cap 265 act

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1 Markets and Slaughter-Houses CAP. 265

CHAPTER 265

MARKETS AN D SLAUGHTER-HO USES

ARRAN GEMENT OF SECTIONS

SECTION

1. Sho rt title.

PART I

Preliminary2. Interpretation.

PART II

Public Markets

3. Establishm ent, etc., of pu blic ma rkets.

4. Public m arkets to be held only in app ointed places.

5. Pow er to mak e char ges for use of stalls, etc.

6. Assau lting or obstru cting officer collecting du es.

7. Disorderly behaviour in pu blic market.

8. Powers of removal and arrest.

PART III

Sale of Fresh Meat

9. Fresh m eat to be sold only in ma rket or licensed pr emises.

10. Selling in pu blic market mea t not slaugh tered in a pu blic or licensedslaughter-house or not examined.

11. Licence to salesmen of fresh mea t.

PART IV

Slaughter-Houses

12. Provision of slaugh ter-hou ses.

13. Slaughtering elsewh ere than in a pu blic or licensed slaughter-house.

14. Licensed slaugh ter-hou ses.

15. Onu s of pr oof.

16. Saving.

THE LAWS OFBARBADOS

Pr in ted in Eng land by Eyre and Spo t t i swoo de L imi ted , I Scr. enn t s Inn , London ECq .

b v a u t h o r i t y o f t h e G o v e r n m e n t o f B a r b a d o s

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CAP. 265 Markets and Slaughter-Houses 2

PART V

Cold Stores17. Provision of cold stores.

18. Cold stores to be licensed .

19. Using un licensed cold store.

PART VI

Licensing of Butchers

20. Licensin g of bu tcher .

2 1. Exercising calling of butcher with out licence.

PART VII

Regulation of Sale of Marketable Commodities and Other GooL

22. Selling marketa ble comm od ities and other goods w ithin pr escribedareas.

23. Certain sales exclud ed from oper ation of section 22.

24. Pow er to issue perm its allowing the sale of goods within pr escribedareas.

PART VIII

Miscellaneous

25. Pow er to seize and destroy tainted or un wh olesome fresh meat , fishand poultry.

26. Regulations.

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3 M arkets and Slaughter-Houses CAP. 265 ss. 1-2

CHAPTER 265

MARKETS AN D SLAUGH TER-HOUSES

An Act to make provisionfor the establishment and management ojpublic markets and slaughter-houses and the prouisionof coldstores andfor matters incidental thereto and connected therewith.

[13th Septem ber, 19581

1. This Act may be cited as the Markets and Slaughter-houses Act.

PART I

Preliminary

2. For the pu rp oses of this Act, the expression-

cold store mean s any prem ises or place used for keeping

and preserving by a refrigerating pr ocess any fresh meat,pou ltry, fish, vegetables or other articles intend ed for thefood of man;

fresh meat m eans m eat of any cattle, sheep, goat, p ig ortur tle, slaug htered for sale and includ es imp orted freshmeat w hether frozen or not;

mar ketable comm odities mean s p oultry, eggs, fresh m eat,fish, groun d pr ovisions, vegetables and fruit;

Minister m eans the Minister respon sible for Marketing;

19X3-15.1959-41.196449.

k&. lS8

C t J m m e n C e -

ment.

Short title.

Inter-pretation.

pu blic m arket means any place app ointed a pu blic marketby the Minister for the sale of m arketable comm oditiesand includes all bu ild ings, w orks, sheds, covered and openspaces and ground s comp rised within the place so ap-pointed ;

City of Bridg etown mean s th e City of Bridgetown as cap. 107.defined in the Local Gov ernm ent Act;

qu alified pu blic h ealth inspector mean s an inspector w ho

THE LAW S OF BARBADO S

Pr in ted in Eng land by Eyre and Spa t t i swoade L imi ted , 2 Ser jmn ts Inn , London EC4,

by au thor i ty o f the Governm ent o f Barbados

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ss.3-5 CAP. 265 Markets and Slaughter-Houses 4

Establish-ment, etc., ofpubhcmarkets.

Publicmarkets tobe held onlyin appointedplaces.

Power tomakecharges foruse of stalls,etc.

