Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698942157853.pdf (Saint Kitts and Nevis)
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.

18.09 1 ST. CHRISTOPHER AND NEVIS CHAPTER 18.09 DISTRIBUTION AND PRICE OF GOODS ACT and Subsidiary Legislation Revised Edition showing the law as at 31 December 2009 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Cap.

1.03.
1.03.

This edition contains a consolidation of the following laws— DISTRIBUTION AND PRICE OF GOODS ACT Act 7 of 1968 … in force 23rd March 1968 Amended by: Act 31 of 1968 Act 19 of 1971 Act 6 of 2000 PRICE CONTROL ORDER – Section 3 S.R.O.

15/1999 Amended by: S.R.O.

13/2000 S.R.O.

8/2004 S.R.O.

3/2005 S.R.O.

11/2005 S.R.O.

19/2007 Repealed and replaced by S.R.O.

41/2007 MEAT (PRICES CONTROL) ORDER – Section 3 S.R.O.
4/1976 DISTRIBUTION AND PRICE OF GOODS (LOBSTER PRICE CONTROL) ORDER – Section 3 S.R.O.

36/1978 Prepared under Authority by The Regional Law Revision Centre Inc. ANGUILLA Page 3 15 17 20 2 CAP.

18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 IMPORTED BEER (REGULATION OF DISTRIBUTION) ORDER – Section 3 S.R.O.

21/1972 Amended by: S.R.O.

4/1984 IMPORTED ORANGE JUICE (REGULATION OF DISTRIBUTION) ORDER – Section 3 20 21 S.R.O.
7/1987 LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.

18.09 3 CHAPTER 18.09 DISTRIBUTION AND PRICE OF GOODS ACT ARRANGEMENT OF SECTIONS Interpretation 1.

Short title 2.

3.

Power to control distribution, hiring and prices 4.

Supply Officer may fix landed costs 5.

Proportionate prices 6.

Sale at more than maximum price or upon conditions etc.

prohibited 7.

Averaging of prices 8.

Purchase of excessive quantity 9.

Refusal to sell 10.
Refusal to sell 10.

Price lists to be posted 11.

Prices to be marked on goods 12.

Delivery of invoice 13.

Furnishing of information etc.

to authorised office 14.

Powers of search inspection and seizure 15.

Records and statutory declarations 16.

Power to requisition goods 17.

Power to direct distribution and sale of essential goods 18.

Sale by order of the Supply Officer 19.

Liabilities of officers of corporate bodies 20.

Appearance and plea by corporation 21.


Liability of employers, agents and servants 22.

Burden of proof 23.

Compensation to purchaser of goods at price in excess of maximum price 24.

25.

Penalty 26.

Prosecution of summary offences 27.
Appointment of Advisory Committee and making of Regulations Intimidation Television Receiving Sets FIRST SCHEDULE: SECOND SCHEDULE: Price Control Order THIRD SCHEDULE: Meat (Prices Control) Order FOURTH SCHEDULE: Distribution and Price of Goods (Lobster Price FIFTH SCHEDULE: SIXTH SCHEDULE: Control) Order Imported Beer (Regulation of Distribution) Order Imported Orange Juice (Regulation of Distribution) Order LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 5 CHAPTER 18.09 DISTRIBUTION AND PRICE OF GOODS ACT AN ACT TO MAKE PROVISION FOR THE REGULATION OF THE DISTRIBUTION, PURCHASE OR SALE OF GOODS; TO PROVIDE FOR THE CONTROL OF PRICES AT WHICH CERTAIN GOODS MAY BE SOLD; TO PROVIDE FOR THE TERMS AND CONDITIONS ON WHICH CERTAIN GOODS MAY BE HIRED; AND TO PROVIDE FOR RELATED OR INCIDENTAL MATTERS.

Short title.

1.

This Act may be cited as the Distribution and Price of Goods Act.

Interpretation.

