Fair Trading Act

Basmati Rice (Control of Sale) Regulations 2012

[GN 53 of 2012 – 1 June 2012] [Section 8]

1. These regulations may be cited as the Basmati Rice (Control of Sale) Regulations 2012.

2. In these regulations –

"basmati rice" means the variety of long-grain or extra long-grain rice, specified in MS177-2011, which is grown exclusively in specific areas of the Indo-Gangetic Plains, which include Punjab (on both sides of the Indian and Pakistani border) and Jammu, Haryana, Uttaranchal and Western Uttar Pradesh in the Republic of India;

"certificate of authenticity" means the certificate referred to in regulation 3;

"distributor" –

(a) means any person engaged in the sale of basmati rice to a wholesale dealer or retailer; and

(b) includes a person engaged in the packing or storage of basmati rice;

"importer" means the holder of an import permit issued under the Consumer Protection (Control of Imports) Regulations 1999, authorising him to import basmati rice;

"local packer" means a person who pre-packs basmati rice locally or causes basmati rice to be pre-packed locally;

"MS177-2011" means the Mauritian Standard for Basmati Rice as published in General Notice No. 439 of 2011.

3. (1) No importer shall import, or have in his possession, basmati rice which –

 (a) is not covered by a valid certificate of authenticity; or

 (b) does not conform to the standards specified in MS177-2011.

(2) Every local packer shall hold a Mauricert licence issued under section 20
of the Mauritius Standards Bureau Act.

(3) A certificate of authenticity shall, in respect of basmati rice produced in the country specified in the first column of the Schedule, be issued by the corresponding authority specified in the second column of the Schedule.

(4) The certificate of authenticity shall include –

 (a) (i) the full name and address of the exporter;

  (ii) the full name and address of the consignee;

  (iii) the country and place of cultivation;

  (iv) the freight on board (FOB) value in US dollars;

  (v) the number and date of invoice;

  (vi) the marks and numbers, including the reference and number of batch;

  (vii) the description of rice, including information on its variety;

  (viii) the number and kind of packages, including the number and weight of packages;

  (ix) the gross weight in kilogrammes; and

  (x) the net weight in kilogrammes;

 (b) a declaration by the exporter that the information supplied in the certificate is correct;

 (c) certification from the issuing authority that the rice is basmati rice and that the information in the certificate is correct;

 (d) certification by the competent customs office of the country of origin.

(5) A trader shall provide such other information as the Permanent Secretary may require.

4. No trader shall have in his possession, sell, display, offer for sale, distribute or deliver basmati rice which does not conform to the standards specified in MS177-2011.

5. (1) Every importer or distributor shall –

 (a) keep a record of every purchase, sale or delivery of basmati rice for a period of one year from the transaction; and

 (b) at the request of an authorised officer, produce –

  (i) the record referred to in subparagraph (a); and

  (ii) a certificate of authenticity in respect of the basmati rice supplied by him.

(2) The authorised officer may retain a copy of the certificate of authenticity produced to him under paragraph (1).

(3) The record referred to in paragraph (1)(a) shall include –

 (a) the description and weight of the basmati rice;

 (b) the full name and address of the person from whom the basmati rice is purchased or received, or to whom the basmati rice is sold or delivered, as the case may be;

 (c) the date of sale, purchase, delivery or receipt of the basmati rice, as the case may be;

 (d) the price paid or payable in respect of the basmati rice; and

 (e) such other particulars as the Permanent Secretary may determine.

6. No trader shall sell any basmati rice unless the packaging bears a conspicuous label in conformity with the standard specified in paragraph 8 of MS177-2011.

7. (1) Where an authorised officer has reasonable grounds to believe that any basmati rice is not in compliance with the standard specified in MS177-2011, he may collect a sample of the rice and request the Mauritius Standards Bureau to carry out an examination to ascertain the conformity of the goods with the required standards.

(2) Where an examination is carried out under paragraph (1), the testing fee shall be borne –

 (a) in case the rice meets the required standards, by the Ministry; and

 (b) in case the rice does not meet the required standards, by the trader.

(3) Where any sample of rice collected under paragraph (1) does not meet the standard specified in MS177-2011, the whole lot or batch of rice from which the sample was taken shall be taken not to conform to the said standards and the Consumer Affairs Unit of the Ministry shall seize the whole consignment and dispose of it as the Minister may determine.

(4) Where the consignment does not conform to the required standards, the cost of its disposal shall be borne by the importer.

8. 

_______________

SCHEDULE

[Regulation 2]

Country

Name and address of Authority

Islamic Republic of Pakistan

Quality Review Committee operating under the aegis of the Rice Exporters Association of Pakistan (REAP), Islamic Republic of Pakistan

Republic of India

The Directorate of Marketing and Inspection, Ministry of Agriculture, Department of Agriculture and Cooperation, A Block, CGO Complex, Faridabad, Haryana, Republic of India

The Export Inspection Council of India (Corporate Office) (Department of Commerce), Ministry of Commerce and Industry, Government of India, 3rd Floor-NDYMCA Cultural Centre Building, 1, Jaisingh Road, New Delhi-110001, Republic of India

_______________

Commodities (Indication of Origin) Regulations 1981

[GN 170 of 1981 – 1 December 1981] [Section 8]

1. These regulations may be cited as the Commodities (Indication of Origin) Regulations 1981.

2. In these regulations –

"commodity" means an item specified in the Schedule;

"container" includes any package, cask, bottle, vessel, box, capsule, frame, case, wrapper or any other receptacle in which a commodity is presented or prepared for sale;

"country of origin", in relation to a commodity, means the country in which the commodity was manufactured or in which the final process of manufacture tookplace;

"label" means any writing indelibly or otherwise permanently impressed upon, woven, sewn, worked into, affixed to, or otherwise marked on, a commodity or a container of a commodity;

"manufacture" means assemble, make, prepare, produce, put into a container, acommodity by any process;

"mark" has the same meaning as in the Patents Industrial Designs and Trademarks Act.

3. (1) No trader shall import a commodity for sale in Mauritius unless at the time of its importation –

 (a) the commodity bears a conspicuous label indicating the country of origin of the commodity; or

 (b) where the nature of the commodity is such that subparagraph (a) may not be complied with, the container of the commodity bears a conspicuous label indicating the country of origin of the commodity.

(1A) (a) Where paragraph (1) is not compiled with, the Minister may authorise an importer to affix locally a label indicating the country of origin of an imported commodity provided a certificate of origin is produced.

 (b) A label under subparagraph (a) shall be affixed under the supervision of an authorised officer before clearance from customs.

(2) Where a trader imports a commodity for sale in Mauritius for further processing or repacking, he shall affix a conspicuous label –

 (a) on –

  (i) the finished commodity; or

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.