Legal Document

Title: The Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act
Type: Act
Issuing Agency: Ministry of Justice
Responsible Agency: Jamaica Agricultural Commodities Regulatory Authority (JACRA)
Issuing Date: 14-03-2017

THE JAMAICA AGRICULTURAL  COMMODITIES REGULATIONS AUTHORITY 

14 March 2017

 

AN ACT to Establish  a body to be known  as the Jamaica Agricultural  Commodities  Regulatory Authority for the development, regulation, promotion and standardization of the agricultural commodities industry; and for connected matters.

BE  IT ENACTED  by The Queen's Most Excellent Majesty, by and with the advice and consent of the, Senate  and  House   of Representatives of Jamaica,  and by the authority of the same, as follows:-

 

PART I-Preliminary

 

 1.  This Act may be cited as the Jamaica Agricultural Commodities  Regulatory Authority Act, 2017, and shall come into operation on a day to be appointed by the Minister by notice published in the Gazette

 

 

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

Appeal Tribunal" means the RegulatedAgricultural CommoditiesAppeal Tribunal established by section 35;

 

"appointed day" means the day appointed by the Minister under section  1  for the commencement of this Act.

 

"Authority" means the  Jamaica Agricultural  Commodities Regulatory Authority established by section 3;

 

"Board" means the Board of Directors of the Authority established  by section 6;

"buy" includes exchange or barter (whether for goods or services) and any agreement to purchase, exchange or barter;

"cocoa" means the fruit of the Theobroma Cacao and its allied species, whether-

(a)    in the pod or in the form of pulp or separated;

(b)   wet or dry;

(c)    fermented or unfermented;

(d)   ripe or unripe; or

(e)    cured or uncured

"chairman" means the chairman of the Board of the Authority; "cocoa products" means any product made wholly or in part from·cocoa;

"coconuts" means mature coconuts (that is to say, the type known as dry coconuts) and water coconuts  (that is to say, the type known as jelly coconuts);

"coconut products" includes

 (a)    copra;

(b)   coconut oil; and

(c)    any product made wholly or in part from any part of the coconut, including edible oils;

"coffee" means the plant botanically known as coffea species, the fruit (whether on the plant or detached therefrom) and coffee beans, whether-

(a)   whole or broken;

(b)   in the cherry or pulp or separated from the pulp;

(c)   cured or uncured;

(d)   ripe or unripe;

(e)   in the form of parchment, double husk, or clean;

(f)    dried or undried;

(g)    washed or unwashed;

(h)    fermented or unfermented; or

(i)      roasted or unroasted;

"coffee blend" means the mixing of different types of coffee so that one brand of coffee constitutes at least thirty percent of the blend or as otherwise specified in the regulations;

"coffee product" includes-

(a)   any coffee blend or coffee products, whether from Jamaica or from any other country or combination of countries; and     '

(b)   any product made wholly or in part from coffee

 "commercial significance" in relation to a regulated agricultural commodity-

(a)   in sections 15(3) and 16(2), has the meaning specified in Part B of the Fifth Schedule; and    

 (b)   in section 16( 1 )(b), has the meaning specified in Part A of Fifth Schedule

"condition" in relation to an authorization, includes a limitation or restriction;

"dealer" means a person who is licensed under this Act to carry on the business of buying or selling a regulated agricultural commodity;

"Director-General" means the Director-General appointed under section9;

"document" means in addition to a document in writing, anything or manner in which information of any description is recorded or stored;

"functions" includes duties and powers;

"inspector'' means any person so appointed by the Authority under section26;

"licence" means a licence, import permit, export permit or other authorization granted under section 17(3)(a);

"licensee" means a person to whom a licence is granted under this Act;

"nursery" means anyplace utilized for the cultivation of the seedlings or plant of  a regulated agricultural commodity in commercial quantities;

"premises" includes vehicles, aircrafts and ships that are being used to transport regulated agricultural commodities;

"regulated agricultural commodity" means any agricultural commodity specified in the First Schedule;

"regulations" means any regulations made under this Act;

"sell" includes exchange or barter whether for goods or services and any agreement or contract to sell, exchange or barter;

"special coffee dealer" means a person who is licensed under this Act to trade in roasted coffee utilizing his own label;

"substitute" means-

(a)   in relation to coconut-

(i)     edible oil or edible fat, except oil or fat from animals;

(ii)    any oil or fat producing item set out in the Second Schedule; or

(iii)   soap made wholly or in part from oil or fat, except liquid or powdered detergent, whether produced locally or imported into the Island;

(b)    in relation to any other regulated agricultural commodity, a product that is-

(i)     put on the market; and

(ii)    used in place of or as an alternative to a regulated agricultural commodity.

