ARRANGEMENT OF SECTIONS
1. Short title
3. Power to make regulations
4. Establishment of dairy advisory committee
5. Establishment of national milk marketing board
6. Establishment of specialized bodies
7. Appointment of Inspectors, etc.
43 of 1971
20 of 1986
An Act to provide for the improvement and control of the production, processing and marketing of milk and milk products
[1ST NOVEMBER 1972]
This Act may be cited as the Milk and Milk Products Act.
In this Act, unless the context otherwise requires—
“milk” means exclusively the normal mammary secretion obtained from one or more milkings from cows and other bovines without either addition thereto or extraction therefrom;
“milk product” means any product exclusively derived from milk, such as butter, cheese, ghee, cream, dried milk or condensed milk, whether or not substances necessary for the manufacturing process but not intended to take the place in part or in whole of any milk constituent have been added thereto;
“premises” includes any building together with the land on which it is situated and the adjoining land used in connexion therewith, and includes any vehicle, conveyance or vessel;
“producer” means a person owning or having control of animals from which milk is obtained;
“sale” includes supplying milk under arrangements for free supply or in the course of any business otherwise than under such arrangements.
(1) The Minister may make regulations for the better carrying out of the purposes of this Act, and without prejudice to the generality of the foregoing such regulations may make provision for—
(a) prescribing grades for milk or any form of milk product, and minimum standards to which such milk or milk product shall conform, whether as a condition of importation or of exportation or of sale within Malawi;
(b) fixing the price to be paid for any grade or type of milk or milk product to producers, manufacturers, processors, distributors or sellers, with power to fix different prices on a basis of quota or for different seasons or circumstances;
(c) prescribing the manner of handling, transporting and storing of any milk product intended for the use of or consumption by any person other than the producer thereof;
(d) regulating and controlling the production, manufacture, processing, distribution or sale of any form of milk or milk product;
(e) imposing a levy or cess on any form of milk or milk product, or imposing different rates as between different forms of produce, or as between produce for export and produce for consumption in Malawi;
(f) prescribing the terms and form in which contracts for the sale of milk by producers, other than producers who sell direct to consumers, shall be made;
(g) providing for the creation and administration of schemes for die pooling of milk or milk products by producers in such area or areas as may be prescribed and for the distribution to producers of the proceeds of sale of such milk or milk products after deduction of such expenses as may be prescribed;
(h) controlling and regulating premises used in connexion with the production, manufacture, processing, distribution or sale of milk or milk products, including the design, standards, construction and maintenance of such premises;
(i) the inspection, examination, treatment and control of animals or stock feed used in connexion with the production of milk or milk products;
(j) requiring the registration and licensing, in such manner and upon payment of such fees as may be prescribed, of producers, manufacturers, processors, distributors and sellers of milk or milk products, and of any premises used by them;
(k) controlling or regulating the importation or exportation of milk or milk products;
(l) prescribing fees or charges for services rendered under this Act;
(m) requiring returns, reports and estimates to be furnished by producers, manufacturers, processors, distributors and sellers of milk and milk products;
(n) prescribing the forms of applications, and of licences, marks, registers and all other documents to be used for the purpose of this Act;
(o) prescribing the manner of marking articles intended for use in connexion with milk or milk products, including wrappers or packages intended to contain milk or milk products;
(p) prescribing the qualifications, powers and duties of inspectors and other persons appointed to exercise powers and perform duties under this Act, including the power to enter premises used in connexion with the production, manufacture, processing, distribution or sale of milk or milk products for the purposes of this Act;
(q) for the examination, inspection, analysis and testing of milk or milk products or any article used in connexion with milk or milk products or the production, manufacture, processing, distribution or sale thereof, prescribing charges in respect thereof, and the conditions upon and the manner in which samples of such milk, milk products or articles may be taken, whether compulsorily or otherwise;
(r) authorizing the opening by prescribed persons or officers, for the purpose of inspection, of any package which contains or is reasonably thought to contain milk or milk products;
(s) prescribing the books, accounts, vouchers and records to be kept by persons carrying on business in milk or milk products;
(t) authorizing the examination and inspection by prescribed persons or officers of all books and documents relating to the production, manufacture, processing, distribution or sale of any milk or milk product.
