CHAPTER 228
COFFEE ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
COFFEE BOARD OF ZAMBIA

   3.   Establishment of Board

   4.   Composition of Board

   5.   Filling of casual vacancy

   6.   Secretary

   7.   Functions of Board

   8.   Seal of Board

   9.   Proceedings of Board

   10.   Disclosure of interest

   11.   Immunity

   12.   Prohibition of publication or disclosure of information to unauthorised persons

   13.   Coffee Licensing Committee

   14.   Functions of the Coffee Licensing Committee

   15.   Appeals Classification Committee

   16.   Functions of the Appeals Classification Committee

PART III
PRODUCTION, CURING, CLASSIFICATION, MARKETING AND EXPORT OF COFFEE

   17.   Arabica Coffee to be grown in Zambia

   18.   Functions of Association

   19.   Prohibition on growing or curing coffee without a certificate

   20.   Certificates

   21.   Application for, renewal and refusal of, certificates

   22.   Application for certificates by co-operative society

   23.   Conditions of certificates

   24.   Register of land planted with coffee, coffee growers and registered curing establishment owners

   25.   Curing of coffee

   26.   Classification of coffee

   27.   Appeals against classification

   28.   Coffee to be delivered to Association

   29.   Export of coffee

PART IV
DISTINGUISHING MARKS

   30.   Approval of distinguishing mark

   31.   Registration of distinguishing mark

   32.   Refusal to approve distinguishing mark

   33.   Register of distinguishing marks

   34.   Use of distinguishing marks

   35.   Marking of receptacle

PART V
LICENSING

   36.   Prohibition in dealing in coffee without a license

   37.   Licenses

   38.   Applications for, renewal and refusal of, licenses

   39.   Conditions of licenses

   40.   Register to be kept by license holder

   41.   Cancellation of licenses

   42.   Licenses held by co-operative society

   43.   Appeals relating to licenses

PART VI
FINANCE

   44.   Levies

   45.   Coffee Pool Fund

   46.   Power to borrow on security of Coffee Pool Fund

   47.   Financial year

   48.   Accounts

   49.   Audit of accounts

   50.   Annual report

PART VII
MISCELLANEOUS

   51.   Inspectors

   52.   Powers of inspectors and police officers

   53.   Inspection of records of Association

   54.   Cancellation of certificate or license by court order

   55.   General penalty

   56.   Regulations

AN ACT

to establish the Coffee Board of Zambia; to define the functions and powers of the Coffee Board of Zambia and those of the Zambia Coffee Growers Association Limited; to regulate the coffee industry; to control the production and marketing of coffee; and to provide for matters connected with or incidental to the foregoing.

[29th December, 1989]

Act 24 of 1989,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Coffee Act.

2.   Interpretation

In this Act unless the context otherwise requires—

“Appeals Classification Committee” means the body constituted by section 15;

“Association” means the Zambia Coffee Growers Association Limited, a company limited by guarantee and registered under the Companies Act;

“Board” means the Coffee Board of Zambia established by section 3;

“Chairman” means the person designated chairman of the Board under section 4;

“cherry” means the fresh fruit of the coffee tree;

“classified coffee” means coffee which has been classified by the Association under section 26;

“coffee” means the commodity derived from the fruit of the rubiaceous plant known as the coffee tree, and includes cherry, dried cherry, parchment coffee, cured coffee, roasted coffee and prepared coffee;

“Coffee Licensing Committee” means the Committee constituted under section13;

“Committee” means the Coffee Licensing Committee or the Appeals Classification Committee as the case may be;

“crop year” means the period from the 1st April to the 31st March of the following year unless otherwise changed by the Board;

“cured coffee” means coffee beans after removal of dried cherry skin or parchment skin and “cleaning”, “clean coffee” or “green coffee” shall be construed accordingly;

“curing” means the process of removing dried cherry skin or parchment skin by mechanical means, for commercial purposes, and “cured” shall be construed accordingly;

“curing establishment” means any place where dried cherry or parchment coffee is cured;

“depulping” means the process of removing the cherry skin by mechanical means and “depulp” shall be construed accordingly;

“dried cherry” means the fruit of the coffee tree dried whole and not depulped;

“license holder” means a person holding a license issued under section 37;

“member” means a member of the Board;

“parchment coffee” means coffee after depulping but before curing;

“prepared coffee” means coffee which is brewed for commercial purposes;

“registered coffee grower” means a person holding a coffee growers certificate, issued under section 20;

“registered curing establishment owner” means a person holding a coffee curing establishment certificate issued under section 20;

“roasted coffee” means cured coffee roasted to any degree whether whole or ground to powder;

“Vice-Chairman” means the person elected Vice-Chairman of the Board under section 4.

PART II
COFFEE BOARD OF ZAMBIA

3.   Establishment of Board

There is hereby established the Coffee Board of Zambia which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may lawfully do or perform.

4.   Composition of Board

   (1) The Board shall consist of the following members:—

      (a)   the Permanent Secretary in the Ministry responsible for agriculture, who shall be Chairman;

      (b)   not more than seven persons appointed by the Minister of whom—

      (i)   one shall be a representative of the Ministry responsible for finance;

      (ii)   one shall be a nominee of an establishment concerned with research in coffee;

      (iii)   one shall be a nominee of holders of coffee roasting licenses issued under section 37;

      (iv)   four shall be from persons who the Minister thinks should be represented on the Board; and

      (c)   five persons appointed by the Association.

   (2) There shall be a Vice-Chairman who shall be elected by the Board from amongst its members.

   (3) A member referred to in paragraphs (b) and (c) of sub-section (1) shall hold office for a period of four years, but shall be eligible for reappointment.

   (4) A member referred to in paragraphs (b) and (c) of sub-section (1) may resign upon giving one month’s notice in writing to the Minister or Association, as the case may be, and may be removed at any time.

5.   Filling of casual vacancy

Whenever the office of a member becomes vacant before the expiry of the term provided in section 4 the Minister or the Association, as the case may be, may appoint another person to be a member:

Provided that such other person shall hold office only for the unexpired term of office of the person who vacated the office.

6.   Secretary

The Board may appoint a Secretary to the Board on such terms and conditions as the Board may determine.

7.   Functions of Board

   (1) The functions of the Board shall be to—

      (a)   regulate the coffee industry for the Republic;

      (b)   advise the Government on policies and measures relating to the coffee industry;

      (c)   promote the sale of coffee;

      (d)   encourage the production of good quality coffee;

      (e)   implement the Government’s policies relating to the coffee industry;

      (f)   act as the agent of the Government in matters relating to the coffee industry;

      (g)   co-operate, within the framework of any international organization or agreement, for the promotion, control of production, or marketing, of coffee;

      (h)   arrange, when so requested by the Government, for the representation of Zambia, on any international organization dealing with coffee, or at any international conference relating to coffee;

      (i)   experiment, investigate and conduct research in areas relating to coffee;

      (j)   in consultation with the Association—

      (i) set out licensing criteria for use by the Coffee Licensing Committee;

      (ii)   lay down conditions for the control of coffee production;

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