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PREVENTION OF DAMAGE BY PESTS
DECREE, 1968 (NLCD 245)
ARRANGEMENT OF PARAGRAPHS
Paragraph
1. Establishment of inspectorate.
2. Identification cards issued to
inspectors.
3. Obligation of certain persons
to give notice of occurrence of
infestation, etc.
4. Certain persons to ensure that
food is kept in a clean and
sanitary condition.
5. Powers of inspectors.
6. Certificate of Worthiness for
premises and vehicles.
7. Inspectors to consult
appropriate officials.
8. Review Board.
9. Offences.
10. Time for prosecution.
11. Defence open to accused
person.
12 Offences by bodies of persons.
13. Regulations.
14. Exemption.
15. Interpretation.
IN pursuance of the Proclamation
entitled "Proclamation for the
constitution of a National
Liberation Council for the
administration of Ghana and for
other matters connected
therewith", published in Gazette
No. 11 of Monday, 28th February,
1966, this Decree is hereby made:—
Paragraph 1—Establishment of
Inspectorate.
The Commissioner responsible for
Agriculture (hereinafter referred
to as "the Commissioner") shall,
for purposes of this Decree,
appoint inspectors, functioning
under his supervision, who shall
ensure that food and feeding
stuffs are free from
contamination, infestation or
infection by pests, and who shall
give directions in that behalf.
Paragraph 2—Identification Cards
Issued to Inspectors.
The Commissioner shall issue each
inspector with an identification
card containing a recent
photograph of the inspector, and
this card shall be produced on
demand to the owner or occupier of
the premises or vehicle.
Paragraph 3—Obligation of Certain
Persons to give Notice of
Occurrence of Infestation, Etc.
Every person who is connected with
the task of the importation,
exportation, manufacture, storage,
transport or sale of food and
feeding stuffs shall give the
Commissioner notice in writing,
within forty-eight hours after its
occurrence, if it comes to his
knowledge that any infestation,
contamination or infection is
present—
(a) in any premises or vehicle or
any equipment belonging to any
premises or vehicle, used or
likely to be used in the course of
such task; or
(b) in any food or feeding stuffs
used or likely to be used in the
course of such task or in any
other goods for the time being in
his possession which are in
contact or likely to come into
contact with such foods or feeding
stuffs.
Paragraph 4—Certain Persons to
Ensure that Food is Kept in a
Clean and Sanitary Condition.
Every person required to give
information under paragraph 3 of
this Decree shall ensure that food
and feeding stuffs in his
possession are kept in a clean and
sanitary condition.
Paragraph 5—Powers of Inspectors.
(1) Any inspector appointed for
purposes of this Decree may—
(a) enter any premises or vehicles
for the purpose of ensuring that
food and feeding stuffs are free
from contamination, infestation or
infection by pests and for any
other purpose specified in this
Decree or any Regulations made
thereunder; and
(b) request any person referred to
in paragraph 3 of this Decree to
furnish any return or other
document for the purposes of this
Decree or Regulations made
thereunder within such period as
may be specified in such request.
(2) No person shall obstruct any
inspector in the performance of
his functions under sub-paragraph
(1) of this paragraph.
Paragraph 6—Certificate of
Worthiness for Premises and
Vehicles.
No person shall store any food or
feeding stuffs in premises or
transport any food or feeding
stuffs in vehicles which have not
been issued with a Certificate of
Worthiness.
Paragraph 7—Inspectors to Consult
Appropriate Officials.
Inspectors shall, where necessary,
consult and co-operate with
officials of the Ministry of
Health and the Local Government
Health Authorities, as the case
may be, in the discharge of their
functions under this Decree.
Paragraph 8—Review Board.
There shall be a Review Board
which shall be established for the
purposes to be specified in
Regulations made under this
Decree.
Paragraph 9—Offences.
Every person who contravenes any
of the provisions of this Decree
or Regulations made thereunder,
shall be guilty of an offence and
shall be liable—
(a) on summary conviction for a
first offence to a fine not
exceeding one hundred new cedis or
to imprisonment for a term not
exceeding three months or to both
such fine and imprisonment;
(b) on summary conviction for a
subsequent offence to a fine not
exceeding two hundred new cedis or
to imprisonment for a term not
exceeding six months or to both
such fine and imprisonment; and
(c) on conviction upon indictment
to a fine not exceeding one
thousand new cedis or to
imprisonment for a term not
exceeding three years or to both
such fine and imprisonment.
Paragraph 10—Time for Prosecution.
A
prosecution under the foregoing
section may be instituted at any
time within twelve months of the
date on which the offence was
alleged to have been committed.
Paragraph 11—Defence Open to
Accused Person.
In a prosecution arising as a
result of contravention of this
Decree or of Regulations made
thereunder it shall be a defence
if the accused proves to the
satisfaction of the court that he
exercised all reasonable diligence
in ensuring that the food or
feeding stuffs were stored or
transported in accordance with the
provisions of this Decree or
Regulations made thereunder.
Paragraph 12—Offences by Bodies of
Persons.
In the case of an offence by a
body of persons—
(a) where the body of persons is a
body corporate (other than a
partnership), every director and
officer of the body corporate
shall be deemed to be guilty of
the offence; and
(b) where the body of persons is a
partnership, every partner of that
firm shall be deemed to be guilty
of the offence:
Provided that no such person shall
be deemed to be guilty of the
offence, if he proves that such
offence was committed without his
knowledge or that he exercised due
diligence to prevent the
commission of the offence.
Paragraph 13—Regulations.
The Commissioner may by
legislative instrument make
Regulations in respect of all or
any of the following matters:—
(a) the destruction of rats, mice,
insects or other pests causing the
contamination, infestation or
infection of food or feeding
stuffs;
(b) the disinfestation of
contaminated, infested or infected
foods or feeding stuffs at the
expense of the owner or possessor
thereof;
(c) the inspection of storage
premises or vehicles in which food
or feeding stuffs are transported,
at intervals specified in the
Regulations;
(d) the issue of certificates, by
inspectors;
(e) the condition of storage
premises or vehicles in which food
or feeding stuffs are transported;
(f) the fixing of fees for any
matter for the purpose of carrying
out this Decree;
(g) the seizure, destruction or
disposal of infested, infected or
contaminated foods or feeding
stuffs;
(h) the sampling and testing of
foods and feeding stuffs;
(i)
the appointment of analysts for
purposes of this Decree;
(j) the compiling of a schedule of
approved insecticides for use in
the prevention of damage by pests;
(k) the composition and functions
of the Review Boards;
(l) the power of the Review Board
to condemn storage premises or
vehicles in which food or feeding
stuffs are transported;
(m) the chemical treatment of food
and feeding stuffs, storage
premises and vehicles in which
food or feeding stuffs are
transported; and
(n) any other matter for carrying
out the principles and provisions
of this Decree.
Paragraph 14—Exemption.
The provisions of this Decree and
any Regulations made thereunder
shall not be deemed to apply to
the traditional-type storage
premises used by farmers.
Paragraph 15—Interpretation.
In this Decree—
"feeding stuffs" include every
article used as feed for
livestock, poultry and
domesticated animals and every
article which ordinarily enters
into or is used in the composition
or preparation of such feed;
"food" includes every article used
for food or drink by man and every
article which ordinarily enters
into, or is used in the
composition or preparation of
human food or drink;
"storage premises" mean any
premises where food or feeding
stuffs are stored;
"vehicle" includes any ship or
other vessel used in navigation in
water or any aircraft.
Made this 10th day of May, 1968.
LT.-GEN. J. A. ANKRAH
Chairman of the National
Liberation Council
Date of Gazette Notification:
May, 1968.
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