Consumer Protection (Price and Supplies Control) Act

Bread (Control of Manufacture and Sale) Regulations 1988

[GN 4 of 1988 – 1 March 1988] [Section 35]

1. These regulations may be cited as the Bread (Control of Manufacture and Sale) Regulations 1988.

2. In these regulations –

"baker" means –

(a) a person issued with a licence under regulation 3(1); and

(b) includes any of his agent;

"bread" means a type of bread specified in the first column of the Schedule which is made from white wheaten flour or wholewheat flour;

"MS 37" means the Mauritian Standard specification for white and wholemeal wheat bread declared in General Notice No. 151 of 1985.

[Reg. 2 amended by reg. 3 of GN 30 of 1988 w.e.f. 28 May 1988; reg. 3 of GN 170 of 2013 w.e.f. 1 July 2013.]

3. (1) No person shall operate a bakery unless he holds a licence issued by the Minister.

(2) Every licence issued under paragraph (1) shall –

 (a) specify the premises in relation to which it is issued;

 (b) be subject to such conditions as the Minister may determine.

(3) Except with the Minister's authorisation, no baker shall –

 (a) cease to carry on his business, whether temporarily or permanently; or

 (b) cause to be manipulated in any day or night by every team he employs less than the minimum amount of bags of flour specified in paragraph (3) of the Second Schedule to the Baking Industry (Remuneration Order) Regulations 2003.

4. (1) Subject to paragraph (2), no person shall manufacture, expose, sell or offer for sale –

 (a) except with the approval of the Minister, bread of any type other than that specified in the first column of the Schedule; or

 (b) any bread which contains more moisture by weight than that specified in the fourth column of the Schedule.

(2) (a) Any person who wishes to manufacture bread other than of the type specified in the first column of the Schedule shall apply in writing to the Minister.

(b) The Minister may grant the application subject to such conditions as he may determine.

5. The inspection, sampling and testing of bread shall be performed in the manner specified in MS 37.

6. Every person who exposes, sells or offers for sale bread on his trade premises shall display in a conspicuous place a notice indicating the type, weight and price of the bread exposed, sold or offered for sale.

7. No baker shall keep stale or rejected bread in that part of the bakery where bread is exposed, sold or offered for sale to the public.

8. (1) Every baker shall keep a daily record showing –

 (a) the number of bags of flour manipulated;

 (b) the quantity of every type of bread manufactured; and

 (c) the name and address of every bread seller who purchases bread from the baker and the quantity of bread supplied to the bread seller.

(2) The record specified in paragraph (1) shall –

 (a) be kept in the bakery for a period of 3 years; and

 (b) be produced on demand to any authorised officer.

9. Every baker shall provide in his bakery a manual or mechanical sieve of a capacity of not less than 50 kilogrammes.

10. Every baker shall install in that part of his bakery where bread is exposed, sold or offered for sale to the public a scale duly stamped under the Legal Metrology Act for the purpose of weighing bread when so requested by a purchaser.

11. (1) An authorised officer may at any time enter any premises in which bread is manufactured, exposed, sold or offered for sale for the purpose of ensuring that these regulations are complied with.

(2) Any person who prevents or obstructs an authorised officer in the performance of his functions under paragraph (1) shall commit an offence.

12. The maximum retail price at which bread shall be sold in Mauritius and Rodrigues shall be the price specified in the fifth column of the Schedule.

[Reg. 12 revoked and replaced by reg. 3 of GN 123 of 2012 w.e.f. 18 June 2012; reg. 3 of GN 226 of 2012 w.e.f. 1 January 2013.]

13. - 14. 

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SCHEDULE

[Regulations 4 and 12]

TYPES OF BREAD AND PRICES

Type of bread Minimum mass
(gm)
Minimum length
(cm)
Maximum moisture content % Maximum retail price in Mauritius and Rodrigues
(Rs. cs)

Maison

100

-

35

2.70

Rond

100

-

35

2.70

Baguette

100

13

30

2.80

Baguette

200

27

30

5.60

Baguette (made from whole wheat flour)

400

45

30

11.20

Baguette (made from white wheaten flour)

400

53

30

11.20

Moule

200

-

35

5.40

Moule

500

-

35

13.50

Moule

1,000

 

40

27.00

Moule

1,500

-

40

40.50

Moule

2,000

-

40

54.00

[Sch. revoked and replaced by reg. 3 of GN 21 of 1988 w.e.f. 13 April 1988; reg. 3 of GN 252 of 1990 w.e.f. 23 December 1990; reg. 3 of GN 21 of 1991 w.e.f. 22 February 1991; reg. 3 of GN 11 of 1993 w.e.f. 1 February 1993; reg. 3 of GN 85 of 1993 w.e.f. 15 May 1993; reg. 3 of GN 93 of 1995 w.e.f. 2 July 1995; reg. 3 of GN 24 of 1997 w.e.f. 1 March 1997; reg. 3 of GN 181 of 2000 w.e.f. 15 November 2000; reg. 3 of GN 17 of 2003 w.e.f. 1 February 2003; reg. 3 of GN 21 of 2004 w.e.f. 7 February 2004; reg. 3 of GN 4 of 2006 w.e.f. 7 January 2006; reg. 3 of GN 51 of 2006 w.e.f. 30 May 2006; reg. 3 of GN 79 of 2006 w.e.f. 3 July 2006; reg. 3 of GN 11 of 2008 w.e.f. 19 January 2008; reg. 3 of GN 276 of 2008 w.e.f. 22 December 2008; reg. 4 of GN 123 of 2012 w.e.f. 18 June 2012;.reg. 4 of GN 226 of 2012 w.e.f. 1 January 2013; reg. 4 of GN 170 of 2013 w.e.f. 1 July 2013.]

_______________

Commodities (Registration of Traders) Regulations 1978

[GN 126 of 1978 – 15 June 1978] [Section 35]

1. These regulations may be cited as the Commodities (Registration of Traders) Regulations 1978.

2. In these regulations –

"authorised officer" means any public officer designated by the Minister;

"certificate of registration" means a certificate issued by the Minister under regulation 4;

"commodity" means a commodity specified in the Schedule;

"trade" means the production, manufacture, keeping, storage, distribution, sale, transfer, export, import, use or other dealing in a commodity;

"trader", in respect of a commodity –

(a) means any person engaged in the trade of any commodity; and

(b) includes any person who, as agent, employee or otherwise, assists any such person specified in paragraph (a).

