CHAPTER 130
THE STANDARDS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
part i
PRELIMINARY PROVISIONS
Section Title
1. Short title.
2.
Interpretation.
part ii
THE TANZANIA BUREAU OF STANDARDS
3. Establishment of Bureau.
4. Functions of Bureau.
5. Board.
6. Powers and duties of Board.
7. Appointment and functions of Director General.
8. Committees and sub-committee.
9. Directorates, departments and sections.
10. Register.
part iii
FINANCIAL PROVISIONS
11. Funds of bureau.
12. Loans.
13. Annual and supplementary budget.
14.
Investment.
15. Accounts and audit.
16. Director General’s report.
17. Annual statement of accounts and report to be laid before National Assembly.
part iv
ESTABLISHMENT OF STANDARDS
18. Standards mark.
19. Statements by suppliers.
20. Powers of Minister to declare standards.
21. Appeals.
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part v
PROVISIONS REGARDING FOOD
(a) Registration and Composition of Food
22. Registration of pre-packaged food.
23. Regulations regarding composition of food.
24. Prohibition on food adulteration.
25. General protection for purchasers of food.
26. Offences regarding sale, etc. of unfit food.
27. Food offered as prize.
28. Examination of food suspected to be unfit for human consumption.
29. Power to seize and dispose of carcass unfit for human consumption.
(b) Importation
30. Restriction on importation of food.
31. Application for registration of importer.
32. Restriction on movement of imported food.
(c) Milk, Milk Products and Milk Substitutes
33. Rules relating to milk, milk products and milk substitutes.
34. Milk from diseased dairy animals not to be used for consumption.
(d) Premises for Slaughter of Animals and Sale of Meat
35. Restriction on use of premises for slaughter of animals and sale of meat.
36. Regulations regarding slaughter and butchery facilities, etc.
37. Transportation of meat.
(e) Food Hygiene
38. Minister to make regulations regarding food hygiene.
39. Duty to report certain diseases and conditions.
40. Notification of food borne diseases.
part vi
COSMETICS
41. Restriction on manufacture, importation, distribution and sale of cosmetics.
42. Prohibited ingredients.
43. Prohibition of manufacture and sale of certain cosmetics.
44. Counterfeit cosmetics.
45. Power to prohibit manufacture, importation and distribution
of cosmetics in public interest.
46. Penalties against manufacture import, sell or distribution of cosmetics.
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part vii
ENFORCEMENT PROVISIONS
47. Samples, equipments and information.
48. Appointment of inspectors.
49. Powers of inspectors.
50. Compulsory commodity recall.
51. Obstruction.
52. Registration of premises.
53. General penalty.
54. Commission of an offence by body corporate.
55. Liability of employer or principal.
56. Compounding of offences.
part viii
GENERAL PROVISIONS
57. Minister may give directions to Board.
58. Protection of Government, Bureau, Board members and employees
against claims in relation to standards mark.
59. Protection of Board members and officers of Bureau.
60. Disclosure of information.
61. Prohibition of victimisation.
part ix
MISCELLANEOUS PROVISIONS
62. Regulations.
63. Fees and allowances.
64. Repeal.
SCHEDULE
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CHAPTER 130
THE STANDARDS ACT
An Act to provide for the promotion of the standardisation of specifications
of commodities and services and to guarantee their safety and quality,
to re-establish the Tanzania Bureau of Standards and to provide better
provisions for the functions, management and control of the Bureau, to
repeal the Standards Act, No. 3 of 1975 and to provide for other related
matters.1
[22nd June, 2009]
[GN. No. 309 of 2009]
Acts Nos.
2 of 2009
8 of 2019
PART I
PRELIMINARY PROVISIONS1
Short title
1. This Act may be cited as the Standards Act.
Interpretation
Act No.
8 of 2019 s. 16
2. In this Act, unless the context requires otherwise-
“Board” means the Board of the Tanzania Bureau of Standards
established by section 5;
“Bureau” means
the Tanzania Bureau of Standards
established by section 3;
“code of practice” means a set of rules relating to the
method to be applied or the procedure to be adopted in
connection with the construction, installation, designing,
manufacturing, maintenance, testing, operation or use of
any article, apparatus, instrument, device or process;
“commodity” means an article or thing which is the subject
of industry, trade or business;
1 The long title was amended by the Act No. 8 of 2019 s. 15
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“compulsory standard” means a standard which has been
declared by the Minister to be a compulsory standard
under section 20;
“cosmetic” means any article intended to be used by means
of rubbing, pouring, steaming, sprinkling, spraying on or
otherwise applied to the human body or any part thereof
for cleansing, beautifying, promoting attractiveness
altering the appearance and includes any article intended
for use as a component of a cosmetic, but excludes articles
intended for use in the diagnosis, treatment or prevention
of diseases and those intended to affect the structure or
any function of the body;
“cream” in relation to food, means part of milk, rich in fat
which has been separated by skimming or by any other
means;
“Director” means a Director of a Directorate established
pursuant to section 9;
“Director General” means the Director General appointed
under section 7;
“food” means any substance whether processed, semi-
processed or raw which
for human
consumption, and includes drinks, chewing gum or
any substance which has been used in the manufacture,
preparation or treatment of food but does not include
cosmetics, tobacco or substance used only as drugs;
intended
is
“food safety” means assurance that food will not cause harm
to the consumer when it is prepared or eaten according
to its intended use;
“human consumption” includes use in the manufacture of
food for human consumption;
“inspector” means an inspector appointed under section 48;
“ingredient” in relation to the manufacture or preparation
of a product regulated under this Act, includes anything
which is the sole ingredient or in combination of that
product as manufactured or prepared;
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Cap. 287 and
Cap. 288
“label” means any tag, brand, mark, pictorial or other
descriptive matter, written, printed, stenciled, marked,
embossed or impressed on or attached to a container of
any food or cosmetic;
“leaflet” means any written information related to food or
cosmetic product;
“local government authority” has the meaning ascribed to it
under the Local Government (District Authorities) Act
and the Local Government (Urban Authorities) Act;
“management” means the Director General, Directors of
Directorates, Heads of Departments, Heads of Sections
and any other officer appointed by the Board or the
Director General;
“manufacture” includes all operations involved in the
production, preparation, processing, compounding,
formulating, filling, refining, transforming, packing,
labeling of products
packaging, re-packaging and
regulated under this Act;
“manufacturer” means a person or a firm that is engaged in
the manufacture of products regulated under this Act;
“measurement standard” means a realisation of the definition
of a given quantity, with stated quantity value and
associated measurement uncertainty, used as a reference;
“milk substitutes” means a product manufactured using
non-milk ingredients to imitate the properties and
characteristics of milk;
“mark” includes any device, brand, heading, label ticket,
name, signature, word, letter, numeral or any combination
of them;
“Minister” means the Minister responsible for industries
and trade;
“National Measurement Standard” means measurement
standard recognised by the Bureau to serve as the basis
for assigning quantity values to other measurement
standards for the kind of quantity concerned;
“National Standard” means a standard declared by the
Minister under section 20;
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“package” in relation to any product regulated under this
Act, means any box, packet or any other article in which
one or more primary containers of products regulated
under this Act are to be enclosed in one or more other
boxes, packet or articles in question, the collective
number thereof;
“premises” includes land, buildings, structures, basements
and vessels and-
(a) in relation to any building, includes a part of a building
and any cartilage, forecourt, yard or place of storage
used in connection with building or part of that
building;
(b) in relation to “vessel”, means ship, boat, air craft, and
included as carriage or receptacle of any kind, whether
open or closed;
“product” means goods and services designed to be released
or launched in a market;
“quality product” means any product declared under this
Act to be fit for particular purpose;
“Register” means official records for national standards,
certification systems, standard marks and licences;
“sell” includes barter trade and exchange, exposure, offer
