AGRICULTURAL PRODUCTS (MARKETING) REGULATIONS

AGRICULTURAL PRODUCTS (MARKETING) REGULATIONS

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AGRICULTURAL PRODUCTS (MARKETING)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Citation ... ...
Interpretation ... ... ... ... ... ... ...
Establishment of wholesale vegetable markets
Restriction on movement of vegetables ... ...
Control of wholesale of vegetables ... ... ...
Refusal and cancellation of permits and conditions
Saving ... ... ... ... ... ... ... ... ...
Market register and registration
Person entitled to purchase at wholesale vegetable m
Sales at wholesale vegetable markets, etc.
Payment for purchase
Commission payable to the Director
Bringing of vegetables into market ...

14. Powers of market manager

Functions of the Director

16. Offences and penalties ...

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AGRICULTURAL PRODUCTS (MARKETING)
REGULATIONS

(Cap. 277, section 10)

[2nd May, 1952.1

1. These regulations may be cited as the Agricultural Products
(Marketing) Regulations.

2. In these regulations, unless the context otherwise requires

collecting centre' means any place from time to time designated as
such by the Director by notice displayed in a wholesale vegetable
market;

'Kowloon Area' means Kowloon and New Kowloon;

'market register' means the register of purchasers maintained by the
market manager;

'market salesman' means the person appointed by the Director to make
sales as the agent of sellers at a wholesale vegetable market;

'New Territories Area' means the New Territories excluding New
Kowloon;

,'vegetables- includes all fresh, dried and salted vegetables and also,
when intended for human consumption, any part of any kind of the
following plants, namely, arrow head, arrow root, bamboo shoot,
chilli, chrysanthemum, cress, ginger, Indian corn, lotus, papaya
(green only), tomato, water chestnut and any condiment or
flavouring plant;

'wholesale' means sale for resale;

'wholesale vegetable market' means a market established by the
Director for the sale wholesale of vegetables.

3. The Director may by notice in the Gazette establish wholesale
vegetable markets in the Kowloon Area and in the New Territories Area.

4. No person shall remove any vegetables-

(a) from the New Territories Area; or

(b)from one place in the Kowloon Area to any other place in such
Area,

except in accordance with a permit in writing issued by or on behalf of
the Director.





5. (1) No person shall, except under and in accordance with a permit
in writing issued by or on behalf of the Director, sell vegetables
wholesale in the Kowloon Area or in the New Territories Area, except at
a wholesale vegetable market.

(2) For the avoidance of doubt, it is declared that the provisions of
the New Territories Ordinance shall apply to the sale of vegetables
wholesale under a permit in writing issued by or on behalf of the
Director.

6. (1) The Director may refuse to issue any permit required under
these regulations and may cancel any such permit at any time.

(2) A permit issued under these regulations by the Director shall be
subject to such conditions as the Director considers necessary for the
purpose of carrying out the objects of the Ordinance.

(3) A permit issued under these regulations on behalf of the
Director by a person authorized in that behalf by the Director shall be
subject to such conditions as the Director has approved, either
generally or in the particular case, being conditions that the Director
considers necessary for the purpose of carrying out the objects of the
Ordinance.

7. Nothing in these regulations shall be construed to prevent or
restrict within the New Territories Area or the Kowloon Area

(a) the sale retail of any vegetables by the producer thereof;

(b)the sale retail of any vegetables purchased at a wholesale
vegetable market;

(c)the movement of any vegetables purchased retail or at a
wholesale vegetable market.

8. (1) The market manager shall maintain a register to be known as
the market register of persons entitled to purchase vegetables at such
market.

(2) The market register shall be kept at the market office of every
wholesale vegetable market.

(3) The market register shall be available for inspection by any
member of the public between the hours of 10 a.m. and 4 p.m. daily,
except on Saturdays and general holidays.