3. (1) Subject to paragraphs (2) and (3), no trader shall deal in a commodity unless he holds a certificate of registration.

(2) –

(3) Where a trader is employed by a corporate body, société civile or partnership, which is required to have a certificate of registration under these regulations, he shall not require a certificate of registration whilst being so employed.

4. (1) Every trader wishing to be issued with a certificate of registration shall make a written application to the Minister and submit –

 (a) particulars of –

  (i) the private address of the applicant;

  (ii) the trading name of the business;

  (iii) the trade premises;

  (iv) the nature of the business carried on generally;

  (v) the name of any person who as employee assists the applicant;

 (b) proof of registration under the Business Registration Act wherever applicable;

 (c) such additional information as the Minister may require.

(2) On receipt of an application under paragraph (1), the Minister may grant a certificate of registration subject to such conditions he may determine.

(3) The Minister may revoke any certificate of registration for breach of any condition attached to it in addition to any other penalty that may be provided in any enactment.

(4) Every certificate of registration, unless previously revoked, shall –

 (a) be valid for a period of one year from the date of issue;

 (b) be renewable for further periods of one year.

(5) An application for the renewal of a certificate of registration shall –

 (a) be made at least 15 days before its date of expiry;

 (b) be made and treated as a fresh application under paragraph (1).

(6) Every certificate of registration shall –

 (a) be kept by the trader on his trade premises, or, where he has no premises, in his possession whilst exercising his trade;

 (b) be produced on demand to an authorised officer.

5. 

_______________

SCHEDULE

[Regulation 2]

Fresh fish

Fresh fruits

Vegetables

_______________

Consumer Protection (Consumer Goods) (Maximum Mark-Up) Regulations 1998

[GN 150 of 1998 – 7 September 1998] [Sections 4 and 35]

1. These regulations may be cited as the Consumer Protection (Consumer Goods) (Maximum Mark-up) Regulations 1998.

2. In these regulations –

"Act" means the Consumer Protection (Price and Supplies Control) Act;

"bill of entry" means a declaration, whether written or electronic, made by or on behalf of an importer under the Customs Act;

"consumer goods" means any goods specified in the first column of the First Schedule;

"cost price" means the price of a consumer goods as determined in the manner specified in Part II of the Second Schedule;

"import" has the same meaning as in the Customs Act;

"importer", in relation to any consumer goods at the time of import, includes the owner of the consumer goods or his agent or any other person for the time being possessed of or beneficially interested in the consumer goods;

"manufacture" includes to make, prepare, produce, put in a container, label or pack, or cause to be made, prepared, produced, put into a container, labelled or packed;

"maximum mark-up" means the percentage determined by the Minister under regulation 5;

"maximum retail price", in relation to any consumer goods, means the aggregate of the cost price and the mark-up;

"pharmaceutical product" has the same meaning as in the Pharmacy Act;

"return" means the return as to the details of cost specified in the Second Schedule;

"simple drug" means any medicine or drug, the sale by retail of which is authorised in any place other than a pharmacy as specified in the Pharmacy Act;

"special allowance", in relation to any consumer goods, means the allowance determined by the Minister under regulation 5;

"type", in relation to any consumer goods, includes –

(a) make, brand and grade; and

(b) where the consumer goods are canned, tinned, packed or bottled, a can, tin, package or bottle, of any kind, weight or volume;

"wholesaler", in relation to any consumer goods, means a person who purchases the consumer goods from an importer or manufacturer for purposes of resale to a retailer.

3. (1) Every importer of consumer goods shall, before selling or supplying the consumer goods, and not later than 10 working days from the date of passing of the first bill of entry inwards of the consumer goods, submit to the Minister –

 (a) a return in the form set out in the Second Schedule in respect of the consumer goods;

 (b) every invoice, bill of lading, bill of parcel, bill of entry, letter of credit and other bank document, freight and insurance voucher relating to the importation of the consumer goods;

 (c) a separate return in the form set out in the Third Schedule for every type of consumer goods;

 (d) such other particulars or documents as the Minister may determine.

(2) No person shall, in respect of any consignment of any consumer goods, sell or supply the consumer goods unless he submits the return referred to in paragraph (1).

[Reg. 3 amended by reg. 3 of GN 225 of 2012 w.e.f. 14 December 2012.]

4. Every manufacturer of any consumer goods shall, before selling or supplying the consumer goods, submit to the Minister –

(a) certified copies of audited final accounts for the preceding financial year and, where the accounts of the preceding financial year have not yet been audited, a return of the cost of production duly certified by an auditor pending the submission of audited final accounts; and

(b) such other information as the Minister may determine.

5. (1) The Minister shall determine the maximum mark-up of, and the special allowance applicable to, any consumer goods.

(2) The maximum mark-up determined by the Minister under paragraph (1) shall be the percentage of the cost price added to the cost price of a consumer goods and specified in the second column of the First Schedule.

(3) The special allowance determined by the Minister under paragraph (1) shall –

 (a) be the allowance to cover any local charges borne by the importer or manufacturer of the consumer goods; and

 (b) not exceed the percentage of the c.i.f. value of the consumer goods; and

 (c) be that specified in the third column of the First Schedule.

6. (1) Where, on the date of submission of the return referred to in regulation 3 or 4, any importer or manufacturer has any existing stock of the same type of consumer goods, the Minister may direct that the weighted average cost price of the new consignment and of the existing stock shall, for the purposes of these regulations, be the cost price for the new consignment and the existing stock.

(2) Paragraph (1) shall not apply to pharmaceutical products.

7. (1) Where any importer, manufacturer or wholesaler of any consumer goods makes a sale of the consumer goods, he shall forthwith –

 (a) draw up the bill of sale in his book of sales;

 (b) sign the bill of sale drawn up under paragraph (a); and

 (c) issue the original of the bill of sale to the retailer.

(2) No retailer shall take delivery of any consumer goods which he has purchased from any importer or wholesaler of the consumer goods unless the importer or the wholesaler, as the case may be, has issued to him a bill of sale referred to in paragraph (1).

8. For the purpose of determining the cost price of any consumer goods, the importer shall use the currency conversion rate specified in the bill of entry referred to in regulation 3.

[Reg. 8 revoked and replaced by reg. 3 of GN 49 of 2001 w.e.f. 1 June 2001; reg. 3 of GN 45 of 2007 w.e.f. 7 April 2007.]

9. (1) Every importer shall affix a label to every pack, packet or container of the medicine, indicating legibly his name and the maximum retail price at which the medicine is to be dispensed, exposed, offered for sale or sold to consumers.

(2) No retailer or wholesaler shall take delivery of a medicine which he has purchased unless the price label referred to in paragraph (1) is affixed to the medicine.

(3) No person shall sell any free sample of a pharmaceutical product.

(4) No person shall, without the approval of the Minister, alter, erase, obliterate, remove, or in any way, tamper with the price label to be affixed under paragraph (1).

[Reg. 9 amended by reg. 3 of GN 62 of 2000 w.e.f. 6 May 2000.]

10. Every retailer who sells or supplies imported fresh fruits shall affix a label indicating conspicuously –

(a) the country of origin of the fresh fruit; and

(b) the maximum retail price per half kilo at which the fresh fruit shall be sold.

11. Any person who –

(a) contravenes these regulations;

(b) for the purposes of, or in connection with these regulations –

 (i) furnishes any information or produces any document which he knows or ought to have known to be false or misleading in a material particular;

 (ii) makes or causes to be made, or without reasonable excuse, has in his possession any writing which so closely resembles a document as to be likely to deceive;

 (iii) fraudulently alters a document;

 (iv) with intent to deceive, produces or makes use of a document which is false or misleading in a material particular or has been fraudulently altered;

 (v) delivers, produces, furnishes, sends or otherwise makes use of, for the purpose of determining the price of any goods, any document required under this Act which is false or misleading in a material particular or which has been fraudulently altered,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 3 years.

12. - 13. 

_______________

FIRST SCHEDULE

[Regulations 2 and 5]

Consumer goods

Maximum mark-up
(%)

Special allowance
(%)

Corned beef

19

(inclusive of 8 % retailer's mark-up on wholesale price)

1

Corned mutton (imported)

19

(inclusive of 8 % retailer's mark-up on wholesale price)

1

Corned mutton
(locally manufactured (ex-factory))

19

(inclusive of 8 % retailer's mark-up on wholesale price)

Imported fresh fruits

45

(inclusive of importer's and wholesale margin)

5

Infant milk powder

17

Pharmaceutical products and simple drugs

35

(inclusive of wholesale margin)

2

Pilchards

19

(inclusive of 8 % retailer's mark-up on wholesale price)

1

Timber

25

20

Tyres and tubes

25

6

[First Sch. amended by reg. 3 of GN 41 of 2000 w.e.f. 18 March 2000; reg. 3 of GN 82 of 2004 w.e.f. 24 June 2004; repealed and replaced by reg. 3 of GN 174 of 2004 w.e.f. 14 October 2004; amended by reg. 3 of GN 123 of 2005 w.e.f. 10 August 2005; reg. 3 of GN 173 of 2005 w.e.f. 1 October 2005; reg. 3 of GN 201 of 2005 w.e.f. 9 December 2005; reg. 3 of GN 180 of 2008 w.e.f. 15 September 2008.]

_______________

SECOND SCHEDULE

[Regulations 2, 3 and 4]

RETURN

PART I

Name of importer .............................................................................................................

Address of importer .........................................................................................................

Consumer goods (give description) ....................................................................................

Trade name .....................................................................................................................

Name of laboratory (for pharmaceutical products) ................................................................

Country of origin ..............................................................................................................

C.i.f. value as per invoice ..................................................................................................

Rate of exchange (as per receipt) .....................................................................................

Quantity invoiced and landed ............................................................................................

Date of importation – passing of first entry inwards .............................................................

Bill of entry number .........................................................................................................

Stock from previous consignment/s –

 

(a) in bonded warehouses ...................................................................................

 

(b) on trading premises .......................................................................................

PART II

 

To be filled by applicant
(Rs)

Office use
(Rs)

1. C.i.f value 

2. Customs duty

3. Special allowance

4. Cost price

5.* Importer's price

6.* Wholesale price/ctn

7.* Retail price/ctn

8.* Retail price/kg

9. Conversion ratio

Cost price

CIF/FOB

Note – *Items 5, 6, 7 and 8 shall apply only to importers of fresh fruits.

I/we ......................................................... of .................................................................

   (name of signatory)      (address)

importer/authorised agent of the importer of the consumer goods referred to above do hereby certify that –

(a) all the particulars given above are true and correct;

(b) no arrangement or understanding affecting the purchase price of the consumer goods specified in this return has been or will be made or entered into between the importer and the exporter or by anyone on behalf of either of them by way of discount, commission, rebate, compensation, or in any other manner whatsoever other than as fully shown on the invoice and as follows –

...........................................

(c) no application for refund of duty has been made; and

(d) the Ministry will be notified in case such application is made and refund of duty is obtained.

..............................     ...........................................

Date        Signature

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THIRD SCHEDULE

[Regulation 3]

Importer ...............................................................................................................................

Consumer goods .................................................................................................................

Description/ dimension

Quantity

Total c.i.f.

C.i.f.
per item

Conversion ratio on f.o.b./c.i.f.

Cost price per unit

Wholesale price (if applicable)

Maximum retail price

Maximum retail price+VAT (if applicable)

                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 

_________________

Consumer Protection (Consumer Goods) (Maximum Price) Regulations 1998

[GN 151 of 1998 – 7 September 1998] [Sections 3 and 35]

1. These regulations may be cited as the Consumer Protection (Consumer Goods) (Maximum Price) Regulations 1998.

2. In these regulations –

"Act" means the Consumer Protection (Price and Supplies Control) Act;

"bill of entry" means a declaration, whether written or electronic, made by or on behalf of an importer under the Customs Act;

"consumer goods" –

(a) means any goods specified in the First Schedule; and

(b) includes imported or locally manufactured goods;

"import" has the same meaning as in the Customs Act;

"importer", in relation to any consumer goods at the time of import, includes the owner of the consumer goods or his agent or any other person for the time being possessed of or beneficially interested in the consumer goods;

"manufacture" includes to make, prepare, produce, put in a container, label or pack, or cause to be made, prepared, produced, put into a container, labelled or packed;

"maximum price" means the prescribed maximum wholesale price or prescribed maximum retail price, as the case may be, at which a consumer goods shall be sold;

"type", in relation to any consumer goods, includes –

(a) make, brand and grade; and

(b) where the consumer goods are canned, tinned, bottled or packed, a can, tin, bottle or package of any kind, weight or volume;

"wholesaler", in relation to any consumer goods, means a person who purchases the consumer goods from an importer or manufacturer for purposes of resale to a retailer.