for sale and export for or in pursuance of sale, and have
in possession for any purpose of sale, export, trade or
manufacturing;
“service” means work performed as a support operation
involving non-manufactured, non-tangible and utility
provision for someone else, whose recipient is a consumer;
“slaughter facility” means a slaughter house, slaughter slab,
abattoir and any premises or place habitually used for
slaughter of animals for human consumption;
“SPS Agreement” means an agreement on the application of
sanitary and phytosanitary measures on matters related
to food safety under the World Trade Organisation;
“specification” means a description of any commodity
by reference to its nature, quality, strength, purity,
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composition, quantity, dimensions, weight, grade,
durability, origin, age or other characteristics or to any
substance or material of or with which, or the manner in
which, any commodity may be manufactured, produced,
processed or treated;
“standard” means set of rules or conditions prescribing,
recommending or relating to the state of being of a matter or
thing as universally recognised for common and repeated
use, rules, guidelines or characteristics for activities or their
results, aimed at achieving an optimum degree of order in
a given context including other recommendations made by
the Bureau, relating to or governing the specification, code
of practice, safety, trade description, sampling method,
testing method or any other aspect, quality, nature or
matter relating to or connected with-
(a) the production or marketing of any commodity or
services; or
(b) any component, raw material, machinery, instrument,
apparatus or other thing used directly or indirectly,
in the production or marketing of any commodity
or service, and includes, in relation to metrology,
provisions approved or prescribed by the Bureau
relating to the fundamental unit or physical constant
and the testing of instruments and apparatus used for
the determination of weights and measures;
“standardisation” means an act or activity of establishing,
with regard to actual or potential problems, provisions for
the common and repeated use and includes the process
of formulating, issuing and implementing standards,
aimed at achieving an optimum degree of order in a given
context;
“standards mark” means a mark which has been approved and
registered by the Bureau as a mark denoting conformity
to a given standard;
“TBT Agreement” means an agreement on standardisation,
conformity assessment, testing and metrology under the
World Trade Organisation; and
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“unfit product” means a product regulated under this Act,
which violates any provision of this Act.
PART II
THE TANZANIA BUREAU OF STANDARDS
Establishment of
Bureau
3.–(1) There is re-established the Tanzania Bureau of Standards.
(2) The Bureau shall be the custodian and an overseer of
observance of standards in Tanzania.
(3) The Bureau shall be a body corporate and shall have
perpetual succession and a common seal and may sue and be
sued in its corporate name.
(4) The Bureau may, for the purpose of performance of its
functions, take, purchase, acquire, charge, hold and dispose of
movable and immovable property and enter into contracts or
other transactions which may lawfully be done or performed
by a body corporate.
Functions of
Bureau
Act No.
8 of 2019 s. 17
4.–(1) Subject to any direction of a general nature which
the Minister may give under section 57, the functions of the
Bureau shall be to-
(a) undertake measures for quality control of commodities,
services and environment of all descriptions and to
promote standardisation in industry and trade;
(b) make arrangements or provide facilities for the testing
and calibration of precision instruments, gauges and
scientific apparatus, for the determination of their
degree of accuracy and traceability by comparison
with standards approved by the Minister on the
recommendation of the Board, and for the issue of
certificates in regard to them;
(c) make arrangements or provide facilities for the
examination and testing of commodities and any
material or substance from or with which, and
the manner in which, they may be manufactured,
produced, processed or treated;
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(d) approve, register and control the use of standard marks
in accordance with the provisions of this Act;
(e) grant, renew, suspend, vary or cancel any licence issued
for the use of any standards mark;
(f) assist industries in setting-up and enforcing quality
assurance and environmental management systems
procedures;
(g) prepare, frame, modify or amend National Standards;
(h) encourage or undertake educational work in connection
with standardisation quality assurance, metrology,
testing and environment;
(i) assist the Government or any other person in the
preparation and framing of standards;
(j) co-operate with other Government
agencies,
representatives of any industry or any other statutory
corporation or person with a view to securing the
adoption and practical application of standards;
(k) provide for the inspection, sampling and testing of
locally manufactured and imported commodities with
a view to determine whether the commodities comply
with the provisions of this Act or any other law dealing
with standards relevant to those commodities;
inspect and register premises in accordance with the
provisions of this Act;
(l)
(m) certify and register food, food products and cosmetics
regulated under this Act;
(n) act as the custodian of the National Measurement
Standards of weights and measures and from time to
time adjust, replace or cancel any standards where the
adjustment, replacement or cancellation is necessary
for the maintenance of conformity to the international
standards;
(o) be the signatory of the mutual recognition arrangement
with other national metrology institutes;
(p) collect, publish and disseminate literature and other
materials on standardisation and other related subjects
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and to provide facilities for the members of the public
to have access to the materials;
(q) carry-out, promote or assist
research or
in
standardisation and related subjects;
(r) participate in, or to make arrangements for conferences,
workshops, seminars and discussions on matters
connected with the activities of the Bureau;
(s) co-operate with
international
regional
organisations in all matters related to standardisation
and quality assurance and represent the country in
such matters;
and
(t) publish from time to time an updated version of a
National Standard for the quantities and units of
measurement to be used, which shall be in conformity
with the latest version of the International System of
Units;
(u) undertake pre-shipment verification
conformity
(PVoC) to standards; and
(v) do all other acts and things, and enter into any
transactions, which are, in the opinion of the Board,
expedient or necessary for the proper and efficient
discharge of the functions of the Bureau.
(2) In the performance of its functions the Bureau shall-
(a) have regard to the health, safety, environment and
general welfare of the people of the United Republic; and
(b) maintain, as far as may be practicable, a system
of consultation and co-operation with any body
established by or under any written law and having
functions similar to those specified in subsection (1) or
having functions relating to industrial or commercial
standards generally.
(3) Notwithstanding the existence of any other standard,
the standards declared by the Minister shall prevail over any
other existing standards.
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Board
5.–(1) There shall be a Board of Directors of the Bureau.
(2) The provisions of the Schedule to this Act shall have
effect as to the composition, appointment and termination of
members, proceedings and other matters relating to the Board.
(3) The Minister may, by order published in the Gazette,
amend, vary, alter or replace all or any of the provisions of the
Schedule to this Act.
Powers and duties
of Board
6.–Subject to the provisions of this Act, the management and
control of the Bureau shall vest in the Board.
(2) In particular and without prejudice to the generality of
subsection (1), the Board shall have powers to-
(a) administer properties of the Bureau, both movable and
immovable;
(b) administer the funds and other assets of the Bureau;
(c) signify acts of the Bureau by using official seal;
(d) on behalf of the Bureau, receive gifts, fees, donations,
grants or other moneys;
(e) subject to the provisions of this Act, appoint officers of
the Bureau which the Board may consider necessary;
(f) establish subsidiary organisations or agencies to
undertake specialised services related to standardisation
and quality assurance activities; and
(g) do all acts and things which may be provided for in this
Act or as may, in the opinion of the Board, be necessary
or expedient for the proper discharge of the functions
of the Bureau.
