, must be openly and prominently displayed in the public part of trading premises, where any person entering the trading premises may read it. (2) A licence issued under this Act (a) remains the property of the Government of the Gambia; 5 6 (3) If an applicant for a licence fails to provide the required information under section 1 O (2), the Technical Committee may advise the Minister to not issue a licence. 11. Evaluation of application and prpcedure for issuing of licence (iv) its tax clearance certifloate. (iii) a copy of its trade license, and (ii) a copy of Hs tax identjfji~ation number certificate, (i) a certified copy of its certificate of incorporation or its business registration certificate, I i "'' ( ~' c· ~~)~ '\ ~ ~ ~ ~ .-.:r ¢i, s- "" Cl ~ ~J r ~l .~~~ ' (1) The Technical Committee shall evaluate an application in an open, ~ ~ f'-'.J ~ non-discriminatory and transparent rn~rner. \ .s: (2) The Technical Committee shall, vvjthin ten working days from the \ \ <0 date of submission of a complete application, evaluate the application · and advise the Minister in writing to is~µe or not issue a licence. (3) A person.snall not pay a fee whep applying for a licence. (b) if the applicant is a corporate entity or a charitable trw$J ' (ii) a certified copy of his pr her identity document; (a) if the applicant is an indivipw~I (i) his or her name, business address, type of business, passport size photo an9 contact information, r (b) may be cancelled or· suspended at any time subject to 1\; -? Section 16; and ~ ~,,I"' \-./1...,,.,,' ·1~. \,' (c) may not be tampered with or defaced in any manner.';;..\ / ::J 10. Application procedure 0~· ~ (1) A person shall apply to the Ministr.Y for a licence. (2) An applicant for a licence shall complete an application form as specified and submit it, together wlth the following inforr:nation and I documents Essential Cornmodltles Act, 2015. r Essential Commodities Act, 2015. (b) may be cancelled or suspended at any time subject to Y Section 16; and \, Oe , (Cc) may not be tampered with or defaced in any manner. a xX 10. Application procedure - YX (1) A person shall apply to the Ministry for a licence. (2) An applicant for a licence shall complete an application form as specified and submit it, together with the following information and documents — (a) if the applicant is an individual — (i) his or her name, business address, type of business, passport size photo and contact information, (ii) a certified ccpy of his or her identity document; (b) if the applicant is a corporate entity or a charitable trust — (i) a certified copy of its certificate of incorporation or its business registration certificate, (ii) a copy of ‘ts tax identifization number certificate, (ili) a copy of its trade licence, and (iv) its tax clearance certificate. (3) A person shall not pay a fee wher applying for a licence. ~ 11. Evaluation of application and procedure for issuing of licence a (1) The Technical Committee shall evaluate an application in an open, m non-discriminatory and transparent manner. A (2) The Technical Committee shall, within ten working days from the | \ cate of submission of a complete application, evaluate the application and advise the Minister in writing to issue or not issue a licence. ‘ (3) If an applicant for a licence fails tc provide the required information under section 10 (2), the Technical Committee may advise the Minister to not issue a licence. 7 (4) A licensee shall cease to import distribute or engage in major retail of an essential commodity if (3) A licence may be renewed for such further term as may be determined by the Minister on the advice of the Technical Committee. (1) A licence shall be valid tor such period as shall be specified in it and shall cease to be valid oh the date of the expiry of the licence. A licensee shall not transfer br assign a licence to another person. 14. Terms and renewal of tlcehces 12. Additional Information ~---- ----- -- \ The Minister may request [or such additional information from :n \ applicant as may be necessary to enable the Minister to make a J decision regarding the issuing of a licence or for regulat,ory purposes. / 13. Non-transferability of a licence \.. .:. ':.:- / (9) An application for a revie\v of the Minister's decision to not issue a licence shall be made not later than thirty days from the receipt of that decision. ~8) If an ~pplicant is not satis1~ed with the decisio~ ?f the. Mini.s.ter ~o not issue a licence, the applicant t"hay apply to the Minister in writing in the prescribed form for a review t1f the Minister's decision. (4) The ~LG.urJJ..r.llilE;. shall, in case it advises the Minister to not issue a licence, state the rsascns for giving such advice. (5) The Minister shall within .five working days from the date of receipt of the advice from the Techhlcal Committee decide to issue or not issue a licence. (6) The Minister shall, in deddlng to not issue a licence, provide to the applicant in writing in the p~ascribed form the reasons for his or her decision through the Ministry, (7) If the Minister decides t6 ..... issue a licence due to incomplete ) information, the Ministry shall notify the applicant to submit the I required information and greHt the applicant an opportunity to apply l afresh. (2) A licensee shall apply to the Ministry for a renewal of his or her licence not later than three months before the date of the expiry of the licence. ~ I.'