Coconut Industry Control Regulations

COCONUT INDUSTRY CONTROL THE COCONUT INDUSTRY CONTROL ACT REGULATIONS (under section 20) THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (Made by the Coconut Control Authority on the 7th day of November, 1945 and approved by the Governor in Executive Council on the 12th day of November, 1945) PARTI INTRODUCTORY An#JL: L.N. 41/46 14/47 34/41 56141 55/49 18/51 111/52 136153 47/54 180/55 171/56 201/60 137/62 1/63 249/65 241/67 415"69 140/10 L.N. 75/45 39173 434,m 221n4 277N14 234n5 ll'c/78 1031/79 122A/11 3o/84 174"'84 26-'/19 10d91 32a'/92 61"'92 46f/95 124"95 16n/97 9411M 31,.JJ.OOO 1. These Regulations may be cited as the Coconut Industry Control s1iontit1c. Regulations, 1945. 2.-{l) In these Regulations "coconut dealer" means a person licensed under the Act as a copra maker, coconut exporter, local trader or local manufacturer; "nomination day" means the day specified in the advertisement referred to in regulation 19 as being the day for the nomination of candidates; "occupier", in relation to land, means the person in possession of or controlling such land; "registered coconut grower" means a coconut grower who is the holder of a valid certificate of registration under these Regulations; "registrable coconut property" means a parcel of land whereon 100 or more bearing coconut trees are growing. [The inclusion of this pa11e is uthorized by L.N. 78/2002) lnterptm tion. 3 4 The Register Apphcation for registra tion THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (2) For the purposes of the Act and of these Regulations "unit" means ( a) where coconuts in the husk are sold to the Board for resale for planting, 110 coconuts; (b) where (a) does not apply and the quantity of coconuts is ascertained by weight for coconuts of the Malayan Dwarf variety, 155 tbs; for coconuts of the San Blas variety, 170 tbs; for coconuts of all other varieties, I 3 5 ll>s: Provided that where the number of units has not been ascertained as aforesaid and the coconuts are made into copra, the number of units of such coconuts shall be calculated on the basis of 55.55 units for each ton of copra produced therefrom and sold to the Board. PART II REGISTRATION AND REGISTRATION PROCEDURE 3.-( I ) The Board shall keep an annual Register of the occupiers of all registrable coconut properties. (2) The Register shall be kept in such form and shall contain such particulars in relation to any occupier and in relation to any registrable coconut property as the Board may think fit. 4.-(1) Every occupier ofa registrable coconut property shall once in each year make application to the Board for registration in relation to every registrable coconut property occupied by him. (2) Every application for registration under paragraph (I) shall be in respect of a separate registrable coconut property: Provided that in any particular case the Board may in its absolute discretion permit any occupier to make application for registration in respect of more than one registrable coconut property occupied by him as if such properties constituted one registrable coconut property. (3) Every application for registration shall be in such form and shall contain such particulars in relation to the occupier and in relation to the property in respect of which it is made as the Board may specify and shall be signed by the occupier. (4) Subject to the provisions of paragraph (5), every application for registration shall be made on or before the I st day of March in the year in respect of which it is made. so, however, that in any year the [The inclusion of this page is authorized by L.N. 78/2002] • THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 Board may extend for a period not exceeding three months from the 1st day of March, the time at or before which applications for regis tration shall be made. (5) Where subsequent to the 1st day of March in any year, any person first becomes the occupier of any registrable coconut property he shall. within thirty days of so first becoming, apply to the Board for registration in relation to such property. so. however. that in any year the Board may extend for a period not exceeding three months the time within which such application shall be made. 5.--{1) So soon after the receipt of any application for registration Reau1rat1on. under regulation 4 as the Board is satisfied as to the accuracy and as to the sufficiency of the particulars contained in such application and as to the right of the applicant to be registered, the Board shall register the applicant as the occupier of the registrable coconut property to which such application relates, and shall issue to him a certificate of registration in respect of such property. (2) Where, in accordance with the provisions of the proviso to paragraph (2) of regulation 4, the Board permits any occupier to make application for registration in respect of more than one registrable coconut property as if such properties constituted one registrable coconut property. the Board shall issue only one certificate of registra tion in respect of all the registrable coconut properties comprised in the application pursuant to which the certificate is issued. (3) Every certificate of registration issued under this regulation shall be in such form and shall bear such distinguishing letter or number and shall contain such particulars relating to the occupier or to the registrable coconut property in respect of which it is issued as the Board may think fit. (4) Subject to the provisions of paragraph (5). every certificate of registration shall be valid for the year in which it is issued. (5) Where at any time subsequent to the issue of a certificate of registration the Board is satisfied that any person who is registered as the occupier of any registrable coconut property has for any cause ceased to be the occupier of such property or that such property has ceased to be a registrable coconut property. the Board shall revoke the registration of such person in relation to such property. tI'he loclusioa of thll paae la audlorlzed by L.N. 55/ 1991) 5 6 Recordl and returmby coconut 1rowen. =::r!'l coconut pwer eeulnatobe occupier. THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (6) Where the Board revokes the registration of any person as the occupier of any registrable coconut property, such person shall, upon being required so to do by the Board, deliver up his certificate of registration in respect of such property to the Board. PART III RECORDS AND RETURNS 6.-(1) Every person who is a coconut grower shall keep such records. make such returns and furnish such information as the Board may at any time require in relation to all or any of the following matters (a) the cultivation by him of coconuts; (b) the number of coconuts reaped by him; (c) the number of coconuts available, or likely to be available to be reaped by him; (d) the manner in which, the persons to whom and the purposes for which he disposed or contemplates that he will dispose of any coconuts grown by him; (e) the name, description, situation, area, productivity and intensity of cultivation of any land upon which he grows or has grown or contemplates growing coconuts; and (f) any other matter specified by the Board. (2) Any records kept, returns made or information supplied under paragraph (1) shall be kept, made or supplied in such form, at such time and in relation to such period as the Board may specify. (3) Any records kept under this regulation shall be open to be inspected at all reasonable times by any person authorized in writing by the Board. 7.-(1) Every registered coconut grower who for any reason other than his death ceases to be the occupier of any registrable coconut property shall within thirty days of so ceasing make a return to the Board specifying (a) the date upon which he ceased to be the occupier of such property; (b) the manner in which he so ceased; (c) the number or quantity of coconuts reaped by him from such (The IDclusl.on of this page is autborized by L.N. 55/1991) THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 property during the period commencing on the 1st day of January of the year in which he ceased to be the occupier of such registrable coconut property and terminating upon the day on which he so ceased; (d) the manner in which, the purposes for which, and the persons to whom, he disposed of all of the coconuts referred to under sub-paragraph (c); (e) the name and address of any person who consequent upon his having ceased to be the occupier of such registrable coconut property has become eligible for registration in respect of such property; and (f) any other information which the Board may require. (2) Every return under paragraph {l) shall be in such form as the Board may require. 8.-(1) Every coconut dealer shall keep a book in which, upon the receipt of any lot of coconuts at the place at which he carries on business as a dealer, he shall enter in relation to the coconuts com prised in such lot the following particulars (a) the number or quantity; (b) the name and address of the coconut grower from whom the coconuts were received; (c) the name of the property or properties on which the coconuts were grown and the registration number, if any, of the grower in respect of each such property; (d) the date of receipt; (e) any other particulars required by the Board. (2) The provisions of paragraph (1) shall apply to coconuts reaped from land of which the coconut dealer is himself the occupier as they apply to coconuts received by the coconut dealer from other coconut growers. (3) Every coconut dealer shall permit the book kept under para graph (1) to be inspected at all reasonable times by any persons authorized in writing by the Board. 9. Every coconut dealer shall keep such records and make such returns in such form, at such time, in relation to such period and con taining such information as the Board may at any time require. (The inclusion of this page is authorized by L.N. 54/2000] Book tobe kept by coconut dealers. Records and returns by coconut dealers. 7 8 Production of registratioa cenlficate. THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 10.