2.
In this Act— “authorised officer” means any person appointed by the Governor-General to be an authorised officer under this Act; “consumer” means any person who purchases or offers to purchase goods otherwise than for the purpose of resale; “export” means to take or be concerned in taking out of the State or the territorial waters thereof, and “exportation” shall be construed accordingly; “goods” includes all kinds of movable or personal property, including animals; “hoard” means laying aside for the purpose of accumulating any article; “import” means to bring, or be concerned in bringing, into the State or the territorial waters thereof, and “importation” shall be construed accordingly; “landed cost” means the totality of the following— (a) the C.I.F.
value of goods as accepted by the Comptroller of Customs; (b) import duty; (c) landing charges and cost of labour for storing; (d) cost of remittance to the place of payment; and (e) an additional sum not exceeding 1% of (a) above as to the Supply Officer may appear to be reasonable; or, failing evidence of the C.I.F.
value of such goods, such an amount as the Supply Officer may fix as the “landed cost”; “maximum price” means the maximum price of goods fixed by the Minister in accordance with the provisions of section 3 of this Act; “Minister” means the Minister responsible for the subject of commerce; (Amended by Act 6 of 2000) “piece goods” includes all woven or knitted textile goods in continuous lengths of any class purchased or sold by the yard, and all goods known in the Dry Goods trade as “piece goods”; “price” includes any valuable consideration of any kind whatsoever whether direct or indirect; “price-controlled goods” means goods the selling price of which is controlled by an Order made under section 3 of this Act; 6 CAP.
18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 “retail”, with its grammatical variations and cognate expressions, when used in relation to a sale, means a sale by a trader to a consumer; “sell”, with its grammatical variations and cognate expressions, includes an agreement to sell, an offer to sell, the exposure of goods for sale, the publication of a price list, the furnishing of a quotation, or any act or notification whatsoever whereby willingness to enter into any transaction or sale is expressed; “Supply Officer” means the person appointed as Supply Officer of the State by the Governor-General for the purposes of this Act, and includes any person acting for or on behalf of the Supply Officer; “trader” means any person who carries on the business of selling goods and includes— (a) any person carrying on business in the course of which he or she supplies goods for the purpose of or in pursuance of a contract made by him or her; (b) a pedlar; and (c) a commission agent; “wholesale” means sale by gross or in bulk, and includes— (a) as regards an imported article, the sale of such article in quantities not less than that specified in any Order made under section 3 of this Act, and failing such specification, in any quantity not being less than that contained in a bag, barrel, case, box, cask or other container whatever in which the same is ordinarily or was originally imported into the State; or, as regards piece goods, not less than one piece thereof; and (b) as regards an article the produce or manufacture of the State, the sale of such article in quantities not less than that specified in any Order made under section 3 of this Act.
Power to control distribution, hiring and prices.

3.
(1) The Minister may, by Order, provide for— (a) regulating the distribution, purchase or sale of goods or of any class or description of goods under this Act; (b) controlling the prices at which goods or any class or description of goods may be sold, whether by wholesale or retail either throughout the State or in any part or parts thereof; (c) the terms and conditions on which any class or description of goods specified in the First Schedule to this Act shall be hired and the maximum rates of hiring which may be charged in respect of such class or description of goods.
(Substituted by Act 19 of 1971) (2) An Order made under the provisions of subsection (1) of this section may direct that the maximum price of any goods shall not exceed a specified sum or may direct the manner in which the maximum price shall be ascertained and may— (a) fix different maximum prices for the same class of goods having regard to the terms upon which and the circumstances in which the goods are manufactured, imported or sold, and the part of the State in which such goods are sold to the consumers; and LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 7 (b) fix alternate methods by which the maximum price may be ascertained for the same or different classes of goods.

(3) Any Order made under this section may contain such incidental and supplementary provisions as are necessary for the purposes of the Order.

Supply Officer may fix landed costs.

4.


Any person who desires to have the landed cost of any price-controlled goods fixed by the Supply Officer shall submit to the Supply Officer such particulars, information and samples as the Supply Officer may require, and the Supply Officer shall thereupon proceed to fix such landed costs.

Proportionate prices.

5.


Where the quantity of goods sold or offered for sale is greater or less than the unit quantity specified in the Order made under section 3, such goods shall, subject to any express provisions to the contrary in the Order, be sold or offered for sale at a proportionately increased or decreased price as the case may be.

