Agricultural Marketing Act

7/30/2019 Agricultural Marketing Act

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A G R IC U LTU R A L M A R K E T l N G 1

THE AGRICULTURAL MARKETING ACT

ARRANGEMENT OF SECTIONS1. Short title.2. Interpretation.3. Power to specify articles of agricultural produce.4. Power to make regulations for registration of producers of5. Power to declare association an approved association.6. Association may submit a marketing plan for specified articles.7. Plan to be advertised.8. Plan to be referred to a Committee. of Enquiry.9. Committee of Enquiry to have power of Commission of Enquiry.

specified articles.

10. Committee of Enquiry to report to Minister.11. Powers of Minister in relation to reprt.12. Procedure after taking a poll.13. Procedure on laying of plan before Parliament.14. Effect of adoption of plan.15. Saving for existing contracts.16. Order of inister to amend, evoke or give di nai ons concerning17. [Repealed by Act 1 of 1991.1Plan.

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AGRICULTURAL MARKETING 3

THE A G R I C U LT U R A L M A R K E T IN G A C T aP. 6.A&3 f 1978.1of 199tV6rh November, 1944.11. This Act may be cited as the Agricultural Marketing shorttitle.Act.2. In his Act- Interprets-agricultural produce includes the produce of any plant tion.or animal in its natural state;

approved association means any association declared bythe Minister in accordance with the provisions ofsection 5 to be an approved association;association means any statutory corporation or companyincorporated under any enactment for the time being inforce in Jamaica, r any industrial and provident societyregistered under any such enactment;Committee of Enquiry means any Committee of Enquiry

appointed by the Minister in accordance with theprovisions of section 8;Committee of Investigation means any Committee ofInvestigation constituted by the Minister in accord-ance with the provisions of section 16;governing body means the Board of Directors, ExecutiveCommittee, Committee of Management, or other bodyby whatever name called having power to conduct the

&airs of any association;plan means any marketing plan submitted by a n yapproved association;IThe inclusion of this page s authorized by L.N. 0/1993]


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4 AGRICULTURAL M A R K E T I N G

Power t ospecifyarticles ofap r i cu l h l r a lproduce.

Pnwrr LL Imakr: regu-lations forrcistralionofprodu-ctrs ofspecificdarticles.

producer means the grower, breeder or rearer of anyarticle of agricultural produce or any person who hasthe right to dispose of such article, such right havingbeen acquired otherwise than by purchase of thearticle;registered producer means any producer registeredunder this Act;specified article means any article declared by theMinister in accordance with the provisions of section3 to be a specified article.3.41) Subject to the provisions of subsection (2), theMinister may declare any article of agricultural produce tobe a specified article for the purposes of this Act.

(2) No article of agricultural produce shall bedeclared to be a specified article under subsection (1) atany time when the marketing thereof is under the controlof or is vested in any statutory authority appointed orelected under any enactment, in forceon the 16th November,1944 in relation to the marketing of such article.4.-(1) The Minister may make regulations for theregistration of the producers of any specified article or of

any class of such producers and for all matters incidentalthereto.(2) Regulations made under subsection (1) may, with-out prejudice to the generality of such power, make provi-sion with regard to-

(U ) the form in which and the person or authority bywhom the register is to be kept;(6) the form in which and the time within which

application is to be made for registration;(c) the information to be supplied by any applicantfor registration as to-[The inclusion of this page is authorized by L.N.W / 9431


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AGRICULTURAL MARKETING 5(i) the quantity of the specified article producedby him during any prescribed period; and(ii) the price for which he sold such specifiedarticle during any prescribed period; and(iii) the channels through which he sold such

specified article during any prescribedperiod; and(iv) any other matter which the Minister maythink necessary;

(d) the date on which the register shall first come intoforce;(e) the amendment of the register by the deletiontherefrom of the names of persons who have ceased

to be producers or by the addition of the namesof persons who desire to be registered as producers,and the rectification of the particulars in theregister relating to any registered producer or toany of the matters referred to in paragraph ( E ) ;

(f, the making by any registered producer of suchreturns in relation to any of the matters referredto in paragraph (c ) at such time and in such formand to such authority as may be prescribed.