(2) Regulations made under subsection (1) may be made to apply to the whole of Malawi or to specified areas of Malawi, and different regulations may be made in respect of different areas of Malawi or for different grades of milk or for different types of milk products.
(1) The Minister may by order establish a dairy advisory committee for the whole of Malawi, or for such areas of Malawi as may be specified in such order, or may establish separate dairy advisory committees for different areas of Malawi.
(2) The functions of the dairy advisory committee, or dairy advisory committees established under subsection (1), shall be to advise the Minister on the development of milk production, the premises used therefor, systems of distribution, and the sale of milk and milk products.
(1) When the Minister considers it necessary or advisable in the interests of the milk or milk products industry, or the country as a whole, he may, by order, establish a national milk marketing board, which may be a body corporate, and shall have such powers and functions as the Minister shall in such order specify.
(2) The powers and functions of the national milk marketing board shall, in accordance with any special or general directions of the Minister, include the formulation, development, co-ordination and administration of a national policy with regard to milk and milk products, covering all aspects of milk production, the manufacture, processing, sale and distribution of milk and milk products, maximum and minimum prices, the importation and exportation, the standards and quality of milk and milk products.
(3) When the Minister has established a national milk marketing board in accordance with this section, any dairy advisory committee or all dairy advisory committees established under section 4 shall, from the date of such establishment, cease to function.
(1) Where the Minister considers it desirable so to do in order to foster the development of the milk and milk products industry, he may, by Order published in the Gazette, establish specialized bodies to engage in such commercial activities in the production or marketing of milk and milk products as he may specify in such Order.
(2) A body established under subsection (1) may be a body corporate and shall have such powers as the Minister may specify in the Order.
The Minister may appoint suitable persons to be inspectors, milk tester-graders or samplers or other officers for the purposes of this Act, who shall exercise such powers as may be specified in regulations made under this Act.
MILK AND MILK PRODUCTS (DAIRY ADVISORY COMMITTEE) (ESTABLISHMENT) ORDER
under s. 4
This Order may be cited as the Milk and Milk Products (Dairy Advisory Committee) (Establishment) Order.
2. Establishment of a Dairy Advisory Committee
A Dairy Advisory Committee for the Southern Region, to be known as the Southern Region Dairy Advisory Committee, is hereby established.
MALAWI DAIRY INDUSTRIES CORPORATION (ESTABLISHMENT) ORDER
under s. 6
This Order may be cited as the Malawi Dairy Industries Corporation (Establishment) Order.
In this Order—
“Board” means the Board of Directors of the Corporation appointed under paragraph 4.
ESTABLISHMENT AND COMPOSITION OF THE MALAWI DAIRY INDUSTRIES CORPORATION
3. Establishment of the Corporation
There is hereby established a body to be known as the Malawi Dairy Industries Corporation which shall—
(a) be a body corporate with perpetual succession and a common seal;
(b) in its corporate name, be capable of suing and being sued;
(c) be capable of holding, purchasing and otherwise acquiring and disposing of any property, moveable or immoveable, for the purposes, or in the course, of carrying out its functions; and
(d) be capable of doing and performing all such acts and things as bodies corporate may by law do and perform.
4. Board of the Corporation
The operations of the Corporation shall be managed and controlled by a Board of Directors which, subject to the special or general directions of the Minister, may exercise all the powers of the Corporation.
5. Composition of the Board
(1) The Board shall consist of—
(a) one member appointed by the Minister and designated by him as chairman of the Board;
(b) two members appointed by the Minister from the private sector, one as representative of the retail trade, and the other as representative of consumers, of dairy products;
(c) two members representing the interests of producers appointed by the Minister, one as representative of smallholder producers and the other as representative of estate producers, of dairy products;
(d) the following ex officio members—
(i) the Secretary for Agriculture or his representative;
(ii) the Secretary to the Treasury or his representative;
(iii) the Secretary to the President and Cabinet or his representative; and
(iv) the Secretary for Trade, Industry and Tourism or his representative;
(v) the Chief Veterinary Officer.
