CROSS RIVER – PRODUCE (ENFORCEMENT OF GRADES AND STANDARDS OF QUALITY) LAW

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LAWS OF CROSS RIVER STATE

CHAPTER P11

PRODUCE (ENFORCEMENT OF GRADES AND STANDARDS OF QUALITY) LAW

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

SECTION

  1. Produce to which this Law applies.
  2. Interpretation.
  3. Short title.

PART 2

Cross River State Produce Inspection Board

  1. Establishment of the Cross River State of Nigeria Produce Inspection Board.
  2. Constitution and proceedings of the Board.
  3. Functions of the Board.

PART 3

Regulations

  1. Power to make regulations.

PART 4

Powers in relation to Inspection of Produce

  1. Inspection of produce.
  2. Power to re-examine produce.
  3. Duty to provide labour.
  4. Pest infestation.
  5. Powers of entry and seizure.
  6. Detention of produce.
  7. Treatment of detained produce.
  8. Forfeiture of produce upon conviction.
  9. Forfeiture of produce upon complaint.

PART 5

Offences and Proceedings

  1. Offences in relation to adulterated produce.
  2. Unauthorised use or possession of seals, etc.

SECTION

  1. Miscellaneous offences.
  2. Wrongful grading.
  3. Offences in relation to samples.
  4. Failure to inspect.
  5. Penalties.
  6. Prosecutions.
  7. Presumption as to intention to export or to take out of the State.
  8. Effect of inspection, passing or grading.
  9. Produce experts.
  10. Power to sue for fees.
  11. Proceedings against officers.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

Proceedings of the Board

 

 

CHAPTER P11

PRODUCE (ENFORCEMENT OF GRADES AND STANDARDS OF QUALITY) LAW

*A Law to make Provision for the Inspection and Grading of Commodities intended for Export or for taking out of the State, for the Enforcement of Grades and Standards of Quality of such Commodities, for the Control of Pests in such Commodities and for Matters incidental to the Execution of the Powers conferred by this Law.

(31st December, 1962)

[Commencement.]

PART 1

Preliminary

  1. Produce to which this Law applies

(1)     This Law applies to all produce listed in the First Schedule being produce intended for export or for being taken out of the State, and the word “produce” in this Law shall be construed accordingly except where the context otherwise requires.

[1972 No. 2. First Schedule.]

* With effect from the 1st October, 1979 this Chapter, being a law made with respect to matters contained in item 61 of the Exclusive Legislative List, is a Federal Law.

(2)     The Commissioner may by order published in the Gazette alter, amend or vary the First Schedule.

  1. Interpretation

In this Law unless the context otherwise requires—

“Assistant Produce Officer” means an officer of that rank in the Produce Inspection Division;

“the Board” means the Cross River State Produce Inspection Board established under section 4;

“buy” includes to exchange or barter, whether for goods or services, and to agree or contract to buy, exchange or barter;

“clean” means to free produce from any foreign, superfluous or inferior matter by picking, boiling or other means or by extraction of excessive moisture;

“the Commissioner” means the Commissioner for the time being charged with responsibility for matters relating to produce inspection;

“export” means to take or cause to be taken out of Nigeria;

“exportable standard” means a standard which is not lower than that prescribed for produce under the Export of Nigerian Produce Act, 1958, or any other law made or having effect as if made in accordance with a provision of a Federal law applicable to the State;

[Cap. E20 LFN.]

“expose for sale” includes to place produce on premises on which produce is habitually bought by, or for eventual delivery to, an exporter of produce or licensed buying agent, whether or not the person so placing the produce states that he intends to offer it for sale;

“Federal Board” means the Produce Inspection Board established under section 4 of the Produce (Enforcement of Export Standards) Act, 1959;

[Cap. P32 LFN.]

“Gazette” means the State Gazette;

“grade” means to grade according to grades prescribed under the Export of Nigerian Produce Act, 1958, or of any other law made or having effect as if made in accordance with a provision of a Federal law applicable to the State;

[Cap. E20 LFN.]

“Inspector” means a produce Inspector of the Produce Inspection Division, and includes any person appointed as an inspector or examiner for the purpose of this Law;

“licenced buying agent” means a person or firm or a servant of a person or firm holding a licence in that behalf issued by the Cross River State Marketing Board under the provisions of any law in force in the State;

“licensing authority” means an authority empowered under this Law to grant a licence;

“pass” means to pass as being of exportable standard or as being fit for being taken out of the State;

“pest” means any vermin, insect, parasite, fungus, bacterium or disease harmful to produce;

“Produce Inspection Division” means the Produce Inspection Division of the Ministry of Agriculture;

“Produce Officer” includes an officer of the Produce Inspection Division of or above the rank of Produce Officer;

“possess for sale” includes constructive possession of produce which is exposed for sale, or of produce which is found upon the premises of any store in respect of which there is in force, a certificate of registration issued in accordance with any regulations made under this Law;

“sell” includes to exchange or barter, whether for goods or services, and to agree to contract to sell, exchange or barter;

“State” means the Cross River State of Nigeria;

“taking out of the State” means taking out of the State by any means whatsoever and includes consigning or loading of produce by ship, boat, canoe, vehicle or by any other means of transport.

  1. Short title

This Law may be cited as the Produce (Enforcement of Grades and Standards of Quality) Law.

PART 2

Cross River State Produce Inspection Board

  1. Establishment of the Cross River State of Nigeria Produce Inspection Board

(1)     There shall be established the Cross River State Produce Inspection Board (hereinafter referred to as “the Board”) constituted as by this Law laid down.

(2)     The Board shall consist of a Chairman and six other members.

(3)     The Chairman shall be the Chief Produce Officer and the other members of the Board shall be—

(a)     the Chief Agricultural Officer, Ministry of Agriculture and Natural Resources, or his representative;

(b)     the Permanent Secretary, Ministry of Trade and Co-operatives, or his representative;

(c)     the General Manager, Cross River State Marketing Board, or his representative; and

(d)     three persons (not being licensed buying agents, oil palm producers, or cocoa producers) appointed by the Commissioner one each to represent the Calabar, Mainland and Northern Divisions of the State respectively.

  1. Constitution and proceedings of the Board

(1)     The provisions of the Second Schedule shall apply in relation to the proceedings of the Board.

(2)     The Commissioner may by order published in the Gazette alter, amend or vary the Second Schedule.

  1. Functions of the Board

The functions of the Board shall be as follows—

(a)     to advise the Commissioner upon the making of regulations under section 7 and the amendment or revocation thereof, and upon the making of any order under subsection (2) of section 2;

(b)     to advise the Commissioner upon any matter concerning the provisions of this Law or its application or concerning produce inspection generally or upon any matter referred to it by the Commissioner;

(c)     to advise the Commissioner as to the appointment of places as inspection stations for produce.

PART 3

Regulations

  1. Power to make regulations

(1)     The Commissioner, after consultation with the Board and, if he considers it necessary, with the Federal Board, may make regulations prescribing or providing for—

[1972 No. 2.]

(a)     the precautions which shall be taken to prevent the occurrence and spread of pest infestation in produce, and the powers and duties of Produce Officers in relation to pest control;

conditions under which the sale and purchase of produce, other than produce subject to the Commodity Boards Act, 1977, may be carried out;

[Cap. C17 LFN.]

the inspection and grading of produce according to its quality and purity in relation to grades and standards prescribed under the Export of Nigerian Produce Act, 1958, or any other Law made or having effect as if made in accordance with a provision of a Federal law applicable to the State, and the prohibition or regulation of dealings with any produce which has not been so inspected and graded or which has been adulterated;

[Cap. E20 LFN.]

(b)     what shall be deemed to constitute adulteration in respect of any description of produce;

(c)     the type of containers to be used for produce and the packing, closing, marking or sealing of those containers;

(d)     the types of marking appliances, seals, presses or punch dies to be used by Inspectors, and the designs or numbers to be placed on those marking appliances, seals, presses or punch dies;

(e)     the powers and duties of Produce Officers, Assistant Produce Officers and Inspectors in relation to the cleaning of produce and the removal and destruction of any extraneous matter or siftings separated from produce;

(f)      the appointment of places as inspection stations at which produce may be inspected and graded;

(g)     the structural condition to which stores, buildings and premises used or partly used for the inspection, grading and storage of produce must conform, the registration, licensing and numbering of those premises and the conditions under which produce shall be stored;

(h)     the prohibition of the inspection or grading of produce on any premises which do not conform to the conditions prescribed by regulations under paragraph (i), or which have not been registered;

(i)      the enforcement of necessary precautions against fire in produce stores;

(j)      licensing of persons having charge of any premises referred to in paragraph (i);

(k)     the form and place in which registers shall be kept by persons licensed under paragraph (l) and the inspection of such registers;

(l)      the appointment of licensing authorities for the purposes of regulations made hereunder, the grant, renewal form and duration of any licences which may be prescribed and the conditions which may be attached thereto;

(m)    the fees to be paid including those for inspection or re-inspection or overtime;

(n)     conditions for the working of overtime by Assistant Produce Officers or Inspectors, and the officers who may issue permits for overtime work;

(o)     generally for the better carrying into effect of this Law;

(p)     the penalties for offences against any regulations made hereunder, not exceeding a fine of four hundred naira and imprisonment for six moths.

(2)     In relation to the making of regulations the Commissioner shall not be bound to accept the advice of the Board.

(3)     The Commissioner may make regulations without the advice of the Board in any case in which the matter is, in his judgment, too urgent to admit of the Board giving its advice in the time within which it is necessary to make the regulations.

PART 4

Powers in relation to Inspection of Produce

  1. Inspection of produce

The inspection, passing and grading of produce shall be carried out by officers of the Produce Inspection Division in accordance with regulations made under section 7.

  1. Power to re-examine produce

(1)     A Produce Officer, Assistant Produce Officer or Inspector may re-examine any produce which has been inspected and passed, and for that purpose may take such steps, including the opening of packages, as he may deem necessary.

(2)     Where upon such a re-examination it is found that the produce has not been properly passed or graded, or has deteriorated to such an extent that it no longer conforms to the quality or grade assigned to it on its previous examination, it may be detained until it has been properly graded or passed.

(3)     The Commissioner or any officer deputed by him in writing may, if satisfied that the produce has been damaged or has deteriorated without the fault of the owner, grant a written permit authorising the release of the produce upon such conditions and for such purposes as may be specified in the permit.

(4)     Where upon re-examination it is found that the produce has been adulterated or that any offence has been committed in respect of the produce, it shall be dealt with in accordance with sections 12, 13 and 14.

(5)     Where upon re-examination it is found that the produce has been properly passed or graded, it shall be caused to be re-packed, sealed and marked in accordance with any regulations made under this Law.

  1. Duty to provide labour

The person in charge of any produce which is to be examined or re-examined in accordance with this Law shall provide such labour as may be necessary for the purpose of the examination or re-examination.

  1. Pest infestation

(1)     Where any produce including for the purpose of this section—

(a)     foreign produce in transit through the Cross River State; and

(b)     local crops and commodities stored in the vicinity of any produce, is found or suspected to be infested with any pest, a Produce Officer may make such order as he deems necessary for the treatment of that pest.

(2)     Upon the failure of the owner or person in charge of the produce to comply with an order made under subsection (1), a Produce Officer or other person authorised by him in writing may enter upon any land or premises upon which the produce is placed and carry out at the expense of the owner such measures as he deems necessary to prevent the spread of the pest.

  1. Powers of entry and seizure

For the purpose of carrying out his duties under this Law, a Produce Officer, Assistant Produce Officer or Inspector in uniform has power—

(a)     to enter at all times that are reasonable, having regard to, among other things, the religious beliefs and social customs prevailing in the area concerned, any building or place in which he has reason to suppose that any produce is stored, and inspect and take samples of any produce stored therein, whether or not it has previously been inspected or graded;

(b)     to stop any person carrying or believed to be carrying any produce and to examine the produce, and to stop and search any vehicle, boat or canoe carrying or believed to be carrying produce and to call upon the person in charge of such a vehicle, boat or canoe or, if he cannot be ascertained, the person appearing to be in charge of such a vehicle, boat or canoe, and the person or persons in charge of the produce to unload it for examination;

(c)     to seize and detain any produce which he reasonably suspects to have been adulterated, or in respect of which an offence against this Law appears to him to have been committed, together with any receptacle in which the produce is contained, and to seize and detain any article, register or document believed to be connected with the offence;

(d)     to direct the person in charge of the vehicle, boat or canoe, and the person or persons in charge of any produce seized under the provisions of paragraph (c) to proceed in or with the particular conveyance of depositing therein the seized produce and containers thereof;

(e)     where he is satisfied that the owner of any produce which has been seized and detained under paragraph (c) did not know that the produce was adulterated, to permit the owner to clean the produce, and, when it has been cleaned, to release the produce and any receptacle in which the produce is contained; and

(f)      to call upon any person to furnish him with any information he may reasonably require for the purpose of investigating an offence against this Law.

  1. Detention of produce

(1)     Where any produce which has been seized and detained under section 12 is not already packed in receptacles, a Produce Officer, Assistant Produce Officer or Inspector may order that it shall be so packed and the owner of the produce or the person in charge thereof at the time of seizure shall be responsible for the provision of suitable receptacles and the labour necessary to carry out the order.

(2)     A Produce Officer may order that any produce which has been seized and detained in any premises shall be removed and kept under detention in other premises approved by him.

(3)     Subject to subsections (4), (5) and (6), any produce which has been seized and detained shall be sealed in receptacles to the satisfaction of a Produce Officer, Assistant Produce Officer or Inspector, and shall not be removed or cleaned, except upon the order or with the written permission of a Produce Officer, until any charge or complaint in respect of the produce has been determined.

