CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES [ S.L.117.13 1 SUBSIDIARY LEGISLATION 117.13 CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES REGULATIONS 19th July, 1957 GOVERNMENT NOTICE 424 of 1957, as amended by Legal Notices 15 of 1964, 206 of 1996 and 409 of
- The title of these regulations is Control of Tomato Paste and of Sale of Tomatoes for Processing Purposes Regulations. Title. P ART I Definitions
- In these regulations unless the context otherwise requires - Interpretation. ''manufacturer'' means any person, body or association of per s o ns , s o c i e ty, c or po r a ti on , p a r tn e r s hi p or c om pa ny t ha t processes tomatoes mainly for commercial purposes; and ''to manufacture'' shall be construed accordingly; ''pitkal'' means a person who undertakes to sell tomatoes to third persons wholesale on account of the owner or owners; ''producer'' means any person who cultivates or grows tomatoes mainly for disposal thereof on his own account; ' ' p u r c h a s e ' ' m e a n s a n y a c q u i s it i o n u n d e r a n y o n e r o u s o r gratuitous title; and ''to purchase'' shall be construed accordingly; ''sale'' includes any disposal under any onerous or gratuitous title; and ''to sell'' shall be construed accordingly; ''society'' means a co-operative society duly registered under the Co-operative Societies Act. Cap.
- PART II Sale of Tomatoes
- In this Part ''Director'' means the Director of Agriculture. 4.
(1)It shall be unlawful for any producer, pitkal or society to sell to a manufacturer or to have in his possession for sale to a manufacturer, and for any manufacturer to buy, tomatoes which are not generally free from the following defects, namely (
- a)unripe; (
- b)insect infested, mouldy, or diseased; (
- c)crushed or broken; (
- d)grossly sunburnt; (
- e)containing stalks or foreign matter: Definition of Director. Condition of tomatoes for sale. 2 [ S.L.117.13 CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES Provided that it shall be lawful for a producer, pitkal or society to offer for sale tomatoes which are grossly sunburnt to a manufacturer who, at his discretion, may accept to buy them.
(2)It shall be unlawful for any producer to deliver tomatoes to any pitkal, society or manufacturer or for any pitkal or society to deliver tomatoes to any manufacturer unless the tomatoes placed at the top of each container are a fair sample of the entire contents thereof. Inspection. 5. A sanitary inspector of the Department of Health or the Director may cause any quantity of tomatoes intended to be delivered to manufacturers to be examined with a view to securing that the provisions of regulation 4
(1)and
(2)are being complied with. Minimum prices. 6.
(1)The Director may from time to time by order in the Gazette fix minimum prices at which manufacturers may purchase tomatoes and specify the conditions under which such prices are to apply.
(2)All tomatoes shall be weighed before they are delivered to the manufacturers. Such weighing shall be carried out by the pitkal or society through whom they are sold by a producer directly to a manufacturer, by or on behalf of the latter. In determining the price of a quantity of tomatoes sold, it shall be lawful to make a reasonable deduction for the weight of the containers.
(3)It shall be unlawful for any manufacturer to purchase tomatoes otherwise than directly from a producer or through a society or a pitkal. A manufacturer who buys tomatoes directly from a producer shall, on taking delivery thereof, give to the producer a voucher signed by him or on his behalf showing the name of the producer and the number of his farmer’s registration card, the net weight of the tomatoes purchased, the price thereof and the date of delivery; he shall also keep a copy of the voucher.
(4)When an order is made under sub-regulation
(1)it shall be unlawful for any manufacturer to purchase tomatoes unless the provisions of that order are complied with or to impose any conditions in connection with such purchase other than a condition authorised by the order.
(5)The Director may take such steps as he may deem necessary to supervise the purchase of tomatoes by manufacturers and to ensure that any order that may be made fixing the prices or the conditions of the purchase is strictly complied with. Returns.
- Every society shall not later than the Wednesday of each week make a return to the Director showing the weight of tomatoes sold to each manufacturer on each day of the preceding week and the price or other consideration of each quantity so sold. In the case where no such sales are made a ''nil'' return shall be sent. CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES [ S.L.117.13 3 PART III Processing of Tomatoes
- In this Part ''Director'' means the Director of Trade. Definition of Director. Amended by: L.N. 15 of
- 9.
