Adulteration of Produce Decree (Cap. 109)

CAP. 109. THE LAWS OF ZANZIBAR CHAPTER 109 ADULTERATIO·N OF-PRODUCE (PRINCIPAL LEGISLATION) PR[NTED AND PUBLISHED BY THE GOVERNMENT PRINTER, ZANZIBAR CAP. 109.] Adulteration of Produce 19 of 1934. Cap. 120,. 1934. 15 of 193-7, schd. . 23 of 193 7. Short title. Interpreta tion. 22 of 1952., s.2. CHAPTER 109 ADULTERATION OF PRODUCE ARRANGEMENT OF SECTIONS I. Short title. 2. Interpretation. 3. Offences. 4. Powers of inspectors and examiners. 5. Limitation on prosecutions. 6. Immunity of inspectors and examiners for acts done bona fide. 7. Costs, etc. 8. Implied warranty on sale. 9. Power to make Rules. 9 of 1938, A Decree to prevent the Adulteration of Produce schd. · 9 of 1945. 16of1946. [21ST JULY, 1934.] 29 of 1947. 22 of 1952. 1. This Decree may be cited as the Adulteration of Produce Decree. 2. In this Decree "adulterate" means to falsify, deteriorate or increase the apparent bulk or weight or conceal the inferior quality of produce by the combination, admixture or addition therewith or thereto · of some foreign, s~perfluous or inferior substance, matter or thing, whether deleterious or not, or by the use of artificial means, and includes abstracting from produce part of it so as injuriously to · affect its nature, substance or quality, or soaking or manipulating it so as to increase its bulk" or weight';· "adulterated produce" means produce which has been subjected to any of the processes specified in the definition of "adulterate" and it)cludes (a) chillies greater than one and a half inches in length or chillies containing more than nine per centum of moisture or one per centum of extraneous matter or eight per centum of chillies which in the opinion of the inspector or examiner are defective by reason of being broken, immature, or discoloured; (b) cloves containing more than~per centum of moisture or more than five per centum of any or all of the fol)o~ing substances that is to say stems, mother of cloves, and foreign superfluous or inferior matter; Adulteration of'Produce - . [CAP. 109. (c) cl0-v.e- stems containing more than sixteen per centum of 23 of 1937. mojsture or more than five per centwn of any or all of the following substances thaf is to say mother of cloves and foreign superfluous or inferior n\atter; . . : .(cl ) copra containing more tfam (i) seven per centum of moisture; or (ii) one quarter per cent~m of any foreign matter; or (iii) such percentage of -:immature, rubbery and slimy copra (makoroma) as may from time to time be prescribed by 22 of 1952, s.2. the Resident in Council by order published in the Gazette; G.N. 74 of 1956. or (iv) su'ch quantity of copraAwhich in the opinion of the inspector or ~xaminer is defective by reason of being immature, rubbery, -slimy, mouldy, decayed, oversmoked or buriffas will, together with the quantity of makoroma mentioned in ·sub-paragraph (iii), amount in the aggregate to more than .• per centum of the whole; (e) mangrove bark which is wet, mouldy, decayed or black, or 2~ of 1947, contains the bark of any tree other than such s.pecies of s. · mangrove trees as may from time to time be specified by the Dire,ctor of Agriculture by notice in the Gazette, which for the purposes of this Decree shall be deemed to be "adulterated produce"; · . "chilli": means the whole dried fruit of the pepper plant Caspicum 22 of 1952, Jrutescehs GOmmonly known as pili pili hoho; s.Z. "clean" when used as a verb, ~ans to free produce from any foreign, superfluous or inferior mafter by picking, boiling or other means, ~nd includes to free produce from excessive moisture and when used as an adjective has a torresponding meaning; "clov .. es" means the dried flower-buds of the clove tree; ''clove stems" means the drie4 htfiq.re~c~.oce of the clove tree from which the buds and- more advanced stages- of the flower and aJso the fruit have been removed, .that is to say commercial clove stems; "copra,. means the dried meat or kernel of the coconut; "examiner" means any person appointed by the Director of Agriculture to examine produce under this Decree; "inspector" means any Agricultural Officer or other person appointed an inspector for the purposes gf this Decree, by the British Resident by notice in lhc tiazc:1/e; "mangrove bark'' means tlii! dried b,li"k of the mangrove tree; "per-centum" refers to parts in every hundred parts by weight; "produce,, means chillies, co~onut oil, cloves, clove stems, copra, the dried bark of the mangrove tree and any other produce, whether raw or partly or wholly manufacutred, which the British 23 of 1957. 29 of 1947, s.2. 8 of 1945, s.2. 22 of 1952, s.2. 3 4 Offences. 9of1938, s.23. Powers of inspectors and ex aminers. 9 of 1938. s.23. CAP. 109.] Adulteration of' Produce Resident may from time to time by notice in the Gazette declare to be produce for the purposes of this Decree. 