Pig Industry Act
- Commenced on 1 February 1960
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Pig Industry Act [Chapter 18:15].
2. InterpretationIn this Act—“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 pickled 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 Zimbabwe;“Board” means the Pig Industry Board established in terms of Part II;“committee of the Board” means a committee of the Board established in terms of subsection (1) of section nine;“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 utilized or treated; and(b)a marketmaster 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;“financial year” means the period of twelve months ending on the 30th June each year;“Government grader” means a Government grader appointed in terms of subsection (1) of section forty 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 forty 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;“levy” means the levy prescribed in terms of section twenty-six;“licence” means a licence issued in terms of section thirty-seven;“member” means member of the Board;“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;“Ministry” means the Ministry for which the Minister is responsible;“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 Zimbabwe of pigs and pig carcasses; and(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 twenty-eight;“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 Zimbabwe;“regulation” includes an order or notice;“Secretary” means the Secretary of the Ministry for which the Minister is responsible;“sell” includes to exchange or dispose of for valuable consideration.
Part II – Establishment of Board
3. Establishment of BoardThere shall be a board to be known as the Pig Industry Board which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of doing all such acts as a body corporate may by law perform.
4. Appointment of members
5. Disqualification for appointment as memberThe Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who—
6. Vacation of office of memberA member shall vacate his office and his office shall become vacant—
7. Filling of vacancies on BoardOn the death of, or the vacation of office by, a member the Minister may appoint a person to fill the vacancy.
8. Meetings and decisions of Board
9. Appointment of committees of Board
10. Right of certain officers to attend meetings and take part in proceedings of Board and committees of Board
11. Validity of Board’s decisions and actsNo decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that—
12. Contracts and instruments of BoardAn agreement, contract or instrument may be entered into or executed on behalf of the Board by any person or persons generally or specially authorized by the Board for the purpose.
Part III – Financial provisions relating to Board
13. Establishment and operation of general fund of BoardThe Board shall establish a general fund—
14. Establishment and operation of general reserve account of Board
15. Charges to revenue account of Board and investment of moneys in sinking fund
16. Funds of BoardThe funds of the Board shall consist of—
17. Accounts of BoardThe Board shall cause to be kept proper books of account and other records in relation thereto and to all its operations, works and property.
18. Appointment of auditors and audit of Board’s accounts
19. Special duty of auditorsIt shall be the duty of the auditors, in addition to the ordinary duties of auditors, to certify not less than once in each financial year whether or not—
Part IV – Functions, duties and powers of Board
20. Functions and duties of BoardThe functions and duties of the Board shall be—
21. Powers of Board
22. By-laws of BoardThe Board may make by-laws for the good government and conduct of the business of the Board, the conditions of service of the employees of the Board and any other matter in the opinion of the Board necessary or convenient to be provided for the carrying on of the operations of the Board.
23. Reports of Board
24. Proceedings on failure of Board to comply with Act
Part V – Imposition and collection of levy on pigs
25. Application of Part VThis Part shall not apply in relation to pigs which are—
26. Imposition of levy on pigs
27. Withdrawal or suspension of levyThe Minister may at any time, by statutory instrument—
28. Establishment of Pig Levy AccountThe Minister shall, notwithstanding the Audit and Exchequer Act [Chapter 22:03], establish 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.
29. Disposal of levyThe Minister shall from time to time pay to the Board the amount standing to the credit of the Pig Levy Account.
30. Summary judgment for levy in criminal proceedings
31. Recovery of levyThe 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 Secretary.
32. Legal costs of MinisterThe costs payable by the Minister in an action referred to in section thirty-one shall be paid from the funds in the Pig Levy Account.
Part VI – Development of pig industry in Zimbabwe
33. Certain pig carcasses to be graded throughout ZimbabweThe carcasses of all pigs slaughtered in Zimbabwe for—
34. Minister may define areas in Zimbabwe within which all carcasses to be gradedThe Minister, after consulting the Board, may, by statutory instrument, define areas in Zimbabwe within which, from and after a date specified in the statutory instrument, the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with this Act.
35. Duties of Government gradersA Government grader shall—
36. Bacon factories to be licensed
37. Applications for and issue of licences
38. Extension of licences
39. Conditions of licencesIn 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 Zimbabwe.
Part VII – General
40. Appointment of Government graders and inspectors
41. Regulatory powers of Minister
42. Offences and penalties
History of this document
01 February 1960