 

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PART II-The Jamaica Agricultural Commodities Regulatory Authority

Establishment and Functions

3.-(1)  For the purposes of this Act, there is established a body to be known as the Jamaica Agricultural Commodities Regulatory Authority which  shall be a body corporate to which section 28 of the Interpretation  Act applies 

(2) The provisions of Part I of the Third Schedule have effect  as to the financial provisions of the Authority and otherwise in relation  to the Authority

4.-(1) The functions of the Authority are to--

(a)    promote interest, growth and efficiency in the development of the regulated agricultural commodities industry in Jamaica.

(b)   provide technical advice to the Minister and to persons engaged in the regulated agricultural commodities industry;
(c)   establish, prescribe  and enforce standards of quality, handling, grading, export and import for regulated agricultural commodities;

(d)   specify the varieties of regulated agricultural commodities which may be cultivated or manufactured in Jamaica for export or for local trade or which may be imported into Jamaica;

(e)   initiate consultations and other services within the regulated agricultural commodities industry in Jamaica;

(f)      subject to subsection (2), grant licences and certificates of registration;

(g)    subject to  subsection (2),  allocate  quotas of regulated agricultural commodities that may be exported or imported during  any period  by licensed  exporters or authorized importers under this Act;

(h)    intervene in disputes pertaining to the regulated agricultural commodities industry and initiate and engage in arbitration, mediation or other forms of alternative dispute resolution to resolve such disputes; and

(i)      perform such other functions pertaining to the regulated agricultural commodities industry as may be assigned to it, from time to time, by the Minister under this Act or by or under any other enactment.

(2) The Minister may, on the advice of the Authority, approve the grant of import permits or other authorizations, as the case may be, for the importation of any regulated agricultural commodity and substitutes into Jamaica.

(3) In performing the functions specified in subsections ( 1) and (2), the Authority may-

(a)    establish procedures  and develop, implement and monitor plans and programmes relating to the regulated agricultural commodities industry;

(b)    formulate standards and prescribe  codes of practice to be observed for the improvement of the regulated agricultural commodities industry generally;

(c)    charge fees for services  provided by or on behalf of the Authority;

(d)   undertake,  foster and coordinate,  where possible,  studies and scientific research in respect of regulated agricultural commodities and apply the results of such research in the development of the regulated agricultural commodities industry in Jamaica;

(e)     consult with other agencies of Government that have functions in relation to regulated agricultural commodities;

(f)    make regulations in accordance with section 37; and

(g)     do all such things as the Authority considers necessary or expedient for the purpose of carrying out its functions

5.—   ( 1) The Authority may delegate, in writing, any of its functions under this Act, other than the power to make regulations and the power ofdelegation, to the Director-General or to any other member, officer, employee or agent ofthe Authority

         (2) A delegation ofany function under subsection ( 1) is revocable by the Authority and the delegation shall not preclude the performance ofthat function by the Authority.

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Board of Directors 

6.-( 1)  For the purposes ofthis Act, there is established a Board of Directors  of the   Authority.

 (2) The provisions of Part II of the Third Schedule shall have effect in relation to the constitution and procedures of the Board.

7. (1)  Subject to the provisions of this Act, the Board shall be  responsible for the policy strategic direction and governance of the Authority.
    (2) In the performance ofits functions, the Board shall-
 (a)    monitor the administrative operations ofthe Authority;
(b)   advise the Minister on matters ofgeneral policy relating to the management, development and encouragement ofan efficient, regulated agricultural commodities industry;

(c)   ensure that the Authority receives and manages funds in a prudentmanner;and

(d)   do all such things as the Board reasonably considers necessary or expedient for the purpose ofcarrying out its functions.

8. The Minister may, after consultation with the chairman of the Board, give to the Board directions in writing of a general character as to the policy to be followed by the Board in the performance of its functions, as appear to the Minister to be necessary in the public interest; and the Board shall give effect to the directions.

 

Director-General

9.- (1)  Subject to subsections (2) and (3), the Board shall appoint a Director-General ofthe Authority, at such remuneration and on such terms and conditions as the Board deems appropriate.

2) The Director-General shall be an individual who-

(a)    possesses the knowledge, skills and experience which are necessary for the intended functions to be carried out by that individual:

(b)   is able to exercise competence, diligence and soundjudgment in fulfilling his functions;

(c)   appears to the Board to be a person ofintegrity; and

(d)   has not been convicted of any offence involving fraud, dishonesty or moral turpitude.