(3) Every person who is required by any regulationsmade under this section to be registered as a producer ofany specified article and who, without being so registered,sells or offers for sale any quantity of such article afterthe date upon which the register comes into force, shallbe guilty of an offence against this subsection and, uponsummary conviction thereof before a Resident Magistrate,shall be liable to a fine not exceeding two hundred dollarsor to be imprisoned for any term not exceeding twelvemonths or to both such fine and imprisonment.

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6 A G R IC U LTU R A L M A R K E TIN G(4) Every person who wilfully makes any statementwhich he knows to be false or does not believe to be t r u e -

(a) in any application for registration under anyregulations made in pursuance of the powersconferred by this section; or(6 ) in any return which he is required to make undersuch regulations,

shall be guilty of an offence against this subsection and,upon summary conviction thereof before a ResidentMagistrate, shall be liable to a fine not exceeding onehundred dollars or to be imprisoned for any term notexceeding six months or to both such 6ne and imprison-ment.Power t o 5.-(1) Subject to the provisions of subsection (21, theMinister may on the application of any association declaresuch association to be an approved association in relationto any specified article or class of specified articles ofagricultural produce.

(2) No association shall be declared to be an approvedassociation unless the Minister is satisfied-(a) hat it has as one of its principal objects thefurtherance of the interests of the producers of

agricultural produce in general or of the specifiedarticle or class of specified articles of agriculturalproduce in relation to which the application ismade; an d(6 ) that a substantial proportion of its members areproducers or are engaged in the production ofagricultural produce in general or of such specifiedarticle or class of specified articles of agriculturalproduce; and(c ) that its constitution is such as to ensure that all ofits members have a right to participate directly or

dedarean approvedassociation.

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AG RI CU L T U RAL MARKET l N Gindirectly in the election or appointment of thegoverning body of the association; an d

(6) that its constitution is such as to ensure that theterm of office of any member of its governing bodydoes not exceed three years; so , however, that anymember of the governing body may be eligibleupon the expiration of any term of office to bere-elected for a further term of office.6.--(1) Subject to the provisions of subsection (21, any ~ ~ ~approved association may submit to the Minister a plan amrketingfor the marketing of any specified article of agricultural zEikdmay submitproduce. art ida.

(2) Every marketing plan shall make provision for First(3) Every marketing plan may, in addition tocontaining provision for the matters set out in the FirstSchedule, contain also provision for any of the matters set Ssmndout in the Second Schedule.

the matters set out in the First Schedule. Schedule.

Schedule.

7 . 4 1 ) Where any marketing plan is submitted to the p ian tobeMinister under subsection (1)of section 6, the Minister shallcause the plan to be advertised in at least six issues of anewspaper at intervals of no t less than one week.(2) Where any plan is advertised in accordance withthe provisions of subsection (l), here shall be inserted inthe same issue of the newspaper in which the advertise-ment appears a notice that any person who objects to theadoption of the plan may give notice in writing of hisobjection an d of the grounds upon which h e relies in supp ortthereof to such authority as may be specified in the noticeo n or before such day as may be so specified.

(3) Every notice of objection to any plan shall be insuch form as the M inister may prescribe.me inclusion of this page is authorized by LN. 80/19731

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8Plan lo bereferred t oaCommit-tee ofEnquiry.

Committeeof Euquiryto havepower ofCornmis-sion ofEnquiry.

Cammillccof nquirytoreporrI 0Minisrer.

A G R I C U L T U R A L M A R K E T I N G8 . 4 1 ) So soon after the day referred to in subsection(2) of section 7 as may be convenient, the Minister shallappoint a Committee of Enquiry consisting of a Chairmanand not less than two nor more than four other membersto consider an d to enquire into the plan a nd any objectionsthereto an d to report t o the M inister.

