Agriculture
(Guaranteed Prices and Financial Assistance) (Jersey) Law 1965[1]
A LAW to provide for guaranteed
prices for agricultural produce, and for affording financial assistance to the
agricultural industry
Commencement
[see
endnotes]
PART 1
INTRODUCTORY
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“agricultural
holding” means land occupied as a unit for the purposes of agriculture,
including –
(a) any
dwelling-house or other building occupied by the same person for the purpose of
farming the land; and
(b) any
other land, in the occupation of the same person, falling within the definition
of agricultural land in this Law;
“agricultural land”
means land, including land under glass, used, by way of trade or business, for
purposes of agriculture;
“agriculture”
includes horticulture, fruit growing, seed growing, dairy farming and livestock
breeding and keeping, the use of land as grazing land, meadow land, market
gardens and nursery grounds, and the use of land as woodlands where that use is
ancillary to the farming of the land for other agricultural purposes, and the
expression “agricultural” shall be construed accordingly;
“approved” in
relation to any scheme, means approved by the Minister for the purposes of the
scheme;
“contravention”
includes failure to comply;
“description”
includes quality;
“fertilizer”
includes any approved material for improving the fertility or condition of the
soil;
“functions”
includes powers and duties;
“infested” in
relation to agricultural land, means infested with a specified pest, and
includes infestation of crops;
“livestock”
includes any creature kept for the production of food, wool, hides or fur, or
for the purpose of its use in the farming of land;
“marketing scheme”
means a scheme within the meaning of the Agricultural
Marketing (Jersey) Law 1953;
“Minister”
means the Minister for Sustainable Economic Development;
“occupier” in relation to a
scheme, means an occupier of agricultural land to which the scheme applies;
“owner” in
relation to a scheme, includes a usufructuary, the husband of a feme coverte, the guardian of an infant, the
curator of a person under interdiction and any other legal personal
representative;
“pest”
includes any bacterium, fungus or other animal or vegetable organism, and any
virus or other agent, causative of a transmissible crop disease;
“preparation for
market” does not include canning, bottling, pulping or cooking, or
preserving by sterilizing, freezing or de-hydrating, or by heat, or by any
chemical process;
“prescribe”
means prescribe by Order;
“produce”
means crops or horticultural produce, livestock or the produce of any kind of
animal husbandry, including the carcase, hide, wool or fur of animals, bacon,
and butter, cheese or other dairy produce;
“producer”
means a person who grows, in Jersey, produce for sale;
“scheme” means
a scheme made under the provisions of this Law;
“specified” in
relation to a scheme, means specified in the scheme.[2]
(2) In
this Law, the expression “producers’ marketing business”
means a business carried on by a co-operative association and consisting of the
storage, preparation for market or marketing of produce grown by producers who
are members of the association, and the expression “co-operative association”
means –
(a) any
body of producers registered by virtue of a marketing scheme; or
(b) any
other body of producers, whether a body corporate or not, which has a written
constitution from which the Minister is satisfied, having regard to the provision
made as to the manner in which the profits of the body are to be applied for
the benefit of its members and all other relevant provisions, that the body is
in substance a co-operative association the primary purpose of which, so far as
concerns the storage, preparation for market or marketing of produce, is to
assist producers.
2 Provisions
as to schemes
(1) Every
scheme shall be submitted to the States for approval and shall not come into
effect until after it has been so approved.
(2) Subject
to the provisions of paragraph (1), the Minister may vary or revoke a
scheme.
(3) Every
scheme shall contain all such provisions as the Minister may think necessary or
expedient for the purposes of the scheme and for the proper administration thereof,
and in particular but without prejudice to the generality of the foregoing
provisions of this paragraph and to the following provisions of this Law, a
scheme may provide –
(a) for
the payment of contributions or grants to be made by instalments over such
period as may be specified;
(b) for
the payment of contributions or grants, or of instalments thereof, to be
subject to compliance with such conditions as may be specified, or as the
Minister may think fit to impose;
(c) for
the modification from time to time, with the approval of the Minister, of a
proposed improvement or a proposal in respect of which a contribution or grant
may be made under the scheme;
(d) for
promoting economy in the carrying out of any improvement or of any proposal, or
in the use of any approved fertilizer or approved material, in respect of which
a contribution or grant may be made under the scheme.
(4) A
scheme under this Part shall provide that where, in contravention of the
provisions of the scheme, produce in respect of which a payment under the
scheme has been made is exported, the person by whom such produce is exported
shall, without prejudice to any proceedings in respect of the contravention and
to any penalty imposed therefor, refund the amount of such payment in respect
of the quantity of such produce so exported.