(4)     Unless a charge or complaint under subsection (3) is made within three months of its being seized the produce shall be released from detention.

(5)     Notwithstanding anything contained in section 263 of the Criminal Procedure Law, where a person charged with an offence against this Law in respect of any produce has been acquitted or discharged, the court shall not order the release of the produce until fourteen days shall have elapsed from the date of the judgment of acquittal or discharge or until a Produce Officer has notified the court in writing of his intention not to institute further proceedings in respect of the produce, whichever date is the earlier.

(6)     Where a Produce Officer notifies the court in writing within the said period of fourteen days of his intention to institute further proceedings in respect of the produce or to appeal against the judgment of acquittal or discharge, the court shall not order the release of the produce pending the determination of such proceedings or appeal.

  1. Treatment of detained produce

(1)     Where the owner or person in charge of any produce which has been seized and detained considers that the condition of the produce is such that the storage thereof in that condition will result in further damage or deterioration, he may apply in writing to a Produce Officer for permission to clean the produce.

(2)     Upon application being made as provided in subsection (1), the Produce Officer may permit the owner or person in charge of the produce to clean it, and when the produce has been cleaned it shall be dealt with in accordance with subsection (3) of section 13.

(3)     Where a Produce Officer or Assistant Produce Officer considers that any produce which has been seized and detained is in such condition that its storage in that condition will result in further damage or deterioration he may, whether or not an application under subsection (1) has been made, order the owner or person in charge of the produce to clean it, and may permit the temporary release of the produce for that purpose.

(4)     Before any produce is cleaned in pursuance of this section there shall be prepared in the presence  of the applicant and the Produce Officer or an officer deputed by him in that behalf, a document showing the net weight of the produce, the number of receptacles in which it is packed and the gross weight of any samples taken, and such document when signed by both the applicant and the Produce Office or his deputy shall be conclusive evidence of the particulars therein contained.

  1. Forfeiture of produce upon conviction

Upon the conviction of any person for an offence under this Law in respect of any produce of which he is the beneficial owner, the court may order, in addition to any penalty which may be imposed, that the produce together with the receptacles in which it is contained shall be destroyed or forfeited or that the produce shall be cleaned by the owner to the satisfaction of a Produce Officer, Assistant Produce Officer or Inspector and shall thereafter be released for sale for export or for being taken out of the State.

  1. Forfeiture of produce upon complaint

(1)     Where any produce has been seized and detained under section 12 and—

(a)     the owner is unknown or cannot be found; or

(b)     the produce is adulterated or of such inferior quality that either—

(i)      it cannot be cleaned to an exportable standard; or

(ii)     its retention is liable to endanger the quality of any other produce with which it may come in contact; or

(iii)    a produce expert considers that by reason of its inferiority it should be destroyed, a complaint shall, as soon as may be after the expiry of seven days from the date on which the produce seized, be laid before the magistrate having jurisdiction in the place where the produce is detained for the purpose only of enforcing forfeiture of the produce and of the receptacles in which it is contained, and the magistrate shall cause notice to be given, in such manner as he may think proper, stating that unless cause is shown to the contrary at the time and place stated in the notice the produce and receptacles may be forfeited.

(2)     At the time and place stated in the notice the magistrate may, unless cause is shown to the contrary, order that the produce and receptacles shall be forfeited and disposed of in such manner as may be directed by the head of the Produce Inspection Division.

PART 5

Offences and Proceedings

  1. Offences in relation to adulterated produce

(1)     A person who adulterates, or causes to be adulterated, or by negligence or otherwise permits the adulteration of any produce is guilty of an offence.

(2)     Subject to subsection (3) a person who—

(a)     buys or receives; or

(b)     sells or offers or exposes for sale; or

(c)     tenders in satisfaction of a claim or demand; or

(d)     possesses or has in his custody or under his control, whether for sale or for any other purpose, and whether for the use or benefit of himself or of any other person, and whether or not as an agent or servant of another person, any adulterated produce is guilty of an offence.

(3)     A person shall not be convicted of an offence under subsection (2) if he proves to the satisfaction of the court—

(a)     that he did not know and could not with reasonable diligence have known that the produce was adulterated; and

(b)     that he had taken all reasonable precautions against the commission of the offence; and

(c)     that on demand being made by a Produce Officer, Assistant Produce Officer or Inspector he gave all the information in his knowledge with respect to the person from whom he obtained the produce and the person who conveyed or delivered the produce to him or any person on his behalf.

  1. Unauthorised use or possession of seals, etc.

A person who—

(a)     makes unauthorised use of any prescribed type of seal, press, punch die or other sealing or marking appliance used for sealing produce or for marking containers, or of any apparatus for sampling or testing produce, or for extracting any of the contents of bags of produce; or

(b)     without lawful excuse (the onus of proving which shall be upon him) is found in possession of any such appliance, or apparatus or of any articles so closely resembling such appliance or apparatus as reasonably to be mistaken there for, is guilty of an offence.

  1. Miscellaneous offences

(1)     A person who without lawful excuse—

(a)     hinders or molests a Produce Officer, Assistant Produce Officer, Inspector or other person charged with any duties or powers under this Law in the exercise of any of those duties or powers; or

(b)     fails to comply with any order lawfully given under the provisions of this Law; or

(c)     removes, cleans or in any way tampers with any produce or any receptacle which has been seized or detained by a Produce Officer, Assistant Produce Officer or Inspector in accordance with the provisions of this Law; or

(d)     breaks or removes any seal or any twine, wire or other fastening placed upon a receptacle containing produce by a Produce Officer, Assistant Produce Officer or Inspector, whether after grading of the produce contained therein or after the seizure and detention of the produce and receptacles in accordance with section 12; or

(e)     substitutes for any produce which has been inspected and passed or graded any other produce, or adds extraneous matter or any uninspected produce to any produce which has been inspected and passed or graded; or

(f)      fails to furnish any information lawfully demanded under the provisions of this Law, or furnishes information which he knows to be false in a material particular or does not believe to be true; or

(g)     has in his possession or custody or under his control, whether for sale or for any other purpose, and whether for the use or benefit of himself or of any person, and whether as agent or servant of any other person—

(i)      any produce which has been inspected and passed or graded, and of which the receptacles have been tampered with as described in this section; or

(ii)     any produce which has been substituted for produce which has been passed or graded; or

(h)     consigns or attempts to consign from the State any produce which is not of exportable standard or fit for being taken out of the State, is guilty of an offence.

(2)     In any prosecution for an offence against this section the onus of proving the existence of a lawful excuse lies on the person charged.

(3)     A person shall not be convicted of an offence under paragraph (g) of subsection (1) if he proves to the satisfaction of the court—

(a)     that he did not know and could not with reasonable diligence have known that the produce or receptacles thereof had been tampered with or suffered substitution as aforesaid;

(b)     that he had taken all reasonable precautions against the commission of the offence;

(c)     that as soon as he discovered or became aware that an offence had been or was being committed he made immediate report in writing to a Produce Officer; and

(d)     that on demand being made by a Produce Officer, Assistant Produce Officer or Inspector he gave all the information in his knowledge with respect to the produce and the receptacles thereof, the person from whom he obtained the produce, and the person who conveyed or delivered it to him, or any other person on his behalf.

  1. Wrongful grading

(1)     A Produce Officer, Assistant Produce Officer or Inspector who knowingly passes or grades produce which is not of exportable standard is guilty of an offence.

(2)     Where in any prosecution under this section the person charged alleges that without his consent unauthorised use was made of any seal, press, punch die or other sealing or marking appliance used for sealing produce or for marking containers, the onus of proving such unauthorised use shall be upon him.

(3)     In any prosecution under this section it shall be sufficient for the prosecution to prove the person charged to be a Produce Officer, Assistant Produce Officer or Inspector, and that he passed or graded the produce in question for export and that such produce was not of exportable standard, and thereupon the onus of proving that he did not act knowingly shall be upon the person charged.

  1. Offences in relation to samples

A person authorised to take samples of produce under this Law who uses or disposes of those samples or any part thereof for his own gain or use or for any other unlawful purpose is guilty of an offence.

  1. Failure to inspect

(1)     A Produce Officer, Assistant Produce Officer or Inspector who without lawful excuse the onus of proving which shall be upon him, delays or refuses to inspect, pass or grade any produce is guilty of an offence.

(2)     Subsection (1) of section 24 shall not apply to a prosecution brought for an offence against this section.

  1. Penalties

A person who is guilty of an offence under this Law is liable on conviction to a fine of four hundred naira or imprisonment for one year.

  1. Prosecutions

(1)     A prosecution for an offence under this Law (other than an offence under section 22) shall not be commenced except with the consent of an officer of the Produce Inspection Division not below the rank of Produce Officer; but no such consent shall be necessary in the case of a prosecution instituted by or upon the instructions of the Director of Public Prosecutions.

(2)     A prosecution for an offence under this Law may be brought in the name of the head of the Produce Inspection Division and may be conducted by him or by a Produce Officer or Assistant Produce Officer; and any prosecution so instituted shall be deemed prima facie to have been commenced with due consent.

  1. Presumption as to intention to export or to take out of the State

In any proceedings against a person for an offence under this Law it shall not be necessary to prove that the produce, the subject of the charge, was intended for export and that produce shall be presumed to have been intended for export or for being taken out of the State unless the contrary be proved.

  1. Effect of inspection, passing or grading

In any action relating to the quality or purity of any produce inspected and passed or graded under this Law, the inspection, passing or grading of that produce shall not be conclusive as to the quality or purity thereof.

  1. Produce experts

(1)     The Commissioner may by notice in the Gazette declare suitably experienced persons to be produce experts in respect of any kind of produce.

(2)     In any proceedings for an offence under this Law in which the quality or condition of any produce is a fact in issue, the court may, if it thinks fit, direct a produce expert to examine such produce, or samples thereof, and to report in writing on its quality or condition; and the written report of that produce expert shall be sufficient evidence of the facts stated therein unless the person charged requires the produce expert to be called as a witness.

  1. Power to sue for fees

Any fees due under this Law may be recovered as a civil debt by the head of the Produce Inspection Division and shall be paid into the general revenue of the Cross River State.

  1. Proceedings against officers

(1)     Where any proceedings, whether civil or criminal, are brought against a public officer in respect of an act done in pursuance of any of the provisions of this Law, it shall be a good defence to show that there was reasonable and probable cause for the act in respect of which those proceedings are brought.

(2)     No act or thing done by a public officer, if it was done bona fide for the purpose of executing this Law, shall subject him personally to any action, liability, claim or demand whatsoever, nor nothing herein contained shall exempt any person from any proceedings by way of mandamus, injunction, prohibition or similar order.

 

SCHEDULES

FIRST SCHEDULE

[Section 2.]

(amended by C.R.S.L.N. 12 of 1978)

Produce to which the Law applies—

  1. Benniseed
  2. Capsicums
  3. Cocoa
  4. Copra
  5. Groundnuts
  6. Palm Kernels
  7. Palm Oil
  8. Rubber
  9. Soya Beans
  10. Coffee
  11. Rubber
  12. Grains
  13. Tubers and Root Crops.

 

SECOND SCHEDULE

[Section 5.]

Proceedings of the Board

  1. Tenure and vacation of office members

(1)     A member of the Board, other than a public officer, may by notice in writing to the Chairman of the Board resign his membership, but save as aforesaid and subject to this paragraph, a member other than a public officer shall hold office for three years from the date of his appointment.

(2)     Where the Commissioner is satisfied that a member other than a public officer—

(a)     has been absent from two consecutive meetings of the Board without the Chairman’s permission; or

(b)     is incapacitated by physical or mental illness; or

(c)     is otherwise unable or unfit to discharge the functions of a member, the Commissioner may declare his seat vacant and shall notify the person by letter and publish the fact in the Gazette and thereupon the vacancy may be filled according to subsection (2) of section 4 of the Law.

Temporary member

(3)     Where a member is temporarily incapacitated or is temporarily absent from the Cross River State, the Commissioner may appoint a person to be temporary member of the Board during that incapacity or absence.

(4)     A member of the Board other than a public officer shall not be deemed by virtue of being such a member to be the holder of an office of emolument under the State.

  1. Status of the Board

(1)     Subject to this paragraph, the Board may make standing orders providing for the proper conduct of its business.

Meetings and proceedings of the Board

(2)     Meetings of the Board shall be convened by the Chairman but any three members may by notice in writing signed by them request the Chairman to convene a special meeting of the Board for the purposes specified in the notice, and, upon receipt of the notice, the Chairman shall convene a special meeting for those purposes at the earliest convenient date.

Co-option

(3)     Where upon any special occasion the Board desires to obtain the advice of any person upon any matter, it may co-opt that person to be a member for such meeting or meetings as may be required, and any such person shall whilst so co-opted have all the rights and privileges of a member of the Board, save that he shall not be entitled to vote on any question.

Voting

(4)     All questions proposed for decision shall be determined by the majority of the votes of the members present and voting, and the Chairman shall have an original vote and also, if upon any question the votes are equally divided, a casting vote.

Quorum

(5)     At any meeting of the Board, the Chairman and four other members, two of whom are members other than public officers, shall form a quorum.

Vacancies

(6)     The Board shall not be disqualified for transaction of business by reason only of any vacancy among the members, and in case of the absence of the Chairman from any meeting the Board may appoint a temporary Chairman from amongst the members present at the meeting.

