Laws of Zambia ActivePig Industry Act
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The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia REPUBLIC OF ZAMBIA THE PIG INDUSTRY ACT CHAPTER 251 OF THE LAWS OF ZAMBIA CHAPTER 251 THE PIG INDUSTRY ACT THE PIG INDUSTRY ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II I MPOSITION AND COLLECTION OF LEVY ON PIGS 3. Application of Part II 4. Imposition of levy on pigs 5. Withdrawal or suspension of the levy 6. Establishment of Pig Levy Account 7. Disposal of the levy 8. Summary judgment for the levy in criminal proceedings 9. Recovery of the levy 10. Legal costs of Minister Pig Levy Account 7. Disposal of the levy 8. Summary judgment for the levy in criminal proceedings 9. Recovery of the levy 10. Legal costs of Minister The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART III DEVELOPMENT OF THE PIG I NDUSTRY IN Z AMBIA 11. Certain pig carcasses to be graded throughout Zambia 12. Minister may define areas in Zambia within which all carcasses to be graded 13. Duties of Government graders 14. Bacon factories to be licensed 15. Application for and issue of licences 16. Extension of licences 17. Conditions of licences PART IV G ENERAL PROVISIONS 18. Appointment of Government graders and inspectors 19. Regulations 20. Offences and penalties CHAPTER 251 PIG INDUSTRY An Act to provide for the imposition and collection of levies on pigs produced in Zambia; for the development of the pig industry and for matters incidental thereto. [1st February, 1960] 28 of 1959 15 of 1960 Act 9 of 1964 13 of 1994 Government Notices 89 of 1964 497 of 1964 Statutory Instrument 176 of 1965 PART I PRELIMINARY 1. This Act may be cited as the Pig Industry Act. Short title 2. In this Act, unless the context otherwise requires- Interpretation PART I PRELIMINARY 1. This Act may be cited as the Pig Industry Act. Short title 2. In this Act, unless the context otherwise requires- Interpretation The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia "bacon" means any part of the carcass of a pig, excluding the feet and the offal and all parts of the head except the chaps, which has been salted or smoked or salted and smoked or picked and smoked; "bacon factory" means premises where pig carcasses are dressed and cured for the making of bacon or ham for sale or for export from Zambia; "dealer" includes- (a) an auctioneer, broker, purchaser, seller or exporter of pigs or pig carcasses and a person engaged in the pig industry as defined in paragraph (b) of the definition of pig industry or in any other trade or industry in which pig carcasses are utilised or treated; and (b) a market master and a local authority; and cognate expressions shall be construed by reference, amongst other things, to transactions or operations such as are carried on by persons referred to in paragraph (a) of this definition; "Government grader" means a Government grader appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of a Government grader conferred or imposed upon him in terms of subsection (2) of that section; "ham" has the meaning assigned to bacon; "inspector" means an inspector appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of an inspector conferred or imposed upon him in terms of subsection (2) of that section; "the levy" means the levy prescribed in terms of section four; "licence" means a licence issued in terms of section fifteen; "pig carcass" means the carcass or any part of the carcass of a pig; "pig industry" includes anything and everything connected with- (a) the production, handling, treatment, processing and preparation for market or for export from Zambia of pigs and pig carcasses; and onnected with- (a) the production, handling, treatment, processing and preparation for market or for export from Zambia of pigs and pig carcasses; and The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (b) the dressing and curing of pig carcasses for the making of bacon or ham; "Pig Levy Account" means the Pig Levy Account established in terms of section six; "pig products" means pork, bacon, ham and other products for human consumption which are derived from pig carcasses; "producer" means a person who, by himself or by means of his agents or servants, produces pigs in Zambia and "produced" shall be construed accordingly; "regulation" includes an order or notice; "sell" includes to exchange or dispose of for valuable consideration and cognate expressions shall be construed accordingly. (As amended by No. 15 of 1960, G.N. No. 89 of 1964 and S.I. No. 176 of 1965) PART II I MPOSITION AND COLLECTION OF LEVY ON PIGS 3. The provisions of this Part shall not apply in relation to pigs which are- (a) obsolete; (b) produced by a producer and consumed by him, members of his household or his servants. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964 Application of Part II 4. roducer and consumed by him, members of his household or his servants. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964 Application of Part II 4. (1) Subject to the provisions of this Act, there shall be a levy at such rate as the Minister may prescribe on all pigs produced and slaughtered in Zambia. Imposition of levy on pigs (2) The Minister shall prescribe the persons who shall be responsible for the payment of the levy and the persons who shall be responsible for the collection and remittal of the levy and the manner in and the times at which the levy shall be paid, collected and remitted. (3) The levy shall be remitted to the Permanent Secretary. (4) In prescribing the matters which by this section are required or are permitted to be prescribed, the Minister may- ted to the Permanent Secretary. (4) In prescribing the matters which by this section are required or are permitted to be prescribed, the Minister may- The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (a) make different provision in respect of different classes of pigs; and (b) make no provision in respect of particular classes of pigs; and (c) obsolete; (d) provide that the levy may be collected or remitted by different methods or at different times; and (e) provide for exemptions from the levy. (5) In classifying pigs for the purposes of paragraphs (a) and (b) of subsection (4), the Minister may have regard, amongst other things, to the purposes for which or the manner or the places or areas in which pigs are produced, slaughtered, consumed or dealt in. (6) The levy shall not exceed- (a) one-quarter of one ngwee per pound dead weight; or (b) fifty ngwee in respect of any one pig. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 5. The Minister may at any time, by statutory order- (a) withdraw the levy; or (b) suspend the collection of the levy; in whole or in part. Withdrawal or suspension of the levy 6. me, by statutory order- (a) withdraw the levy; or (b) suspend the collection of the levy; in whole or in part. Withdrawal or suspension of the levy 6. On the 1st February, 1964, there shall be established in respect of the levy a special account to be known as the Pig Levy Account into which shall be paid the proceeds of the levy. (G.N. No. 89 of 1964 as amended by S.I. No. 176 of 1965) Establishment of Pig Levy Account 7. The Minister shall from time to time dispose of the amount standing to the credit of the Pig Levy Account in such manner as is in his opinion calculated to promote the development of the pig industry. (Act No. 9 of 1964) Disposal of the levy g Levy Account in such manner as is in his opinion calculated to promote the development of the pig industry. (Act No. 9 of 1964) Disposal of the levy The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 8. (1) On the conviction of a person for an offence of failing or refusing to pay or to collect, or to remit to the Permanent Secretary, the levy in terms of this Act, the court convicting the accused may, on the application of the prosecutor and, in addition to any penalty which it may inflict, give summary judgement against the accused in favour of the Minister for the amount of the levy to which the offence relates. Summary judgment for the levy in criminal proceedings (2) A judgment given by a court in terms of subsection (1) shall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 9. The Minister may, by civil action in a competent court, recover the amount of the levy which is due in terms of this Act from a person required in terms of this Act to pay the levy or to collect and remit the levy to the Permanent Secretary. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) Recovery of the levy 10. the levy or to collect and remit the levy to the Permanent Secretary. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) Recovery of the levy 10. The costs payable by the Minister in an action referred to in section nine shall be paid from the funds in the Pig Levy Account. Legal costs of Minister PART III DEVELOPMENT OF THE PIG I NDUSTRY IN Z AMBIA 11. The carcasses of all pigs slaughtered in Zambia for- (a) export or sale as carcasses; or (b) making into bacon, ham or other products for human consumption; shall be graded immediately after slaughter in accordance with the provisions of this Act. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) Certain pig carcasses to be graded throughout Zambia 12. The Minister may, by statutory notice, define areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of this Act. (As amended by No. 15 of 1960, Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965) Minister may define areas in Zambia within which all carcasses to be graded 13. 