Cashew Nut (Marketing) Regulations, 1996 (G.N. No. 369 of 1996)

The Cashewnut Marketing (Regulations) GOVERNMENT NOTICE No. 369 published on 8/11/96 THE CASHEWNUT MARKETING BOARD ACT, 1984 (No.21 OF 1984) REGULATION Made under section 27(1) THE CASHEWNUT (MARKETING) REGULATIONS, 1996 PART I PRELIMINARY 1. These Regulations may be cited as the Cashewnut (Marketing) Regulations and shall be deemed to have come into operation on the 1st day of October, 1996. 2. In these Regulations, unless the context requires otherwise "Act" means the Cashewnut Marketing Board Act, 1984; "Board" means the Cashewnut Marketing Board: PART II COLLECTION AND VISUAL GRADING 3.-(1) Where the nuts fall on the ground following a natural fall of the apple from the Cashewnut tree, a grower shall pick and collect the nuts immediately. (2) The nuts so collected shall be laid out in the sun to dry thoroughly. 4.-(1) Each grower shall make a visual grading of the nuts in two grades namely Standard and Undergrade. (2) (a) Standard grade shall have the following characteristics and qualities (i) dried nuts exhibiting a conspicuous sharp audible sound when held and let to fall; (ii) grey shell without wrinkles; (iii) outer free spots and wrinkles free of the outer shell. (b) Under grade shall be (i) dry, with shells having spots and colours other than grey; (ii) wrinkled or shrivelled outer shell. 681 Citation Interpre tation Collection Picking, drying of nuts Visual grading, licenced buyer and finality of decision byagricul tural offi cer Cashewnut (Marketing) Regulations G.N. No. 36Q (contd.) (3) The cashewnuts so graded shall be sold to licensed buyer and uny dispute arising in respect of grading shall he referred to agricultural personnel designated at the buying post. (4) Any decision by the agricultural personnel shall be final as regards grading of cashewnut ami may take kgal action agamst any person who contravenes a decision by agricultural personnel. Adver tisement of buying season Registra tion of buyers Buyer to declare offer at the buying posts PARTHl BUYIN(; PROCfDURES 5.-(.{) The Board shall before the buying season, advertise for the public information the expected dates on which the buying season com mences. (2) The advertisement shall specify all necessary regulations, require ments needed and procedures to Ire fulfilled by both the grower and the buyer. (3) In any case, the advertisement through public media shall be made not later than 30th day of March for any new regulations intended to be used in the following buyin~ season and in the case of revised regu lations, the advertisement shall be made under not later than 30th day of June. 6.-(1) Every buyer of cashewnut shall be registered with the Hoard and the Board will issue the buyer so registered with a Registration Certificate upon payment of a prescribed fcc their names will be for warded to respective offices of authorities. (2) The Registration Certificate shall specify the period and districts for which it is valid. (3) A buyer shall he entitled to he provided by the Board with a list of registered buying posts for each district in respect of which the Regist ration Certificate has been issued. (4) Upon registration the registered buyer shall obtain a trading li cence which licence may he withheld if the buyer had previously con ducted himself in a manner which violate these Regulations or is injurious to the economic interests of the respective district. PART IV BUYING OF RAW CASHEWNlJT 7.-( I) The local authorities may, hy notice. declare any place or premises to be a Cashewnut buying post either as a temporary or a permanent post. (2) The post so declared shall he the venue recognized for buying purposes and every buyer shall declare at the post the price for each kilogramme of Cashewnut. 682 .~------ .,------- . Cashewnut i Murketing} Regula/ions C.N. No. 369 (contd.) 8.-( I) The standard unit of measure shall be a kilogram me weight of cashcwnut transacted in Tanzania currency and every buyer shall use a weighing scale which has been serviced. inspected passed inspection by Weights and Measures Department of the Ministry responsible for Trade and Industries. (2) A buyer shall. for pllfj)O"':-' nf fdCllitating.smoorh and easier huying process, standardise the net weight in the bag or in any other recom mended packing material for tilt' trade to gO kilogramrnes or in such other weights as the Board mav 'lppWVC. (3) The selling and buying of Cashcwnuts at the buying pest shall be conducted between U6UO and 1:-;\10 Ii""rs ,)1' (;i any other times which may be specified by the Board ;"cing had on the pertaining local conditions. . Registric tion on standard Unit mea sure, in spection of weigh ing Scale. Scale. cur rency and business hours (4) A buyer shall keep and ,WI,' c';lZh p ;IOC of Cashewnut in separate stacks. 9. The Board may. for the purpOSL'S uf insuring and satisfying itself that buyers observe these Regulations, mspect any buying post or a warehouse at anytime during bt,,;i~l<.S' i,)()uCS with 01 without notice, Inspec tion by the Board 10.-( I) Every buyer ,,!i;\!l prepare ,',r cause to be prepared a monthly report by 10th dav of each Iollowing month during the buying season and submit such report to the Board. (2) A report shall contain aru: ',ho'x the k'!!uwing dates and inforrna tion-> Buyer and Board to make re port (a) weekly purchase: (\1) movements of cashcwnut to warehouses and factories; (c) average h'Jving price ofL.:rc<l (;yr c,kh g:';lde of cashewnut (3) The Board after rc.:ci\l!1g the rcprrt submitted to it by the buyer, shall make a purchase data formtilled III <) daily basis at the buying post and the forms shall weekly be collected lw the designated agricultural personnel who in turn will deliver the data form to the District Agricul tural Officer for onward tr ansmission II) the Board. II. The buyer shall make delivery 01 Cashcwnut to the factories and warehouses which had been previously declared by the buyer to thE: Board in pursuanc,' of Regulation 10(2) of these Regulations. Delivery of Cashew nut to fac tories. warehous es. etc. 12. The Board shall have tiw [x·\\,:[ 1\1 ascertain and assess data and information given by the buyer :'lI1d mav call for independent evidence to verify the data and information ';0 give». Power of Board to ascertain and assess informa tion and data Cashewnut (Marketing) Regulations G.N. No. 369 (contd.) Regula- 13. For avoidance of doubt, every buyer shall observe the regulations ti?n~ by issued by district authorities provided that the said regulaions had pre district viously been notified to the Board and the Board had in pursuance of ~~~rities Regulations 5(2), advertised those regulations and requirements. binding on buyers PARTY Required grades for Cashew nut ker nels Packaging of blanched cashew kernels Processo rs to 00 serve quality and Board to procure adequate quantity of Cashew nut PROCEDURE AND GUIDELINE: FOR PROCESSINC; 14. Every person who processes cashewnut shall be registered and issued with a licence by the Board upon payment of a prescribed fcc. 15. Each processing unit shall grade cashewnut kernels according to internationally accepted grades applying either the Indian or American grading system provided always that the same obtains the following grades (a) White whole -W1RO, W210 W240. W320. W450-Scorched Ker nels shall he Scorched wholes-SW spotted kernels shall be De ssert Kernels-Dessert wholes. (b) Broken kernels-Fancy Butts (FB). Fancy Splits (FS), Large White Pieces (LWP), Small White Pieces (SWP), Scorched Butts (SB). Scorched Splits (SS), Large Scorched Pieces (LSP), Small Scorched Pieces (SSP). Dessert Butts (DB), Dessert Splits (OS) and Dessert Pieces (DP). 16. Except for cashewnut waste, all blanched cashewnut kernels shall be packed in hermetically sealed tins, with CO 2 gas infused in 11.34 kilogramme net weight tins and where there is shipment the tins shall be carbonized in two tins in each carton box: Provided that an alternative packaging material may be used upon approval by the Board. J7.-(1) Each processor, owner or lessor ofcashewnut.factory shall (a) ohserve quality standard of the products; (b) fumigate the factory prior to the commencement of processing exercise. (c) arrange for routine quarterly fumigation of the factory; (d) make commitment agreement with the Board to procure adequate quantities of raw nuts for processing in their factories. (2) For the purposes of ensuring the supply of cashewnut, the Board will seek from the processors an undertaking to accept cashewnut de liveries from small licensed buyers or co-operative societies for sale at an acceptable prices. 684 Power to inspect proces sing unit or factory Proces sing units to submit monthly report to thc Board Cashewnut (Marketing) Regulations G.N. No. 369 (contd.) (3) The quality of the cashewnut delivered from small licensed buyers or co-operative societies shall be verified upon entry at the gates of the factory. (4) Small hand processors shall keep, maintain and observe the minimum health standards at place of work so as to ensure supply and maintenance of water and other sanitary facilities as required by laws governing labour in the factories. 18.-(1) Every processing unit shall prepare or cause to be prepared a monthly report by 10th day of each following month during the proces sing period and submit such report to the Board. (2) The report shall contain and show the data and information (a) quality of rawnuts received; (b) deliveries to processing plants and stock balance and (c) the stock position of kernels. 19.-(1) A designated officer of the Board may, at anytime during business hours, enter upon any processing unit or factory' for purposes of securing compliance with the provisions of these Regulations. (2) Any person who obstructs or interferes with a designated officer exercising his powers under this Regulation or refuses the officer a permission to exercise the powers or declines to co-operation with the officer in the execise of doing inspection commits an offence and is liable on conviction to a sentence stipulated under Regulation 23. PART VI EXPORT PROCEDURES (a) Guidelines 20.-(1) Every exporter of cashewnut kernels and raw cashewnuts shall first obtain a valid trading licence issued by the relevant authority. (2) After obtaining a trading licence the exporter shall also obtain an export permit from the Board for each and every lot of shipment. (3) Before export permit is granted, the Board shall ensure that the exporter of raw cashewnuts make a declaration in respect of geographical source of cashewnut intended for export. 21:-(1) The exporter shall, prior to making shipment of each export consignment, observe quality standards specified in the relevant sales contract and pay export levy applicable. (2) Export permit shall be granted by the Board only after a declara tion in relation to exportable values or volumes has been made. 685 Trading n cence and declara tion of geog raphical source of raw Cashew nut Payment of Export Levy. quality standards to be ob served Cashewnut (Marketing) Regulations G.N. No. 369 (contd.) (3) For purposes of satisfying itself if the exporter observes the pro visions of this Regulation, the designated officer of the Board may, after issuance of Export Permit, make a random inspection at the warehouse where the raw cashewnut is stored And or vessel prior to shipment. Exporters to observe Interna tional \farket in!; Infor mation Penalty for con travening these Regula tions Delega tion of powers by the board Appeal (b) Marketing 22.-(1) The sell of cashewnut shall be made in accordance with internationally acceptable standards pertaining to grades unit of measure and packaging. ,2) Exporters of Cashewnut kernels shall in their dealings, be guided by and observe the prevailing International Marketing Information. 23.-(1) Any person who contravenes or fails to comply with any of these Regulations commits an offence against these Regulations and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. (2) Where the contravention is in respect of any of the provisions of Part V of these Regulations the Board may opt to revoke or suspend the licence in lieu of the fine or a term of imprisonment: Provided that nothing shaH render it unlawful for the Board to revoke or suspend the licence in additional to a fine or a term of imprisonment imposed thereto. 24. The Board may delegate to any person or institution all or any of the powers conferred by the provisions of these Regulations. 25. Any person who is aggrieved by the decision of the Board may appeal to the Minister. Dar es Salaam, October, 1996 PAUL PETER KIMrTI. Minister for Agriculture and Co-operatives Price Shs. 460/