CONTROL OF TOMATO PASTE AND OF SALE OF TOMATOES FOR PROCESSING PURPOSES REGULATIONS

SUBSIDIARY LEGISLATION 117.13

CONTROL OF TOMATO PASTE AND OF SALE OF

TOMATOES FOR PROCESSING PURPOSES

REGULATIONS

19th July, 1957

GOVERNMENT NOTICE 424 of 1957, as amended by Legal Notices 15

of 1964, 206 of 1996 and 409 of 2007.

The title of these regulations is Control of Tomato Paste

and of Sale of Tomatoes for Processing Purposes Regulations.

P ART I

Definitions

In these regulations unless the context otherwise requires -

''manufacturer'' means any person, body or association of

per s o ns , s o c i e ty, c or po r a ti on , p a r tn e r s hi p or c om pa ny t ha t

processes tomatoes mainly for commercial purposes; and ''to

manufacture'' shall be construed accordingly;

''pitkal'' means a person who undertakes to sell tomatoes to third

persons wholesale on account of the owner or owners;

''producer'' means any person who cultivates or grows tomatoes

mainly for disposal thereof on his own account;

' ' p u r c h a s e ' ' m e a n s a n y a c q u i s it i o n u n d e r a n y o n e r o u s o r

gratuitous title; and ''to purchase'' shall be construed accordingly;

''sale'' includes any disposal under any onerous or gratuitous

title; and ''to sell'' shall be construed accordingly;

''society'' means a co-operative society duly registered under the

Co-operative Societies Act.

P ART II

Sale of Tomatoes

In this Part ''Director'' means the Director of Agriculture.

(1) It shall be unlawful for any producer, pitkal or society

to sell to a manufacturer or to have in his possession for sale to a

manufacturer, and for any manufacturer to buy, tomatoes which are

not generally free from the following defects, namely -

(a) unripe;

(b) insect infested, mouldy, or diseased;

(c) crushed or broken;

(d) grossly sunburnt;

(e) containing stalks or foreign matter

Provided that it shall be lawful for a producer, pitkal or

society to offer for sale tomatoes which are grossly sunburnt to a

manufacturer who, at his discretion, may accept to buy them.

(2) It shall be unlawful for any producer to deliver tomatoes to

any pitkal, society or manufacturer or for any pitkal or society to

deliver tomatoes to any manufacturer unless the tomatoes placed at

the top of each container are a fair sample of the entire contents

thereof.

A sanitary inspector of the Department of Health or the

Director may cause any quantity of tomatoes intended to be

delivered to manufacturers to be examined with a view to securing

that the provisions of regulation 4(1) and (2) are being complied

with.

(1) The Director may from time to time by order in the

Gazette fix minimum prices at which manufacturers may purchase

tomatoes and specify the conditions under which such prices are to

apply.

(2) All tomatoes shall be weighed before they are delivered to

the manufacturers. Such weighing shall be carried out by the pitkal

or society through whom they are sold by a producer directly to a

manufacturer, by or on behalf of the latter. In determining the price

of a quantity of tomatoes sold, it shall be lawful to make a

reasonable deduction for the weight of the containers.

(3) It shall be unlawful for any manufacturer to purchase

tomatoes otherwise than directly from a producer or through a

society or a pitkal. A manufacturer who buys tomatoes directly

from a producer shall, on taking delivery thereof, give to the

producer a voucher signed by him or on his behalf showing the

name of the producer and the number of his farmer’s registration

card, the net weight of the tomatoes purchased, the price thereof

and the date of delivery; he shall also keep a copy of the voucher.

(4) When an order is made under sub-regulation (1) it shall be

unlawful for any manufacturer to purchase tomatoes unless the

provisions of that order are complied with or to impose any

conditions in connection with such purchase other than a condition

authorised by the order.

(5) The Director may take such steps as he may deem necessary

to supervise the purchase of tomatoes by manufacturers and to

ensure that any order that may be made fixing the prices or the

conditions of the purchase is strictly complied with.

Every society shall not later than the Wednesday of each

week make a return to the Director showing the weight of tomatoes

sold to each manufacturer on each day of the preceding week and

the price or other consideration of each quantity so sold. In the case

where no such sales are made a ''nil'' return shall be sent.

