Agricultural Preparations (Jersey) Law 1960

Jersey Law 16/1960 AGRICULTURAL PREPARATIONS (JERSEY) LAW, 1960. ____________ A LAW to make provision for controlling the use of agricultural preparations likely to harm the flavour , substance or appearance of any produce grown for consumption, sanctioned by Order of Her Majesty in Council of the 23rd day of JUNE, 1960. ____________ (Registered on the 23rd day of July, 1960). ____________ STATES OF JERSEY. ____________ The 3rd day of March, 1960. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 INTERPRETATION In this Law – “agricultural preparation” means any substance, whether simple or compound, intended to be used for the purpose of – (a) promoting the growth of consumable produce; or (b) preventing or controlling damage to consumable produce by insects, fungi or pests; “the Committee” means the Committee of Agriculture; 1 “consumable produce” means produce grown for consumption after severance from the land on which it is grown; “controlled agricultural preparation” means any agricultural preparation to which an order under this Law applies; “inspector” means an officer of the Committee designated by the Committee to act as such for the purposes of this Law. ARTICLE 2 CONTROL OF IMPORTATION AND USE OF AGRICULTURAL PREPARATIONS (1) Where it appears to the Committee that the use of an agricultural preparation is likely to harm the flavour , substance or appearance of any consumable produce, or of the produce of any animal, the Committee may by order prohibit or regulate, in all cases or any specified classes of case, and subject to such exceptions, if any, as may be made by or under the order, the importation into, and the use in, the Island of such agricultural preparation. (2) Any order made under this Article may contain such incidental or supplementary provisions as appear to the Committee to be expedient for the purposes of the order. (3) Every order made under this Article shall be laid before the States as soon as may be after it is made, and if the States, within the period of twenty-one days beginning with the day on which any such order is laid before them, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new order. (4) The Greffier of the States shall cause every order made under this Article to be printed and shall cause to be published in an English 2 language newspaper circulating in the Island a notice stating that the order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased. ARTICLE 3 POWER TO OBTAIN INFORMATION (1) The Committee, and any person authorised by the Committee in that behalf, may require any person engaged by way of trade or business in the selling of controlled agricultural preparations – (a) to keep such books, accounts and records relating to his dealings in controlled agricultural preparations as may be so required; (b) to furnish to such authority, body or person, within such time and in such manner as may be specified in the requirement, such returns or other information relating to his dealings in controlled agricultural preparations as may be so required. (2) Any requirement made under this Article may apply either generally or to such class or description of controlled agricultural preparations as may be specified in the requirement. ARTICLE 4 POWERS OF INSPECTION (1) An inspector shall be entitled, subject to the production by him if so required of evidence of his authority, to do all or any of the following things, that is to say – (a) enter upon any land where he has reason to believe a controlled agricultural preparation has been used, and take samples of that land, of any consumable produce growing, or which he has reason to believe has been grown, on that land and of the produce of any animal which has been fed on any such consumable produce; (b) enter upon any premises where he has reason to believe any controlled agricultural preparation is to be found. (2) The occupier of the land or premises, as the case may be, and the persons in the employment of the occupier shall render to the inspector all such assistance and furnish him with all such information as he may require for the purpose of the enforcement of this Law or of any order made thereunder. ARTICLE 5 POWER TO CONTROL DISPOSAL OF PRODUCE Where a controlled agricultural preparation has been used on any land in contravention of the provisions of an order made under this Law, the Committee may, whether or not any proceedings are instituted in respect of the offence, direct that any consumable produce grown on such land, or the produce of any animal which has been fed on any such consumable produce, shall not, during such period as may be specified in the direction, be disposed of except as the Committee may authorise . ARTICLE 6 OFFENCES (1) Any person who – (a) for any of the purposes of this Law or of an order made or direction given thereunder knowingly makes any statement which is false in a material particular; or (b) refuses or neglects to furnish any return or information which under this Law is required to be furnished, within the time within which it is to be furnished, or knowingly furnishes any return or information required to be furnished under this Law which is false in any material particular; or (c) refuses or neglects to keep any books, accounts or records which under this Law are required to be kept; or (d) hinders or obstructs an inspector in the exercise of his powers or duties under this Law; or (e) fails to comply with or acts in contravention of this Law or of any order made or direction given thereunder; shall for each offence be liable to a fine not exceeding one hundred pounds. (2) Where any offence under this Law committed by a body corporate is proved to have been committed with the consent or the connivance of, or to be attributable to any negligence on the part of, any director, manager, secretary or other officer of that body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. ARTICLE 7 SHORT TITLE This Law may be cited as the Agricultural Preparations (Jersey) Law, 1960. To be printed, published and posted. F. DE L. BOIS, Greffier of the States. 1 Committee now referred to as the Agriculture and Fisheries Committee (R & O 6408). 2 Page 884 of this Tome.