-(1) Every registered coconut grower who delivers any coconuts to any coconut dealer or his agent shall, upon being required so to do, produce to the coconut dealer or his agent his registration certificate in respect of the registrable coconut property upon which such coconuts were grown. (2) Every coconut grower, at the time of delivering any coconuts to a coconut dealer or his agent, shall, if required so to do, deliver also to the coconut dealer or his agent a written memorandum specifying in relation to the coconuts so delivered (a) the name of the grower; (b) the number or quantity of such coconuts; (c) the name of the property upon which such coconuts were grown; and (d) if such coconuts were grown upon a registrable coconut property, the registration number of the grower in respect of such property. (3) Every memorandum delivered under paragraph (2) shall be signed by the coconut grower. PART IV LICENSING AND PRICE FIXING rrifnr:e'."•ker'• 11. No person other than the Board shall make or produce any copra except under and in accordance with the terms of a licence granted in that behalf by the Board. Every application for such licence shall be in such form and be accompanied by such particulars as the Board may from time to time require and the Board may in its absolute discretion grant or refuse any licence or attach any terms or conditions to any licence and may at any time revoke any licence granted hereunder. A separate licence shall be required for each factory or place at which copra is made or produced and the licence shall be in such form as the Board may from time to time determine. [The inclusion of thi> page i, authorized by L.N. 54/2000] THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 12. No person other than the Board shall export any coconuts except under and in accordance with the terms of a licence granted in that behalf by the Board. Every application for such licence shall be in such form and be accompanied by such particulars as the Board may from time to time require and the Board may in its absolute discretion grant or refuse any licence or attach any terms or conditions to any licence and may at any time revoke any licence granted hereunder and the licence shall be in such form as the Board may from time to time determine. 13.-( 1) The point at which delivery shall be made of coconuts sold to copra makers shall be the factory or place at which the copra is to be made or produced and the minimum price to be paid by copra makers to coconut growers for coconuts delivered at the aforesaid point of delivery shall be at the rate of$180.45 per 135 lbs. (2) No copra maker or any person on behalf of a copra maker shall purchase any coconuts at a price less than the aforesaid minimum price. 14.-( 1) The prices to be paid by the Board for copra made or produced in the Island and delivered at such point or points as the Board shall from time to time designate in bags of quality, condition and sizes approved by the Board shall (inclusive of the value of the bags) be the following prices, plus the cost of transportation as hereinafter provided (a) For the grade known as "Grade l Copra", being copra which, in the judgment of the Board's selector, is perfectly dried, is made from fully mature coconuts and is free from mould and rancidity, at the rate of $14,500.00 per tonne. ( b) For the grade known .as "Grade 2 Copra", being copra which is, in the judgment of the Board's selector, free from mould and rancidity, but which in respect of the degree of dryness or the maturity of the coconuts (The inclusion of this page is authorized by L.N. 78/2002) Exporter's licence Minimum price for coconuts sold to copra makers Price to be paid by the Board for copra. 9 10 THE COCONUT INDUSTRY CONTROL REGULATIONS, /945 from which made, is not in the judgment of the Board's selector of sufficiently high quality for inclusion in Grade I, at the rate of $18,106.44 per tonne. (c) For the grade known as "Grade 3 Copra", being copra which, in the judgment of the Board's selector, is of good merchantable quality, but is not of sufficiently high quality for inclusion in either Grade I or Grade 2 at the rate of$17,557.76 per tonne. (2) For the purposes of this regulation "cost of transportation" means (a) where coastwise shipping is utilized, wharfage and lighterage at the ports of shipping and destination plus shipping freight from the copra maker's nearest port plus coastwise insurance plus cost of transport from the port of destination to the designated point of delivery; ( b) where the railway is utilized, the railway freight from the copra maker's nearest railway station or siding plus cost of transport from the station of destination to the designated point of delivery. (3) Where neither coastwise shipping nor the railway is utilized, nothing shall be payable for cost of transportation except such sum ( if any) as the Board may in any s~cial circumstances and for special cause approve. (4) Notwithstanding the provisions of paragraph (I) the Board shall not be liable to pay the cost of transportation in any case unless the mode or modes of transportation and the cost thereof shall have been approved by the Board in writing prior to the copra leaving the factory or place at which it was made or produced and the Board shall have an absolute discretion in each case to grant or withhold such approval. (5) The Board shall have the right (if it so desires) to pay the