Agricultural Produce and Livestock (Prevention of Theft) Act No. 49 of 2007

THE AGRICULTURAL PRODUCE AND LIVESTOCK (PREVENTION OF THEFT} ACT 2007. St. Vincent & the Grenadines Repackaged by permission by the Communications Unit ARRANGEMENT OF THE SECTIONS SECTIONS 1. Short title and arrangements ............................................................ 4 2. Interpretation .. . .. ....... ...... .. . ...... .. .. ... . .. ............. ... .. .. ..... ...... .. . .. .... . . . .. . . 4 3. Registration as a seller of agricultural produce or livestock ............. 6 4. Hours of transaction .......................................................................... 8 5. Certificate of purchase or receipt ..................................................... 8 6. Conveying produce or livestock or several persons .......................... 10 7. Power to arrest without a warrant ................................................... 10 8. Power to stop and search .......... .......................... .................. ........... 10 9. Power to stop and examine .............................................................. 11 10. Power to request certificate of purchase etc .................................... 11 11. Power to arrest and seize .................................................................. 12 12. Trial of suspected person ........ ........... ............ .... .. .. ..... ........... ........... 13 13. Escape of suspect ... ....... .......... ...... ..... ......... ............. ... .... ....... ........... 13 14. Search warrant ................................................................................. 14 15. Trial of persons before magistrate under section 14 ........................ 15 16. Tracing possession ............................................................................ 16 17. Orders before conviction .................................................................. 17 18. Forfeiture and sale after conviction .................................................. 18 19. Restitution ......... ... .. ...... . .. .. .. ..... . ........... .... .. ... .... .. ... ...... ... ............. ..... 18 20. Supervision order .............................................................................. 20 21. Taking of photographs of agricultural produce or livestock ............. 22 22. Sale of livestock and perishable produce .......................................... 23 23. Identification systems ....................................................................... 24 24. Assistance to constable ..................................................................... 25 25. Penalty of assaulting constable ......................................................... 25 26. Offences in relation to certificate of purchase ................................. 25 27. Forging, counterfeiting certificate of registration ............................. 26 28. Prosecution of offences .................................................................... 26 29. Amendment to schedules ................................................................. 27 30. Regulations ........................................................................................ 27 31. Savings ............................................................................................... 27 32. Transition ..................................................................................... ..... 27 SCHEDULES .................................................................................................. 28 3 [L.S.] Short title and commencement Interpretation St. Vincent & the Grenadines ACT NO. 49 of 2007 I ASSENT DR. FEDERICK BALLANTYNE Governor General 28th December, 2007 AN ACT to make provision for the prevention of theft of agricultural produce and livestock and for related matters. 31 st December, 2007 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Assembly of Saint Vincent and the Grenadines and by the authority of the same as follows: 1. (i} This Act may be cited as the Agricultural Produce and Livestock (Prevention of Theft} Act 2007. 2. (ii} This Act shall come into force on such date the Governor General may appoint by Procla mation published in the Gazette. (i) In this Act, unless the context other wise requires "agricultural produce" means root crops, plants, grasses, pulses, vegetables, cereals, fruit and fibers; 4 Cap.280 "certificate of registration" means a certificate of registration issued under section 3; "constable" means a member of the Royal Saint Vincent and the Grenadines Police Force and includes a rural constable appointed under the Police Act; u farm animal "includes any horse, mare, geld ing, foal, colt, donkey, mule, ass, ox, bull, cow, steer, heifer, calf, sheep, lamb, goat, kid, hog or pig. {/livestock" includes any farm animal or poultry or the carcass, head, skin, or any other part or product thereof; {/Minister" means the Minister responsible for agriculture; {/poultry" includes any fowl, chicken, turkey, ducks, goose, or other, bird commonly reared for the purpose of human consumption; {/suspected persons" means a person who has or has had in his possession or under his control in any place agricultural produce or livestock in the circumstances as shall reasonably cause a consta ble to suspect that the agricultural produce or livestock has been unlawfully obtained; {{vehicles" means any cart, carriage, dray, mo tor car, tractor, lorry or wheeled vehicle of any kind and, where the vehicle is drawn by an ani mal, includes such animal. (ii) Where in the Act agricultural produce or livestock is expressed to have been unlawfully ob tained that expression means that the agricultural produce or livestock was stolen or otherwise unlawfully obtained or received with knowledge that the agricultural produce or livestock had 5 Registration as seller of agricul tural produce or livestock Schedule 1 been so stolen or otherwise unlawfully obtained. 