Sale at more than maximum price or upon conditions etc.

prohibited.
(1) No person shall, in respect of any goods the maximum price of which has 6. been fixed by an Order under the provisions of section 3 of this Act— (a) sell or buy or agree to sell or buy any such goods at a greater price than the maximum price; (b) impose, whether before or at the time of delivery of any such goods, or at any subsequent time prior to payment therefor, any condition relating to the sale of such goods, including the purchase of any other goods, the payment of any premium or other like sum, or the giving of any consideration other than the immediate payment of the permitted purchase price; or (c) with the object of speculating or profiteering, hoard any such goods.
(2) Any person who contravenes any of the provisions of subsection (1) of this section commits an offence against this Act and shall— (a) on summary conviction, be liable to a fine not exceeding three thousand five hundred dollars or to a term of imprisonment not exceeding three months, or to both such fine and such imprisonment; or (b) on conviction on indictment, be liable to a fine not exceeding thirteen thousand five hundred dollars, or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(Amended by Act 9 of 1986) Averaging of prices.

7.
Notwithstanding the provisions of any Order made under section 3 but subject to the provisions of section 6 of this Act, the holder of a stock of identical goods which may have been received on different consignments and at varying prices may, with the consent of the Supply Officer, fix an average price for such goods, and the price approved by the Supply Officer shall be the maximum wholesale or retail price, as the case may be, for such goods in the hands of such wholesaler or retailer, as the case may be.
8 CAP.

18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Purchase of excessive quantity.

8.

No person carrying on a retail business shall at any one time, without the consent in writing of the Supply Officer, purchase from a wholesaler a larger quantity of any price-controlled goods than the quantity which it is customary for him or her to purchase for the purpose of his or her retail business.

Refusal to sell.
Refusal to sell.

(1) No person carrying on a retail business in the State shall, without 9. reasonable cause, the proof whereof shall lie on him or her, refuse to sell by retail for cash a reasonable quantity of any article demanded and which is required for immediate use or consumption by an intending purchaser; and for the purposes of this subsection a reasonable quantity shall be the requirements of the purchaser and his or her household for normal use or consumption for a period of two days.
(2) No person carrying on a wholesale business in the State shall, without reasonable cause, the proof whereof shall lie on him or her, refuse to sell for cash in wholesale quantities to a customer, being a retailer, the normal quantity of any articles usually sold to such retailer.
(3) A vendor shall be deemed to refuse without reasonable cause to sell any goods if he or she falsely denies that he or she has such goods, or uses any words, or gives any other indication calculated to lead a person who wishes to buy such goods to suppose erroneously that such vendor has not such goods.
(4) A vendor shall be deemed to have reasonable cause to refuse to sell any price-controlled goods if such sale would, having regard to the quantity required or any other consideration, be contrary to the normal practice of his or her business, or would involve a breach of some obligation lawfully binding on him or her, or would interfere with arrangements made by him or her for an orderly disposal of his or her stocks among his or her regular customers: Provided that the provisions of this subsection shall not apply to vendors in public markets.
(5) Any person who contravenes or fails to comply with the provisions of this section commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding three thousand five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(Amended by Act 9 of 1986) Price lists to be posted.
(1) Every vendor of any price-controlled articles shall keep posted up in public 10. view in some conspicuous place in his or her business premises a list in good and readable condition showing the approved maximum prices of such articles as shall from time to time be prescribed.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1) of this section commits an offence against this Act.

Prices to be marked on goods.

11.


(1) Every vendor of price-controlled goods which are exposed for sale by retail shall clearly mark on such goods or on the wrappings or containers of such goods, so as to be clearly seen and read by intending purchasers, the retail prices at which such goods are offered for sale.

LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 9 (2) Any person who contravenes or fails to comply with the provisions of subsection (1) of this section commits an offence against this Act.

Delivery of invoice.

12.


(1) Every trader who sells any price-controlled goods whether by wholesale or retail shall, on request, tender at the time of sale to every purchaser of such goods from him or her a bill or invoice in the prescribed form showing the date of sale, a description of the goods sufficient to identify the same, the quantity of such goods and the price charged therefor.
(2) Any person who contravenes or fails to comply with the provisions of subsection (1) of this section commits an offence against this Act.

(3) The Supply Officer may, by Notice published in the Gazette, prescribe the form of the bill or invoice to be delivered to the purchaser under the provisions of subsection (1) of this section.

