National Agricultural Product Regulatory Office Act

National Agricultural Products Regulations 2013

[GN 282 of 2013 – 27 November 2013] [Section 24]

PART I – PRELIMINARY

1. These regulations may be cited as the National Agricultural Products Regulations 2013.

2. In these regulations –

"Act" means the National Agricultural Products Regulatory Office Act;

"air-curing" means the process of curing green tobacco without the aid of artificial heat, except to the extent necessary to dry the green tobacco or reduce any excessive moisture in it;

"approved accountant" means an accountant duly approved by NAPRO;

"audited statement of accounts" means a duly audited financial statement of a producer for a contractual tea year;

"barn" means a building used for the curing of green tobacco;

"black tea product" means the product derived from the processing of fermented green leaves;

"broken mixed fannings" means a low grade tea product containing a small percentage of tea product and a high percentage of fibre;

"curing" means the process of yellowing, fixing the colour and drying green tobacco for producing a type of tobacco, and includes –

(a) air curing;

(b) flue-curing; and

(c) sun-curing;

"fire curing" means the process of curing green tobacco with the aid of artificial heat obtained from open fires inside the barn;

"flue-curing" –

(a) means the process of curing green tobacco with the aid of artificial heat in a barn fitted with flues for that purpose; but

(b) does not include air-curing or the process of drying leaf tobacco in a barn fitted with flues for flue-curing;

"food handler's certificate" means a food handler's certificate issued in accordance with the Food Regulations 1998;

"fresh meat" means meat derived from a freshly slaughtered animal which has not been subjected to any process with a view to prolonging its keeping quality;

"game" means deer and wild boar;

"green tea product" means the product derived from the processing of unfermented green leaves;

"green tobacco" means tobacco leaf which has not been not cured;

"licensee" means the holder of a licence;

"meat shop"–

(a) means an establishment used for retail sale of fresh meat; and

(b) includes a market stall;

"meat shop operator" means a person who is licensed to operate a meat shop;

"milch cattle" means cattle reared for milk production;

"NAPRO" means the National Plants Protection Office established under the Plant Protection Office;

"production accounts" means a set of accounts showing the costs of the different items used in the manufacture of tea products for any contractual tea year;

"production and sales statement" means a statement showing green leaf received, green leaf processed, tea products made during any contractual tea year and the way in which the tea products made are disposed of by 30 June in a contractual tea year;

"slaughterhouse operator" means a person who is licensed to operate a slaughterhouse;

"slaughter release certificate" means a certificate to that effect issued by the Government Veterinary Services;

"sun-curing" –

(a) means the process of curing green tobacco by exposing it to the sun; and

(b) includes the process of subjecting green tobacco to wilting before exposing it to the sun;

"tea" includes green leaves;

"tea blender" means a producer who is licensed by NAPRO to blend tea products;

"tea blending plant" means a plant for the blending of different grades of tea products;

"tea factory" means a factory where green leaf is manufactured into a tea product;

"tea nursery" means a plot of land used for cultivation of young tea for the purpose of transplantation;

"tea packer" means a producer who is licensed by NAPRO to pack blended or unblended tea products;

"tea packing plant" means a plant for the packing of blended or unblended tea products;

"tea seed garden" means a plot of land under cultivation of mature tea for seed production;

"tea waste" means tea sweepings, tea fluff, tea fibre, tea stalks or any item or substance collected during the process of manufacture, sorting and storage of tea products;

"tobacco warehouse" means a building approved by NAPRO for the purchase, handling and storage of leaf tobacco intended for sale;

"type of tobacco" means leaf tobacco which has been cured;

"unwholesome meat" means meat which is tainted, discoloured, stale, unclean, contaminated, unsound, or unfit for human consumption;

"veterinary discharge certificate" means a certificate to that effect issued by the Government Veterinary services;

"veterinary officer" means a Government Veterinary Officer.

PART II – LICENCE AND CLEARANCE FEES

3. (1) Where a person applies for a licence, his application shall –

 (a) be accompanied by the appropriate fee specified in Part I of the First Schedule; and

 (b) in addition to such other condition as NAPRO may impose, be subject to the conditions specified in Part II of the First Schedule.