cost of transportation or the appropriate portion or portions thereof direct to the carrier ·or carriers instead ofto the copra maker. / . [The inclusion of this page is authorized by L.N. 7812002I THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 15. The price to be charged by the Board for all copra made or produced in the Island and supplied by them to manufacturers of coconut products and delivered at the factory premises in Kingston of such manufacturers in bags of quality, condition and sizes from time to time approved by the Board shall be the price of degummed soya oil (including insurance and freight) as landed in Kingston, calculated in accordance with the following formula, that is to say X = S X R + M - E; l.852 "X" being the price, in the currency of Jamaica, to be charged by the Board for each tonne of copra supplied to manufacturers of coconut products; "S" being the price including insurance and freight, in the currency of the United States of America, of each tonne of degummed soya oil, landed in Kingston during the month preceding the month in which the copra is sold; "R" being the rate of exchange of the Jamaican dollar in relation to the United States of America dollar appli cable, for ous.toms purposes, on the date that the Board supplied copra to manufacturers; "M" being a rate of J$5,500.00 per tonne of copra, repre senting the recovery value of the meal derived from the copra by the manufacturer after processing and fixed for this purpose for the period ending 31st August, 2003; "E" being the manufacturer's cost per tonne to convert copra to oil, fixed at a rate of J$9,800.00 per tonne for the period ending 31st August, 2003; "l.852" being the conversion rate of copra to oil. [The inclusion of this page is authorized by L.N. 54/2000) 10.01 Price to be charged by the Board for copra. 10.02 Prescribed period. Preparation of voters' list. THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 PART V El.ECTION PROCEDURE 16. The prescribed period for the purposes of section 5 of the Act shall be, in relation to any election, the calendar year ending on the 31st of December next, preceding the date of such election. 17.-(1) In respect of each calendar year the Board shall prepare, in relation to each registrable coconut property, a record of the quantities and units (as shown by the books and documents of the Board in the case of coconuts purchased directly by the Board, and in all other cases by the returns made by coconut dealers under these Regulations and verified to the satisfaction of the Board) of all coconuts grown on such property and disposed of during such year. (2) From the record referred to in paragraph (1) and from the annual register referred to in regulation 3 the Board shall prepare annually a voters' list which shall show the names of all persons entitled to vote at the next election and the number of votes computed in accordance with the provisions of section S of the Act to which each such person is entitled. (3) The voters' list prepared under paragraph (2) shall for all purposes be conclusive as to the right of any person to vote at any election and as to the number of votes to which any person is entitled. (4) For the puq,oses of. this replalion "disposed of'' means, in relation to any coconuts (a) exported or converted into copra or into any coconut product by the grower of such coconuts; and (b) delivered by the grower to the Board or to any coconut dealer for any pwpose. [The inclusion of this page is authorized by L.N. 54/2000) THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 18. Subject to the provisions of paragraph (2) of regulation 20 and of paragraph (3) of regulation 24, the election required by section 5 of the Act to be held in each year shall be held at a meeting of registered coconut growers (in these Regulations referred to as an election meeting). upon such day and at such time and place as the Board may appoint. 19. Not less than thirty days before the day upon which it is proposed to hold an election meeting the Board shall give notice by advertisement in a daily newspaper (a) specifying the day. time and place at which it is proposed to hold the election meeting; (b) specifying the number of seats to be filled at such election; (c) specifying a day to be nomination day, not being less than ten nor more than fourteen days after the date of the first appearance of the advertisement referred to in this regulation, as the last date upon which nominations for election to the Board will be received; and (d) inviting all registered coconut growers to attend the election meeting. 20.-(1) Every candidate for election shall be nominated in writing by not less than three registered coconut growers who are together entitled to not Jess than twenty votes and no nomination shall be valid unless (a) it is received by the Board at any tin1e before 4 o'clock in the afternoon of nomination day; (b) it is signed by the registered coconut growers making the nomination; and [The inclusion of this page is authorized by L.N. 54/20001 ElectioW1. Election notice. Nominations and procedure thereafter. 