Exportation of Fruit Act (Cap. 63:53)

EXPORTATION OF FRUIT ACT CHAPTER 63:53 LAWS OF TRINIDAD AND TOBAGO Act 23 of 1931 Amended by 46 of 1979 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–14 .. L.R.O. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 2 Chap. 63:53 Exportation of Fruit Index of Subsidiary Legislation Page Exportation of Fruit (Budded Oranges and Grapefruit) Regulations (G 16. 12. 37) … … … … … … … 7 Exportation of Fruit (Limes) Regulations (G 7. 5. 36) … … … 12 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 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Exportation of Fruit Chap. 63:53 3 CHAPTER 63:53 EXPORTATION OF FRUIT ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Packing and shipping. 4. Inspectors. 5. Inspection. 6. Duty of inspector. 7. Stamping of packages and issue of certificate. 8. Unauthorised export. 9. Power of Comptroller. 10. Regulations. 11. Penalties. SCHEDULE. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 4 Chap. 63:53 Exportation of Fruit CHAPTER 63:53 EXPORTATION OF FRUIT ACT An Act relating to the exportation of fruit. [1ST DECEMBER 1931] 1. This Act may be cited as the Exportation of Fruit Act. 2. In this Act— “fruit” means any fresh fruit, nut, or vegetable to which this Act shall be made to apply by Order of the Minister; “fruit inspector” means any person appointed under section 4 to exercise the powers of inspection of fruit under this Act; “packing house” means the packing house or houses as specified in the Regulations; the word “export” shall be applicable only to fruit shipped for marketing outside of Trinidad and Tobago. 3. All fruit intended for export shall be packed and shipped in accordance with this Act and the Regulations. 4. The Minister may appoint fit and proper persons to be fruit inspectors, one of whom shall be designated as the Chief Fruit Inspector. 5. The person in charge of a packing house shall give written notice to the Chief Fruit Inspector of the time during which it is proposed to pack fruit, and no fruit shall be wrapped or packed until it has been inspected and approved by a fruit inspector. The examination shall include inspection of the containers and such supervision as is possible of the packing of such fruit. 6. It shall be the duty of every fruit inspector to satisfy himself that fruit intended for export conforms to the specifications set out in the Regulations. 1950 Ed. Ch. 32. No. 6. 23 of 1931. Commencement. Short title. Interpretation. Packing and shipping. Inspectors. Inspection. Duty of inspector. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Exportation of Fruit Chap. 63:53 5 Stamping of packages and issue of certificate. Schedule. Unauthorised export. Power of Comptroller. Regulations. Penalties. 7. On being satisfied that the requirements of section 3 have been complied with, the fruit inspector shall mark each package of fruit intended for export with a stamp showing that the fruit in such package has been inspected and passed as fit for export by a fruit inspector and at the same time shall issue a certificate in the form in the Schedule. The certificate shall be conclusive evidence that the requirements of this Act and the Regulations have been complied with. 8. No person shall export or attempt to export fruit unless all the requirements of this Act and the Regulations have been complied with, and no person shall wilfully tamper with any package after the same has been certified as fit for export. 9. The Comptroller of Customs and Excise shall refuse to permit the exportation of fruit not certified by a fruit inspector as fit for export, and may also exercise the like power whenever he has reasonable cause to suspect that any certified package of fruit has been tampered with after certification by a fruit inspector. 10. (1) The Minister may make Regulations with regard to the exportation of fruit and generally for carrying into effect the provisions and purposes of this Act, including the payment of fees. (2) Regulations made under this section shall be subject to affirmative resolution of Parliament. 11. Any person who contravenes any of the provisions of this Act or of the Regulations is liable, on summary conviction, to a fine of one thousand dollars. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 6 Chap. 63:53 Exportation of Fruit SCHEDULE FRUIT INSPECTOR’S CERTIFICATE No. of packages and Identification Mark Date Name of Shipper Ship Description of fruit Grade No. of fruit per case Section 7. I hereby certify that I have examined the fruit specified above and that, in my opinion, it is fit for export. Date ............................, 20...... Place ....................................... ........................................................... Fruit Inspector UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Exportation of Fruit Chap. 63:53 7 SUBSIDIARY LEGISLATION EXPORTATION OF FRUIT (BUDDED ORANGES AND GRAPEFRUIT) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Packing. 3. Conveying. GRADES 4. Graded for quality. 5. Fruit to be mature, etc. 6. Grades. CONTAINERS 7. Crates. 8. Stencilling. 9. Label. PACKING 10. Fruit to be wrapped. 11. Grade (vii). UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 8 Chap. 63:53 Exportation of Fruit [Subsidiary] EXPORTATION OF FRUIT (BUDDED ORANGES AND GRAPEFRUIT) REGULATIONS made under section 10 1. These Regulations may be cited as the Exportation of Fruit (Budded Oranges and Grapefruit) Regulations. 2. All fruit intended for export shall be packed at the packing house or houses of the Co-operative Citrus Growers’ Association of Trinidad and Tobago. 3. All fruit intended for export shall be conveyed from the field to the packing house in field boxes as approved by the Chief Fruit Inspector. Any person who conveys or causes to be conveyed fruit in containers not so approved is guilty of a breach of these Regulations. GRADES 4. All fruit intended for export shall be graded for quality according to the grades defined below and be marketed under brands approved by the Chief Fruit Inspector. 5. Fruit of all or any grade, except grade (vii) specified in regulation 6, shall be mature, free from decay, bruises, creasing, unsightly scars, dryness and cuts which are not healed, and with the stems cut closely to the fruit. They shall be free of damage caused by dirt or other foreign materials, thorns, diseases, insects, or by mechanical or other means. An allowance of not more than eight per cent by count may be permitted in respect of the above-mentioned defects. 6. The grades shall be as follows: (i) Fancy. Fruit exported in any one container must be of similar varietal characteristics, that is of similar colour and shape, be firm, of smooth or fairly smooth exterior and thin or fairly thin skinned and shall be free G 16. 12. 37. Citation. Packing. Conveying. Graded for quality. Fruit to be mature, etc. Grades. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Exportation of Fruit Chap. 63:53 9 Exportation of Fruit (Budded Oranges and Grapefruit) Regulations [Subsidiary] from all discoloration apparent in the process of grading. (ii) Choice. Fruit exported in any one container shall be of similar varietal characteristics, that is of similar colour and shape, must be fairly firm, may be slightly rough and slightly misshapen and thicker skinned than Fancy. Fruit must not be decidedly pear-shaped or creased or badly wrinkled. Fruit of this grade shall show not more than twenty-five per cent light discoloration. (iii) Bronze. Fruit in this grade must conform to all standards of grade (ii) except that the surface of the fruit may show a reddish brown or reddish yellow colour. Black or unsightly discoloration, rough, misshapen or otherwise unsightly fruit are not allowed. (iv) Standard. Fruit exported in any one container shall be of similar varietal characteristics, that is of similar colour and shape, must be fairly firm, edible and merchantable, but need not be up to the specifications of Choice. (v) Russet. Fruit in this grade must conform to all standards of grade (iv) except that the surface may be partially or totally discoloured. (vi) Discoloured. Fruit in this grade shall be of similar varietal characteristics of more or less uniform colour and shape, must be fairly firm, edible and merchantable, but need not be up to the specifications of standard. (vii) Culls and Orchard Run. Fruit in these grades must be free of decay and reasonably firm. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 10 Chap. 63:53 Exportation of Fruit [Subsidiary] Exportation of Fruit (Budded Oranges and Grapefruit) Regulations Crates. Stencilling. Label. Fruit to be wrapped. CONTAINERS 7. Crates shall be so constructed as to provide panel ends and centre piece. The inside dimensions shall be twelve inches by twelve inches by twenty-four inches. The fruit shall be so packed that the cover will bulge at the middle; provided that the overall height of the box after packing shall not exceed fourteen and a half inches. A flat pack may be used to meet the requirements of any special trade or special order to the satisfaction of the Chief Fruit Inspector. The cover shall be fastened over the centre by a metal strap not less than eighteen inches in length and an additional strap or wire fastened completely around the base at each end for all crates intended for export outside the West Indies. To meet the requirements of any particular trade or of any special demand the Chief Fruit Inspector may permit the use of packages other than those of standard construction and dimensions. 