(Inserted by Act 19 of 1971) Furnishing of information etc.

to authorised officer.

13.
(1) An authorised officer may— (a) require any trader to supply him or her either orally or in writing with any information in his or her possession relating to goods; (b) at any reasonable time require any trader to produce for his or her inspection any document or account whatsoever relating wholly or in part to the business carried on by such trader in relation to the sale of goods; (c) require any trader to furnish him or her with copies of any such document as is referred to in paragraph (b); (d) enter, during business hours, upon any place or premises in the occupation of any trader for the purpose of ascertaining whether the provisions of this Act are being complied with and to search for and inspect any documents of the kind referred to in paragraph (b) and make copies or abstracts of such documents and take such steps as may be reasonably necessary for the aforesaid purposes; (e) take possession of any document which appears to him or her to constitute prima facie evidence of a breach of any of the provisions of this Act or of any Order made thereunder; and (f) take possession of and detain for such time as may be prescribed and subject to such conditions as may be prescribed any article or goods which appears to him or her to constitute prima facie evidence of a breach of any provisions of this Act or of any Order made thereunder.
(Inserted by Act 19 of 1971) (2) Any person who— (a) assaults, obstructs, impedes, hinders, molests or refuses admission to an authorised officer in the exercise of his or her powers under subsection (1); (b) wilfully fails to give any information or to produce any document lawfully required of him or her under the provisions of subsection (1); or 10 CAP.
18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 (c) knowingly gives to an authorised officer any false information relating to goods, commits an offence against this Act.

Powers of search inspection and seizure.

14.
(1) If, with respect to any premises, the Supply Officer has reasonable ground for suspecting that an offence against this Act or any Order made thereunder has been or is being committed, and that evidence of the commission of the offence is to be found at such premises, and is satisfied— (a) that it is essential in the public interest that the premises should be searched for the purpose of obtaining such evidence; and (b) that the evidence is not likely to be found at the premises unless they are forthwith searched, the Supply Officer may, by written order under his or her hand, authorise any person or persons named in the order, and any police officer, to enter the premises, if necessary by force, and to search the premises and to seize and take away any article found in the premises which the person or persons or police officer as aforesaid has or have reasonable grounds for believing to be evidence of the commission of such offence.
(2) The Supply Officer or any authorised officer, police officer or a person authorised in writing by the Supply Officer, may, at any time during the business hours of any shop in which price-controlled goods are offered for sale, either by wholesale or retail, enter any part of the shop in which such goods are so offered for sale, and inspect such goods, and any price list or mark indicating price relating thereto.
(3) Any person who assaults, obstructs, impedes, hinders, molests or refuses admission to the Supply Officer, any authorised officer, police officer or person authorised by the Supply Officer in the execution of his or her duty under this section, commits an offence under this Act.

Records and statutory declarations.

(1) Every trader dealing in price-controlled goods shall keep reasonable 15. records of all purchases of such goods.
(2) The Supply Officer may, by notice in writing, require any trader to keep any records or accounts as are specified in such notice.

(3) The Supply Officer may order any person to make a statutory declaration, within such time as may be specified in the order, giving full and accurate particulars of all price-controlled articles mentioned in the order belonging to him or her or in his or her possession, power or control, and the place of storage of such articles.
(4) Any person who contravenes or fails to comply with any of the provisions of this section or of any notice or Order thereunder, commits an offence against this Act.

Power to requisition goods.

16.


(1) Where it appears to the Cabinet that it is necessary for the purpose of ensuring a sufficient supply of foodstuffs or essential commodities for use or consumption in the State or for their equitable distribution therein, the Minister may empower the Supply Officer by written notice to any person or persons in possession, LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 11 or having control, of such goods to requisition or cause to be requisitioned any such goods, and to provide for the distribution and sale of any such goods.

