1. This Act may be cited as the Food Storage
and Prevention of Infestation Act.
2.
In this Act -
“analyst” means an analyst appointed pursuant
to section 3;
“article
to which this Act applies” includes –
(a) any food; and
(b) anything used for the manufacture, preparation, packing,
storing or keeping of any such food;
“container”
includes sacks, boxes, tins and other similar articles;
“food”
includes any substance ordinarily used in the composition
or preparation of food, the seeds of any cereal or vegetable,
and any feeding stuffs for animals, but does not include
growing crops;
“infestation”
means the presence of rodents, insects, mites or fungi in
numbers or under conditions which involve an immediate or
potential risk of loss of or damage to food;
“inspector”
means an inspector appointed under section 3;
“manufacture”
includes processing;
“the
Minister” means the Minister responsible for trade;
“place”
includes premises;
“poisoning”
includes contamination;
“prescribed
article” means any article declared by the Minister
by order made pursuant to section 5 to be a prescribed article
for the purposes of this Act;
“vehicle”
includes any vessel or aircraft.
3.
- (1) The Governor-General may from time to time appoint
such officers, including inspectors and analysts as appear
to him to be necessary or expedient for the purposes of
this Act, and in relation to every inspector, shall in the
instrument of appointment specify the powers exercisable
by him pursuant sections 4 and 5.
(2) There shall be defrayed out of sums provided for the
purpose in the annual Estimates of Revenue and Expenditure
of the Island all expenses properly incurred in the administration
of this Act.
4.
- (1) An inspector, if so authorized by virtue of section
3, may at any reasonable time –
(a) enter any place where he reasonably believes that any
article to which this Act applies is kept for sale, stored
or manufactured, or any vehicle which he reasonably believes
to be used for purpose of transporting any such article,
and may examine any such article found therein or thereon,
and take samples thereof free of charge, and may examine
such place or vehicle or anything which he reasonably believes
to be used or capable of being used for the keeping, storing,
manufacturing or transporting of such article;
(b)
open and examine any container that he reasonably believes
contains any article to which this Act applies;
(c)
inspect or tag in accordance with this Act any article of
food kept for sale, stored or manufactured;
(d)
seize and detain any article to which this Act applies by
means of or in relation to which he reasonably believes
any provision of this Act or of any Regulations made thereunder
has been contravened;
(e)
condemn, destroy or otherwise dispose of any article seized
and detained pursuant to paragraph (d);
(f)
prohibit the sale or transportation of any article of food
which appears to him to be infested;
(g)
give to the owner or person in charge of a place or vehicle
entered pursuant to this subsection or the owner or person
in possession of any article to which this Act applies which
is infested or liable to infestation, such directions as
he considers necessary or expedient for preventing or mitigating
infestation;
(h)
with the consent of and on such terms as may be agreed with
the owner or person in possession of any article to which
this Act applies which is infested or liable to infestation,
take such steps as he considers necessary for preventing
or mitigating infestation in relation to such article and
in respect of any steps so taken may charge and recover
from such owner or person the amount of any expenses reasonably
incurred;
(i)
exercise any such further powers subject to such conditions
or restrictions as may be prescribed.
(2)
An article seized under this Act may at the option of an
inspector be stored or kept in the place where it was seized
or may on his direction be removed to any other place which
considers satisfactory for the purpose.
(3) An inspector may release any article seized by him,
or remove the prohibition on sale or transportation of an
article imposed by him under this Act, if he is satisfied
that all the provisions of this Act with respect thereto
have been complied with.
(4) An inspector shall be furnished with a certificate of
appointment in the prescribed form and on entering any place
or vehicle pursuant to subsection (1) or subsection (2)
of section 5 he shall, if required to do so, produce the
certificate to the person in charge of the place or vehicle.
