Auction of Locally Produced Fruits, Vegetables, and Flowers Centralized at National Wholesale Market

The auction of locally produced fruits, vegetables and flowers will no longer take place at markets and fairs, but will now be centralized at the National Wholesale Market.

The Mauritius Agricultural Marketing (Amendment) Bill which has just been approved by the Council of Ministers will soon be presented to the National Assembly. From now on, the auction of locally produced vegetables, fruits and flowers will no longer be carried out at markets and fairs, but at the National Wholesale Market. As a result, necessary amendments will be made to the existing law, the Mauritius Agricultural Marketing Act. In addition, this bill provides for related matters and related accessories.

From the outset, clause 2 of the main law will be amended –

a) by deleting the definitions of “item”, “auctioneer”, “license”,

“market agent” and “national wholesale market”;

b) by inserting new definitions –

“Auctioneer” means a person licensed under clause 25BB to conduct the wholesale auction of local produce at a National Wholesale Market. “Locally produced” means a vegetable, fruit or flower.

Further, changes will be made to clause 25A of the main Act. New clauses namely 25BA and 25BB will be inserted in the main text of the law.

Anyone who commits an offense will, if convicted, be liable to a fine not exceeding Rs 100,000 and to imprisonment not exceeding one year.

In relation to clause 25BB in relation to auctioneers, it is established that:

(1) No person shall engage in the wholesale sale by auction of any local product in a national wholesale market unless he or she is licensed as an auctioneer.

(2) Any person who intends to carry out the wholesale sale by auction of locally manufactured products will need to submit an application to the Commission.

(3) The Commission may grant or reject an application made under subsection (2).

(4) Where the Commission grants an application under subsection (3): it shall, upon payment of fees, approve, issue a license to the applicant.

(5) A license issued under subsection (4) –

(a) may, with the approval of the Council, be transferable to his heirs;

(b) is valid for a period of 12 months; And

(c) may be renewed for additional periods of 12 months.

Similarly, Clause 26 of the Principal Act will be repealed and replaced. Clause 26 addresses powers of entry and search.

It is stipulated that when the Commission has reasonable grounds to suspect that

law is contravened, he may authorize, in writing, one of his employees to enter and inspect, at any reasonable time –

(a) the premises, or any land or place occupied by, any producer, purchasing agent, miller, dealer or any other person; Or

b) any premises where the wholesale sale by auction of locally manufactured products is carried out.

This bill also recommends consequential amendments. As a result, the Local Government Act will be amended, in the Twelfth Schedule. New provisions will be inserted.

The Mauritius Agricultural Marketing (Amendment) Bill soon presented to Parliament