(1)No manufacturer shall process tomatoes or sell the product derived from such processing without a special licence in w r i t i n g t o t h a t e ff e c t b y t h e D i r e c t o r o r o t h e r w i s e t h a n i n accordance with any conditions to which such licence may be subject. Special licence. Any such licence shall not exempt the holder thereof from the obligation of obtaining any licence required under any other law in force.
(2)Licences issued under these regulations shall be personal and non-transferable and, subject to withdrawal or cancellation by the Director, they shall be valid until the 30th June following the date of issue or renewal.
(3)The Director at his discretion may refuse the grant or the renewal of a licence, or, in granting or renewing it, may impose such conditions as he may deem proper.
(4)The Director may from time to time by order given in writing to a manufacturer specify the number, kind and capacity of the containers in which the tomato paste or any other tomato product manufactured by him us to be canned and/or packed.
(5)When such an order is given, it shall be unlawful for any manufacturer to manufacture tomato paste or any other tomato product in containers otherwise than in accordance with the specifications laid down therein. 10.
(1)Manufacturers shall keep records showing - (
- a)the net weight of tomatoes purchased supported by the relative purchase vouchers or other documents; (
- b)the name and address of the producer (including the number of his farmer’s registration card), pitkal or society from whom the tomatoes were purchased; (
- c)the price and/or other consideration of each purchase; (
- d)the weight and total tomato solids content of the tomato paste and the weight of other tomato products derived from the processing of tomatoes; (
- e)the number, kind and capacity of the containers in which the tomato paste or any other tomato product is packed; (
- f)the name and address of each person to whom the tomato paste or any other tomato product is sold and indicating the quantity and the date of each sale and, in the case of tomato paste, the total tomato solids content of each quantity sold. Records to be kept. 4 [ S.L.117.13 CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES
(2)The records and documents referred in sub-regulation
(1)shall be accessible to the Director or to any person authorised by him in writing in that behalf; the Director or other person so authorised shall have the power to take extracts from such records and documents which shall not be destroyed without the previous authority in writing of the Director.
(3)The Director may from time to time specify the form in which the records referred to in sub-regulation
(1)shall be kept. Returns. 11.
(1)The Director may, whenever he deems it necessary, require manufacturers or any one or more of them to make to him, on specified days or within such periods of time as may be specified, returns in forms prescribed by the Director showing any of the particulars required to be kept under regulation 10 and/or such other particulars concerning the manufacturers’ trade or business as he may require.
(2)The Director may also require any person or any one or more classes of persons on specified days or within such periods of time as may be specified to make returns in forms prescribed by the Director showing the stock of locally manufactured tomato paste or of any other tomato product held by them on such day or days as may be specified. Condition of tomato for use in the making of tomato paste. Amended by: L.N. 206 of 1996. 12.
(1)It shall be unlawful for any manufacturer to use, in the making of tomato paste or other tomato product, tomatoes which are unripe, insect infested, mouldy or diseased, crushed or broken, or which contain stalks or foreign matter.
(2)It shall be unlawful for any manufacturer to make, and for any manufacturer, wholesaler or retailer to sell or to have in his possession for sale any tomato paste whether in a container or loose, that contains anything other than strained tomato solids (the minimum content by weight of which shall be twenty-eight per cent of the paste), moisture, sugar and salt. Whenever tomato paste is on the business premises of a manufacturer, wholesaler or retailer it shall be deemed to be for sale unless the manufacturer, wholesaler or retailer, as the case may be, proves otherwise.
(3)Where, however, following an examination of the tomato paste of any manufacturer, the Director is of opinion that, though the provisions of sub-regulation
(2)have been complied with, that particular paste is unsatisfactory at to its consistency or colour or palatability, he may issue an order to that manufacturer varying the percentage by weight of tomato solids in the tomato paste being made by him or requiring any other change in the process of manufacture. Such an order may be withdrawn or cancelled by the Director whenever he deems proper.
(4)A sanitary inspector of the Department of Health or the Director or any other person authorised by him in writing in that behalf shall have power at any reasonable time to enter and inspect any factory, store or shop in which tomato paste or any other tomato product is being produced, stored or sold, to inspect the CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES [ S.L.117.13 5 tomatoes, tomato paste, tomato products or any material used in the manufacture or packing of tomato products and, if he deems necessary, to take samples thereof for the purpose of examination or analysis. In the case of samples taken from manufacturers, they shall be taken free of charge; in other cases the current market value shall be paid; in every case a receipt shall be given to the person from whom the sample is taken.