Appointment
and functions of
Director General
7.–(1) There shall be a Director General of the Bureau who
shall be appointed by the President.
(2) The Director General shall be the Chief Executive of the
Bureau and Secretary to the Board.
(3) The Director General shall form technical committees
charged with formulation of universally applicable standards
in various sectors of the economy.
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Committees and
sub-committee
8.–(1) The Board may appoint committees and sub-committees
as it considers necessary consisting of its members, co-opted
members or both to-
(a) perform any function of the Board assigned to the
Committee or sub- committee;
(b) advise the Board on a matter referred to the Committee
or sub-committee.
(2) The provisions of the Schedule to this Act, other than
the provisions which relate to the composition of the Board
shall apply mutatis mutandis in relation to the committees and
sub-committees appointed under this section.
(3) Notwithstanding subsection (2), the Board may by,
directions in writing, in relation to any Committee or sub-
committee, disapply all or any of the provisions of the Schedule
to this Act or modify the same in such manner as may be
specified in such direction.
Directorates,
departments and
sections
9. The Board shall establish such number of directorates,
departments and sections as may be necessary and proper for
the performance of the functions of the Bureau.
Register
10. There shall be a Register for National Standards, standard
marks, certification systems and licences into which all matters
relating to standards referred to under this Act shall be entered.
PART III
FINANCIAL PROVISIONS
Funds of bureau
11. The funds of the Bureau shall include-
(a) money appropriated by Parliament;
(b) any funds or assets which may vest in or accrued to the
Bureau from other sources;
(c) gifts, grants, donations or otherwise;
(d) any fee, levy or charge determined and approved by the
Minister responsible for finance; and
(e) loans granted by the Government or by any other
person or body.
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Loans
Annual and
supplementary
budget
12. The Board may, with the prior approval of the Minister
responsible for finance, borrow for the purposes of the Bureau
by way of loan, overdraft or otherwise such sums of moneys as
may be required to meet current obligations or performance of
its functions under this Act or other relevant law.
13.–(1) In this Act “financial year” means the financial year of
the Government.
(2) Not less than two months before the beginning of any
financial year, other than the first financial year, the Board
shall, at its meeting specially convened for that purpose, pass
a detailed budget, in this Act called “the annual budget” of the
amounts respectively-
(a) expected to be received; and
(b) expected to be disbursed,
by the Bureau during that financial year.
(3) Where, in any financial year, the Board requires to make
any disbursement not provided for or of an amount in excess
of the amount provided for in the annual budget for that year,
the Board shall, at a meeting, pass a supplementary budget
detailing the disbursement.
(4) The annual budget and every supplementary budget
shall be in the form and include the details which the Minister
may direct.
(5) Forthwith upon passing any annual budget or any
supplementary budget, the Board shall submit the same to the
Minister for his approval.
(6) The Minister shall, upon receipt of the annual budget
or any supplementary budget, approve or disapprove the same
or may approve subject to any amendment which he may
deem fit.
(7) Where the Minister has approved any annual budget
or any supplementary budget, the budget or as the case may
be, the supplementary budget, shall be binding on the Board
and the Board shall, subject to the provisions of subsection (8),
confine the disbursements within the items and the amounts
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contained in the budget or supplementary budget as approved
by the Minister.
(8) The Board may-
(a) with the sanction in writing by the Minister, make
disbursement that has not been provided for in the
budget;
(b) from the amount of expenditure provided for in any
budget in respect of any item, transfer a sum not
exceeding fifty million shillings to any other item
contained in the budget;
(c) adjust expenditure
to
limits
take account of
circumstances not reasonably foreseeable at the time
the budget was prepared, subject to submitting a
supplementary budget to the Minister within two
months of the alteration of expenditure limits becoming
necessary.
Investment
Cap. 53
Accounts and
audit
14. With prior approval of the Minister, the Board may, invest
the funds of the Bureau in investments authorised by the
Trustees Investments Act for the investment of any trust fund.
15.–(1) The Board shall keep books of accounts and proper
records in relation to them and in the form approved by the
Controller and Auditor-General.
(2) Within six months of the close of each financial year
the Board shall cause the accounts including the balance sheet
of the Bureau to be audited by the Controller and Auditor-
General.
(3) As soon as the accounts of the Bureau have been audited,
and in any case not later than six months after the close of the
financial year, the Board shall submit to the Minister a copy of
the audited accounts together with a copy of the report made
by the Controller and Auditor-General.
(4) The audited accounts shall be placed before a meeting of
the Board and, if adopted by the Board, shall be endorsed with
a certificate that it has been so adopted.
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Director General’s
report
16. The Director General shall, at the end of each financial year,
prepare a report on the activities of the Bureau and submit that
report to the Minister after approval by the Board.
Annual statement
of accounts and
report to be laid
before National
Assembly
17. The Minister shall, as soon as may be practicable after the
close of a financial year, lay before the National Assembly the
following documents in relation to that financial year-
(a) a copy of the audited accounts of the Bureau;
(b) a copy of the Controller and Auditor-General’s report,
if any; and
(c) a copy of the Director General’s report.
Standards mark
Cap. 326
PART IV
ESTABLISHMENT OF STANDARDS
18.–(1) The Minister may, on the recommendation of the
Bureau and subject to the provisions of subsections (2) and
(3), by notice published in the Gazette, declare any mark which
has been approved by the Bureau in respect of any standard
prescribed or recognised by the Bureau for any commodity or
the manufacturing, production, processing or treatment of any
commodity, to be a standards mark in respect of it and may, in
like manner, cancel or amend that mark.
(2) The notice shall contain information with regards to
the relevant standard or its amendment which the Minister
considers necessary.
(3) No mark which is identical with any trade mark
registered in respect of any commodity in accordance with the
Trade and Service Marks Act or resembling that mark as to be
likely to be mistaken for it, shall be declared to be a standards
mark in respect of that or any similar commodity, or in respect
of the manufacturing, production, processing or treatment of
that or any similar commodity, and no mark identical with a
mark which has been duly declared to be a standards mark, or
resembling that mark as to be likely to be mistaken for it, shall
be registered as a trade mark under that Act in respect of any
commodity.
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(4) After the coming into operation of a notice made
pursuant to subsection (1), a person shall not apply any
standards mark mentioned in that notice to any commodity
except under a licence issued by the Bureau or a person acting
under its authority and unless that commodity complies with
the relevant standard or has been manufactured, produced,
processed or treated in accordance with the standard.
(5) A person who-
(a) applies a standards mark to any receptacle or cover
of any commodity or to any label attached to any
commodity or any receptacle or its cover; or
(b) places or encloses any commodity in a receptacle or
cover to which a standards mark has been applied or
in a receptacle or cover to which is attached a label to
which that mark has been applied,
shall, for the purposes of subsection (4), be deemed to have
applied that standards mark to that commodity.
(6) The issuance of licence under subsection (4) shall be
in the discretion of the Bureau or the person acting under its
authority, and the licence may be issued subject to conditions
to be specified in it and subject to the payment of any fees
which may be prescribed.
(7) The Bureau may at its discretion revoke or suspend
any licence issued under this section or vary any condition
attached to any licence.
(8) Any person who contravenes subsection (4) or any of
the conditions specified in a licence issued to him, commits
an offence.
19. Every person who is required to make a statement in a
contract, tender, quotation or other similar document as to the
question whether the commodity offered or supplied by him
complies with or has been manufactured in accordance with
a particular National Standard, shall make such a statement
provided compliance therewith has been verified by the
Bureau.