3. (1) This section does not apply to a person who has been registered as farmer and issued with a farmer's registration card by the Minister. (2) A person who sells or otherwise disposes of agricultural produce or livestock of the value or weight prescribed in Schedule 1 shall be regis tered in the manner provided in this section. (3} An application for registration, or renewal of registration under this section shall: (a} be made to the Minister (b) be in the form and contain and be accompa nied by information required by the Minis ter; and (c} be accompanied by such fee as the Minister may prescribe. (4) Where a person applies under this section to be registered, the Minister may cause such person to be registered and shall issue a certificate of reg istration in a form approved by the Minister. (5) A certificate of registration issued under this section (a} is valid for a period of five years from the date of issue upon payment of the pre scribed fee, if any, and is renewable on ex piry; (b) shall carry (i} a registration number; (ii} the date of issue; (iii} the date on which the certificate of registration shall expire; and 6 Schedule 1 (iv) such other particulars as the Minister thinks fit. (6) A person registered under this section shall (a) keep his certificate of registration in his pos session and, on being so required by a con stable, produce it for examination; or (b) cause his certificate of registration or a dupli cate of such certificate of registration to be conspicuously played at the place from which he sells or otherwise disposes of agri cultural produce or livestock or in each such place, where there is more than one. (7) A person who is required under this section to be registered and who (a) sells or otherwise disposes of agricultural produce or livestock of the value or weight prescribed in Schedule 1 without a valid cer tificate or registration issued under subsec tion (4); or (b) fails to comply with subsection (6), commits an offence and is liable on summary convic tion to a fine of five hundred dollar and to imprisonment for three months or to both such fine and imprisonment. (8) Notwithstanding subsection (7) (b), where a person is unable to produce his certificate of registration when so required under subsec tion (6) (a), a constable may permit that per son to produce the certificate of registration in person within forty-eight hours thereafter at such police station as may be specified by the constable, and if the certificate of regis tration is so produced that person shall not be convicted of an offence under this sec 7 Hours of transaction Schedule 1 Cap.117 Certificate of purchase or receipt Schedule 1 tion. (9} Notwithstanding subsection (2}, any other person may apply to be registered under this section and where such an application is made this section shall govern the applica tion. 4. (1) A person shall (a) purchase or in any manner obtain posses sion or custody of; or (b) sell or otherwise dispose of, agricultural pro duce or livestock of the value or weight pre scribed in Schedule 1 only between the hours of 5:00 am and 7:00 pm. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months or to both such fine and imprisonment. (3} Subsection (1) does not apply to a person who is licensed to carry on trade under the Price and distribution of Goods Act. 5. (1) No person shall (a) purchase; or (b) in any manner obtain possession or custody of, agricultural produce or livestock of the value or weight prescribed in Schedule 1 unless at the time of purchase or of obtain ing possession or custody of the agricultural produce or livestock the person obtains a certificate of purchase or receipt from the vendor or other person as the case may be. (2} No person shall 8 Schedule 1 Schedule 2 (a) sell; or (b} otherwise dispose of, agricultural produce or livestock of the value or weight prescribed in Schedule 1 unless at the time of sale or disposal the person gives a certificate of purchase or receipt as the case may be, to the purchaser or other person ob taining possession or custody of the agricul tural produce or livestock. (3) The certificate of purchase referred to in sub sections (1) and (2) shall be in the form set out in Schedule 2. (4) A receipt referred to in subsections (1) and (2) shall include the following information (a) the date of sale or disposal of the agricul tural produce or livestock; (b) If the person who sells or otherwise dis poses of agricultural produce or livestock is not a supermarket or grocery, the type and quantity of the agricultural produce or livestock sold or disposed of; and ( c) if the agricultural produce or livestock is purchased, the price paid therefore. (5) A person who gives a certificate of purchase or receipt in accordance with subsection (2) shall retain a duplicate of the certificate of purchase or receipt. (6) A certificate of purchase or receipt referred to in this section shall be produced at the re quest of a constable and on production of the certificate or receipt, the constable shall 9 Conveying produce or livestock of several persons Power to arrest without a warrant Power to stop and search (a} in writing, indicate at the back of the certifi cate of purchase or receipt the time it was produced and the amount and type of agricul tural produce or livestock seen by the consta ble; and (b} Sign the certificate of purchase or receipt. 