(4) An applicant for registration shall furnish to the market manager
information as to his name, his business name if he carries on business
in a name other than his own, his business and private address, and if
such applicant be an employee or agent of another person in addition all
the foregoing information relating to his employer or principal.





(5) Entry upon and deletion of persons from the market
register shall be made in the discretion of the market manager,
subject to appeal to the Director.

(6) The market manager may supply an identity_ badge to
each person whose name is entered in the market register.

9. No person may purchase vegetables at a wholesale vege-
table market unless his name is included in the market register.

10. (1) All sales at a wholesale vegetable market shall be
made through the agency of a market salesman approved by the
Director.

(2) The approval of the Director under paragraph (1) may be
given subject to such terms and conditions as he thinks fit.

(3) The Director may at any time withdraw his approval under
paragraph (1) in the event of a breach by the market salesman of any
term or condition to which such approval was subject.

11. (1) Subject to the provisions of paragraph (2), no person
may remove vegetables purchased at a wholesale vegetable market
until the price thereof has been paid in cash to the market salesman
or to any person authorized by the seller to receive the same.

(2) Any purchaser at a wholesale vegetable market who has
produced guarantees to the satisfaction of the market manager
that any liabilities incurred by such purchaser will be met in default
of payment by such purchaser by the person giving such guarantees
may be granted permission by the market manager to purchase on
credit in accordance with conditions laid down from time to time
by the Director.

(3) No seller shall be required to sell his vegetables on credit.

(4) Neither the Director nor the market manager nor the
market salesman shall be liable for any loss sustained by a seller in
consequence of the grant of credit facilities by the seller to a
purchaser or his agent.

12. (1) Any person who brings vegetables into a wholesale
vegetable market shall pay commission to the Director.

(2) The commission payable under paragraph (1) shall be-
(a)the prescribed percentage of the purchase price of the
vegetables brought into the market; or
(b)the prescribed fee charged on the weight of the vegetables
brought into the market.

(3) The Director may, after consulting the Advisory Board, by
notice posted in the market declare-





(a)whether the commission payable under paragraph (1)
shall be charged in accordance with paragraph (2)(a) or
(b); or
(b)the cases in which such commission shall be charged in
accordance with paragraph (2)(a) and the cases in which
it shall be charged in accordance with paragraph (2)(b).

(4) The Director shall not change the method for the time
being declared under paragraph (3) as the method for charging the
commission payable under paragraph (1) unless he has given one
month's notice of his intention to do so.

(5) The Director may, after consulting the Advisory Board,
by notice in the Gazette prescribe-
(a)the percentage to be paid where the commission payable
under paragraph (1) is charged in accordance with
paragraph (2)(a); and
(b)the fee to be charged where the commission payable under
paragraph (1) is charged in accordance with paragraph
(2)(b).

(6) Where, in the case of any vegetables, the commission
payable under paragraph (1) will be charged in accordance with
paragraph (2)(a), the Director may transport the vegetables without
charge from a collecting centre to the wholesale vegetable market.

13. No person shall bring vegetables into a wholesale vegetable
market except at such gate as the market manager directs.

14. (1) Where he considers it expedient to do so in the
interest of the efficient operation of a wholesale vegetable market,
the market manager may direct that such vegetables as he may
specify shall not be brought into the market until he is satisfied
that they may be brought into the market without disturbing its
efficient operation.

(2)(a) The market manager may require any person to
remove, or cause to be removed, from the wholesale
vegetable market, within such period as he may specify,
any empty container which has been used for the storage
of vegetables and is in the possession or under the control
of-that person.

(b)If a requirement under sub-paragraph (a) is not complied
with, the market manager may dispose of the container
in such manner as he thinks fit.