---' ) . v. \) ~-/ :==;;--~ ~; sEssential Commodities Act, 2015. h %, Ue \ a a — a — = Essential Commodities Act, 2015. a) nes >) nd a Load (4) The Technical Committee shall, in case it advises the Minister io not issue a licence, state the reasons for giving such advice. (5) The Minister shall within five working days from the date of receizt of the advice from the Technical Committee decide to issue or not issue a licence. (6) The Minister shall, in declding to not issue a licence, provide te the applicant in writing in the ptescribed form the reasons for his or her decision through the Ministry. (7) If the Minister decides to WOT issue a licence due to incomplete ) information, the Ministry stall notify the applicant to submit tre » required information and grant the applicant an opportunity to apply afresh. (8) If an applicant is not satisfied with the decision of the Minister to not issue a licence, the applicant tnay apply to the Minister in writing in the prescribed form for a review tf the Minister’s decision. (9) An application for a review of the Minister's decision to not issue a licence shall be made not later than thirty days from the receipt of that decision. 12. Additional Information eee —\ The Minister may request for such additional information from en | applicant as may be neceSsary to enable the Minister to make a / decision regarding the issuing of a licence or for regulatory purposes. F Sf a “ 13. Non-transferability of a '‘icence imal A licensee shall not transfer tr assign a licence to another person. 14. Terms and renewal of licences (1) A licence shall be valid for such period as shall be specified in it and shall cease to be valid or the date of the expiry of the licence. (2) A licensee shall apply to the Ministry for a renewal of his or her licence not later than three months before the date of the expiry of the licence. (3) A licence may be renewed for such further term as may be determined by the Minister on the advice of the Technical Committee. (4) A licensee shall cease to import, distribute or engage in major retail of an essential commodity if 8 (3) The Minister's notice of intention to suspend or cancel a licence shaJI - u (2) The Minister may not suspend Qf cancel a licence unless the Minister notifies the licensee in writin~ of the Minister's intention to suspend or cancel such licence. ' (b) the licensee has failed to comply with any of the provisions of this Act notwithstanding any other penalty prcvlded under this Act. (a) the licence had been issued on the basis of information which was incomplete, rnisleadinq, or incorrect in any material particular; or 16. Suspension or cancellation of Uqence (1) The Minister may, on the advjc~ of the Technical Committee, suspend or cancel any licence if prior to the amendment of the hcence · ,,.,. ~· i> render defective any 1ea~1 proceedings" that could have been started or continueq FJgainst the licensee (c) ( render defective any legfil proceedings started by the licensee; or (b) (a) affect any rights, debts, liabilities or obligations of the licensee; (2) The Minister shall consider th!= application and may issue an amended licence to the applicant if m~ amendment does not (a) specifying the amendment sought; and (b) providing the reasons tor ~eeking that amendment. ~ ' ~ (1) A licensee may apply, in wrltin~, to the Minister for a licence to be amended by 15. Amendment of licence (b) his or her application for renewal is rejected by the Minister "' (a) the validity of his er her licence expires; or Essential Commodities Act, 2015. Essential Commodities Act, 2015. (a) the validity of his or her licence expires; or (b) his or her application for renewal is rejected by the Minister 15. Amendment of licence (1) A licensee may apply, in writing, fo the Minister for a licence to be amended by — (a) specifying the amendment sought; and (b) providing the reasons for seeking that amendment. (2) The Minister shall consider the application and may issue an amended licence to the applicant if tha amendment does not (a) affect any rights, debts, liabilities or obligations of the licensee; (b) render defective any legal proceedings started by the licensee; or (c) render defective any legal proceedings’ that could have been started or continued against the licensee prior to the amendment of the licence. 16. Suspension or cancellation of ||cence ‘\) The Minister may, on the advice of the Technical Committee, suspend or cancel any licence if (a) the licence hac been issued on the basis of information which was incomplete, raisleading, or incorrect in any material particular, or (b) the licensee has failed to comply with any of the provisions of this Act notwithstanding any other penalty pravided under this Act. (2) Tne Minister may not suspend or cancel a licence unless the Minister notifies the licensee in writing of the Minister's intention to suspend or cancel such licence. (3) The Minister's notice of intention to suspend or cancel a licence shall — ':) ) '" < ..J r c: 9 (a) an importer, to a fine of not exceeding one hundred thousand dalasls: (b) a distributor, to a fine of not exceeding fifty thousand dalasis; (c) a