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Produce Export Ordinance 1961

CONSOLIDATED ACTS OF SAMOA 2008

PRODUCE EXPORT ORDINANCE 1961

Arrangement of Provisions

TITLE
1. Short title
2. Interpretation
3. Chief Executive Officer to maintain standard of produce exported
4. Chief Executive Officer may supervise shipping of produce
5. Chief Executive Officer may board vessel
6. Chief Executive Officer may forbid export
7. Charges for inspection or treatment
8. Restriction on export of produce
9. Regulations
10. Repeals
Schedule

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THE PRODUCE EXPORT ORDINANCE 1961

1961 No. 10

AN ORDINANCE to control and maintain the standard of primary produce exported from Samoa.

(12 October 1961)
(Commencement date: 12 October 1961)

1. Short title - This Ordinance may be cited as the Produce Export Ordinance 1961.

2. Interpretation - (1) In this Ordinance, unless inconsistent with the context:

"Chief Executive Officer" means the Chief Executive Officer of the Ministry of Agriculture, and in respect of any powers conferred on the Chief Executive Officer by this Ordinance, includes any person to whom the Chief Executive Officer lawfully makes a delegation pursuant to the power and authority conferred on him or her by section 10 of the Agriculture, Forests, and Fisheries Ordinance 1959 of the powers exercisable by him or her under this Ordinance but to the extent only of such delegation.

"Export" means export from Samoa, whether by way of sale or otherwise, but does not include the exporting by way of gift of small parcels of produce exempted by regulation from the operation of this Ordinance.

"Minister" means the Minister of Agriculture.

"Occupier" means the person for the time being having control of premises.

"Owner", in relation to produce, means the owner of the produce and any person entitled to the proceeds of the sale of the produce, and includes any person acting as agent for the owner in relation to the produce.

"Premises" include any land, building, vessel, or aircraft.

"Produce" means any primary produce of Samoa and includes fruit, vegetables, trees, plants, shrubs, and roots, the carcasses or produce of animals, birds, and fish or any part thereof, and the unmanufactured products of any produce.

(2) Nothing in this Ordinance shall derogate from the provisions of any other enactment relating to the control of the export of cocoa, copra, or other produce.

3. Chief Executive Officer to maintain standard of produce exported - (1) It shall be the duty of the Chief Executive Officer to comply with and enforce the provisions of all regulations made under this Ordinance for the purpose of maintaining the standard of produce exported from Samoa.

(2) The Chief Executive Officer may, in conformity with the provisions of any such regulations:

(a) Enter upon any premises where any produce is growing, kept, or stored, and inspect such produce;

(b) Direct the owner of any produce or the occupier of such premises to treat by fumigation or otherwise such produce or premises and to take all such measures as are authorised by such regulations and are in the opinion of the Chief Executive Officer necessary to maintain the standard of produce exported from Samoa;

(c) Issue such certificates of quality or freedom from disease, insect or animal life or foreign matter as may be prescribed by regulations made under this Ordinance or required by any importer, or by the laws of any country to which the produce is to be exported.

(3) On failure of the owner of such produce or the occupier of such premises to comply with any directions lawfully given by the Chief Executive Officer, the Chief Executive Officer may enter upon such premises with servants and workmen and may take measures as are necessary to ensure that such directions are complied with.

(4) The costs of taking any measures pursuant to the last preceding subsection shall constitute a debt due from the owner of the premises or the person entitled to the proceeds of the produce to the Government, and may be recovered at the suit of the Chief Executive Officer in any Court of competent jurisdiction.

4. Chief Executive Officer may supervise shipping of produce - The Chief Executive Officer may at any time give to any person engaged in the transport or shipment of produce for export, directions as to the handling of, and dealing with such produce for the purpose of preventing it being injured or deteriorating, and any person wilfully disobeying a direction lawfully given to him or her by the Chief Executive Officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.

5. Chief Executive Officer may board vessel - The Chief Executive Officer may for the purpose of enabling him or her to comply with and enforce any regulations made under this Ordinance board any launch, lighter, or other vessel on which produce may be stored or transported for the purpose of being exported and have access to any place where such produce is.

6. Chief Executive Officer may forbid export - (1) It shall be lawful for the Chief Executive Officer, by notice to the owner or any person having control of any produce, or the occupier of any premises on which there is any produce, to forbid the export of any produce if in his or her opinion the quality of the produce is such that its exportation will affect the good reputation or future saleability of any class of produce of Samoa.

(2) Any person who exports or attempts to export any produce the exportation of which is forbidden by this Ordinance or any regulations or by the Chief Executive Officer, commits an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.

(3) Any person aggrieved by any decision of the Chief Executive Officer under this section may appeal to the Minister, who may confirm, vary, or vacate such decision. The decision of the Minister shall be final.

7. Charges for inspection or treatment - (1) There shall be payable by the owner of any produce which is inspected pursuant to the provisions of this Ordinance the sum of 3.3 sene per case, or such other sum as may be prescribed by regulations made under this Ordinance.

(2) There shall also be payable by the occupier of any premises, or the owner of any produce for export, such charges for the fumigation or other treatment of such premises or produce as may be prescribed.

8. Restriction on export of produce - The Head of State, acting by and with the advice of Cabinet, may at any time restrict or prohibit during any specified period the export of any class of produce if, in his opinion, such restriction or prohibition is expedient either to prevent a shortage of any necessity of life of the people of Samoa or to maintain the standard of the produce exported from Samoa.

9. Regulations - (1) The Head of State, acting by and with the advice of Cabinet, may from time to time make such regulations as the Head of State considers necessary for any purpose for which regulations are contemplated by this Ordinance, and all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Ordinance and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1), it is hereby declared that regulations may be made under this section, for all or any of the following purposes:

(a) Requiring any persons exporting or holding for export any produce or any class of produce to furnish such particulars thereof as may be prescribed;

(b) Specifying grades or standards for any class of produce for export;

(c) Prescribing the manner in which any class of produce shall be packed for export;

(d) Making provision for the inspection of produce for export and the manner in which such inspection is to be carried out;

(e) Varying the charges for the inspection of any produce, with power to prescribe different charges in respect of different classes of produce or in respect of containers of different classes or sizes;

(f) Prescribing charges for the fumigation of any premises or produce;

(g) Making provision in regard to the issue of certificates of quality, or freedom from pests or foreign matter, and the charging of fees for such certificates;

(h) Prescribing fines not exceeding 1 penalty unit for the breach of any regulations made under this section.

(3) It shall be the responsibility of the Minister to lay all regulations made under this section before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session; and, if not, to lay them before the Assembly within 28 days after the commencement of the next ensuing session.

10. Repeals - The enactments specified in the Schedule to this Ordinance are hereby repealed.

SCHEDULE

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revision has been made – the commencement date has been noted and added after the date of assent.

Revised under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

The Produce Export Ordinance 1961 is administered
in the Ministry of Agriculture and Fisheries.