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Vanuatu Consolidated Legislation - 1988

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Cocoa Act

Commencement: 1 February 1982

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 139

COCOA

Act 26 of 1981

ARRANGEMENT OF SECTIONS

SECTION

PART I
Preliminary

Exclusion of seed cacao

2. Interpretation

PART II
Licensing of Cocoa Fermentaries and Dealers

3. Licence required for fermentaries and dealers

Applications for licences

5. Licence
6. Endorsement of licences

Validity of licence

8. Display of licence
9. Prices to be displayed

PART III
Vanuatu Export Cocoa

10. Standards of Vanuatu Export Cocoa
11. Examination by Cocoa Inspector of beans intended for export

PART IV
Appointment and Powers of Cocoa Inspector

Appointment of Cocoa Inspectors

13. Powers of Cocoa Inspectors
14. Immunity of Cocoa Inspectors

PART V
Miscellaneous

Appeals against a decision of the Director or Cocoa Inspector
Cocoa Appeals Committee
Offences
Penalties

19. Regulations

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COCOA

To provide for the control of cocoa bean quality.

PART I
PRELIMINARY

EXCLUSION OF SEED CACAO

(1) This Act shall not apply to or in relation to cacao beans used or intended to be used as seed material.

(2) The burden of proof that any cacao beans are or have been used or are intended for use at any particular time as seed material lies on the person alleging it.

INTERPRETATION

2. In this Act, unless the context otherwise requires -

"cacao bean" means the seed of the cacao trees (Theobrome cacao L) which has not been passed through a fermentation and drying process;

"cocoa bean" means a whole cacao bean which has been fermented and dried;

"cocoa dealer" means any person who buys and sells cocoa beans;

"cocoa exporter" means the Vanuatu Commodities Marketing Board established under the Vanuatu Commodities Marketing Board Act, Cap. 133 or any person authorised by or under it;

"cocoa processing" means the process of fermenting and drying cacao beans, and includes any other process incidental thereto for the purpose of converting cacao beans into cocoa beans;

"cocoa producer" means a cacao grower;

"Director" means the Director of Agriculture or such other person as the Minister may appoint as Director for the purpose of this Act;

"fermentary" means any place or premises maintained for cocoa processing;

"person" includes a body corporate;

"Vanuatu Export Cocoa" means cocoa beans intended for export which comply with the standards prescribed by the Minister under section 10.

PART II
LICENSING OF COCOA FERMENTARIES AND DEALERS

LICENCE REQUIRED FOR FERMENTARIES AND DEALERS

3. (1) No person shall -

(a) establish or maintain a fermentary; or

(b) carry on business as a cocoa dealer,

without being in possession of a valid licence issued by the Director.

(2) A person who establishes or maintains a fermentary solely for the processing of cacao beans which -

(a) are grown by such person, and

(b) are sold through a licensed cocoa dealer or exporter, shall not require a licence.

APPLICATIONS FOR LICENCES

(1) Applications for the licensing of fermentaries or for carrying on business as cocoa dealers shall be made in the prescribed form to the Director.

(2) The Director may reject an application for a licence made under subsection (1) if he is satisfied that the applicant -

(a) has insufficient funds to operate a fermentary or carry on the business, of a cocoa dealer; or

(b) has no adequate facilities or plans for adequate facilities, for the processing, quality control, handling, storage, transport and marketing of cacao beans or cocoa beans, as the case may be.

LICENCE

On payment of the prescribed fee, the Director may issue a licence in the prescribed form for a fermentary or cocoa dealer as the case may be.

ENDORSEMENT OF LICENCES

(1) The Director may endorse any licence issued under section 5 with such conditions and restrictions as he considers appropriate either at the time of issuing the licence or at any time thereafter, and details of all such endorsements shall be entered in a register of licences.

(2) The Director may suspend the licence for such period as he considers fit of any person who in his opinion fails to comply with any conditions and restrictions endorsed on such licence, and the Director may restore such licence upon such terms as he considers appropriate.