196449.

possesses the certificate of the Royal Society for the Promo-tion of H ealth for inspectors of meat and oth er food s;

slaughter-hou se means any premises used in connectionw ith the slaugh tering of anim als the meat of w hich isintend ed for hum an consum ption.

PART II

Public Markets

3. It shall be lawful for the Minister to establish, ma intain,man age and regu late pu blic m arkets for the sale of mar ketablecomm odities therein and to provid e all such matters and thingsas may be necessary for the conven ient use of such m arkets.

/

4. (1) It shall n ot be lawful for any person to hold anyp ub lic m arket for the sale of mar ketable commod ities in anyplace not being a pu blic market established un der t his Act,u nless licensed by the Chief Su per visor as hereinafter pr ovided .

(2) The Chief Sup ervisor may grant to any person a licenceto establish and use at any place a mar ket for the sale thereatof mar ketable commod ities and such licence sh all be granted

up on such terms an d cond itions as may be prescribed.

(3) Every person w ho contraven es subsection (1) shall beliable on conviction by a court of sum mar y ju risdiction to afine of one hund red dollars.

5. (1) It shall be lawful for the Chief Sup ervisor to d emandand take from every person-

(a) occup ying or using any stall, stand , table, shed or placein any pu blic market; or

(b) bringing into any such mar ket any mar ketable corn-mod ities or any article or thing w hich th e Minister mayperm it to be sold therein; or

(c) using any weighing or measuring instrum ent providedand kept in any such market,

such stallages, rents, tolls and charges as may be pr escribed.

(2) The several stallages, rents, tolls and charges pa yable

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5 Markets and Slaughter-Houses CAP. 265 ss.6-8

in respect of any pu blic mar ket or w eighing or measu ringinstrum ents shall be paid at such times and in such mann er asmay be prescribed to the Chief Sup ervisor or other persond uly auth orised to receive the same.

(3) Where any person liable for the paym ent of any stallage,rent, toll or charge does not pay the same on dem and by theChief Sup ervisor or other p erson du ly auth orised to receivethe same, the Chief Sup ervisor or other p erson d uly auth orisedmay recover the same by d istress an d sale of a sufficient par tof any mar ketable comm odities in the mar ket w hich belongto the person liable to pay for the same or such stallage, rent,toll or charge may be recovered as a debt in any court.

(4) For the pu rp ose of recovering any sum du e un d er thepreceding subsections, any action or other proceeding may bebrough t in the nam e of the Chief Sup ervisor or other personduly authorised.

6. Any person w ho assaults or obstructs the Chief Su perv isor Assaultingor any officer or servant (whether a pu blic officer or otherw ise) ~~go~~~or other p erson du ly auth orised to receive any stallage, rent, officer-toll or charge paya ble in respect of a pu blic mar ket or any rU!ctm sperson emp loyed to superintend such market or to keep ordertherein , w hilst in the execution of his du ty, shall be liable onconviction by a court of sum m ary ju risd iction to a fine of fiftyd ollars or to imp risonment for six m onths.

7. Any person in a pu blic market who behav es in a d is- ;fisV!~;inord erly or offensive m anner or wh o miscond ucts himself shall pU blicbe gu ilty of an offence and sh all be liable on conviction by a market.court of sum ma ry jur isdiction to a fine of twen ty-five d ollars.

8. The Chief Sup ervisor or other per son in charge of any ;x+JM~o;~~pu blic m arket, any police or par ish constable or other p ersondu ly authorised may remove from any market any person who arrestin the mar ket behaves in a disord erly or offensive m anner orw ho m iscondu cts himself or may arrest such person w ithout aw arrant and take him to the nearest police station to be d ealtw ith in du e course of law.

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Fresh meatto be soldonly inmarket orlicensedpremises.

Selling inthe publicmarket meat

notslaughteredin a publicor licensedslaughter-house or notexamined.

Licence tosalesmen offresh meat.

PART III

Sale of Fresh M&at

9. (1) N o person shall sell or offer or expose for sale anyfresh m eat except in a pu blic market or in such shops orp remises as are licensed by the Chief Sup ervisor in that behalf.

(2) Any person w ho contraven es subsection (1) shall begu ilty of an offence and sh all be liable on conviction by acourt of sum mary jurisdiction to a fine of one hu nd red dollars.