CHAPTER P11

PRODUCE (ENFORCEMENT OF GRADES AND STANDARDS OF QUALITY) LAW

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

  1. Produce Inspection (General) Regulations.
  2. Cocoa Inspection Regulations.
  3. Coffee Inspection Regulations.
  4. Copra Inspection Regulations.
  5. Groundnuts (Inspection for Export) Regulations.
  6. Palm Produce Inspection Regulations.
  7. Rubber Inspection Regulations.

(References in the regulations to the Cross River State Marketing Board and the Nigerian Produce Marketing Company Limited have been left unamended, though both bodies were dissolved by section 23 of the Commodity Boards Act, 1977 No. 29. Cap. C17 LFN.)

PRODUCE INSPECTION (GENERAL) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary

REGULATION

  1. Citation.
  2. Definitions.

PART 2

Inspection of Produce

  1. Produce Inspection Stations.
  2. Times of inspection and provision of materials, etc.

(3)     Powers to refuse inspection.

PART 3

Re-inspection of Produce

  1. Re-inspection.

(4)     Fees for re-inspection.

 

PART 4

Provisions for Overtime Work

REGULATION

  1. Working hours.
  2. Overtime.
  3. Fees for overtime.

PART 5

Registration of Produce Stores

  1. Condition of registration.
  2. Certificate of registration.
  3. Certificate to be displayed.
  4. Return of cancelled certificate.
  5. Cleanliness of registered produce store.
  6. Re-issue of certificate.
  7. Restriction on use of stores.
  8. Access to stores.
  9. Power to order removal of produce.

PART 6

Licensing of Storekeepers

  1. Licensing Authority.
  2. Application for licence.
  3. Issue of licences.
  4. Licence fee.
  5. Refusal to grant licence.
  6. Validity of licence.
  7. Period of validity.
  8. Conditions for holding licence.
  9. Transfer of licence.
  10. Return of licence.
  11. Death of storekeeper.
  12. Purchase of produce by licensed person at registered produce store.
  13. Licence offences.
  14. Cancellation and suspension of licence.

PART 7

Produce Registers

  1. Registers.

PART 8

General Provisions

REGULATION

  1. Precautions against fire.
  2. Storekeeper’s duty in relation to seized produce.
  3. Protection of produce in transit from water.
  4. Provision of waterproof coverings for motor vehicles.
  5. Protection of passed produce.
  6. Penalties.
  7. Prosecutions.

 

 

SCHEDULES

PRODUCE INSPECTION (GENERAL) REGULATIONS

[C.R.S.N. 61 of 1963. Section 7.]

PART 1

Preliminary

  1. Citation

These regulations may be cited as the Produce Inspection (General) Regulations.

  1. Definitions

In these regulations—

[1972 No. 2.]

“produce merchant” means an exporter of any produce or a licensed buying agent, or a person or firm authorised by the Commissioner to take produce out of the State;

“produce” means produce to which the Law applies;

“the Law” means the Produce (Enforcement of Grades and Standards of Quality) Law;

“register” means a produce register provided in accordance with regulation 32;

“registered produce store” means building or premises that have been registered in accordance with regulation 9;

“storekeeper” means the holder of a valid licence issued in accordance with regulation 20.

PART 2

Inspection of Produce

  1. Produce Inspection Stations

(1)     A list of produce inspection stations approved by the Commissioner with the advice of the Cross River State Produce Inspection Board shall be published annually by notice in the Gazette.

(2)     No person shall inspect, pass or grade produce except at a produce inspection station approved in accordance with subsection (1) of this regulation.

  1. Times of inspection and provision of materials, etc.

(1)     A produce officer shall appoint times during which inspectors shall attend at registered produce stores to inspect or re-inspect produce.

(2)     A produce merchant presenting produce for inspection or grading shall provide and maintain in good condition, at his own expense, scales, weights, trays, tiers, tarpaulins, measures, shovels, sieves, tables and other apparatus or materials necessary for the purpose together with an adequate supply of containers.

Powers to refuse inspection

(3)     A produce officer may refuse to allow produce to be inspected, passed or graded until the provisions of subsection (2) of this regulation have been complied with.

PART 3

Re-inspection of Produce

  1. Re-inspection

(1)     A produce officer or assistant produce officer may, upon written application by a produce merchant, permit the re-inspection of produce which has already been inspected, passed or graded.

(2)     A fee of forty kobo per hour or part thereof shall be charged for the services of an inspector for re-inspecting produce in accordance with this regulation.

(3)     In this regulation “hour” means sixty consecutive minutes or, where separate inspections by one inspector are made in one day, sixty minutes in the aggregate during the course of any one day.

Fees for re-inspection

(4)     All fees collected in accordance with this regulation shall be paid into the general revenue of the Government of the Cross River State.

PART 4

Provisions for Overtime Work

  1. Working hours

All days except Sundays and Public Holidays shall be working days for assistant produce officers and produce inspectors, and shall consist of five hours on Saturdays and seven and a half hours on other working days: Provided that a produce officer may alter the working days or fix the limits of the periods constituting the working days, and provided further that such working hours shall not, subject to the provisions of regulation 7, exceed forty-two and a half hours per working week.

  1. Overtime

(1)     No overtime shall be done except with the permission of a produce officer or assistant produce officer.

(2)     Permits may be granted, on written application to a produce officer or assistant produce officer, to allow work on Sundays and Public Holidays and before or after working hours on any working day.

  1. Fees for overtime

(1)     Where overtime work is permitted in accordance with regulation 7 there shall be payable the fees specified in the First Schedule.

(2)     A produce merchant requiring the services of an inspector as in subsection (1) of this regulation shall, in addition to the fees paid for the services of such an inspector, pay fees for such supervisory visits at the rate set out in the First Schedule as may be necessary to supervise the work of such an inspector, provided that supervisory visits on account of more than one produce merchant during the same period of time shall be paid by each produce merchant pro rata.

(3)     In this regulation “hour” means sixty consecutive minutes or, where separate inspections by one inspector are made in one day, sixty minutes in the aggregate during the course of any one day.

(4)     All fees collected in accordance with this regulation shall be paid into the general revenue of the Government of the Cross River State.

(5)     The Commissioner may by order published in the Gazette alter, amend or vary the First Schedule.

PART 5

Registration of Produce Stores

  1. Condition of registration

(1)     A produce merchant may apply in writing to a produce officer to register for the purposes of these regulations any specified building or premises within the area supervised by the produce officer as a registered produce store.

(2)     No store shall be registered under this regulation unless—

(a)     the building is rainproof, well ventilated, well floored, clean, adequately supplied with suitable dunnage, free from undue insect and rodent infestation and from normal risk of flooding by surface water, and suitable in all other respects for the inspection, passing, grading and storage of produce; and

(b)     the registration of the building or premises is necessary having regard to the volume of produce which may be expected to be presented for inspection and grading or which may be required to be stored there at any one time; and

(c)     the portion of these premises on which bagged produce is inspected or graded is adequately fenced so as to prevent contamination of the produce or its containers by livestock.

(3)     Upon being satisfied as to the matters specified in subsection (2) of this regulation a produce officer shall register the building or premises as a registered produce store for the inspection and storage of any type of produce and shall issue, without fee or charge, a certificate of registration in the form set out in the Second Schedule.

  1. Certificate of registration

The storekeeper shall ensure that the certificate of registration is prominently and permanently displayed in the building to which it relates.

  1. Certificate to be displayed

Where a produce officer considers that a registered produce store is no longer suitable for the purpose for which it is registered, he shall give notice in writing to the produce merchant concerned setting out the defects of the building or premises and, after thirty days from the date of that notice, may cancel the certificate of registration of that registered produce store if those defects have not been remedied, and thereupon the building or premises shall cease to be a registered produce store.

  1. Return of cancelled certificate

(1)     Where a certificate of registration is cancelled in accordance with either regulation 11 or regulation 13, the produce merchant who applied for it shall within fourteen days from the date of its cancellation deliver up the certificate to the produce officer in charge of the area in which the registered produce store concerned is situated.

(2)     Where a produce merchant ceases to operate at a registered produce store for any reason other than the cancellation under regulation 11 or regulation 13 of the certificate of registration, he shall within fourteen days deliver up the certificate to the produce officer in charge of the area in which the registered produce store is situated for cancellation, and upon such a cancellation the building or premises shall cease to be a registered produce store.

(3)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(4)     Where a produce officer is satisfied that subsection (2) of this regulation has not been complied with, he may cancel the certificate of registration in respect of the registered produce store concerned, and upon such a cancellation, the building or premises shall cease to be a registered produce store.

  1. Cleanliness of registered produce store

(1)     At all times a registered produce store shall be kept clean and tidy and once every year or as often as may be deemed necessary by a produce officer, its ceilings, internal structures, walls, floors and dunnage shall be thoroughly cleaned to the satisfaction of a produce officer. White-wash or such other material as a produce officer may approve shall be applied as he may consider necessary.

  1. Re-issue of certificate

Upon the cancellation of a certificate of registration no new certificate of registration shall be issued in respect of the same building or premises until a produce officer considers the registration of such building or premises justifiable having regard to the provisions of regulations 9 and 13.

  1. Restriction on use of stores

(1)     Except with the permission of a produce officer no registered produce store shall be used for any purpose other than those connected with the sale, purchase, inspection, passing, grading or storage of that type of produce for which it is registered.

(2)     No produce inspector shall pass or grade for export any produce except in a registered produce store registered for the inspection and storage of that type of produce.

(3)     No person shall store in any building or premises, except those of a registered produce store registered for the inspection and storage of the type of produce, any produce which has been inspected, passed and sealed for export. But where owing to the breakdown of any vehicle, canoe, boat or lighter carrying any produce, or to the accidental damage to a registered produce store, it becomes necessary to store produce temporarily elsewhere than in a registered produce store, the person in charge of the produce shall take all reasonable precautions to keep it in good condition and shall report to a produce officer within forty-eight hours of the incident.

(4)     In every registered produce store such materials as a produce officer or assistant produce officer may consider necessary for the elimination or control of insect pests and rodents shall be provided by the produce merchant concerned and shall be used by the storekeeper in such a manner and at such times as a produce officer or assistant produce officer may direct.

(5)     The storekeeper shall take all necessary steps to prevent livestock from entering a registered produce store and to prevent any produce or its containers becoming defiled or contaminated by livestock.

(6)     A produce officer or assistant produce officer may order the cleaning of produce that has been defiled or contaminated by livestock and the placing of the cleaned produce in suitable containers.

(7)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Access to stores

(1)     The storekeeper shall ensure that access to, and entry upon, all parts of registered produce stores are readily available to authorised persons at all reasonable times; but this regulation shall not apply to a storekeeper who has given notice in writing to the produce officer, assistant produce officer or inspector in charge of the station in which the store is situated of his intended absence.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Power to order removal of produce

A produce officer may order the removal of produce from a registered produce store if he finds it necessary on account of fire, accident, contamination or insect and rodent infestation, and the removal shall be carried out by, and at the expense of, the produce merchant concerned.

PART 6

Licensing of Storekeepers

  1. Licensing Authority

(1)     The licensing authority for the issue of licences for an area shall be the produce officer in charge of that area.

(2)     If the produce officer is absent on account of ill-health or other cause an officer of the Produce Inspection Division of or above the rank of produce officer may exercise the powers of licensing authority during the absence of that produce of that produce officer.

  1. Application for licence

A produce merchant may apply to a licensing authority for a licence in respect of any person whom he may desire to be licensed as the storekeeper in respect of any registered produce store and, unless the application is for a renewal, the application shall be made in the form prescribed in the Third Schedule.

  1. Issue of licences

If the licensing authority is satisfied—

(a)     that the application is made in respect of a person who genuinely intends to fulfill the normal functions of a storekeeper for the produce merchant concerned; and

(b)     that such a person is a fit and proper person for the issue of a licence the authority shall issue a licence to that person and the licence shall be in the form prescribed in the Fourth Schedule. The holder of that licence shall thereupon be the storekeeper of the registered produce store to which the licence relates.

  1. Licence fee

(1)     No fee or charge shall be payable in connection with the first issue or the annual renewal of a licence issued in accordance with regulation 20.

(2)     A fee of two naira shall be charged for a licence issued to replace a defaced, destroyed or lost licence.

(3)     All fees collected in accordance with this regulation shall be paid into the general revenue of the Government of the Cross River State.

  1. Refusal to grant licence

(1)     Where a person in respect of whom application for a licence is made—

(a)     has been convicted of an offence against the Law or any regulation made there-under; or

(b)     has been convicted of an offence involving dishonesty; or

(c)     is below twenty-one years of age; or

(d)     is not literate, the licensing authority may refuse to grant him a licence.

(2)     A person to whom a licensing authority has refused to grant a licence may within thirty days appeal in writing to the Commissioner against the refusal and the Commissioner may, after consultation with the Cross River State Produce Inspection Board, allow or dismiss such an appeal and, where he allows it, may direct that such conditions as he may deem fit shall be attached to the licence.

  1. Validity of licence

A licence shall not be valid until the storekeeper has signed it with his usual signature in the space provided and until the signature has been duly witnessed as provided in the licence.

  1. Period of validity

A licence is valid for a period not exceeding twelve calendar months and shall in any case expire on the last day of June next following the date on which it takes effect, but the licensing authority may by indorsement on the licence extend its duration for a period not exceeding six months.

  1. Conditions for holding licence

(1)     No person shall be in possession at one time of more than one valid licence issued in accordance with these regulations and not more than one person shall be licensed at one time in one registered produce store in respect of the same type of produce.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Transfer of licence

(1)     A storekeeper who is directed by the produce merchant concerned to transfer his activities to another registered produce store in the area of the licensing authority that issued the licence shall forthwith produce the licence to the licensing authority who shall indorse the licence accordingly and return it to the storekeeper.