(2) A member of the Board shall, subject to the power of the Minister at any time to terminate the appointment of that member, or unless he otherwise ceases to be a member, hold office for such period, not exceeding two years, as the Minister may specify in the instrument of appointment or, if no such period is specified, for a period of two years from the date of his appointment, and shall be eligible for re-appointment.
(3) Any member of the Board may at any time resign his membership by giving notice in writing to the Minister, and from the date specified in the notice he shall cease to be a member of the Board.
(4) A member of the Board shall be paid out of the funds of the Corporation such allowance as the Minister may from time to time determine.
(5) Upon the appointment of the Board and upon every appointment thereto of a member, the Minister shall cause notice of such appointment to be published in the Gazette and such notice shall specify the current membership of the Board resultant upon such appointment.
(6) Where any member of the Board ceases to be a member before the normal expiration of the term of his office, the Minister may appoint another person in his stead to hold office until the expiry of the term.
(7) In subparagraphs (2), (3), (4), (5) and (6) of this paragraph—
“member” means a member of the Board who is not an ex officio member.
6. Procedure at meeting of the Board
(1) The Board shall meet at such times and places as may be necessary or expedient for the transaction of its business.
(2) At any meeting of the Board five members thereof shall constitute a quorum.
(3) The Board may elect any member thereof to be vice-chairman of the Board.
(4) At any meeting of the Board the chairman shall preside or, in the absence of the chairman, if a vice-chairman has been elected the vice-chairman shall preside or, if no vice-chairman has been elected or if the vice-chairman is also absent, the members present at the meeting shall elect one of their number to be chairman for that meeting.
(5) In the event of an equality of votes, the chairman of the meeting shall have a casting vote in addition to his deliberative vote.
(6) Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the Board at the next meeting and signed by the chairman of that next meeting.
(7) Subject to this paragraph and to any directions given by the Minister, the Board may regulate its own procedure.
(8) The Board may in its discretion invite any person, and the Minister may nominate any officer in the public service to attend any meeting of the Board, and such person or officer may, with the consent of the chairman of the meeting, speak but shall not be entitled to vote at that meeting.
7. Vacancies, etc., not to invalidate proceedings
Subject to the provisions of paragraph 3 relating to a quorum, the Board may act notwithstanding any vacancy in the membership thereof and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a person who purports to be a member thereof.
8. Members not deemed public officers
A member of the Board shall not, by virtue only of his membership, be deemed to be an officer in the public service or an officer of the Corporation.
9. Committees of the Board
(1) The Board may, with the consent of the Minister, establish one committee or more to carry out any special or general functions determined by the Board and may delegate to any such committee such of the functions and powers of the Board as the Board may consider expedient.
(2) The chairman of the Board shall, by reason of his office, be a member of every committee established pursuant of subparagraph (1).
(3) The chairman of each committee shall be appointed by the Board from amongst the members of the Board.
(4) Each committee may co-opt as members of such committee persons who are not members of the Board and any of such members so co-opted may or may not be officers in the public service.
(5) The chairman of each committee may, at any time and at any place, convene a meeting of the committee of which he is chairman.
(6) The Board may, at any time, direct the chairman of any committee to convene a meeting of such committee and such chairman shall, as soon as is practicable, comply with such direction.
(7) Every committee shall keep minutes of its meetings and shall inform the Board of its activities and shall conduct its proceedings in such manner as the Board may direct.
(8) The Minister may nominate any officer in the public service to attend any meeting of any committee, and that officer may take part in the proceedings of any such meeting as if he were a member of such committee, save that he shall not be entitled to vote thereat.
(9) Any member of a committee who is not an officer in the public service shall, in respect of expenses incurred by him in travelling and subsistence while discharging his duties as such member of that committee, be paid out of the funds of the Corporation, such allowances as the Board may determine and as may be, either generally or specially, approved by the Minister.
PURPOSES, FUNCTIONS AND POWERS OF THE CORPORATION
10. Purpose of the Corporation
The purpose of the Corporation shall be to foster a commercial basis—
(a) the improvement and multiplication of livestock for the production of milk and milk products;
(b) the manufacture, processing, sale and distribution of milk and milk products.