3. (1) Every person who imports or manufactures any consumer goods shall make an application to the Minister to fix the maximum price of the consumer goods.

(2) The Minister may, on receipt of an application made under paragraph (1), request the applicant to furnish such additional information as he may determine.

(3) The applicant shall, on receipt of the request under paragraph (2), comply with the request –

 (a) within the time limit specified in the request; or

 (b) where no time limit is specified in the request, within 15 days from the date of receipt of the request.

4. (1) Every importer of consumer goods shall, not later than 10 days from the date of passing of the first bill of entry inwards of the consumer goods, submit to the Minister –

 (a) a return in the form set out in the Second Schedule in respect of the consumer goods;

 (b) every invoice, bill of lading, bill of parcel, bill of entry, letter of credit and other bank document, freight and insurance voucher relating to the importation of the consumer goods;

 (c) such other particulars or documents as the Minister may determine.

(2) The Minister may refuse to act on any document referred to in paragraph (1) unless it is –

 (a) complete in all respects;

 (b) legible; and

 (c) duly certified or authenticated.

5. Every manufacturer of any consumer goods who makes an application under regulation 3 shall submit to the Minister, together with the application –

(a) certified copies of audited final accounts for the preceding financial year and, where the accounts of the preceding financial year have not yet been audited, a return of cost of production duly certified by an auditor pending the submission of audited final accounts; and

(b) such other information as the Minister may determine.

6. (1) On receipt of an application made under regulation 3, the Minister may, where he is satisfied that the maximum wholesale and maximum retail prices of the consumer goods have to be fixed, grant the application on such conditions as he may determine, and communicate his decision to the importer or manufacturer by way of a permit.

(2) No importer shall, in respect of the consignment of any consumer goods, sell or supply the consumer goods unless he holds the permit specified in paragraph (1) in respect of that consignment.

7. 

8. Any person who –

(a) contravenes these regulations;

(b) for the purposes of, or in connection with these regulations –

 (i) furnishes any information or produces any document which he knows or ought to have known to be false or misleading in a material particular;

 (ii) makes or causes to be made, or without reasonable excuse has in his possession, any writing which so closely resembles a document as to be likely to deceive;

 (iii) fraudulently alters a document;

 (iv) with intent to deceive, produces or makes use of a document which is false or misleading in a material particular or has been fraudulently altered;

 (v) delivers, produces, furnishes, sends or otherwise makes use of, for the purpose of determining the price of any goods, any document required under this Act which is false or misleading in a material particular or which has been fraudulently altered,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 3 years.

9. 

_______________

FIRST SCHEDULE

[Regulation 2]

CONSUMER GOODS IN RESPECT OF WHICH THE MAXIMUM WHOLESALE AND RETAIL PRICES HAVE TO BE DETERMINED

Bread

Dual Purpose Kerosene (DPK)

Fertilizers

Flour, including wholewheat flour

Rice, excluding luxury rice

[First Sch. revoked and replaced by reg. 3 of GN 13 of 2000 w.e.f. 22 January 2000; reg. 3 of GN 18 of 2000 w.e.f. 4 February 2000; reg. 3 of GN 39 of 2000 w.e.f. 18 March 2000; reg. 3 of GN 122 of 2000 w.e.f. 7 September 2000; reg. 3 of GN 131 of 2000 w.e.f. 23 September 2000; reg. 3 of GN 102 of 2004 w.e.f. 29 July 2004; reg. 3 of GN 112 of 2004 w.e.f. 30 July 2004; reg. 3 of GN 76 of 2006 w.e.f. 3 July 2006; reg. 3 of GN 43 of 2007 w.e.f. 7 April 2007; reg. 3 of GN 165 of 2007 w.e.f. 1 October 2007; amended by reg. 3 of GN 195 of 2007 w.e.f. 1 November 2007; reg. 3 of GN 284 of 2008 w.e.f. 1 January 2009; reg. 3 of GN 129 of 2011 w.e.f. 1 July 2011.]

_______________

SECOND SCHEDULE

[Regulation 4]

RETURN

PART I

Name of importer ................................................................................................................

Address of importer ............................................................................................................

Commodity ........................................................................................................................

Trade name and type ..........................................................................................................

Country of origin .................................................................................................................

C.i.f. value as per invoice .....................................................................................................

Rate of exchange (as per receipt) .........................................................................................

Quantity invoiced and landed ...............................................................................................

Date of importation – passing of first entry inwards ................................................................

Bill of entry number ............................................................................................................

Present wholesale price ......................................................................................................

Present retail price .............................................................................................................

Stock from previous consignment/s ......................................................................................

PART II

 

To be filled by applicant
(Rs)

Office use

(Rs)

C.i.f. value

   

Customs duty

   

Bank charges (commission, interest etc.)

   

Landing and other charges

   

Ports charges

   

Fees for customs clearance

   

Transport ex-customs warehouse

   

Landed cost

   

Landed cost per dozen

   

Miscellaneous (one per cent)

   

Wholesaler's profit

   

Wholesale price of consignment

   

Wholesale price per kg

   

Retailer's profit

   

Retail price per unit/kg

   

VAT (where applicable)

   

I/we, ................................................................., of .......................................................,

  (name of signatory

)    (address)

importer/authorised agent of the importer of the commodity referred to above do hereby certify that –

(a) all the particulars given above are true and correct;

(b) no arrangement or understanding affecting the purchase price of the consumer goods specified in this return has been or will be made or entered into between the importer and the exporter or by anyone on behalf of either of them by way of discount, commission, rebate, compensation, or in any other manner whatsoever other than as fully shown on the invoice and as follows –

...........................................

(c) no application for refund of duty has been made; and

(d) the Ministry will be notified in case such application is made and refund of duty is obtained.

(Insert particulars of any special arrangement here)

......................................       ...........................................

 Date         Signature

_______________

PART III

FOR OFFICIAL USE

The maximum wholesale price of ..... rupees and maximum retail price of ..... rupees are recommended. The reasons for the price increase/price reduction are as follows –

..............................................................................................................................................................................................................................................................................................

Prepared by ...............................

.............................................................................

Name and signature of examining officer

_______________

Consumer Protection (Control of Imports) Regulations 1999

[GN 135 of 1999 – 30 August 1999] [Section 35]

1. These regulations may be cited as the Consumer Protection (Control of Imports) Regulations 1999.

2. In these regulations –

"authorised dealer" has the same meaning as in the Consumer Protection (Importation and Sale of Second-hand Motor Vehicles) Regulations 2004;

"bonded warehouse" has the same meaning as in the Customs Act;

"bull bar" means any structure, made of steel, stainless steel, aluminium, or any other alloy, metal or other hard material, in the nature of a crash bar fitted to the front or the rear of a vehicle, whether it is an integral part of the original design of the vehicle or not;

"bunker fuels" means the petroleum oils specified in Part I of the First Schedule, corresponding specifications set out in Parts II to IV of that Schedule;

"classic or vintage motor car" means a motor car which has been registered before 1 January 1970;

"controlled goods" means the goods specified in the Second Schedule;

"customs territory"–

(a) means that part of Mauritius over which customs authority is exercisable, excluding a freeport zone;

(b) with respect to fit import of rough diamonds, includes a freeport zone; and

(c) with respect to bunker fuels, includes a freeport zone, or any other storage infrastructure, whether onshore or at sea, intended to replenish seagoing vessels with bunker fuels;

"date of shipment" means the date of –

(a) a Bill of Lading;

(b) an Airway Bill or the flight appearing therein, whichever is the later;

(c) a Postal Receipt;

(d) a Notice of Arrival of goods issued by an organisation providing a courier service;

"effective date" means the date on which –

(a) all information, particulars and documents required in respect of an application for an import permit under regulation 5 or an approval to remove any controlled goods from the Customs under regulation 10 are submitted by the applicant; and

(b) the Permanent Secretary obtains from any person consulted under regulation 5(4) such information or clearance as he may require;

"freeport zone" has the same meaning as in the Freeport Act;

"hook of small size" has the same meaning as in the Fisheries and Marine Resources (Prohibition of the Use of Hooks of Small Size) Regulations 2011;

"H.S. Code" means the H.S. Code referred to in the Customs Tariff Act;

"import" –

(a) means bring into the customs territory or cause to be brought into the customs territory; and

(b) includes the removal of goods from the freeport zone for the local market;

"import permit" means the import permit referred to in regulation 4;

"individual importer" means any person, other than an authorised dealer, importing a second-hand motor vehicle for his bona fide personal use;

"motor car" has the same meaning as in the Road Traffic Act;

"motor vehicle" has the same meaning as in the Road Traffic Act;

"originating from Japan" means any second-hand motor vehicle parts and accessories or any second-hand, used/reconditioned, motor vehicle specified in item 4A of the Third Schedule and exported from Japan –

(a) directly to Mauritius; or

(b) to Mauritius and passing through any other country on their voyage to Mauritius, whether transhipped in that other country or not;

"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of commerce;

"plastic carry bag" has the same meaning as in the Environment Protection (Plastic Carry Bags) Regulations 2004;

"prohibited goods" means the goods specified in the Fourth Schedule;

"Radiation Protection Authority" means the Radiation Protection Authority established under section 4 of the Radiation Protection Act;

"remove" means to remove from –

(a) the customs territory;

(b) a freeport zone through the customs territory;

(c) a bonded warehouse; or

(d) in relation to bunker fuels, to remove from any storage infrastructure, whether onshore or at sea, intended to replenish seagoing vessels with bunker fuels, on payment of all duty and taxes;

"transhipment" has the same meaning as in the Customs Act;

"value" has the same meaning as in the Customs Act.

[Reg. 2 amended by reg. 3 of GN 47 of 2000 w.e.f. 1 April 2000; reg. 3 of GN 3 of 2003 w.e.f. 1 January 2003; reg. 3 of GN 39 of 2003 w.e.f. 1 April 2003; reg. 3 of GN 185 of 2003 w.e.f. 11 October 2003; reg. 3 of GN 66 of 2004 w.e.f. 3 June 2004; reg. 3 of GN 191 of 2004 w.e.f. 18 November 2004; reg. 3 of GN 195 of 2004 w.e.f. 1 December 2004; reg. 3 of GN 51 of 2009 w.e.f. 30 May 2009; reg. 3 of GN 79 of 2011 w.e.f. 23 May 2011; reg. 3 of GN 147 of 2011 w.e.f. 1 August 2011; reg. 3 of GN 173 of 2011 w.e.f. 8 October 2011; reg. 3 of GN 221 of 2012 w.e.f. 1 January 2013; reg. 3 of GN 87 of 2013 w.e.f. 22 April 2013; reg. 2 of GN 103 of 2013 w.e.f. 16 May 2013; reg. 3 of GN 298 of 2013 w.e.f. 1 January 2014.]

3. No person shall import any prohibited goods.

4. Subject to regulation 7, no person shall import any controlled goods unless he holds an import permit.

4A. –

[Reg. 4A inserted by reg. 4 of GN 79 of 2011 w.e.f. 23 May 2011; revoked by reg. 3 of GN 56 of 2012 w.e.f. 16 April 2012.]

5. (1) Any person who imports any controlled goods shall apply for an import permit from the Permanent Secretary.

(2) The application shall –

 (a) be made in triplicate;

 (b) be made in the form set out in the Fifth Schedule.

(3) Subject to regulation 9, an application shall be submitted to the Permanent Secretary –

 (a) before the shipment of the controlled goods; or

 (b) in relation to goods in the freeport zone, before the removal of any controlled goods from the freeport zone.

(4) The Permanent Secretary may, before issuing a permit –

 (a) consult such person as he considers necessary;

 (b) request the applicant to furnish such additional information or document as he may reasonably require.

(5) The Permanent Secretary shall, in relation to the goods set out in the second column of the Sixth Schedule, grant an import permit, subject to the restrictions set out in the third column of the Sixth Schedule.

(6) The Permanent Secretary shall, in relation to the goods set out in the second column of the Third Schedule, grant an import permit subject to the conditions set out in the third column of the Third Schedule.

(6A) (a) The security required to be given by an authorised dealer pursuant to item 4A(iii) of the Third Schedule shall not, at any time, cover more than 20 import permits.

 (b) No import permit shall, in respect of which security is required pursuant to item 4A(iii) of the Third Schedule, be issued to an authorised dealer where, at the time of an application for a permit, the number of vehicles –

  (i) to be imported; and

  (ii) already imported and which have not been certified to be free from removable radioactive surface contamination by the Radiation Protection Authority, exceed 20.

(7) The Permanent Secretary may refuse to issue an import permit where the importer fails to comply with these regulations.

[Reg. 5 amended by reg. 4 of GN 147 of 2011 w.e.f. 1 August 2011; reg. 4 of GN 87 of 2013 w.e.f. 22 April 2013; reg. 4 of GN 103 of 2013 w.e.f. 16 May 2013.]

6. (1) An import permit shall –

 (a) be valid for a maximum period of 12 months;

 (b) not be transferable;

 (c) relate to the goods specified in the permit; and

 (d) be subject to any condition that the Permanent Secretary may impose.

(2) Any controlled goods shall be shipped on or after the date of the import permit but not after the date of validity of the permit.

(3) The Permanent Secretary may, where the holder of the permit makes a written request to that effect, amend any of the following matters contained in the permit –

 (a) the quantity of goods;

 (b) the value of the goods;

 (c) the country of origin;

 (d) the country from which goods are consigned;

 (e) the name and address of the beneficiary;

 (f) the mode of payment; and

 (g) the name of the bank.

(4) An import permit issued under these regulations shall be without prejudice to the obligation of the importer to comply with any other enactment in force in Mauritius relating to the goods covered by the import permit.

(5) The Permanent Secretary may cancel an import permit if he is satisfied that the holder of the permit no longer requires the permit.

(6) Subject to regulation 8(2), no person other than the holder of the import permit shall retain the permit in his custody.

[Reg. 6 amended by reg. 4 of GN 47 of 2000 w.e.f. 1 April 2000; reg. 4 of GN 195 of 2004 w.e.f. 1 December 2004; reg. 5 of GN 79 of 2011 w.e.f. 23 May 2011.]

7. No import permit shall be required in respect of the following controlled goods –

(a) household and personal effects of a passenger, excluding second-hand vehicles and second-hand equipment and tools for commercial or industrial use;

(b) samples of no commercial value involving no transfer of funds;

(c) goods for shipstores and transhipment excluding bunker fuels;

(d) goods donated to the Government of Mauritius by a foreign Government.

[Reg. 7 amended by reg. 5 of GN 195 of 2004 w.e.f. 1 December 2004; reg. 4 of GN 298 of 2013 w.e.f. 1 January 2014.]

8.(1) No bank shall, in respect of the importation of any controlled goods, open a letter of credit or effect any payment in foreign currency in favour of any person except on production of the original import permit.

(2) The bank shall retain the original import permit produced under paragraph (1).

9. (1) Subject to paragraph (2), the Permanent Secretary may, on good cause shown by the importer in respect of controlled goods already imported, grant an import permit subject to the payment by the importer to the Accountant-General of a fee of –

 (a) subject to subparagraph (aa), 60,000 rupees in the case of a second-hand motor vehicle;

 (aa) 120,000 rupees in the case of a vehicle specified at item 4A of the Third Schedule;

 (b) 6,000 rupees in the case of any other controlled goods.

(2) (a) The fee of 60,000 rupees payable under paragraph (1)(a) shall not apply to the categories of importers specified in Part I of the Seventh Schedule.

(b) The fee of 6,000 rupees payable under paragraph (1)(b) shall not apply to the categories of importers specified in Part II of the Seventh Schedule.

[Reg. 9 revoked and replaced by reg. 4 of GN 39 of 2003 w.e.f. 1 April 2003; reg. 3 of GN 69 of 2003 w.e.f. 1 April 2003; reg. 6 of GN 195 of 2004 w.e.f. 1 December 2004; amended by reg. 6 of GN 79 of 2011 w.e.f. 23 May 2011; reg. 3 of GN 13 of 2013 w.e.f. 1 January 2013.]

10. (1) No person shall remove any controlled goods from the customs unless –

 (a) he holds an import permit; and

 (b) he obtains the written approval of the Permanent Secretary.

(2) The Permanent Secretary may, for the purpose of granting an approval under paragraph (1), request the importer to furnish the original and one copy of the relevant invoice of the goods together with the original and one copy of the related Bill of Lading or Airway Bill or other document of title acceptable to the Permanent Secretary, or postal receipt or the notice of arrival of goods issued by an organisation providing a courier service, as the case may be, and such additional information or document as he may reasonably require and consult such person as he considers necessary.

(3) (a) Subject to subparagraphs (b), (c) and (f), the Permanent Secretary shall grant an approval subject to such conditions as he may determine and, in relation to goods specified in the second column of the Third Schedule, subject to the additional conditions specified in the third column of that Schedule.

 (b) Subject to the Third Schedule, where an importer fails to furnish the pre-shipment inspection certificate required at item 4(a)(vii), (b)(iii), (c)(vii) and (d)(ix) of the Third Schedule, the Permanent Secretary shall grant an approval to the importer subject to –

  (i) the payment of a fee of 20,000 rupees to the Accountant-General;

  (ii) the vehicle being inspected by the local branch of Bureau Veritas or Société Générale de Surveillance or any local inspection body acceptable by the Permanent Secretary; and

  (iii) the submission of a certificate of inspection carried out under subparagraph (ii) which shall be in the form set out in the Eighth Schedule.

 (c) (i) The Permanent Secretary shall, in addition to the other conditions specified under these regulations, grant an approval in relation to a vehicle specified in item 4A of the Third Schedule where –

   (A) the importer furnishes an original Certificate of Conformity required under item 4(A)(i) of the Third Schedule; and

   (B) the imported vehicle is certified to be free from removable radioactive surface contamination by the Radiation Protection Authority.