11 12 THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (c) the nomination paper bears a statement signed by the candidate or his attorney of his willingness if elected to serve upon the Board. (2) If the number of valid nominations received under para graph (1) is the same as, or less than, the number of seats to be filled, the Chairman of the Board shall forthwith certify the same to the Minister together with the name or names of the candidate or candidates nominated as aforesaid and thereupon such candidate or candidates shall be deemed to have been duly elected; and the Chair man shall give notice by advertisement in a daily newspaper cancelling the election meeting. (3) If the number of valid nominations is less than the number of seats to be filled, the Board shall have power to co-opt one or more additional members to the shortage in the number of valid nominations, and each such co-opted member shall be deemed to have been duly elected; so, however, that each such co-opted member shall have been eligible to have been nominated for election. Upon each such co-option the Chairman shall certify to the Minister the name or names of the person or persons co-opted. (4) If the number of valid nominations received under para graph (l) exceeds the number of seats upon the Board to be filled, the Board shall forthwith give notice by advertisement in a daily news paper (a) specifying the number of seats to be filled; (b) specifying the names of all the candidates duly nominated and the names of the registered coconut growers by whom each such candidate was nominated; and (c) repeating the day, time and place appointed for the holding of the election meeting. (The inclusion of this page is authorized by L.N. 54/2000} THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (S} The notices required under this regulation and under regula tion 19 shall be given by publication in a daily newspaper or other newspaper or as the Chairman of the Board may specify in writing, and any notice so given shall be a valid notice. 21. The Chairman of the Board or, in his absence, some nominated chairman to member appointed by him in writing shall take the chair at every ::.i::i~°.t election meeting. If there is no Chairman or nominated member appointed as aforesaid, or if at any meeting he is not present within fifteen minutes after the time appointed for holding such meeting or is unwilling to act. the registered coconut growers present shall choose a member of the Board to be Chairman and if there is no member of the Board present or if no member of the Board present is willing to take the chair they shall choose some registered coconut grower present to be Olairman. 22.-(1} Subject to the provisions of paragraph (2), no business shall Quo111111. be transacted at any election meeting unless a quorum, which shall consist of at least ten registered coconut growers who are present in person and who are together entitled to not less than one hundred and fifty votes on their own behalf or on behalf of persons for whom they hold proxies is present at the commencement of the business. (2) If within half an hour after the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same day, time and place in the following week and if at such adjourned meeting a quorum is not present the registered coconut growers then present shall constitute a quorum. 2.l.-(1) Every registered coconut grower shall be entitled to vote Proziea either in person or by proxy. (2) Every proxy shall be appointed in the form specified by the Board under the hand of the appointer or his attorney or, if such appointer is a corporation, under its common seal or the hand of its attorney. [The lnclmion of this oaae ia audlorlzed by L.N. 55/19911 13 14 THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (3) Every instrument appointing a proxy and the power of attorney, if any, under which it is signed or a certified copy thereof shall be delivered to the Board not less than twenty-four hours before the time appointed for the holding of the meeting or adjourned meet ing at which the person named in such instrument proposes to vote. (4) No person shall be appointed a proxy unless he is himself a registered coconut grower or the attorney for a registered coconut grower or the managing director or manager of a company which is a registered coconut grower. Procedure., 24.-(1) The Chairman at every election meeting shall submit to the ~~ meet- meeting a list of names of all the candidates duly nominated and shall proceed to take the poll. (2) The poll shall be taken in such manner as the Chairman may direct. (3) The candidates elected shall be those receiving the largest number of votes and in case of an equality of votes between two or more candidates affecting the result of the election the Chairman shall adjourn the meeting to the same day, time and place in the following week and at such adjourned meeting another poll shall be taken as between such two or more candidates for the seat or seats not already filled. (4) On the taking of a poll every registered coconut grower shall be entitled to vote for a number of candidates equal to the number of places on the Board which there are to be filled and there shall be assigned to each candidate for whom any registered coconut