1. The Review of the Licensing Regime was conducted through consultations with the Director General and all Departments within the Coffee Industry Board (‘the CIB’):
2. The Review had its basis in law- The Coffee Industry Regulation Act, 1948 (‘CIRA’) and The Coffee Industry Regulations, 1953 (‘the Regulations’).
Purpose of Review
3. In recent years, the CIB has observed a noticeable level of inefficiency and lack of sufficient productivity in the Jamaican Coffee Industry (‘the Industry’). This is evident not only in the lack of adherence to licence conditions and reporting requirements of licensed Coffee Dealers and Works Operators, but also in the difficulties faced in traceability of the CIB’s trademarks such as the Jamaica Blue Mountain® Coffee mark.
4. The CIB’s Legal Department therefore thought that it was an appropriate time to conduct a further review of the Licensing Regime in order to ensure efficiency of the Industry through the CIB’s monitoring and regulation of the Industry.
Scope of Review
5. The Review was made in relation to the following licences and their corresponding processes:
- i) Coffee Dealer’s
- ii) Coffee Works’
- iii) Coffee Importer’s
- iv) Coffee Trade Mark User
- v) Coffee Nursery
THE 2008 LICENSING REGIME
6. Recommendations in relation to the preceding processes were formally approved by the Board in December 2008. The Revised Licensing Regime will take effect as follows:
- i) New Applicants - With immediate effect (that is, as at January 12, 2008)
- ii) Renewals- With effect from August 1, 2009
7. The Licensing Period will be as follows:
- i) Renewals- Licence call in January of the expiry year, with a period of two years for the validity of each licence (August 1 to July 31)
- ii) New Applicants- Licence Call in January, May and September of each year, with a period of validity of each licence that coincides with renewals
8. A Provisional Licence may be granted in each case at the discretion of the Board, in the event that there is an outstanding requirement that will not hinder the grant of a temporary licence. Provided that a Provisional Licence will not be granted for a period of more than one (1) year.
9. Letters indicating the grant of a Provisional Licence will be sent to the Licensee along with the Licence Certificate and Licence Conditions. Provided that no Provisional Licence will be issued for a Works Licence if there is no valid Waste and Effluent Discharge Permit/Licence from the National Environment & Planning Agency (‘NEPA Permit’). This is because the NEPA Permit relates to the appropriate facilities and measures for the disposal of waste and effluent discharge, which is at the heart of a Works Operation. The implementation of this policy will therefore be as follows:
- (i) NO Works Licence will be issued to New Applicants who do not have a NEPA Permit.
- (ii) Current Licensees have until July 31, 2009 to regularize their waste and effluent discharge status and obtain a valid NEPA Permit.