6. (1) The person in charge of a vehicle or other means of conveyance that is used for the purpose of conveying the agricultural pro duce or livestock of more than one person shall cause the agricultural produce or live stock to be placed in such a manner as to preserve the identity of ownership of the several items of agricultural produce or live stock belonging to those persons. (2} A person in charge of a vehicle or other means of conveyance who contravenes sub section (1} commits an offence and is liable on summary conviction to a fine of five hun dred dollars and to imprisonment for three months or to both such fine and imprison ment. (3} The provisions of subsection (2) are without prejudice to the power of a constable to act with respect to such person in accordance with section 11. A constable may arrest a suspected person without a warrant. 7. A constable may arrest a suspected person without a warrant. 8. (1) A constable may, without a warrant, stop and search a person whom he has reason able cause to suspect (a) is carrying agricultural produce or livestock 10 Power to stop and examine Power to request certifi cate of purchase which has been unlawfully obtained; or (b) Is in control of any heap, stall or other col lection of agricultural produce or livestock which has been unlawfully obtained. (2) Where in the course of a search carried out under this section, agricultural produce or livestock is discovered, the constable may re quire the person (a) to produce a certificate of purchase or re ceipt referred to in section 5; or (b) To give an account of how he came into pos session of the agricultural produce or live stock. (3} Sections 10(3) , 11 and 12 apply tothis section with such modifications as may be necessary. 9. For the purpose of ascertaining whether agricultural produce or livestock is being con veyed on a vehicle or other means of convey ance, a constable may stop the vehicle or other means of conveyance and upon informing the person in charge of the vehicle or other means of conveyance of his purpose, may examine the vehicle or other means of conveyance or any parcel or package of any kind found in the vehi cle or conveyance. 10. (1} Where in the course of examining a ve hicle or other means of conveyance under sec tion 9, a constable discover agricultural pro duce or livestock, the constable may require the person in charge of the vehicle or other means of conveyance to produce a certificate of purchase or receipt referred to in section 5, 11 Power to arrest and seize or to give proffer of ownership of the agricul tural produce or livestock in his possession. (2) A person who, on being required to produce a certificate of purchase or receipt or to give a proof of ownership under subsection (1), fails to produce such certificate of purchase or re ceipt or fails to give proof of ownership, shall be required to give an account to the satisfac tion of the constable by what lawful means he came into possession of the agricultural pro duce or livestock. (3) If the person referred to in subsection (1) al leges that he was employed as a driver, car rier, agent or servant to convey the agricul tural produce or livestock he shall be required to give an account to the satisfaction of the constable of the person by whom he was em ployed and of the circumstances of his em ployment. 11. If upon being required to produce a certifi cate of purchase or receipt or to give proof of ownership, or to give an account under section 10, the person in charge of the vehicle or other means of conveyance does not produce the cer tificate of purchase or receipt or fails to give proof of ownership, or does not give an account, or, if he produces a certificate of purchase or receipt or gives proof of ownership or gives an account that in an opinion of the constable is not genuine, the constable may regard that person as a suspected person and may (a) arrest that person and any other person whom he has reasonable cause to suspect; (b) Seize any agricultural produce or livestock that 12 Trial of suspected person Escape of suspect the suspected person was found conveying; and (c) Package whereby the suspected person was conveying the agricultural produce or live stock. 12. (1) As soon as may be practicable after the arrest of a suspected person, the constable mak ing the arrest shall carry the suspected person be fore the magistrate together with any agricultural produce or livestock, vehicle or other means of conveyance, parcel, package or any other item seized. (2} if a suspected person referred to in subsection (1} does not give an account to the satisfaction of the Magistrate by what lawful means he came into possession of the agricultural pro duce or livestock that suspected person com mits an offence and is liable on summary con viction to a fine of ten thousand dollars and to imprisonment for two years or to both such fine and imprisonment. 13. (1} Where a person (a) refuses to stop a vehicle or other means of conveyance under his charge at the request of a constable in uniform; (b} being a suspected person escapes from a constable attempting to arrest him; or (c} being a suspected person lets fall or throws away from his possession any agricultural produce or livestock, a magistrate or justice of the peace, may upon application, issue a warrant for the arrest of that person and authorize the seizure of the vehicle or other means of conveyance, if any, that was used 13 Search warrant to convey the agricultural produce or livestock. (2) Upon the arrest of a person or suspected per son or the seizure of a vehicle or other means of section ii, and is liable to be dealt with in the manner prescribed in sections 12 (1) and 18. {3} If in being dealt with under section 12 (1} the suspected person does not give an account to the satisfaction of the magistrate by what law ful means he came into possession of the agri cultural produce or livestock that suspected person commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years or both such fine and imprisonment. 