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Samoan Market Ordinance 1927

CONSOLIDATED ACTS OF SAMOA 2008

SAMOAN MARKET ORDINANCE 1927

Arrangement of Provisions

TITLE
1. Short title
2. Interpretation
3. Samoan Market established
4. No sale of Samoan foodstuffs in central area save at the Market. Exception for fish or shellfish.
5. Vendor must hold a Market licence
6. Saving as to licensed stores, delivery from outside the area, and holidays
7. Samoan foodstuffs unfit for human consumption and offensive matter in the Market
8. Misbehaviour in the Market
9. Licence to sell Samoan Foodstuffs in Market
9A. Licence holder may carry on business of confectioner or tobacconist
9B. Reference to Shops Ordinance 1961
9C. Licence restricted to sale of food stuffs except as provided in section 9A.
10. Penalty

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THE SAMOAN MARKET ORDINANCE 1927

1927 No. 1

AN ORDINANCE to provide for the establishment and control of a Samoan Market.

(22 March 1927)
(Commencement Date: 22 March 1927)

1. Short title - This Ordinance may be cited as the Samoan Market Ordinance 1927.

2. Interpretation - In this Ordinance, except where a contrary intention appears or the context otherwise requires:

"Area" or "the central area" means that part of Apia and adjoining districts lying within a radius of one mile from the Apia Custom House.

"Head of State" means the Head of State of Samoa.

"Market" means the land and building in Beach Road, Apia, set apart and constructed by the trustee of the Estate of Jane Nelson deceased for the purpose of a market for the offer and sale of Samoan food and produce or such other site or building as may be hereafter declared and proclaimed by the Head of State as the market for the central area.

"Market licence" means a licence issued under the provisions of this Ordinance and authorising or permitting the licensee to sell or expose for sale in the Market any Samoan foodstuffs.

"Public place" includes any road, street, or place to which the public have access whether as of right or otherwise.

"Samoan foodstuffs" means and includes:

(a) All fruit, vegetables, poultry and eggs grown or produced in Samoa except citrus fruit and mangoes;

(b) Meat grown and cooked in Samoa;

(c) Fresh fish and fresh shell fish;

(d) All such bread, cakes, buns and similar goods and all such Samoan prepared foods, as shall be made cooked or baked, as the case may be, in Samoa.

3. Samoan Market established - There shall be established a Samoan Market for the offer and sale of Samoan foodstuffs to be held and conducted exclusively on the Market as herein defined.

4. No sale of Samoan foodstuffs in central area save at the Market. Exception for fish or shellfish - Except as hereinafter provided, from and after the date of coming into force of this Ordinance, save and so far as hereinafter except or provided, no person shall sell or offer for sale or set up or keep a stall for the purpose of selling or offering for sale any Samoan foodstuff or foodstuffs in any public place within the central area other than at or in the Samoan Market:

PROVIDED THAT it shall not be lawful for any person to sell fish or shellfish upon the sea beach or upon the Main Beach Road within the central area within 3 hours of their being taken from the sea.

5. Vendor must hold a Market licence - No person shall sell or offer to sell or expose for sale in the Market any Samoan foodstuffs unless he or she is the holder of a Market licence then in force authorising him or her to sell Samoan foodstuffs in such Market.

6. Saving as to licensed stores, delivery from outside the area, and holidays - The provisions hereof shall not apply to or prevent any sale in or delivery from any licensed shop, store, or business premises in the area or to delivery within the area of any foodstuffs to a purchaser under contract for sale made outside the area nor to the sale or exposure for sale of food stuffs by any holder of a Market licence on the occasion of any public holidays or special occasion proclaimed or allowed by the Head of State from or upon a stall or stalls erected at such place or places within the area as may be specifically allotted by the Chief Inspector of Police for that purpose.

7. Samoan foodstuffs unfit for human consumption and offensive matter in the Market - No person shall bring into the Market any Samoan foodstuffs unfit for human consumption or other offensive matter. The Chief Inspector of Police or any person authorised by him or her or any Inspector of Health may condemn, seize, remove and destroy any Samoan foodstuffs or other matter so brought into the Market and at the risk and expense of the owner or other person so bringing in the same and any person so offending may be prosecuted for such offence.

8. Misbehaviour in the Market - No person shall enter the Market whilst drunk or gamble or excite any riot or fight or use any gross, indecent, obscene, filthy or abusive language therein or spit or put any dirt or offensive matter upon the building, floor, stalls, furniture or appliances or be guilty of any indecent or improper conduct therein and any person so offending may be forthwith ejected from the Market and may be prosecuted for such offence.

9. Licence to sell Samoan foodstuffs in Market - No person shall sell or expose for sale within the Market any Samoan foodstuffs unless he be the holder of a licence from the Chief Inspector of Police so to sell Samoan foodstuffs; such licence shall be issued upon the payment of a fee of 50 sene if the Chief Inspector of Police is satisfied that the applicant is the bona fide tenant of a stall in the Market, and such licence shall remain in force until the 31st day of March then next ensuing or until the licensee shall cease to be the bona fide tenant of a stall as aforesaid (whichever event shall the first happen) when the licence shall become null and void; provided that the Chief Inspector of Police may cancel or suspend any such licence for any breach of this Ordinance or of any regulations relating to the sale of foods for human consumption.

9A. Licence holder may carry on business of confectioner or tobacconist - The holder of a Market licence may if duly licensed under the Business Licences Ordinance 1960, carry on at his or her stall in the Market the businesses of a confectioner or a tobacconist or either of them.

9B. Reference to Shops Ordinance 1961 - The provisions of section 6 (b) of the Shops Ordinance 1961 shall be read subject to the provisions of the last preceding section hereof.

9C. Licence restricted to sale of foodstuffs except as provided in section 9A - Save as provided by section 9A hereof it shall not be lawful for the holder of a Market licence to carry on or permit to be carried on at his or her stall in the Market any trade or business other than the sale of Samoan foodstuffs.

10. Penalty - Any person who commits any breach of this Ordinance is liable to a fine not exceeding 1 penalty unit or to imprisonment for a term not exceeding 3 months for every breach committed.

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) 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 Noumea Loretta Afamasaga.
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No.2

This law has been reviewed in accordance with the powers provided for in section 5 of the Revision and Publication of Laws Act 2008. Some general revisions that have been made including the insertion of the commencement date after the assent date.

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

The Samoan Market Ordinance 1927 is administered
in the Ministry of Natural Resources and Environment.