(2) Where a person applies for clearance, his application shall –

 (a) be in the form set out in Part I of the Second Schedule;

 (b) be accompanied by the appropriate fee specified in Part II of the Second Schedule; and

 (c) in addition to such other condition as NAPRO may impose, be subject to the conditions specified in Part III of the Second Schedule.

(3) Where a person applies for clearance, the application shall, in addition to any other document that NAPRO may require, be accompanied –

 (a) in the case of leaf tobacco, by a permit issued by NAPRO;

 (b) in the case of tea products, by a phytosanitary certificate issued by the appropriate authority of the country of origin.

(4) –

(5) Where, a licensee other than a licensee for an activity specified in section 8(1)(a) of the Act, makes an application for a fresh licence more than 15 days after the expiry of his licence, he shall pay an additional fee representing 20 per cent of the appropriate fee specified in Part I of the First Schedule.

(6) Where NAPRO is satisfied that a licence is lost or destroyed, it may, on payment of the appropriate fee specified in Part I of the First Schedule, issue a duplicate copy of the licence.

(7) Where NAPRO is satisfied that a clearance is lost or destroyed, it may, on payment of the appropriate fee specified in Part II of the First Schedule, issue a duplicate copy of the clearance.

(8) No clearance shall be required in respect of the import or export of regulated products by NAPRO.

PART III – LEAF TOBACCO AND TOBACCO PRODUCTS

4. Every contract for the supply of tobacco entered into by a cultivator of tobacco with a producer of tobacco products shall be drawn up in the form set out in Part I of the Third Schedule.

5. (1) (a) Where a cultivator of tobacco intends to sell leaf tobacco to a producer of tobacco products, the producer or his duly authorised agent shall determine the moisture content of leaf tobacco.

(b) The weight of any leaf tobacco delivered at a tobacco warehouse shall be calculated at a standard moisture content of 10 per cent.

(c) Where the moisture content of leaf tobacco delivered at a warehouse is higher than 22 per cent, the producer may refuse to accept the leaf.

(2) Any cultivator of tobacco who is dissatisfied with the assessment of a producer or his authorised agent may refer the dispute for arbitration in accordance with section 20 of the Act.

6. (1) Every contract for the supply of tobacco shall specify the type of tobacco, the duration of the contract, the price for each grade at which the tobacco is being sold and the maximum quantity of tobacco being supplied.

(2) Every cultivator of tobacco shall submit, in duplicate, and in a form approved by NAPRO, a list of his barns and other buildings he intends to use for curing and storing any green tobacco or leaf tobacco.

(3) (a) Every cultivator of tobacco shall keep a stock book, in a form approved by NAPRO, for the purpose of monitoring the stocks of green and leaf tobacco.

(b) Every entry in the stock book shall be made in ink.

(c) Any correction to any entry in a stock book shall be made by striking out the incorrect entry and inserting the correct entry, and in such a manner as to cause the incorrect entry struck out to be visible on inspection.

(d) Every stock book may be examined, at such reasonable time, by an officer.

7. (1) Every cultivator of tobacco shall cause any leaf tobacco that he intends to deliver to a warehouse to be accurately graded before delivery according to a set of grades approved by NAPRO.

(2) Where a cultivator fails to comply with paragraph (1) and his leaf tobacco is improperly graded, a producer shall be entitled to accept the leaf tobacco being delivered at the warehouse at the lowest approved grade.

8. (1) NAPRO shall, after consultation with producers of tobacco products and cultivators of tobacco, publish in the Gazette the hours of purchase of leaf tobacco from cultivators.

(2) Every producer or importer of tobacco products shall inform NAPRO of the brands registered by him in accordance with the Patents, Industrial Designs and Trademarks Act.

PART IV – SLAUGHTER OF ANIMALS

9. (1) Subject to paragraph (2), no person shall slaughter an animal or cause an animal to be slaughtered at a place other than at an abattoir or in a slaughterhouse approved by NAPRO.

(2) Paragraph (1) shall not apply to –

 (a) the slaughter of an animal on the occasion of a religious ceremony specified in the Second Schedule to the Act;

 (b) the killing of game.