  (ii) Where an importer fails to furnish a Certificate of Conformity required under item 4A(i) of the Third Schedule, the Permanent Secretary shall not grant an approval unless –

   (A) the imported vehicle is certified to be free from removable radioactive surface contamination by the Radiation Protection Authority; and

   (B) a payment of 120,000 rupees is made to the Accountant-General.

  (iii) Where an imported second-hand, used/reconditioned, motor vehicle is certified not to be free from removable radioactive surface contamination by the Radiation Protection Authority, the Permanent Secretary shall not give an approval.

 (d) Subject to subparagraph (e), where the date of issue of the import permit is after the date of shipment of a second-hand motor vehicle or of any other controlled goods, the Permanent Secretary may grant an approval subject to payment by the importer to the Accountant-General of a fee of –

  (i) 60,000 rupees in the case of a second-hand motor vehicle;

  (ii) 6,000 rupees in the case of any controlled goods other than second-hand motor vehicles.

 (e) The fees of 60,000 rupees and 6,000 rupees payable under subparagraph (d) shall not apply to importers referred to in Parts I and II of the Seventh Schedule, respectively.

 (f) The Permanent Secretary shall, in addition to the other relevant conditions specified in these regulations, grant an approval in relation to bunker fuels if –

  (i) on arrival in the customs territory, the bunker fuels are inspected by the local branch of such independent international inspection body or local inspection body as the Permanent Secretary may approve; and

  (ii) the importer submits a certificate issued by an inspecting body, referred to in subparagraph (i), which indicates that the bunker fuels comply with the specifications set out in Parts II to IV of the First Schedule, as the case may be.

[Reg. 10 amended by reg. 5 of GN 39 of 2003 w.e.f. 1 April 2003; reg. 4 of GN 69 of 2003 w.e.f. 1 April 2003; reg. 7 of GN 195 of 2004 w.e.f. 1 December 2004; reg. 7 of GN 79 of 2011 w.e.f. 23 May 2011; reg. 3 of GN 150 of 2011 w.e.f. 6 August 2011; reg. 3 of GN 166 of 2011 w.e.f. 20 September 2011; reg. 4 of GN 13 of 2013 w.e.f. 1 January 2013; reg. 5 of GN 87 of 2013 w.e.f. 22 April 2013; reg. 5 of GN 103 of 2013 w.e.f. 16 May 2013; reg. 3 of GN 183 of 2013 w.e.f. 15 July 2013; reg. 5 of GN 298 of 2013 w.e.f. 1 January 2014.]

11. (1) Subject to paragraph (2), the Permanent Secretary shall not approve the removal of goods under regulation 10 if –

 (a) the importer does not produce the documents specified in regulation 10(2);

 (b) the importer does not produce the additional information or other document referred to in regulation 10(2);

 (c) after consulting any person, the Permanent Secretary is satisfied that the removal of goods cannot be approved.

(2) For the purpose of approving the removal of goods from the Customs, the Permanent Secretary may, in the absence of the original invoice and the relevant shipping documents, accept –

 (a) an invoice and a bill of lading, an airway bill, a postal receipt or a notice of arrival of goods issued by an organisation providing a courier service which have been received from overseas through a facsimile apparatus; or

 (b) the original Customs provisional bill of entry and the final Customs bill of entry.

[Reg. 11 amended by reg. 6 of GN 39 of 2003 w.e.f. 1 April 2003; reg. 8 of GN 195 of 2004 w.e.f. 1 December 2004.]

11A. (1) Notwithstanding these regulations, the Permanent Secretary may authorise the performance of any act or thing required to be done under these regulations to be made or done electronically through such computer system via the TradeNet, as he may approve.

(2) For the purpose of this regulation –

 "TradeNet" has the same meaning as in the Customs (Use of Computer) Regulations 1997.

(3) With effect from such date as may be notified in the Gazette, <

[Reg. 11A inserted by reg. 3 of GN 89 of 2000 w.e.f. 1 July 2000.]

11B.  (1) Where any imported second-hand, used/reconditioned, motor vehicle or any second-hand motor vehicle parts and accessories originating from Japan are certified not to be free from removable radioactive surface contamination by the Radiation Protection Authority, the importer shall, at its own expense, return the contaminated vehicle or contaminated parts and accessories to its supplier not later than 2 months from the date the vehicle or parts and accessories are found to be contaminated.

(2) Any person who, without reasonable excuse, fails to return any contaminated vehicle or contaminated parts and accessories within the period specified under paragraph (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 120,000 rupees and to imprisonment for a term not exceeding 3 years.

[Reg. 11B inserted by reg. 8 of GN 79 of 2011 w.e.f. 23 May 2011; amended by reg. 4 of GN 56 of 2012 w.e.f. 16 April 2012; reg. 5 of GN 13 of 2013 w.e.f. 1 January 2013; revoked by reg. 6 of GN 87 of 2013 w.e.f. 22 April 2013; inserted by reg. 6 of GN 103 of 2013 w.e.f. 16 May 2013.]

11C. No security by means of a bank guarantee, issued by the Bank in Mauritius for the purposes of these regulations shall be released unless the Permanent Secretary approves in writing.

[Reg. 11C inserted by reg. 8 of GN 79 of 2011 w.e.f. 23 May 2011; revoked by reg. 6 of GN 87 of 2013 w.e.f. 22 April 2013; inserted by reg. 6 of GN 103 of 2013 w.e.f. 16 May 2013.]

11D.  

12. - 13. 