(2) Every Committee of Enquiry appointed underthis section shall include among its members at least oneproducer of the specified article to which the plan relatesan d a t least one person who is experienced in th e marketingof such article.9.-(1) Every Committee of Enquiry shall for allpurposes be deemed to be, an d shall have all the powers of,a Comm ission of E nqu iry appointed under the Comm issions

of Enquiry Act.12) Every Committee of Enquiry shall afford to theapproved association by which the plan was submitted andevery objector to the plan an opportunity of being heardand of tendering evidence in support of the plan or of hisobjection, as the case may be.lO. - ( i ) So soon as may be after any Committee ofEnquiry has concluded its enquiry into any plan, it shall

report to the Minister.(2) Every report under subsection (1) shall statewhether the Committee of Enquiry considers that theadoption of the plan-(a ) would be in the interest of the producers of thespecified article; and( b ) would be likely to prejudice the interests of anyclass of producers of the specified article; an d(c ) would be likely to prejudice to an appreciableextent the interests of the consumers or any classof consumers of the specified article.- IThe inclusion of this gage is authorized by L.N. 80/1973]


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A G R I C U L T U R A L M A R K E T IN G(3) Every report under subsection (1) may alsocontain any recommendations by the Com mittee of E nqu iryas to any respects in which the plan might with advantagebe amended, together w ith the reasons in support of suchrecommendations.

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11.-(1) Subject to the provisions of subsection (2), upon Powers ofreceipt of any report under subsection (1) of section 10 relationtothe Minister sha ll consider such repo rt a nd shall either-hiinistcr n

(a ) approve the plan; or( b ) approve the plan subject to such modifications ashe may think fit, whether recommended by theCommittee of Enquiry o r not; or(c) reject the plan.

(2) Where the Minister approves any plan undersubsection (11, the Minister shall cause a poll to be takenof all the registered producers of the specified article witha view to ascertaining whether such producers are or arenot in favour of the adoption of the plan.(3) Any poll under this section shall be taken bysuch persons and in such manner as the Minister maydirect.(4)Where the Minister approves of any plansubject to any modifications whether recornmended by theCommittee of Enquiry or not, the plan together with suchmodifications shall be referred to the approved associationwhich may either accep t or reject the modifications.(5) Where the approved association accepts anyplan subject to the modifications approved by the Minister,the Minister shall cause the plan as modified t o be advertised

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10 A G R IC U LTU R A L M ARKET IN Gshall apply as they apply to a plan which is approved bythe M inister without modification.

( 6 ) Wh ere the approved association does no t acceptany modification referred to it under subsection (4), th eplan shall for al purposes be deemed to be rejected.Procedurea poll.

12.-(1) Where upon a poll being taken in accordancewith any directions under subsection (3) of section 11, theMinister is satisfied that-(a) not less than two-thirds in number of theregistered producers of the specified article orclass of article voting o n the poll; and( b ) registered producers who are capable of producingnot less than two-thirds of the quantity of thespecified article or class of article which all th eregistered producers voting o n the poll are capableof producing

are in favour of the adoption of the plan, the Ministershall cause the plan to be laid before the Senate and Houseof Representatives.(2) Where upon a poll being taken in accordancewith any directions under subsection (3) of section 11, the

Minister is not satisfied that-(a) not less than two-thirds in number of theregistered producers of the specified article orclass of article voting o n the poll; o r(b ) registered produc ers who are capable of producingnot less than two-thirds of the quantity of thespecified article or class of article which all theregistered producers voting on the poll are capableof producing

are in favour of the adoption of the plan, the plan shall bedeemed t o be rejected.

after taking

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A G R I C U L T U R A L M A R K E T I NG 1113.41) Where any marketing plan is laid before the Procedureon ayingSenate and the House of Representatives in accordance o f ~ mbeforewith the provisions of subsection (1) of section 12, it shall Parliament.be accompanied by the report of the Committee of Enquiryappointed under section 8 and any objections to the planand all docum ents relating thereto.

(2) The Senate and the House of Representativesmay by resolution of either Chamber, if confirmed byresolution of the other Chamber, adopt any marketing planlaid before them in accordance with the provisions ofsubsection ( I ) of section 12 with effect from a dat e specifiedin such resolutions..1441) Where the Senate and th e House of Represen- EffEioftatives adopt any marketing plan in accordance with the ofplan.

provisions of subsection (2) of section 13, the provisions ofthe plan shall be deemed to form part of this Act witheffect from the da te specified in the resolution of the Senateand of the House of Representatives.(2) Where any plan is deemed in accordance withthe provisions of subsection (1) to form part of this Act,subject to the provisions of section 15 no producer shallsell, and no person shall purchase, any quantity of thespecified artic le to which the plan relates except-

adoption

(U ) in accordance with the provisions of the plan; or(b) in circumstances which are exempted from theoperation of the plan by some provision thereof.

(3) Every person who contravenes or fails to complywith the provisions of this section shall, on summaryconviction before a Resident Magistrate, be liable to a finenot exceeding two hundred dollars or to be imprisoned forany term not exceeding twelve months, or on convictionbefore a Circuit Court to a fine not exceeding twothousand dollars or to be imprisoned for any term notexceeding two years, o r to both such fine and imprisonment.[The inclusion of this page i s authorized by L.N. 480i19731


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12 A G R I C U L T U R A L M A R K E T I N GSaving f o r lS.-(l) Subject to the provisions of subsection (21, acontract of which neither the making nor the performancewas, at the time when the contract was made, prohibitedby or under any plan in force under this Act, shall not,unless the terms of the contract otherwise provide, be voidor unenforceable by reason that, at the time for the

performance of any provision of the contract, theperformance thereof is so prohibited.(2) (a) Where the performance of any suchcontract made during the relevant period is prohibited byor under any such plan, the provisions of subsection ( I )shall cease to apply to that contract upon the expiration ofthree months after the prohibition first takes effect unlessthe co ntract is registered under this section.

(b ) In this subsection the expression therelevant period in relation to a plan, means a periodbeginning twelve months before the first publication of anadvertisement in relation to the plan in accordance withthe provisions of section 7 and ending on the day that theplan is approved by the Minister in accordance with theprovisions of section 11.(3) The association shall, on the application of anyparty to a contract, register the contract within fourteendays of the application unless the association is of opinion

tha t the contract was made with a view to evading the plan.(4) Where any party to a contract is aggrieved bythe failure or refusal of the association to register thecontract, he may within twenty-one days of the expiration

of the period referred to in subsection (3), appeal to theCourt, and pending the determination of any such appeal,subsection (1) shall continue to apply to the contract,notwithstanding anything to the contrary in subsection (2).( 5 ) On any appea l under this section, the associationconcerned and any party to the contract may appear andbe heard, and if, on the hearing of any such appeal, the

exist ing

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14 A G R IC U LTU R A L M A R K E T I N G(2) Where the association fails to coinplv with anyorder made under paragraph (b) of subsection (1) withinthe time specified in such order, th e Minister may forthwithmake any amendment to th e plan which may be necessary

to ensure compliance wth the order or may revoke th e plan.17. [Repealed by Act I of 1992.1

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AGRICULTURAL MARKETIA'G 1sFIRST SCHEDULE (Section 6 )

(0) for making the plan applicable to all of the articles of agricul-tural produce or any kind. variety or grade thereof specified inthe plan which may be produced by every registered producer:

( b ) for keeping of the register of producers;(c) fo r specifying the classes or description of producers whichshall be exempted from registration and the procedure forsecuring such exemption;( d ) for specirying the circumstances in which the sale or purchaseof the specified articIe shall be exempt from the provisions ofthe plan;(e) fo r requiring registered producers to furnish to the associationsuch estimates, returns. accounts and other information relat-in g to the specified article of agricultural produce as the asso-ciation m a y consider necessary for the operation of the plan;U) for securing that any producer who is aggrieved by any actor omission of the association may refer the matter to one ormore arbitrators appointed in such manner as may be provided

by the plan and for the manner in which an y such referenceis to be heard and determined;0.) for regulating the manner in which the moneys of the associa-tion may be invested;( h ) for the furnishing by the association to registered producers

of returns and other information, including an annual balancesheet and either an annual profit and loss account or, in thecase of a n association which does not trade for profit, anannual income and expenditure account;( i ) for the furnishing by the association to the Minister withinsix m w t b s after the expiration of each year of operationwhich year of operation shall be defined in the plan, of a reportfor the year upon the administration of the affairs of the asso-ciation together with a balance sheet and statement of therevenue and expenditure of the association duly audited byan auditor approved by the Minister:(i) for enabling the association to submit an amendment of tbeplan and for prescribing the procedure to be followed in order

to give effect to such amendm ent;( k ) for the revocation of the plan by the submission of a sub-sequent plan.

Every marketing plan shall provide for the following matters-

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16 A G R IC U LTU R A L M A R K E T I N GSECOND SCHEDULE ( m m 6)

Every marketing plan may provide for all or any of the followingmatters-

(a) for empowering the association to buy the specified article, toproduce such commodities from that product as may bespeci6ed in the plan, and to sell, grade, pack, store, adaptfor sale, insure, advertise and transport the specified articleand a ny commodity so produced by the association;

( 6 ) for requiring registered producers to sell the specified articleor any kind, variety or grade thereof, or such quantity thereofor of any kind, variety or grade thereof as may from time totime be determined by the association, only to, or throughthe agency of, the association;

(c) for empowering the association to buy, and sell or let for hireto registered producers, anything required for the production,adaptation for sale, or sale of the s p i 6 e d article;

(d) for empowering the association to co-operate with any otherperson in doing anything which the association is or might beempowered to do by virtue of paragraph (a ) or paragraph (c):

( e ) for empowering the association to regulate. sales of the speci-6ed article by an y registered producer by determining forsuch period as may be fixed by the association on the occa-sion of each determination-

(i) the kind, variety or grade of the product which may besold:(ii) the price at, below or above which. the terms on which,and the persons to, or through the agency of, whom,

the product or any kind, variety, grade or quantitythereof may be sold;

(f) for regulating the manner in which the spefisad article or anykind, variety or quantity thereof is to be. graded by 01 onbehalf of registered producers or the manner in which thespecified article or any kind, variety, grade or quantity thereofis to be marked, packed, stored, adapted for sale, insured.advertised or transported by or on behalf of registeredproducers;

(g) for empowering any person authorized in writing by the asso-ciation, fo r the purpose of securing compliance with the plan,to enter and inspect, at any reasonable time and on produc--~ p h e inclusion d this F g e is authorizcd by L.N.0!'1!?43]


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AGRICULTURAL MARKETINGtion of his authority. any pan of the land or premises occn-pied by any registered producer (being a producer spzcitiedin the authority) which the person so authorized has reasonto believe is used for producing the specified article or fordoing any of the following things which is regulated by theplan, that is to say, grading, marking, packing or storing thespeci6ed article or adapting it for sale;

(h ) for enabling the association to encourage agricultural co-operation, research and education;

(13 for empowering the association to borrow money fo r thepurpose of exercising its functions under the plan;

cj) for empowering the association to accept grants of moneyfrom any source, and regulating the manner in which and theobjezts upon which such grants may be expended;

( k ) for empowering the association to lend to any registered pro-ducer a portion of the amount, which the association estimatesthat he will receive from the sale of any quantity of the speci-fied article produced or in course of production by him:

(0 for guaranteeing the payment of any sums secured by anagricultural charge created by a registered producer;

(m) or all such matters as are incidental to or consequential on theprovisions of this Act relating to the contents of plans or areneccesaary for giving effect to those provisions.

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Documents

Agricultural Marketing Act