14. (1) If information is given on oath to a magistrate or justice of the peace that there is cause for suspecting that any agricultural produce or livestock unlawfully obtained is concealed or lodged in a house, store, yard or other place, or on land whether enclosed or not the magistrate or justice of the peace may issue a warrant au thorizing a constable to enter and search the house, store, yard, place, or land at any time. (2} The magistrate or justice of the peace issuing a warrant under subsection (1) may, by such warrant, if it appears necessary to be magis trate or justice of the peace, give authority to the constable with such assistance as many be found necessary, to use force for the purpose of effecting an entry, whether by breaking open doors or otherwise, but so that before 14 rial of persons efore magis ·ate under sec on 14 using such force for the purpose aforesaid the constable makes known his authority. (3) If upon a search made in accordance with sub sections (1) and (2), agricultural produce or livestock that the constable has reasonable cause to suspect of having been unlawfully obtained id found, the constable may arrest and bring before a magistrate as soon as may be practicable after such arrest (a) the person in whose house, store, yard, place or on whose land such agricultural produce or livestock is found; and (b) any other person found in the house, store, yard or place or on such land, if the constable has reasonable cause to suspect that the person placed or was privy to the placing of that agricultural produce or live stock in the house, store, yard or place or on such land. (4) if a constable fails or is for any reason unable to arrest a person mentioned in subsection (3) (a) and (b), a magistrate may issue a summons requiring such person to appear before the magistrate at a time and place to be men tioned in the summons. 15. A magistrate may call upon any person brought or appearing before him under section 14 to give an account to the satisfaction of the magistrate ( a) by what lawful means agricultural produce or livestock reasonably suspected of having been unlawfully obtained came to be in the house, store, yard or place or the land where the agri 15 cultural produce or livestock was found; or (b) That he was not privy to the placing of the ag ricultural produce or livestock in the house, store, yard or place or on the land, knowing or having reasonable cause to suspect the same to have been unlawfully obtained, and a person who fails so to satisfy the magistrate commits an offence and is liable on summary con viction to a fine of ten thousand dollars and to imprisonment for two years or to both such fine and imprisonment. 16. (1) if a person brought or appearing be Tracing fore a magistrate under the Act declares that he possession received agricultural produce or livestock rea sonably suspected of having been unlawfully ob tained from some other person, or that he was employed as a driver, carrier, agent or servant to convey such agricultural produce or livestock for some other person, the magistrate may cause every such other person through whose posses sion or control such agricultural produce or live stock previously passed, to be brought before him either by summons or by warrant, as the magis trate in each case thinks fit. (2) When such other person referred to in sub section (1) is brought before the magistrate, the magistrate may examine that person on oath as to whether he has been in possession or control of the agricultural produce or livestock reasonably suspected of having been unlawfully obtained, and, upon that person admitting such possession or control, or upon it being proved to the satisfac 16 Orders before conviction tion of the magistrate by what lawful means he came by such agricultural produce or livestock. (3) If such other person referred to in subsection (1} fails to give such account under subsection (2), he commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years or to both such fine and imprisonment. (4) For the purposes of this section, the posses sion of agricultural produce or livestock by a driver, carrier, agent or servant shall be deemed to be the possession of such agricul tural produce or livestock by the person who employed the driver, carrier, agent or servant to convey the agricultural produce or livestock suspected of having been unlawfully obtained. 17. In addition to any other order that a magistrate may be authorized to make under this Act, a magistrate may, at any time before or during the hearing of a matter under this Act, make any one or more of the following orders (a} that agricultural produce or livestock which is alleged to have been unlawfully obtained be delivered to the person who claims to be entitled thereto subject to the provision by such person of such security by way of bond as the magistrate may order; or (b) That any agricultural produce or livestock which is alleged to have been unlawfully ob tained be sold and that any proceeds which may be realized by the sale of such agricul tural produce or livestock be paid into Con solidated Fund. 17 Forfeiture and sale after con viction Restitution Cap.128 18. Where any person is convicted of an of fence under this Act, the court before which he is convicted shall order that the agricultural produce or livestock in respect of which the offence has been committed as well as any vehicle or other means of conveyance, if, any, used for the pur pose of conveying such agricultural produce of livestock be fortified