_______________

FIRST SCHEDULE

[Regulations 2 and 10(3)]

BUNKER FUELS

PART I

High speed diesel (GAS OIL) 0.25% sulphur

Fuel oil HSFO 180 CST catalytic cracked product

Fuel oil HSFO 380 CST

PART II - HIGH SPEED DIESEL (GAS OIL) 0.25% SULPHUR

Characteristics

Units

Limits

Test Methods

Visual appearance

 

Clear + bright

 

CETANE NUMBER

 

Min. 49

ASTM D 613-08

Acid number, strong

mg KOH/g

Max. NIL

ASTM D 974-08

Acid number, total

mg KOH/g

Max. 0.25

ASTM D 974-08

Ash

W

Max. 0.01

ASTM D 482-07

Carbon residue, ramsbottom on 10% residue

%W

Max. 0.20

ASTM D 524-04

Cloud point

°C

Max. 15.5

ASTM D 2500-05/D5771-05

Colour, ASTM

 

Max. 2.50

ASTM D 1500-07/ ASTM D 6045-04

Corrosion, copper strip 3h at 100°C

 

Max. No.1

ASTM D 130-04

Distillation 50% recovered at

°C

To Report

ASTM D 86-07b

Distillation 90% recovered at

°C

Max. 366

 

Distillation 95% recovered at

°C

Max. 385

 

Flash point, PMC

°C

Min. 66

ASTM D 93-08

Pour point

°C

Max. 6

ASTM D 97-081D

5949-01

Density at 15°C

Kg/L

Min. 0.82

Max. 0.860

ASTM D 1298-99

(2005)/ D4052-96

(2002)

Sediment

%W

Max. 0.01

ASTM D 473-07

Sulphur

%W

Max. 0.25

ASTM D - 4294-03

Viscosity, kinematic at 40°C

CST

Min. 2

Max. 4.5

ASTM D 445-06

Water

%V

Max. 0.05

ASTM D 4377-00(11)

Conductivity at 20°C

Ps/m

Min. 75

Max. 350

D2624-07

CFPP

°C

Max. 0°C

IP309-9

PART III – FUEL OIL HSFO 180 CST CATALYTIC CRACKED PRODUCT

Characteristics

Units

ISO/IP Methods

Min

Max

Density at 15°C

kg/l

IP 160-99

 

0.990

Kinematic viscosity at 50°C

CST

ISO 3104-1994

 

172.1

Sulphur content

% (rn/m)

ISO 8754-2003E

 

3.5

Pour point

°C

ISO 3016-1994E

 

15

Flash point (PMCC)

°C

ISO 2719-2002E

64

 

Water

% (v/v)

ISO 3733-1999

 

0.38

Carbon residue

% (m/m)

ISO 10370-1993E

 

14.1

Ash

% (m/m)

ISO 6245-200IE

 

0.08

Vanadium

mg/kg

XTD ISO 10478-1994

 

194

Aluminium plus silicon

mg/kg

ISO 10478-1994

 

56

Total sediment, potential

% (m/m)

ISO 10307-2-1993E Procedure B

 

0.08

Total sediment, existent

% (m/m)

ISO 10307-1-1993

 

0.08

Total sediment, differential

% (m/m)

Calculations

 

0.5

Strong acid number

mg/KOH/g

ISO 6618-1997/IP139-98(2004)

 

NIL

Total acid number

mg/KOH/g

ISO 6619-1988/IP177-96(2004)

 

2.7

Zinc

mg/Kg

IP 501-05/ICP-MS

 

12

Phosphorous

mg/Kg

IP 501-05/ICP-MS

 

12

Calcium

mg/Kg

IP 501-05/ICP-MS

 

26

CCAI

 

Calculations

 

859

H2S (liquid phase)

PPM

ASTM D 7621-2010 or IP 570-2011

 

2

PART IV – FUEL OIL HSFO 380 CST

Characteristics

Units/ASTM
test method

Typical
values

Maximum
values

Kinematic viscosity

mm2/s at 50°C - D 445-06

225 to 380

380

Density

Kg/L at 15°C - D 1298-
99(2005)/D 4052-96 (2002)

0.98

0.99

Ash

% mass - D 482-07

0.05

0.1

Micro carbon residue

% mass - D 4530-07

16

19

Total sediment potential (TSP)

% mass - IP390-94 (2004) (Procedure B)

0.15

0.20

Vanadium

mg/kg (PPM) - AAS GF/
IP 433-2000 (2010)

100

200

Sodium

mg/kg (PPM)
ASTM D 1318-00 (2011)

50

100

Sulphur

% mass - D 4294-03

3%

4%

Water content

% Volume - D 95-05

0.5

1

Flash point

°C - D 93-08

66 (Min.)

-

Pour point*

°C-ASTM-D5950-02(2007)

9

21

Asphaltenes

% mass - IP 143-03

-

14

Gross calorific value

KJ/kg - ASTM 4868-00(2005)

42 000

-

CCAI

 

830

850

AI + Si

mg/kg - AAS GF

<<10

30

* Pour point value preferably in multiples of 3

[First Sch. added by reg. 8 of GN 298 of 2013 w.e.f. 1 January 2014.]

_______________

SECOND SCHEDULE

[Regulation 2]

LIST OF CONTROLLED GOODS

PART I – GENERAL GOODS

H.S. Code

Description of Goods

11.01 Wheat or meslin flour
25.01 Salt

 

 

2523.21

2523.29

Portland Cement

27.09

Petroleum oils and oils obtained from bituminous minerals crude

27.10

Petroleum oils and oils obtained from bituminous minerals other than crude oil, white spirit, lubricating oil and greases

1006.40

Broken rice

1006.101

Basmati rice in the husk (paddy or rough)

1006.109

Other rice in the husk (paddy or rough)

1006.201

Basmati husked (brown) rice

1006.209

Other husked (brown) rice

1006.301

Basmati semi-milled or wholly milled rice whether or not polished or glazed

1006.309

Other semi-milled or wholly milled rice whether or not polished or glazed

3604.10

Fireworks, including fireworks commonly known as pétards

3811.90

Potassium-based additive

6506.101

Motor-cyclists' helmets (crash helmets)

 

Articles of asbestos-cement –

6811.10

Sheets

6811.30

Pipes, tubes and accessories, fittings

6811.20

Tiles

6811.90

Flowering pots

6811.20

Panels

6811.90

Washbasins

6811.90

Chimney cowls

6811.90

Gutters of asbestos cement

6811.90

Sign plates, sinks, letters and numbers

6811.90

Structural frames

6811.90

Washers, troughs

6811.90

Window frames, window sills reservoirs

 

Articles of asbestos fibres and of mixtures with a basis of asbestos –

6812.50

Thread, knitted and woven fabric, clothing headgear, Footwear, clothing accessories

6812.60

Paper, millboard and felt of asbestos and asbestos mixtures

6812.70

Compressed asbestos fibre jointing

6812.90

Cords, strings

6813.10

Brake linings, brake pads

6813.90

Friction material and articles thereof (valves, filters, clutch facings and gaskets)

7102.10

Rough diamonds (other than those imported from Liberia)

7102.21

7102.31

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