(3) Subsections (2), (3) and (4) of section 11 apply, mutatis mutandis, to the office of Director-General.

10. The Director-General shall be responsible for the day-to-day administration and management ofthe Authority which shall include-

(a)    the planning, organizing, controlling, directing, supervising and coordinating of the activities of the Authority, in the performance ofits functions conferred by this Act;

(b)   the development ofthe programmes, performance targets and any service or other standards ofthe Authority for the approval ofthe Board;

(c)   the implementation ofprogrammes, performance targets and services referred to in paragraph (b);

(d)   the preparation and submission ofthe strategic, corporate and other plans for the approval ofthe Board;

(e)   ensuring administrative support for the Board and any committee established under paragraph 16 of Part II of the Third Schedule as may be required;

  (f)    ensuring that the Board is kept informed ofmatters relevant to the administration and management ofthe Authority; and

(g)   the performance of such other functions as are conferred upon the Director-General by or under this Act or any other enactment.

Administration

11.- (1)  For the proper carrying out offhe provisions of this Act the Authority may appoint and employ to any office in the Authority such other officers or employees, at such remuneration and on such terms and conditions as the Authority deems necessary.

      (2) Except with the prior approval ofthe Minister responsible for the public service--

(a)    no salary in excess ofthe prescribed rate shall be assigned to any officer or employee; and

 

(b)   no appointment shall be made to any office to which a salary in excess ofthe prescribed rate is assigned.

    (3) For the purposes of subsection (2), the prescribed rate shall be such rate as the Minister responsible for the public service may prescribe, by order subject to affirmative resolution.

   (4) The Governor-General may, subject to such conditions as he may impose, approve the appointment ofany officer in the service ofthe Government to any office with the Authority; and any officer so appointed or while so employed, in relation to other rights as a public officer, shall be treated as continuing in the service of the Government.

  (5) The Director-General shall consult with the Board in establishing the qualifications for the various offices within the Authority and shall advise the Board on all appointments to fill the offices.

 

12.   The Authority, with the approval ofthe Minister responsible for the public service in consultation with the Minister-

(a)    may enter into arrangements or make regulations respecting schemes, whether by way of insurance policies or otherwise; and

(b)    shall make provisions for-

(i)     medical benefits;

(ii)    pensions;

(iii)   gratuities; and

     (iv)   other retirement benefits or disability or death benefits,

relating to officers and employees of theAuthority; and the arrangements, regulations or other provisions may include the grant of benefits to the dependents and the personal legal representatives of the officers and employees

13.  (1) Every person having an official duty or being employed in the administration ofthis Act shall-

(a)    regard and deal with as secret and confidential all information, books, records or documents relating to the functions of the Authority obtained by him in the course ofthe performance ofhis duties or otherwise; and

      (b)   be bound by the provisions of the Officials Secrets Act.

     (2) A person to whom information is communicated by a person in subsection ( 1) shall regard and deal with the information as secret and confidential.

   (3) A person who contravenes subsection (1) or (2) commits an offence under this Act and is liable on summary conviction in a Parish Court to a fine not exceeding one million dollars and, in default of payment of the fine, to imprisonment for a term not exceeding twelve months.

  (4) Notwithstanding subsections ( 1) and (2), a person may disclose information in any ofthe following circumstance--

(a)    pursuant to a court order;

(b)   on the prior written request ofthe Minister responsible for finance to the Assets Recovery Agency established under  section  3 of the Proceeds ofCrime Act,  to facilitate the investigation ofany criminal offence;

(c)    to an officer ofthe Authority who is so authorized;

(d)   to  the  Registrar of Companies appointed under  the Companies Act;

(e)    to the  Commissioner General  appointed under  the  Tax Administration Jamaica Act;

or

(f)     where such disclosure is permitted by any other enactment.

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PART III-Management of Regulated Agricultural Commodities

14.   (1)  Subject to section 16 and except under and in accordance  with this Act and the regulations, a person shall not -

(a)    manufacture, distribute, or process a regulated agricultural

(b)   export or import a regulated agricultural commodity or its substitute
(c)    operate works related to a regulated agricultural commodity;

(d)    establish or operate a nursery for a regulated agricultural commodity; or

(e)    operate as a dealer or a special coffee dealer.

      (2)  Subsection (1) shall not apply to the wholesale or retail selling of a regulated agricultural commodity that was bought from a licensee, if the purchase is made in the ordinary course of business.

