Fertilizers and Feeding Stuffs Ordinance, 1973 (No. 21 of 1973)

BELIZE No. 21 of 1973 I assent. R. N. POSNEIT, Governor. 4th December, 1973. AN ORDINANCE to regulate the sale and use of fertilizers and feeding stuffs, imposing obligations ou dealers and users thereof, and providing for matters connected. therewith. [Gazetted 29th December. 1973.] ue JT ENACTED by Jhe Queen's Most Excellent Majesty, by and with Jhe advice and consent of the House of Repre sentatives and the Senate of Belize and by the authority of ihe- same, as I ollows: l. This Ordinance m~ 'ie cited as the FERTILIZERS AND FEEDING STUFFS ORDINANCE, S!IQrtll"6 rnterprctatlon. 2. In this Ordinance, unless the context otherwise -re. quires "Analyst" means the person appointed as such under section 6; "article" means any article for use as a fertilizer of sou or as feed for cattle or poultry; "cattle" means bulls, cows, oxen, he:fers, steers, calves sheep, goats, swine, horses, mules, asses, rabbits; ' "ingredients" means ingredients specified for the PW'pose of this Ordinance by regulations and contained in any article: "Minister" means the Minister of the Government having the responsibility for the time being for Agriculture; · "'Regulations" means the Regul.ltl,ion made under this Ordinance. · Ucaice required. 3.-0) Every person who sells any article shall take out SclJcr to give Gtotutory mtem~ot. an annual licence which shall expire on the 31st December next after the date of issue. (2) The licence. shall be granted free of charge to persons resident in the country or to companies incorporated, in the country. (3) The licence may be refused or cancelled by the Minister if in his opinion the holder has contravened or failed to observe the provision of this Ordinance or of the Regn:latioBs. (4) bery person who sells or exposes for sale any article without having in force a licence under this section shall .be' liable on summary conviction to a fine of five .bun• dred dollars. 4. Every person who sells any article shall give to the purchaser on or before delivery or within twenty.four hours after delivery a statement in writmg (hereinafter referred to as the statutory statement) containing the following par.ti• culars (a~ the name under which· the article is sold and (b} the names of all the main ingredients and other mat ters contained in the article of which or from which the article is made. and {c) the respective percentage of each ingredients ·to other ingredients and to other matters in the article:: Provided that the obligations imposed by this section shall not apply (i) to sales of any two or more articles which haw been mixed at the request of the purchaser; (ii) to sale of an article in a quantity of fifty-six pounds or less taken in the presence of the pur chaser from a parcel bearing a conspicuous label on which are marked legibly the particulars re quired by this section to be contained in the statutory statement; (iii) to sale of an article in a parcel bearing a label stating legibly all the particulars required by this section to be contaiaed in the statutory statement. 5-0) It shall be an offence for any person (a) to omit without reasonable excuse to give a statu tory statement as required by section 4 above, or (b) to give a statutory statement or affix a label in res pect of an article sold whic:1 is false in any material particular or t'1e particulars whereof d:J not accord with the results of the analysis of a sample of the article carried out in accordance with this Ordinance. (2) Any person guilty of an offence under this section shall be liable on summary conviction to a fine of two hundred dollars for the first offence and for any subsequent offence to a fine of five hundred dollars. 6.-0) The statutory statement and C1e lacet shalI. not withstanding any contract or notice to the contrary. have effect as a warranty by the seller (a) that the particulars contained therein are correct; (b) that the percentages of the ingredients in the article sold do not differ from those stated therein beyond the prescribed limits of variation; {c) where the article is for use as food for cattle or poultry. that it is suitable to be used as such. (2) Where any arti~e s:IJ for use as feed for cattle Or poultry is sold under a name or description implying that it is prepared from any particular substance or from any two or rnore particular substances, or is the product of any parti ~Iar seed or of any two or more particular seeds, and with• 0ut indication that it is mixed or compounded with any other &ubstance or seed, there shall be implied a warranty by the leller that the article is prepared from that substance or those &ubstances only or is a product of that seed or those seeds Dnly. (3) Any other statement in a written do::ument or ad ~ertlsement or circular descriptive of the article as to the ~lllount of chemical and any other substance or matter in e article sold for use as a fertilizer of the soil. or as to te amount of the nutritive and any other sutstance or matter the article sold for use as food for cattle or poultry. shall Pena.hies for contra venr1on o! li«tion 4. WamultlCI. Power to appoint Analy11.1 Purchuer TMY hue 11.nal;rw made, Taking of aampl~ by Anafy5t. have effect as a warranty by lhe seller that the facts stated are correct. 