and, upon such order being made the agricultural produce or livestock and the vehicle or other means of conveyance, if any, shall, unless an order under section 19 (1) is made or an application under section 19 (2} is success ful, be sold and the proceeds of such sale paid into the Consolidated Fund. 19. (1} A magistrate may order that agricul tural produce or livestock alleged to have been unlawfully obtained be delivered to the person who appears to the magistrate to be entitled to the agricultural produce or livestock where (a) in the event of the dismissal of the com plaint, the suspected person in his defense had denied being in possession of the agri cultural produce or livestock that was al leged to have been unlawfully obtained; (b} the magistrate convicts a suspected person; or (c} without proceeding to convict a suspected person, the magistrate acts under the Pro bation of offenders Act. (2) Where a vehicle or other means of conveyance is ordered to be forfeited under section 18, 18 :ap. 355 the owner of such vehicle or other means of conveyance may make a claim to a magistrate for the vehicle or other means of conveyance to be restored to him. (3} Where a claim is made to a magistrate under subsection (2} the magistrate may, subject to subsection (4), order that the vehicle or other means of conveyance be restored to the owner thereof on payment by the owner of any expenses incurred in transporting and keeping the vehicle or other means of convey ance for the purposes of this Act. (4) A magistrate shall not make an order under subsection (3) unless the magistrate that the owner of the vehicle or other means of con veyance, (a) did not permit any person convicted of an offence under section 12 or 13 to use the vehicle or other means of conveyance for the purpose of conveying any agricultural produce or livestock in respect of which the offence was committed; or (b) had no knowledge that any person con victed of an offence under section 12 or 13 would use the vehicle or other means of conveyance for the purpose of conveying any agricultural produce or livestock in re spect of which the offence was commit ted. (5) In this section "owner" in relation to a motor vehicle has the meaning that is given to it in the Motor Vehicles and Road Traffic Act. 19 Supervision order 20. (1) Where a person is convicted of an of fence under this Act, the magistrate before whom the person is convicted may order that such person be placed under police supervi sion for a purpose not exceeding one year, to be specified in the order. (2) An order under subsection (1) may be made in addition to or in substitution for any other punishment to which such person may be reliable, and when such an order is made in addition to any sentence of imprisonment passed on such person, the period during which the person shall be under police super vision shall commence immediately after the expiration of such sentence. (3) A person who is placed under police supervi sion under this section shall (a} within twenty-four hours of leaving the court or, where he has been sentenced to imprisonment, within the same period af ter his release from custody, notify the of ficer of the following information (i} his name and, where he uses one or more names, each of those names; and (ii) his home address; (b) at least fourteen days before any change of residence or hone address, for any pe riod whatsoever, inform the officer of the new residence or home address; (c} be and remain his stated residence or home address from 7:00 p.m. each night and 6:00 am each morning of the period or such portion thereof, as the magistrate may specify in the order, unless permitted by the officer in writing to absent himself 20 there from; (d) obey any lawful instructions given to him by the officer, for the purpose of ensuring compliance on the part of such person with the requirements of the order, during the period specified therein; (e) receive such visits as may be made from time to time at his stated residence of home ad dress by any constable, during the period specified in the order, for the purpose of ascertaining his whereabouts; and (f) present himself in the order, at such police station and at such times as the officer may specify, but not less than once per month. (3) Where a person without reasonable excuse fails or neglects to comply with a requirement of an order made in respect of him under this section, the officer shall apply to the magis trate who made the order for a warrant for the arrest of that person and shall bring that person before the magistrate who shall deal with the person in accordance with subsection (4). (4) Where a person is brought before a magis trate under subsection (3) the magistrate may (a) if it is proved to the magistrate's satisfaction that the person has failed without reason able excuse to comply with any requirement of the order, revoke the order and deal with the person for the offence in respect of which the order was made in any manner in which the magistrate could deal with him if he had just been convicted by that magis 21 Taking of photo graphs of agri cultural produce or livestock Schedule 3 trate of that offence; (b) Without prejudice to the continuance of the order impose on the person a fine not exceeding ten thousand dollars; or (c) Revoke the order and enforce the term of imprisonment commuted under subsection (1). (5) In this section, "officer" means the police of ficer in charge of the police station in the dis trict where the home of the person in respect of whom an order has been made under sub section (1) is located or any police officer specified by the Commissioner of Police. 