    (3)  A person  who contravenes subsection (1) commits an offence and is liable on summary conviction in a Parish Court to a fine not exceeding three million dollars or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment.

15   (1)  Every person who carries out or intends to carry out any ofthe activities referred to in section 14(1) shall apply in the prescribed form and manner, to the Authority for the appropriate licence.

      (2) An application under subsection (1) shall be accompanied by the prescribed application fee, which shall be non-refundable.

      (3) Every person who grows or intends to grow a regulated agricultural commodity in a quantity that is of commercial significance shall apply in the prescribed form and manner to the Authority for a certificate of registration

16.  (1) Every person who carries out an activity referred to in section 14( 1) shall be exempt from provisions of this Act ifthe activity utilizes or yields a quantity ofthe regulated agricultural commodity that is 

(a)    sufficient for consumption by that person and his household only; or

(b)   too small to be ofcommercial significance.

     (2) Every person who grows or intends to grow a regulated agricultural commodity in a quantity that is not ofcommercial significance shall be exempt from the provisions ofthis Act.

    (3)  Notwithstanding section 14, a regulated agricultural commodity may be imported into or exported from Jamaica otherwise than under a licence granted under section 17-

(a)   in a quantity not exceeding the prescribed amount when carried in the personal baggage ofa passenger; or

(b)   in a quantity not exceeding the prescribed amount when sent by post, by sea or by air as gift parcels or bonafide samples.

17.  (1)  Upon receipt of an application under section 15, the Authority shall cause an inspector to carry out an inspection of premises to which the application relates.

       (2) The inspector shall submit to the Authority a report in the prescribed form in respect ofan inspection carried out under this section, and may make general comments or recommendations thereon.

      (3) Upon receipt ofthe report and any written comments or recommendations ofthe inspector, the Authority may-

(a)   subject to subsections (4) and (6), grant a licence in the form set out in the Fourth Schedule, upon payment ofthe prescribed licence fee; or

(b)   refuse to grant a licence on any of the grounds set out in section 18.

     (4) A licence granted under this section -

(a)   shall be for a period ofthree years; and

(b)   may be made subject to the terms and conditions, as the Authority may specify in the licence.

    (5) Where the Authority refuses to grant a licence, the Authority shall inform the applicant of-

(a)    its decision in writing, stating the reasons for the decision;

and

(b)   the right ofappeal conferred by section 35.

  (6) Licence fees prescribed under subsection (3) may be paid annually in three equal instalments on the grant and subsequent anniversaries ofthe grant ofthe licence.

   (7) Every licensee shall comply with the health and food safety standards specified in the Sixth Schedule and with such quality standards and health and food safety standards prescribed, from time to time, under section 37 or under any other enactment.

18.  The Authority may refuse to grant a licence under this Act- 

(a)   where, in the opinion oftheAuthority, the grant ofthe licence would not be in the public interest, having regard to such factors as the Authority considers relevant, including the geographical location or intended geographical location in which the regulated agricultural commodity is to be cultivated;

(b)   where an application contains or is based on a false or misleading representation or information which is false in a material particular;

      (c)   to an individual who-

(i)      is under the age ofeighteen years;

(ii)   is an undischarged bankrupt; or

  (iii)   has been convicted ofan offence involving fraud, dishonesty or moral turpitude or an offence under the Dangerous Drugs Act (other than an offence which attracts a sentence ofimprisonment ofnot more than five years) during the period ofthree years immediately preceding the application for a licence;

         (d)   to a body corporate in respect ofwhich-

(i)      a resolution has been passed for its voluntary winding up;

(ii)   an order has been made by a court ofcompetent jurisdiction for its winding up;

(Iii)   a receiver or a trustee within the meaning ofthe Insolvency Act has been appointed to manage any ofits assets;

(iv)   any of its directors has been convicted of any offence involving fraud, dishonesty or moral turpitude, or an offence under the Dangerous Drugs Act (other than an offence which attracts a sentence ofimprisonment ofnot more than five years) during the period ofthree years immediately preceding the application for a licence; or

(v)   there is failure to notify the Authority of the readiness and suitability ofits premises or business

to which the application relates

19.  (1) A licence may be renewed by the Authority, if-

(a)    an application for renewal of the licence is made in the prescribed form, at least ninety days before the date ofits expiry or, within such shorter period as the Authority may specify;

(b)    the Authority is satisfied that the licensee is operating in compliance with the provisions ofthis Act or the regulations (including the payment of all current and outstanding prescribed fees);

(c)   there has been no material change in the circumstances which existed at the time when the licence was granted, which would justify the application for renewal being treated as a new application in the manner specified in subsection (3); and

(d)   the applicant has not been convicted ofan offence under this Act or the regulations or, in the case ofa body corporate, a director, the manager, the secretary  or other officer ofthe body corporate, has not been so convicted.