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Statements by
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Powers of
Minister to
declare standards
20.–(1) The Minister may, on the recommendation of the
Bureau and subject to the provisions of this section, by notice
published in the Gazette-
(a) declare a standard for any commodity or for the
manufacturing, production, processing or treatment
of any commodity to be a compulsory standard in
relation to it with effect from a date specified in the
notice being a date not less than two months after the
date of its publication;
(b) declare any standard, specification or code of practice
prescribed by the Bureau to be a National Standard;
(c) amend or repeal any compulsory standard or National
Standard in the manner prescribed in this section; and
(d) prescribe a standards mark for any commodity which
complies with a compulsory standard or which has
been manufactured, produced, processed or treated
in accordance with that standard and may cancel or
amend that standard mark.
(2) The Bureau shall, at least two months before making any
recommendation for the purposes of subsection (1)(a), publish
in the Gazette, a preliminary notice setting out the precise
purpose of the recommendation proposed and shall call upon
all interested persons to lodge any objection in writing with
the Bureau in the manner and within the time prescribed.
(3) Every person who has lodged an objection in accordance
with the provisions of subsection (2) shall be entitled to appear
before the Bureau and be heard, either personally or through
a representative, at the time and place which the Bureau
shall determine, and publication of the relevant notice under
subsection (1)(a) shall not take place if any such objection is
upheld or until after every objector has had an opportunity to
be heard and the reasons for the rejection of the objection have
been furnished in writing to that objector or his representative.
(4) Where an objector or his representative under subsection
(2) has failed to appear before the Bureau in accordance with
subsection (3), the Bureau shall, before determining the matter,
consider the objection lodged in writing by the objector.
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(5) Every notice published by virtue of this section
shall contain full particulars of the relevant standard or its
amendment.
(6) Whenever the Minister has declared a standard to be a
compulsory standard, a person shall not sell the commodity
to which the standard relates after the date specified unless
it complies with that standard or has been manufactured,
produced, processed or treated in accordance with that
standard.
(7) After a standards mark has been prescribed in accordance
with the provisions of subsection (l)(c), a person shall not apply
that mark to any commodity except under and by virtue of a
licence issued to him under this Act and unless that commodity
or its manufacturing, production, processing or treatment
complies with the compulsory standard relative to it.
(8) A person who contravenes any of the provisions of
subsection (6) or (7), commits an offence.
(9) The provisions of section 18(3) and (5) shall apply with
reference to a standard mark prescribed under subsection
(1) and the provisions of section 18(6) and (7) shall apply
respectively to the issuance of a licence and a licence issued
under this section.
(l0) Where a person is charged with contravening the
provisions of subsection (6), it shall be a good defence for
him to prove to the satisfaction of the court that he had no
knowledge nor any reasonable means of ascertaining whether
before or at the time of sale, that the commodity specified in
the charge did not comply with the standard relating thereto.
Appeals
21.–(1) A person who is aggrieved by-
(a) the refusal of the Bureau to issue a licence;
(b) any condition attached to a licence; or
(c) the variation, cancellation or suspension of any licence,
may, within fourteen days of the notification of the act
complained of being received by him, appeal in writing to the
Minister who shall, within ninety days, either confirm, set
aside or vary the decision complained of.
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Registration of
pre-packaged
food
Act No.
8 of 2019 s. 18
Regulations
regarding
composition
of food
Act No.
8 of 2019 s. 18
(2) A person who is dissatisfied by the decision of the
Minister may prefer an appeal to the Commercial Division of
the High Court.
PART V
PROVISIONS REGARDING FOOD2
(a) Registration and Composition of Food
22.–(1) A person shall not manufacture, import, distribute,
sell or expose for sale pre-packaged food unless that food or
food product has been registered by the Bureau.
(2) An application for registration of pre-packaged food
or food product shall be made to the Bureau in a prescribed
manner together with the prescribed application fees.
(3) The Bureau shall register any pre-packaged food or food
product if it is satisfied that, the food or food product complies
with prescribed standards and the manufacturing operations
for such food complies with the prescribed current Good
Manufacturing Practice requirements.
(4) The Bureau may charge any applicant such costs as it may
incur for the purposes of carrying out Good Manufacturing
Practice as prescribed by
the CODEX Almentarious
Commission, inspection or laboratory investigations prior to
registration of any pre-packaged food or food product.
[s. 21A]
23.–(1) The Minister may, after consultation with the Bureau,
make regulations prescribing standards to be complied with
by manufacturers with regard to the composition of food or its
microbiological or chemical or physical standards.
(2) Without prejudice to the generality of the power conferred
by subsection (1), the Minister may in the regulations-
(a) require, prohibit or regulate the addition to food or
extraction from it of any specified substance or any
2 Part V was introduced by Act No. 8 of 2019, s. 18.
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substance of any specified category, or the use of any
substance as an ingredient in the manufacture or
preservation of that food;
(b) prohibit, restrict or regulate the importation, manufacture
or sale, possession for sale, offer or exposure for sale
or the consignment or delivery of food or any of its
ingredients which do not comply with the regulations;
(c) prohibit or regulate the importation of any food which,
in his opinion, is or may be prejudicial to public health;
importation,
exportation or use of any specified materials, or
materials of any specified category, in the manufacture
of apparatus or utensils intended for use in the
manufacture or preservation of food;
(d) prohibit,
restrict or
regulate
the
Prohibition on
food adulteration
Act No.
8 of 2019 s. 18
(e) prescribe or provide for methods of analysis for the
purpose of ascertaining the presence in any food, or
the absence from it, of any specified substance or the
quantity of any substance present in any food.
(3) Upon making regulations under this section, the
Minister shall have regard to the desirability of restricting,
so far as is practicable, the use in the manufacture of food or
substances of no nutritional value as foods.
[s. 21B]
24.–(1) A person shall not, with intent to cause food to be sold
for human consumption-
(a) add any substance to the food, use any substance as an
ingredient of that food in its manufacture or abstract
any constituent from it;
(b) subject the food to any other process or treatment so as,
in any such case, to produce food of a quality below the
prescribed standard, whether or not that food becomes
injurious to health; or
(c) if that food does not comply with requirements
prescribed by the Bureau.
(2) Subject to this section, a person shall not distribute, sell
or offer, expose or advertise for sale for human consumption or
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have in his possession for the purpose of distribution or sale,
any food manufactured in contravention to subsection (1).
(3) Where, in proceedings for an offence under this section,
it becomes necessary to determine whether or not any article
of food is injurious to health, regard shall be not only to the
probable effect of that article or on the health of a person
consuming it, but also to that probable cumulative effect
of articles of substantially the same on the health a person
consuming those articles in ordinary quantities.
[s. 21C]
25.–(1) A person who sells any food which is not of the nature,
substance or quality of the food demanded by the purchaser
commits an offence.
(2) Where regulations made under section 23, contains
provisions prescribing the composition of, or prohibiting or
restricting the addition to any food or the extraction from
it, of any substance, a purchaser of the food shall, unless the
contrary is proved, be deemed for the purposes of subsection
(1), to have demanded a food complying with the provisions
of the regulations.
(3) In any proceedings for an offence under subsection (1)
it shall not be a defence for the defendant to allege that the
purchaser bought for analysis or examination and therefore
was not prejudiced.