grower votes the total number of votes to which such registered coconut grower is entitled. (5) Where more than one person is registered in respect of any registrable coconut property, any one of such persons may vote at any election meeting, either personally or by proxy, as if he were solely registered, and if more than one of such persons be present at any meeting, personally or by proxy, that one of the said persons so present whose name stands first on the certificate of registration in respect of such registrable coconut property shall alone be entitled to vote in respect thereof. (6) In the event of a dispute as to the number of votes to which any person may be entitled or as to the admission or rejection of any vote or as to any other question whatever relating to the proceedings at an election meeting the Chairman shall determine such dispute and his decision shall for all purposes be final and conclusive. [The inclusion of this page is authorized by L.N. 55/19911 THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (7) On the determination of the poll or polls the Chairman shall announce the names of the persons elected and shall certify the same to the Minister. PART VI CoNTROL OF CoCONUT PRODUCTS 25.-(1) No person shall make or manufacture any of the coconut products from time to time set out in the Schedule to the Act (here inafter called "controlled coconut products") except under and in accordance with the terms of a licence granted in that behalf by the Minister: Provided that this regulation shall not apply (a) to crude coconut oil made by any person who proves that in such making only human labour is used and no power pro duced by any mechanical means is utilized and that he does not make more than ten gallons in any calendar month; or (b) to shredded coconut, desiccated coconut, coconut meal, coir fibre, or coir fibre products made by any person who proves that in such making only human labour is used and no power produced by any mechanical means is utilized; or (c) to confectionery and flavouring products; or (d) to coconut shell charcoal, made by any person who proves that the same was burned in earth heaps or pits and was not produced by the use of any kilns, burning ovens or retorts. (2) For the purposes of paragraph (1) every person who is in possession or control of any premises upon which any controlled coconut product is made, processed or manufactured shall be deemed to make and manufacture such controlled coconut product. (3) Every application for a licence under this regulation shall be in such form and be accompanied by such particulars as the Minister may from time Ito time require and the Minister may in his absolute discretion grant or refuse any licence or attach any terms or conditions to any licence and may at any time revoke any licence granted hereunder. A separate licence shall be required for each factory or place at which any controlled coconut product is made or manu factured and the licence shall be in such form as the Minister may from time to time determine. Coconut products manufac turer's licence. 26.-(1) No person shall export any coconut product except under coconut and in accordance with the terms of a licence granted in that behalf =·• by the Minister. licence. [Ibo Inclusion of thla paae Is authorized by L.N. 55/19911 15 J 16 Percentage of coconut oil In certain products. THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (2) Every application for such licence shall be in such form and be accompanied by such particulars as the Minister may from time to time require and the Minister may in his absolute discretion grant or refuse any licence or attach any terms or conditions to any licence and may at any time revoke any licence granted hereunder and the licence shall be in suoh form as the Minister may from time to time determine. (3) This regulation shall not apply to any coconut products exported for personal or household use and not by way of trade or business and that the products or product so exported do not altogether exceed twenty-five pounds in weight 27.-(1) Except with the previous written permission of the Minister the percentage (by weight) of coconut oil to be used in all grades of soap shall be not less than thirty-three and one-third per cent. and any person who makes or manufactures any soap of any grade in the making or manufacture of which any lesser percentage (by weight) of coconut oil is used shall be guilty of an offence against this regulation. For the purposes hereof every person who is in possession or control of any premises upon which any soap 1s made or manu factured shall be deemed to make and manufacture such soap. (2) In any case where the saturation value of fatty acids ex tracted from any soap shall be less than 225 it shall be presumed (unless and until the contrary is proved by the defendant) that the percentage (by weight) of coconut oil used in the making or manu facture of such soap was less than thirty-three and one-third per cent as aforesaid. and for the purposes hereof "saturation value" shall mean the number of milligrammes of potassium hydrate (KOH) required to neutralize one gramme of fatty acids. (3) Except with the previous