(2) Any person to whom any notice or requisition is given under the provisions of subsection (1) shall hold to the order of the Supply Officer the goods specified therein in accordance with the terms of such notice.
(3) Upon requisitioning any goods under the provisions of subsection (1) the Supply Officer shall pay as compensation to the person in possession or having control of such goods a sum equal to the price which such person might reasonably have been expected to obtain upon a sale of such goods, regard being had to the condition of the goods at the time.
(4) If the person in possession or control of any goods requisitioned under the provisions of subsection (1) fails, without reasonable cause, the proof whereof shall lie on him, to deliver such goods in accordance with the terms of the notice of requisition, any authorised officer specially authorised in that behalf in writing by the Supply Officer may enter the premises whereon such goods are kept and seize and take them away.
(5) Any person who contravenes or fails to comply with any of the provisions of this section or of any notice thereunder commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Power to direct distribution and sale of essential goods.

17.
17.

Where it appears to the Cabinet that it is necessary for the purpose of ensuring an equitable distribution of any foodstuffs or essential commodities in the State or any part thereof, the Minister may, by Order, authorise the Supply Officer to provide for the exclusive or limited right of distribution and sale of such foodstuffs or commodities though any trader or traders approved by the Supply Officer.

Sale by order of the Supply Officer.
(1) Whenever a trader possesses a stock of any price-controlled goods of 18. which there is otherwise a shortage in the local market, the Supply Officer may, without requisitioning such goods, by order in writing, require such trader to sell to such persons as shall be named in the order, the quantities therein specified of such goods, and upon tender of immediate payment of the maximum permitted price of the quantities of the goods so specified, such trader shall sell such quantities in accordance with the order.
(2) Any trader who, without reasonable excuse, the proof whereof shall lie on him or her, fails to comply promptly with the order of the Supply Officer upon tender of the purchase price by a purchaser named in the order, commits an offence against this Act.

Liabilities of officers of corporate bodies.

19.
Where a person charged with an offence under the provisions of this Act is a body corporate every person who, at the time of the commission of the offence, was a director or officer of the body corporate may be charged jointly in the same proceedings with such body corporate, and where such body corporate is convicted of the offence every such director or officer shall be deemed to be guilty of that offence unless he or she proves that the offence was committed without his or her knowledge or that he or she exercised all due diligence to prevent the commission of the offence.
12 CAP.

18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Appearance and plea by corporation.

20.
20.

(1) Where a corporation is charged with an offence against this Act, such corporation may appear and plead to the charge or indictment by entering a plea in writing, and if either the corporation does not appear by representative, or though it does so appear, fails to enter any plea, the court shall cause a plea of not guilty to be recorded and the trial shall proceed accordingly.
(2) Where a corporation is charged, whether alone or jointly with some other person, with an indictable offence punishable under this Act, the Magistrate may if he or she is of the opinion that the evidence offered on the part of the prosecution is sufficient to put the accused corporation upon trial, commit the corporation for trial.
(3) Any indictment filed against a corporation or other document addressed to a corporation may be served upon the corporation by leaving it at, or sending it by post to, the registered office of the corporation or, if there be no such office in the State, by leaving it at, or sending it by post to, the corporation at any place in the State at which it trades or conducts business.
(4) In this section, the expression “representative”, in relation to a corporation, means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this section authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.
(5) A representative for the purpose of this section need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.
Liability of employers, agents and servants.

21.
Every person shall be liable for the acts and omissions of his or her partners, agents and servants in so far as they relate to the business of such person and if any such partner, agent or servant performs any act or suffers any omission which contravenes or fails to comply with the provisions of this Act such person and his or her partner, agent or servant, as the case may be, may be charged jointly in the same proceedings and shall be liable jointly and severally to the penalties imposed by this Act, unless he or she proves that the offence was committed without his or her knowledge or that he or she exercised all due diligence to prevent the commission of the offence.
Burden of proof.

(1) The burden of proving that a case comes within any exception shall be on 22. the person alleging the same.
(2) On the prosecution of any person for the sale of any price-controlled goods at a price above the maximum price, when the sale or agreement or offer to sell the goods in question, and the price at which it was made, have been proved, then the burden of proving that the price at which the goods were sold or agreed or offered to be sold was not in excess of the maximum price shall be on the person charged.
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 13 (3) A certificate signed by the Supply Officer certifying that goods are of a class or description controlled under the provisions of an Order made under section 3 of this Act, and certifying the maximum price thereof, shall be prima facie evidence in all courts of justice, and for all purposes, of the facts therein certified, without the necessity of adducing proof of the signature appearing on such certificate.