PART 2
GUARANTEED PRICES
3 Power
to provide guaranteed prices
(1) The
Minister may make schemes for providing for the payment of guaranteed prices to
producers for any produce mentioned in the Schedule:
Provided that a scheme
under this Part shall not apply to produce grown or produced for export, or
exported.
(2) Without
prejudice to the generality of the provision of Article 2, a scheme under
this Part may provide –
(a) for
the payment by the Minister to a board administering a marketing scheme in
respect of the produce to which the scheme applies of sums calculated by
reference to the difference between the value at guaranteed prices, determined
by the Minister in pursuance of the scheme, of the produce sold by the board
and the receipts of the board, ascertained for the purposes of the scheme, from
the sale of the produce;
(b) for
the payment by the Minister to producers of the produce to which the scheme
applies, or to such other persons as may be specified, of sums calculated by
reference to the difference between guaranteed prices, determined by the
Minister in pursuance of the scheme, and prices, ascertained or estimated for
the purposes of the scheme, as the prices received or to be received on the
sale of the produce;
(c) for
the purchase by the Minister, or by the board administering a marketing scheme
in respect of the produce to which the scheme applies, at guaranteed prices
determined by the Minister in pursuance of the scheme, of any of the produce
tendered by producers, and, in the case of purchase by any such board, for the
payment by the Minister of the whole or part of any trading loss incurred or
treated as incurred by the board on the purchase and disposal of the produce.
(3) Subject
to the provisions of this Article, any guaranteed price to be determined by the
Minister in pursuance of a scheme under this Part shall be determined from time
to time in respect of such guarantee periods, being periods of or of
approximately 12 months as may be specified, and any such guaranteed price may
be determined by reference to the prices paid to persons producing similar
produce imported into Jersey, or in such other manner, being a specified
manner, as the Minister may think to be just and equitable.
(4) Subject
to the provisions of Article 2(2), a guaranteed price determined by the
Minister for a guarantee period in pursuance of a scheme under this Part may be
varied by a subsequent determination by the Minister.
(5) A
scheme under this Part may be made so as to apply only to specified
descriptions or to specified quantities of produce, and may make different
provisions, including in particular provisions for the determination of
different guaranteed prices, in respect of different descriptions or different
quantities of produce, and, without prejudice to the generality of the
foregoing provisions of this paragraph, produce may be distinguished for the
purposes of this paragraph by reference –
(a) to
the season of the year in which it is produced, sold or despatched or delivered
on sale;
(b) to
the purposes for which it is sold or used;
(c) to
the methods by which it is marketed, including the place at which it is
delivered on sale.
(6) Where
the dates of specified guarantee periods are subsequently varied, provision may
be made for the duration of the first guarantee period under the scheme as
varied, or of the last previous guarantee period, to be shortened or extended
as may be specified.
4 Power
to provide for protection of guarantees
(1) For
the purpose of supporting any arrangements in force by virtue of a scheme under
this Part, and, in particular, of securing that payments, whether made by the
Minister or by a board administering a marketing scheme to which payments are
so made under the scheme, are made only in proper cases, provision may be made
in the scheme –
(a) for
requiring that produce to which the scheme applies, being produce eligible for
such payments as aforesaid, or produce of any class or description which
includes produce eligible for such payments, shall be marked in such
circumstances, in such manner, and by or under the supervision of such person,
as may be specified;
(b) for
prohibiting the removal from any place where produce is required to be marked
in pursuance of the scheme of any produce to which the scheme applies which has
not been so marked;
(c) for
requiring the keeping and production by producers, merchants or other persons
of books, accounts or records relating to the sale, purchase or use of produce
to which the scheme applies.
(2) Without
prejudice to the generality of the provisions of Article 2, a scheme under
this Part which applies –
(a) to
livestock, may prohibit the use for breeding or for milking of any livestock
marked as eligible for payments under the scheme;
(b) to
potatoes, may prohibit –
(i) the sale or use
for human consumption, including use in the preparation of food for human
consumption,
(ii) the
sale or use for planting,
of potatoes purchased
by the Minister, or by any board administering a marketing scheme, in pursuance
of a scheme made under this Part and sold by the Minister or the board, as the
case may be, as stockfeed.
PART 3
AGRICULTURAL GRANTS
5 Grants
in respect of the use of fertilizers
(1) The
Minister may make schemes to provide for the making of contributions for
relieving occupiers of part, or of the whole, of the expenditure which they
would otherwise incur in respect of approved fertilizers acquired by them to
improve the fertility or condition of the soil.
(2) No
contribution under a scheme made in pursuance of paragraph (1) shall
exceed the whole of the cost, calculated in accordance with the provisions of
the scheme, to any such occupier of acquiring a specified quantity of an
approved fertilizer.