(2)     A storekeeper who is directed by the produce merchant concerned to transfer his activities to another registered produce store in an area supervised by a different licensing authority shall hand over his licence to the licensing authority that issued it, and the authority shall forward it to the licensing authority of the area to which the storekeeper is being transferred for endorsement and return to the storekeeper.

(3)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Return of licence

(1)     A storekeeper who ceases to operate as such for the produce merchant who applied for the issue of his licence shall immediately return any valid licence that he may hold to the licensing authority of the area in which he last operated as a storekeeper, and the licensing authority shall forthwith cancel the licence.

(2)     If a storekeeper dies or for any reason ceases to operate as such, the produce merchant concerned shall forthwith notify the fact to the licensing authority for that area.

(3)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Death of storekeeper

On the death of a storekeeper the licensing authority shall cancel a licence possessed by him.

  1. Purchase of produce by licensed person at registered produce store

(1)     No person other than a storekeeper shall buy produce in a registered produce store, and the transactions of the storekeeper shall be limited to the purchase of produce on behalf of and for delivery to the produce merchant who applied for a licence under regulation 19 in respect of the storekeeper.

(2)     Notwithstanding the provisions of subsection (1) of this regulation a produce officer may, with the consent of the parties concerned, permit the passing for export of produce on behalf of one produce merchant at the registered produce store of another produce merchant if the produce merchant seeking the permission applies in writing to that effect to that produce officer.

(3)     The produce officer may make such arrangements as are necessary to ensure the correct marking of the containers with the mark of the produce merchant on whose behalf the produce is being passed for export or for being taken out of the State.

(4)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Licence offences

A person who—

(1)     lends, borrows, transfers, alters, defaces, or forges a licence issued in accordance with the provisions of these regulations; or

(2)     obtains or attempts to obtain a licence by any false pretences;

(3)     being disqualified from holding a licence, does anything for which a licence is required;

(4)     employs a person who is disqualified to do or assist in doing anything for which a licence is required knowing that that person is disqualified (the onus of disproving which knowledge being upon him);

(5)     being disqualified from holding a licence, obtains or attempts to obtain a licence without disclosing the fact that he is so disqualified; or

(6)     aids or abets another in obtaining or attempting to obtain a licence, knowing that that other person is so disqualified (the onus of disproving which knowledge being upon him), is guilty of an offence.

  1. Cancellation and suspension of licence

Where the holder of a licence is convicted of an offence against the Law or any regulations made there-under, the licensing authority may cancel or suspend his licence for a stated period.

PART 7

Produce Registers

  1. Registers

(1)     Every produce merchant shall provide, and every storekeeper shall maintain, in respect of a registered produce store, registers in the forms prescribed in the Fifth Schedule, or as near thereto as circumstances permit, in such manner as a produce officer may approve in writing. The registers shall be kept in the registered produce store to which they relate in the custody of the storekeeper who shall produce them for inspection upon demand made by a produce officer, assistant produce officer or inspector during the working hours.

[Fifth Schedule.]

(2)     The storekeeper shall cause the pages of a register to be numbered serially, with no omissions, by the use of legible markings made with ink.

(3)     The storekeeper shall make or cause to be made the appropriate entries in each register in regard to each transaction on the same day as the transaction takes place, whether it be a transaction connected with the receipt or dispatch of produce already inspected, passed or graded and sealed for export or with the inspection, passing or grading of the produce in the registered produce store concerned. The responsibility for every entry required to be made in accordance with this regulation shall lie with the storekeeper.

(4)     Where an entry in the register has been made in accordance with paragraph (3) of this regulation in connection with the inspection, passing or grading of produce, the produce inspector who inspected, passed or graded the produce shall—

(a)     inspect the entry on the same day; and

(b)     where the entry is inaccurate, require the storekeeper or person duly authorised by him in that behalf to cancel the inaccurate entry and make a correct entry;

(c)     sign a correct entry; and

(d)     enter in the register the figures showing the result of the test on each parcel of produce inspected, passed or graded by him.

The storekeeper or person authorised by him in that behalf shall thereupon sign the entries in the register.

(5)     A storekeeper or produce inspector who—

(a)     neglects to make or to cause to be made an entry in the register in accordance with the provisions of this regulation; or

(b)     makes or causes to be made a false entry therein; or

(c)     renders illegible or mutilates, or causes to be rendered illegible or mutilated, any entry therein, is guilty of an offence.

(6)     Where a storekeeper authorises a person to sign on his behalf the register in which an entry has been made in accordance with the provisions of this regulation the responsibility for the entry shall, prima facie, be that of that storekeeper.

(7)     A storekeeper shall not authorise a person under the age of twenty-one or a produce officer, assistant produce officer or inspector to sign the register on his behalf.

(8)     In any prosecution for an offence under this regulation the onus of proving that the person charted has not—

(a)     neglected to make or to cause to be made an entry in the register; or

(b)     made or cause to be made a false entry therein; or

(c)     rendered illegible or mutilated, or caused to be rendered illegible or mutilated any entry therein, shall lie upon the person charged.

(9)     Where a produce merchant ceases to operate at a registered produce store, he shall within fourteen days deliver all registers which have been in use in respect of that store to the produce officer in charge of the area in which the store was situated for examination and retention by the produce officer, but at any reasonable time thereafter the produce merchant shall be entitled to examine any of those registers.

(10)   A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

PART 8

General Provisions

  1. Precautions against fire

(1)     No person shall light a fire in such place or in such manner as to endanger a registered produce store or its contents, or permit the entry of smoke into the registered produce store; provided that this regulation shall not preclude the use of devices for pest control which are used with the approval of a produce officer or assistant produce officer.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Storekeeper’s duty in relation to seized produce

(1)     Where produce has been seized and detained under the provisions of section 12 (c) of the Law in a registered produce store, the storekeeper shall take adequate and effective precautions to prevent any person from acting contrary to the provisions of paragraphs (c), (d) and (e) of subsection (1) of section 19 of the Law.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Protection of produce in transit from water

(1)     The person in charge of a boat, lighter or canoe used for the transport of bagged produce shall ensure that the vessel is fitted with adequate and suitable dunnage in such a way as to prevent the contact of the produce with any water in that vessel, and that adequate waterproof coverings are available and, where necessary, are used to protect the produce from water that may enter that vessel.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Provision of waterproof coverings for motor vehicles

(1)     The driver of a motor vehicle used for the transport of bagged produce shall ensure that adequate waterproof coverings are available and, where necessary, are used, and that all reasonable precautions are taken, to keep such produce dry.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Protection of passed produce

(1)     A person in charge of produce which has been inspected, passed and sealed for export, whether the produce is in store or in transit, who fails at any time to take adequate and effective precautions to protect the produce from contact with water or other substance which may have a deleterious effect on that produce or its containers, is guilty of an offence.

(2)     Where the produce has become damaged as a result of an accident to a vehicle, canoe, boat, lighter or store arising from a cause beyond the control of the person in charge of the produce, that person shall within forty-eight hours report the damage to a produce officer, and if he fails to do so without reasonable excuse, proof of which shall lie upon him, he shall be guilty of an offence.

(3)     For the purpose of this regulation the person in charge of the produce shall be deemed to be—

(a)     in the case of a registered produce store, the storekeeper thereof;

(b)     in the case of a vehicle, the driver thereof; and

(c)     in the case of a canoe, boat or lighter, the person having the control thereof.

  1. Penalties

A person who is guilty of an offence under these regulations is liable on conviction to a fine of four hundred naira or imprisonment for six months.

  1. Prosecutions

No prosecution for an offence under these regulations shall be commenced except in accordance with subsections (1) and (2) of section 24 of the Law.

 

 

SCHEDULES

FIRST SCHEDULE

[Regulation 8.]

Fees for Overtime

 

Rank of Officer

 For every hour or part thereof
              ₦  K
Assistant Produce Officer, Grade I ……………………….               0 79
Assistant Produce Officer, Grade II ………………………

Produce Inspector, Grade I ………………………………………….

Produce Inspector, Grade II …………………………………………

              0

0

0

59

44

29

 

SECOND SCHEDULE

[Regulation 9.]

THE PRODUCE INSPECTION (GENERAL) REGULATIONS

Certificate of Registration of a Registered Produce Store

No. …………………………………………………

Date of Issue …………………………………….

Under and by virtue of the powers conferred on me by Regulation 9 of the above regulations, I, the produce officer supervising the …………………………….. Produce inspection area, have registered the *building/premises belonging to or rented by ………………………………. and known as ………………………… at …………………… in ……………………………………. division as a registered produce store for the inspection and storage of …………………………………….. with effect from the date of this certificate.

This drop-mark for use on containers of produce passed or graded in this store is …………………………

Signed …………………………………………….

Produce Officer …………………………………….

Supervising the ……………………………… Area

*Delete whichever is not applicable.

NOTE.—This certificate must be prominently and permanently displayed in the building/premises to which it relates.

 

THIRD SCHEDULE

[Regulation 19.]

THE PRODUCE INSPECTION (GENERAL) REGULATIONS

Application for a Licence to *buy and/or store produce in a Registered Produce Store or Stores

  1. Name of Produce Merchant ……………………………………………………………
  2. Address of the above …………………………………………………………………..
  3. Name of proposed storekeeper in full ……………………………………………….                                                (please print in capitals)
  4. Native town of proposed storekeeper ……………………………………………….
  5. Registered produce store(s) where proposed storekeeper will operate ……………………………………………………………………………………………..
  6. Number and ate of issue of previous licence (if any) ……………………………..

I certify that to the best of my knowledge and belief the above proposed storekeeper is literate and not below twenty-one years of age and has not been convicted of an offence against the provisions of the Produce (Enforcement of Grades and Standards of Quality) Law, or of any regulations made thereunder or deemed to have been made thereunder, nor has he been convicted of an offence involving dishonesty.

If the above certificate cannot be completed by reason of the fact that the person for whom the application is made has been convicted as described, particulars of any such conviction must be stated overleaf and this form forwarded under confidential cover as directed below. The produce officer accepts no responsibility for any such form not forwarded under confidential cover.

DATED this …………………….. day of ……………………………, 20 …………………..

Signed …………………………………….

for Produce Merchant …………………..

This form should be sent to the produce officer supervising the area.

*Delete whichever is not applicable.

FOR USE OF LICENSING AUTHORITY ONLY

No. of Licence

issued

Date of issue File Reference Remarks

 

 

 

 

 

 

 

FOURTH SCHEDULE

THE PRODUCE INSPECTION (GENERAL) REGULATIONS

Licence to *buy and/or store produce in a Registered Produce Store or Stores

Licence No. ……………………………….

Date of Issue …………………………….

Licence is hereby issued to ………………………………. of ………………………………. employed by ………………………………. to *buy and/or store at Registered Produce Store(s) known as No.(s) ………………………………….. at …………………………. in ……………………………………….. division.

This licence expires on the 30th day of June, 20 …………… and is valid only at the gazetted inspection station stated above.

Signed …………………………………….                   Licensing Authority

Produce Officer Supervising the ……………………….. Area

………………………………………………….                                                                         Signature of Licence

………………………………………………….                                                                   Witness to Signature of Licensee

*Delete whichever is not applicable.

NOTE.—The Witness must be a member of the staff of the Produce Inspection Division who can identify the licensee.

MADE at ………………….. this ……………… day of ………………….., 20 …………….

FIFTH SCHEDULE

[Regulation 32.]

THE PRODUCE INSPECTION (GENERAL) REGULATIONS

Registers

COCOA

PALM OIL

PALM KERNELS

GROUNDNUTS

RUBBER

COCOA INSPECTION REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Conditions for Export

REGULATION

  1. Conditions for export of or taking cocoa out of the State.
  2. Grading of Cocoa.
  3. Tolerances.
  4. Inspection of Cocoa.
  5. Sifting of cocoa.
  6. Packing of cocoa.
  7. Markings of bags.
  8. Sealing of bags.
  9. Storage of cocoa.
  10. Destruction of siftings, etc.

PART 2

Inferior Quality Cocoa

  1. Restriction on buying and selling, etc.
  2. Restriction on possession of cocoa.
  3. Transport of cocoa.
  4. Tainted or smoky cocoa.
  5. Detention and blending of cocoa.

PART 4

Pest Control in Cocoa

  1. Prohibition of interference during fumigation.
  2. Safety precautions.
  3. Duties in connection with pests.
  4. Offences in relation to pests.
  5. Penalty.

PART 4

Interpretation

  1. Interpretation.
  2. Citation.

SCHEDULES

COCOA INSPECTION REGULATIONS

[S.E.S.L.N. No. 5 of 1975. Section 7.]

PART 1

Conditions for Export

  1. Conditions for export of or taking cocoa out of the State

(1)     No cocoa shall be graded, passed and sealed for export, or be taken out of the State except cocoa of exportable standard, and no such cocoa shall be exported or be taken out of the State unless it has been lawfully graded, passed and sealed.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Grading of Cocoa

Cocoa shall be graded in accordance with the grades prescribed from time to time under the provisions of the Export of Nigerian Produce Act 1958.

[Cap. E20 LFN.]

  1. Tolerances

For the purposes of these regulations cocoa shall be deemed to be free from velvety or black beans if after examination the velvety or black beans are found to be not more than three per nine hundred beans in any representative sample; and free from stone if after examination the weight of stone does not exceed 14 grammes in one bag.