(5) The owner or person in charge of a place or vehicle
entered by an inspector pursuant to subsection (1) or subsection
(2) of section 5, and every person found therein, shall
give the inspector all reasonable assistance in their power
and shall furnish him with such information as he may reasonably
require.
5.
– (1) Where the Minister is satisfied that in any
article (not being an article to which this Act applies)
which is –
(a) kept for sale, stored or manufactured in any place;
or
(b) transported in any vehicle,
there
are rodents, insects, mites or fungi in numbers or under
conditions which involve an immediate or potential risk
that infestation of an article to which this Act applies
may result, he may by order declare such article in or upon
such place or vehicle to be a prescribed article for the
purposes of this Act, and any such order may be varied or
revoked by a subsequent order made by the Minister.
(2) Where an article has in the circumstances mentioned
in subsection (1) been declared to be a prescribed article
for the purposes of this Act, the provisions of paragraphs
(a), (b), (d), (e) and (g) of subsection (1) of section
4 shall apply in relation to such prescribed article and
such place or vehicle as aforesaid as they apply in relation
to an article
to which this Act applies, and accordingly an inspector
shall, subject to the provisions of this Act, have in respect
of such prescribed article and the place or vehicle aforesaid,
the powers set forth in the said paragraphs.
6.
– (1) Subject to the provisions of section 10 with
respect to appeals, if any person to whom directions are
given under section 4 or in pursuance of section 5 fails
to comply with any requirement of the directions within
the period prescribed thereby, then, without prejudice to
any proceedings which may be taken against him in respect
of an offence under this Act, the Minister may, by order
–
(a)
in the case of a place or vehicle entered pursuant to either
of the said sections, authorize any person named in the
order to take, on behalf of the person in default, such
steps as the Minister considers necessary for securing compliance
with that requirement; or;
(b)
in the case of an article to which this Act applies which
is infested or liable to infestation, authorize an inspector
to take or cause to be taken such steps as may be necessary
for preventing or mitigating infestation in relation to
such article.
(2) The amount of any expenses reasonably incurred by authority
of the Minister under subsection (1) shall be paid by the
Minister and may be recovered as a debt due to the Government
from the person in default.
(3) In proceedings for the recovery of any expenses under
this section, it shall not be open to the defendant to raise
by way of defence any question which he could have raised
on an appeal under section 10.
7. Every person whose business consists of or includes the
manufacture, storage, transport, sale, repair or cleaning
of any article to which this Act applies, shall forthwith
give notice in writing to the Minister if it comes to his
knowledge that any infestation in present –
(a)
in any such article manufactured, stored, transported, sold,
repaired or cleaned in the course of that business, or in
any other goods for the time being in his possession which
are in contact or likely to come in contact with such article;
(b)
in any premises or vehicle, or any equipment belonging to
any premises or vehicle used, or likely to be used in the
course of that business for the manufacture, storage, transport
or sale of food.
8.