(4) In this section, references to sale shall be construed to
sale for human consumption.
[s. 21D]
26.–(1) A person who-
(a) distributes, sells or offers or has in his possession for the
purpose of distribution, sale or manufacture for sale; or
(b) deposits with or consigns to, any person for the
purpose of distribution or sale or manufacture for
distribution or sale any food intended, but unfit for
human consumption,
commits an offence.
508
General
protection for
purchasers of
food
Act No.
8 of 2019 s. 18
Offences
regarding sale,
etc. of unfit food
Act No.
8 of 2019 s. 18
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[CAP. 130 R.E. 2023]
Food offered as
prize
Act No.
8 of 2019 s. 18
Examination of
food suspected
to be unfit
for human
consumption
Act No.
8 of 2019 s. 18
(2) Where any food in respect of which an offence under
subsection (1)(a) has been committed, if the unfit food or food
products was distributed or sold to the offender by some other
person, that other person commits an offence.
[s. 21E]
27.–(1) The provisions of sections 26 and 28 shall apply in
relation to-
(a) any food intended for human consumption which
is prize, reward or donation in connection with any
to which the public are admitted, whether or not for
money, as if such food were or had been exposed for
person in the organisation of the entertainment;
(b) any food intended for human consumption which
is prize, reward, donation or given away for the
advertisement, or in furtherance of any trade or
business, food were or had been exposed for sale by the
person giving it away;
(c) any food intended for human consumption which is
deposited in any premises for the purpose of being
given away as if the food were, or had been, exported
for sale by the occupier of the premises.
(2) In this section, the expression “entertainment” includes
any social gathering, amusement, exhibition, performance,
game, sport, lottery or trial of skill.
[s. 21F]
28.–(1) An inspector may, at all reasonable times, examine
any food intended for human consumption which has been
distributed, sold or is offered or exposed for sale or is in the
possession of, or has been deposited with or consigned to, any
person for the purpose of distribution or sale or manufacture
for sale, if it appears to him to be unfit for human consumption,
may seize it and remove it in order to have it dealt with in a
manner provided for in this Act.
(2) An inspector who seizes any food under subsection
(1) shall inform the person in whose possession the
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food was found of his intention to have it diagnosed in a
described manner.
(3) Where it appears to the inspector that any perishable
food examined by him is unfit for human consumption, he
shall condemn the food and order destruction of the same or
dispose of in a prescribed manner.
(4) Where it appears to the inspector that any non-perishable
food examined by him is unfit for human consumption, he shall
take that food to the court for further action, and if the court
is satisfied that, that food is unfit for human consumption, the
court shall condemn the food and order its destruction in a
prescribed manner, and if the court is not satisfied that the
food is unfit for human consumption, it may order for further
actions to be taken.
(5) Where the court orders for the destruction or disposal
of any food which has been declared unfit for human
consumption, that destruction or disposal shall be done at the
owners cost.
[s. 21G)
29.–(1) An inspector may seize, and cause to be disposed of in
such manner as he may think fit, the carcass or any part of the
carcass of any animal received into a butchery facility or cold
stores for the purpose of sell for human consumption which
on examination is found to be diseased or unfit for human
consumption, and compensation shall not be payable to the
owner of that carcass or any part of it.
(2) Where, in pursuance of subsection (1), any carcass or a
part of it is seized by an inspector, he shall, before causing it to
be disposed off record or cause to be recorded-
(a) a description or other particulars as will suffice to
identify the carcass or part of it; and
(b) the grounds upon which the seizure was effected.
(3) For the purpose of this section, the inspector may deal
with poultry, game and fish in the same manner as if the
poultry, game and fish were carcasses or animals for slaughter.
[s. 21H]
510
Power to seize
and dispose of
carcass unfit
for human
consumption
Act No.
8 of 2019 s. 18
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[CAP. 130 R.E. 2023]
(b) Importation
Restriction on
importation of
food
Act No.
8 of 2019 s. 18
30.–(1) A person shall not, on or after the appointed day, carry
on the business of an importer of food unless he is registered
by the Bureau under section 31 as an importer of food.
(2) The Bureau shall cause to be kept and maintained in the
Application for
registration of
importer
Act No.
8 of 2019 s. 18
prescribed manner a Register containing-
(a) the name of every registered importer of food;
(b) the date of registration;
(c) the kind or kinds of food in respect of which he is
registered as an importer;
(d) chemical composition, microbiological and physical
status of the food he imports; and
(e) such other particulars as the Bureau may, prescribe.
(3) The provisions of section 31 shall be complied with
by every person registered as an importer of food on every
occasion he proposes to import food which was not included
in his original application for registration.
[s. 21I]
31.–(1) Every application for registration as an importer of
food shall be addressed to the Director General and shall be in
a prescribed form and manner.
(2) Upon receipt of an application for registration, the
Director General shall, as soon as is practicable, proceed to
consider the application and grant registration if he is satisfied
that-
(a) the composition of the food proposed to be imported
is not of a quality below the specifications prescribed
under this Act;
(b) importation and consumption of the food proposed
would enhance or contribute in any other way to the
national effort to improve the nutritional status of the
people of Tanzania; or
(c) the food or its products and practices related thereto
does not in any way contravene the provisions of this
Act.
[s. 21J]
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Restriction on
movement of
imported food
Act No.
8 of 2019 s. 18
Rules relating
to milk, milk
products and
milk substitutes
Act No.
8 of 2019 s. 18
32.–(1) Without prejudice to any power of examining food
conferred by this Part, a person authorised in writing in
that behalf by the Bureau may give directions to the person
in possession of any food which is imported for human
consumption, prohibiting or restricting its removal or
delivery-
(a) during any period of not more than seventy-two hours;
and
(b) if within that period the authorised person so
requires, until that person has notified the authorised
person of the name of the person to whom, and the
address to or at which, he proposes to send or deliver
that food.
(2) A person who fails to comply with any direction given
under subsection (1) or who, in a notification under that
subsection, knowingly makes any false statement, commits an
offence.
[s. 21K]
(c) Milk, Milk Products and Milk Substitutes
33.–(1) The Minister may, after consultation with the Bureau
and other institutions dealing with matters related to milk,
milk products or milk substitutes and with such other person
as he may determine, make rules for purposes of-
(a) regulating the addition to milk intended for human
consumption, any water or colouring matter, or any
dried or condensed milk or liquid reconstituted from
condensed milk;
(b) regulating the extraction of any matter or substance
from milk intended for distribution or sale for human
consumption; and
(c) regulating in any other way the composition and other
dealings in milk, milk products and milk substitutes.
(2) Rules made under this section shall be published in the
Gazette.
[s. 21L]
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Milk from
diseased dairy
animals not
to be used for
consumption
Act No.
8 of 2019 s. 18
34.–(1) A person shall not-
(a) sell, offer or expose for sale, for human consumption;
(b) use in the manufacture of food for sale for human
consumption, the milk of any dairy animal which to
his knowledge has tuberculosis or is suffering from
emaciation due to tuberculosis or from tuberculosis of
the udder or any infection of the udder or teat which
is likely to convey diseases, or from any comatose
condition, any septic condition of the uterus, anthrax
or any other zoonotic diseases so diagnosed; or
(c) sell, offer or expose for sale or use in the manufacture
of food for human consumption the milk from any
treated dairy animal during its withdrawal period.
(2) A person who contravenes this section commits an offence.