  1. Inspection of Cocoa

(1)     For the purpose of inspection a parcel of cocoa which shall not exceed the contents of one hundred bags shall be spread on clean tarpaulin or firm cemented surface, but not on the ground, so that the beans can be inspected and representative samples taken without difficulty.

(2)     The parcel shall be thoroughly mixed with wooden shovels to the satisfaction of an inspector.

(3)     From the parcel the inspector shall take indiscriminately a representative average sample from which he shall draw a further sample of 460 grammes and from this a final sample of three hundred beans. All germinated beans in this final sample shall be counted after which all the beans shall be cut in half and examined. If the result of the examination shows that the cocoa contained in the same sample can be graded as provided in regulation 2 the parcel shall forthwith be graded and passed.

(4)     The inspector shall complete the testing, passing, sewing and sealing of each separate parcel before commencing to test another parcel.

  1. Sifting of cocoa

(1)     Before the cocoa is placed in bags the storekeeper shall ensure that—

(a)     cocoa, other than light cocoa, which has been graded is at once thoroughly riddled with a sieve having a mesh of 1.1 centimetres; and

(b)     light cocoa which has been graded is at once thoroughly riddled with a sieve having a mesh not less than 0.8 centimetre.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Packing of cocoa

(1)     Cocoa which has been inspected, graded and riddled shall at once be bagged in sound clean dry bags having no holes and of the quality specified by the Cross River State Marketing Board and the Nigerian Produce Marketing Company.

(2)     Subject to paragraph (3), a bag containing cocoa packed as in paragraph (1) shall be sewn up at once without lugs by means of lock-stitches placed not more than 2.5 centimetres apart. The twine used shall be strong and continuous with ends so disposed that no knots are accessible and that the ends can be securely sealed.

(3)     The Chief Produce Officer in his discretion may approve an alternative method of sewing the bags by machine.

(4)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Markings of bags

(1)     All bags used for packing cocoa graded for export or being taken out of the State shall be marked according to the instructions issued by the Cross River State Marketing Board or the Nigerian Produce Marketing Company or both except that the dimensions and placing of week and parcel numbers and of the letters “L.C.” in the case of light cocoa shall accord with Schedule 1 to these regulations.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Sealing of bags

(1)     The inspector who graded the cocoa shall ensure that each bag is securely sewn and shall seal each bag with a seal or seals each bearing the design as prescribed in Schedule 2, and all the numbers and letters if any, of the steel seal press officially allotted to the inspector, legibly impressed.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Storage of cocoa

(1)     The storekeeper shall ensure that bags of cocoa which have been properly sealed and marked are forthwith stored on wooden platform or such dunnage as may be considered suitable and adequate by a produce officer, assistant produce officer or inspector, and stacked in such a manner that—

(a)     no part of a bag shall come in contact with the floor of the store; and

(b)     a space of at least 90 centimetres is left between the stacked bags of cocoa and the walls of the store; and

(c)     the bags of cocoa can be counted without difficulty.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Destruction of siftings, etc.

(1)     As soon as cocoa has been inspected, the storekeeper shall, whether the cocoa has been graded or not, ensure that all cut, smoky, velvety, black and defective beans and all other extraneous matter collected in the course of inspection, sampling, cutting and sifting are removed from the registered produce store and destroyed.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

PART 2

Inferior Quality Cocoa

  1. Restriction on buying and selling, etc.

(1)     No person shall buy or sell or offer or expose for sale or possess for sale or receive or tender in satisfaction of any claim or demand or have in his custody, possession or under his control, whether or not as an agent, employee or servant of any other person, any cocoa intended for export or to be taken out of the State which contains fifteen per centum or more by count of defective beans unless a produce officer is satisfied that the content of defective beans is the result of deterioration which occurred after the receipt of such cocoa into a registered produce store and that the storekeeper used all reasonable means to avoid or minimize deterioration.

(2)     A person who contravenes or fails to comply with the provisions of this  regulation is guilty of an offence.

(3)     In a prosecution under this regulation if the person charged contends that the cocoa was not bought or sold or offered or exposed for sale or received or tendered in satisfaction of any claim or demand or intended for export or to be taken out of the State as alleged, the onus of proving such contention shall be upon the person.

  1. Restriction on possession of cocoa

(1)     No person, other than the grower of the cocoa at his own premises, shall have in his custody, possession or control, whether or not as an agent, employee or servant of any other person, any cocoa intended for export or to be taken out of the State which is not thoroughly dry or which contains velvety beans.

(2)     No person shall have in his custody, possession or control whether or not as an agent, employee or servant of any other person, any cocoa intended for export or to be taken out of the State which contains smoky beans.

(3)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(4)     In a prosecution under this regulation if the person charged claims to come within the exception mentioned in paragraph (1) or contends that the cocoa was not intended for export or to be taken out of the State, the onus of proving such a claim or contention shall be upon the person.

  1. Transport of cocoa

(1)     No person, other than a grower of cocoa transporting or causing to be transported his own raw or wet cocoa beans from the land on which it was grown to his premises, shall deliver or cause to be delivered for transport cocoa intended for export or for being taken out of the State which is not thoroughly dry or which contains smoky or velvety beans or which contains fifteen per centum or more by count of defective beans.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(3)     In a prosecution under this regulation if the person charged claims to come within the exception or contends that the cocoa was not intended for export or for being taken out of the State, the onus of proving such a claim or contention shall be upon the person.

  1. Tainted or smoky cocoa

(1)     Where any assistant produce officer or inspector finds any cocoa containing smoky beans or beans tainted by tar or other substance injurious to cocoa or its flavour he shall seize and detain the cocoa and report the fact to the produce officer in charge of the area within forty-eight hours.

(2)     If a produce officer considers that the cocoa cannot for any reason be made free from such taint, he shall apply to a magistrate for an order of forfeiture and the magistrate may order that the cocoa be forfeited and destroyed in such manner as the Chief Produce Officer may approve.

  1. Detention and blending of cocoa

(1)     If a parcel of cocoa is tested and found not to be of a grade prescribed in accordance with regulation 2 but to contain less than fifteen per centum by count of defective beans, such cocoa shall not be removed from the store in which it was found except with the written permission of a produce officer or assistant produce officer.

(2)     A produce officer or assistant produce officer may permit the storekeeper in writing to pick and blend with cocoa of exportable standard any cocoa which has been detained in accordance with paragraph (1) for the purpose of raising the quality of such cocoa to exportable standard.

(3)     A person who contravenes or fails to comply with the provisions of paragraph (1) is guilty of an offence.

PART 4

Pest Control in Cocoa

  1. Prohibition of interference during fumigation

(1)     Where a parcel of cocoa is being subjected to a process of fumigation, an unauthorized person who—

(a)     approaches the place of fumigation in such a manner, or in such proximity as to endanger himself or the person operating the plant used for the fumigation, or in other way interferes with the operation, and

(b)     refuses or fails to remove himself or stop the interference on the order of a produce officer, assistant produce officer or an inspector or other officer authorised by a produce officer, is guilty of an offence.

(2)     In a prosecution under this regulation, if the person charged contends that he was an authorised person at the time the alleged offence was committed, the onus of proving the contention shall be upon such a person.

  1. Safety precautions

A produce officer or an officer authorised by him in writing may—

(a)     require a building used for the fumigation of cocoa to be provided with such materials as will make fumigation effective and safe; or

(b)     require a stack which is being fumigated in situ to be adequately covered with suitable material in order to prevent the escape of fumigant and to make fumigation effective and safe; or

(c)     require a person operating any machine or plant used for fumigating cocoa to take such precautions as are necessary in the opinion of the produce officer or other officer authorised by him in writing for the safety of the public or for the care and maintenance of the machine or plant.

  1. Duties in connection with pests

It shall be the duty of produce merchants and storekeepers to take all reasonable precautions to prevent cocoa from becoming infested with pests while the cocoa is under their control.

  1. Offences in relation to pests

A person who—

(a)     having discovered that cocoa in his possession or under his control has become infested with pests, fails to report the fact to a produce officer, assistant produce officer or inspector; or

(b)     places or attempts to place insects or cocoa already known to be infested with pests on or near uninfected cocoa or uninfected stack in such a manner that the uninfected cocoa or stack may become infested, is guilty of an offence.

  1. Penalty

A person who is guilty of an offence under these regulation is liable, on conviction, to a fine of ₦400.00 or imprisonment for six months or both.

PART 4

Interpretation

  1. Interpretation

In these regulations—

“adulteration” in relation to cocoa means—

(i)      mixing or combining cocoa of a grade prescribed in the manner provided in regulation 2 with other cocoa so that the resulting mixture or combination is not cocoa of a grade so prescribed; or

(ii)     injuriously affecting the quality of cocoa by mixing or combining with cocoa any substance, matter or thing which is foreign or superfluous whether that substance, matter or thing is in itself harmful or not; or

(iii)    mixing or combining husk, shell, pericarp or defective bean with cocoa so that the resulting mixture or combination is not cocoa of a grade prescribed in the manner provided in regulation 2; or

(iv)    altering the composition of cocoa by such means as to injuriously affect its quality or flavour or to alter its bulk or weight;

“defective beans” include all mouldy, weevily, decayed, germinated and flat cocoa beans;

“the Law” means the Produce (Enforcement of Grades and Standards of Quality) Law.

  1. Citation

These regulations may be cited as the Cocoa Inspection Regulations.

SCHEDULES

SCHEDULE 1

[Regulation 7.]

Design of stamp for bags of graded cocoa

A number denoting the week or grading enclosed in a circle of 12.5 centimetres diameter.

Each bag of cocoa, in addition to being sealed, shall be stamped on the side of the bag with marks according to the grade of cocoa contained therein as follows—

Grade I ……………………………………… one stamp mark, as above

Grade II …………………………………….. two stamp marks, as above

Each parcel of cocoa passed and graded shall be numbered serially and consecutively, commencing with number one on the Friday of each week. Such serial number shall be known as the parcel number and shall be clearly stenciled on the side of the bag with marks immediately beneath the grade mark.

The parcel number shall be not less than 7.5 centimetres and not more than 10 centimetres high and the lettering of each digit shall not be less than 1.3 centimetres wide.

Bags in which light cocoa is contained shall bear the letters “L.C.” in addition to the marks denoting the grade and these letters shall be at least 15 centimetres high and shall be stenciled immediately beneath the parcel number.

SCHEDULE 2

[Regulation 8.]

Design on seals for bags of graded cocoa is as follows—

 

 

 

 

 

 

 

 

 

COFFEE INSPECTION REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Conditions for Export

REGULATION

  1. Conditions for export from or taking coffee out of the State.
  2. Grading of coffee.
  3. Tolerances.
  4. Varieties.
  5. Inspection of coffee.
  6. Sifting.
  7. Packing.
  8. Sealing of bags.
  9. Store register.
  10. Storage.
  11. Destruction of sifting.

PART 2

Inferior Quality Coffee

  1. Restriction on possession etc., of coffee.
  2. Restriction on buying and selling etc.
  3. Transportation of coffee.
  4. Admixture of variety of coffee, an offence.
  5. Destruction of black mould and inspect damaged beans and extraneous matter.

PART 3

Pest Control in Coffee

  1. Interference.
  2. Penalty.

PART 4

Interpretation

  1. Interpretation.
  2. Citation.

 

SCHEDULE

COFFEE INSPECTION REGULATIONS

[C.R.S.L.N. No. 16 of 1976. Section 7.]

PART 1

Conditions for Export

  1. Conditions for export from or taking coffee out of the State

(1)     No coffee shall be graded, passed, sealed for export, or taken out of the State except of exportable standard, and no such coffee shall be exported or taken out of the State unless it has been lawfully graded, passed and sealed.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Grading of coffee

Coffee shall be graded in accordance with the grades prescribed from time to time under the provisions of the Export of Nigerian Rubber Act 1958.

  1. Tolerances

(1)     For the purposes of these regulations, coffee of exportable standard shall be deemed to be thoroughly dry, free from admixture with other varieties of coffee and reasonably free from broken beans, black beans, insect damaged beans, stones and any other extraneous matter.

(2)     The following limits of tolerances shall be observed for coffee intended for export and such coffee—

(a)     shall be completely hull free before grading;

(b)     may contain stones not more than 0.4% by weight;

(c)     may be insect damaged, mouldy and contain black beans not more than 2.0% by weight;

(d)     may contain any other extraneous matter not more than 0.5% by weight provided that the total impurities contained therein shall not be more than 3.0% by weight.

  1. Varieties

The standard prescribed in regulation 3 above shall apply to the following varieties—

(a)     arabica coffee from coffee arabica tree;

(b)     robusta coffee from coffee robusta tree; and

(c)     liberica coffee from coffee liberica tree.

  1. Inspection of coffee

(1)     For the purposes of inspection, a parcel of coffee shall be spread out on a clean tarpaulin or on a clean, firm and cemented surface. The coffee shall be shoveled to facilitate sampling, from a parcel which shall not exceed one hundred bags at a time.

(2)     From any such parcel a produce inspector shall take indiscriminately a representative sample from which he shall draw a final sample of 700 kilogrammes. He shall spread the final sample of 700 kilogrammes on a clean smooth surface, preferably a table which has no cracks or crevices, but not on a floor, or an empty bag.

(3)     The produce inspector shall pick out carefully all impurities and shall sub-divide the impurities into three categories as follows—

(a)     stones;

(b)     insect damaged, mouldy and black beans; and

(c)     any other extraneous matter.

(4)     The produce inspector shall weigh each category on a suitable scale and shall record the results thereof in percentages in his official note book.

