Coffee Industry Regulations

COFFEE INDUSTRY REGULATION TIIE COFFEE INDUSTRY REGULATION ACT R£Guu.TIONS (under section 7) THB 0>PPEB INDUSTRY Rl!GULATIONS, 1953 (Made by the Coffee Industry Board on the 12th day of March, 1953 and approved by the Governor in Executive Council on the 23rd day of March, 1953) 1. These Regulations may be cited as the Coffee Industry Regula• tions, 1953. 2. In these Regu)ations •'fhe Board" means the Coffee Industry Board established by section 3 of the Act; "1>luo mountain coffee" means coffee that it (a) 8l'OWD in the Blue Mountain area as described L.N. 35/53 Alll<I: L.N. 216/59 225/68 3111/73 1344/83 in the Schedule; and Scbedule. (6) proceased or manufactuied at any coffee works apecifted in tho Sdledulo and to whidl a licence ll'aDted pursuant to regu)ation S zelatea. "blue mountain blend.. means any coffee or coffee product comprising blue mountain coffee in such proportion as to account for not less than 20 per centum of its wcisht: .. coffee" means coffee beans whole or broken whether in the cherry or pulp or separated from the pulp, and whether cured or uncuffi!, ripe or unripe, whether in the form of parchment, double husk, or clean, and whether dried or undried, washed or ·unwashed, fermented or unfertncnted. roasted or unroasted: .. coffee works operator" means the owner, operator, occupier or manager of a coffee works: "coffee dealer" means a person holding a current licence under the Agricultural Produce Act entitling him to carry on the business of buying and selling coffee and a coffee dealer's licence under these Regulations: P'III .... al dlfl 11111D la ll1ldlDrbld bF LN. JflJ/UMJ s 6 THE COFFEE INDUSTRY REGULATIONS, 1953 "special coffee dealer" means a person holding a current licence under the Agricultural Produce Act entitling him to carry on the business of buying and selling coffee and to whom a special coffee dealer's licence has been granted by the Board; "export" means to take or cause to be taken out of the Island to any other place; · "purchase" includes exchange or barter whether for goods or services and any agreement or · contract to purchase, exchange or barter; "sell" includes exchange or barter whether for goods or services and any agreement or contract to sell, exchange or barter; "the Secretary" means the Secretary. of the• Board or. the person for the time being holding or performing the duties of that office. 3. It shall be lawful for the Seoretary or any other person authorized by the Board in writing for the purpose to enter at' all reasonable times during the hours of daylight upon any.land on.which coffe~ is grown or upon any premises used or believed by the Board to be used or to be about to be used for any purpose connected with the processing of coffee berries or the manufacture of any coffee product · or the storage, pur chase, sale, export or distribution of any' coffee berries or coffee product, and jt shall be an, offence against. these Regulation~, for any person to obstruct. or hinder the Secretary or any such authorized person in any manner .. 4.-(1) Every coffee dealer and every special coffee dealer who shall purchase, collect or sell any coffee in the Island shall keep a record of every such purchase, collection or sale · in a coffee record book which shall be in such form as the Board may from time to time prescribe and shall keep such coffee record book at. bis place of business and shall on demand produce it for inspection by the Secretary or any other person authorized by the Board in writing for the. purpose or by any member of the Police Force. (2) Every coffee works operator holding a licence under regulation 5 and who processes, manufactures, sells or exports any blue mountain coffee or blue mountain \)lend shall keep a record of the source of supply of· such coffee or the ingredients of such blend, as the case may be, in a coffee record book an d the provisions of paragraph (1) as respects the form, keeping, production :and inspection of a coffc;c record book shall (The inclusion of. this Pl>BJ! is authorized by L.N. 160/ 19~ THE COFFEE INDUSTRY REGULATIONS, 1953 mutatis mutandis apply in relation to a book required by virtue of this paragraph as they apply in relation to a book required by virtue of that paragraph. 5.-{1) No person other than the Board shall establish, maintain or operate any coffee works at any premises, unless he is the holder of a subsisting coffee works licence granted by the Board in respect of such premises. (2) Every application for such licence shall be accompanied by satisfactory evidence that the coffee works complies with or is exempt from the requirements of the Factories Act and any regulations made thereunder, and that the applicant is the holder of a certificate issued by the Secretary or any person authorized in writing by the Board for the purpose, that in his opinion adequate plant, machinery, equipment, appliances and such other facilities as he may consider necessary have been provided for the pulping, curing, drying, washing, cleaning, proces sing, preparation for sale or manufacture of coffee or any coffee product. 6. Every application for a coffee works licence shall be in such form as the Board may from time to time prescribe and shall be accompanied by a fee of $20.00, which may be reduced by the Board in such cases as the Board thinks fit Subject to the right of appeal contained in section 9 of the Act the grant or refusal of a coffee works licence shall be entirely in the discretion of the Board and the Board may grant such licence for such period as it thinks fit and may renew such licence from time to time as it thinks fit or may grant such licence subject to such conditions as it thinks fit and may refuse such licence, or revoke such licence at any time after it has been granted or renewed. 7.-{1) No person other than a special coffee dealer shall sell an~ coffee to the Board. (2) No person shall sell any coffee except to the Board or to the holder of a subsisting coffee dealer's licence or special coffee dealer's licence. (3) No person other than the Board shall purchase any coffee unless he is the holder of a subsisting coffee dealer's licence or special coffee dealer's licence: Provided that this regulation shall not apply to any purchase or sale of roasted coffee for domestic consumption or to the purchase of roasted coffee by a licensed wholesaler or retailer for the purposes of his business as such wholesaler or retailer. [lbe inclusion of tbls pqe is autbori2M by L.N. 160/ 1984) 7 8 THE COFFEE INDUSTRY REGULATIONS, /953 8. Every application for a coffee dealer's licence or a special coffee dealer's licence or any renewal thereof shall be in such form as the Board may from time to time prescribe and shall be accompanied by the licence fee of Sl.00 and the Board may in its discretion grant such licence for such period as it thinks fit and may renew such licence from time to time as it thinks fit or may grant such licence subject to such conditions as it thinks fit and may refuse such licence, or revoke such licence at any time after it has been granted or renewed. 9.-(1) The Board may revoke any licence granted pursuant to these Regulations by serving notice to that effect in writing on the licensee. (2) Any notice issued pursuant to paragraph (1) may be served on the licensee either personally or by being sent by registered post to his last known address, and any notice so sent by registered post shall be deemed to have been served not later than the fifth day succeeding the day when posted. and in proving such service it shall be sufficient to prove that the letter containing the notice was properly addressed and posted. 10.-(1) No person in Jamaica shall (a) for the purposes of, or with a view to, the sale by him or by his principal or bis agent of any coffee or coffee product, cause or offer to cause to be transported into or out of Jamaica any such coffee or coffee product; or (b) whether as principal or agent, sell or offer to sell to any person, whether in or outside Jamaica, any coffee or coffee product, under any description which conveys or is likely to convey the impres sion that. to any substantial extent, the coffee or coffee product was produced, processed or manufactured at any of the coffee works herein before mentioned unless such coffee or coffee product (as the case may be) is in fact produced, processed or manufactured at any of the afore mentioned coffee works. (2) Reference in sub-paragraph (I) to any description includes a reference to any description by label. 11. No person. unless authorized in writing by the Board sball (a) purchase, sell or export ooffee other than Blue Mountain Coffee under a name thait oontaios the words "Blue Mountain"; or (b) carry out any activity that is connected with tlbe purchase, sale or export of coffee and involves the use of the words "Blue Mountain". (The lnc:lusion of this paae Is authorized bY L.N. 1<11/ 19841 THE COFFEE INDUSTRY REGULATIONS~ 1953 U. No coffee shall be exported from Jamaica unleas it is exported by lho Board or by a penon authomed in writing by the Boaid. 13. No person shall pick. collect. offer for sale. se11 or purchase any coffee berry which is en1irely sreon in colour. · · 14.-(1) Every appeal to the Minister under aection 9 of the Act lha1l 'be ·commenced· by notice in· writing addressed to the Pennanont Secretary. Ministry of Agriculture. Such notice shall be lodged with the Permanent Secretary and a copy delivered to tho Secretary of the Board within ~nty-ooe days from the date of the decision appealed against. (2) Every notice of appeal shall include, (i) the name and addtess of the appellant; (ii) particulars .of the decision of the Board against which the appeal is being Dia.de; · · (ill) the grourtdi of the appeal; · . (iv) copies of ·all relevant correspondence· and documents. . \ . . . (3). The appellant shall before lodging his appeal deposit with the Secretary the sum of S4.00 and shall lodge the receipt therefor with the Permanent Secretary along with the notice of appeal. The amount deposi ted shall be refunded if the Minister so directs; otherwise it shall be paid into the Consolidated Fund. (4) Notwithstanding anything hereinbefore contained the Minister may hear and entertain any appeal lodged after the time limit herein provided if in all the circumstances of the case he thinks it just and proper to do so. 15. Any pmon wbo (a) purchases. sells or ex:ports any coffee or coffee product; (b) manufactures any coffee or coffee product; (c) carries out any activity that is connected with the purchaao, sale or export of ooffcc and involves the me of. die words "Blue Mountain .. , in contravention of these Rogulatioos shall be guilty of. an offence and shall be liable on summary conviction before a Resident Magistrate's Court to a fine of twenty thousand dollars or an amount not exceeding treble tho value of. the coffee or coffee product in reepec:t of tbe purcbaae. sale. export or Ill8IIUfacture of which the offence is committed. (TIie Inclusion af M 1111111 II ~ by L.N. 160/1!1Nl 10 THE COFFEE INDUSTRY REGULATIONS, 1953 Scm!i>ULB (!Regulation 2) Blue Mountain Area Starting at Skibo and proceeding in an east..south-easterly direction to Swift River; thence e~-south-easterly to Chelsea; thence east-south easterly to Durham· (Samba Hill); thence . south-easterly to Belleview; thence south-easterly along the western slope of the John Crow Mountain to Cedar Grove; thence westerly to Font Hill; thence north westerly to Ramble; thence weaerly to Good Hope; thence north westerly to Dallas; thence north-north-westerly to Industry Village; thence north-north-westerly to Maryland; thence north-westerly to Golden Spring; thence northerly to Brandon Hill; thence north-easterly to Tranquility; thence east-north-easterly to Skibo. Coffee Worb Coffee works situated at Moy Hall. Silver Hill, Mavis Bank, Langley or Wallenford or at such other coffee wom as the Board may fmm time to time determine with the approval of the Minister notified in the Gtl&!tte. [l'be inclusion of tbla paae ii authorizlld b7 LN. 16(}/ l!NM)