Compensation to purchaser of goods at price in excess of maximum price.

23.
Where any person is convicted of selling goods at a price in excess of the maximum price and— (a) the court considers that the purchaser of the goods did not know and could not reasonably be expected to know that the price paid by him or her for such goods was in excess of the maximum price; or (b) the purchaser of the goods reported the sale to the Supply Officer or to a police officer within forty-eight hours of such sale, the court may, in addition to any other penalty which it may impose, order the person convicted to pay to such purchaser the difference between the maximum price of such goods and the price at which the goods were sold together with such sum, if any, as the court may think fit to award by way of compensation for any expenses incurred by such purchaser.
Intimidation.

24.

(1) No vendor shall in any manner intimidate or victimise or attempt to intimidate or victimise any person who has given or is about to give evidence against such vendor in any proceedings under this Act, or who has been or is in any way concerned in the prosecution or intended prosecution of any vendor under this Act.
(2) Any person who contravenes the provisions of subsection (1) of this section commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Penalty.

25.
Penalty.

25.

Any person found guilty of an offence against this Act for which no penalty is expressly provided shall be liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding two months.

Prosecution of summary offences.

26.


Every prosecution for a summary offence under this Act shall be instituted in the name of the Supply Officer and may be conducted by the Supply Officer or by any person specially authorised, in writing, by the Supply Officer in that behalf.

(Inserted by Act 19 of 1971.

Originally section 25A) Appointment of Advisory Committee and making of Regulations.

27.
27.

(1) The Minister may appoint an Advisory Committee to advise him or her on the making of Orders under section 3 of this Act and may make regulations prescribing the powers and duties of the Committee and of the members thereof.

(2) Regulations made under this section may provide for the indemnity of members of the Advisory Committee in the performance of their duties under such regulations.

14 CAP.
14 CAP.

18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 (3) Regulations made under this section may prescribe for any contravention thereof or failure to comply therewith a fine not exceeding one hundred dollars on summary conviction.

__________ LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 15 FIRST SCHEDULE (Section 3) TELEVISION RECEIVING SETS (SCHEDULE INSERTED BY ACT 19 OF 1971) __________ SECOND SCHEDULE (Section 3) PRICE CONTROL ORDER Citation.

1.

This Order may be cited as the Price Control Order.

Interpretation.

2.

In this Order, “Special Districts” mean Nevis and those parts of Saint Christopher lying outside the boundaries of the town of Basseterre as defined by the Basseterre Limits Act, Cap.

23.02.

Maximum Wholesale Price.

3.


(1) The Maximum Wholesale Price of the goods or commodities set out in the first column of Part I of the Schedule to this Order shall not exceed the sum set out opposite to the goods in the second column.

(2) Where no price is set out in accordance with subparagraph (1), then the Maximum Wholesale Price of the goods plus the percentage of such Landed Cost is as set out opposite the goods in the second column of the Schedule.

Maximum Retail Price.

3.


(1) The Maximum Retail Price of the goods set out in the first column of the Part I and II of the Schedule shall not exceed the price set out opposite the goods in the third column of Part I or II of the Schedule.
(2) Where no price is set out in accordance with subparagraph (1), then the Maximum Retail Price of the goods shall not exceed a sum which is equal to the appropriate Maximum Wholesale Price of the goods plus the percentage of the Maximum Wholesale Price as is set out opposite the goods in the third column of Part I and II of the Schedule.
(3) In the Special Districts, the Maximum Retail Price of the goods set out in the first column of Part I and II of the Schedule shall not exceed the price set out opposite the goods in the fourth column of I and Part II of the Schedule.
(4) Where no price is set out in accordance with subparagraph, then the Maximum Retail Price of the goods in the Special Districts shall not exceed a sum which is equal to the appropriate Maximum Wholesale Price of the goods plus the percentage of such wholesale price as is set out opposite the goods in the fourth column of Part I and II of the Schedule.