P ART III

Processing of Tomatoes

In this Part ''Director'' means the Director of Trade.

(1) No manufacturer shall process tomatoes or sell the

product derived from such processing without a special licence in

w r i t i n g t o t h a t e ff e c t b y t h e D i r e c t o r o r o t h e r w i s e t h a n i n

accordance with any conditions to which such licence may be

subject.

Any such licence shall not exempt the holder thereof from

the obligation of obtaining any licence required under any other

law in force.

(2) Licences issued under these regulations shall be personal

and non-transferable and, subject to withdrawal or cancellation by

the Director, they shall be valid until the 30th June following the

date of issue or renewal.

(3) The Director at his discretion may refuse the grant or the

renewal of a licence, or, in granting or renewing it, may impose

such conditions as he may deem proper.

(4) The Director may from time to time by order given in

writing to a manufacturer specify the number, kind and capacity of

the containers in which the tomato paste or any other tomato

product manufactured by him us to be canned and/or packed.

(5) When such an order is given, it shall be unlawful for any

manufacturer to manufacture tomato paste or any other tomato

product in containers otherwise than in accordance with the

specifications laid down therein.

(1)

Manufacturers shall keep records showing -

(a) the net weight of tomatoes purchased supported by the

relative purchase vouchers or other documents;

(b) the name and address of the producer (including the

number of his farmer’s registration card), pitkal or

society from whom the tomatoes were purchased;

(c) the price and/or other consideration of each purchase;

(d) the weight and total tomato solids content of the

tomato paste and the weight of other tomato products

derived from the processing of tomatoes;

(e) the number, kind and capacity of the containers in

which the tomato paste or any other tomato product is

packed;

(f)

the name and address of each person to whom the

tomato paste or any other tomato product is sold and

indicating the quantity and the date of each sale and, in

the case of tomato paste, the total tomato solids

content of each quantity sold.

(2) The records and documents referred in sub-regulation (1)

shall be accessible to the Director or to any person authorised by

him in writing in that behalf; the Director or other person so

authorised shall have the power to take extracts from such records

and documents which shall not be destroyed without the previous

authority in writing of the Director.

(3) The Director may from time to time specify the form in

which the records referred to in sub-regulation (1) shall be kept.

(1) The Director may, whenever he deems it necessary,

require manufacturers or any one or more of them to make to him,

on specified days or within such periods of time as may be

specified, returns in forms prescribed by the Director showing any

of the particulars required to be kept under regulation 10 and/or

such other particulars concerning the manufacturers’ trade or

business as he may require.

(2) The Director may also require any person or any one or

more classes of persons on specified days or within such periods of

time as may be specified to make returns in forms prescribed by the

Director showing the stock of locally manufactured tomato paste or

of any other tomato product held by them on such day or days as

may be specified.

(1) It shall be unlawful for any manufacturer to use, in the

making of tomato paste or other tomato product, tomatoes which

are unripe, insect infested, mouldy or diseased, crushed or broken,

or which contain stalks or foreign matter.

(2) It shall be unlawful for any manufacturer to make, and for

any manufacturer, wholesaler or retailer to sell or to have in his

possession for sale any tomato paste whether in a container or

loose, that contains anything other than strained tomato solids (the

minimum content by weight of which shall be twenty-eight per cent

of the paste), moisture, sugar and salt.

Whenever tomato paste is on the business premises of a

manufacturer, wholesaler or retailer it shall be deemed to be for

sale unless the manufacturer, wholesaler or retailer, as the case may

be, proves otherwise.

(3) Where, however, following an examination of the tomato

paste of any manufacturer, the Director is of opinion that, though

the provisions of sub-regulation (2) have been complied with, that

particular paste is unsatisfactory at to its consistency or colour or

palatability, he may issue an order to that manufacturer varying the

percentage by weight of tomato solids in the tomato paste being

made by him or requiring any other change in the process of

manufacture. Such an order may be withdrawn or cancelled by the

Director whenever he deems proper.

(4) A sanitary inspector of the Department of Health or the

Director or any other person authorised by him in writing in that

behalf shall have power at any reasonable time to enter and inspect

any factory, store or shop in which tomato paste or any other

tomato product is being produced, stored or sold, to inspect the

tomatoes, tomato paste, tomato products or any material used in the

manufacture or packing of tomato products and, if he deems

necessary, to take samples thereof for the purpose of examination

or analysis.

In the case of samples taken from manufacturers, they shall

be taken free of charge; in other cases the current market value

shall be paid; in every case a receipt shall be given to the person

from whom the sample is taken.

(5) Where a sample of tomato paste or other tomato product is

taken under sub-regulation (4), such sample shall be divided into

two parts by the person taking the same, and each such part shall be

sealed by him in the presence of the person from whom the sample

is taken, and shall thereupon be signed by both of them; one part

shall be retained by the person taking the sample and the other by

the person from whom it is taken

Provided that if the person from whom the sample is taken

refuses or is unable to sign, the signature of the person taking the

sample shall be sufficient.

The authorisation referred to in regulations 10(2) and 12(4)

may be general or it may refer to one or more particular occasions.

(1) Unless otherwise authorised by the Director, the

manufacturer shall cause all containers of tomato paste

manufactured by him to bear the name of the manufacturer, the

name of the month and the year of manufacture and the net weight

legibly and indelibly marked upon them.

(2) All containers of tomato paste of the same manufacturer

bearing the name of the same month and year or other mark

corresponding thereto authorised by the Director shall, in the

absence of proof to the contrary, be deemed to contain tomato paste

of the same consistency, colour and palatability.

P ART IV

Penalties

Any person who contravenes or fails to comply with any of

these Regulations or with any order or direction made or given

thereunder or who hinders or obstructs a sanitary inspector of the

Department of Health or the Director of Agriculture or the Director

of Trade or any person lawfully authorised hereunder by the

Director of Agriculture or the Director of Trade from doing

anything that may lawfully be done thereunder shall be guilty of an

offence under these Regulations and shall, without prejudice to any

other provisions of these Regulations, be liable to a fine (multa) of

not less than twenty-three euros and twenty-nine cents (23.29) but

not exceeding one hundred and sixteen euros and forty-seven cents

(116.47).

(1) Where the offence is against the provisions of

regulations 9(1) or 12(2), or any order is made in terms of

regulation 12(3), the fine (multa) shall be of not less than forty-six

euros and fifty-nine cents (46.59) but not exceeding two hundred

and thirty-two euros and ninety-four cents (232.94); and where the

o ff e n c e i s a g a i n s t t h e p r o v i s i o n s o f r e g u l a t i o n 4 , t h e f i n e

(ammenda) shall be of not less than four euros and sixty-six cents

(4.66) but not exceeding eleven euros and sixty-five cents (11.65).

(2) Where on any prosecution under these Regulations, the

Court is satisfied that a manufacturer has made or sold or has in his

possession for sale tomato paste which does not conform to the

provisions of regulation 12(2), or that the manufacturer has not

conformed with any order issued to him in terms of regulation

12(3), subject to what is hereinafter provided, the Court shall order

the forfeiture of all the tomato paste of that manufacturer deemed

in terms of regulation 14(2) to be of the same consistency as that

which has been subjected to examination or analysis in terms of

these Regulations and which has been actually found by the Court

to offend against regulation 12(2) or of any order issued in terms of

regulation 12(3)

Provided that before giving any such order the Court shall

by summons order the manufacturer, if he has not been party to the

proceedings, to appear before it, and shall give him a reasonable

opportunity to show within not more than eight days why such

order of forfeiture as aforesaid should not be made.

(3) Where an order of forfeiture as aforesaid has been made

such order shall be published in the Gazette, and the Police shall be

empowered to withdraw all the tomato paste so forfeited from the

market, provided that any wholesaler or retailer to whom it may

have been sold by the manufacturer or on his behalf shall, in the

absence of collusion, have a right to be indemnified by the

manufacturer in respect of any quantity of tomato paste withdrawn

from them in virtue of this regulation.

(4) It shall be an offence under these regulation for any

wholesaler or retailer after the publication of such order in the

Gazette to dispose knowingly of any tomato paste forfeited as

aforesaid.

(5) On a second or subsequent conviction against the

provisions of regulation 12(2) or against any order issued in terms

of regulation 12(3), the Court may, in addition to the penalties

above contemplated, sentence the offender to imprisonment for a

period of not more than three months.

