Banana Cartons (Restriction of Export) Regulations, 1991 (S.R.O. No. 50 of 1991)

1991 BANANA CARTONS (RESTRICTION OF EXPORT) REGULATIONS S.R.O.50 COMl\'10NWEALTH O:F DOMINICA STATUTORY RULES AND ORDERS No. 50 OF 1991. REGULATIONS MADE by the Minister under Section 31 (1) (a) of the Customs (Control and Management) Act, 1985 (No. 16 of 1985). (Gazetted 28th November, 1991.) 1. These Regulations may be cited as the BANANA CARTONS (RESTRICTION OF EXPORT) REGULATIONS, 1991. 2. In these Regulations "banana carton" means any carton used by the Corporation C~r the export of bananas or bearing the name of the Corporation printed thereon; "Corporation" means the Dominica Banana Marketing Corporation established by the Dominica Banana Market ing Corporation Act 1984. 3. Subject to regulation 9 no person shall: (a) store banana cartons for export (b) store goods in banana cartons for exports Short title. Interpretation. No 11 of 1984. Storage of Banana Cartons. 4. Subject to regulation 9 no person shall load or cause or Loading of permit to be loaded on to any vessel or aircraft goods intended for Banana Cartons. export which are contained in or consist of banana cartons. 5. Any banana carton and any contents therein found on a Presumption vessel or aircraft shall, unless the contrary is proved, be presumed of Loading. to have been loaded with intent to export the same. 6. Any banana carton and any contents therein found at a Presumption port or wharf shall, unless the contrary, is proved, be presumed to of Storage. be stored for export. 7. The Comptroller or any proper ollicer may detain any vessel Detention of or aircraft which he reasonably believes has on board banana Vessel. cartons in contravention of these regulations and, may for that purpose (a) refuse clearance of any vessel or aircraft; 1991 :BANANA CARTONs (RESTRICTION OF EXPORl) REGULATIONS S.R.O. 50 Penalty. Exemption. (b) where clearance has been granted to a vessel or aircraft and that vessel is within the waters of Dominica or the aircraft is at an airport, demand that clearance granted be returned to him. 8.-(1) Any person who contravenes these regulations or any owner or master of a vessel or owner or commander of any aircraft on which banana cartons are found in contravention of these regulations is liable on summary conviction to a fine of three thousand dollars; (2) Where a person is convicted under subregulation (I) the cartons which formed the subject of the prosecution and the contents thereof shall be forfeited. 9.-(1) These Regulations do not apply to any banana carton: (0) in the possession of Geest Industries (W.I.) Limited, ABC Containers (Dominica) Limited, WINBAN, and the Corporation. (b) designated or labelled a used banana carton by the Corporation. (2) A carton shall be deemed not to be a used carton until the contrary is proven. These regulations shall come into effect on the 16th day of December, 1991. Dated this 15th day of October, 1991. ALLEYNE J. CARBON Acting Prime Minister and Minister for Finance DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price 40 cents)