Legal Document

Title: Legal Notice No. 241 - Agricultural Marketing Products
Type: Notification
Issuing Agency: National Assembly
Responsible Agency: Ministry of Agriculture and Food Security
Issuing Date: 02-10-1992



VOLUME: XXXVII                                    Monday -2nd October , 1992                                    No.115




               No.                                                                                                                                           page


                                                                                 Legal notice

241             agricultural marketing (distribution of dairy products) ………… 1171

                     regulations, 1992    

 Legal notice no. 241 of 1992

 Agricultural marketing

 (Distribution of Dairy Products) regulations, 1992

 Arrangement of regulations


                                                                     Part I – preliminary

1. Citation and commencement

2. Interpretation

                                                                  Part II - permits

3. Permits to distribute or deal in dairy products

4. Application for permit to deal in or distribute dairy products

5. Monthly returns and fees

                                                                Part III –offenses and penalties

6. Confiscation and seizure

7. Penalties

8. Exemptions

9. Repeals 


    First Schedule –Application Form

    Second Schedule –Permit Form

    Third Schedule –Exemptions

 Legal Notice no 241 of 1992

 Agricultural Marketing

 (Distribution of Dairy Products) Regulations, 1992

In exercise of the powers conferred on me by section 4 of the agricultural marketing act 1967, read with 6 of the Lesotho National Dairy Board Regulations 1991

                                                                                                                                    Major General James Lebitso Dingiswayo

 Minister of Agriculture make the following regulations

 Part I –Preliminary 

Citation and commencement
1. These regulations may be cited as the agricultural marketing
(distribution of dairy products) regulations, 1992 and shall come into
operation on the date of publication in the gazette.
2. (1) In these regulations unless the context otherwise requires ,
“Board” mean the Lesotho Dairy Board established under the
Agricultural Marketing (Establishment of the a Lesotho National Dairy
Board) regulations 1991;
“Milk” has the same meaning assigned to it in the Agricultural
Marketing (Establishment of the a Lesotho National Dairy Board)
regulations 1991;
“Minister” means minister responsible for Agriculture.
(2) words not specified defined in this regulation shall ha the same meaning assigned to them in the Agricultural Marketing(Establishment of the a Lesotho National Dairy Board) regulations 1991;Top

Part II –Permits

Permit to deal in dairy products

3. (1) Subject to regulations 8, all persons wishing to deal in, distribute, import or bring dairy products into Lesotho shall only do so when in possession of a permit issued by the Lesotho National Dairy Board.

(2) Subject to regulations 8, a levy 0f 2⅟2% of the invoice value of any imported dairy products shall be charged on those imported dairy products.

(3) No person shall export or remove or remove any dairy products from Lesotho unless he is authorized to do so under the permit issued by the Lesotho National Dairy Board.

(4) The permit referred to in this regulation shall be as set out in the second Schedule.Top

Application to deal in or ….

4. (1) Application for permits referred to this regulation 3 shall be made in the form prescribed in the first Schedule and forwarded to the Lesotho National Dairy Board for consideration

(2) The Board, in considering the applications referred to sub-regulations (1), shall take into account such factors as fitness for consumption, quality and adequacy of supply in Lesotho.

(3) Applicants whose applications have been rejected by the board shall be notified by writing.

(4) Any person who is dissatisfied with the decision of the board in connection with any matter relating to his application for permit may, within 30 days of receiving the notification under sub-regulation (3), appeal to the minister against the decision, the board and the minister may, after considering the appeal, confirm, set aside or vary the decision, as may deem fit. The decision of the minister shall be final.

Monthly refunds and fees
5. (1) Any person issued with a permit under regulations 3 shall,
(a) Submit his invoice or copies to thereof to the board within 10 days after the end of each calendar month;
(b) Submit a monthly report of his import and export quantities and buying and selling prices.
(2) Any fees payable in respect of a permit issued under these regulations shall be paid in to the funds of the Board.
(3) Any person who fails to comply with the requirements of sub-regulation (1) commits an offence and on conviction, in addition to any other penalty, the court may impose, his permit shall be withdrawn.Top

Part III –offences

Confiscation and Seizure

6. (1)Any illegally imported dairy products shall be confiscated by customs officer in accordance with the Customs and Excise act 1982.

(2) Any illegally imported dairy products may be seized by an officer charged with carrying out inspectorate work in traders’ shops or wholesalers’ stores.

penalties 7. Any person who contravenes or fails to comply with those regulations shall be guilty of an offence and on conviction shall be liable to a fine not exceeding M400.00 or to imprisonment for 6 months or both; and on a second or subsequent conviction to a fine not exceeding M2000.00 or imprisonment for 2 years or both.
Exemptions 8. These regulations shall not apply to the dairy products listed in the third schedule
Repeals 9. The Agricultural Marketing (Milk Control) regulations 19885 are appliedTop


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