LAWS OF WESTERN SAMOA

SAMOAN MARKET

ANALYSIS

Title

1. Short title
2. Interpretation
3. Samoan Market established
4. No sale of Samoan foodstuffs in central area save at the Market. Exception for fish or shellfish
5. Vendor must hold a Market licence
6. Saving as to licensed stores, delivery from outside the area, and holidays
7. Samoan foodstuffs unfit for human consumption and offensive matter in the Market
8. Misbehaviour in the Market
9. Licence to sell Samoan foodstuffs in the Market
9A. Licence holder may carry on business of confectioner of tobacconist
9B. Reference to Shops Ordinance 1961
9C. Licence restricted to sale of foodstuffs except as provided in s. 9A.
10. Penalty

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THE SAMOAN MARKET ORDINANCE 1927

1927, No. 1

An Ordinance to provide for the establishment and control of a Samoan Market

[22 March 1927

1. Short title - This Ordinance may be cited as the [Samoan] Market Ordinance 1927.

In the Short title the word "Samoan" has been substituted for the word "Native" pursuant to s. 2 (4) of the Samoa Amendment Act 1951 (N.Z.), which is no longer in force in Western Samoa (see s. 8 of the Reprint of Statutes Act 1972).

2. Interpretation - In this Ordinance, except where a contrary intention appears or the context otherwise requires,-

"Area" or "the central area" means that part of Apia and adjoining districts lying within a radius of one mile from the Apia Custom House:

["Head of State"] means the [Head of State] of Western Samoa:

"Market" means the land and building in Beach Road, Apia, set apart and constructed by the trustee of the Estate of Jane Nelson deceased for the purpose of a market for the offer and sale of [Samoan] food and produce or such other site or building as may be hereafter declared and proclaimed by the [Head of State] as the market for the central area:

"Market Licence" means a licence issued under the provisions of this Ordinance and authorising or permitting the licensee to sell or expose for sale in the Market any Samoan foodstuffs:

"Public place" includes any road, street, or place to which the public have access whether as of right or otherwise: ["Samoan foodstuffs" means and includes:

(a) All fruit, vegetables, poultry and eggs grown or produced in Samoa [[except citrus fruit and mangoes]];

(b) Meat grown and cooked in Samoa;

(c) Fresh fish and fresh shell fish;

(d) All such bread, cakes, buns and similar goods and all such Samoan prepared foods, as shall be made cooked or baked, as the case may be, in Samoa.]

"Administrator": A definition of this term has been omitted and a definition of the term "Head of State" substituted therefor in its correct alphabetical sequence. 

"Head of State": In this definition the words "Head of State" were substituted for the words "High Commissioner" by s. 4 (2) of the Existing Law Adjustment Ordinance 1961, the words "High Commissioner" having been substituted for the word 

"Administrator" by s. 3 (3) of the Samoa Amendment Act 1947 (N.Z.); and the definition has been transferred accordingly to its appropriate alphabetical order.

"Market": In this definition, the word "Samoan" has been substituted for the word "Native" pursuant to s. 2 (4) of the Samoa Amendment Act 1951 (N.Z.), which is no longer in force in Western Samoa (sees. 8 of the Reprint of Statutes Act 1972); and the words "Head of State" were substituted for the words "High Commissioner" by s. 4 (2) of the Existing Law Adjustment Ordinance 1961, the words "High Commissioner" having been substituted for the word "Administrator" by s. 3 (3) of the Samoa Amendment Act 1947 (N.Z.).

"Samoan foodstuffs": This definition was substituted for the original definition by s. 5 (a) of the Ordinances Amendment Ordinance 1936. In para. (a) the words in double square brackets were added by s. 4 (a) of the Ordinances Amendment Ordinance 1948.

3. Samoan Market established - There shall be established a [Samoan] Market for the offer and sale of Samoan foodstuffs to be held and conducted exclusively on the Market as herein defined.

As to the word "Samoan", where it first occurs, see the note to s. l.

4. No sale of Samoan foodstuffs in central area save at the Market. Exception for fish or shellfish - [Except as hereinafter provided], from and after the date of coming into force of this Ordinance, save and so far as hereinafter excepted or provided, no person shall sell or offer for sale or set up or keep a stall for the purpose of selling or offering for sale any Samoan foodstuff or foodstuffs in any public place within the central area other than at or in the [Samoan] Market:

[Provided that it shall not be unlawful for any person to sell fish or shellfish upon the sea beach or upon the Main Beach Road within the central area within 3 hours of their being taken from the sea.]

The words in the first set of square brackets were inserted, and the proviso was added, by s. 4 (b) of the Ordinances Amendment Ordinance 1948.

As to the word "Samoan" in square brackets, see the note to s. 1

5. Vendor must hold a Market licence - No person shall sell or offer to sell or expose for sale in the Market any Samoan foodstuffs unless he is the holder of a Market licence then in force authorising him to sell Samoan foodstuffs in such Market.

As to licensing under the Business Licences Ordinance 1960, see item 48 (a) in the Schedules thereto (see s. 4 of that Act).

As to pedlar’s licences for other sales, see s. 18 of the Police Offences Ordinance 1961.