(3) In any proceedings under this section, an accused
person shall be deemed to have known that a dairy animal was
diseased, if he could with reasonable diligence have ascertained
that fact.
[s. 21M]
(d) Premises for Slaughter of Animals and Sale of Meat
Restriction on
use of premises
for slaughter of
animals and sale
of meat
Act No.
8 of 2019 s. 18
35.–(1) A person shall not use any premises for slaughter of
animals or cause or permit any animal to be slaughtered with
intent to supply, sell, offer or expose for sale meat for human
consumption, unless that premises is registered by the Bureau.
(2) A person who contravenes any of the provisions of this
Act, commits an offence.
[s. 21N]
Regulations
regarding
slaughter
and butchery
facilities, etc.
Act No.
8 of 2019 s. 18
36.–(1) The Minister shall, on advice of the Director General
after consultation with the Minister responsible for livestock
development, make regulations relating to premises for the
slaughter of animals or birds and sale of meat for human
consumption and may, by such regulations-
(a) prescribe the methods, instruments or appliances
which may be used to carry out slaughtering;
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(b) provide for and regulate the inspection of slaughter and
butchery facilities to determine whether or not they are
suitable for the intended purpose;
(c) provide for the disposal, treatment or processing of
waste matters, refuse and by-products resulting from
the slaughtering of animals or birds in slaughter houses;
(d) prescribe places and circumstances in which an animal
or bird may be slaughtered in a place other than a
slaughter house, and any action or actions to be taken
in the event of every such slaughter;
(e) prescribe the manner in which carcasses and viscera
are to be marked or labelled upon their being detained
or seized in accordance with regulations made under
this Act;
(f) regulate treatment and disposal of any animal, carcass
or viscera, or any part of them, in relation to which a
breach of this Act has been committed and the offender
convicted;
(g) prescribe or provide for any matter in relation to
slaughter and slaughter facilities which appears to him
to be necessary for the proper maintenance of quality
standards in respect of meat intended for human
consumption.
(2) Regulations made under this section may require acts
or things to be done to the satisfaction of a prescribed person
and may empower a prescribed person to issue directions to
any other person requiring acts or things to be done, imposing
conditions and prescribing periods and dates upon, within
or before which such acts or things shall be done or such
conditions shall be fulfilled.
(3) A regulation made under this section relating to any
slaughter facility shall not be so framed or construed as to deny
to any religious community reasonable facilities for obtaining
food, the flesh of animals or birds slaughtered by the method
specially required by their religion.
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Caps. 120 and 156
Transportation of
meat
Act No.
8 of 2019 s. 18
(4) The Bureau shall, for the purpose of performing its
functions under Sub-Part (d) of this Part, establish and
maintain a system of consultation and cooperation with any
person or body of persons, whose functions are related to
those of the Bureau or whose participation or collaboration in
the work of the Bureau is likely to advance the better and more
effective furtherance of the objects specified under Sub-Part
(d), and in particular the institutions responsible for the Hide,
Skin and Leather Trade Act and the Animal Diseases Act.
[s. 21O]
37.–(1) Subject to subsection (2), a person shall not convey
or cause to be conveyed any meat or meat product from a
slaughter facility or cold store in any vehicle unless such vehicle
has been approved in writing for that purpose by the Bureau.
(2) The provision of subsection (1) shall not apply to the
transportation of meat or meat products in hermitically sealed
containers or in other containers of a type approved by the
Bureau.
(3) The Bureau or as the case may be, an inspector designated
for that purpose by the Bureau, may refuse to approve any
vehicle, tray or load-carrying part of which is not covered or
which has no proper provisions for preventing contamination
or which is considered for any other reason to be unsuitable
for the carriage of meat or meat products.
(4) Where at any time the Bureau considers that any vehicle
approved under subsection (1) has ceased to be suitable for
carrying meat or meat products, it may revoke the approval of
that vehicle.
(5) A person who contravenes the provisions of this
section, commits an offence, and on conviction shall be liable
to a fine of not less than one hundred thousand shillings or
to imprisonment for a term not exceeding three months or
to both.
[s. 21P]
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[CAP. 130 R.E. 2023]
Minister to make
regulations
regarding food
hygiene
Act No.
8 of 2019 s. 18
(e) Food Hygiene
38.–(1) The Minister may, after consultation with the Bureau,
make regulations designed to secure the observance of sanitary
and cleanly conditions and practices and wholesome methods
in connection with-
(a) the sale of food for human consumption; and
(b) the manufacture,
storage, packaging,
transport,
marking, exposure for sale, service or delivery of food
intended for human consumption.
(2) Without prejudice to the generality of the power conferred
by subsection (1), the Minister may make regulations-
(a) prohibiting, restricting or regulating the sale, or storage,
possession or exposure;
(b) impose requirements as to the construction, layout,
drainage,
cleanliness,
equipment, maintenance,
ventilation and extraction of fumes or heat, lighting,
water supply and use of premises in, at or from which
food for human consumption is manufactured or
stored or sold, offered or exposed for distribution or
sale;
(c) imposing requirements as to the provision, maintenance
and cleanliness of sanitary and washing facilities in
connection with those premises, the disposal of refuse
and the maintenance and cleanliness of apparatus,
equipment, furnishings and utensils used in such
premises, and in particular, the regulations may impose
requirements that every sanitary convenience situated
in such premises be supplied with water through a
suitable flushing appliance;
(d) prohibiting or restricting spitting on or, in any other way,
littering premises where food for human consumption
is manufactured or stored, or sold, offered or exposed
for distribution or sale;
(e) imposing requirements as to the clothing to be worn by
persons engaged to work in the house premises;
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[CAP. 130 R.E. 2023]
Duty to report
certain diseases
and conditions
Act No.
8 of 2019 s. 18
(f) requiring the periodic medical examination of persons
engaged in those premises or a category of them, the
immunisation of those persons against any special
disease and prohibiting the employment or continued
employment of any of them found to be suffering from
any special disease or any specified disease.
(3) Regulations made under this section shall be published
in the Gazette.
[s. 21Q]
39.–(1) Every person who works in direct contact of food in
food processing and handling operations and who-
(a) is suffering from a septic sore, diarrhoea, chronic cough
on septic sore throat; or
(b) to his knowledge is suffering from, or is a carrier of
typhoid or paratyphoid fever, any salmonella infection,
dysentery or any staphylococcal infection liable to
cause food poisoning,
shall not be allowed to handle food and shall be required to
take necessary measures including seeking medical attention
and reporting the matter to the employer where applicable.
(2) Upon being informed of the circumstances specified in
subsection (1), every employer or occupier shall forthwith stop
the employee from handling food and cause such employee to
be attended by a medical practitioner and shall keep records
related to such incidence.
(3) The employer shall, without delay, be required to notify
the Bureau.
[s. 21R]
Notification
of food borne
diseases
Act No.
8 of 2019 s. 18
40.–(1) Where a medical practitioner or any other person
becomes aware, or suspects, that a patient under his care is
suffering from food poisoning, he shall, without delay, send to
the Medical Officer of health of the area in which the patient
ordinarily resides, a report stating-
(a) the name, age and sex of the patient, and the address of
the residence of that patient; and
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[CAP. 130 R.E. 2023]
(b) particulars of the food poisoning from which the
patient is, or is suspected to be suffering.
(2) Upon receipt of the report, the medical officer of health
shall immediately take all necessary measures to investigate
and prevent or put to stop occurrences of food poisoning
within the area under his jurisdiction and report such actions
and measures to the Bureau in a prescribed manner.