7-( I) The Minister may in writing appoint persons to act as Analysts for the purpose of this Ordinance. (2) No person shall, whih: holding the Office of an Analyst, engage or be interested, directly or indirectly in any trade. manufacture. or business connected with the sale or importation for sale of articles used for fertilizing the soil or as food for cattle or poultry. 8.-0) The purchaser of an articIF shall, on payment of the fee fixed, te entitled to have a· sample of the article purchased analysed by the Analyst and to 1eceive a certificate of the result of analysis. (2) The purchaser shalJ submit to the Analyst the sample of the article and a copy of the statutory statement relatmg to the article or tJ.e parcel bearing the label in which the article was purchased. (3) The Analyst shall analyse the sample submitted and furnish the pun.:haser a cei tihcate signed by himself of the result of analysis. The certificate s1iall be deemed to have been duly furnisned on proof of its despatc.J by registered post. (4) The purchaser shall, on payment of the fee fixed, be entitled to have the sample taken by the Analyst in the manner prescribed in sub-section 9(2) of this Ordinance for the.purpose of analysis by him. 9.-0) The Analyst may at all reasonable times enter any premises or place wh:ri the articJ~ i.i be:ng s Jd or manufac• tured or where he believes faat t.1eri i~ any aLicle and may take sample.; in fae presence of th! p:irchaser or owner or his representatives there.:Jf for analysis free of charge. (2) The Analyst taking a sample under this section shall divide it into three pans and cause each part to be marked, sealed and fastened up. He s:iall take two parts and deliver the third part to the owner of the article or to the person in whose charge and custody the article is. (3) It shall be the duty of the owner of the article or of the person in whose charge and custody the article is to furnish the Analyst at tbe time he takes the s3.mple a state ment in writing containing all the particulars required to be incluled in a statutory statement under s ection 4 relating to the article from which he sample is taken. (4) If the owner or person for the time being with charge and custody of any article refuses to allow the Analyst to take·a sample of the article m wilfully-delays or obstructs the .Amaly&: in obtaining a sample or refuses to furnish him a statement as required by this section-, he shall be liable upon summary conviction to a fine of five hundred dollars. 10. Where a sample which has been ta:ken by the Analyst and niv.ided into three parts and marked. sealed and fastened up as hereinbefore mentioned. the Analyst's certificate shall at the heating ©f any civil or criminal proceedings with res pect to the article sampled be sufficient evidence of the facts therein stated unless the defendant or person charged requires that the person who made the analysis be called as a witness. 11. If any person fraudulentJ1 (a) tampers with any article so as to procure that any sample of it taken or submitted for analysis under this Ordinance does not correctly represent the articte. or (b) tampers with any sample taken or submitted for analysis under this Ordinance. or (c) tampers with any statutory statement or the Ana~ lyst's certificate produced in pursurance of this Ordinance or with a label affixed to a parcel con• taining an articl\t, he shall be Hable on summary conviction to a fine of five hundred dollars or to imprisonment for six months or both. 12.-U) Any person who uses as food for cattle or poultry, or who has in his possession for such use. or who sells or offers for sale, or who has in his possession, prepared or packed. for sale, any article containing a substance which by Regulations is declared to be a deleterious substance shall be guilty of an offence. (2) Any person who with a view to fattening cattle or poultry makes use by means of feeding or otherwise of any substance which by Regulations is declared to be deleterious substance shall be guilty of an offence. (3) In any proceedings under this section. it shall be no defence to allege that the purchaser having bought the article for analysis only was not prejudiced by the sale. (4) Any person guilty of any offence under this section &hall be liable on swnmary conviction to a fine of one thousand dollars or to imprisonment for six months or both. 13.-(1) Any person who sells or offers for sale or who has in his possession. prepared or packed. for sale. any article for use as food for cattle or poultry containing matters worth !~ for feeding purposes not disclosed to the purchaser at the time of sale shall be guilty of an offence. Ano.tysts• ·ee·rtf. ficate In legal prOC1:Cdin31. TamperinJ with anfctc, umplc c;tc;:, U.e of deleten. ou, sub1tancea. Safe of Worrb. lea manere prohibited. (2) Any person guilty of an offence under this section shall be liable to a fine of not exceeding five hundred dollars or to improsonment for two months. 14. The Minister may make regulations for (a) prescribing anything which under this Ordinance is required or authorised to be prescribed; (b) payment of fees for analysing samples by the An alyst. at the rates fixed from time to time; (c) specifying ingredients for the purposes of this Ordi nance; (d) prescribing the limits of variation for the purpose of this Ordinance; (e) declaring any substance• to be a deleterious sub stance for the purpose of section 12: (f) generally carrying this Ordinance into operation.