Methylated Spirits Regulations (Cap. 87:54)

LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 82 [S ubaldlary] Chap. 87:54 Spirits and Spirit Compounds METHYLATED SPIRITS REGULATIONS ARRANGDMDNT 0 1' RDGULATIONS REGULATION 1. Citation. PART I METHYLATION 2. Notice to be given by methylator. 3. Process of methylation. 4. Huw opei atiou of iucrhylatiou to be cauied out. 5 Samples to be sent to Chief Chemist. 6. Removal to licensed premises. 7. Charge of warehousing labour and aupcrviaion . I'ART II KEEPING, SALE, DELIVERY AND REMOVAL OJ;' METHYLATED SPIRITS 8. Application. 9. Persons authorisedto receive . 10. Directions for keeping stock of methylated spirits. 11. Copy of Regulations and Act to be exhibited. 12. Vessels in which methylated spirits may be kept. 13. Stock account. 14. How stock account to be kept. 15 Bonds. 16. Hours for removal. 17. Permits and certificates to be kept tor one year. 18. Methylated spirits may not be watered. I'ART III PENALTY FOR OFFENCES 19. Penalties. SCHEDULE A. SCHEDULE B. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Spirits and Spirit Compounds Chap. 87:54 83 [Subsidiary] ma de under section 126 METHYLATED SI'IRITS REGULATIONS 11.1.34. [91/1967 ?"i0I1Q71 59/1975 80/1978 67/191!3 239/1990 120/1996 11012002 22712004 512009]. 1. These Regulations may be cited as the Methylated Spirits Citation. Regulations. j'AIU I METHYLATION 2. Any person intending to make methylated spirits shall give Notice to be giv en by at least twenty-four hours notice to the proper officer who shall methylator. then direct the spirits to be removed at the expense of the methylator to the place of methylation. 3. The wood naphtha, or methylic alcohol, must be of a strength Process of . methylation. of not less than 91.0 per cent Alc ./Vol., and when deposited at the [239/1990]. place of methylation, a sample must be drawn by the officer in the presence of the methylator or his agent, sealed with a distinctive seal and forwarded to the Chief Chemist for approval. When approved the wood naphtha must be added to the spirit in the proportion fixed by the Act; but the Comptroller may require that some other substance, or mixture of substances approved by the Chief Chemist. be added in addition to or in lieu of the wood naphtha before the spirits can be removed from the place of methylation. 4. The operation of methylation must be carried out in the presence of two officers. Each officer will be held equally responsible for seeing that the whole of the spirits is thoroughly mixed with the required proportion of naphtha, or other approved substances, Buth office rs who attend a iuethylatiou ale tu certify that the spirits have been methylated in their presence , and that the spirits have been mixed with the required proportion of naphtha or other ingredients, and forward without delay their certificates to the Comptroller. UPDATED TO DECEMBER 31ST 2009 How operation of methylation to be carried out. L.RD. LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 84 [Subaldlary] Chap. 87:54 Spirits and Spirit Compounds Mc'tlty lalc'd Spirits Regulations Samples to be sent to Chief Chemist. Removal to licen sed premises. Charge for warehousing labour and supervision. L2:lII2UU4 512009]. Application. Persons authonsed to receive. [239/1990]. 5. A sample of the methylated spirits must be drawn off by the officers in the presence of the methylator or his agent, sealed and sent to the Chief Chemist for approvaL 6. The methylated spirits after such approval by the Chief Chemist must be removed at the expense of the methylator to his licensed premises, or, in the case of methylated spirits made at a distillery, to a place approved for the purpose by the Comptroller. 7. The charge for warehousing spirits intended for methylation or wood naphtha or other approved substances to be nsen in the process of methylation sha 11 he the same as is charged for spirits deposited in warehouse, together with a charge of (a) one hundred and ninety-nine dollars and fourteen cents with effect from 1st January 2005; (h) two hundred and five dollars and twelve cents with effect from 1st January 2006; and (c) two hundred and thirty -five dollars and eleven cents with effect from 1st January 2007, for labour and supervision at each methylation. PART II KEEPING, SALE, DELIVERY AND REMOVAL OF METHYLATED SPIRITS 8. This Part of these Regulations applies to the persons referred to in Part XI of the Act as "authorised methylators", "retailers of methylated spirits" and "persons authorised by the Comptroller to receive methylated spirits ". 9. Any perso n engaged in any business requiring the use of methylated spirits, and who desires to purchase at one time more than the quan tity allowed to be sold by a retailer, viz.: five litres, must apply to the Comptroller for authority to receive methylated spirits, and upon receipt of the authority is entitled to receive, import, use and store methylated spirits in accordance with the terms of such authority subject to the due observance of the provisions of the Aet. Nothing in sueh authority shall be deemed to authorise such person to receive more than five litres at one UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Spirits and Spirit Compounds M c"tlry la lc"d Spirits Regulations Chap. 87:54 85 [Subsidiary] time from a retailer of methylated spirits, and any quantity greater than five litres at one time must be obtained either by importing the same or from an authorised methylator. 