(3) Without
prejudice to the generality of the provisions of Article 2, a scheme made
in pursuance of paragraph (1) may –
(a) specify
the conditions subject to which persons may become, or may cease to be,
approved suppliers, including conditions as to the prices to be charged for
approved fertilizers purchased from them and conditions as to the keeping and
production of accounts, books and other records of their dealings in approved
fertilizers;
(b) prohibit
the making of contributions in respect of approved fertilizers acquired
otherwise than from an approved supplier;
(c) make
different provisions in relation to the contributions to be made in respect of
different approved fertilizers, and of different kinds, descriptions and
quantities of any approved fertilizer;
(d) prohibit
the making of contributions below such minimum amount as may be specified;
(e) provide
that no contribution shall be made unless application therefor is made within
the time, and in the manner, specified.
6 Grants
in respect of controlling infestation of land and crops
(1) The
Minister may make schemes to provide for the making of contributions for
relieving occupiers of part, or of the whole, of the expenditure which they
would otherwise incur in respect of approved materials acquired by them for the
purpose of controlling an infestation of agricultural land or of crops growing
or grown in such land.
(2) No
contribution under a scheme made in pursuance of paragraph (1) shall exceed
the whole of the cost, calculated in accordance with the provisions of the
scheme, to any such occupier of acquiring a specified quantity of an approved
material.
(3) Without
prejudice to the generality of the provisions of Article 2, a scheme made
in pursuance of paragraph (1) may –
(a) specify
the conditions subject to which persons may become, or may cease to be,
approved suppliers, including conditions as to the prices to be charged for
approved materials purchased from them and conditions as to the keeping and
production of accounts, books and other records of their dealings in approved
materials;
(b) provide
that a contribution shall be made only where the approved material has been
used –
(i) in such manner,
(ii) during
such period,
(iii) either
generally or in particular cases, under the supervision, and in accordance with
the directions, of such person,
as may be specified;
(c) prohibit
the making of contributions in respect of approved materials –
(i) acquired
otherwise than from an approved supplier,
(ii) used
otherwise than in accordance with provisions included in a scheme by virtue of
sub-paragraph (b),
(iii) where
the amount of a contribution is less than a specified sum,
(iv) until
after an approved material has been used in accordance with the provisions of
the scheme,
(v) unless application is
made therefore within the time, and in the manner specified;
(d) make
different provisions in relation to different approved materials, or to
different formulations of any approved material.
7 Grants
in respect of grassland renovation
(1) The
Minister may make a scheme to provide for the payment of grants towards the
cost of renovation of agricultural land under grass by means of specified
operations.
(2) Without
prejudice to the generality of the provisions of Article 2, a scheme made
in pursuance of paragraph (1) –
(a) shall –
(i) specify the rates
of grants payable, and such rates may be specified by reference to the area of
the agricultural land in respect of which a grant is payable,
(ii) require
the agricultural land to have been under grass for a specified minimum period
before the carrying out of any specified operation,
(iii) restrict
the payment of grants to cases where, before a specified operation has been
carried out, the operation has been approved in pursuance of an application
made in such manner as the Minister may require,
(iv) specify
the period, not being a period longer than 3 years from the day of the coming
into force of this Law, within which application for a grant may be made;
(b) may –
(i) provide for
defining or limiting the kinds of agricultural land under grass in respect of
which grants may be made,
(ii) specify
a minimum area of land in respect of which grants may be made,
(iii) make
provision as to the persons to whom grants may be made,
(iv) provide
for securing that a grant shall not be made, or shall be restricted in amount,
in any case where the Minister is of the opinion that any operation relevant to
the payment of a grant has been inefficiently carried out,
(v) make different
provisions in relation to different operations.
(3) Without
prejudice to any definition or limitation contained in a scheme by virtue of
the provisions of paragraph (2)(b)(i), references in this Article to
agricultural land under grass shall include references to any grazing land and,
in particular, to land under clover, lucerne or sainfoin, or mixtures of
clover, lucerne or sainfoin with grass.
8 Recovery
of grants
(1) Every
payment made under a scheme under this part of this Law shall be made subject
to audit, and any sum which is found on audit to have been improperly paid may
be recovered by the Minister, as a civil debt, from the person to whom it was
paid or, at the discretion of the Minister, an amount equivalent to such sum
may be deducted from any subsequent payment to that person under any scheme.
(2) The
provisions of this Article shall be without prejudice to the provisions of Article 12(5).
9 Power
of recovery in the event of excessive price
If a price charged to,
and received from, an occupier by an approved supplier for an approved
fertilizer or, as the case may be, an approved material in respect of which a
contribution is payable under a scheme exceeds the price (if any) specified in
respect of that fertilizer or that material, the amount of the excess shall be
recoverable by the occupier, as a civil debt, from the approved supplier:
Provided that the
provisions of this Article shall not apply to so much of any such excess as
represents a charge made by an approved supplier for credit facilities afforded
by the supplier to the occupier in respect of the purchase of the approved
fertilizer or approved material, as the case may be.
PART 4
GENERAL
10 Power of
inspection and sampling
Any person authorized in
that behalf by the Minister shall be entitled, on production if so required of
evidence of his or her authority, to enter and inspect, and to carry out tests
and take samples, on any land –
(a) on
which there is any produce in respect of which, by virtue of the provisions of Part 2,
a guaranteed price has been paid, or for which application for the payment of a
guaranteed price has been made by any person;
(b) being
agricultural land, in respect of, or in connection with which, any contribution
or grant has been applied for or made by virtue of the provisions of Part 3.
11 Power to obtain
information
(1) The
Minister, and any person authorized in that behalf by the Minister, may require –
(a) any person
by, or on behalf of, whom an application for a payment under any scheme has
been made to furnish to such authority or to such person, within such time, and
in such manner, as may be specified in the requirement, all such information
relating to the application as may be so required;
(b) an
approved supplier, or any person who has ceased to be an approved supplier, to
furnish to such authority or to such person, within such time, and in such
manner, as may be specified in the requirement all such information, and to
produce all such accounts, books or other documents as he or she may, by virtue
of the conditions subject to which he or she became, or ceased to be, an
approved supplier, be required to furnish or produce.
(2) Notwithstanding
anything contained in the Agricultural
Returns (Jersey) Law 1947, any returns made under the
provisions of that Law may be used by the Minister for the purposes of any
scheme, and any such returns may be disclosed to any court before which any
proceedings under or in connection with this Law are taken.
12 Offences
(1) Any
person who –
(a) for
the purpose of obtaining for himself, herself or for any other person any
payment under a scheme, knowingly or recklessly makes any statement which is
false in a material particular or which is calculated to mislead;
(b) having
obtained any payment under a scheme in respect of the acquiring of any approved
fertilizer or any approved material –
(i) disposes of such
fertilizer or such material or any part thereof to any other person, or
(ii) uses
such fertilizer or such material or any part thereof, or allows it to be used,
for any purpose other than a purpose for which the payment was made;
(c) with
intent to deceive, uses, or lends to or allows to be used by any other person
any certificate, receipt or other document issued for the purposes of a scheme,
or, with the like intent, makes or has in his or her possession any document so
closely resembling such a certificate, receipt or other document as to be
calculated to deceive; or
(d) being
required under the provisions of this Law to furnish any information or to
produce any accounts, books or other documents, knowingly furnishes any false
information or produces any false accounts, books or other documents,
shall be guilty of an
offence and shall be liable to imprisonment for a term of 12 months and to
a fine.[3]
(2) Except
as provided by paragraph (3), any person who acts in contravention of any
provision of a scheme, or of any condition imposed by the Minister in respect
of a contribution or grant made, or to be made, to the person shall be guilty
of an offence and shall be liable to a fine of level 3 on the standard
scale.[4]
(3) Any
person who –
(a) obstructs
or impedes any person authorized under the provisions of Article 10 to
make an inspection or to carry out tests or take samples; or
(b) being
required, under the provisions of Article 11 or of a scheme, to furnish
any information, or to produce any accounts, books or other documents refuses
or without reasonable excuse fails to do so,
shall be guilty of an
offence and shall be liable to a fine of level 2 on the standard scale:
Provided that, if the
court is satisfied that he or she committed the offence with intent to prevent
the discovery of some other offence under this Law, he or she shall be liable
to the penalties prescribed by paragraph (1).[5]
(4) Where
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any
negligence on the part of, any director, manager, secretary or other similar
officer of the body corporate, or any person purporting to act in any such
capacity, he or she, as well as the body corporate, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly.
(5) Where
under the provisions of a scheme a person would be entitled to a payment and
that person is convicted of an offence under the provisions of this Article, no
payment shall be made to him or her under the scheme and if, before he or she
was so convicted, any payment was made to him or her in respect of the matter
in connection with which he or she was convicted, the amount of such payment
shall be recoverable under the provisions of Article 8 as if it had been
improperly paid.
13 Variation of Schedule
The States may make Regulations
varying the Schedule to this Law and, where the Schedule to this Law is varied
by Regulations under this Article, this Law shall have effect, so long as the Regulations
remain in force, as if the Schedule as so varied was substituted for the Schedule
contained in this Law.
14 Citation
This Law may be cited as
the Agriculture (Guaranteed Prices and Financial Assistance) (Jersey) Law 1965.