Pig Industry Act, 1959 (Chapter 251)
Zambia
Pig Industry Act, 1959
Chapter 251
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Commenced on 1 February 1960
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This Act may be cited as the Pig Industry Act. In this Act, unless the context otherwise requires—"bacon" means any part of the carcass of a pig, excluding the feet and the offal and all parts of the head except the chaps, which has been salted or smoked or salted and smoked or picked and smoked;"bacon factory" means premises where pig carcasses are dressed and cured for the making of bacon or ham for sale or for export from Zambia;"dealer" includes—(a)an auctioneer, broker, purchaser, seller or exporter of pigs or pig carcasses and a person engaged in the pig industry as defined in paragraph (b) of the definition of pig industry or in any other trade or industry in which pig carcasses are utilised or treated; and(b)a market master and a local authority;and cognate expressions shall be construed by reference, amongst other things, to transactions or operations such as are carried on by persons referred to in paragraph (a) of this definition;"Government grader" means a Government grader appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of a Government grader conferred or imposed upon him in terms of subsection (2) of that section;"ham" has the meaning assigned to bacon;"inspector" means an inspector appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of an inspector conferred or imposed upon him in terms of subsection (2) of that section;"the levy" means the levy prescribed in terms of section four;"licence" means a licence issued in terms of section fifteen;"pig carcass" means the carcass or any part of the carcass of a pig;"pig industry" includes anything and everything connected with—(a)the production, handling, treatment, processing and preparation for market or for export from Zambia of pigs and pig carcasses; and(b)the dressing and curing of pig carcasses for the making of bacon or ham;"Pig Levy Account" means the Pig Levy Account established in terms of section six;"pig products" means pork, bacon, ham and other products for human consumption which are derived from pig carcasses;"producer" means a person who, by himself or by means of his agents or servants, produces pigs in Zambia and "produced" shall be construed accordingly;"regulation" includes an order or notice;"sell" includes to exchange or dispose of for valuable consideration and cognate expressions shall be construed accordingly.[As amended by No. 15 of 1960, G.N. No. 89 of 1964 and S.I. No. 176 of 1965] The provisions of this Part shall not apply in relation to pigs which are—(a)[obsolete](b)produced by a producer and consumed by him, members of his household or his servants.[As amended by No. 15 of 1960 and G.N. No. 89 of 1964] The Minister may at any time, by statutory order—(a)withdraw the levy; or(b)suspend the collection of the levy;in whole or in part. On the 1st February, 1964, there shall be established in respect of the levy a special account to be known as the Pig Levy Account into which shall be paid the proceeds of the levy.[G.N. No. 89 of 1964 as amended by S.I. No. 176 of 1965] The Minister shall from time to time dispose of the amount standing to the credit of the Pig Levy Account in such manner as is in his opinion calculated to promote the development of the pig industry.[Act No. 9 of 1964] The Minister may, by civil action in a competent court, recover the amount of the levy which is due in terms of this Act from a person required in terms of this Act to pay the levy or to collect and remit the levy to the Permanent Secretary.[As amended by No. 15 of 1960 and G.N. No. 89 of 1964] The costs payable by the Minister in an action referred to in section nine shall be paid from the funds in the Pig Levy Account. The carcasses of all pigs slaughtered in Zambia for—(a)export or sale as carcasses; or(b)making into bacon, ham or other products for human consumption;shall be graded immediately after slaughter in accordance with the provisions of this Act.[As amended by No. 15 of 1960 and G.N. No. 89 of 1964] The Minister may, by statutory notice, define areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of this Act.[As amended by No. 15 of 1960, Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965] A Government grader shall—(a)examine the quality of each pig carcass liable to be graded in accordance with the provisions of this Act; and(b)grade the pig carcass and mark the grade on the carcass in the prescribed manner. In issuing or extending a licence the Minister may impose such conditions, including a condition requiring the holder of the licence to dress and cure annually a maximum or a minimum number or not more than a maximum or less than a minimum number of pig carcasses for the making of bacon or ham, as in his opinion are necessary to assist the development of the pig industry in Zambia.[As amended by No. 15 of 1960 and G.N. No. 89 of 1964] A person who—(a)fails or refuses when required to do so in terms of this Act to register as a producer, dealer or person who slaughters pigs; or(b)fails or refuses to furnish a return, or to supply information in the manner and in the time prescribed, or furnishes a false or incomplete return or supplies false or incomplete information; or(c)obstructs a Government grader or inspector in the performance of his duties or the exercise of powers conferred by or under a provision of regulations or, on being directed to do so, does not produce to an inspector for inspection a licence or pigs, pig carcasses or pig products, and any books, registers or accounts relating thereto, which are in his possession or under his control; or(d)marks on a pig carcass or pig product a mark identical with a Government grader's mark, or a mark so nearly resembling a Government grader's mark as to be likely to be mistaken for it, or forges a Government grader's mark on a pig carcass or pig product graded in terms of this Act; or(e)contravenes or fails to comply with a provision of this Act or of regulations or with an order or direction made or given thereunder with which it is his duty to comply;shall be guilty of an offence and liable—(i)for a contravention of subsection (1) of section fourteen or of paragraph (d)—(A)on first conviction, to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both; and(B)on the second or a subsequent conviction, to a fine not exceeding six thousand penalty units or, in default or payment, to imprisonment for a period not exceeding two years, or to such imprisonment without the option of a fine, or to both;(ii)for an offence not referred to in sub-paragraph (i)—(A)on first conviction, to a fine not exceeding seven hundred and fifty penalty units or, in default of payment, to imprisonment for a period not exceeding one month, or to such imprisonment without the option of a fine, or to both; and(B)on the second or a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding two months, or to such imprisonment without the option of a fine, or to both.[As amended by No. 15 of 1960 and Act No. 13 of 1994]Part I – Preliminary
1. Short title
2. Interpretation
Part II – Imposition and collection of levy on pigs
3. Application of Part II
4. Imposition of levy on pigs
5. Withdrawal or suspension of the levy
6. Establishment of Pig Levy Account
7. Disposal of the levy
8. Summary judgment for the levy in criminal proceedings
9. Recovery of the levy
10. Legal costs of Minister
Part III – Development of the pig industry in Zambia
11. Certain pig carcasses to be graded throughout Zambia
12. Minister may define areas in Zambia within which all carcasses to be graded
13. Duties of Government graders
14. Bacon factories to be licensed
15. Application for and issue of licences
16. Extension of licences
17. Conditions of licences
Part IV – General provisions
18. Appointment of Government graders and inspectors
19. Regulations
20. Offences and penalties