(3) The Chief Sup ervisor may grant to any per son a licenceto sell or offer or expose for sale fresh m eat at any p remises

other than in a pu blic market, and any such licence shall begranted in respect of such prem ises and up on paym ent of suchsum s and u pon such terms and cond itions as may be prescribed :

Provid ed that no fees shall be pa yable for such licencewh ere such prem ises are licensed as a slaugh ter-hou se inaccord ance with section 14.

I

10. (1) Any person who-

(a) sells or offers or exposes for sale in a public market freshmeat (other than imported meat) of any animal un lesssuch animal w as slaugh tered in a pu blic slaugh ter-hou seor in a slaugh ter-house licensed in accord ance with thisAct; or

(b) sells or offers or exposes for sale in a pu blic market freshmeat of any animal un less it was examined and passedas fit for hu man consump tion by the Chief Sup ervisoror a du ly authorised officer,

shall be guilty of an offence and shall be liable on conviction

by a court of sum mary jurisdiction to a fine of one hund reddollars or to imp risonm ent for six mon ths. f

11. (1) Any person wh o, whether own er of the fresh meator not, p lies or acts as vend or of fresh m eat at any st all, stand ,shed, table or place in any pu blic market withou t having alicence so to do shall be gu ilty of an offence and shall be liableon conviction by a court of sum mary ju risdiction to a fine offifty dollars.

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7 Markets and Slaughter-Houses CAP. 265 ~12-14

(2) The Chief S u p ervisor m ay gran t a licence to any personto ply or act as vend or of fresh m eat in a p ublic m arket up on

paym ent of such fee and up on such terms and conditions asmay be pr escribed.

PART IV

Slaughter-Houses

12. The Minister may pr ovide slaughter-houses and such Provision fplant, m achinery or app aratu s as m ay be necessary for treating ~~~~~~-or d isposing of w aste matter or refuse resulting from theslau ghtering of anima ls therein.

13. (1) Every person w ho in the City of Bridgetow n or Slaughteringw ithin five m iles of any pu blic or licensed slaughter-house ~&~~~~.slaughters any animal mtend ed for the food of man elsewh ere public orthan at a pu blic slaugh ter-hou se or licensed slau ghter-house Fa$&-shall be liable on conviction by a court of sum m ary jur isdiction house.to a fine of fifty dollars. 1964-49.

(2) Every person w ho sells or offers o r exposes for sale in lgs,the City of Bridgetown or w ithin five m iles of any p u blic orlicensed slaug hter-house fresh m eat of any anima l (other thanimp orted fresh meat) not slaug htered at a pu blic slaughter-hou se or a licensed slaughter-house shall be liable on convictionby a court of sum m ary jur isdiction to a fine of one hu nd reddollars.

(3) For the pu rposes of subsections (1) and (2) theexpression anima l means any bu ll, cow, ox, calf, pig, sheepor goat.

14. (1) Except as otherw ise pr ovided , every person wh o Licenseduses or keeps for use any place for the slaug htering of anima ls tzrFF-for fresh meat sha ll ap p ly to the Chief Su pervisor for a licence in the prescribed m anner.

(2) The Chief Sup ervisor sha ll inspect or cause to beinspected the prem ises to be used and if he is satisfied that theprem ises are suitable as a place for the slaughter of anim als forfresh m eat, he may issue a licence on paym ent of the prescribed

THE LAWS OF BARBADO S

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Onus ofproof.

Saving.

196449.

Provision ofcold stores.

Cold storesto belicensed.

Using un-licensedcold store.

fee and su bject to such terms and conditions as may be pre-scribed.

(3) Every per son who contrav enes sub section (1) shall begu ilty of an offence and sh all be liable on conviction by acourt of sum mary jur isd iction to a fine of one hu nd red d ollars.

15. In any prosecut ion for an offence un der this Act, theonu s of pr oving that fresh meat (other than imp orted freshmeat) sold or offered or exposed for sale was obtained from ananimal slaughtered at the pu blic slaughter-house or at a licensedslaugh ter-hou se, shall lie on the accused .

/

16. N othing in this Act shall preven t the slaugh ter by or onbehalf of any p erson withou t a licence of any pig, sheep or goatreared by himself and the sale of the m eat of such p ig, sheep orgoat:

Provided that such m eat shall not be exposed for sale in apu blic mark et or in prem ises licensed in accord ance with section9 or at any p lace in the City of Bridgetow n or w ithin five milesfrom a pu blic slaugh ter-hou se or licensed slaug hter-house.

PART V

Cold Stores

17. The Minister may p rovide such cold stores at such placesas he may determ ine.

18. It shall not be law ful for any p erson to use any p remisesor place as a cold store for the p urp ose of keeping and preserving

fresh m eat, fish or pou ltry for the pur poses of sale w ithout firsthav ing obtained a licence from the Chief Supervisor for that 7purpose.

19. Any p erson wh o uses or perm its to be used any p remisesor places as a cold store for the pu rpose of keeping and preserv-ing fresh m eat, fish or pou ltry for the pu rp oses of sale w ithouthav ing first obtained a licence for that pu rp ose shall be liableon conviction by a court of sum mary jur isd iction to a fine offive hu nd red d ollars.

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9 Markets and Slaughter-Houses CAP. 265 ss.20-21

PART VI

Licensing of Butchers20. (1) Every person d esirous of exercising the trad e or Licensing of

calling of a butcher by buying and slaughtering anima ls for butcher*sale shall ap p ly to the Chief Supervisor for a licence for thatpu rpose and shall prod uce evidence satisfactory to the ChiefSup ervisor that he is a fit and pr oper person to carry on suchtrade.

(2) Every licence shall be issued by the Chief Sup ervisorin the form prescribed and up on paym ent of the prescribed fee.

(3) A licence un der this section may relate to the killingand selling of anima ls at a pu blic slaug hter-house or at aslaug hter-house licensed in accord ance w ith this Act.

(4) Every person licensed as a butcher shall prod uce hislicence wh en required so to do by any police or par ish constable,the Chief Supervisor or any du ly au thor ised officer, any Justiceof the Peace or any person to whom meat is offered for sale ifso requested by that p erson.

(5) An ap p licant for a licence und er this section who is d is-satisfied w ith the d ecision of the Chief Sup ervisor may ap pealto the Minister w hose decision shall be fina l.

(6) Every licence sha ll expire on the 30th Jun e next.

21. (1) Any p erson w ho exercises the trad e or calling of a Exercisingbutcher by buying and slaughtering anima ls for sale w ithout ~$~~rofhaving a licence as pr ovided by this Part shall be gu ilty of an y;cc~!offence and liable on conviction by a court of sum mary ju ris- d iction to a fine of fifty d ollars.

(2) Any per son who exercises the trade or calling of a butcheras aforesaid wh o fails or refuses to prod uce his licence wh enrequested by the police or par ish constable or by the ChiefSup ervisor or any duly authorised officer or any Justice of thePeace or any other p erson m entioned in subsection (4) ofsection 20 sha ll be liable on conviction by a court of sum maryju risd iction to a fine of fifty dollars.

(3) Any person who forges or falsifies an y licence issued by

THE LAW S OF BARBADO S

Pr in ted in Eng land by Eyre and Spo t t i swaode L imi ted , 1 Ser jean t s Inn , London EC&


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ss.22 10

Sellingmarketablecommoditiesand othergoods withinprescribedareas.

1959-41.

Certain salesexcludedfrom theoperation ofsection 22

1959111.

Cap. 356.

the Chief Supervisor shall be gu ilty of an offence and liable onconviction by a court of sum mary jur isdiction to a fine of two

hun dred dollars or to imprisonm ent for six months.

PART VII

Regulation of Sale of Marketable Comm odities and OtherGoods

22. (1) Subject to section 23, no person shall sell or offer orexpose for sale any ma rketable comm odities or any goods,w ares or m erchand ise in the d oorway or entrance to anybuilding or on the pav ements or sidewalks of any street, lane,

alley or road w hich is situa te w ithin the lim its of such area asmay be prescribed for the pu rposes of this section and , subjectas aforesaid, no person sha ll sell or offer or expose for sale anyma rketable comm odities or any goods, wa res or merchand ise inany part of any public place, w hether a street, lane, alley, roador other pu blic place, w ithin the limits of any such area.

(2) Any per son w ho contrav enes subsection (1) shall begu ilty of an offence and shall be liable on conv iction by acourt of sum m ary ju risd iction to a fine of fifty d ollars.

23. (1) N othing in section 22 shall app ly to or be constru edso as to rend er un lawful the carrying of any marketable com-m odities, goods, wares or merchand ise from place to place forthe pu rp ose of sale w ithin any area prescribed for the pu rposesof that section.

(2) N othing in section 22 sha ll ap p ly to or be constru ed soas to rend er un lawful the d isposal by sale in accord ance w iththe pr ovisions of any law relating to haw kers, ped lars oritineran t vend ors of any ma rketable com mod ities, goods, w aresor merchand ise at any hou se or building situa te w ithin anyarea p rescribed for the pu rp oses of that section.

(3) N othing in section 22 shall app ly to or be construed soas to rend er un lawful the sale, offering or exposure for sale ofany m arketable comm odities, goods, w ares or m erchand ise inany shop as defined in the Shops A ct or in any pu blic mark etor at any bazaar held for charitable, religious or pu blic p urp osesw ithin any area prescribed for the pu rposes of that section.

(4) N othing in section 22 shall apply to or be constru ed so

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11 Markets and Slaughter-Houses CAP. 265 s.24

as to rend er un lawful the sale, offering or exposure for saleof any ma rketable comm odities, goods, w ares or m erchand isein the door-way or entrance to any bu ild ing situate w ithin anyarea p rescribed for the pu rp oses of that section in any casew here the vend or thereof first obtains tle perm ission of theown er or occup ier of such building to s 11, offer or expose thesame for sale and so cond ucts his business as not to occup y anypart of any p avement, sidew alk, street, lane, alley or roadsitua te w ithin such area or to cause obstruction to any personlawfully u sing such pav ement, sid ewalk, street, lane, alley orroad.

(5) N othing in section 22 sha ll ap p ly to or be constru ed so

as to rend er un lawful the sale, offering or exposure for saleof any perm itted ma rketable comm odities or any perm ittedgoods, w ares or m erchand ise as defined in section 24, in anypar t of any pu blic place, wh ether a pav ement, sidewalk, street,lane, alley, road or other p ub lic place w ithin any area pre-scribed for the pu rp oses of section 22, by any p erson to w homa perm it is issued in accord ance w ith section 24 and w ho sells,offers or exposes the same for sale at the place and in accord-ance with the terms an d cond itions specified in the perm it soissued to him.

24. (1) Every person d esirous of being issued a per mit Power toau thor ising him to sell, offer or expose for sale in any p art of $~W~$~a pu blic place, w hether a pa vem ent, sidew alk, street, lane, z;;h;;good salley, road or other p ublic place, w ithin an area prescribed for pr escribedthe pu rp oses of section 22, any perm itted ma rketable corn- areas.mod ities or any perm itted goods, wa res or merchand ise shall 1959~1.make app lication therefor to the Chief Sup ervisor and shallpr od uce evidence to the satisfaction of the Chief Supervisoras to his good character.

(2) Every p erm it mentioned in subsection (1) sha ll be issued 1964-49.

by the Chief Sup ervisor in the form p rescribed and up on pay-men t of the prescribed fee and shall be valid for such p eriodas may be specified therein, not, however, exceeding one yearfrom the d ate of issue thereof:

Provided that any such perm it may be cancelled by theChief Sup ervisor up on the conviction of the holder thereof ofan offence un der section 22.

THE LAWS O F BARBADOS

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s.25 CAP. 265 Markets and Slaughter-Houses 12

1964-49. (3) Before issu ing any perm it m entioned in subsection (1)the Chief Sup ervisor shall first consult the Comm issioner ofPolice and shall cause the pa rticular pa rt of the pu blic placeto w hich it is prop osed that the perm it shall on issue relate tobe defined by lines painted on the ground or by studs embeddedin the ground or in such other mann er as he thinks fit and anu mber or letter to be mar ked w ithin su ch place in suchman ner as he thinks fit.

(4) Every person to wh om a perm it is issued u nd er sub-section (2) shall prod uce his perm it wh en requ ired so to do byany police or pa rish constable, the Chief Sup ervisor or anyofficer d uly au thorised by the Chief Sup ervisor.

(5) An ap plicant for a perm it m entioned in subsection (1)w ho is d issatisfied by a refusal of the Ch ief Sup ervisor to grantthe same may ap peal to the Minister w hose decision shall befinal.