major retailer, to a fine of not exceeding twenty five thousand dalasis and in default to imprisonment for not more than six months. (2) A licensee who fails to ptovide information required under section 8 (2) (b) and (c) commits arl dffence and is liable on conviction if 17. Offences and penalties (1) A person who imports, tllstributes or engages in major retail of any essential commodity in The Gambia without a licence issued by the Minister commits an offence rlhd is liable on conviction if (a) an importer, td a fine of not exceeding one hundred thousand dalasls; (c) any other relevaht matter submitted by the way of the representations Uhder sub-section (3) (b). PART IV - MISCELLANEd\JS (4) Before deciding to susdand or cancel a licence, the Minister shall consider (a) the steps takeh by the licensee to remedy the alleged failure or contravention concerned; or (b) the steps taken by the licensee to prevent a repeat of such failure or contravention: and require the licehsee to make such representations to the Minister as ma~ be necessary, not later than thirty days after the date of receipt of the Minister's notice, (b) (a) set out the particutars of the alleged failure or contravention b~ the licensee; and Essential Commodities Act, 2015. ·~~~~~~~~~~ (b) a distributor, to a fine of not exceeding seventy thousand dalasis; · r , ~ (c) a major retailer, to a fine of not exceeding fifty thousand c ,, . '" } dalasis · and in default to imprisonment for not more than six months. Essentia Commodities Act, 2015. (a) set out the particulars of the alleged failure or contravention by the licensee; and (b) require the licetsee to make such representations to the Minister as may be necessary, not later than thirty days after the date of receipt of the Minister’s notice. (4) Before deciding to suspahd or cancel a licence, the Minister shall consider — (a) the steps taken by the licensee to remedy the alleced failure or contravention concerned; or (b) the steps taken by the licensee to prevent a repeat of such failure or contravention; and (c) any other relevant matter submitted by the way of the representations Under sub-section (3) (b). PART IV — MISCELLANEOUS 17. Offences and penalties (1) A person who imports, tlstributes or engages in major retail of eny essential commodity in The Gambia without a licence issued by ‘he Minister commits an offencé and is liable on conviction if — (a) an importer, td a fine of not exceeding one hundied thousand dalasls; (b) a distributor, to a fine of not exceeding seventy thousend dalasis; (c) a major retailer, to a fine of not exceeding fifty thousend* dalasis and in default to imprisonment for not more than six months. (2) A licensee who fails to provide information required under sect’on 8 (2) (b) and (c) commits an o*fence and 's liable on conviction if — (a) an importer, to a fine of not exceeding one hundied thousand dalasis: (b) a distributor, to a fine of not exceeding fifty thousand dalasis; (c) a major retailer, to a fine of not exceeding twenty five thousand dalasis and in default to imprisonment for not more than six months. 9 CN ·----~---·-·""------ .. ·-~------------- Printed by The Gamoia ?rinling & P[1bl ish ing Corporation Kan ifing · 126 l /2016/u I l )C. Cieri< of the National Assembly D. C. M. Kebbeh I HIS PRINTED 1r-1:PRESSION nas beer, carefully compared by me with the Bill which hds passed in the National Assembly, and found by me to be a true an J cc.rect copy of the said Bill. " ii< F'ASSED in the Nationai Assernpl I this 29th day of December:· in the year of Our Lord Two Thousand and Fifteen. ~r.,,!'~ p.~ C. M. Kebbeh C!&r/1 pt the National Assembly The Minister may make Regulatiofi(ij generally for the better carrying into effect of the provisions of this Acj. 20. Regulations (2) The Minister shall set up a review Committee to 'hear appeals against decisions of the Minister. (1) A person aggrieved with a decision of the Minister under this Act may request for review to the t\1inister within thirty days of the notification of the decision. · 19. Appeals Any fines collected shall be deposited into the Consolidated Revenue Fund. ·1 a. Proceeds from fines I. Essential Commodities Act, 2015. ·---~-···------·--·--·------- ··-~ r Essential Commodities Act, 2015. ‘ 18. Proceeds from fines Any fines collected shall be deposiled into the Consolidated Revenue Fund. 19. Appeals (1) A person aggrieved with a decision of the Minister under this Act may request for review to the Minister within thirty days of the notification of the decision. (2) The Minister shall set up a review Committee to hear appeals against decisions of the Minister. 20. Regulations The Minister may make Regulations generally for the better carrying into effect of the provisions of this Act. PASSED in the Nationa: Assembly this 29th day of December. in the year of Our Lord Two Thousand and Fifteen. ba Me dp D.C. M. Ue Cle, of the National Assembly iHIS PRINTED IMPRESSION tas beer carefully compared by me with the Bill whicn has passed in the Naticnal Assemby, and found by me to be 4 true ani correct capy of the said Eill. . . / (} D. C. M. Kebbeh Clerk of the National Assemply. Printed by Phe Garnoi ? rinting & Publishing Corporation Kanifing «1261/20 losul toc.

Essential Commodities Act, no. 21 of 2015 · Nelum