Manufacture and Export of Produce (Regulation) Act

Chapter number: 
121
In force: 
Yes

 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

 

CONSOLIDATED TO 30 JUNE 2012

 

 

Act 12 of 1963.

S.I.95 of 1975.

S.I.104 of 1975.

S.I. 72 of 1976.

Act 23 of 1976.

Act 3 of 1986.

 

LAWS OF SEYCHELLES

CHAPTER 121

MANUFACTURE AND EXPORT OF PRODUCE (REGULATION)ACT

[17th June, 1963]

 

ARRANGEMENT OF SECTIONS

 Section

 1.            Short title

2.            Interpretation.

3.            Inspection of produce before export. Export permit.

4.            Prohibition of export of produce with altered appearance.

5.            Inspectors.

6.            Appeal from decision of or action taken by inspector.

7.            Assessors.

8.            Penalty for obstruction.

9.            Penalty for using unauthorised brand etc.

10.          Penalty for forgery.

11.          Penalty for contravention of sections 4 and 5.

12.          Penalty for offences under the regulations.

13.          Documentary evidence of examinations or analysis.

14.          Indemnity.

15.          Regulations.

 

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1.   This Act may be cited as the Manufacture and Export of Produce (Regulation) Act.

 

 2.   In this Act, unless the context otherwise requires ?

"brand" means a stamp, mark, label or other visible sign impressed on or affixed to any produce and "tobrand" means to impress or affix such a sign;

 "Director" means the Chief Agricultural Officer;

 "export" means export from Seychelles for purposes of sale;

 "prescribed" means prescribed by or in accordance with regulations;

 "produce" means any article whatever produced or derived from fishing, farming or agricultural operations which the Minister may by notice published in the Gazette declare to be produce for the purposes of this Act;

 "regulations" means regulations under this Act.

 

3    No person shall export or cause or permit to beexported or attempt to export any produce unless and untilsuch produce has been inspected or inspected and branded in the prescribed manner and an export permit has been issued in respect of such produce by the prescribed authority.

 

4    No person shall export or cause or permit to beexported or attempt to export any produce which has been sotreated as to cause it to resemble an article of a differentgrade or of a different commercial value.

 

5          (1)   The President may appoint persons by name or office tobe inspectors of produce for the purposes of this Act.

(2) Inspectors shall act under the control and supervision of the Director who shall ex?officio be an inspector for all produce.

(3) Inspectors shall examine or grade or both examine and grade produce intended for export and shall have such other powers and duties as may be prescribed

 

6          A person aggrieved by a decision of, or action taken byan inspector may appeal to the Director or to a Board of threepersons appointed by the Minister.  The decision of the Director or of the majority of the Board shall be final andshall not be questioned in any court.

 

7          (1)   The President may, after consulting the AgriculturalBoard, by notice in the Gazette appoint as many persons as he thinks fit to be assessors of produce and may constitute panels of such persons for different kinds of produce.

(2) A person may be a member of more than one panel.

(3) The functions of assessors are ?

(a)  to advise the Director on matters arising under this Act; and

(b)  to assist the inspectors in their examination and grading of produce,

in such cases as may be prescribed.

(4) Unless otherwise prescribed, the Director or the inspectors, as the case may be, shall choose not less than two assessors from the panel of assessors to perform the functions above stated whenever required.

 

8          Any person who offers or threatens any resistance obstruction to the Director or an inspector or assessor performing any duty pursuant to this Act shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees or to imprisonment not exceeding six months or to both such fine and imprisonment.

 

9          Any person who wilfully uses in relation to produce anydocument or brand not authorised for use with that produceshall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand rupees or to imprisonment not exceeding one year or to both such fine and imprisonment.

 

10        Any person who with intent to defraud or to deceivecommits forgery of any brand or uses as genuine in relation to any produce a forged brand which he knows to be forged or does not believe to be genuine shall be guilty of an offence and shall on conviction be liable to imprisonment not exceeding three years.

 

11          Any person who contravenes or makes default incomplying with any provision of sections 3 and 4 shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand rupees or to imprisonment notexceeding one year or to both such fine and imprisonment.

 

12          Any person guilty of an offence under the regulationsshall on conviction be liable to a fine not exceeding fivehundred rupees or to imprisonment not exceeding six months orto both such fine and imprisonment.

 

13          A certificate purporting to be signed by the Directorstating that produce or a sample thereof has been found onexamination or analysis to contain a specified proportion, more or less than a specified proportion of moisture or dirt, or other extraneous matter or of oil or any other constituent or ingredient or to be affected by any disease or organism, fungus, mould or other such thing, shall be deemed to have been so signed and shall be sufficient evidence of the facts stated therein unless the contrary be shown.

 

14        The Government of Seychelles or any inspector, assessor or other person exercising powers or performing duties under this Act shall not be liable for any damage arising or resulting from the exercise of any such powers or the performance of any such duties.

 

15        The Minister may make regulations to carry out theprovisions and objects of this Act and without prejudice to  the generality of the foregoing power, regulations may be made for any or all of the following purposes:?

(a)     to prescribe the designations under which various kinds and grades of produce may be exported;

(b)     to prescribe the maximal proportions of moisture and impurities which may be permitted in various kinds and grades of produce;

(c)     to prescribe the kinds of preservatives and the maximal proportions of preservatives which may be permitted;

(d)     to prescribe the minimal proportions of oils and other constituents or ingredients which are required in different kinds and grades of produce;

(e)     to provide for inspection, grading, branding, re?inspection, re?grading and rebranding;

(f)     to prohibit the export of produce not conforming to the prescribed standards of dryness, purity, and content of preservatives;

(g)     to prohibit the export of produce containing less than the prescribed minimal proportions of oils or other constituents or ingredients;

(h)     to provide for the disposal or destruction of produce unfit for export;

(i)      to prescribe modes of packing, types and sizes of packages and particulars to be marked on packages of different kinds and grades of produce;

(j)      to prescribe the duties of producers, merchants, exporters and other persons in relation to giving notice of intention to export and submitting produce or giving facilities for inspection;

(k)     to prescribe modes of cropping, treating, processing, curing, preserving, storing, transporting and shipping;

(l)      to prescribe modes of sampling, examining, inspecting, analysing, marking, sealing and certifying lots and parcels;

(m)    to prescribe the percentage of any one consignment to be examined;

(n)     to prescribe the circumstances in which different kinds of produce may be passed for export, graded, branded, regraded, rebranded, rejected or withdrawn from shipment;

(o)     to prescribe forms of documents to be used;

(p)     to prescribe fees or charges to be paid and provide for the disposal of moneys received; and

(q)     to provide that any contravention of or default in complying with any provision of the regulations shall be an offence.

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