Revised Laws of Saint Lucia (2021)

Schedule

(Section 13)

REGULATIONS

1.   Short Title

These Regulations may be cited as the Banana (Protection and Quality Control) Regulations.

2.   Interpretation

Words and phrases used in these Regulations shall have the meanings assigned to them in section 2 of the Act and unless the context otherwise requires—

“the Act” means the Banana (Protection and Quality Control) Act;

“Banana Standards Manual” means the book of instructions and regulations for boxing plant and field packing operations and banana quality standard specifications and all amendments and revisions of and supplements to that book issued by the Authority;

“boxes” means boxes of bananas;

“bruise” in relation to a banana means an actively deteriorating damaged tissue caused by the banana coming into contact with another object and “bruised” means tissue so affected;

“bunch” means a stem of bananas complete with a stalk with its hands;

“cluster” means a portion of a hand containing no less than 4 nor more than 12 contiguous fingers or such other number of fingers as may be prescribed by the Authority;

“carton” means a box into which bananas are packed for export as specified by the Authority;

“crown” means the tissue which connects the hands to the stalk;

“crown pad” means a chemically treated absorbent pad or such other material as may be prescribed by the Authority and used for covering the cut surface of the crown in field packing operations;

“damaged” in relation to a hand or part thereof means having a finger or pedicel broken, bruised or ruptured by physical strain or contact;

“delivery” means an entire batch of one or more boxes of bananas delivered for inspection and purchased at a buying depot;

“field pack licence” means a licence for a banana grower to field pack bananas for export from a specified holding;

“finger” means an individual banana fruit complete with skin and pedicel;

“field pack manual” means the book of instructions and regulations for field packing of bananas and all amendments to or revisions of and supplements to that book issued by the Authority;

“flower” means the parts of the inflorescence attached to that end of each finger;

“deflower” means the removal of the flower;

“hand” means the total natural complement of fingers attached to and supported by the same crown;

“holding” means any parcel of land on which bananas are grown for export and which is registered with the Association;

“inspection” means inspection of boxes by servants or agents of the Association or Geest prior to purchase, and “inspected” and “inspector”, shall be construed accordingly;

“part hand” means a portion of a hand having more than 12 fingers;

“pseudostem” in relation to a banana plant means a false stem consisting of tightly packed leaf sheaths and which is functionally the trunk of the plant and which connects the aerial parts of the plant to its corm;

“quality rating” means the rating given to a banana grower for the quality of his or her bananas on such a basis which the Authority may specify;

“scar” means a cured bruise with or without callus tissue;

“sleeve” means the polyethylene tube or other material used to cover the bunch while it is developing;

“snapped” in relation to a banana plant means broken at the pseudostem or stalk;

“stale bananas” means bananas which have been reaped or harvested before the commencement of a cutting period, or which have been harvested from toppled or snapped plants;

“stalk” means that portion of the banana plant which supports and terminates as the main axis of the bunch;

“toppled” in relation to a banana plant means uprooted by the agency of man or otherwise.

(Amended by S.I. 73/1990)

3.   Boxing Plant

1.  

   (1)   A banana grower shall not operate a boxing plant without a licence to do so.

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   (2)   In exercising its discretion to grant to or refuse a grower a licence to erect and operate a boxing plant, the Authority shall have regard to such factors and circumstances as are specified in the Banana Standards Manual and may have regard to such factors and circumstances as the Authority considers to be relevant and in particular the Authority shall have regard to—

   1.  

      (a)     the banana production of the growers holding, such banana production being normally expected to be at least 4 net tons per shipment;

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      (b)     the accessibility to vehicles of the proposed site for the erection of the boxing plant and for collection of packed cartons; and

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      (c)     the availability of water which in the opinion of the Authority is considered to be adequate and suitable for boxing operations.

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   (3)   Every boxing plant shall be covered and must, in the opinion of the Authority, be adequate to protect from water and heat all box components and boxed bananas awaiting shipment.

(Amended by S.I. 73/1990)

4.   Boxing Plant Operations

1.  

   (1)   All exportable bananas shall be selected, processed and packed in the manner stipulated in the Banana Standards Manual and shall be delivered to a reception station within 36 hours after the harvest thereof or within such period as the Authority may approve.

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   (2)   Before bananas are packed for export at a boxing plant, the following rules shall be observed unless otherwise stipulated by the Authority—

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      (a)     the bananas shall be dehanded and selected;

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      (b)     the hands or clusters shall be deflowered and washed;

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      (c)     the bananas shall be treated with a fungicide formulation approved by the Authority and in a manner approved by the Authority; and

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      (d)     the bananas shall be finally selected for quality, and if rejectable, shall not be packed for export.

