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Copra Act - Copra Regulations

LAWS OF TUVALU
2008 Revised Edition

CAP. 44.10

COPRA REGULATIONS

Arrangement of Regulations
Regulation

1 Citation
2 Interpretation
3 Copra of fair merchantable grade
4 Grading of copra
5 Appeal from an inspector's determination
6 Procedure on appeal
7 Return of appeal fees

SCHEDULE
APPEAL FEES

Supporting Documents

COPRA REGULATIONS

MADE UNDER SECTION 7 OF THE COPRA ACT^[1]

1 Citation

These Regulations may be cited as the Copra Regulations.

2 Interpretation

In these Regulations —

"copra" means the kernel or meat of the coconut when it has been extracted from the nut and dried;

"extraneous matter" means any matter which is not copra and includes coconut shell;

"inspector" means a person appointed by the Secretary for the purpose of examining copra to determine whether it is of fair merchantable grade;

"the prescribed sieve" means a sieve of wire mesh with square holes the distance between the mid points of the opposing sides of each square being 1½ inch, plus or minus 10 per cent of that measurement, measured from the inner surface of the wire.

3 Copra of fair merchantable grade

Copra of fair merchantable grade shall —

(a) contain less than 6 ½ per cent by weight of moisture; and

(b) be no darker in colour than light brown; and

(c) contain no mould; and

(d) show no sign of damage by insects; and

(e) contain no more than 1 per cent by weight of extraneous matter; and

(f) not be capable of passing through the prescribed sieve.

4 Grading of copra

(1) Whether a parcel of copra offered for sale to the designated society consists of copra of fair merchantable grade shall in every case be determined in the first instance by an inspector from an examination of a sample from the parcel.

(2) For the purposes of paragraph (1) a sample shall be not less than 5 bags or 5 per cent of the total parcel, whichever is the greater.

(3) Every examination under paragraph (1) shall be carried out in the presence of the person offering the parcel of copra for sale or in the presence of a person designated by that person.

5 Appeal from an inspector's determination

(1) Any person referred to in regulation 4(3) who is dissatisfied with an inspector's determination under regulation 4(1) may appeal against that determination by forthwith informing the inspector of his wish to do so and on payment to the Secretary of the prescribed fee.

(2) Every appeal under these Regulations shall, at the request of the person aggrieved, either be by way of a re-examination of the sample or by way of an examination of the whole parcel of copra from which the sample was taken.

(3) The fees payable in respect of appeals under this Regulation shall be as specified in the Schedule.

6 Procedure on appeal

(1) Where an appeal under these Regulations is by way of a re-examination of the sample the inspector shall as soon as practicable transmit the sample to Funafuti, or to such other place as the Secretary may designate, where it shall be examined by the Agricultural Officer.

(2) Where an appeal under these Regulations is by way of an examination of the whole parcel the parcel shall as soon as practicable be examined by the inspector in question or by another inspector whose decision shall be final.

7 Return of appeal fees

(1) Where on appeal under these Regulations by way of a re-examination of the sample it is decided that the parcel of copra from which the sample was taken is of fair merchantable grade contrary to the determination under regulation 4 the appeal fee shall be returned.

(2) Where on appeal under these Regulations by way of a re-examination of the whole parcel of copra it is decided that any part of the parcel is of fair merchantable grade contrary to the determination under regulation 4 so much of the appeal fee shall be returned as the Secretary considers just and reasonable in the particular circumstances.

SCHEDULE

(Regulation 5 (3))

APPEAL FEES

ENDNOTE

¹ LN 39/1973