VALIDITY OF LICENCE

A licence issued under section 5 shall remain valid until the 31st day of December next following the date of issue and may be renewed annually on payment of the prescribed fees.

DISPLAY OF LICENCE

(1) Every licence issued under this Act, shall be prominently displayed on the premises of a licensed fermentary or cocoa dealer, as the case may be, by the holder thereof.

(2) The holder of a licence for a fermentary or a licensed cocoa dealer who uses any vehicle in his business shall prominently display on such vehicle the number of the licence and such other information as the Minister may prescribe.

PRICES TO BE DISPLAYED

Every licensed cocoa dealer shall prominently display to the public at his place of business the current prices being offered for cacao beans and or cocoa beans as the case may be.

PART III
VANUATU EXPORT COCOA

VANUATU EXPORT COCOA STANDARDS OF VANUATU EXPORT COCOA

The standard for Vanuatu Export Cocoa shall be based on accepted international standards and shall be prescribed by the Minister.

EXAMINATION BY COCOA INSPECTOR OF BEANS INTENDED FOR EXPORT

Cocoa beans intended for export shall be submitted for examination to a Cocoa Inspector who shall issue a certificate in the prescribed manner therefor indicating whether or not the beans are of the prescribed Vanuatu Export Cocoa Standard and mark the bags in the prescribed form.

PART IV
APPOINTMENT AND POWERS OF COCOA INSPECTORS

APPOINTMENT OF COCOA INSPECTORS

(1) The Minister on the recommendation of the Director, may appoint Cocoa Inspectors by notice published in the Gazette.

(2) The Minister may at any time by notice published in the Gazette revoke the appointment of a Cocoa Inspector.

POWERS OF COCOA INSPECTORS

It shall be lawful for a Cocoa Inspector to enter at all reasonable hours onto any land or into any building or upon any structure for the purpose of inspecting, grading and taking samples of cocoa beans or of doing such other things as may be necessary for the purposes of this Act.

IMMUNITY OF COCOA INSPECTORS

No proceedings shall lie against any Cocoa Inspector in respect of loss or damage caused by him by any act or omission arising out of or in the course of the exercise by him of the powers conferred on him under the provisions of this Act unless it is shown that any such loss or damage was caused maliciously or without reasonable cause or by reason of his negligence.

PART V
MISCELLANEOUS

APPEALS AGAINST A DECISION OF THE DIRECTOR OR COCOA INSPECTOR

(1) Appeal against any decision of the Director made under this Act lies to the Minister.

(2) Appeal against any decision of a Cocoa Inspector made under this Act lies to a Cocoa Appeals Committee established under section 16.

(3) An appeal under subsection (1) or (2) shall be submitted in writing to the Minister or the Cocoa Appeals Committee, as the case may be, within 30 days from the date of the decision appealed against.

(4) The Minister or the Cocoa Appeals Committee, as the case may be, shall give their decision within a period not exceeding 15 days from receiving the appeal and their decisions shall be final and not subject to review by any Court.

COCOA APPEALS COMMITTEE

(1) The Minister shall by Order published in the Gazette constitute Cocoa Appeals Committees consisting of a chairman and two members appointed by the Minister as follows -
- (a) a representative of the Department of Agriculture, chairman;

(b) two representatives of cacao growers, members.

(2) The Minister on appointing a member under subsection (1) shall nominate an alternate to such member who shall act during such member's temporary absence or inability to attend, whether or not such member is outside Vanuatu, and whether or not such inability is due to illness or other incapacity.

(3) The Minister may prescribe the rules of procedure to be followed by Cocoa Appeal Committees.

OFFENCES

(1) Any person who contravenes sections 3, 8 or 9 is guilty of an offence. (2) Any person who -

(a) obliterates, tampers with, or removes a prescribed inspection mark on a cocoa bag;

(b) adds to, removes from, or in any other manner tampers with the contents of a marked cocoa bag without the approval of a Cocoa Inspector;

is guilty of an offence.