21. A constable shall, within seventy-two hours of the seizure of any agricultural produce or livestock alleged to have been unlawfully ob tained, take or cause to be taken such photo graphs as may necessary, of the agricultural pro duce or livestock and complete Form 1 as set out in schedule 3. (2) The photographs shall be taken in the pres ence of the person who claims to be entitled to the agricultural produce or livestock and, wherever practicable, in the presence of the suspected person and both the person who claims to be entitled to the agricultural pro duce or livestock and the suspected person may complete Form 2 set out in Schedule 3. (3) Where a person referred to in subsection (2) refuses to sign Form 2 set out in Schedule 3, the constable shall make a note of the re fusal on the Form 2 and shall date and initial the note. 22 Sale of livestock and perishable produce 22. (1) Notwithstanding anything in this Act, where any agricultural produce or livestock seized is likely to perish before the trial of an of fence under this Act, the constable making an arrest shall deliver the agricultural produce or livestock to the Chief Agricultural Officer who Shall sell the agricultural produce or livestock, or if a sale cannot be conducted, dispose of it in any other manner. (2} The Chief Agricultural Officer shall deliver to the magistrate's court the offence referred to in subsection (1) is to be tried (a} a certificate containing the following in formation (i} the quantity of agricultural produce or livestock received by him; (ii} the quantity of agricultural produce or livestock sold; (iii) the amount realized by the sale; (iv) the date of the sale; and (v} where the agricultural produce or livestock is disposed of otherwise than by sale, the method and the date of disposal; and (b) the proceeds of the sale less any amount that is applied to satisfy the conduct of the sale. (3} A certificate referred to in subsection (2) shall be admissible in evidence as proof of the matters therein stated without proof of the signature of the Chief Agricultural Officer. (4} Where a person brought before the magis trate under this Act pleads guilty to or is con victed of an offence in respect of which the 23 Identification systems agricultural produce or livestock was seized and sold or otherwise disposed of, under sub section (1), the court may (a) in the case of a sale, order that the com pensation be paid, out of and not ex ceeding the net amount realized by the sale, to the person who appears to the magistrate to be entitled to the agricul tural produce or livestock; or (b) in a case where the agricultural produce or livestock was otherwise disposed of, order the accused to pay the informant or complainant such compensation not exceeding the net market value of the agricultural produce or livestock. (5) An award for compensation referred to in subsection (4) shall not be a bar to any civil proceedings for damages but any compensa tion awarded shall be taken into account for awarding damages. (6) Where agricultural produce or livestock is sold in accordance with subsection (1) and the owner cannot be ascertained, the pro ceeds of the sale shall be paid into the Con solidated Fund. 23. (1) The Minister, may, from time to time, approve or maintain systems for the purpose of enabling the identification and tracing of live stock. (2) Regulations made under this Act may require persons of any kind or description to use one of or more than one identification system ap proved or maintained under this section and notified in the Gazette, in accordance with 24 Assistance to constable Penalty for assaulting constable Offences in relation to certificate of purchase subsection (3}. (3} The Minister may, by notice published in the Gazette, specify the identification systems that may be used to comply with regulations made under this Act; and shall keep and make publicly available, a register of all no tices published in the Gazette under this sec tion. 24. A constable may call upon any person to aid and assist him in the execution of his duties under this Act, and if any person so called upon neglects or refuses without reasonable excuse to aid and assist such constable he commits an of fence and is liable on summary conviction to a fine of one thousand dollars and to imprison ment for three months or to both such fine and imprisonment. 25. A person who assaults, obstructs, hinders or resists a constable in the execution of his du ties under this Act, or a person acting in aid of such constable, or aids or incites any other per son to assault, obstruct, hinder or resist a consta ble or a person acting in aid of a constable com mits an offence and is liable on summary convic tion to a fine of five thousand dollars and to im prisonment for two years or to both such fine and imprisonment. 26. (1} A person who contravenes section 5 commits an offence and is liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months or to both such fine and imprisonment. 25 Forging, coun terfeiting certifi cate of registra tion Prosecution of offenses Cap.25 (2) A person who (a) when requested to produce a certifi cate of purchase or receipt, produces an invalid or false certificate of pur chase or receipt; (b) issues a certificate of purchase or receipt that contains any false infor mation in respect of the agricultural produce or livestock; or (c) in any way alters a certificate of pur chase or receipt, commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years or to both such fine and imprisonment and in respect of a second or subsequent offence, to imprisonment for four years. (3) It is a defense to a charge brought under subsection (1) to prove that the agricultural produce or livestock in respect of which the charge arose was cultivated or reared by the person so charged. 