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   (3)   All exportable bananas shall be packed in a carton or in such other manner approved by the Authority.

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   (4)   Exportable bananas packed and awaiting transport to a reception station shall be stored under dry and well ventilated conditions and in a manner approved by the Authority.

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   (5)   Every boxing plant shall be maintained in a sanitary condition and after each shipment all trash, stalks and rejected bananas shall be removed from the boxing plant and the vicinity thereof.

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   (6)   Every boxing plant shall be treated against pests in a manner approved by the Authority.

5.   Field Packing Operations

1.  

   (1)   A banana grower shall not field pack bananas from any particular holding without a field pack licence to field pack from that holding.

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   (2)   A banana grower may apply to the Authority to be certified as a field packer and the Authority may so certify if it is satisfied that the grower's operations meet the standards and procedures prescribed by these Regulations and directions of the Authority.

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   (3)   A grower engaged in field packing shall adhere to the following—

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      (a)     in order to ensure that proper disease and pest control are maintained, field sanitation shall be of a high standard, in that proper weed control, proper drainage and recommended plant density shall be maintained and dead and drying leaves shall be cut-off;

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      (b)     whenever and wherever so required by the Authority, all bananas shall be deflowered and shall be sleeved;

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      (c)     a shed for the storage of empty and packed banana cartons shall be provided. The shed shall be constructed in a manner as set out hereunder or as otherwise approved by the Authority—

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         (i)     the shed shall be adequately protected to prevent the wetting of cartons and other materials by rain, and

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         (ii)     the shed shall be constructed in such manner as to allow free circulation of air for adequate ventilation to prevent the overheating of fruit;

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      (d)     dehanding and packing of the bananas shall be carried out in a manner approved by the Authority;

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      (e)     only exportable bananas shall be selected for packing;

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      (f)     at all stages in the operation carried out in a manner approved by the Authority latex must be prevented from staining the bananas;

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      (g)     the cut surface of the crown must be treated in the manner prescribed by the Authority;

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      (h)     cartons must be fully packed with bananas;

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      (i)     the field packer shall comply with the instruction of the Authority in regard to the protection of the boxed bananas against the infestation by pests;

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      (j)     every field pack shed shall be maintained in sanitary conditions and after each shipment all trash, stalks and rejected bananas shall be removed from the field pack shed and the vicinity thereof;

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      (k)     every field pack shed shall be treated against pests in a manner approved by the Authority.

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   (4)   Licence granted to a grower under this Act may be suspended or revoked if—

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      (a)     on 3 or more occasions within 5 consecutive deliveries, entire deliveries have been rejected under regulation 9(2);

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      (b)     the quality rating of a grower is below a level specified by the Authority on 3 consecutive sales occasions, and he or she is issued with a written warning, his or her holding visited and remedial advice given to him or her, and he or she fails to implement the advice given before the second delivery thereafter;

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      (c)     on a second occasion the grower harvests bananas before the time stipulated in the official announcement of a cutting notice or offers for sale bananas harvested before that time and in addition to such revocation, his or her entire delivery shall be rejected;

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      (d)     the grower delivers bananas which have already been rejected, and his or her entire delivery is rejected;

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      (e)     the grower—

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         (i)     knowingly receives bananas from a grower whose licence is suspended or revoked, and

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         (ii)     delivers for sale the bananas received from a grower whose licence is suspended or revoked; and

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      (f)     the grower intimidates, bribes or attempts to intimidate or bribe a banana inspector for the purpose of influencing the inspection of bananas.

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   (5)   The Authority may, upon representation made to it by a grower whose licence has been suspended or revoked and after considering all the circumstances, restore the licence of such a grower.

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   (Amended by S.I. 78/1990)

6.   Inland Buying Depots

The inspection and handling of cartons at Inland buying depots shall be carried out in the following manner or as approved by the Authority—

1.  

   (a)     fruit shall be carefully handled during inspection;

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   (b)     the diothene lining in the carton shall be replaced correctly after inspection;

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   (c)     cartons shall be handled carefully while being stacked and loaded onto vehicles;

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   (d)     pallets shall be used for stacking cartons;

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   (e)     cartons shall not be carried or stacked on their ends, on their sides or upside down;

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   (f)     the building and surroundings shall be kept in a sanitary condition;

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   (g)     the building shall be treated against pests in a manner prescribed by the Authority.