  1. Sifting

If the coffee is passed as of exportable quality, it shall immediately be sifted with a sieve having a mesh of 2.5 mm for robusta and arabica coffee and 1.6 mm for liberica coffee.

  1. Packing

Coffee which has been inspected, graded and passed as provided in regulation 6 above shall at once be bagged in sound dry twill bags. The bags shall be sewn up at once without lugs by means of lock stitches placed not more than 1.5 cm apart. The twine used shall be strong and, continuous with the end so disposed that no knots are accessible, and so that the ends can be securely sealed.

  1. Sealing of bags

The produce inspector who graded the coffee as above shall seal each bag of coffee with the official seal issued to him for that purpose; the seal shall bear the design as prescribed in the Schedule hereto and all the numbers and letters, if any, of the steel seal press officially allotted to the inspector shall be legibly impressed.

  1. Store register

The storekeeper or his agent shall enter the number of bags of coffee graded, parcel by parcel, on the same day and shall sign against each entry; and the produce inspector shall countersign the entries in the register book immediately after such entries are made.

  1. Storage

The storekeeper shall ensure that the bags of coffee which have been sealed and marked are forthwith stored on wooden platform or such dunnage as may be considered suitable and adequate by a produce officer or such officer authorised by him, in such manner that no part of any bag shall come in contact with the floor or wall of the store.

  1. Destruction of sifting

The storekeeper shall ensure that the siftings and any other extraneous matter are removed from the registered produce store, as far as possible and destroyed.

PART 2

Inferior Quality Coffee

  1. Restriction on possession etc., of coffee

(1)     No person shall have in his custody, possession or under his control (whether for the use or benefit of himself or of any other person, or as an agent, employee or servant any coffee intended for export or to be taken out of the State which is not thoroughly dry and/or which contains more than ten per centum by weight of total impurities.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Restriction on buying and selling etc.

(1)     No person shall buy or sell or offer or expose for sale or possess for sale or receive or tender in satisfaction of any claim or demand or have in his custody, possession or under his control (whether or not as an agent, employee or servant of any other person) any coffee intended for export or to be taken out of the State, which contains more than ten per centum by weight of total impurities unless a produce officer is satisfied that the content of total impurities is the result of deterioration which occurred after the receipt of such coffee into a registered produce store and that the storekeeper used all reasonable means to avoid or minimize deterioration.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(3)     In a prosecution under this regulation if the person charged contends that the coffee was not bought or sold or offered or exposed for sale or received or tendered in satisfaction of any claim or demand or intended for export or to be taken out of the State as alleged, the onus of proving such contention shall be upon him.

  1. Transportation of coffee

(1)     No person other than a grower of coffee transporting or causing same to be transported from the land on which it was grown to his premises, shall deliver or cause to be delivered for transportation coffee intended for export or to be taken out of the State, which is not thoroughly dry or which contains more than ten pe r centum by weight of total impurities.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

(3)     In a prosecution under this regulation if the person charged contends that the coffee was not intended for export or for being taken out of the State, the onus of proving such contention shall be upon him.

  1. Admixture of variety of coffee, an offence

(1)     No person shall combine or mix two or more varieties of coffee with a view to obtaining the price of higher paid variety of coffee.

(2)     Any person who contravenes or fails to comply with the provision of this regulation shall be liable on summary conviction to a fine of four hundred naira or imprisonment for twelve months or to both such fine and imprisonment.

  1. Destruction of black mould and inspect damaged beans and extraneous matter

(1)     As soon as coffee has been inspected and whether such coffee has been passed for export or not, the storekeeper shall ensure that all defective coffee beans, and all other extraneous matter removed in the course of inspection, sampling and sifting, are removed from the registered produce store and destroyed.

(2)     Any person who contravenes or fails to comply with the provision of this regulation shall be liable on summary conviction to a fine of fifty naira or imprisonment for three months or to both such fine and imprisonment.

PART 3

Pest Control in Coffee

  1. Interference

(1)     Where any parcel of coffee is being subjected to any process of fumigation and a warning notice is placed to that effect, any unauthorised person who approaches the place of fumigation or the proximity thereof in such manner as to endanger such person or any other person operating the plant used for fumigation, or who in any way interferes with such operation, may be ordered to leave such place by a Produce Officer or any other officer and if after such order, the person does not immediately comply therewith, he shall be guilty of an offence.

(2)     In any prosecution under this regulation, if the person charged contends that he was an authorised person at the time the alleged offence was committed, the onus of proving such contention shall lie upon him.

(3)     Any person who contravenes or fails to comply with the provision of this regulation shall be liable on summary conviction to a fine of fifty naira or imprisonment for three months or to both such fine and imprisonment.

  1. Penalty

A person who is guilty of an offence under any of these regulations shall, where no other punishment is provided, be liable on conviction to a fine of two hundred naira or imprisonment for six months or to both such fine and imprisonment.

PART 4

Interpretation

  1. Interpretation

In these regulations, unless the context otherwise requires—

“admixture”, when used in relation to coffee, means—

(a)     mixing, or combining two, or more varieties of coffee; or

(b)     mixing other types of seed such as castor seed with coffee;

“adulterate”, when used in relation to coffee, means—

(a)     mixing or combining any coffee with any other variety of coffee so that the resulting admixture or combination is not coffee of a grade so prescribed by the coffee regulations; or

(b)     injuriously affecting the quality of any coffee by mixing or combining with such coffee, any substance, matter, or thing of any kind whatsoever which is foreign, or superfluous whether such substance, matter or thing, is in itself harmful or not; or

(c)     mixing or combining the hull with any coffee so that the resulting mixture or combination thereof is not coffee of a quality, prescribed in a manner provided in these regulations; or

(d)     altering the composition of any coffee by any means whatsoever so as to injuriously affect its quality, or to alter its bulk or weight;

“extraneous matter” means stalks, shells, leaves, twigs, or any other matter which is not coffee of the type to be tested;

“insect damaged” means coffee which is not a whole bean;

“the State” means the Cross River State of Nigeria;

“thoroughly dry” means coffee which when held and squeezed in the hand moves freely over one another with a crisp sound.

  1. Citation

These regulations may be cited as the Coffee Inspection Regulations.

SCHEDULE

[Regulation 8.]

Design of seals for graded coffee

 

 

 

 

 

 

 

 

 

 

 

 

COPRA INSPECTION REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Conditions for Export from or taking Copra out of the State

REGULATION

  1. Conditions for exporting from or taking copra out of the State.
  2. Grading of copra.
  3. Grades.
  4. Inspection of copra.
  5. Packing.
  6. Sealing of bags.

REGULATION

  1. Register.
  2. Storage.
  3. Destruction of unexportable quality of copra and extraneous substances.
  4. Examination to be discontinued in certain cases.

PART 2

Inferior Quality Copra

  1. Restriction on possession etc., of copra.
  2. Restriction on buying and selling of copra.
  3. Transportation of copra.
  4. Inferior quality copra.

PART 3

Pest Control in Copra

  1. Interference.
  2. Offences.

PART 4

Interpretation

  1. Interpretation.
  2. Citation.

 

 

SCHEDULE

COPRA INSPECTION REGULATIONS

[C.R.S.L.N. No. 15 of 1976. Section 7.]

PART 1

Conditions for Export from or taking Copra out of the State

  1. Conditions for exporting from or taking copra out of the State

(1)     No copra shall be passed and sealed for export or exported or taken out of the State except copra of exportable quality, and no such copra shall be exported or taken out of the State unless it has been lawfully passed an sealed.

(2)     A person who contravenes or fails to comply with the provision of this regulation shall be liable on summary conviction to a fine of one hundred naira or imprisonment for six months or to both such fine and imprisonment.

  1. Grading of copra

Copra shall be graded in accordance with the grades prescribed from time to time under the provisions of the Export of Nigeria Produce Act 1958.

[No. 56 of 1958.]

  1. Grades

The grades shall be as follows—

Grade I. – Copra which is thoroughly dry and contains not more than five per centum by count of total defects and extraneous substances which shall be inclusive of not more than three per centum by count of mouldy and immature pieces.

Grade II. – Copra which is thoroughly dry and contains not more than ten per centum by count of total defects and extraneous substances which shall be inclusive of not more than six per centum by count of mouldy and immature pieces.

Grade III. – Copra which is thoroughly dry and contains not more than ten per centum by count, but not more than twenty per centum of total defects and extraneous substances which shall be inclusive of not more than six per centum by count of mouldy and immature pieces.

Grade IV. – Copra which is thoroughly dry, but which does not conform to the standards of quality set out above for Grades I, II and III respectively.

  1. Inspection of copra

(1)     For the purpose of inspection, a parcel of copra shall be spread out on clean tarpaulin or on a clean, firm cemented surface; the copra shall be shoveled to facilitate sampling from a parcel which shall not exceed fifty bags at a time.

(2)     From any such parcel, a produce inspector shall take an indiscriminate sample from which he shall draw a sample weighing not less than 50 kilogrammes.

(3)     The produce inspector shall examine the sample for dryness, and shall separate such pieces of copra as—

(a)     have been prepared from immature nuts;

(b)     show signs of attack by insects;

(c)     are mouldy; and

(d)     are smoky in odour or discoloured by fire, and all broken shells or extraneous substances.

(4)     The produce inspector shall weigh such pieces of copra and extraneous substances and their weights calculated as percentages of the particular sample examined; he shall then record the results of his tests in his official notebook.

  1. Packing

(1)     If the copra passes the test as that of exportable quality, it shall be immediately packed into clean, sound, dry twill bags, and such bags shall be marked “Copra” in letters at least 60 mm high.

(2)     The bags shall be securely sewn up at once without lugs by means of locked stitches placed not more than 3 cm apart; the twine used shall be strong and continuous, with the end so disposed that no knots are accessible and the ends can be securely sealed.

  1. Sealing of bags

(1)     The produce inspector who graded the copra shall ensure that each bag is securely sewn and shall seal each bag with a seal or seals each bearing the design as prescribed in the Schedule hereto and all the numbers and letters, if any, of the steel seal press officially allotted to the inspector shall be legibly impressed.

(2)     A person who contravenes or fails to comply with these provisions of this regulation is guilty of an offence.

  1. Register

The storekeeper or his authorised agent shall enter the number of bags of copra graded, parcel by parcel, on the same day and shall sign against each entry; and the produce inspector shall countersign the entries made in the register immediately after such entries are made.

  1. Storage

The storekeeper shall ensure that the bags of copra which have been graded and sealed are forthwith stacked on wooden platform, or such dunnage as may be considered suitable and adequate by a produce officer, in such manner that no part of any bag shall come in contact with the floor or wall of the store.

  1. Destruction of unexportable quality of copra and extraneous substances

The storekeeper shall ensure that such pieces of copra which are not of exportable quality and any other extraneous substances are removed from the registered produce store, and as far as possible, destroyed.

  1. Examination to be discontinued in certain cases

(1)     If upon examination of bags or samples, the produce inspector is satisfied that the copra in any bag or sample is not dry, he shall so notify the owner of the copra and shall not proceed further with the examination.

(2)     If the copra is found on examination to be of a standard inferior to those prescribed by regulation 3 above, the produce inspector shall so notify the owner in writing and shall not grade or seal the bags containing the copra.

PART 2

Inferior Quality Copra

  1. Restriction on possession etc., of copra

(1)     No person shall have in his custody, possession or under his control (whether for the use or benefit of himself or of any other person, or as an agent, employee or servant of any person) any copra intended for export or to be taken out of the State, which is not thoroughly dry and contains more than twenty per centum by count of total defects and extraneous substances which shall include more than six per centum by count of mouldy and immature pieces of copra.

(2)     A person who contravenes or fails to comply with any of the provisions of this regulation shall be liable on summary conviction to a fine of one hundred naira or imprisonment for six months or both such fine and imprisonment.

  1. Restriction on buying and selling of copra

(1)     No person shall buy or sell or offer or expose for sale or possess for sale or receive or tender in satisfaction of any claim or demand or have in his custody, possession or under his control whether or not as an agent, employee or servant of any other person any copra intended for export or to be taken out of the State which is not thoroughly dry and contains more than twenty per centum by count of total defects and extraneous substances which shall include more than six per centum by count of mouldy and immature pieces of copra unless a produce officer is satisfied that the content of total is the result of deterioration which occurred after the receipt of such copra into a registered produce store and that the storekeeper used all reasonable means to avoid or minimise deterioration.

(2)     A person who contravenes or fails to comply with any of the provisions of this regulation shall be liable on summary conviction to a fine of one hundred naira or imprisonment for six months or both such fine and imprisonment.

(3)     In a prosecution under this regulation if the person charged contends that the copra was not bought or sold or offered or exposed for sale or received or tendered in satisfaction of any claim or demand or intended for export or to be taken out of the State as alleged, the onus of proving such contention shall be upon him.

  1. Transportation of copra

(1)     No person other than a grower of copra transporting or causing same to be transported from the land on which it was grown to his premises, shall deliver or cause to be delivered for transportation copra intended for export or to be taken out of the State, which is not of exportable quality.

  1. Inferior quality copra

Where the inferiority of copra is such that such copra cannot be refined to an exportable quality the produce officer shall report same in writing to the magistrate having jurisdiction in the area for the purpose of forfeiture and destruction of the copra and the owner of the copra shall be so informed.