1960, Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965) Minister may define areas in Zambia within which all carcasses to be graded 13. A Government grader shall- (a) examine the quality of each pig carcass liable to be graded in accordance with the provisions of this Act; and (b) grade the pig carcass and mark the grade on the carcass in the prescribed manner. Duties of Government graders ith the provisions of this Act; and (b) grade the pig carcass and mark the grade on the carcass in the prescribed manner. Duties of Government graders The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 14. (1) No person shall use premises as a bacon factory- Bacon factories to be licensed (a) unless he holds a licence to use those premises as a bacon factory issued by the Minister; and (b) otherwise than in accordance with the conditions, if any, contained in the licence. (2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and all pig carcasses found on the premises shall be forfeited. 15. (1) An application for a licence referred to in subsection (1) of section fourteen shall be made to the Permanent Secretary in the form and in the manner prescribed. ion for a licence referred to in subsection (1) of section fourteen shall be made to the Permanent Secretary in the form and in the manner prescribed. Application for and issue of licences (2) The Minister shall issue a licence- (a) if the premises in respect of which the application for the licence is made conform with the specifications and standards prescribed by regulations providing for the matters referred to in paragraph (m) of subsection (2) of section nineteen; and (b) if, after taking into account the number of licences issued and the annual pig production in Zambia, the Minister is of the opinion that the issue of the licence will not adversely affect the development of the pig industry. (3) A licence shall, subject to the provisions of section sixteen, cease to be of force on the 31st December in the year in which it is issued. (4) A person using premises as a bacon factory immediately before the 1st February, 1960, shall for the purposes of paragraph (a) of subsection (1) of section fourteen be deemed to be the holder of a licence issued on that date. (As amended by Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965) 16. (1) Subject to the provisions of subsection (3), the Minister shall, on the application of the holder of a licence, extend the licence from year to year to the 31st December. sions of subsection (3), the Minister shall, on the application of the holder of a licence, extend the licence from year to year to the 31st December. Extension of licences (2) An application for the extension of a licence shall be made to the Permanent Secretary in the form and in the manner prescribed. nsion of licences (2) An application for the extension of a licence shall be made to the Permanent Secretary in the form and in the manner prescribed. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (3) The Minister shall not, unless he is of the opinion that there are special circumstances justifying the extension of the licence, extend a licence if the premises in respect of which the licence was issued- (a) no longer conform with the specifications and standards prescribed by regulations providing for the matters referred to in paragraph (m) of subsection (2) of section nineteen; or (b) have not been used by the holder of the licence for dressing and curing pig carcasses for the making of bacon or ham during the period of six months ending on the date application for the extension of the licence is made. (4) If the holder of a licence applies for an extension of the licence before the 31st December in any year, the licence shall be treated as being of force until the holder is notified in writing by the Permanent Secretary that the Minister has refused the application or has extended the licence. (As amended by G.N. No. 89 of 1964) 17. writing by the Permanent Secretary that the Minister has refused the application or has extended the licence. (As amended by G.N. No. 89 of 1964) 17. In issuing or extending a licence the Minister may impose such conditions, including a condition requiring the holder of the licence to dress and cure annually a maximum or a minimum number or not more than a maximum or less than a minimum number of pig carcasses for the making of bacon or ham, as in his opinion are necessary to assist the development of the pig industry in Zambia. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) Conditions of licences PART IV G ENERAL PROVISIONS 18. (1) Subject to the provisions of any written law governing the public service, the Minister may, for the purposes of this Act, appoint persons as Government graders or inspectors or as Government graders and inspectors. Appointment of Government graders and inspectors (2) With the consent of the President, the Minister may confer all or any of the powers and impose all or any of the duties of a Government grader or an inspector under this Act upon any person or class of persons in the public service or in the Zambia Police Force. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 19. ct upon any person or class of persons in the public service or in the Zambia Police Force. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 19. (1) The Minister may by regulation prescribe all matters which by this Act are required or are permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. Regulations ed to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. Regulations The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (2) Without derogation from the generality of the provisions of subsection (1), the Minister may in the exercise of the power conferred upon him by that subsection provide for- (a) the registration of producers, dealers and persons who slaughter pigs and the information to be supplied in connection with applications for registration; and (b) the keeping of books, registers and accounts, the furnishing of returns and the supply of information relating to the production and slaughter of and dealings in pigs, pig carcasses and pig products; and (c) the inspection by inspectors of- (i) pigs, pig carcasses and pig products wherever they may be; and (ii) books, registers and accounts referred to in paragraph (b); and (iii) piggeries, bacon factories, land and other premises where pigs, pig carcasses and pig products are produced, handled, treated, processed, prepared, dressed, cured, dealt in or stored; and (d) the seizure by an inspector of books, documents, pigs, pig carcasses or pig products which, in the opinion of the inspector, may afford evidence of a contravention of the provisions of this Act, and the doing of such other things as may appear to the inspector necessary for ascertaining whether compliance has been made with the provisions of this Act; and (e) the production to inspectors of licences and of books, registers and accounts, pigs, pig carcasses, and pig products referred to in paragraph (c); and (f) the manner in which the levy shall be assessed and paid and the collection of and the remittal to the Permanent Secretary of the levy, including the collection and the remittal to the Permanent Secretary of the levy by dealers and persons who slaughter pigs; and (g) the grading and marking of pig carcasses and the names and designations of the various grades; and (h) the marks to be used by Government graders and the manner of grading and marking pig carcasses; and (i) the grading, marking, packing or invoicing of pig products and the manner in which pig products shall be wrapped or packed so as to indicate the grade of pig from which they are derived; and (j) the prohibition or regulation of the sale, distribution, consignment or delivery of pig carcasses and pig products which have not been graded, marked, packed, wrapped or invoiced in accordance with regulations; and ment or delivery of pig carcasses and pig products which have not been graded, marked, packed, wrapped or invoiced in accordance with regulations; and The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (k) the form and manner in which applications for licences and extensions of licences are to be made and the information to be supplied in connection therewith; and (l) the form of licences and circumstances in which and the conditions subject to which licences shall be issued or extended; and (m) the construction, layout and equipment of bacon factories; and (n) the fixing of maximum, minimum or specified prices determined by reference to dead weight and grade or live weight and grade which shall be paid for pigs. (3) The Minister may in the exercise of the power conferred upon him by subsection (1) make different provision with respect to different classes of pigs, pig carcasses and pig products and in respect of different producers, dealers who slaughter pigs or classes of producers, and dealers who slaughter pigs. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 20. ducers, dealers who slaughter pigs or classes of producers, and dealers who slaughter pigs. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 20. A person who- (a) fails or refuses when required to do so in terms of this Act to register as a producer, dealer or person who slaughters pigs; or (b) fails or refuses to furnish a return, or to supply information in the manner and in the time prescribed, or furnishes a false or incomplete return or supplies false or incomplete information; or (c) obstructs a Government grader or inspector in the performance of his duties or the exercise of powers conferred by or under a provision of regulations or, on being directed to do so, does not produce to an inspector for inspection a licence or pigs, pig carcasses or pig products, and any books, registers or accounts relating thereto, which are in his possession or under his control; or (d) marks on a pig carcass or pig product a mark identical with a Government grader's mark, or a mark so nearly resembling a Government grader's mark as to be likely to be mistaken for it, or forges a Government grader's mark on a pig carcass or pig product graded in terms of this Act; or (e) contravenes or fails to comply with a provision of this Act or of regulations or with an order or direction made or given thereunder with which it is his duty to comply; shall be guilty of an offence and liable- (i) for a contravention of subsection (1) of section fourteen or of paragraph (d)- Offences and penalties A. shall be guilty of an offence and liable- (i) for a contravention of subsection (1) of section fourteen or of paragraph (d)- Offences and penalties A. on first conviction, to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both; and or, in default of payment, to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both; and The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia B. on the second or a subsequent conviction, to a fine not exceeding six thousand penalty units or, in default or payment, to imprisonment for a period not exceeding two years, or to such imprisonment without the option of a fine, or to both; (ii) for an offence not referred to in sub-paragraph (i)- A. on first conviction, to a fine not exceeding seven hundred and fifty penalty units or, in default of payment, to imprisonment for a period not exceeding one month, or to such imprisonment without the option of a fine, or to both; and B. on the second or a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding two months, or to such imprisonment without the option of a fine, or to both. (As amended by No. 15 of 1960 and Act No. 13 of 1994) SUBSIDIARY LEGISLATION PIG INDUSTRY CAP. 251 SECTION 5-THE PIG I NDUSTRY LEVY (W ITHDRAWAL ) O RDER Order by the Minister Statutory Instrument 59 of 1966 1. This Order may be cited as the Pig Industry Levy (Withdrawal) Order. Title 2. DRAWAL ) O RDER Order by the Minister Statutory Instrument 59 of 1966 1. This Order may be cited as the Pig Industry Levy (Withdrawal) Order. Title 2. The Levy imposed in pursuance of the Act on pigs is hereby wholly withdrawn. Withdrawal of levy SECTION 12-THE PIG I NDUSTRY (DEFINITION OF AREAS ) NOTICE Notice by the Minister Federal Government Notice 368 of 1960 Government Notice 497 of 1964 1. This Notice may be cited as the Pig Industry (Definition of Areas) Notice. Title ederal Government Notice 368 of 1960 Government Notice 497 of 1964 1. This Notice may be cited as the Pig Industry (Definition of Areas) Notice. Title The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 2. The areas within- (a) 11.2 kilometres of the Lusaka Post Office; (b) 8 kilometres of the Kitwe, Livingstone, Luanshya, Mufulira and Ndola Post Offices; are hereby defined as areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of the Pig Industry (Grading) Regulations. Definition of areas SECTION 19-THE PIG I NDUSTRY (G RADING) REGULATIONS Regulations by the Minister Federal Government Notices 138 of 1960 140 of 1961 362 of 1962 52 of 1963 285 of 1963 Government Notice 89 of 1964 Statutory Instrument 47 of 1975 Act No. 13 of 1994 1. These Regulations may be cited as the Pig Industry (Grading) Regulations. Title 2. ce 89 of 1964 Statutory Instrument 47 of 1975 Act No. 13 of 1994 1. These Regulations may be cited as the Pig Industry (Grading) Regulations. Title 2. In these Regulations, unless the context otherwise requires- Interpretation "dead weight" means cold dressed weight as determined in accordance with regulation 3; "defined area" means an area defined under section twelve of the Act; "registered exporter" means any person registered or deemed to be registered in terms of regulation 4 of the Pig Industry (Prices) Regulations; "slaughter-house" means a slaughter-house operated by a local authority, or a bacon factory. (As amended by F.G.N. No. 140 of 1961 and G.N. No. 89 of 1964) 3. The cold dressed weight of a pig carcass shall be determined by weighing the carcass within one hour of slaughter and by deducting three per centum to the nearest kilogram from the weight so obtained. Cold dressed weight 4. (1) The carcasses of pigs liable to be graded in terms of the Act shall be graded by a Government grader at a slaughter-house in accordance with the provisions of the First Schedule in one or other of the grades there specified. Grading of pig carcasses r at a slaughter-house in accordance with the provisions of the First Schedule in one or other of the grades there specified. Grading of pig carcasses The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (2) The carcasses of pigs which have been graded in terms of sub-regulation (1) shall be marked by a Government grader with a roller-mark in accordance with the provisions of the Second Schedule: Provided that- (i) the carcasses of pigs slaughtered for export from Zambia by a registered exporter; (ii) internal cuts of meat; shall not be so marked. (F.G.N. No. 140 of 1961 as amended by G.N. No. 89 of 1964) 5. A Government grader may regrade a carcass if- (a) a defect caused by- Regrading of pig carcasses (i) soft and oily fat; or (ii) fishy flavour or other taint; was not apparent when the carcass was graded; or (b) the pig was slaughtered as a casualty; or (c) in the opinion of a senior grader, the original grading was inaccurate. (F.G.N. No. 285 of 1963) 6. (b) the pig was slaughtered as a casualty; or (c) in the opinion of a senior grader, the original grading was inaccurate. (F.G.N. No. 285 of 1963) 6. No person shall