16 CAP.
18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 SCHEDULE TO THE ORDER PART I COMMODITY Maximum Wholesale Price (WSP) Per Unit Maximum Retail Price in Basseterre Maximum Retail Price in Special Districts Chicken (Frozen) 20% on landed cost 25% on WSP 25% on WSP Meats (Frozen) Fish (Frozen) 20% on landed cost 25% on WSP 25% on WSP 20% on landed cost 25% on WSP 25% on WSP Meat salted and in brine 20% on landed cost 20% on WSP 20% on WSP Fish salted and in brine 20% on landed cost 20% on WSP 20% on WSP Vienna Sausage 20% on landed cost 20% on WSP 20% on WSP Corn Meal Dried peas Cereal Butter Margarine Pasta products Cheese cheddar 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP Sardines, Tuna and fish 20% on landed cost 20% on WSP 20% on WSP Fresh fruit and vegetables 20% on landed cost 20% on WSP 20% on WSP Toothpaste 20% on landed cost 20% on WSP 20% on WSP Lard and substitutes 20% on landed cost 20% on WSP 20% on WSP Cooking oil Rice Toilet paper 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP 20% on landed cost 20% on WSP 20% on WSP Soap (medicated) 20% on landed cost 20% on WSP 20% on WSP Detergent (powered) 20% on landed cost 20% on WSP 20% on WSP Disposable diapers (Adults and children) 20% on landed cost 20% on WSP 20% on WSP LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 21 PART II Commodity Maximum Wholesale Price WSP)Per Unit Maximum Retail Price in Basseterre Maximum Retail Price in Special Districts Anti-histamines Hypertensive agents Paints – House or Roof Anti-Cholesterol drugs Glaucoma drugs 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost 35% on landed cost [Price Control Order, SRO,15/1999 replaced by SRO 41/2007] __________ THIRD SCHEDULE (Section 3) MEAT (PRICES CONTROL) ORDER Citation.
1.

This Order may be cited as the Meat (Prices Control) Order.

Classification of Meat According to Cuts.

All meat locally slaughtered shall be classified for sale according to the 2. following Table: CLASS TYPE OF MEAT WHOLESALE CUTS RETAIL CUTS I Beef Round Round Steak Standing Rump Top Round Steak Rolled Rump Eye of Round Heel of Round Sirloin Pin-bone Sirloin Steak 22 CAP.
18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 CLASS TYPE OF MEAT WHOLESALE CUTS RETAIL CUTS Pork Mutton (flesh of Sheep, Lamb, Goat or Kid) II Beef II III Pork Beef Short Loin Rib Ham Rib Legs Rack Chuck Picnic Shoulder Fore-shank Brisket Short Plate Flank Flat-bone Sirloin Steak Wedge-bone Steak Sirloin Boneless Sirloin Steak Club Steak T-bone Steak Top Loin Steak Porter House Steak Tender Loin Steak Standing Rib Roast Rib-eye Steak Rib Steak Pork Chops Inside Chuck Roll Chuck Short Ribs Chuck Tender Blade Pot Roast/Steak Arm Pot Roast/Steak Boneless Shoulder Boston Cut Shank Cross Cuts Stew From Other Cuts Fresh Brisket Short Ribs Spare Ribs Rolled Plate Plate Beef Flank Steak LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.
18.09 23 CLASS TYPE OF MEAT WHOLESALE CUTS RETAIL CUTS Pork Neck Ground Beef or any combination of cuts including one or more of these All portions other than those listed under Classes I and II or any combination of cuts not listed under Classes I and II Mutton (flesh of Sheep, Lamb, Goat or Kid) All portions other than those listed in Class I or any combinations which include portions not listed under Class I.

Maximum Retail Price.


The maximum retail price at which meat classified as Class III shall be sold 3. shall not exceed $1.00.

__________ FOURTH SCHEDULE (Section 3) DISTRIBUTION AND PRICE OF GOODS (LOBSTER PRICE CONTROL) ORDER Citation.

This Order may be cited as the Distribution and Price of Goods (Lobster Price 1.

Control) Order.

Maximum Retail Price.

The maximum price for which lobster may be sold by retail shall not exceed 2.

$3.45 per lb.
$3.45 per lb.

__________ FIFTH SCHEDULE (Section 3) IMPORTED BEER (REGULATION OF DISTRIBUTION) ORDER Citation.

This Order may be cited as the Imported Beer (Regulation of Distribution) 1.

Order.

Interpretation.