11. Functions of the Corporation
(1) The functions of the Corporation shall be to engage, on a commercial basis, in—
(a) the production of livestock for the production of milk and milk products;
(b) the processing of milk and milk products;
(c) purchasing, from smallholder and estate producers, milk of acceptable commercial standard and quality;
(d) the establishment and operation of factories and other processing and marketing infrastructure necessary for the fulfilment of its functions and for furthering the development of dairy farming as a viable economic enterprise for both smallholder and estate farmers;
(e) the processing of milk and milk products to standards suitable for human consumption;
(f) the production, marketing or otherwise disposing, within Malawi, of the Corporation’s milk and milk products, livestock and crops; and the Corporation may, with the approval of the Minister and subject to any other written law, export any quantities and such products which are surplus to demand in Malawi;
(g) the transportation of milk and milk products from designated centres and collection points to the processing factory or other processing facility; but so, however, that in carrying out this function it shall not be deemed to be the responsibility of the Corporation to develop such centres and collection points nor to subsidize the costs of such transportation to the processing facility.
(2) In the performance of its functions the Corporation shall be subject to the general or special directions of the Minister.
12. General powers of the Corporation
Subject to the provisions of the Act and to this Order and to any other written law, the Corporation shall have power for the purpose of carrying out its functions to do all such acts as appear to it to be necessary, desirable, advantageous or convenient for, or in connexion with, the carrying out of its functions or to be incidental or conducive to their proper discharge and may carry out its functions either alone or in association with any other person or body.
MANAGEMENT OF THE CORPORATION
13. General Manager and other staff of the Corporation
(1) Subject to subparagraph (2), the Board shall appoint a General Manager of the Corporation who shall be the Chief executive officer of the Corporation and shall be entitled to be present and to speak, but not to vote, at meetings of the Corporation.
(2) The appointment of the General Manager of the Corporation and the terms and conditions of his service shall be subject to the approval of the Minister.
(3) Subject to the approval of the Minister, the Board may from time to time appoint, on terms and conditions determined by the Board, such other officers, clerks and servants, subordinate to the General Manager, as it considers necessary for carrying out the functions of the Corporation.
14. Pensions and other funds
(1) The Corporation may establish and maintain pension, superannuation, provident and other funds as it may consider desirable for the provision of payments or other allowances upon death, sickness, injury, superannuation, resignation, retirement or discharge of members of its staff.
(2) The Corporation may pay money out of the revenue of the Corporation to the funds referred to in subparagraph (1) and may provide for the contribution of moneys to such funds by members of its staff.
(3) The Corporation may contract with insurance companies and other bodies for the maintenance of any funds required for the purposes of this paragraph.
15. Funds of the Corporation
(1) The funds of the Corporation shall consist of—
(a) such sums as may, from time to time, be payable to the Corporation from the moneys appropriated by Parliament for the purpose;
(b) such moneys or other assets as—
(i) shall vest in the Corporation by virtue of paragraph 22;
(ii) may accrue to or vest in the Corporation in the course of the exercise of its functions or power or otherwise;
(iii) may accrue to or vest in the Corporation by way of grants, subsidies, donations, bequests, gifts, subscriptions, rents, interest or royalties, from the Government or any other person or body;
(iv) such sums as are derived from the sale of any property, moveable or immoveable, by or on behalf of the Corporation.
The Corporation may, with prior written approval of the Minister given either generally or specially and subject to such conditions as he may impose, invest such part of its funds as are not for the time being required for the purposes of its operations.
(1) The Corporation shall keep proper accounts and other records in relation thereto and shall prepare in respect of each financial year of the Corporation a statement of accounts in a form which conforms to the best commercial standards or in a form which the Minister may otherwise direct.
(2) Subject to any directions given by the Minister for the time being responsible for Finance under section 45 of the Finance and Audit Act, the accounts of the Corporation for each financial year shall be audited and reported upon within six months after the end of that financial year by professional auditors appointed in respect of that financial year by the Board and approved by the Minister.
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