(3) Subject to subsection (2) of this section and 39(3),
the Bureau shall prescribe a manner in which food borne
incidences shall be reported.
[s. 21S]
PART VI
COSMETICS3
Restriction on
manufacture,
importation,
distribution and
sale of cosmetics
Act No.
8 of 2019 s. 18
Prohibited
ingredients
Act No.
8 of 2019 s. 18
41. Cosmetics shall not be sold, given, manufactured, imported,
stored or exhibited for the purpose of being sold or given
unless the cosmetic conforms to requirements prescribed by
the Bureau.
[s. 21T]
42.–(1) Whenever the Bureau considers it necessary or
desirable in the public interest that any ingredient should
be declared to be prohibited, the Minister may, on advice of
the Director General and by notice in the Gazette, declare
such ingredient to be a prohibited ingredient and may in like
manner amend or revoke such notice.
(2) Except as otherwise prescribed in the regulations, a
cosmetic shall not contain any prohibited ingredients.
(3) Only approved substances may be used to colour
cosmetics.
[s. 21U]
3 Act No. 8 of 2019, s. 18.
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Prohibition of
manufacture and
sale of certain
cosmetics
Act No.
8 of 2019 s. 18
43. A person shall not, himself or by any other person on his
behalf-
(a) sell, supply or distribute cosmetics that contain
poisonous or harmful substances that might injure
users under normal conditions;
(b) manufacture or hold cosmetics under insanitary
conditions, using non-permitted colours, or including
any filthy, putrid or decomposed substance; or
(c) sell, stock, exhibit or offer for sale or distribute any
cosmetic which has been imported or manufactured in
contravention of any of the provisions of this Act.
[s. 21V]
Counterfeit
cosmetics
Act No.
8 of 2019 s. 18
44. For the purpose of this Act, a cosmetic shall be deemed to
be counterfeit where-
(a) it is manufactured under a name which belongs to
another cosmetic;
(b) it is an imitation of, or a substitute for, another cosmetic
or resembles another cosmetic in a manner likely to
deceive or bears upon it or upon its label or container
the name of another cosmetic unless it is plainly and
conspicuously marked so as to reveal its true character
and it lacks identity with such other;
(c) the label or container bears the name of an individual
or company purporting to be the manufacturer of the
cosmetics which individual or company is fictitious or
does not exist; or
(d) it purports to be the product of a manufacturer of
whom it is not truly his product.
[s. 21W]
Power to prohibit
manufacture,
importation and
distribution of
cosmetics in
public interest
Act No.
8 of 2019 s. 18
45.–(1) Without prejudice to any other provisions contained
in this Act, if the Minister on advice of the Director General
is satisfied that the use of any cosmetic is likely to involve any
risk to human being or that it contains ingredients of such a
type and quantity which there is no justification and that in the
public interest it is necessary or expedient to prohibit.
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Penalties against
manufacture
import, sell or
distribution of
cosmetics
Act No.
8 of 2019 s. 18
Samples,
equipments and
information
(2) The Minister may, by notice in the Gazette, prohibit
the importation, manufacture and sale of the cosmetic under
subsection (1).
[s. 21X]
46. A person whether himself or on behalf of another person
manufactures, imports, sells or distributes-
(a) any counterfeit cosmetic as referred to in the provision
of section 44, commits an offence and on conviction,
shall be liable to a fine not exceeding one hundred
million shillings or to imprisonment for a term not less
than two years or to both;
(b) any cosmetic other than cosmetic referred to under
the provisions of section 43, the import of which is
prohibited, commits an offence and on conviction,
shall be liable to a fine of not less than fifty million
shillings or to imprisonment for a term of not less than
two years or to both.
[s. 21Y]
PART VII
ENFORCEMENT PROVISIONS
47.–(1) Every person to whom a licence has been issued under
this Act shall, if so requested by the Bureau in writing, furnish
within a period which may be specified the samples of any
commodity or service to which the licence relates and all such
information with regards to such commodity or service or its
manufacturing, production, processing or treatment as may be
specified in the request.
(2) Every person to whom a licence has been issued to
offer a calibration service shall be required to submit such
samples of any commodity to the Bureau for calibration
against the National Measurement Standard of his equipment
or instrument.
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Appointment of
inspectors
Powers of
inspectors
Act No.
8 of 2009 s. 19
(3) Every person who has been licensed to undertake
a scientific or industrial measurement or use of such
measurement equipment shall submit the equipment to the
Bureau for calibration or re-calibration against the National
Measurement Standard.
(4) A person who contravenes any of the provisions of this
section commits an offence.
[s. 22]
48.–(1) The Minister may, at the request of the Bureau by
notice published in the Gazette, appoint any public officer or
officer of the Bureau as an inspector for purposes of this Act.
(2) Every person appointed as inspector under subsection
(1) shall be furnished with a certificate of appointment signed
by the Director General stating that the person is authorised
by the Minister to act as an inspector for purposes of this Act.
[s. 23]
49.–(1) An inspector may, for purposes of this Act, at all
reasonable times-
(a) enter upon any premises at which there is or is
suspected to be a commodity in relation to which any
compulsory standard or standards mark exists;
(b) inspect and take samples of any commodity or any
material or substance used, or likely to be, or capable
of being, used in its manufacturing, production,
processing or treatment and cause, any container
within which there is or is suspected to be any quantity
of the commodity, material or substance, to be opened;
(c) inspect any process or other operation which is or
appears likely to be carried out in those premises
in connection with the manufacturing, production,
processing or treatment of any commodity in relation
to which a compulsory standard or standards mark
exists;
(d) require from any person the production of any book,
notice, record, list or other document which is in the
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[CAP. 130 R.E. 2023]
possession or custody or under the control of that
person or for any other person on his behalf and which
the inspector believes to be relevant to any inspection
or inquiry being carried out by him;
(e) examine and copy any part of any book, notice, record,
list or other document which appears to him to have
relevance to his inspection or inquiry, and require any
person to give an explanation of any entry in it and take
possession of that book, notice, record, list or other
document as he believes may afford evidence of an
offence under this Act;
(f) require information relevant to his inquiry from
any person whom he reasonably believes to be or to
have been employed at the premises or to have in his
possession or custody or under his control any article
referred to in this subsection; and
(g) inspect any premises or registered products or
unregistered products or certifies products to determine
whether or not they are in conformity to the prescribed
standards.
(2) An inspector entering any premises under subsection
(1) shall, if so required, produce the certificate issued to him
in accordance with the provisions of section 48 and may be
accompanied, if necessary, by an independent witness.
[s. 24]
Compulsory
commodity recall
50.–(1) The Minister may, upon the recommendation of the
Bureau, require the supplier of any defective commodity
certified by the Bureau to-
(a) recall the commodity and all other type that were
supplied to him, in the manner, and within the period,
specified in the order;
(b) disclose to the public, or to a class of person specified
in the order, in the manner and within the period so
specified-
(i)
the nature of any defect in any commodity
identified in the order;
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[CAP. 130 R.E. 2023]
(ii) the circumstances in which the use of any of such
commodity is dangerous;
(iii) procedures for disposal of such commodity; or
(c) notify the public or a class of persons specified in the
order, in the manner and within the period specified in
the order, that the supplier undertakes to-
repair the defective commodity;
(i)
(ii) replace the defective commodity; or
(iii) refund to a person to whom the commodity was
supplied the price of the commodity, whether
by the supplier or by another person within the
period specified in the order.