PART 3

Pest Control in Copra

  1. Interference

(1)     Where any parcel of copra is being subjected to any process of fumigation and a warning notice is given, any unauthorised person who approaches the place of fumigation in such a manner or in such proximity as to endanger the person fumigating or any other person operating the plant used for fumigation, or who in any way interferes with such operation may be ordered to leave such place by a Produce Officer or any other officer not below the rank of senior produce inspector authorised by the produce officer, to depart therefrom and if after such order, such person does not immediately comply therewith, he shall be guilty of an offence.

(2)     If, in any prosecution, under this regulation the person charged, contends that he was an authorised person at the time the alleged offence was committed, the onus of proving such contention shall lie upon him.

(3)     Any person who contravenes or fails to comply with the provision of this regulation shall be liable on summary conviction to a fine of fifty naira or imprisonment for three months or to both such fine and imprisonment.

  1. Offences

Any person who—

(a)     exports from or takes out of the State or attempts to export from or take out of the State copra without first complying with all the requirements of these regulations; or

(b)     obstructs, resists or hinders a produce inspector in the lawful exercise of his duties under these regulations; or

(c)     contravenes any provision of these regulations, shall, where no other punishment is provided, be liable on summary conviction to a fine of one hundred naira or imprisonment for six months or to both such fine and imprisonment.

PART 4

Interpretation

  1. Interpretation

In these regulations, unless the context otherwise requires—

“attack by insect” means a nut which has been damaged by insects;

“broken shell” means a broken coconut shell;

“extraneous substance” means any other thing which is not copra found in a parcel of copra;

“immature nut” means a nut which is not mature, or thoroughly ripe;

“mouldy” means a nut which has developed mould, and is pale, or dullish in colour with a bad smell;

“smoky in colour and discoloured” means a nut which is pale in colour, dried by fire, and smells like the smoke;

“the State” means the Cross River State of Nigeria.

  1. Citation

These regulations may be cited as the Copra Inspection Regulations.

SCHEDULE

[Regulation 6.]

Design on seals for graded copra

 

 

 

 

 

 

 

 

 

 

 

 

GROUNDNUTS (INSPECTION FOR EXPORT) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary

REGULATION

  1. Citation.
  2. Interpretation.

PART 2

Inspection of Groundnuts

  1. Condition of export.
  2. Restriction on possession.
  3. Control of uninspected groundnuts.
  4. Method of testing.
  5. Packing, sewing and sealing.
  6. Marking.
  7. Storage.

PART 3

Pest Control

  1. Infestation.
  2. Control measures.
  3. Penalty.

 

 

 

SCHEDULE

GROUNDNUTS (INSPECTION FOR EXPORT) REGULATIONS

PART 1

Preliminary

  1. Citation

These regulations may be cited as the Groundnuts (Inspection for Export) Regulations.

  1. Interpretation

For the purpose of these regulations “adulteration” when used in relation to groundnuts means—

(i)      mixing or combining any groundnut with groundnuts of exportable standard so that the resulting mixture or combination is not groundnuts of exportable standard; or

(ii)     injuriously affecting the quality of any groundnuts by mixing or combining with them any substance, matter, or thing of any kind whatsoever which is foreign, or superfluous whether such matter or thing, is in itself harmful or not; or

(iii)    mixing or combining any husk, shell, pericarp, or rotten, decayed or rancid groundnuts with any other groundnuts so that the resulting mixture or combination is not groundnuts of exportable standard; or

(iv)    altering the composition or content of any groundnuts by any means whatsoever so as to injuriously to affect the quality of the groundnuts, or alter their bulk or weight;

“Marketing Board” means the Cross River State Marketing Board.

PART 2

Inspection of Groundnuts

  1. Condition of export

(1)     No groundnuts shall be passed and sealed for export or exported except groundnuts of exportable standard, and no groundnuts of exportable standard shall be exported unless they have been lawfully passed and sealed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Restriction on possession

No person other than a grower on his own premises shall have in his possession, groundnuts intended for export which are not of exportable standard.

  1. Control of uninspected groundnuts

A person receiving at a registered produce store groundnuts intended for export shall submit such groundnuts for inspection and passing within a period specified by a produce officer, and shall not remove such groundnuts from the registered produce store until they have been inspected and passed.

  1. Method of testing

(1)     For the purpose of inspection, groundnuts shall be spread out on a tarpaulin or on a clean and firm cemented or wooden floor. At an inspection not more than the contents of one hundred bags shall be examined and they shall be so spread as not to exceed a depth of twelve inches.

(2)     The groundnuts shall be thoroughly mixed by shovelling with wooden shovel to the satisfaction of a produce officer, assistant produce officer or inspector.

(3)     The produce inspector shall then take indiscriminately from all parts of the parcel of the prescribed quantity, a representative sample and shall then—

(a)     draw a final sample of 2 lb. from the representative sample; and

(b)     carefully separate broken nuts and extract the total impurities divided into two groups, namely—

(i)      mineral impurities; and

(ii)     non-mineral impurities.

(4)     If as a result of the examination carried out in accordance with this regulation the inspector is satisfied that the groundnuts contained in the sample are of exportable standard, he shall forthwith pass the groundnuts contained in the parcel.

  1. Packing, sewing and sealing

(1)     A storekeeper shall ensure that all groundnuts which have been inspected and passed are packed in new, sound, clean dry bags of a standard and size prescribed by the Marketing Board, which shall be sewn up at once without lugs by means of lock stitches placed not more than one inch apart. The twine used shall be continuous with the ends so disposed that no knots are accessible and the ends can be securely sealed.

(2)     The inspector who inspected and passed the groundnuts shall ensure that each bag has been securely sewn, and shall then seal it with a seal or seals of the approved type, each bearing the design as prescribed in the Schedule to these regulations and the numbers and letters, if any, of the hammer press or steel seal press officially allotted to such an inspector, legibly impressed.

(3)     A person who contravenes or fails to comply with these provisions of this regulation is guilty of an offence.

  1. Marking

A storekeeper shall ensure that all bags used for packing groundnuts inspected and passed for export are marked according to instructions issued by the Marketing Board.

  1. Storage

The storekeeper shall ensure that all bags of groundnuts which have been sealed are forthwith stored on wooden platform, or on such dunnage as may be considered suitable and adequate by a produce officer, assistant produce officer or inspector in such a manner that—

(i)      no part of any bag shall come in contact with the floor or wall of the store;

(ii)     a space of at least three feet is left between the stacked bags of groundnuts and the walls of the store; and

(iii)    the bags of groundnuts are stacked in a manner that they can be counted without difficulty.

PART 3

Pest Control

  1. Infestation

(1)     A storekeeper shall—

(a)     take all reasonable precautions to prevent groundnuts under his control from becoming infested with pests;

(b)     upon discovering that such groundnuts have become infested with pests, report the fact to a produce officer, or assistant produce officer.

(2)     No person shall introduce into or near any groundnuts any pest or groundnuts infested with pests so as to cause danger of further infestation.

  1. Control measures

(1)     A produce officer may order—

(a)     that any building or place used for the fumigation of groundnuts be provided with such material as will make fumigation effective and safe;

(b)     that any stack which is being fumigated be adequately covered with suitable material in order to prevent the escape of fumigant and to make fumigation effective and safe;

(c)     that any person operating any machine or plant used for fumigating groundnuts shall take such precautions as are necessary, in the opinion of the produce officer, for the safety of the public and of the operators, and for the care and maintenance of any machine or plant.

(2)     Where under subsection (1) of section 11 of the Law, a produce officer orders that any groundnuts shall be fumigated or shall have any other pest control measures applied to them the person in charge of such groundnuts shall not remove them without the permission of a produce officer until such pest control measures have been applied.

  1. Penalty

A person who is guilty of an offence under these regulations is liable to a fine of four hundred naira or imprisonment for six months.

SCHEDULE

Design on seals for containers of exportable standard groundnuts

 

PALM PRODUCE INSPECTION REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary

REGULATION

  1. Citation.
  2. Definition.

PART 2

Conditions for Export of or for taking Palm Oil out of the State

REGULATION

  1. Conditions affecting export or for taking palm oil out of the State.
  2. Palm oil containers.
  3. Testing of palm oil.
  4. Transfer of samples.
  5. Closing and sealing of containers.
  6. Marking of containers.
  7. Storage of containers.

PART 3

Restrictions on Export of or on taking Palm Kernels out of the State

  1. Restrictions on export of or taking palm kernels out of the State.
  2. Testing of palm kernels.
  3. Sifting and packing.
  4. Sewing.
  5. Marking of bags.
  6. Sealing.
  7. Storage.
  8. Destruction of siftings.

PART 4

Inferior Quality of Palm Produce

  1. Restriction on purchase and sale.
  2. Restriction on possession.
  3. Transport.
  4. Penalty.

SCHEDULES

PALM PRODUCE INSPECTION REGULATIONS

PART 1

Preliminary

  1. Citation

These regulations may be cited as the Palm Produce Inspection Regulations.

  1. Definition

(1)     In these regulations—

“first quality” means—

(a)     in relation to palm oil, palm oil of “first quality” as defined under the provisions of the Export of Nigerian Produce Act, 1958;

[Cap. E20 LFN.]

(b)     in relation to palm kernels, palm kernels of “first quality” as defined under the provisions of the Export of Nigerian Produce Act, 1958;

(c)     in relation to palm produce, palm oil of first quality or palm kernels of first quality;

“the Law” means the Produce (Enforcement of Grades and Standards of Quality) Law;

“the Marketing Board” means Cross River State Marketing Board;

“palm produce” means palm oil or palm kernels;

“rotten or decayed” in relation to palm kernel means palm kernel which, on being cut as equally as possible into two parts, shows that half or more than half of the cut surface is rotten or decayed, and, for the purposes of this definition, part of palm kernel found in a sample shall be treated as if it were a whole palm kernel provided that once cut as equally as possible into two parts a palm kernel or part thereof, as the case may be, shall not be sub-divided.

(2)     For the purpose of paragraph (5) of regulation 5 “adulteration” in relation to palm produce means—

(a)     mixing or combining palm produce with other palm produce of first quality so that the resulting mixture or combination is not palm produce of first quality; or

(b)     injuriously affecting the quality of palm produce by mixing or combining with that palm produce any substance, matter or thing which is foreign, or superfluous whether that substance, matter or thing, is in itself harmful or not; or

(c)     mixing or combining husk, shell, pericarp, or rancid, rotten or decayed palm produce with other palm produce so that the resulting mixture or combination is not palm produce of first quality; or

(d)     altering the composition of palm produce by such means as injuriously affect the quality of the palm produce or alter its bulk or weight; or

(e)     injuriously affecting the quality of any palm oil or alter its composition or constituent parts by abstracting from that palm, oil any of the constituent parts thereof.

PART 2

Conditions for Export of or for taking Palm Oil out of the State

  1. Conditions affecting export or for taking palm oil out of the State

(1)     No palm oil shall be passed and sealed for export or be exported or be taken out of the State except palm oil of first quality, and no such palm oil shall be exported or taken out of the State unless it has been lawfully passed and sealed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Palm oil containers

(1)     Receptacles containing palm oil shall be kept securely closed in transit between production centers or markets and the registered produce stores.

(2)     Every storekeeper shall ensure that all receptacles intended to contain palm oil which may be offered for inspection for export or for being taken out of the State shall be thoroughly clean before palm oil is placed therein.

(3)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Testing of palm oil

(1)     For the purpose of inspection of palm oil a representative sample approximating to six pints shall be taken from a drum by means of a section try-rod, and the sample shall be placed in a standard type of copper try-pan.

(2)     The inspector shall cause oil so obtained to be slowly heated and mixed by stirring, and when the oil is sufficiently liquefied it shall be allowed to settle and, thereafter, shall be carefully decanted from the try-pan leaving therein any residue of water or extraneous matter.

(3)     The inspector shall then inspect the residue for the purpose of determining whether or not the palm oil is of first quality. If he is satisfied that the oil is of first quality he shall forthwith pass it.

(4)     Subject to paragraph (6) of this regulation the Chief Produce Officer may, for the purpose of determining whether any palm oil is of first quality or not, by previous instructions in writing to a produce officer, assistant produce officer or inspector, prescribe such alternative method of taking samples or of inspection of samples as shall in his opinion be no less reliable than that prescribed in the foregoing paragraphs of this regulation.

(5)     The Chief Produce Officer may by previous instruction in writing to a produce officer, assistant produce officer or inspector, prescribe such method of testing palm oil as he may deem adequate to check adulteration in palm oil.

(6)     Paragraph (4) of this regulation shall have effect only in respect of palm oil produced on the         estates specified in the First Schedule hereto or palm oil presented for inspection for export or for being taken out of the State in tanks.

(7)     The Commissioner may, by order, vary the list of estates specified in the First Schedule and the type of containers mentioned in paragraph (6) of this regulation.

  1. Transfer of samples

Transfer of ownership of palm oil used for sampling shall not be effected except upon payment in cash at the rates officially authorised for the purchase of palm oil.

  1. Closing and sealing of containers

(1)     A storekeeper shall ensure that every receptacle containing palm oil which has been inspected and passed as first quality shall be securely closed so as to prevent entry of water or other extraneous substance.

(2)     The inspector who inspected and passed the palm oil shall ensure that each receptacle is securely closed and shall seal the receptacle with one or more seals of the approved type each bearing the design as prescribed in the Second Schedule to these regulations, and all the numbers and letters, if any, of the hammer-press or steel seal press officially allotted to such inspector, shall be legibly impressed.

(3)     A produce officer may, subject to any instructions given to him by the Chief Produce Officer, approve the use of receptacles, other than drums, for palm oil, and thereupon the inspector shall ensure that those receptacles containing palm oil which has been inspected and passed as first quality are securely closed and shall seal them in such manner as may be considered suitable by the Chief Produce Officer.