8. The words “Trinidad and Tobago Co-operative Citrus Growers’ Association” shall be stencilled in bold letters on both sides of the container used for shipment of all fruit included in grades (i) to (v) specified in regulation 6. Special containers, authorised by the Chief Fruit Inspector, and so marked as to indicate that the fruit is of Trinidad origin may be used to meet the requirements of any special demand. 9. On standard crates an attractive label representing the brand shall be pasted on one end panel. The number of fruit or the size of the fruit in the box shall be stamped on the top left-hand corner and the grade (for example: Choice) on the right-hand corner. PACKING 10. Except in the case of grade (vii) specified in regulation 6, each fruit shall be tightly wrapped in good paper, which bears a design representing the brand of the fruit; all such designs shall face the outside of the boxes. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Exportation of Fruit Chap. 63:53 11 Exportation of Fruit (Budded Oranges and Grapefruit) Regulations [Subsidiary] 11. Exports of grade (vii) specified in regulation 6 shall be allowed only for filling definite orders and on permits previously obtained from the Chief Fruit Inspector who should satisfy himself as to the ultimate destination of the fruit prior to the issue of a permit. Grade (vii). UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 12 Chap. 63:53 Exportation of Fruit [Subsidiary] EXPORTATION OF FRUIT (LIMES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Licensed packing houses. 3. Care of packing houses. 4. Condition. 5. Grades. 6. Wrapping. 7. Packing. 8. Containers. 9. Stencilling. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Exportation of Fruit Chap. 63:53 13 [Subsidiary] EXPORTATION OF FRUIT (LIMES) REGULATIONS made under section 10 1. These Regulations may be cited as the Exportation of Fruit (Limes) Regulations. 2. All limes intended for export shall be packed at a packing house in respect of which a licence has been issued by the Chief Fruit Inspector. No such licence shall be issued in respect of any premises situated at a distance of more than one mile from Port-of-Spain in Trinidad or Scarborough in Tobago. 3. The owner, occupier or person in charge of any licensed packing house shall keep such premises in a clean and sanitary condition to the satisfaction of the Chief Fruit Inspector. 4. All limes intended for export shall be of the degree of maturity required by the trade, and shall be undamaged and free of any dirt, decay, disease, bruising, creasing, dryness, scars and cuts. 5. Limes intended for export shall be graded according to the following grades: (1) Large—which includes all limes which will not pass through a grade ring of one and seven-eighths inches diameter. (2) Medium—which includes all limes which will pass through a ring of one and seven-eighths inches diameter but not through a ring of one and five-eighths inches in diameter. (3) Small—which includes all limes which will pass through a ring of one and five-eighths inches in diameter. 6. Each lime shall be tightly wrapped in wrapping paper approved by the Fruit Inspector, but limes intended for export to the United States of America may be wrapped in straw paper. 7. All the limes packed in any one container shall be of uniform size and packed in a uniform pattern. G 7. 5. 36. [G 4. 6. 36. 46 of 1979]. Citation. Licensed packing houses. Care of packing houses. Condition. Grades. Wrapping. Packing. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 14 Chap. 63:53 Exportation of Fruit [Subsidiary] Exportation of Fruit (Limes) Regulations Containers. Stencilling. 8. Containers shall conform to the standard of quality generally accepted by the fruit trade, and approved by the Chief Fruit Inspector. To meet the requirements of any particular trade or of any special demand, the Chief Fruit Inspector may permit the use of packages other than those of standard dimensions. 9. All containers must be clearly stencilled with the following particulars: Shipping marks, Trinidad and Tobago Limes, W.I., grade, count or size. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt