Producer Organisations Board Regulations, 2011

L.N. 233 of 2011

PRODUCER ORGANISATION ACT

(CAP. 447)

Producer Organisations Board Regulations, 2011

IN exercise of the powers conferred by article 19 of the

Producer Organisations Act, the Minister for Resources and Rural

Affairs has made the following regulations:-

Th e title o f t h e s e r eg u l atio n s is th e P r o d u ce r

Organisations Board Regulations, 2011.

In these regulations, unless the context otherwise

requires:-

“the Act” means the Producer Organisations Act;

“the Board” means the Producer Organisations Board

established in terms of regulation 3 of these regulations;

“the Director” shall have the same meaning as that

assigned to it in the Act;

“the Directorate” means the Directorate of Agriculture;

“the Minister” means the Minister responsible for

agriculture;

“the Paying Agency” means the entity established in

terms of the Paying Agency Regulations;

“producer organisation” shall have the same meaning as

that assigned to it in the Act.

(1) There shall be established a Producer Organisations

Board which shall be responsible for

(a) advising the Director on any matter relating to

granting of recognition to producer organisations or producer

groups;

(b) advising the Director on decisions to be taken on

any matter arising from any application submitted in terms of

any regulations made under the Act;

(c) advising the Director on any measures to be taken

on any matter in connection with the monitoring of producer

organisations and producer groups, including recommending

the review of a particular producer organisation’s operation

and recommending spot-checks or thorough investigations;

(d) advising the Director on any measures to be taken

in connection with cases of non-compliance including the

possible withdrawal of recognition.

(e) making proposals to the Director regarding the

initiation of reviews and audits;

(f) making proposals to the Director regarding the

adoption and implementation of Manuals of Procedure to

regulate the procedures to be undertaken by the Directorate

with respect to the recognition of producer organisations and

the monitoring and review of their operations;

(g) making proposals to the Director for the

publication of guidelines on the setting up and operation of

producer groups and producer organisations;

(h) advising the Director on any other matter in

connection with producer organisations as may be requested

by the Director.

(2) The Producer Organisations Board shall consist

of five members to be appointed by the Minister and shall hold

office in accordance with such terms as established in their letter of

appointment.

(3) The Board shall regulate its own procedure.

(4) The Chairperson of the Board shall be appointed

by the members of the Board during its first sitting.

(5) The Secretary to the Board shall be appointed by

the Director.

(6) Every member of the Board shall regard and

deal with all documents and information relating to matters

contemplated by or pursuant to the provisions of these regulations

as secret and confidential and shall make and subscribe before

a Commissioner for Oaths a declaration on oath to this effect in

the form prescribed which shall be deposited with the Attorney

General.

(1) The Director shall consult the Board in the exercise

of his duties provided for in articles 7 (1) (a) and (b), 8(2) and (3),

11(2)(a),(b) and(c), and 14(2) of the Act and any regulations made

thereunder, and prior to taking any decision as required by the same

articles or regulations.

(2) The Director may also consult the Board in the

exercise of other duties provided for in the Act and any regulations

made thereunder, and particularly with respect to articles 6(2)(d),

12(1) and 13(1) of the Act.

The Board shall ensure that it provides the advice to the

Director as required in terms of regulation 3 in accordance with

the provisions of all applicable national and European Union

legislation in force at the time.

The Board shall, by the 31st March, submit an annual

report to the Minister in respect of the work undertaken during the

previous calendar year.