(1) Where a sanitary inspector of the Department of

Health or the Director of Trade or any other person authorised by

him in writing on that behalf, following an inspection in terms of

regulation 12(4), finds on the premises of the manufacturer

tomatoes which are generally insect infested, mouldy or diseased,

he shall report the matter to the senior health officer or a medical

officer of health, who will immediately proceed to the premises,

and after hearing on the spot any representations by both the

sanitary inspector or the Director of Trade or any other person

authorised by him as aforesaid and the manufacturer, shall order

the tomatoes to be forfeited if he considers that the tomatoes are

generally insect infested, mouldy or diseased.

(2) On giving such an order the senior health officer or medical

officer of health shall be empowered to take all such steps as may

be necessary to ensure that the order is complied with forthwith,

and the manufacturer shall have no right of compensation against

any public officer in connection with any such order, saving any

right of regress competent to him, if any, against the person from

whom the tomatoes were purchased, according to law.

Offences under these regulations are to be deemed

contraventions and the provisions of the Criminal Code relating to

criminal proceedings shall, subject as hereinafter stated, apply in

respect of proceedings for offences under these regulations

Provided that proceedings in respect of an offence under

these regulations may be commenced at any time within one year of

the commission of the offence.

(1) The Court by which a manufacturer is found guilty of

an offence under these regulations consisting in purchasing

tomatoes at a price lower than the minimum price fixed by an order

made under regulation 6(1) or in not fulfilling any condition

specified by such an order, shall order the offender to pay to the

person from or through whom the tomatoes were purchased the

difference between the price fixed by the order and that agreed

upon, together with any amount which may be deemed reasonable

by the Court to compensate the producer for the non-fulfilment on

the part of a manufacturer of any condition specified in the order

and to make the payment of the sum so assessed within such time

not exceeding one month as the Court shall prescribe, on pain of a

penalty of not less than two euros and thirty-three cents (2.33) each

day of default in case of non-compliance with such order within the

time fixed, and saving the right of the producer, pitkal or society to

whom the amount is due to recover it by civil process before the

competent Civil Court, for which purpose the order for the payment

made by the Court of Magistrates shall constitute an executive title

and may be enforced by the creditor after two days following the

service on the debtor of a demand for payment made by a judicial

act.

(2) The amount which a manufacturer may be ordered by the

Court to pay under sub-regulation (1) shall be irrespective of the

according to the law.

Nevertheless, if a person charged with an offence against

these regulations alleges, on the day appointed for the trial of the

case and before the hearing commences, that another person, whom

he names, has committed the offence in question without his

knowledge, consent or connivance, such other person shall be

summoned to appear before the Court, and if, after the commission

of the offence has been proved, the first defendant proves to the

satisfaction of the Court that the said other person had committed

the offence without his knowledge, consent or connivance, the said

other person shall be convicted of the offence and the first

defendant shall be exempt from any punishment; but the Court shall

order the tomato paste to which the offence relates to be forfeited

where such tomato paste is so liable according to these

Regulations.

(1) Where the wholesaler or retailer of any tomato paste is

prosecuted under regulation 12(2), he shall be exempt from any

liability if he proves to the satisfaction of the Court that he had

acquired the tomato paste in question in the belief that it conformed

with the provisions of regulation 12(2), and that he had no reason to

believe at the time he sold it that it was otherwise; and that he sold

the tomato paste in the same state as when he acquired it.

In the absence of collusion between the manufacturer and

the wholesaler or retailer, it shall be deemed that the manufacturer

had provided an implied warranty to the wholesaler or retailer that

the tomato paste he had manufactured and sold to him conformed

with the provisions of regulation 12(2).

(2) Where the defendant in a prosecution under these

Regulations has been discharged under the foregoing provisions of

this regulation, proceedings may be taken by the Police against the

person from whom the defendant in the prosecution had bought the

tomato paste.

P ART V

General

When an offence under these regulations has been

committed by an association of persons, every person who, at the

time of the commission of the offence, was a director or officer of

the association shall be deemed to be guilty of the offence, unless

he proves that the offence was committed without his knowledge

and that he exercised all due diligence to prevent the commission of

the offence.