Claying of Cocoa Act (Cap. 64:22)

CLAYING OF COCOA ACT CHAPTER 64:22 LAWS OF TRINIDAD AND TOBAGO Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–7 .. L.R.O. Act 43 of 1922 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 2 Chap. 64:22 Claying of Cocoa Note on Subsidiary Legislation This Chapter contains no subsidiary legislation. Note on Adaptation Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission amended certain references to public officers in this Chapter. The Minister’s approval of the amendments was signified by LN 52/1980, but no marginal reference is made to this Notice where any such amendment is made in the text. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Claying of Cocoa Chap. 64:22 3 CHAPTER 64:22 CLAYING OF COCOA ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Claying of cocoa prohibited. 4. Possession of clayed cocoa. 5. Sale, purchase, or export of clayed cocoa prohibited. 6. Licensed dealer in possession of clay. 7. Appointment of inspectors. 8. Power to enter premises of licensed dealer. 9. Power to enter any premises where offence suspected. 10. Inspector to have the right to examine cocoa intended for export. 11. Disposal of clay or clayed cocoa seized. 12. Assaulting or resisting inspector or constable. 13. Penalties. On conviction, licence may be cancelled. 14. Exemption in case of imported cocoa. 15. Regulations. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 4 Chap. 64:22 Claying of Cocoa CHAPTER 64:22 CLAYING OF COCOA ACT An Act to prohibit the claying of cocoa. [1ST JANUARY 1923] 1. This Act may be cited as the Claying of Cocoa Act. 2. In this Act— “clay” means the substance commonly known as “red clay”, and includes any substance capable of increasing the weight of or suitable for coating or colouring cocoa beans, or which may be used to make a mixture suitable for coating or colouring cocoa beans, whether such substance is in its natural condition or is mixed with any other substance; “clayed cocoa” means any cocoa beans to which any clay has been added; “inspector” means an inspector appointed under this Act; “licensed dealer” means a dealer in licensable produce licensed under the Sale of Produce Act; “vessel” includes schooners, sloops, droghers, flats, punts, boats, canoes, barges, scows, corials, rafts, or other craft. 3. Any person who adds clay to any cocoa is guilty of an offence. 4. (1) Any person who has in his possession or custody or under his control any clayed cocoa is guilty of an offence. (2) For the purposes of this section, any clayed cocoa in the possession or custody or in the control of any banker, agent, warehouseman, or carrier shall be deemed to be in the possession of the owner or consignor of the cocoa, but the onus of proving the true ownership of the cocoa shall be upon the banker, agent, warehouseman, or carrier. 1950 Ed. Ch. 23. No.9. 43 of 1922. Commencement. Short title. Interpretation. Ch. 63:52. Claying of cocoa prohibited. Possession of clayed cocoa. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Claying of Cocoa Chap. 64:22 5 5. Any person who sells or purchases or exports or who attempts to sell or purchase or export, any clayed cocoa is guilty of an offence. 6. Any licensed dealer on whose licensed premises or in whose house or building, being part of or contiguous to the licensed premises, any clay is found is guilty of an offence. 7. (1) The Minister may appoint one or more persons to be inspectors for the purposes of this Act. (2) The names of any persons appointed under this section shall be published in the Gazette. 8. (1) Any inspector or any constable, without warrant, may enter any premises in the occupation or under the control of any licensed dealer, and also any house or building part of or contiguous to the premises in the occupation of the licensed dealer; and may search therein for clay or clayed cocoa, and seize any clay or clayed cocoa that may be found therein. (2) The right of entry conferred by this section may be exercised between the hours of six o’clock in the forenoon and six o’clock in the afternoon of the same day. 9. (1) If any inspector or any constable has reasonable grounds for believing that an offence against any of the provisions of this Act is being or has been committed on any lands or in any premises, or that any clayed cocoa is stored or kept upon any lands or in any premises, the inspector or constable may apply to any Justice for a search warrant and with the warrant enter such lands or premises and also any house or building part of or contiguous to such lands or premises, and search therein, and seize and take away any clayed cocoa that may be found therein. (2) The right of entry conferred by this section may be exercised at any time of the day or night, and on all days, including Sundays and public holidays. Sale, purchase, or export of clayed cocoa prohibited. Licensed dealer in possession of clay. Appointment of inspectors. Power to enter premises of licensed dealer. Power to enter any premises where offence suspected. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 6 Chap. 64:22 Claying of Cocoa 10. The inspector may examine any cocoa intended for or in process of shipment for export from Trinidad and Tobago, and for this purpose the inspector shall have the right to enter on board any vessel in any harbour, bay, roadstead, or river, and to search, with his assistants, any and every part of the vessel, and to open any receptacle or bag containing, or which he has reason to believe contains, cocoa, and if, upon the examination or search, any clayed cocoa is found, the inspector may seize and take away such cocoa. 11. (1) Any clay or clayed cocoa seized under the powers contained in this Act shall be conveyed to the nearest Police Station or to such other place as the inspector may direct, and the inspector may give such directions as he may consider necessary for the removal thereto of the clay or clayed cocoa. (2) On conviction of any person of any offence under this Act in respect of any such clay or clayed cocoa, the same shall be forfeited, and may be destroyed or otherwise disposed of in such manner as the Magistrate in his discretion may order. Such forfeiture shall be in addition to any punishment authorised by this Act. 12. Every person who assaults, obstructs, or resists the inspector or any of his assistants or any constable in the execution of their duties under this Act, and every person who refuses or neglects to carry out any direction lawfully given by the inspector under section 11 is guilty of an offence. 13. (1) Any person who is guilty of any offence under this Act is liable on summary conviction to a fine of four thousand dollars. (2) If any licensed dealer is convicted of any offence under this Act, the Magistrate may, in addition to any other penalty which he may be authorised to inflict, order the licence of the offender to be forfeited and cancelled. Inspector to have the right to examine cocoa intended for export. Disposal of clay or clayed cocoa seized. Assaulting or resisting inspector or constable. Penalties. On conviction, licence may be cancelled. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Claying of Cocoa Chap. 64:22 7 14. Nothing contained in this Act shall be deemed to apply to cocoa which has been imported into Trinidad and Tobago under the provisions of the Cocoa (Import and Export) Act but the onus of proving to the satisfaction of the inspector that any cocoa has been so imported shall be upon the person alleging the same. 15. The Minister may make Regulations for the better carrying out of the provisions of this Act. Exemption in case of imported cocoa. Ch. 64:21. Regulations. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt