p.47 0f 1948

vol.111 p 2056

“dealing in the course of trade” includes-

(a) Purchasing or receiving on consignment a quantity of a product or supply if that quantity is or is intended to be sold by the person purchasing or receiving that quantity, on his own behalf or on behalf of a consignor, whether in the form altered by preparation or processing or in any other form, or is used or intended to be used in the manufacture or processing of a product or commodity sold or intended to be sold by that person; and

(b) Performing, for any consideration whatsoever, an act in the preparation or processing of quantity of a product or supply if that quantity is not owned by the person performing that act;

“marketing” means selling, or the purchasing and includes any activity related thereto; and the word “marketed” shall be construed accordingly;

“Minister” means the Minister for the time being responsible for Agriculture:Top

“person” includes any company or association or body of persons, or incorporate and in particular includes any agricultural development authority established by law and any society registered under the cooperative society proclamation;

“preparation” includes classing, grading, testing, packaging, marketing, labeling, storing and transporting and grammatical variation thereof shall be constructed accordingly:

“processing” includes-

(a) Threshing and cleaning; and

(b) Slaughtering animals and separating animals into meat and by products and the words “processed” and “unprocessed” shall be construed accordingly;

“producer” includes-

(a) A person concerned in the production and preparation of a product; and

(b) In relation to any quantity of a product that has been acquired from a person-

(i) as consideration for the right to use land on which that person has produced a quantity of that; or

(ii) as a remuneration for services rendered to a producer of that product,

the person who so acquired that quantity and the words “produced” and “producing” shall be construed accordingly;

"product” means t agricultural product, including seed, livestock, poultry and a Portion or unprocessed product thereof;

“purchase” means to acquire by giving any consideration whatsoever or by exchanging; or to import, advertise, receive or prepare in pursuance of, or with the intention of, acquiring by giving consideration whatsoever or by exchanging and the words “purchasing” and “purchased” shall be construed accordingly;

“regulation” means a regulation made under this Act and includes any Notice or Order made pursuant to such a regulation;

“sell” means to dispose of any consideration whatsoever or exchange; or to import, advertise, expose, deliver or prepare pursuance of or with the intention of, acquiring by giving any consideration whatsoever or by exchanging and the word “selling” shall be construed accordingly;

“supply” means fertilizer, insecticides, herbicides, bags and other containers, livestock feeds and drugs, dips, dyes and other supplies relating to livestock and agriculture.

3. The purposes of this Act are to-

(a) ensure that each producer is paid prices which adequately reflect the value of the quantity and quality of his product in Lesotho and on external markets;

(b) improve the value of each product in Lesotho and on external markets by adequate preparation, processing and market;

(c) ensure that products sold in Lesotho are goods quality, fairly priced and Accurately represented;

(d) obtain adequate information to asses activities relating to the production, preparation, processing and marketing of production and supplies; and

(e) control and improve the exportation and importation of products and Supplies, and in particular to-

(i) ensure that exportation importation of products and supplies occurs at time, in quantities and by means most beneficial to Lesotho; and

(ii) prohibit the importation of products and suppliers which are unsafe or inappropriate for the function for which they are to be sold.Top

Power to make regulations

GN 59/1968

LN 35/1969

4. The Minister may by Notice in the Gazette make regulations for carrying out the purposes and provisions of this Act and particular, but without prejudice to the generality of the foregoing, he may make regulations to-

(a) control and improve the preparation, processing and marketing of a product and the marketing of a supply;

(b) prohibit any person from dealing in the course of trade with a product within Lesotho or within any specified geographic area in Lesotho unless he has been licensed; and in particular to provide for-

(i) procedure whereby applications for licenses shall be considered;

(ii) requirements and fees for the issue of licenses;

(iii) conditions to which licenses shall be subject;

(iv) periods of time during which licenses shall be valid; and

(v) suspension or cancellation of licenses; or

(c) prohibit any person who is dealing in the course of trade from purchasing or supply either generally or for a specified purpose unless that product or supply is prepared, processed or marketed in a specified manner and unless that product or supply is a specified quality, class or grade;

(d) prohibit-

(i) any person from selling a product, or from selling an amount of a product in excess of a specified quantity or percentage thereof to a person who is dealing in the course of trade except to or through a specified person; and

(ii) any person who is dealing in the course of trade from purchasing a product, or from purchasing an amount of a product in excess of a specified quantity or percentage thereof;

(e) prohibit any person who is dealing in the course of trade from purchasing or selling a product, whether processed or unprocessed, or a supply or an amount of that product or supply in excess of a specified quantity or percentage thereof at price other than or below or above either affixed price or a price calculated in accordance with a specified basis; and to prohibit a person from preparing or processing a product, if that product is not owned by that person, at a fee other than or below or above either a fixed fee or a fee calculated in accordance with a specified basis; and in particular to-

(i) determine the charges or cost to be included in, added to or deducted determine the charges or cost to be included in, added to or deducted quantity, for any container of the product or supply in question.

(ii) require that price or fee so fixed be displayed in a specified manner and form and at places, on vehicles and by persons as may be specified;

(iii) fix in respect of quantity of a product or supply which is required for one purpose a price or fee which differs from a price or fee fixed in respect of a quantity of that or supply acquired for any other purpose;

(iv) fix in respect of one quantity of a product or  supply a fee which differs from the price or per fixed in respect of any other quantity of that product or supply; and

(v) fix in respect of a quantity of a product or supply at one time of the year a price or fee which differs from the price or fee fixed at any other time of the year;Top

(f) prescribe-

(i) the records to be kept;

(ii) the period which those record shall be retained; and

(iii) the returns to be rendered to the Minister and the times at which and the form and manner which those returns shall be rendered, by any person producing, preparing, or processing a product or marketing a product, whether processed or unprocessed, or a supply;

(g) prohibit the importation into or exportation from Lesotho of a product, whether processed or unprocessed, or of a supply or of an amount of that product or supply in excess of a specified conditions are complied with; such condition may include a condition that the product or supply be exported or imported only-

(i)  through specified ports of exit or entry:

(ii) if that product or supply meets specified standards of preparation, processing or marketing or if it is a specified quality, class or grade;

(iii) if the importer or exporter sells or purchases that product or supply in specified quantities;

(iv) if the exporter or importer purchases consigns, sells or disposes of all or any portion of that product or supply to or through a specified person, agency or market;

(h) empower in order to carry out the provision of a regulation, a person generally or in a particular case at all reasonable hours….-

(i) to enter a place in which there is usually residing or doing business a person who is, or is suspected upon reasonable grounds to be, a person producing, preparing, processing or dealing in the course of trade with a supply; or a place or vehicle in or upon which there is kept, or is suspected upon reasonable grounds to be kept, a quantity of a product supply by a person for a purpose other than consumption by the owner of the product or supply or by members of his households;

(ii) to inspect that product or supply, to ascertain the quantity and quality thereof, and to examine all books and documents at that place or in or upon that vehicle which are believed upon reasonable grounds to relate to that product or supply and to make copies of or take extracts from those books and document;

(iii) to demand from the owner or custodian of that product or supply information concerning the product or supply;

(iv) to demand from the owner or custodian of that product or supply information concerning the product or supply;

(v) to seize a book, document or article which may afford evidence of the commission of an offence under this Act or regulation, or quantity of a product or supply in respect of which an offence is suspected upon reasonable grounds to have been committed, and to remove from the place or vehicle in question or to leave at the place or on that vehicle a book, document, article or quantity of a product or supply or on container thereof, any identification mark which he may consider necessary; and

to take samples of that product or supply including a quantity of a product or supply which has been seized in terms of sub-paragraph (v), and examine, test or grade those samples or cause them to be examined, tested or graded;Top