(5)Where a sample of tomato paste or other tomato product is taken under sub-regulation
(4), such sample shall be divided into two parts by the person taking the same, and each such part shall be sealed by him in the presence of the person from whom the sample is taken, and shall thereupon be signed by both of them; one part shall be retained by the person taking the sample and the other by the person from whom it is taken: Provided that if the person from whom the sample is taken refuses or is unable to sign, the signature of the person taking the sample shall be sufficient. 13. The authorisation referred to in regulations 10
(2)and 12
(4)may be general or it may refer to one or more particular occasions. Authorisation. 14.
(1)Unless otherwise authorised by the Director, the manufacturer shall cause all containers of tomato paste manufactured by him to bear the name of the manufacturer, the name of the month and the year of manufacture and the net weight legibly and indelibly marked upon them. Containers to bear name of manufacturer, etc.
(2)All containers of tomato paste of the same manufacturer bearing the name of the same month and year or other mark corresponding thereto authorised by the Director shall, in the absence of proof to the contrary, be deemed to contain tomato paste of the same consistency, colour and palatability. P ART IV Penalties
- Any person who contravenes or fails to comply with any of these Regulations or with any order or direction made or given thereunder or who hinders or obstructs a sanitary inspector of the Department of Health or the Director of Agriculture or the Director of Trade or any person lawfully authorised hereunder by the Director of Agriculture or the Director of Trade from doing anything that may lawfully be done thereunder shall be guilty of an offence under these Regulations and shall, without prejudice to any other provisions of these Regulations, be liable to a fine (multa) of not less than twenty-three euros and twenty-nine cents (23.29) but not exceeding one hundred and sixteen euros and forty-seven cents (116.47). Offences and penalties. Amended by: L.N. 15 of 1964; L.N. 409 of
- 16.
(1)Where the offence is against the provisions of regulations 9
(1)or 12
(2), or any order is made in terms of regulation 12
(3), the fine (multa) shall be of not less than forty-six euros and fifty-nine cents (46.59) but not exceeding two hundred Offences against particular regulations. Amended by: L.N. 409 of 2007. 6 [ S.L.117.13 CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES and thirty-two euros and ninety-four cents (232.94); and where the o ff e n c e i s a g a i n s t t h e p r o v i s i o n s o f r e g u l a t i o n 4 , t h e f i n e (ammenda) shall be of not less than four euros and sixty-six cents (4.66) but not exceeding eleven euros and sixty-five cents (11.65).
(2)Where on any prosecution under these Regulations, the Court is satisfied that a manufacturer has made or sold or has in his possession for sale tomato paste which does not conform to the provisions of regulation 12
(2), or that the manufacturer has not conformed with any order issued to him in terms of regulation 12
(3), subject to what is hereinafter provided, the Court shall order the forfeiture of all the tomato paste of that manufacturer deemed in terms of regulation 14
(2)to be of the same consistency as that which has been subjected to examination or analysis in terms of these Regulations and which has been actually found by the Court to offend against regulation 12
(2)or of any order issued in terms of regulation 12
(3): Provided that before giving any such order the Court shall by summons order the manufacturer, if he has not been party to the proceedings, to appear before it, and shall give him a reasonable opportunity to show within not more than eight days why such order of forfeiture as aforesaid should not be made.
(3)Where an order of forfeiture as aforesaid has been made such order shall be published in the Gazette, and the Police shall be empowered to withdraw all the tomato paste so forfeited from the market, provided that any wholesaler or retailer to whom it may have been sold by the manufacturer or on his behalf shall, in the absence of collusion, have a right to be indemnified by the manufacturer in respect of any quantity of tomato paste withdrawn from them in virtue of this regulation.
(4)It shall be an offence under these regulation for any wholesaler or retailer after the publication of such order in the Gazette to dispose knowingly of any tomato paste forfeited as aforesaid.
(5)On a second or subsequent conviction against the provisions of regulation 12
(2)or against any order issued in terms of regulation 12
(3), the Court may, in addition to the penalties above contemplated, sentence the offender to imprisonment for a period of not more than three months. Inspection by sanitary inspector. Amended by: L.N. 15 of 1964. 17.
(1)Where a sanitary inspector of the Department of Health or the Director of Trade or any other person authorised by him in writing on that behalf, following an inspection in terms of regulation 12
(4), finds on the premises of the manufacturer tomatoes which are generally insect infested, mouldy or diseased, he shall report the matter to the senior health officer or a medical officer of health, who will immediately proceed to the premises, and after hearing on the spot any representations by both the sanitary inspector or the Director of Trade or any other person authorised by him as aforesaid and the manufacturer, shall order the tomatoes to be forfeited if he considers that the tomatoes are generally insect infested, mouldy or diseased. CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES [ S.L.117.13 7
(2)On giving such an order the senior health officer or medical officer of health shall be empowered to take all such steps as may be necessary to ensure that the order is complied with forthwith, and the manufacturer shall have no right of compensation against any public officer in connection with any such order, saving any right of regress competent to him, if any, against the person from whom the tomatoes were purchased, according to law.
- Offences under these regulations are to be deemed contraventions and the provisions of the Criminal Code relating to criminal proceedings shall, subject as hereinafter stated, apply in respect of proceedings for offences under these regulations: Offences to be deemed contraventions. Cap.
- Provided that proceedings in respect of an offence under these regulations may be commenced at any time within one year of the commission of the offence. 19.
(1)The Court by which a manufacturer is found guilty of an offence under these regulations consisting in purchasing tomatoes at a price lower than the minimum price fixed by an order made under regulation 6
(1)or in not fulfilling any condition specified by such an order, shall order the offender to pay to the person from or through whom the tomatoes were purchased the difference between the price fixed by the order and that agreed upon, together with any amount which may be deemed reasonable by the Court to compensate the producer for the non-fulfilment on the part of a manufacturer of any condition specified in the order and to make the payment of the sum so assessed within such time not exceeding one month as the Court shall prescribe, on pain of a penalty of not less than two euros and thirty-three cents (2.33) each day of default in case of non-compliance with such order within the time fixed, and saving the right of the producer, pitkal or society to whom the amount is due to recover it by civil process before the competent Civil Court, for which purpose the order for the payment made by the Court of Magistrates shall constitute an executive title and may be enforced by the creditor after two days following the service on the debtor of a demand for payment made by a judicial act. Manufacturers found guilty of offences. Amended by: L.N. 409 of 2007.
(2)The amount which a manufacturer may be ordered by the Court to pay under sub-regulation
(1)shall be irrespective of the price actually agreed upon, which price may be recovered according to the law. 20. Nevertheless, if a person charged with an offence against these regulations alleges, on the day appointed for the trial of the case and before the hearing commences, that another person, whom he names, has committed the offence in question without his knowledge, consent or connivance, such other person shall be summoned to appear before the Court, and if, after the commission of the offence has been proved, the first defendant proves to the satisfaction of the Court that the said other person had committed the offence without his knowledge, consent or connivance, the said other person shall be convicted of the offence and the first defendant shall be exempt from any punishment; but the Court shall order the tomato paste to which the offence relates to be forfeited Person charged with an offence. 8 [ S.L.117.13 CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES where such tomato paste is so liable according to these Regulations. Prosecution of wholesaler or retailer. 21.
(1)Where the wholesaler or retailer of any tomato paste is prosecuted under regulation 12
(2), he shall be exempt from any liability if he proves to the satisfaction of the Court that he had acquired the tomato paste in question in the belief that it conformed with the provisions of regulation 12
(2), and that he had no reason to believe at the time he sold it that it was otherwise; and that he sold the tomato paste in the same state as when he acquired it. In the absence of collusion between the manufacturer and the wholesaler or retailer, it shall be deemed that the manufacturer had provided an implied warranty to the wholesaler or retailer that the tomato paste he had manufactured and sold to him conformed with the provisions of regulation 12
(2).
(2)Where the defendant in a prosecution under these Regulations has been discharged under the foregoing provisions of this regulation, proceedings may be taken by the Police against the person from whom the defendant in the prosecution had bought the tomato paste. P ART V General Offence committed by association of persons. 22. When an offence under these regulations has been committed by an association of persons, every person who, at the time of the commission of the offence, was a director or officer of the association shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.