The Minister may make Regulations
for carrying into effect the provisions of this Act, and
in particular but without prejudice to the generality of
the foregoing may make Regulations–
(a)
with respect to the method of manufacture, storing, keeping,
examination and testing of any article to which this Act
applies, including the method of cleaning containers, and
the type of building to be used in connection with the storage
of any such article, for the prevention of infestation;
(b)
with respect to the powers and duties of inspectors, analysts
and other officers appointed under this Act, the taking
of samples, the seizure, detention, condemnation, destruction
and disposal of articles to which this Act applies;
(c)
providing for the exemption of any establishment or person
or class of establishment or persons from all or any of
the provisions of this Act for such period and subject to
such conditions (if any) as may be prescribed by such Regulations;
(d)
with respect to the importation and exportation of any article
to which this Act applies, and the manner in which and the
conditions under which the control of such importation and
exportation shall be exercised;
(e)
prescribing forms for the purposes of this Act;
(f)
prescribing controlling or approving the methods which may
be used for preventing or mitigating infestation, or prohibiting
the use of any method other than a method so approved;
(g)
imposing restrictions or conditions as to the purposes for
which, the circumstances in which, or the methods or means
by which, anything may be used for the purpose of preventing
or mitigating infestation;
(h)
requiring the provision, and keeping available and in good
order, of protective equipment, of facilities for washing
and cleaning, and other things needed for protecting persons,
clothing, equipment and appliances from contamination or
for removing sources of contamination therefrom;
(i)
requiring the observance of precautions against poisoning,
including the use of things provided in pursuance of the
Regulations;
(j)
securing intervals between, or limitation of, periods of
exposure to risk of poisoning;
(k)
requiring the observance of special precautions in respect
of persons who, by reason of their state of health, age
or other circumstances, are subject to particular risk of
poisoning or of injury therefrom, or imposing in respect
of persons so subject prohibitions (whether temporary or
permanent), or restrictions, on their employment for the
purposes of this Act;
(l) with respect to measures for detecting and investigating
cases in which poisoning has occurred and cases falling
within paragraph (k), including medical examinations, making
of blood tests, and notification of absences from work in
circumstances involving suspicion of poisoning;
(m)
requiring the provision, and keeping available and in good
order, and the use, of facilities for preventive and first-aid
treatment;
(n)
requiring the provision of, and submission to, instruction
and training in the use of things provided in pursuance
of the Regulations, and in the observance of precautions;
(o)
requiring the keeping and inspection of records and the
furnishing of returns and information;
(p)
with respect to the licensing (subject to any prescribed
conditions) persons using by themselves or their servants
or agents any prescribed method, appliance or thing for
the purposes of this Act;
(q)
providing for the registration of such premises or class
of premises as may be prescribed for the purposes of this
Act;
(r)
prescribing anything required by this Act to be prescribed.
9.
– (1) Subject to the provisions of section 10 any
person who contravenes any of the provisions of this Act
or any Regulations made or directions given thereunder shall
be guilty of an offence and liable on summary conviction
before a Resident Magistrate to a fine not exceeding two
hundred dollars or to imprisonment with or without hard
labour for a term not exceeding twelve months.
(2) It shall be a contravention of this Act for any person
to assault or obstruct any officer appointed under this
Act acting in the execution of his duty under this Act.
(3)
In any proceedings for an offence under this Act the production
of a certificate, direction or other document in the prescribed
form shall be sufficient evidence of the facts stated therein
unless the contrary is shown.
10.
– (1) Where directions are given under paragraph (f)
of subsection (1) of section 4 or in pursuance of subsection
(2) of section 5 requiring the carrying out of any structural
works or the destruction of ay food or container, any person
aggrieved thereby may appeal to the Resident Magistrate’s
Court for the parish in which the place is situated or the
vehicle was entered by the inspector.
(2) Notice in writing of the appeal shall be served on the
inspector –
(a) in the case of directions requiring the carrying out
of any structural works, within twenty-one days from the
service of the directions;
(b)
in the case of directions requiring the destruction of any
food or container, within seven days from the service of
the directions.
(3) Upon any such appeal the Court, if satisfied that the
directions are for any reason invalid, or that any requirement
thereof is excessive or unreasonable, may quash or amend
the directions, as the case may be, but in any other case
shall dismiss the appeal:
Provided
that if and so far as the appeal is based on the ground
of some informality, defect or error in or in connection
with the directions, the Court shall dismiss the appeal
if satisfied that the informality, defect or error was not
a material one.
(4)
Any directions given under paragraph (f) of subsection (1)
of section 4 or in pursuance of subsection (2) of section
5 requiring the carrying out of any structural works, or
the destruction of any food or container, shall include
a statement of the right of appeal under this section, and
of the time within which such an appeal may be brought.
(5)
An appeal shall lie to the Court of Appeal from the decision
of a Resident Magistrate’s Court under this section
in respect of directions requiring the carrying out of any
structural works.
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