27. A person who forges or counterfeits or causes to be forged or counterfeited any docu ment purporting to be a certificate of registra tion under this Act commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years or to both such fine and imprisonment. 28. Any offence under this Act may be prosecuted and any penalty incurred may be imposed or recovered, in the manner provided 26 Amendment to Schedules by the Criminal Procedure Code on the complaint of a constable. 29. The Minister may, by order published in the Gazette, amend the schedules to this Act. 30. The Minister may make regulations Regulations (a) generally for giving effect to this Act; and Savings Transitions (b) prescribing anything that is authorized or required to be prescribed by this Act. 31. The provisions of this Act are in addition to the provisions of any other enactment provid ing for the prevention of theft of agricultural pro duce or livestock and nothing in this Act shall limit or affect any such enactment. 32. (1) A person who immediately before the date of commencement of this Act was selling or otherwise disposing of agricultural produce or livestock and who is required under this Act to be registered may continue to sell or otherwise dis pose of such agricultural produce or livestock without being registered under this Act (a) during the period of six months beginning with that date; and (b) if within that period application is made for registration, until that application is finally disposed of or withdrawn. (2) The Minister may, by order published in the Gazette., extend the period referred to in sub section (1) (a). 27 SCHEDULES SCHEDULE 1 (Sections 3, 4, 5) VALUE OR WEIGHT OF AGRICULTURAL PRODUCE OR LIVESTOCK 1. Agricultural produce or the value offifty dollars or more or of the weight of five kilograms or more 2. Livestock of the value of fifty dollars or more of of the weight of five kilo grams or more. 28 SCHEDULE 2 (Section 5) CERTIFICATE OF PURCHASE OF AGRICULTURAL PRODUCE OR LIVESTOCK Name and address of grower of agricultural produce or rearer of livestock Place where agricultural produce was grown or livestock was reared Name and address of owner of agricultural produce or livestock if the owner is not the grower or rearer The type and quantity of agricultural produce or livestock purchased or reared The dateof the sale or delivery of the agricultural produce or livestock The price paid for the purchase I ................................................................................. of .......................................... . ............ ...... ...... ...... ............................ hereby certify that the information con tained herein is true to the best of my knowledge, information and belief Dated this day of Name of vendor 29 SCHEDULE 3 (Sections 21) FORMl THE AGRICULTURAL PRODUCE AND LIVESTOCK (PREVENTION OF THEFT) ACT 2007 RETURNOF CONSTABLE 1 .............................................................................................................................. . (name, rank and number) of ............................................................................................................................ . (address) did on ............................................. take or caused to be taken photograph(s) of (quantity, if known and type of agricultural produce or livestock and any dis tinguishing marks) and the said photograph(s) was/were shown as numbers .................................. . (number of exposures) on the photographic camera model/serial numbers .......................................... .. (model and serial number of camera) which was used to take the photograph(s). Date .................................................................................. .. Signature ............................................................................ . 30 FORMl THE AGRICULTURAL PRODUCE AND LIVESTOCK (PREVENTION OF THEFT} ACT 2007 RETURN OF WITNESS TO TAKING OF PHOTOGRAPH (S) (Sections 21) 1 ............................................................................................................................. . (name of person) of ........................................................................................................................... . (address of person) Was jointly* present with* ................................................................................ . on ............................................................ at ......................................................... . (date) (place) and witness the taking of ........................................................ Photograph(s) of (quantity, if known, and type of agricultural produce or livestock) by or on the order of ............................................................................................ .. (name, rank and number of constable) Date .......................................................................................................................... . Signature/Mark ...................................................................................................... . Identification Card/ Driver's Permit No ........................................................... .. Witness to signature or mark ................................................................................ . *delete, if either the person who claims to be entitled to the agricultural produce or livestock or the suspected person is not present. Passed on the House of Assembly this 20th day of November, 2007 NICHOLE HERBERT Clerk of the House of Assembly Printed by the Government Printer at the Government Printing Office, Campden Park, St.Vincent and the Grenadines 2007 31 [Price$12.60]