(6) For the pu rposes of this section and of any regulations,the expression-

(a) perm itted m arketable comm odities m eans suchm arketable comm od ities as are specified in a perm itissued und er subsection (2) but shall not includ e eitherfresh meat or fish ; and

(b) perm itted goods , perm itted w ares or perm ittedmerchandise means such goods,as are specified in a perm it ksued

PART VIII

wares or meichandiseun der subsection (2).

Miscellaneous

Power to

seize and25. (1) The Chief Su pervisor or any officer d u ly au thor ised

destroy may seize any tainted or un w holesome fresh meat o r fish ortainted orunwhole-

pou ltry w hich is for sale or offered or exposed for sale in any

some fresh market.meat, fishand poultry. (2) Any fresh meat or fish or pou ltry so seized may, sub ject

to this section, be destroyed in such m anner as the ChiefSup ervisor or any du ly au thorised officer shall determ ine.

(3) Before any su ch fresh m eat or fish or pou ltry is destroyedin accord ance w ith subsection (2), the own er may request the

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13 Markets and Slaughter-Houses CAP. 265 s.26

Chief Supervisor or duly au thor ised officer to have such freshmeat or fish or pou ltry examined by a qualified veterinary

officer or qu alified pu blic health inspector in the p resence ofthe own er and pron oun ce up on its fitness or otherwise.

(4) Where such fresh meat or fish or poultry is not foundtainted or un w holesome by the veterinary officer or inspector,as the case may be, it shall be returned to the owner, but inany other case it shall be destroyed .

(5) Any per son who in any m arket sells or offers or exposesfor sale any tainted or un wh olesome fresh meat or fish orpou ltry shall be gu ilty of an offence and shall be liable onronr;tion by a court of sum mary jur isdiction to a fine of fifty

26. (1) The Minister may make regu lations for all or any Regulations.of the follow ing pu rp oses, that is to say-

(4(b)

(4

(4(4

(fl

k>

@ )

for regulating the use of markets and market buildings;

for prescribing, and regulating the pattern, descriptionand use of, weighing or measur ing instrum ents to beused by persons selling mar ketable comm odities in anymarket ;

for preventing nu isances and obstructions in marketsand for maintaining cleanliness therein and on theapproaches thereto;

for prescribing the goods that may be sold in any market;

for fixing, regu lating and collecting stallages, rents, tollsand charges and the paym ent and collection thereof inany pu blic market;

for the inspection and examina tion of ma rketable com-modities sold or offered for sale in any m arket;

for fixing the days and hou rs d uring each day on wh ichany market may be opened and for preventing the saleand pu rchase of mar ketable comm odities in any marketon any day or at any times except as fixed;

for p rescribing the cond itions subject to w hich theseveral stalls, stand s, tables, shed s or places in any

T H E L AW S O F B A R BA D O S

Pr in ted in Eng lan d by Ewe and Spo t t i swoa de L imi ted , I Se r jean t s Inn , London ECq ,

b y a u t h o r i t y o f t h e G o v e r n m e n t o f B a r b a d o s

Law s o f Barbados -Vol . V-Sig . 10

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s.26 CAP. 265 Markets and Slaughter-Houses 14

pu blic market shall be held, occupied or used by personshaving or using the same;

(i) for imp osing on any per son hav ing or using an y stall,stand, table, shed or place in any market the du ty oftaking steps and using such means for protecting fromcontamina tion any articles of food offered or exposedfor sale in any market;

(j) for ma intaining ord er and pr eventing d isturban ces in apublic market;

(k) for excluding or removing from public markets anyperson suffering from any infectious or contagious d isease ;

195941. (2) for pr escribing any area w ithin w hich section 22 shall,subject to section 23, ap p ly;

(112) for the inspection and licensing of slaugh ter-houses;

(n) for the licensing of bu tchers and th eir med ical examina-tion;

(0) for the inspection and exam ma tion of anim als forslaugh ter at slaugh ter-hou ses;

(p) for the inspection and licensing of cold stores;

(q) for regu lating the sale of fresh meat from cold stores; and

\r) generally for the management, government and use ofmar kets, slaugh ter-houses and cold stores and for carry-ing into effect this Act.

(2) All regu lations shall be subject to negative resolution.

cap 265 act

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