sell at, distribute in or consign or deliver to any place within a defined area the carcass of any pig slaughtered in Zambia- (a) liable to be graded in terms of the Act which has not been graded and marked in accordance with the provisions of these Regulations; or (b) slaughtered outside that defined area unless it has been graded and marked in accordance with the provisions of these Regulations as though it was a pig carcass liable to be graded in terms of the Act. (F.G.N. No. 56 of 1963 as amended by G.N. No. 89 of 1964) Dealing in pig carcasses in defined areas 7. No person other than the consumer shall remove the skin of a pig carcass graded in terms of regulation 4 or interfere in any way with the marking thereon. Interference with markings on pig carcasses he skin of a pig carcass graded in terms of regulation 4 or interfere in any way with the marking thereon. Interference with markings on pig carcasses The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 8. A Government grader shall, in respect of every pig carcass graded by him in terms of regulation 4, furnish to the person who slaughtered the pig a return, in duplicate, in the form prescribed in the Third Schedule. One copy of such return shall be forwarded by the person who slaughtered the pig to the seller when payment is made and one copy shall be retained by the person who slaughtered the pig. Returns to be furnished by Government graders 9. (1) Any person whose pig carcass has been classified and graded in terms of regulation 4 and who is dissatisfied with the decision of the Government grader in regard to the classification or grading of such carcass shall, subject to the provisions of sub-regulation (2), be entitled to appeal to the Chief Animal Husbandry Officer of the Department of Agriculture against such decision. provisions of sub-regulation (2), be entitled to appeal to the Chief Animal Husbandry Officer of the Department of Agriculture against such decision. Appeals against decisions of Government graders (2) No appeal shall lie in terms of this regulation unless such person (hereinafter referred to as the appellant)- (a) notifies the Government grader on the same day as the decision in regard to the classification or grading of the carcass is given and before the carcass is removed from the place of grading, of this intention to appeal; (b) within seventy-two hours of notifying the Government grader of his intention to appeal, lodges with the Permanent Secretary a notice of appeal and a deposit in the sum of three hundred fee units. (3) An appeal lodged in terms of this regulation shall be decided by the Chief Animal Husbandry Officer of the Department of Agriculture or by a person with a special knowledge of meat grading nominated by him, and the decision of such officer or person shall be communicated to the appellant within ten days of the date on which the appeal was lodged with the Permanent Secretary. such officer or person shall be communicated to the appellant within ten days of the date on which the appeal was lodged with the Permanent Secretary. (4) If an appeal lodged in terms of this regulation- (a) is upheld, the sum of three hundred fee units deposited in respect thereof shall be refunded to the appellant; (b) is dismissed, the sum of three hundred fee units deposited in respect thereof, shall, unless the Chief Animal Husbandry Officer of the Department of Agriculture otherwise directs, be forfeited by the appellant and paid into the general revenues of the Republic in aid of the costs of the appeal. (As amended by G.N. No. 89 of 1964 and Act No. 13 of 1994) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 10. Any person who slaughters a pig, the carcass of which is liable to be graded in terms of the Act, shall- (a) institute a system of serial numbers; (b) clearly mark the pig carcass with the appropriate serial number before it is graded by a Government grader; (c) keep a record of the serial number marked on such pig carcass; (d) furnish a return to the Government grader showing, in respect of such pig carcass, the serial number marked thereon, the dead weight thereof and the name of the seller. (As amended by F.G.N. No. 140 of 1961) Serial numbers g carcass, the serial number marked thereon, the dead weight thereof and the name of the seller. (As amended by F.G.N. No. 140 of 1961) Serial numbers The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FIRST SCHEDULE (Regulation 4) CLASSES AND GRADES OF PIG CARCASSES 1. A pig carcass which weighs- (a) less than 30 kg shall be classified as an Underweight Pig; (b) not less than 30 kg and not more than 55.5 kg shall be classified as a Porker; (c) more than 55.5 kg but not more than 74.5 kg shall be classified as a Baconer; (d) more than 74.5 kg but not more than 95 kg shall be classified as a Heavy Hog; (e) over 95 kg shall be classified as a Manufacturing Pig. 2. An Underweight Pig carcass shall be graded as B Manufacturing. 3. Subject to the provisions of paragraph 4, a Porker shall be graded as follows: Grade 1-Carcass very well fleshed; side long; good depth of loin; shoulder, head and collar light; hams broad and well fleshed; back fat neither excessive nor deficient; fat reasonably white and firm; suitable fat covering over breast bone; fine bone with well sprung ribs; skin thin and smooth. Skin pigmentation may be present if it is so faint that it does not distract from the value of the carcass. Excellent all-round suitability for pork. Skin pigmentation may be present if it is so faint that it does not distract from the value of the carcass. Excellent all-round suitability for pork. Grade 2-Of good all-round suitability for pork but lacking Grade 1 standard as defined above. Grade 3-Below standard of Grade 1 or 2 on account of excessive fatness or under finish. 4. A Porker shall be Grade 3 or Manufacturing if- (a) it has faulty conformation; (b) the carcass has a fishy flavour or other taint; (c) it was before slaughter- (i) a male pig not castrated within twelve weeks of birth; (ii) a pig suffering from disease or injury rendering it unsuitable for the fresh pork trade. 5. A Baconer shall be graded as follows: Minimum Fat Maximum Fat Measurements Measurements Mid Back Shoulder Rump Mid Back Super Grade A . . 25 mm 40 mm 25 mm 15 mm Grade A . . 30 mm 45 mm 30 mm 15 mm Grade B . . 35 mm 55 mm 35 mm 15 mm 6. A Heavy Hog shall be graded as follows: Minimum Fat Maximum Fat Measurements Measurements Mid Back Shoulder Rump Mid Back Grade A . . 40 mm 60 mm 40 mm 20 mm Grade B . . 45 mm 65 mm 45 mm 20 mm Grade C . . 50 mm 70 mm 50 mm 20 mm METHOD OF DETERMINING PAYMENT GRADES Back Grade A . . 40 mm 60 mm 40 mm 20 mm Grade B . . 45 mm 65 mm 45 mm 20 mm Grade C . . 50 mm 70 mm 50 mm 20 mm METHOD OF DETERMINING PAYMENT GRADES The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 7. A Baconer which is- (a) Super Grade A on the middle of the back and Super Grade A at one other point but is one or more grades below Grade A at the remaining point shall be graded as Super Grade A; (b) Grade A on the middle of the back and either Super Grade A or Grade A at one other point shall be graded as Grade A; (c) Super Grade A, Grade A or B on the basis of carcass measurement but which has a split-back that reduces the value of the carcass, may be down-graded one or more grades according to the extent to which the value of the carcass has, in the opinion of the grader, been reduced but it shall not be graded below Grade B: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 8. below Grade B: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 8. A Baconer shall be graded as either B or Manufacturing if- (a) in the opinion of the Government grader it is unsuitable for the making of bacon on account of- (i) faulty conformation; (ii) softness or oilness; (b) it was before slaughter- (i) a male pig which has not been castrated within twelve weeks of birth; (ii) a rig pig of which the carcass is unsuitable for the making of bacon; (iii) a sow; (iv) a gilt which has reached a stage of pregnancy which renders the carcass unsuitable for the making of bacon; (v) a pig suffering from disease or injury rendering the carcass unsuitable for the making of bacon; (c) the carcass has a fishy flavour or other taint. 9. For the purpose of determining the fat measurements of a Baconer or Heavy Hog- (a) the measurements shall be taken with a standard pattern gauge approved by the Minister; (b) the mid back measurement shall be taken at the middle of the back where the fat is thinnest; (c) the shoulder measurement shall be taken at the fattest part of the shoulder; (d) the rump measurement shall be taken at the middle of the rump muscle. 10. A Baconer or Heavy Hog shall be graded according to the highest grade applicable to its measurements. l be taken at the middle of the rump muscle. 10. A Baconer or Heavy Hog shall be graded according to the highest grade applicable to its measurements. 11. A Heavy Hog which is- (a) Grade A on the middle of the back and Grade A at one other point but is one or more grades below Grade B at the remaining point shall be graded as Grade A; (b) Grade B on the middle of the back and either Grade A or B at one other point shall be graded as Grade B; (c) Grade A, B or C on the basis of carcass measurement but which has a split-back that reduces the value of the carcass, may be down-graded one or more grades according to the extent to which the value of the carcass has in the opinion of the grader, been reduced but it shall not be graded below Grade C: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 12. elow Grade C: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 12. A Heavy Hog shall be graded as either C or Manufacturing if- (a) in the opinion of the Government grader it is unsuitable for processing on account of softness or oiliness; (b) it was before slaughter- (i) a male pig which has not been castrated within twelve weeks of birth; (ii) a rig pig of which the carcass is unsuitable for processing; (iii) a gilt which has reached a stage of pregnancy which renders the carcass unsuitable for processing; (iv) a sow; (v) a pig suffering from disease or injury rendering the carcass unsuitable for processing; (c) the carcass has a fishy flavour or other taint. 