6. Saving as to licensed stores, delivery from outside the area, and holidays - The provisions hereof shall not apply to or prevent any sale in or delivery from any licensed shop, store, or business premises in the area or to delivery within the area of any foodstuffs to a purchaser under contract for sale made outside the area nor to the sale or exposure for sale of food stuffs by any holder of a Market licence on the occasion of any public holidays or special occasion proclaimed or allowed by [the Head of State] from or upon a stall or stalls erected at such place or places within the area as may be specifically allotted by [the Chief Inspector of Police] for that purpose.

The words "Head of State" were substituted for the words "High Commissioner" by s. 4 (2) of the Existing Law Adjustment Ordinance 1961, the words "High Commissioner" having been substituted for the word "Administrator" by s. 3 (3) of the Samoa Amendment Act 1947 (N.Z.)

The reference to the Chief Inspector of Police was substituted for a reference to the Inspector of Police by s. 4 (2) of the Police Act 1969. See now the Police Service Act 1977.

7. Samoan foodstuffs unfit for human consumption and offensive matter in the Market - No person shall bring into the Market any Samoan foodstuffs unfit for human consumption or other offensive matter. [The Chief Inspector of Police] or any person authorised by him or any Inspector of Health may condemn, seize, remove and destroy any Samoan foodstuffs or other matter so brought into the Market and at the risk and expense of the owner or other person so bringing in the same and any person so offending may be prosecuted for such offence.

The reference to the Chief Inspector of Police was substituted for a reference to the Inspector of Police by s. 4 (2) of the Police Act 1969. See now the Police Service Act 1977.

8. Misbehaviour in the Market - No person shall enter the Market whilst drunk or gamble or excite any riot or fight or use any gross, indecent, obscene, filthy or abusive language therein or spit or put any dirt or offensive matter upon the building, floor, stalls, furniture or appliances or be guilty of any indecent or improper conduct therein and any person so offending may be forthwith ejected from the Market and may be prosecuted for such offence.

9. Licence to sell Samoan foodstuffs in Market - No person shall sell or expose for sale within the Market any Samoan foodstuffs unless he be the holder of a licence from [the Chief Inspector of Police] so to sell Samoan foodstuffs; such licence shall be issued upon the payment of a fee of [50 sene] if [the Chief Inspector of Police] is satisfied that the applicant is the bona fide tenant of a stall in the Market, and such licence shall remain in force until the 31st day of March then next ensuing or until the licensee shall cease to be the bona fide tenant of a stall as aforesaid (whichever event shall the first happen) when the licence shall become null and void; provided that [the Chief Inspector of Police] may cancel or suspend any such licence for any breach of this Ordinance or of any regulations relating to the sale of foods for human consumption.

The references to the Chief Inspector of Police were substituted for references to the Inspector of Police by s. 4 (2) of the Police Act 1969. See now the Police Service Act 1977.

[9A. Licence holder may carry on business of confectioner or tobacconist - The holder of a Market licence may if duly licensed under [[the Business Licences Ordinance 1960]], carry on at his stall in the Market the businesses of a confectioner or a tobacconist or either of them.

The Business Licences Ordinance 1960, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Revenue Ordinance 1929.

[9B. Reference to Shops Ordinance 1961 - The provisions of [[paragraph (b) of section 6 of the Shops Ordinance 1961]] shall be read subject to the provisions of the last. preceding section hereof.

Para. (b) of s. 6 of the Shops Ordinance 1961, being the corresponding enactment in force at the date of this reprint, has been substituted for para. (c) of subs. (1) of s. 4 of the repealed Shopping Hours Ordinance 1931.

[9C. Licence restricted to sale of foodstuffs except as provided in s. 9A. - Save as provided by section 9A hereof it shall not be lawful for the holder of a Market licence to carry on or permit to be carried on at his stall in the Market any trade or business other than the sale of Samoan foodstuffs.]

Ss. 9A, 9B, and 9C were inserted by s. 5 (b) of the Ordinances Amendment Ordinance 1936.

10. Penalty - Any person who commits any breach of this Ordinance is liable to a fine not exceeding [$50] or to imprisonment for a term not exceeding 3 months for every breach committed.

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THE ORDINANCES AMENDMENT ORDINANCE 1936
1936, No. 4

An Ordinance to amend certain Ordinances
[30 December 1936

1. Short title-This Ordinance may be cited as the Ordinances Amendment Ordinance 1936.

5. (a) This paragraph substituted a new definition for the definition of the term "Samoan foodstuffs" in s. 2 of the Samoan Market Ordinance 1927.

(b) This paragraph inserted ss. 9A-9C in the Samoan Market Ordinance 1927.

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THE ORDINANCES AMENDMENT ORDINANCE 1948
1948, No. 2

An Ordinance to amend certain Ordinances
[8 January 1948

1. Short title-This Ordinance may be cited as the Ordinances Amendment Ordinance 1948.
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4. (a) This paragraph amended the definition of the term "Samoan foodstuffs" in s. 2 of the Samoan Market Ordinance 1927.

(b) This paragraph amended s. 4 of the Samoan Market Ordinance 1927.
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This Samoan Market Ordinance 1927 is administered in the Department of Lands and Survey.

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