written permission of the Minister the percentage (by weighit) of coconut oil to be used in all grades of lard substitute and butter substitute shall be not less than sixty per cent. and any person who makes or manufactures any lard substitute or butter substitute of any grade in the making or manufacture of which any lesser percentage (by weight) of coconut oil is used shall be guilty of an offence against this regulation. For the purposes hereof every person who is in possession or control of any premises upon which any lard substitute or butter substitute is made or manufactured shall be deemed to make and manufacture such lard substitute or butter substitute. as the case may be. [l'be Inclusion of this paae is autho~ by L.N. 55/ 1991) THE COCONUT INDUSTRY CONTROL REGULATIONS, 1945 (4) In any case where the saponification value of fatty matter extracted from any lard substitute or butter substitute shall be less than 225 it shall be presumed (unless and until the contrary is proved by the defendant) that the percentage (by weight) of coconut oil used in the making or manufacture of such lard substitute or butter sub stitute was less than sixty per cent as aforesaid, and for the purposes hereof "saponification value" shall mean the number of milligrammes of potassium hydrate (KOH) required to saponify one gramme of fatty matter. 28.-(1) Every licensed manufacturer of coconut products shall keep in English such books of account, papers and vouchers as are necessary to show in detail the daily conduct of his business and his daily finan cial transactions, whether for cash or credit, in respect to the manu facture, purchases and sales of coconut products and all items used in or for the purposes of the business and shall also keep records setting out with respect to each coconut product made or manufactured by him (a) the quantities held at the beginning and end of each calendar month; (b) the quantity made or manufactured during each calendar month; (c) the quantity delivered during each calendar month showing separately the quantities delivered (i) by way of sale for export; (ii) by way of sale otherwise than for export; and (ill) in any other way, and showing also the price or other consideration received or to be received in respect of each delivery; (d) the quantities held at the beginning and end of each calendar month of all materials and ingredients used in the making or manufacture thereof; (e) the quantity used for the making or manufacture of any other coconut product during each calendar month; (f) such furfher information as the Minister may from time to time require by notice in writing to the manufacturer. (2) Every licensed manufacturer shall permit all the books, papers, vouchers and records mentioned in paragraph (1) to be inspected and copied at all reasonable times by any person authorized in writing by the Minister. [lbe lllcluslon of this page is authorized by L.N. 55/ 1991] Records and returns by licensed manufac turers of coconut products. 17 18 llecordaand ,eturaaby llcenled ezporten of coeonut ,roducta. THE COCONUT INDUSTRY CONTROL REGULA.TIONS, 194S (3) Every licensed manufacturer shall make such returns in such form, at such time or times. in relation to such period or periods, and containing auch information 81 the Minister may at aay 1imo require. 29.-(1) Every licensed exporter of coconut products shall keep records setting out with respect to each exportation and each coconut product included in such exportation (a) the quantity comprised in such exportation: (b) the ports of shipments and destination. the vessel or aircraft by which shipped and the date of departure thereof from Jamaica; (c) the name and address of each person to whom every portion of the exportation is sold or consigned and the quantities sold and/ or consigned to each such person, and the price or other consideration Neeived or to be received by the oxporter therefor; (d) the name and address of each person from whom every portion of the exportation was obtained by the exporter and the quantities obtained from each such person and the price or other consideration nceived or to be received by such person therefor, (e) such furlher information 81 die MJniJter may frCJm timo to time require by notice in writing to the exporter. (2) Every licensed exporter shall permit all the recoi:ds men tioned in paragraph (1) to be inspected and copied at all rcaaoaable times by any person authori7.ed in writing by tho Minuter. (3) Every licensed exporter shall make such returns in such form. at such time or times. in relation to such period or periods. and containing such information a, the Miniater may at any time iequire. PART VII PENALTIES AND RBPBAL 30. Any person who contravenes or fails or omits to comply with any of the provisions of these Regulations or of any licence granted under these Regulations shall be guilty of an offence and shall upon conviction thereof be liable to the forfeiture of any coconuts or coconut products concerned and, in addition. to a fino of one hundred dollars for each oflence or ten dollars in respect of each day of a continuiq offence. 31. [Omitted.] .tfho iDcJusioq of this IJa&O is audlorf7.ed 1,y L.N. "/1!1!11]