(3) Any person who hinders or obstructs a Cocoa Inspector in the performance of his duties or in the exercise of his powers under the Act is guilty of an offence.

PENALTIES

(1) Any person convicted of an offence under section 17 is liable on conviction to a fine not exceeding VT100,000 or imprisonment not exceeding 6 months or to both.

(2) The Court may in addition to the punishment provided in subsection (1) order the forfeiture of any beans with regard to which the offence was committed.

REGULATIONS

The Minister may by Order published in the Gazette make such regulations as may be necessary for carrying out the provisions of this Act, and may prescribe anything that may be prescribed.

------------------------------------------

[Subsidiary]

SUBSIDIARY LEGISLATION

COCOA REGULATIONS

Order 5 of 1982
Order 50 of 1983

ARRANGEMENT OF REGULATIONS

REGULATIONS

Interpretation

2. Licences
3. Bagging of cocoa beans

Re-bagging of cocoa beans
Marking of bags
Sampling
Standards of Vanuatu Export Cocoa
Inspection marks
Sealing of bags
Certification of inspection of cocoa beans

SCHEDULE 1-Application for licence
SCHEDULE 2-Licence for cocoa fermentary and a cocoa dealer
SCHEDULE 3-Certificate of inspection for Vanuatu cocoa beans
SCHEDULE 4-Certificate of inspection for Vanuatu cocoa beans
SCHEDULE 5-Certificate of inspection for substandard cocoa beans

---------------------------------

[Subsidiary]

SUBSIDIARY LEGISLATION

COCOA REGULATIONS

To provide regulations for the better carrying out of the provisions of the Cocoa Act, Cap. 139.

INTERPRETATION

1. In these regulations unless the context otherwise requires -

"abnormal or foreign odour" means an odour that is abnormal or foreign to good cocoa beans;

"bean fragment" means a piece of cocoa bean equal to or less than half the original bean;

"broken bean" means a bean of which a fragment is missing, the missing part being equivalent to less than half the bean;

"cocoa fermentary" means a facility used for cocoa processing;

"coupled beans" means 2 or more beans strongly adhering to each other;

"detective bean" means a cocoa bean which is either insect or mite damaged or germinated or flat or coupled;

"director" shall have the same meaning as in the Cocoa Act, Cap. 139;

"dry cocoa" means cocoa beans which have been evenly dried and the moisture content of which is not more than 8 per cent;

"flat bean" means a cocoa bean of which the cotyledon are too thin to cut to give a surface of cotyledon;

"foreign matter" means matter extraneous to cocoa beans, including any part of the cocoa other than cocoa or cocoa beans;

"germinated beans" means a cocoa bean the shell of which has been pierced, slit or broken by growth of the seed germ;

"insect damaged bean" means a cocoa bean, the internal parts of which are found to contain insects at any stage of development, or to show signs of damage caused thereby, which are visible to the naked eye;

"mite damaged bean" means a cocoa bean, the internal parts of which are found to contain mites at any stage of development, or to show signs of damage caused thereby, which are visible to the naked eye;

"mouldy beans" means a cocoa bean on the internal parts of which mould is visible to the naked eye;

"slaty bean" means a cocoa bean which shows a slaty colour on half or more of the surface exposed by a cut lengthwise through the centre.

LICENCES

(1) Applications for a licence for a cocoa fermentary or for a cocoa dealer shall be in the form set out in Schedule 1.

(2) Licences for a cocoa fermentary or for a cocoa dealer shall be in the form set out in Schedule 2.

(3) The fee payable for the issue of a licence shall be VT2,500.

(4) The operator of a cocoa fermentary shall be deemed to be a cocoa dealer and shall not be required to pay an additional fee to operate as a dealer.

