CROSS RIVER – VEGETABLE OIL REFINING (LICENSING AND CONTROL) LAW
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LAWS OF CROSS RIVER STATE
CHAPTER V2
VEGETABLE OIL REFINING (LICENSING AND CONTROL) LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
- Vegetable Oil Refining Regulations.
VEGETABLE OIL REFINING REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
- Application for licence.
- Licence.
- Licence to be shown to Inspector.
4.
- Return of licence.
- Selling etc., refined oil, etc., offence and penalty.
- Transport of refined oil, etc., offence and penalty.
- Powers of inspectors.
- Further powers of Inspectors.
- Offences in respect of seized oil, etc.
- Record books (Third Schedule).
- Special order of court.
- Citation.
- Interpretation.
VEGETABLE OIL REFINING REGULATIONS
- Application for licence
An application for a licence shall be in the form prescribed in the First Schedule.
[First Schedule.]
- Licence
(1) A licence shall be in the form prescribed in the Second Schedule and shall be signed by a Licensing Authority and the licensee whose signature shall be witnessed by an Inspector.
(2) A licence shall be free.
[Second Schedule.]
- Licence to be shown to Inspector
The holder of a licence who fails to produce it for inspection at the request of an Inspector at the premises to which it relates or at some other place specified by the Inspector shall be guilty of an offence and liable upon summary conviction to a fine not exceeding fifty naira or to a term of imprisonment not exceeding two months.
- Any person who—
(a) lends, borrows, transfers, alters, defaces or forges a licence; or
(b) obtains or attempts to obtain a licence by any false pretence or improper means, shall be guilty of an offence and liable upon summary conviction to a fine not exceeding four hundred naira or to a term of imprisonment not exceeding twelve months.
- Return of licence
(1) A licensee who ceases to refine oil shall return his licence to the Licensing Authority immediately who shall cancel such licence.
(2) Any person contravening the provisions of sub-regulation (1) shall be guilty of an offence and liable upon summary conviction to a fine not exceeding fifty naira or to a term of imprisonment not exceeding two months.
- Selling etc., refined oil, etc., offence and penalty
Any person (other than the holder of a valid licence, his agents and servants) who—
(a) buys or receives; or
(b) sells, offers for sale or exposes for sale; or
(c) tenders in satisfaction of any claim or demand; or
(d) is in possession of or has under his control or custody whether for sale or for any other purpose and whether for the use or benefit of himself or of any other person, any refined oil or the waste products of oil arising out of the refining of oil; shall be guilty of an offence and liable upon summary conviction to a fine not exceeding four hundred naira or to a term of imprisonment not exceeding twelve months.
- Transport of refined oil, etc., offence and penalty
Any person other than the holder of a valid licence or his agent or servant who transports or delivers or causes to be delivered for transport any refined oil or waste products of oil arising out of the refining of oil shall be guilty of an offence and liable upon summary conviction to a fine not exceeding two hundred naira or to a term of imprisonment not exceeding six months.
- Powers of Inspectors
(1) For the purposes of carrying out his duties an Inspector shall have power—
(a) to stop any person carrying or whom he reasonably believes to be carrying any refined oil or waste products of oil and to stop and search any vehicle, boat, canoe or animal carrying or which he reasonably believes to be carrying such substances and to call upon the person in charge of such vehicle, boat, canoe or animal and the person in charge of such substances to unload any such substances for examination;
(b) to direct the person in charge of any vehicle, boat, canoe or animal carrying or which he reasonably believes to be carrying any refined oil or products or waste products of oil to proceed in or with the particular vehicle, boat, canoe or animal to the nearest suitable place for the purpose of there depositing any such refined oil or the waste products of oil;
(c) to seize and detain any oil or waste products of oil or substance or any receptacle, container or article used in connection with the refining of oil in respect of which he has reasonable grounds to believe that an offence has been committed against the law or these regulations;
(d) to direct that the person in charge or in possession of any oil, substance or other thing seized and detained under the provisions of paragraph (c) to proceed to the nearest suitable place for the purpose of depositing such oil, substance or other thing.
(2) Any person who seizes and detains any oil, substance or any thing under subregulation (1) shall within twenty-four hours report that fact to the nearest Magistrate.
- Further powers of Inspectors
(1) Where any oil, substance or other thing which has been seized and detained is not already packed in suitable receptacles an Inspector may order that it shall be so packed and the owner or person in charge thereof shall be responsible for the provision of suitable receptacles and the labour necessary to carry out the order.
(2) Any oil, substance or other thing which has been seized and detained by an Inspector shall be sealed in receptacles to the satisfaction of the Inspector and shall not be moved except with the written permission of an Inspector.
- Offences in respect of seized oil, etc.
Any person who—
(a) without lawful excuse removes, cleans, or in any way tampers with any oil, or waste products of oil or any substance, receptacle or articles seized or detained by an Inspector;
(b) without lawful excuse breaks or removes any seal or any twine, wire, or other means of securing such seal placed upon a receptacle containing oil, by- or waste products of oil or substance, or upon any article seized and detained by an Inspector;
(c) without lawful excuse, substitutes for any oil or waste product of oil or substance or receptacle or article seized and detained by an Inspector any other substance or thing or adds extraneous matter thereto;
(d) without lawful excuse, being a person in whose custody an Inspector places any oil, substance or article seized and detained by him causes or by neglect or otherwise permits any of the actions set forth in paragraph (a), (b) or (c) of this regulation to occur, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding four hundred naira or to a term of imprisonment not exceeding twelve months.
- Record books (Third Schedule)
(1) Any person to whom a licence is issued under the Law shall provide and maintain, in respect of the premises named in such licence, record books in the forms prescribed in the Third Schedule. Such record books will be kept in the premises to which they relate and must be available for scrutiny on demand by an inspector at all reasonable times.
(2) The licensee shall cause all of the pages of the record books to be numbered consecutively, by the use of legible markings made with ink.
(3) The licensee shall record or cause to be recorded the appropriate entries for each transaction in each record book upon the day on which such transaction is effected.
(4) A licensee who neglects to make an entry in the record book or neglects to cause an entry to be made as required under the provisions of these regulations or who makes or causes to be made a false entry therein or who renders or causes to be rendered any entry therein illegible or who mutilates or causes to be mutilated the record books or any page thereof shall be guilty of an offence.
(5) Any record book kept by a licensee as required by the provisions of this regulation shall be deemed to be an article used in connection with the refining of oil for the purposes of regulation 12.
(6) A licensee shall keep and maintain an accurate record of accounts in respect of the refining of oil and such accounts shall be available for inspection by any Inspector appointed by the Commissioner in this behalf at all reasonable times.
(7) Any person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding two hundred naira or to a term of imprisonment not exceeding six months.
- Special order of court
Upon the conviction of any person for an offence against the Law or these regulations the High Court or the Magistrate’s Court may, in addition to any sentence which may be imposed, make such order as it thinks fit for the destruction of any oil, waste product, or any substance seized and detained by an Inspector regarding which any offence appears to have been committed or which has been used for the commission of any offence.
- Interpretation
In these regulations—
“Inspector” means an Inspector appointed under section 8 of the Law;
“the Law” means the Vegetable Oil Refining (Licensing and Control) Law;
“licence” means a licence granted by the Commissioner under section 3 of the Law;
“Licensing Authority” means a person authorised by the Commissioner to sign licences on his behalf;
“licensed premises” means premises including land on which oil may be refined by the holder of a valid licence.
- Citation
These regulations may be cited as the Vegetable Oil Refining Regulations.
SCHEDULES
FIRST SCHEDULE
Application for Licence to Refine Oil
[Regulation 3.]
Name of applicant …………………………………………………………………………………………………………….
Address of applicant …………………………………………………………………………………………………………….
Address at which it is proposed to refine oil …………………………………………………………………………………..
FIRST SCHEDULE—(continued)
Kind of oil to be refined …………………………………………………………………………………………………………….
Estimated average monthly quantity of oil to be refined ………………………………………………………………….
Name of authorised agent if any …………………………………………………………………………………………………..
No. and date of issue of previous licence if any ………………………………………………………………………………
I hereby certify that to the best of my knowledge and belief the foregoing particulars are correct in all respects and that it is my intention that all oil refined by me or by any person acting on my behalf will be totally hydrolysed or saponified and that no residual oil will remain after such refining.
………………………………………………………………………
Signature of Applicant
……………………………………………… 20 ………………..
SECOND SCHEDULE
Licence to Refine Oil
[Regulation 4.]
Licence No. ………………………………………… Date of issue ………………………………………. 20 ………………..
Licence is hereby issued to ………………………………………………………………………………………………………….
Residing at ……………………………………………………. to refine oil at ……………………………………………………
This licence expires on the …………………………… day of …………………………………………. 20 ………………..and is valid only at the premises mentioned herein.
The person authorised by this licence to refine oil must ensure that all oil refined by him or by any person acting on his behalf is totally hydrolysed or sapoinified and that no residual oil remains after such refining. Failure to comply with this condition is an offence punishable under section 4 of the Vegetable
Oil Refining (Licensing and Control) Law (Chapter V2).
………………………………………………………………………
Signature of Licensing Authority
………………………………………………………………………
Signature of Licensee or right thumb-print
of Licensee (if illiterate)
………………………………………………………………………
Witness to signature or the
Thumb-print of Licensee
Note.—The witness must be an Inspector appointed under the Vegetable Oil Refining (Licensing and Control) Law (Chapter V2).
THIRD SCHEDULE
Vegetable Oil Refining Regulations
[Regulation 13.]
Name of Premises ………………………………………………………………………………………………………………………………………………………………………………………………..
Name of Licensee ……………………………………………………………………………………………………………………….
Licensee’s representative if authorised to sign record books
RECORD BOOK “A”
Vegetable Oil Refining (Licensing and Control) Law