13. A Manufacturing Pig shall be graded as either A, B or Inferior on the Government grader's assessment of the general appearance and quality of the carcass. 14. Any reference in this Schedule to the weight of a pig carcass shall be construed as a reference to the cold dressed weight of that carcass. (A d d b S I N 47 f 1975) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia ressed weight of that carcass. (A d d b S I N 47 f 1975) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECOND SCHEDULE (Regulation 4) ROLLER-MARKINGS FOR PIG CARCASSES Class and Grade Roller-mark Underweight Pig: Grade B Manufacturing. . . . . . . . . . . . B Manufacturing Porker: Grade 1 . . . . . . . . . . . . . . 1 Grade 2 . . . . . . . . . . . . . . 2 Grade 3 . . . . . . . . . . . . . . 3 Baconer: Super Grade A . . . . . . . . . . . . . . AA Grade A . . . . . . . . . . . . . . A Grade B . . . . . . . . . . . . . . B Manufacturing Pig: Grade A . . . . . . . . . . . . . . AMFR Grade B . . . . . . . . . . . . . . BMFR Inferior . . . . . . . . . . . . . . Inferior Heavy Hog: Grade A . . . . . . . . . . . . . . HA Grade B . . . . . . . . . . . . . . HB Grade C . . . . . . . . . . . . . . HC (As amended by S.I. No. 47 of 1975) ade A . . . . . . . . . . . . . . HA Grade B . . . . . . . . . . . . . . HB Grade C . . . . . . . . . . . . . . HC (As amended by S.I. No. 47 of 1975) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THIRD SCHEDULE (Regulation 8) PIG CARCASS GRADING RETURN (To be completed by Government Grader in triplicate) Name of Seller .......................................................................................................................................... Register No. of Seller ...................... Address .................................................................................................................................................... Number of Pigs Graded ................... .................................................................................................................................................................... Slaughtered at ................................. .................................................................................................................................................................... Date of slaughter ............................. .................................................................................................................................................................... ...................................................................................................................................................... Factory Lot No. ................................ Cold Back Fat Grades Factory Serial No. Ear No. Dressed Weight Class Rump Mid Back Shoulder Total Deductions Abbreviations: "Class Column", B = Baconer U/P = Underweight Pig H = Heavy Hogg P = Porker MFR = Manufacturing Date..................................................................., 19............ Signature of Government Grader ..................................................... (This signature confirms particulars relating only to grading) .. Signature of Government Grader ..................................................... (This signature confirms particulars relating only to grading) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECTION 19-THE PIG I NDUSTRY (POWERS OF I NSPECTORS ) REGULATIONS Regulations by the Minister Federal Government Notice 140 of 1960 Government Notice89 of1964 1. These Regulations may be cited as the Pig Industry (Powers of Inspectors) Regualtions. Title 2. An inspector may inspect- (a) any slaughter-house or bacon factory; (b) any premises where pig carcasses or pig products are sold; (c) any boarding-house, hospital, hotel, restaurant or school hostel; for the purpose of ascertaining whether any pig carcass on pig product therein has been graded and roller-marked in accordance with the Pig Industry (Grading) Regulations. (As amended by G.N. No. 89 of 1964) Inspection of premises 3. (1) An inspector may demand the production of- Production of documents (a) any bacon factory licence; (b) any book, register or account relating to the slaughter of pigs and the sale of pig carcasses and pig products. (2) An inspector may seize any licence, book, register or account referred to in sub-regulation (1). 4. nd the sale of pig carcasses and pig products. (2) An inspector may seize any licence, book, register or account referred to in sub-regulation (1). 4. When exercising any powers conferred by these Regulations, an inspector shall, if so required, produce a written authority from the Minister to exercise such powers. Written authority
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