BAGGING OF COCOA BEANS

3. Cocoa beans intended for export shall satisfy the following requirements -

(a) they shall be contained in bags which shall be new, sound, clean and insect free;

(b) the gross weight of each bag shall be 63.5 kg;

(c) the mouth of each bag shall be sewn in such a manner that there shall be no opening at the mouth through which beans can escape or be added to. A tail shall be left for the attachment of a seal so that when a seal is attached the bag cannot be opened without obviously disturbing the seal or breaking the thread used to sew the mouth of the bag.

RE-BAGGING OF COCOA BEANS

(1) A Cocoa Inspector upon discovering that any bag containing cocoa beans is damaged, unserviceable or not conforming to the requirements of regulation 3, shall transfer the contents of such bag to a new bag.

(2) The costs of transferring cocoa beans from one bag to another shall be met by the exporter of the beans.

MARKING OF BAGS

(1) Bags of cocoa beans intended for export shall bear the marks provided in subregulation (2) which shall be made in black indelible ink, each letter being not less than 60 mm nor more than 80 mm high, and 6 mm thick.
- (2) The following words and marks shall be made in separate lines one beneath the other -

(a) the word "VANUATU";

(b) the words "COCOA BEANS" or "FEVES DE CACAO";

(d) the registration number of the fermentary, dealer or exporter.

(3) There shall be left a clear space of 150 mm between the top of the bag and the first line; and a space of 26 mm between each line.

SAMPLING

6. The sampling of cocoa beans shall be carried out in the following manner -

(a) samples shall be taken through the meshes of the bags by means of a stab sampler inserted at random;

(b) the amount of sample shall be at the rate of not less than 300 beans per tonne of cocoa beans or part thereof:

Provided that in respect of 1 bag a sample of not less than 100 beans shall be taken;

Provided that if 8 bags or less are submitted for grading in 1 batch, samples shall be taken from 1 bag in every 2 of the batch;

(d) samples shall be thoroughly mixed and then divided into 4 approximately equal heaps, 1 of which shall be further subdivided in like manner into 4 heaps and the process of subdivision by quartering of 1 heap in every 4 continued until a heap of little more than 100 bean is reached. The first 100 beans from this last heap, irrespective of size and condition shall then be counted off;

(e) the 100 beans shall be weighed to determine mean weight per bean. Each bean shall then be cut lengthwise through the middle and shall be tested by assessing the defects with the naked eye of 1 half only of each bean cut. The number of defects will then be a direct percentage of the total beans;

(f) when a bean is defective in more than one respect it shall be recorded in 1 category only - the most objectionable. A mouldy bean shall be deemed more objectionable than a slaty bean and a slaty bean deemed to be more objectionable than a defective bean (insect/mite damaged, germinated, flat or coupled bean);

(g) both halves of the 100 cut beans shall be ground and subjected to odour assessment.

STANDARDS OF VANUATU EXPORT COCOA

(1) Cocoa beans intended for export as Vanuatu Export Cocoa, Grade I shall satisfy the following standards, that is to say that such cocoa beans shall -

(a) be dry cocoa which has been through a fermenting and drying process approved by the Director;

(b) be free from abnormal or foreign odours;

(i) 3 per cent by count of mouldy beans;

(ii) 3 per cent by count of slaty beans;

(iii) 3 per cent by count of defective beans (insect/mite damaged, flat, germinated and coupled beans);

(iv) 1 per cent by weight of foreign matter;

(d) have no more than 1,000 beans to the kilogram;

(e) be contained in bags and marked in accordance with regulations 3 and 5.

(2) Cocoa beans intended for export as Vanuatu Export Cocoa, Grade II, shall satisfy the following standards, that is to say that such cocoa beans shall -

(a) be dry cocoa which has been through a fermenting and drying process approved by the Director;

(b) be free from abnormal or foreign odours;

(i) 4 per cent by count of mouldy beans;

(ii) 8 per cent by count of slaty beans;

(iii) 6 per cent by count of defective beans (insect/mite damaged, flat, germinated and coupled beans);

(iv) 1 per cent by weight of foreign matter;

(d) have no more than 1,100 beans to the kilogram;

(e) be contained in bags and marked in accordance with regulations 3 and 5.