10. Every authorised methylator, retailer of methylated spirits or Directions for person authorised by the Comptroller to receive methylated spirits ~e~h~l~t~~Ck of shall keep the whole of his stock together in one place easily accessible spirits. for inspection, unless in any special circumstances the previous consent of the Comptrollershall have been obtained for keeping the methylated spirits otherwise, in which case the keeping of the methylated spirits shall be in accordance with the written directions of the Comptroller. Auy such directions shall be kept exhibited conspicuously ueai tu the place where the methyl ated spirits are kept. 11. Eve ry person to whom these Re gulations apply shall keep RCODY of . egulations and a copy of these Regulations and a copy of Part XI of the Act Act to be exhibited conspicuously near to the stock of methylated spirits. exhibited. 12. All methylated spirits shall be kept in a secure vessel of Vessels in which methylated metal or glass securely stoppered, and the full content of every spirits may be such vessel shall be shown clearly on a label securely attached to kept each such vessel. If any methylated spirits are sold otherwise than in such full vessel at one time , the quantity sold shall be ascertained by a standard measure to be kept for the purpose, and such measure shall be produced to any officer of Customs and Excise on demand. 13. Every authorised methylator, and every person authorised by the Comptroller to receive methylated spirits shall keep a stock account in the form set out in Schedule A. 14. Every entry in the stock account referred to in regulation 13 and every entry made by a retailer ot methylated spints in the stock acco unt required to be kept by him by section 120 of the Act shall be made legibly in ink immediately on the receipt of any methylated spirits, or prior to the removal of the same from stock, as the case may be, and no entry once made shall be altered, erased or interfered with in any way; provided that if any such entry is incorrect in any particular, a note shall be made in any convenient space in the same page, setting out in what particular any such entry may be incorrect. UPDATED TO DECEMBER 31ST 2009 Stoc k acco unt. Schedu le A. How stock ac co unt to be kept. L.RD. LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 86 [S ubaldlary] Chap. 87:54 Spirits and Spirit Compounds Mc'tltylalc'd Spirits Regulations Bonds. Schedule B. Hours for removal. Permits and certmcates to be kept for one year. Methylated spirits may not be wat ered. 15. Every authorised methylator and every person authorised to receive methylated spirits shall enter into a bond in the form set out in Schedule B in a sum approved by the Comptroller as security for any penalties that may be imposed or any duties that may become due under the Act or these Re gulations. 16. No methylated spirits may be removed from the stock of any authorised methylator or person authorised to receive methylated spirits save between the hours of six in the morning and six in the evening, nor upon any Sunday or public holiday. 17. All requisitions must be kept by the authorised methylator who sends out any methylated spirits, and all permits must be kept by the licensed retailer (or person authorised to receive methylated spirits) who receives any methylated spirits for a period of at least one year atter the date ot Issue ot the same, unless such rcqursrtions or pernnts are, upon demand, delivered up to an officer of Customs and Excise, in which case the officershall givea receiptfor the same in the stock book. 18. No person to whom these Regulations apply shall water or otherwise diminish in strength any methylated spirits in his stock possession, and any spirits found by any officer to be below the strength at which the same ought to be found shall be forfeited. PART 111 J'ENALTY FOR OFFENCES Pena lties. J9. Any person committing any breach of these Regulations shall incur a penalty of four hundred dollars. Regulatiou 13. SCHEDULE A [239/1990]. FORM OF STOCK ACCOUNT TO BE KEPT BY AUTHORISED METH YLATOIl Methylated Spirits Made Delivery Accouut Marks Nu. and Nu. and Quantity sent out Date and Nos. Litres of date of date of of each Alcohol Litres of Litres Remarks package requisition permit Alcohol UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Spirits and Spirit Compounds Mc'tlry lalc'd Spirits Regulations Chap. 87:54 87 [Sub sidiary] FORM OF STOCK ACCOUNT TO BE KEPT BY PERSON AUTHORISED BY THE COMl'rROLLER TO RECEIVE METHYLATED SI'HUTS No. and No. and Marks and Quantity Quantity Nos. of Date date of date of packages received used used Remarks requisition permit received (Litres) (Litres) SCHEDULE B nOND TO DE GIVEN llY AUTHORISED METllYLATOR OR I'ERSON AUTHORISED BY THE COMPTROLLER TO RECEIVE METHYLATED SPHUrS Know All Men by these Presents that We , of .............., and , of , are held and firmly bound unto the State in the sum of dollars to be paid to the State , for which payment well and truly to be made we bind ourselves and each of us, our heirs, executors, administrators, and assigns, for and in the whole, and each of them, jointly and severally, by these presents. Dated this day of .in the year of Our Lord two thousand and . Whereas the above bounden is authorised to . methylated spirits in accordance with the provisions of the Spirits and Spirit Compounds Act. Now the condition of this obligation is such that if the said ............. shall pay all penalties incurred and all duties due to be paid by him in accordance with the provisions of the Act, and of any Regulations made thereunder, and shall duly observe each and every provision of the Act or of the Regulations made thereunder which is required to be observed by him, then this obligation shall be void, but otherwise shall be and remain in full force and virtue . Signed and delivered in the presence of .. UPDATED TO DECEMBER 31ST 2009 Regulation 15. L.RD .