3. Any person who (a) adulterates or causes to be adulte(ated any produce intended for sale or export; (b) sells or tenders in satisfaction of any just claim or demand or knowingly has in his possession for sale or export in that condition any adulterated produce; shall be liable to a fine not exceeding four hundred and fifty shillings or to imprisonment for a term not exceeding three months for a first offence and to a fine not exceeding nine hundred shillings or to imprisonment for a term not exceeding six months for a second or any subsequent offence, and in any case the produce and any article or thing by means of which the offence was committed other than the receptacles containing the said produce may be forfeited: Provided, however, that no person shall be guilty of an offence under paragraph (b) if he shall satisfy the court that he Was not aware and could not with reasonable diligence have become aware that the produce was adulterated and that he had taken all reasonable precautions against the commission" of the offence, and that on demand made by the prosecutor, he gave all the information in his power with respect to the ,person or persons from whom he obtained the-produce. 4.-(1) An inspector or an exa0iner may (a) at all reasonable times enter any building or premises in or on which there is or is reasonably believed to be any produce intended for sale or export or in the course of preparation for sale or export; (b) stop any vehicle, boat or canoe in which any produce is being conveyed; (c) examine any produce which has not already been inspected and sealed or bagged under the provisions of any other law for· the time being in force; and take samples thereof; (d) seize and detain to be dealt with as hereinafter. provided~ (i) any adulterted produce and the receptacles containing the same; (ii) any vehicle, boat or canoe in which any adulterated produce may be found : Provided that an examiner shall not exercise the power conferred by paragraph (a) unless authorised by an inspf'ctor in that behalf. " (2) When any produce shall have been seized and detained· under the powers ·conferred by subsection (1) the inspector or examineT-, as the case may be, shall, if he is satisfied that the owner of the produce was not aware that the produce was adulterated or that, in the cases of cloves or copra, the adulteration was due to circumstances over which the owner had no control, release any vehicle, boat or canoe which may have been seized in connection therewith and shall permit the owner to clean the said produce and when the same has been cleaned shall release it. Adulteration of Produce [CAP. 109. :(3) Except as provided in subsection (2) an inspector or examiner, aithe case may be, shall forthwith report the seizure and detention of any p;oduce, vehicle, boat or canoe to a magistrate. ~( 4) When any produce, receptacle, vehicle, boat or canoe has been sejzed and detained under the powers conferred by subsection (1) and tlie owner thereof is unknown or cannot be found, a complaint may be la: id for the purpose only of enforcing forfeiture of such produce, recep tacle, vehicle, boat or canoe, and the magistrate having jurisdiction in the place in which such produce, receptacle, vehicle, boat oi; canoe is detained may cause notice to be given in such manner as he may think proper, statip.g that, unless cause be shown to the contrary at the time and place named in such notice, such produce, receptacle, vehicle, boat or canoe will be forfeited; and at such time and place the magistrate, unless cause is shown to the contrary, may order the forfeiture of the produce, receptacle, vehicle, boat or canoe. (5) Such fees for examination and inspection of produce may be charged as may be prescribed. 16 of 1946, s.2. 5. No prosecution for an offence under this Decree shall be com- Limitation menced except with the consent of the Director of Agriculture nor after ~~tI;~:.e the expiration of one year after the commission of such offence. 6. · No action shall lie against anin.spector or an examiner for anything Immunity of d ,1 • • d d f h inspectors one bona flue by him m pursuance or mten e pursuance o · t e and provisions of this Decree. examiners for acts done bona fide. 7. Upon any prosecution under this Decree the court may order Costs, etc. costs to be paid to the defendant by the prosecutor or to the 'prosecutor 1'y the defendant, having regard to the information given by, and the conduct of the defendant and the prosecutor respectively, and may ~ubje9t tp disallo~ance by the British Resident) order an informer to receive a sum -not exceeding one-half of any penalty recovered in consequence of such prosecution. 8. On the sale, or in the contract for the sale, of any produce the seller Implied shall be deemed to warrant that the produce is not adulterated, unless ::~~~~~Y the contrary be expressed in some writing, signed by or on behalf of the seller, and delivered at the time of the sale or contract to and accepted by the purchaser .. , , .. fl-IA.,~,::.. 9. The a..esident in Council may from time to time make rules pres scribing anything to be prescribed under the Decree and for the better carrying out of or rendering effective the provisions of this Decree. Power to make Rules. 16 of 1946, s.3. G.N. 74 of 1956. 5