INSPECTION MARKS

(1) There shall be an inspection mark to be applied to bags of cocoa beans conforming to Vanuatu Export Cocoa standards which shall be -

(a) made in red indelible ink;

(b) in the form of 1 solid equilateral triangle for Grade I, and 2 solid equilateral triangles for Grade II, each side of the triangle being not less than 100 mm long; and

(2) There shall be an inspection mark to be applied to bags of cocoa beans rejected as not conforming to Vanuatu Export Cocoa standards which shall be -

(a) made in indelible green ink; and

(b) in the form of a stripe along the mouth of the bag.

SEALING OF BAGS

(1) Bags containing cocoa beans conforming to Vanuatu Export Cocoa standard shall be sealed by or under the authority of a Cocoa Inspector by a metal plomb attached to the top of the bag in such a manner as to prevent the bag being opened without obviously disturbing the seal.

(2) the plomb on 1 face shall have the letters "VAN".

CERTIFICATION OF INSPECTION OF COCOA BEANS

(1) The prescribed certificate of inspection for cocoa beans shall be as follows-

(a) for beans of Vanuatu Export Cocoa standard -

(i) Grade I, as set out in Schedule 3 with the words VANUATU EXPORT COCOA GRADE I printed in faint red letters across the face of the certificate;

(ii) Grade II, as set out in Schedule 4 with the words VANUATU EXPORT COCOA GRADE II printed in faint red letters across the face of the certificate;

(b) for substandard cocoa as set out in Schedule 5 with the word SUBSTANDARD printed in faint green letters across the face of the certificate.

(2) All cocoa beans presented for export shall be accompanied by a certificate issued by a Cocoa Inspector in accordance with section 11 of the Cocoa Act, Cap. 139.

________________________________

[Subsidiary)

SCHEDULE 1

(Regulation 2)

REPUBLIC OF VANUATU COCOA REGULATIONS

APPLICATION FOR LICENCE

To: The Director of Agriculture.

I HEREBY apply for a licence to operate a cocoa fermentary and as a cocoa dealer.*

1. Name: ..................................................................................................................

Address: ...............................................................................................................

3. Location: ..............................................................................................................
..............................................................................................................................

Attached is a plan or sketch with measurements of premises and facilities where it is intended to conduct business.

5. Attached is VT2,500 licence fee.

Date: .......................................... ................................................................

Signature of Applicant

*Strike out "a cocoa fermentary and" if applying for dealer's licence only.

__________________________

[Subsidiary]

SCHEDULE 2

(Regulation 2)

REPUBLIC OF VANUATU

COCOA REGULATIONS

Licence No.: ....................................

LICENCE FOR COCOA FERMENTARY AND A COCOA DEALER*

......................................................................................................... of
............................................................................................................................................

is licensed as a Cocoa Fermentary and a Cocoa Dealer* until 31 December 19...........

This licence is issued subject to the following conditions and/or restrictions - ...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

Licence fee of VT2,500 paid on .........................................................................................

Receipt No. ..................................... Date of Issue ...........................................................

............................................................

Director of Agriculture

*Strike out "a Cocoa Fermentary and" if licence is for a Cocoa Dealer only.

_____________________________

[Subsidiary]

SCHEDULE 3

(Regulation 10)

REPUBLIC OF VANUATU

COCOA REGULATIONS

CERTIFICATE OF INSPECTION FOR VANUATU COCOA BEANS No.