10. (1) Any person who intends to have an animal slaughtered at a slaughterhouse or an abattoir shall provide the slaughterhouse operator or the Authority, as the case may be, particulars regarding the place of origin of the animal and the proposed destination of the meat, hide and skin.

(2) Where a person intends to have an imported animal slaughtered at a slaughterhouse or an abattoir, he shall, in addition to the particulars provided under paragraph (1), submit to the slaughterhouse operator or the Authority, as the case may be –

 (a) a slaughter release certificate where the animal is kept in quarantine; or

 (b) the import permit number relating to the import of the animal and a veterinary discharge certificate where the animal has completed a quarantine period and is kept on private premises.

(3) Every animal referred to in paragraph (2) shall be brought to the slaughterhouse or the abattoir on the day preceding the slaughter of the animal, at a time to be agreed with the slaughterhouse operator or the Authority, as the case may be.

11. (1) No animal shall be slaughtered where a veterinary officer is of the opinion that the state of health of the animal is not satisfactory.

(2) No milch cattle shall be slaughtered without the prior authorisation, in writing, of a veterinary officer.

(3) Where milch cattle is slaughtered and its carcass weighs less than 125 kilogrammes, the carcass shall, at the cost of the owner of that cattle, be kept in a cold store approved by the Authority for a period of not less than 15 days after the slaughter.

12. No person shall bring or cause to be brought into a slaughterhouse or an abattoir an animal which is already dead, except where it is accompanied by a certificate from a veterinary officer specifying –

(a) the reason for the slaughter of the animal;

(b) that the animal was not suffering from any disease rendering its meat unwholesome; and

(c) that no drug which would render its meat unwholesome was administered to the animal.

13. (1) Where any meat is found fit for human consumption, it shall be marked or stamped by a veterinary officer who shall issue a certificate to that effect.

(2) A certificate issued under paragraph (1) shall be –

(a) kept in any premises where meat is stored, exposed or offered for sale; and

(b) produced on demand to an officer.

(3) Any meat found to be unwholesome at the time of inspection by a veterinary officer shall be seized and disposed of by the slaughterhouse operator or Authority in such manner as the veterinary officer may direct.

14. (1) The meat of an animal slaughtered at a slaughterhouse or an abattoir shall be transported in a vehicle approved by NAPRO for that purpose.

(2) Subject to paragraph (3), only the meat of one species of animal shall be transported in a vehicle designated for the particular species.

(3) Mutton, venison and goat meat may be transported in the same vehicle.

(4) The slaughterhouse operator or Authority shall not be responsible for any spoilage of meat resulting from –

 (a) delivery of the meat not being accepted by a licensee; or

 (b) non-delivery and consequent return of the meat on account of the licensee's absence at the time and place of delivery.

15. (1) No person shall have access to a slaughterhouse or an abattoir unless he is authorised to do so by the operator.

(2) No person suffering from an infectious or contagious disease shall be admitted to a slaughterhouse or an abattoir.

PART V – TEA, TEA PRODUCTS AND GREEN LEAVES

16. Every contract for the supply of green leaf entered into by –

(a) a métayer with a cultivator of green leaves;

(b) a cultivator of green leaves with a producer of tea products,

shall be drawn up in the appropriate form set out in Part II or III of the Third Schedule.

17. Every producer of tea products shall –

(a) carefully and accurately weigh and record, in kilogrammes, green leaves delivered to him by a cultivator of green leaves; and

(b) allow a cultivator of green leaves or his authorised agent to be present when his green leaves are being weighed.

18. (1) Where a dispute arises over any weight which is being recorded in respect of green leaf, a party to the dispute may refer it for arbitration in accordance with section 20 of the Act.

(2) Where a cultivator of green leaves or his authorised agent raises no objection to any weight being recorded in respect of green leaves, the producer of tea products shall issue to him a receipt.

(3) A receipt issued under paragraph (2) shall –

 (a) be in such form as NAPRO may approve;

 (b) be legibly written in ink;

 (c) indicate the weight of green leaves which have been duly weighed; and

 (d) be final and binding on the parties.

19. A producer of tea products shall, on account of surface moisture content, deduct 3 per cent from the recorded net weight of green leaves.

20. An officer may, at such in

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.