   (2) Where the Authority receives an application for the renewal ofa licence after the period specified in subsection (1)(a), the Authority may impose a late fee in addition to any prescribed renewal fee.

  (3) Where the Authority is satisfied that a material change of circumstances has occurred since the licence was granted, the Authority shall treat the application as a new application and, accordingly, the provisions ofsections 15, 16 and 17 shall apply.

20. The Authority shall not grant a licence retrospectively.

 

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PART IV-Offences and Penalties

28.(1)  A person shall not wilfully give information to the Authority  or an inspector or other authorized member of staff of the Authority that is misleading in a material particular.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction in a Parish Court to a fine not exceeding one million dollars and, in default of payment of the fine, to imprisonment for a term not exceeding twelve months
29.(1)  Aperson shall not steal aregulated agricultural commodity
     (2) A person who contravenes subsection (1) commits an  offence is liable - 
(a)    on summary conviction in a Parish Court, to a fine not exceeding three million dollars or to imprisonment for a term not exceeding three years or to both the fine and imprisonment;
(b)   on indictment in the Supreme Court, to a fine or to imprisonment for a term not exceeding ten years or to both the fine and imprisonment.
     (3) In addition to the penalty imposed under subsection (2), the Supreme Court or the Parish Court, as the case may be, may order a person convicted of the offence under this section to make restitution to the victim of the offence (hereinafter referred to as an "order of restitution") by directing the person convicted-

(a)    to return the regulated agricultural commodity to the victim or to a person designated by the victim;

(b)   to pay an amount equal to the value of the regulated agricultural commodity, where the return of the regulated agricultural commodity is impossible or impractical or where the regulated agricultural commodity has deteriorated or perished and is no longer of merchantable quality; and

      (c)   where applicable, and based on the period of time that the victim was deprived of his       regulated agricultural commodity, to pay any interest income which may otherwise have accrued for the period during which the person was deprived ofhis regulated agricultural commodity

  (4)  An order of restitution may be enforced by the victim in the same manner as ajudgment in a civil action.

  (5)   Where the victim dies, the proceeds of an order of restitution shall enure to the benefit ofthe estate ofthe deceased.

30.  (1) A person shall not assault, obstruct, hinder or resist or use any threatening language or aid or incite any other person to so assault, obstruct, hinder or resist an inspector or other authorized member of staff of the Authority in the execution of that person's duties under this Act.

 

     (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction in a Parish Court to a fine not exceeding three million dollars and, in default of payment of the fine, to imprisonment for a term not exceeding three years.

31.  (1)  A person shall not knowingly and falsely represent that the regulated agricultural commodity being cultivated by that person is ofa particular geographical location.

      (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction in a Parish Court to a fine not exceeding three million dollars and, in default ofpayment ofthe fine, to imprisonment for a term not exceeding three years.

 

32. Every person who commits an offence under this Act for which no penalty is otherwise provide is liable

 
(a)    in the case ofan individual, on summary conviction-       
 

(i)      to a fine not exceeding one hundred thousand dollars and, in default ofpayment ofthe fine, to imprisonment for a term not exceeding three months;

(ii)    for a second conviction under this Act, a fine not exceeding five hundred thousand dollars and, in default ofpayment ofthe fine, to imprisonment for a term not exceeding six months;

(iii)    for  an offence  committed  subsequent  to  a conviction for a second offence under this Act, a fine not exceeding three million dollars and, in default ofpayment ofthe fine, to imprisonment for a term not exceeding twelve months;

(b)   in the case ofa body corporate on summary conviction, to a fine not exceeding five million dollars.

 

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PART V-Enforcement

33.  (1)  Where a Justice ofthe Peace is satisfied (by information  on oath, and on receipt ofsuch further information as he may, in the   circumstances require) that there are reasonable grounds for suspectingthat evidence ofor relating to an offence underthisAct or the regulations is to be found on any premises specified in the information, the Justice ofthe Peace may issue a warrant in accordance with subsection (2)

    (2)  A warrant issued under this section may authorize a Constable named in the warrant, with the assistance of an inspector or other authorized member of staff of the Authority or such other assistanceas is reasonably necessary, and by the use of reasonable force, to-

(a)    enter upon the premises specified in the warrant;

(b)    search the premises for evidence of, or relating to, an offence under this Act or the regulations; and

(c)   seize and detain property in the course ofthe search that the Constable or inspector believes, on reasonable grounds, to be evidence of, or relating to an offence under this Act or the regulation.