TO: The General Manager
Vanuatu Commodities Marketing Board
PORT VILA

IT is certified that the consignment of cocoa beans, details of which appear hereunder has been examined by me under the Cocoa Act, Cap. 139 and meets the prescribed standards for VANUATU EXPORT COCOA, GRADE 1, which are -

(a) the cocoa beans have been through a fermenting and drying process approved by the Director;

(b) the cocoa beans are free from abnormal or foreign odours;

(c) the cocoa beans contain not more than -

(i) 3 per cent by count of mouldy beans;

(ii) 3 per cent by count of slaty beans;

(iii) 3 per cent by count of defective beans (insect/mite damaged, flat, germinated and coupled beans);

(iv) 1 per cent by weight of foreign matter.

(d) there are not more than 1,000 beans to the kilogram;

(e) the cocoa beans are contained in marked bags as prescribed in regulations 3 and 5.

................................................ ................................................................

Date Cocoa Inspector

Official stamp

Place and date of examination .............................................................................................

Name of consignee ..............................................................................................................

Marks .................................................................................................................................

Total number of bags in consignment ..................................................................................

Number of bags containing VANUATU EXPORT COCOA GRADE I .............................

Present location ..................................................................................................................

Intended date and vessel of shipment ..................................................................................

______________________________

[Subsidiary]

SCHEDULE 4

(Regulation 10)

REPUBLIC OF VANUATU

COCOA REGULATIONS

CERTIFICATE OF INSPECTION FOR VANUATU COCOA BEANS No.

TO: The General Manager
Vanuatu Commodities Marketing Board
PORT VILA

(a) the cocoa beans have been through a fermenting and drying process approved by the Director;

(b) the cocoa beans are free from abnormal or foreign odours;

(c) the cocoa beans contain not more than –

(i) 4 per cent by count of mouldy beans;

(ii) 8 per cent by count of slaty beans;

(iii) 6 per cent by count of defective beans (insect/mite damaged, flat, germinated and coupled beans);

(iv) 1 per cent by weight of foreign matter.

(d) there are not more than 1,100 beans to the kilogram;

(e) the cocoa beans are contained in marked bags as prescribed in regulations 3 and 5.

................................................. ................................................................

Date Cocoa Inspector

Official stamp

Place and date of examination .............................................................................................

Name of consignee ............................................................................................................

Marks ..............................................................................................................................

Total number of bags in consignment ..................................................................................

Number of bags containing VANUATU EXPORT COCOA GRADE II ............................

Present location ..................................................................................................................

Intended date and vessel of shipment..................................................................................

______________________________

[Subsidiary]

SCHEDULE 5

(Regulation 10)

REPUBLIC OF VANUATU

COCOA REGULATIONS

CERTIFICATE OF INSPECTION FOR SUBSTANDARD COCOA BEANS No.

TO: The General Manager
Vanuatu Commodities Marketing Board
PORT VILA

The consignment of cocoa beans, details of which appear hereunder, has been examined by me and found not to conform to the standards prescribed under the Cocoa Act, Cap. 139 for VANUATU EXPORT COCOA, GRADE II, which are -*

(a) the cocoa beans have been through a fermenting and drying process approved by the Director;

(b) the cocoa beans are free from abnormal or foreign odours;

(c) the cocoa beans contain not more than -

(i) 4 per cent by count of mouldy beans;

(ii) 8 per cent by count of slaty beans;

(iii) 6 per cent by count of defective beans (insect/mite damaged, flat, germinated and coupled beans);

(iv) 1 per cent by weight of foreign matter.

(d) there are not more than 1,100 beans to the kilogram;

(e) the cocoa beans are contained in marked bags as prescribed in regulations 3 and 5.

................................................. ................................................................

Date Cocoa Inspector

Official stamp

Place and date of examination .............................................................................................

Name of consignee ..............................................................................................................

Marks .................................................................................................................................

Number of bags containing VANUATU SUBSTANDARD COCOA .................................

Present location ...................................................................................................................

Intended date and vessel of shipment ..................................................................................

*Mark defect/s with a cross in box.

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