2.

In this Order, unless the context otherwise requires— “Act” means the Distribution and Price of Goods Act; 24 CAP.
18.09 Distribution and Price of Goods Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 “beer” includes malt, ale and stout; “import” “retail” and “wholesale”, with their grammatical variations and cognate expressions, have the meanings respectively assigned to those expressions in the Act.

Restriction on the Sale of Imported Beer by Importers and Wholesalers.

(1) No importer of imported beer shall sell imported beer to any person other 3. than a wholesaler or a retailer.
(2) No importer or wholesaler shall sell to any retailer any greater quantity of imported beer than that prescribed in sub-paragraph (3) of this paragraph, and no retailer shall purchase from any importer or wholesaler any greater quantity of imported beer than that prescribed in sub-paragraph (3) of this paragraph.
(3) The quantity of imported beer which during any period of one month an importer or wholesaler may sell to a retailer, or a retailer may purchase from an importer or wholesaler, shall not exceed one-fifth of the quantity of locally manufactured beer purchased by such retailer during the period of one month preceding the date of the sale or purchase, and the quantity of locally manufactured beer purchased shall be verified by invoices or receipts issued by the seller of such locally manufactured beer.
(Amended by S.R.O.

No.

4/1984) (4) Any person who contravenes the provisions of this paragraph commits an offence against the Act.

Accounts for Sale of Imported Beer.

4.
4.

(1) Every importer and wholesaler of imported beer shall, at the time of sale of any imported beer, whether the sale be for cash or on credit terms, prepare and tender to the purchaser a bill or invoice setting forth in relation to such imported beer the following particulars— (a) the name and address of the vendor and of the purchaser; (b) the date of sale; (c) a full and accurate description of the beer sold; and (d) the quantity of each sale and the price at which the beer has been sold.
(2) Every importer, wholesaler and retailer shall keep, and at all times have available for production to, and inspection by, any person thereto authorised in writing by the Minister true copies of all bills and invoices issued in accordance with the provisions of sub-paragraph (1) of this paragraph, and the originals of all bills and invoices received by him or her relating to the purchase of any beer.
(3) Every importer, wholesaler and retailer or the manager or other person for the time being in charge of the business of any importer, wholesaler or retailer, shall, upon the request of any person thereunto authorised in writing by the Minister produce to such person at such time and place as may be specified any books, accounts, bills or other documents of whatsoever nature relating to any beer, imported, purchased or sold by such importer, wholesaler or retailer which are in his or her possession for the purpose of sale.
(4) Any importer, wholesaler or retailer who contravenes the provisions of this paragraph commits an offence against the Act.

__________ LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2009 Distribution and Price of Goods Act CAP.

18.09 25 SIXTH SCHEDULE (Section 3) IMPORTED ORANGE JUICE (REGULATION OF DISTRIBUTION) ORDER Citation.

This Order may be cited as the Imported Orange Juice (Regulation of 1.

Distribution) Order.

Interpretation.

2.


In this Order, unless the context otherwise requires— “Act” means the Distribution and Price of Goods Act; “orange juice” means orange juice in cartons; “import”, with the grammatical variations and cognate expressions, has the meaning assigned to that expression in the Act.

Restriction on the Sale of Imported Orange Juice.

(1) No importer of imported orange juice shall import orange juice except as 3. otherwise provided in sub-paragraph (2) of this paragraph.
(2) The quantity of any imported orange juice shall not exceed one-third of the quantity of locally processed orange juice purchased by such importer, and the quantity of locally processed orange juice purchased shall be verified by invoices or receipts issued by the seller of such locally processed orange juice.

(3) Any person who contravenes the provisions of this paragraph commits an offence under the Act.

Accounts of Sale of Imported Orange Juice.


(1) Every importer shall keep and at all times make available for production 4. to, and inspection by, any person thereto authorised in writing by the Minister, a record of sales of imported and locally processed orange juice.
(2) Every importer, shall, upon the request of any person thereunto authorised in writing by the Minister produce to such person at such time and place as may be specified any books, accounts or other documents of whatsoever nature relating to any orange juice imported, purchased or sold by such importer.

(3) Any importer who contravenes the provisions of this paragraph commits an offence under the Act.

__________