(4)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

  1. Marking of containers

(1)     Each receptacle containing palm oil which has been inspected and passed as first quality shall be marked according to instructions issued by the Marketing Board, or by the Chief Produce Officer where the palm oil is not purchased on behalf of the Marketing Board, or by the Chief Produce Officer where the palm oil is not purchased on behalf of the Marketing Board.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Storage of containers

(1)     A storekeeper shall ensure that receptacles containing palm oil which have been sealed and marked as in paragraph (1) of regulation 8 are stored apart from ungraded and unsealed stocks, with the bungs upwards, and stacked in such a manner that they can be easily counted or approached for check test purposes.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

PART 3

Restrictions on Export of or on taking Palm Kernels out of the State

  1. Restrictions on export of or taking palm kernels out of the State

(1)     No palm kernels shall be passed and sealed for export or be exported or be taken out of the State except palm kernels of first quality, and no such palm oil shall be exported or taken out of the State unless they have been lawfully passed and sealed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Testing of palm kernels

(1)     For the purpose of inspection, all palm kernels shall be spread on a tarpaulin or a clean, firm, cemented or wooden floor. At an inspection not more than the contents of two hundred bags shall be examined and they shall be so spread as not to exceed a depth of twelve inches.

(2)     The palm kernels shall be thoroughly mixed by shovelling to the satisfaction of the inspector.

(3)     The inspector shall take indiscriminately from all parts of the parcel of the prescribed quantity an average representative sample and shall then—

(a)     draw a final sample of twenty-five ounces from the average representative sample; and

(b)     carefully separate all shell, fibre, rotten or decayed kernels and extraneous matter from the palm kernels contained in the final sample, carrying out the separation on a clean surface and not on a sack or the ground; and

(c)     weigh the shell, fibre, rotten or decayed kernels and extraneous matter so separated.

(4)     If as a result of the examination carried out in accordance with this regulation the inspector is satisfied that the palm kernels contained in the sample are of first quality, he shall forthwith pass the kernels contained in the parcel as first quality palm kernels.

(5)     The inspector shall complete the testing, passing, sewing and sealing of each separate parcel before commencing to examine another parcel.

(6)     Subject to paragraph (7) of this regulation the Chief Produce Officer may, for the purpose of determining whether any palm kernels are of first quality or not, by previous instructions in writing to a produce officer, assistant produce officer or inspector, prescribe such alternative method of taking or inspecting samples as shall in his opinion be no less reliable than that prescribed in the foregoing paragraphs of this regulation.

(7)     Paragraph 6 of this regulation shall have effect only in respect of palm kernels produced on the estates specified in the First Schedule hereto, or of such other palm kernels as the Commissioner may with the advice of the Cross River State Produce Inspection Board, approve.

  1. Sifting and packing

(1)     A storekeeper shall ensure that all palm kernels which have been inspected and passed as first quality are at once thoroughly riddled with a sieve having a mesh of not less than five-sixteenth of an inch, and packed in sound, clean, dry bags having no holes and of the quality specified by the Marketing Board.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Sewing

(1)     A bag containing the palm kernels duly packed shall be sewn up at once without lugs by means of lock stitches placed not more than one inch apart. The twine used shall be continuous with the ends so disposed that no knots are accessible and the ends can be securely sealed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Marking of bags

(1)     A storekeeper shall ensure that all bags used for packing palm kernels inspected and passed for export or for being taken out of the State shall be marked—

(a)     in the case of export, according to instructions issued by the Marketing Board; or

(b)     in the case of being taken out of the State, according to instructions issued by the Produce Inspection Division.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Sealing

(1)     The inspector who inspected and passed the palm kernels shall ensure that each bag has been securely sewn and shall seal each bag with a seal or seals of the approved type, each bearing the design as prescribed in the Second Schedule to these regulations and all the numbers and letters, if any, of the hammer-press or steel seal press officially allotted to such inspector shall be legibly impressed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Storage

(1)     A storekeeper shall ensure that all bags of palm kernels which have been sealed are forthwith stored on a wooden platform or on such dunnage as may be considered suitable and adequate by a produce officer, assistant produce officer or inspector in such a manner that—

(a)     no part of a bag shall come in contact with the floor of the store; and

(b)     a space of at least three feet is left between the stacked bags of palm kernels and the walls of the store; and

(c)     the bags of palm kernels are stacked in such a manner that they can be counted without difficulty.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Destruction of siftings

(1)     As soon as palm kernels have been inspected whether the palm kernels have been passed as first quality or not, the storekeeper shall ensure that all shell, rotten or decayed kernels, sand and other extraneous matter removed in the course of inspection, cleaning, sampling and sifting are removed from the registered produce store and destroyed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

PART 4

Inferior Quality of Palm Produce

  1. Restriction on purchase and sale

(1)     No person shall buy or sell or offer or expose for sale or possess for sale or receive or tender in satisfaction of any claim or demand any palm produce intended for export or for being taken out of the State which is not of the first quality.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(3)     In any prosecution under this regulation if the person charged contends that such palm produce was not bought or sold or offered or exposed for sale or received or tendered in satisfaction of any claim or demand or intended for export or for being taken out of the State as alleged, the onus of proving such contention shall be upon the person.

  1. Restriction on possession

(1)     No person, other than the grower of palm produce on his own premises or other premises approved by a produce officer, shall have in his custody, possession or under his control whether for the use or benefit of himself or of any other person or whether as an agent, employee or servant of any other person, any palm produce intended for export or for being taken out of the State which is not of first quality.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(3)     In any prosecution under this regulation if the person charged contends that such palm produce is not intended for export or for being taken out of the State or that he comes within the exception, the onus of proving such contention shall be upon him.

  1. Transport

(1)     No person, other than a grower of palm produce transporting his own raw palm produce from the land on which it was grown to his premises or to other premises approved by a produce officer, shall transport or deliver or cause to be delivered for transport any palm produce intended for export or for being taken out of the State that is not of first quality.

(2)     A person who contravenes or fails to comply with the provisions of this regulation is guilty of an offence.

(3)     In a prosecution under this regulation if the person charged contends that such palm produce is not intended for export or for being taken out of the State or that he comes within the exception, the onus of proving contention shall be upon him.

  1. Penalty

A person who is guilty of an offence under these regulations is liable on conviction to a fine of four hundred naira or imprisonment for six months.

 

SCHEDULES

FIRST SCHEDULE

[Regulations 5.]

List of Approved Estates

  1. Calabar Oil Palm Estate.
  2. Calaro Estate.
  3. Kwa Falls Estate.

 

SECOND SCHEDULE

[Regulations 7 and 15.]

Design on seals for containers of “First Quality” Palm Oil and for bags of “First Quality” Palm Kernels

RUBBER (INSPECTION FOR EXPORT) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary

REGULATION

  1. Citation.
  2. Exemptions.
  3. Interpretation.

PART 2

Inspection and Grading of Rubber

  1. Condition of export.
  2. Grading.
  3. Packing and marking of rubber.
  4. Sewing and Sealing.
  5. Destruction of rejects, etc.
  6. Restriction on sale, purchase, etc.
  7. Restriction on delivery.
  8. Inspection fee.
  9. Penalty.

SCHEDULES

RUBBER (INSPECTION FOR EXPORT) REGULATIONS

PART 1

Preliminary

  1. Citation

These regulations may be cited as the Rubber (Inspection for Export) Regulations.

  1. Exemptions

(1)     These regulations shall not apply—

(a)     to the corporations, plantations, firms and merchants set out in the First Schedule hereto;

(b)     to crepe rubber prepared by machine processes; and

(c)     to paste rubber of all kinds.

  1. Interpretation

In these regulations—

“adulteration” means—

(a)     when used in relation to rubber, the admixture or combination together of a quality of rubber of exportable standard with either—

(i)      a quantity of rubber not of exportable standard; or

(ii)     any rubber which is not derived from the tree Hevea Brasiliensis; or

(iii)    any rubber which may have been of exportable standard but has since deteriorated and become not of exportable standard, whether it has been passed and graded or not; or

(iv)    any substance other than paranitrophenol or a prescribed coagulant which is foreign or superfluous; and

(b)     when used in relation to latex, the admixture or combination together of a quantity of latex derived solely from the tree Hevea Brasiliensis with either—

(i)      a quantity of rubber not derived or not wholly derived from the tree Hevea Brasiliensis; or

(ii)     a coagulant other than a prescribed coagulant; or

(iii)    a preservative other than paranitrophenol; or

(iv)    any substance which is foreign or superfluous excepting paranitrophenol or a prescribed coagulant;

“exportable standard” in relation to rubber means a preparation for export from latex derived from the tree Hevea Brasiliensis, coagulated by a prescribed coagulant in the case of sheets and cuttings smoke cured or shade dried, and which conforms to the grades and standards\ prescribed under Export Produce (Federal Powers) Act, 1961;

[Cap. E21 LFN.]

“prescribed coagulant” means formic acid or citric acid or pure lime juice;

“the Law” means the Produce (Enforcement of Grades and Standards of Quality) Law.

PART 2

Inspection and Grading of Rubber

  1. Condition of export

(1)     No rubber to which these regulations apply shall be graded and sealed for export except if it is rubber of exportable standard, and no person shall export or attempt to export such rubber unless it has been lawfully passed and sealed.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Grading

All rubber to which these regulations apply shall be examined by a produce officer, assistant produce officer or produce inspector and if found to be of exportable standard shall be graded, passed and sealed by him with a seal or seals of the approved type, each bearing the design as prescribed in the Second Schedule.

  1. Packing and marking of rubber

(1)     As soon as rubber has been inspected, graded and passed, the storekeeper shall ensure that it is forthwith packed into bales to the satisfaction of a produce officer, assistant produce officer or inspector.

(2)     Each grade of rubber shall be packed separately in bales of one or two hundred weights nett, and the covering shall be sewn up in such a way as to enable the outer ends of the sewing twine to be sealed.

(3)     The storekeeper shall ensure that each bale of rubber which has been graded and sealed in accordance with regulation 5 is clearly marked with the appropriate grade mark as contained in the Third Schedule.

  1. Sewing and Sealing

(1)     The produce officer, assistant produce officer or inspector who graded the rubber shall—

(a)     ensure that each bale has been securely sewn; and

(b)     seal each bale with a seal or seals each bearing the design as prescribed in the Second Schedule, making sure at the time that the hammer press or steel seal press number officially allotted to him is legibly impressed; and

(c)     ensure that each bale is marked correctly according to the grade of the rubber therein contained as provided in the Second Schedule.

(2)     Every storekeeper shall ensure that all bales of rubber which have been sealed and marked are forthwith stored on a wooden platform or on such dunnage as may be considered suitable and adequate by a produce officer, assistant produce officer or Inspector in such a manner that no part of any bale shall come into contact with the floor and the wall of the store and that the bales can be counted without difficulty.

(3)     Every storekeeper shall ensure that all bales of rubber which have been sealed and marked by a produce officer, assistant produce officer or inspector are stored apart from any rubber which has not been graded and sealed.

(4)     Every storekeeper shall ensure that all bales of any one grade of rubber are stored apart from all bales of any other grade of rubber.

(5)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Destruction of rejects, etc.

(1)     As soon as rubber has been graded the storekeeper shall—

(a)     ensure that all rejected, ungradeable or unexportable rubber is removed forthwith from the registered produce store unless the rubber has been seized and detained by a produce officer, assistant produce officer, or inspector; and

(b)     ensure that all barks, extraneous matters or inferior pieces cut out from the rubber are removed forthwith from the store and at once destroyed to the satisfaction of a produce officer, assistant produce officer, or inspector.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Restriction on sale, purchase, etc.

(1)     No person shall, upon the premises of a registered produce store, buy or sell or sell or receive or tender in satisfaction of any claim or demand, or have in his custody or possession or under his control, whether as an agent, employee or servant of any other person, any rubber intended for export which is not of exportable standard.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

(3)     In a prosecution under this regulation if the person charged contends that such rubber was not intended for export or was not bought or sold or received or tendered in satisfaction of any claim or demand as alleged, the onus of proving such contention shall lie upon the person so charged.

  1. Restriction on delivery

(1)     No person shall deliver or cause to be delivered to a registered produce store any rubber not of exportable standard.

(2)     A person who contravenes or fails to comply with the provision of this regulation is guilty of an offence.

  1. Inspection fee

(1)     For inspection and grading services a fee of one naira per ton or part thereof shall be paid to the Board of Customs and Excise at the time of export on all rubber to which these regulations apply.

(2)     All such fees shall be paid into Government Revenue.

  1. Penalty

A person who is guilty of an offence under these regulations is liable on conviction to a fine of four hundred naira or imprisonment for six months.

SCHEDULES

FIRST SCHEDULE

[Regulation 2.]

Lever’s Nigeria Plantations Limited, Ikot Mbo Rubber Estate, Calabar.

 

SECOND SCHEDULE

[Regulation 6 (1).]

Design on Seals for Bales and Bags of Graded Rubber, as below—

 

THIRD SCHEDULE

[Regulation 6 (3).]

Grade Mark
A1 ……………………………………………………………………………………………… E.N.R. A1
A2 ……………………………………………………………………………………………… E.N.R. A1
A3 ……………………………………………………………………………………………… E.N.R  A3
B1 ……………………………………………………………………………………………… E.N.R  B1
B2 ……………………………………………………………………………………………… E.N.R B2
C1 ……………………………………………………………………………………………… E.N.R C1

Each figure and number of the mark shall be at least three inches high.

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