(d)   a statement as to whether entry is authorized to be made at any time of the day or night, or during the hours of the day or night specified in the warrant.

34. (1)  Subject to subsection (4), the court before which a person is convicted ofan offence under this Act or the regulations, may, upon the application ofthe Authority, make an order for the forfeiture ofthe regulated agricultural commodity which is the subject ofthe offence.

     (2) Where the Authority proposes to apply for the forfeiture ofthe regulated agricultural commodity under subsection ( 1 ), notice of that intention and ofthe grounds therefor shall be given forthwith to any person who, to the knowledge ofthe Authority, is the owner ofthe regulated agricultural commodity; but that notice is not required to be given ifthe seizure ofthe goods was made in the presence ofthe owner ofthe regulated agricultural commodity.

     (3) The notice of intention to apply for the forfeiture of a regulated agricultural commodity and of the grounds there for

(a)    shall be given personally to any person who, to the knowledge ofthe Authority, is the owner ofthe regulated agricultural commodity; or

(b)   where the notice  cannot  be given personally  by the Authority-

(i)      by sending the notice by registered mail to the last known registered address ofthe person;

(ii)    by sending the notice to the person by electronic means to the last known electronic address ofthe person; or

(iii)   by publishing the notice on two occasions in a daily newspaper printed and circulated in Jamaica, the second ofthose publications being not later than seven days after the first publication.

      (4) A person having a claim to any regulated agricultural commodity in respect ofwhich an application is made by the Authority pursuant to subsection (1) may appear before the court on the hearing ofthe application and show cause why an order for forfeiture should not be made

     (5)  If, upon application ofany person aggrieved by an order made by the court under this section, the court is satisfied that it is just to revoke that order, the court may revoke the order upon such terms and conditions as it deems appropriate, and, without prejudice to the generality ofthe foregoing, shall require the person to pay, in respect of storage, maintenance, administrative expenses, security or otherwise ofthe regulated agricultural commodity, such charges as may be specified by the court.

   (6)  Where, on hearing an application for forfeiture of a regulated agricultural commodity, no person appears before the court to show cause why an order for forfeiture should not be made, the court may presume that the regulated agricultural commodity has been abandoned or willingly relinquished.

  (7)  An application to the court under subsection (5) for revocation of an order shall be made within seven days of the date of the order or within such greater time as the court may allow.

35.(1) There is hereby established a tribunal to be called theRegulated Agricultural Commodities Appeal Tribunal.

         (2) The provisions ofthe Seventh Schedule shall have effect as to the constitution and procedure of theAppeal Tribunal and otherwise in relation thereto.

         (3) A person who is aggrieved by a decision of the Authority or by the decision of any person to whom a function of the Authority has been delegated under section 5, to refuse to grant, renew, suspend, or revoke a licence, may appeal to the Appeal Tribunal, by way ofa notice of appeal, within twenty-one days of the date that the aggrieved person is advised of the decision or within such longer period as the Appeal Tribunal, may in special circumstances, allow and in accordance with the Seventh Schedule.

       (4) The notice of appeal shall set out clearly the grounds of the appeal and shall be accompanied by copies of any correspondence, document, inspector's report or any other statement relevant to the appeal.

       (5) A copy of the notice of appeal together with copies of any correspondence, document, inspector's report or any other statement shall be served on the Authority.

       (6) The Appeal Tribunal shall, within seven days of the receipt of a notice of appeal under subsection (3 ), request the Authority to furnish it with a statement in writing setting out the reasons for its decisions.

         (7) The Appeal Tribunal shall cause all parties to the appeal to be informed-

(a)   of the date of the hearing of the appeal;

(b)   that they may appear themselves or be represented by their attorney-at-law; and

(c)   that they may summon witnesses in their cause.

        (8) The Appeal Tribunal shall hear each matter brought before theAppeal Tribunal and give its decision in writing regarding such matter within ninety calendar days ofthe filing ofthe appeal, or such longer period as the Appeal Tribunal may require, not exceeding fourteen calendar days, and may-

(a)   dismiss the appeal and confirm the decision of the Authority:

(b)   allow the appeal and set aside the decision; or

(c)   vary the decision.

      (9) The Appeal Tribunal shall forward a copy ofits decision to the Authority and a copy to the appellant, together with a written statement of the reasons for its decision.

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PART VI-General

 

36.  The Minister may, by order subject to affirmative resolution,  amend-                            

(a)   any monetary penalty specified in this Act or the regulations;  

or

 

(b)   the First, Second, Third, Fourth, Fifth, Sixth and Seventh 

 
37.  (1) The Authority may, with the approval of the Minister, make regulations for the purpose of giving effect to the provisions of this Act and, in particular, but without prejudice to the generality of the foregoing, the regulations may contain provisions in relation to the following matters-
 
(a)    the setting ofminimum standards for quality in respect of the cultivation, trade, export, import and distribution ofregulatedagricultural commodities, including standards relating to storage facilities, warehousing, hygiene, quality assurance and other related matters;
 
(b)   the establishment of different grades of regulated agricultural

commodities;

(c)   the establishment ofprocedures for, and the specifying of terms and conditions for, the grant oflicences and certificates ofregistration;

(d)   different categories oflicences;

(e)   the procedures for registration ofproperty (whether shared or not) upon which regulated agricultural commodities are grown;

(f)    the cess or other charges imposed under section 38;

(g)    the fees and charges payable in respect ofa licence, or an appeal under section 3 5;

(h)    the fees and charges payable for any service provided by the Authority;

(i)      the prices payable to growers, processors, manufacturers and dealers in regulated agricultural commodities;

(j)    the keeping ofrecords by licensees;

(k)   the making ofreports by licensees;

(l)     the disposal ofregulated agricultural commodities, other than by way ofexport or by local distributors;

(m)   the establishment ofstandards and procedures to prevent suppliers of regulated agricultural commodities from encouraging or carrying out tied selling within the meaning of the Fair Competition Act; and

(n)    any other matter required under this Act to be prescribed.

   (2) Where prices are prescribed under subsection (l) (h),different prices may be specified in respect of-

(a)    different or same grades, types and quality ofthe regulated agricultural commodities, or their by-products;

(b)   where applicable, different delivery destinations; and

(c)   different categories of the regulated agricultural commodities or their by-products whether purchased or sold by dealers.

 
(3) Notwithstanding section 29 of the Interpretation Act, regulations made under this section may prescribe greater penalties than those specified in that Act, and the maximum penalty that may be so prescribed shall be a fine not exceeding two million dollars, and in default of payment of the fine, to imprisonment for a term not exceeding twelve months.

 

(4) Any regulations made under subsection (1) shall be subject to affirmative resolution.

38. The Minister may, in consultation with the Authority, impose a cess or other charges upon any regulated agricultural commodity or its substitute produced in or imported into Jamaica.

 
39. The enactments specified in column 1  of the Eight Schedule are repealed or amended, as the case may be, in the manner specified in relation thereto in column 2 of that Schedule
 
40. -   (1) With effect fromthe appointed day, there shall be transferred to and vested in the Authority, all assets, rights and liabilities of-
 
 (a)   the Coffee Industry Board and any subsidiary body thereof; and

 

(b)   the Cocoa Industry Board and any subsidiary body thereof, (hereinafter  called "the merged  entities")  except the Richmond Cocoa fermentery, the Morgan's Valley Cocoa Fermentery and the cocoa farms owned or operated by the Cocoa Industry Board.

(2) The Authority shall, in relation to the assets, rights and liabilities so transferred and vested, have every right, power, privilege, immunity or duty which immediately before that date was capable of being enjoyed or performed by the merged entities.

 

(3). In this section, "assets" includes intellectual property.

 

 41.-(1) A person  shall act in accordance with subsection (2) if before the appointed day the person-

(a)    entered  into any business arrangement, with any of the merged entities or any other entity which operated under an enactment repealed by this Act, which is incompatible with the provisions ofthis Act; or

(b)   was licensed under the Agricultural Produce Act.

(2) The person shall submit to theAuthority-

(a)    a statement giving particulars ofall such arrangements or licences  granted  under the Agricultural Produce Act,  as the case may be, as are still in operation at that date; and

(b)   a plan and timetable for-

(i)     the  completion of each  such arrangement or licence granted under the Agricultural Produce Act after the date; or

 

(ii)    the  cancellation or liquidation  of each  such arrangement or  licence  granted  under   the Agricultural Produce Act within such period as may be agreed between the Authority and that person,  or, in default of agreement, as may be determined by the Authority.

 

 

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List Measures/Standards

Name Description Status Measures/Standards Measure Class
Coffee Dealers Licenses A dealers licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale , export or import of coffee in Jamaica. Coffee and its by products requires a dealers licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017. Active Measure Goods
Coconut Export License A coconut export licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale and export of coconut in Jamaica. Coconut and its by-products requires an export licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 Active Measure Goods
Coconut Import Permit A coconut import licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale and importation of coconut in Jamaica. Coconut and its by-products requires an export licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 Active Measure Goods
Permit for the Importation of Coffee An import permit is required from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the importation of coffee beans and any by- products of coffee. All coffee related products imported into Jamaica require an import permit under the law - Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017. Active Measure Goods
License for the Exportation of Pimento An export licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the exportation of pimento in Jamaica. Pimento and its by-products require an export licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 Active Measure Goods
Permit for the Custom Release of Coconuts A coconut customs release permit needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale and importation of coconut in Jamaica. Coconut and its by-products requires an export licence under the law - Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 Active Measure Goods
Licensing Requirement for Special Coffee Dealers A Special Coffee Dealers licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale, export/import of coffee out of/into Jamaica. Coffee and its by-products require a Special Dealers Licence under the Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017. Active Measure Goods
Licensing Requirement for Coffee Nursery Operator A nursery operator licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the operation of a coffee nursery Jamaica. The establishment of a coffee nursery requires a nursery operator licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 Active Measure Goods
Licensing Requirement for Local Coffee Importer A Local Importer licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the importation of finished coffee products. A local coffee importer is required under the law -Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 to obtain this licence Active Measure Goods
Trademark User Licence – Coffee Exporters A Trademark User licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale , export of coffee in Jamaica. Coffee and its by products requires a dealers licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017. Active Measure Goods
Sub-Licence (Trademark) - Coffee A Sub-Licence Trademark licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sublicensing of coffee and its by-products. An applicant is required under the law -Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 to obtain this licence Active Measure Goods
Cocoa Dealers Licence A Coca Dealers licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale, export or importation of cocoa and its by-products. A cocoa dealer is required under the law -Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 to obtain this licence Active Measure Goods
Cocoa Works Licence A Coca Works licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the sale, export or importation of cocoa and its by-products. A cocoa dealer is required under the law -Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 to obtain this licence Active Measure Goods
Cocoa Nursery Operator Licence A nursery operator licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the operation of a cocoa nursery Jamaica. The establishment of a cocoa nursery requires a nursery operator licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017 Active Measure Goods
Requirements for Import Permit- Cocoa An import permit must be obtained from JACRA, MICAF prior to the importation of Cocoa. All cocoa imported require a JACRA import Permit under the law- The Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act. Active Measure Goods
Requirements for Release Permit- Cocoa A release permit must be obtained from JACRA, MICAF will be required to effect clearance of the goods on their arrival in Jamaica. All cocoa imports require a release permit JACRA import Permit under the law- The Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act. Active Measure Goods
Import Permit (Coconut Edible oils) An import permit must be obtained from JACRA, MICAF prior to the importation of coconut, coconut products or substitutes. All coconut, coconut products or substitutes imported require a JACRA import Permit under the law- The Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act. Active Measure Goods
Export Licence for spices An Export Licence must be obtained from JACRA, MICAF prior to the exportation of pimento, nutmeg, ginger or turmeric as raw material, value-added or finished products. All pimento, nutmeg, ginger or turmeric as raw material, value-added or finished products exported require a JACRA Export Licence under the law- The Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act. Active Measure Goods
Coffee Works Licence An Coffee Works Licence must be obtained from Jamaica Agricultural Commodities Regulatory Authority(JACRA), MICAF. This is required under law - Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act. Active Measure Goods
Requirements for Local Importer Licence Coffee- JACRA This measure is a requirement for Local Importer Licence Coffee JACRA, MICAF prior to the importation of spices. All spices imported require JACRA requirements for import Permit -Spices under the law- Agriculture Produce Act (1926). This measure is a requirement to acquire Local Importer's Licence for Coffee Active Measure Goods
Licensing Requirement for Foreign Importer's for Coffee - JACRA A Foreign Importer’s Licence needs to be obtained from the Jamaica Agricultural Commodities Regulatory Authority (JACRA) prior to the import of coffee in Jamaica. Coffee and all coffee related products requires a Foreign Importer’s Licence under the law Jamaica Agricultural Commodities Regulatory Authority (JACRA) Act 2017. Active Measure Goods
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