15. Subject to the provisions of the Ordinance and of these
regulations, the Director may-





(a) on such terms and conditions as he thinks fit-

(i) provide such services as he may consider necessary or
desirable for the improvement of agriculture or of the
marketing of agricultural products; and

(ii) engage in any activity which may improve or assist in
the improvement of agriculture;

(c)

(d)

make provision for the education, health and welfare of
persons employed in agriculture and marketing and their
families and dependants;

grant loans to persons employed in agriculture upon such
terms as to capital and interest as he may think fit;

employ such persons or agents on such terms as to
remuneration or otherwise as he may determine;

(e)grant pensions, gratuities and retiring allowances to such
persons or agents or their dependants;

(f)do such other things as may be necessarily ancillary to the
proper carrying out of any of the aforesaid functions.

16. (1) Any person who contravenes regulation 4, 5(1), 9, 11 (1) or
13 shall be guilty of an offence and shall be liable to a fine of two
thousand dollars and to imprisonment for one year.

(2) Any person who-

(a)in contravention of a direction under regulation 14(1) brings
any vegetables, or causes any vegetables to be brought, into a
wholesale vegetable market; or

(b) contravenes a requirement under regulation 14(2),

shall be guilty of an offence and shall be liable to a fine of one thousand
dollars.

(3) Any person who contravenes any condition to which a permit
issued under these regulations is subject shall be guilty of an offence
and shall be liable to a fine of one thousand dollars and to imprisonment
for six months.

(4) Any person who makes any statement or furnishes any
information to the Director or a person acting on his behalf or to a
market manager under the provisions of these regulations, whether such
statement or information be verbal or in writing which is false in any
material particular and which he either knows or has reason to believe is
false, shall be guilty of an offence and shall be liable to a fine of two
thousand dollars and imprisonment for one year.

(5) In any proceedings under these regulations the burden of
proving that any vegetables have been purchased at a wholesale
vegetable market shall lie upon the person accused.


11 of 1952. Schedule. G.N.A. 100/62. L.N. 126/69. L.N. 144/73. Citation. L.N. 126/69. Interpretation. G.N.A. 100/62. G.N.A. 100/62. G.N.A. 100/62. Establishment of wholesale vegetable markets. L.N. 144/73. Restriction on movement of vegetables. G.N.A. 100/62. Control of wholesale of vegetables. G.N.A. 100/62. (Cap. 97.) Refusal and cancellation of permits and conditions. G.N.A. 100/62. L.N. 144/73. Saving. G.N.A. 100/62. Market register and registration. Person entitled to purchase at wholesale vegetable market. Sales at wholesale vegetable markets, etc. L.N. 126/69. Payment for purchase. L.N. 126/69. Commission payable to the Director. L.N. 126/69. Bringing of vegetables into market. L.N. 126/69. Powers of market manager. L.N. 126/69. Functions of the Director. G.N.A. 100/62. L.N. 126/69. Offences and penaltjies. G.N.A. 100/62. L.N. 126/69. G.N.A. 100/62. G.N.A. 100/62.

11 of 1952. Schedule. G.N.A. 100/62. L.N. 126/69. L.N. 144/73. Citation. L.N. 126/69. Interpretation. G.N.A. 100/62. G.N.A. 100/62. G.N.A. 100/62. Establishment of wholesale vegetable markets. L.N. 144/73. Restriction on movement of vegetables. G.N.A. 100/62. Control of wholesale of vegetables. G.N.A. 100/62. (Cap. 97.) Refusal and cancellation of permits and conditions. G.N.A. 100/62. L.N. 144/73. Saving. G.N.A. 100/62. Market register and registration. Person entitled to purchase at wholesale vegetable market. Sales at wholesale vegetable markets, etc. L.N. 126/69. Payment for purchase. L.N. 126/69. Commission payable to the Director. L.N. 126/69. Bringing of vegetables into market. L.N. 126/69. Powers of market manager. L.N. 126/69. Functions of the Director. G.N.A. 100/62. L.N. 126/69. Offences and penaltjies. G.N.A. 100/62. L.N. 126/69. G.N.A. 100/62. G.N.A. 100/62.

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