7.   Wharf and Ship Loading Operations

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   (1)   The inspection and handling of cartons on the wharf and handling during the loading of the ship shall be carried out in the following manner or as approved by the Authority—

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      (a)     fruit shall be carefully handled during inspection;

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      (b)     the diothene lining in the carton shall be replaced correctly after inspection;

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      (c)     cartons shall be handled carefully while making up pallets;

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      (d)     cartons shall not be carried or stacked on their ends, sides or upside down, either on the wharf or the ship;

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      (e)     cartons or pallets of cartons shall not be left standing uncovered in the rain;

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      (f)     where facilities allow, bananas shall be loaded on to the ship on pallets;

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      (g)     due care and attention shall be exercised by persons involved in transferring cartons, whether singly or on pallets, from the wharf onto the ship to prevent the loss or damage to such cartons;

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      (h)     where possible, cartons shall be stored on pallets on the ship;

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      (i)     cartons shall be made secure on the ship in a manner approved by the Authority, being a manner which does not jeopardise the safety of the ship;

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      (j)     cartons shall not be walked on except where necessary. In such cases, sheets of hardboard or other material approved by the Authority shall first be laid on top of the cartons to protect the fruit contained therein.

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   (2)   Wharves shall be maintained in sanitary condition.

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   (3)   Wharves and ships shall be treated against pests in a manner and at intervals approved by the Authority.

8.   Rejectable Bananas

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   (1)   A hand or cluster is rejectable—

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      (a)     if it contains less than 4 fingers of exportable quality or such other number of fingers as prescribed by the Authority;

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      (b)     if it cannot be cut (if necessary) to form an acceptable cluster or clusters;

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      (c)     if all defective fingers thereof as described in paragraph (b) are not removed and the hand cut into acceptable clusters;

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      (d)     if it is marked with multiple spots which render it unsightly;

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      (e)     if it is marked by unsightly colorations such as those from rust thrips, unless the blemish as seen on the outside of the fingers is only faint and diffuse;

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      (f)     if it is affected by leaf spot or other disease to the extent that the fingers thereof are not properly formed and/or the pulp is soft either wholly or in part;

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      (g)     if the crown is cut appreciably smaller than its original size (excessively pared) or is still attached to a piece of the main stalk;

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      (h)     if the fingers thereof are excessively curved or otherwise mis-shapen to the extent that proper packing is made difficult or if it contains twin fingers;

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      (i)     if the fruit is noticeably soft or ripening or shows sighs that it will ripen early; (Amended by S.I. 73/1990)

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      (j)     if it is not of the approved exportable grade;

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      (k)     if it is stale;

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      (l)     if the fruit is noticeably soft or ripening;

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      (m)     if it is scorched by the sun or has deteriorated; or

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      (n)     if it is otherwise rejectable under rules prescribed in the Banana Standards Manual.

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   (2)   Defective fingers are those which—

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      (a)     are damaged;

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      (b)     are noticeably bruised;

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      (c)     are cut;

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      (d)     are markedly scarred;

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      (e)     have finger end rot;

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      (f)     are markedly stained with dry latex in the case where bananas are delivered by boxing plants or are markedly stained with dry or wet latex where bananas are field packed; or

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      (g)     have other blemishes.

9.   Rejectable Cartons

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   (1)   A carton of bananas is rejectable after inspection at a boxing plant or at a reception depot:

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      (a)     if it is badly packed, that is, if it is clear that the packing has led or will lead to deterioration of the fruit;

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      (b)     if the lining packing material is absent, of the wrong type, dirty, discoloured, insufficient, excessive or wrongly placed;

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      (c)     if it is underweight, that is, if the contents of the standard carton weigh less than that prescribed by the Authority;

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      (d)     if it contains one or more soft or ripening fingers;

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      (e)     if it is crushed, badly mis-shapen, excessively bulging, wet, or with the divider badly placed;

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      (f)     if one or more hand or clusters have serious defects;

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      (g)     if the ventilation of the carton is substantially impaired; or

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      (h)     if it is otherwise rejectable under rules prescribed in the Banana Standards Manual.

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   (2)   An entire delivery of bananas is rejectable if—

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      (a)     by initial sampling it is found to contain a proportion of poor quality fruit above the percentage prescribed by the Authority;

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      (b)     by initial sampling the proportion of boxes that are wet, damaged or dirty is more than that prescribed by the Authority;

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      (c)     the boxes are generally in an unreasonably unsanitary condition;

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      (d)     by initial sampling an unreasonable number of insects and other creatures are discovered in the delivery;

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      (e)     varieties other than those specified for export, or other objects such as banana stems or stones are found in the delivery; or

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      (f)     the source of the bananas is from a grower without a field pack licence.

(Amended by S.I. 73/1990)

10.   Carriage of Bananas Generally

1.  

   (1)   Where unpacked bananas are carried on any person's head to a boxing plant or to any place where bananas are boxed, such bananas shall be carried on a padded container of a design which is acceptable to the Authority.

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   (2)   Bananas shall be protected from the sun and from injury by methods acceptable to the Authority, and under no circumstance should exportable bananas be stacked on the bare ground.

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   (3)   No exportable banana shall be loaded onto any vehicle unless provisions approved by the Authority shall have been made for the protection of such banana from bruises during its carriage in such vehicle.

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   (4)   The Authority shall have power to prohibit any unsatisfactory practice in regard to the carriage, stacking or loading of bananas in the circumstances referred to in this regulation.

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   (5)   Any vehicle carrying bananas shall comply with the following requirements—

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      (a)     the loading floor of the vehicle shall be flat and rigid and as far as practicable shall have smooth rigid sides without projections and with tie beams to hold the sides firmly together; and

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      (b)     there shall be a smooth and rigid front board separating the driver's cab from the load platform.

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   (6)   Bananas shall be carried in vehicles with due care and attention, having regard to the conditions of the road.

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   (7)   No more than 5 persons shall ride or be permitted to ride on a vehicle and no more than 3 footmen shall ride or be permitted to ride on the platform reserved for this purpose at the rear of the body of the vehicle.

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   (8)   Persons riding with the load shall on no account sit, stand or lean heavily on the load.

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   (9)   Loaded trucks shall not be parked in the sun for unreasonably long periods.

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   (10)   Bananas may be transported to boxing plants whether as bunches or as hands and by any method which maintains the quality of the bananas and is approved by the Authority.

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   (11)   Bananas intended for field packing shall not be transported on any vehicle.

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   (12)   The load shall be protected from the sun. Where cartons are being carried, they shall be protected from the rain by an approved cover.

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   (13)   Direct contact between the bananas and the body of the vehicle shall be avoided by the use of appropriate and adequate padding approved by the Authority.

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   (14)   Padding shall be of such material as will not scratch or otherwise damage or adversely affect the bananas in their green or subsequent ripened state.

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   (15)   The hands of bunches shall be separated by soft pads to prevent hands from damaging each other.

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   (16)   Unless otherwise approved by the Authority the maximum height of packing bunches in a vehicle shall be 8 tiers.

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   (17)   No article other than those used for the protection of the bananas and approved by the Authority shall be placed on any banana.

11.   Carriage of Hands

1.  

   (1)   Hands intended to be packed at a boxing plant may be carried in field boxes or in any other manner authorised by the Authority.

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   (2)   Field boxes shall be properly stacked in the vehicle as prescribed in the Banana Standards Manual.

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   (3)   Field boxes shall not be stacked so that they make direct contact with underlying fruit.

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   (4)   Hands intended for field packing may only be carried on delatexings trays, or in any other manner authorised by the Authority.

(Amended by S.I. 73/1990)

12.   Carriage of Bananas for Delivery to Reception Depots

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   (1)   Vehicles for carrying bananas packed for shipment may have sides and if so, the sides shall be smooth and rigid with no internal projections or large gaps through which boxes might protrude.

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   (2)   Cartons shall be loaded on to the vehicle with care. Cartons shall not be allowed to fall on to the floor or on other cartons.

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   (3)   Cartons shall be stacked so that the weight of the load is borne by the carton and not by the fruit within. Cross-stacking should be used as far as possible.

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   (4)   Cartons shall be stacked tightly with no gaps between them. If the width of the truck does not allow this, then a baffle board shall be placed to ensure a tight fit.

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   (5)   Cartons shall not be stacked on their sides or on their ends.

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   (6)   Cartons shall not be stacked more than 10 layers high.

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   (7)   A person shall not stand or sit and no heavy object shall be placed on stacked cartons so that the weight of the person or object is borne by the fruit therein.

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   (8)   If cartons are loaded on pallets, appropriate steps shall be taken to secure the stability of the pallet load.

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   (9)   The load shall always be fully covered to protect it from both sun and rain.

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   (10)   Unloading shall be carried out with care. Cartons shall not be thrown on the vehicle floor or on the ground or be made to slide along the floor of the vehicle.

CHAPTER 7.05
BANANA (PROTECTION AND QUALITY CONTROL) ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation