- ARRANGEMENT OF SECTIONS
- PART 1 – PRELIMINARY
- PART 2 – LICENSING OF COCOA FERMENTARIES AND DEALERS
- PART 3 – VANUATU EXPORT COCOA
- PART 4 – APPOINTMENT AND POWERS OF COCOA INSPECTORS
- PART 4A – COCOA INDUSTRIES FUND
- PART 5 – MISCELLANEOUS
Cocoa Act [Cap 139]
LAWS OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006
Commencement: 1 February 1982
CHAPTER 139 COCOA
Act 26 of 1981 Act 28 of 1992
ARRANGEMENT OF SECTIONS
PART 1 – PRELIMINARY
1. Exclusion of seed cacao 2. Interpretation
PART 2 – LICENSING OF COCOA FERMENTARIES AND DEALERS
3. Licence required for fermentaries and dealers 4. Applications for licences 5. Licence 6. Endorsement of licences 7. Validity of licence 8. Display of licence 9. Prices to be displayed
PART 3 – VANUATU EXPORT COCOA
10. Standards of Vanuatu Export Cocoa 11. Examination by Cocoa Inspector of beans intended for export
PART 4 – APPOINTMENT AND POWERS OF COCOA INSPECTORS
12. Appointment of Cocoa Inspectors 13. Powers of Cocoa Inspectors 14. Immunity of Cocoa Inspectors
PART 4A – COCOA INDUSTRIES FUND
14A. Cocoa Industries Fund
PART 5 – MISCELLANEOUS
15. Appeals against a decision of the Director or Cocoa Inspector 16. Cocoa Appeals Committee 17. Offences 18. Penalties 19. Regulations
COCOA
To provide for the control of cocoa bean quality.
PART 1 – PRELIMINARY
1. 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. 2. Interpretation 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 2 – LICENSING OF COCOA FERMENTARIES AND DEALERS
3. Licence required for fermentaries and dealers (1) No person shall –
(a) establish or maintain a fermentary; or
(b) carry on business as a cocoa dealer; or
(c) carry on business as both cocoa dealer and fermentary operator.
(d) 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,
(c) shall not require a licence.
4. 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.
5. 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. 6. 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. 7. 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. 8. 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. 9. 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 3 – VANUATU EXPORT COCOA
10. 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. 11. 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.