(2) Where an order made under this section is still in force,
a supplier of a commodity to which the order relates, fails
to comply with the requirements or direction in the order,
commits an offence.
[s. 25]
Obstruction
51. A person who resists, hinders or obstructs an inspector
acting pursuant to section 49(1) or willfully fails to comply
with any requirement made of him under the said subsection
commits an offence.
[s. 26]
Registration of
premises
Act No.
8 of 2019 s. 20
52.–(1) A person shall not manufacture for sale, sell, supply
or store food, food products or cosmetics except in premises
registered under this Act.
(2) Every application for registration or renewal of
registration of premises shall be made to the Bureau in the
prescribed from, and be accompanied by such fees as the
Bureau may prescribed.
[s. 26A]
General penalty
53.–(1) Where a person contravenes any of the provisions of
this Act for which no specific penalty is provided, commits
an offence and on conviction, shall be liable to imprisonment
for a term not less than two years or to a fine not less than
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[CAP. 130 R.E. 2023]
fifty million shillings and not exceeding one hundred million
shillings or to both.
(2) On a second or subsequent conviction of any person
for an offence committed under this Act, that person shall be
liable to imprisonment for a term not less than three years or
to a fine not less than fifty million shillings and not exceeding
one hundred million shillings or to both.
(3) On the conviction of any person for an offence under
this Act, the court may, in addition to any other penalty which
may be imposed, order the confiscation of all or any part of any
goods in respect of which the offence was committed, and all
goods so confiscated shall be disposed off in the manner which
the court directs.
[s. 27]
54. Where any offence under this Act is committed by a body
corporate then, as well as the body corporate, any person who,
at the time of the commission of the offence, was holding
the office of a Director General, Chief Executive Officer,
or an officer, with the management of the affairs of such
body corporate commits an offence and shall be liable to be
proceeded against and punished accordingly, unless he proves
to the satisfaction of the court that he had no knowledge and
could not, by the exercise of reasonable diligence, have had
knowledge of the commission of the offence.
[s. 28]
55. Where any offence under this Act committed by a person as
an agent or employee then, as well as the agent or employee, the
principal or employer commits an offence and on conviction
shall be liable to be proceeded against and punished accordingly
unless he proves to the satisfaction of the court that he had no
knowledge and could not, in exercising reasonable diligence,
have had knowledge of the commission of the offence.
[s. 29]
524
Commission of an
offence by body
corporate
Liability of
employer or
principal
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[CAP. 130 R.E. 2023]
Compounding of
offences
56.–(1) The Bureau may, where it is satisfied that a person has
committed an offence under this Act, compound the offence
by accepting from such person a sum of money not exceeding
twenty million shillings.
(2) The powers conferred under this section shall be
exercised when a person admits that he has committed the
offence under this Act.
(3) Subject to the provisions of subsection (5), where
proceedings are brought against a person for an offence under
this Act, it shall be a good defence if that person proves that the
offence with which he is charged has been earlier compounded.
(4) Any sum of money received under this section shall be
dealt with as if the sum of money were a fine imposed by the
court of law for the offence.
(5) Where an offence is compounded under the provisions
of this section, the court may make an order under section 53,
as if the person concerned had been convicted by the court for
that offence.
(6) The order shall not be made under subsection (5) unless
the person concerned had first had an opportunity of showing
cause against the making of the order.
[s. 30]
PART VIII
GENERAL PROVISIONS
Minister may
give directions to
Board
57. Subject to this Act, the Minister may give the Board
directions of a general or specific nature and the Board shall
give effect to every direction given.
[s. 31]
Protection of
Government,
Bureau, Board
members and
employees against
claims in relation
to standards mark
58. The fact that any commodity complies or is alleged to
comply with a compulsory standard or has been or is alleged
to have been manufactured, produced, processed or treated in
accordance with that standard or that a standards mark is used
in connection with any commodity, shall not give rise to any
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[CAP. 130 R.E. 2023]
Protection of
Board members
and officers of
Bureau
Cap. 16
Cap. 76
Disclosure of
information
Prohibition of
victimisation
claim against the Government, the Bureau or the Board or any
of its members or employees.
[s. 32]
59.–(1) A matter or thing done by any member of the Board
or an officer of the Bureau shall not, if done bona fide in the
execution or purported execution of the functions conferred
upon that member or officer by this Act or by regulations or
by-laws made under it, render the member or officer personally
liable for that matter or thing.
(2) For the avoidance of doubt, it is hereby declared that
the provisions of this section shall be without prejudice to the
provisions of section 284A of the Penal Code or the provisions
of the Public Officers (Recovery of Debts) Act.
[s. 33]
60. A person who is or has been engaged in the administration
of this Act and discloses, except for the purpose of the exercise
of his functions or when required to do so by a court or under
any written law, any information acquired by him in the
exercise or purported exercise of his functions under this Act
to any other person commits an offence and on conviction,
shall be liable to penalties prescribed by section 53.
[s. 34]
61.–(1) An employer shall not terminate the employment of any
person employed by him or reduce the rate or remuneration of
that person or otherwise alter the conditions of his employment
to conditions less favourable to him, alter or lower his position
to his disadvantage relative to other persons employed by
that employer by reason only of the fact that he believes or
suspects, whether or not the belief or suspicion is justified or
correct, that the person has given any information which he
could be required under this Act to give to an inspector or has
complied with any lawful requirement by an inspector or has
given evidence in any proceedings under this Act.
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[CAP. 130 R.E. 2023]
(2) An employer who contravenes any of the provisions of
subsection (1) commits an offence and on conviction, shall be
liable to the penalties prescribed by section 53, and the court
convicting such employer may, in addition to any penalty it
imposes, order the employer-
(a) to restore the rate of remuneration or conditions of
employment or the position of an employee to that
which existed immediately before, and with effect
from, the date of the reduction, alteration or lowering
which gives rise to the conviction;
(b) to pay to any employee whose dismissal is the subject
of the convictions a sum estimated by the court to
be equal to his total remuneration for any period not
exceeding twelve months calculated according to the
rate at which he was being remunerated at the time of
his dismissal.
(3) In any proceedings for an offence under subsection (2),
if the court is satisfied that the employee’s employment was
terminated or that his remuneration was reduced or that his
terms of employment were adversely varied within twelve
months of the employee having given any information to an
inspector or complied with a requirement made by an inspector
or given evidence in any proceedings under this Act, the court
may, unless it is satisfied to the contrary, presume that such
termination of employment, reduction of remuneration or
variation of terms of employment was made by the employer
because of the employee having given the information,
complied with the requirement or given the evidence, as the
case may be.
(4) An order made under subsection (2)(b) may be enforced
as if it were a decree issued by a court in the civil proceedings
in favour of the employee concerned.
[s. 35]
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[CAP. 130 R.E. 2023]
PART IX
MISCELLANEOUS PROVISIONS
Regulations
Act No.
8 of 2019 s. 21
62.–(1) The Minister may make regulations generally for the
better carrying out of the provisions and purposes of this Act.
local government
authorities, in consultation with the Minister, may make
by-laws for the implementation of this Act.
(2) The Minister responsible
for
(3) Without prejudice to the generality of subsection (1),
the regulations may provide for-
(a) provisions for matters in respect of which fees, levies
and other charges shall be payable;
(b) the amount of the fees, levies and other charges, and the
persons who shall be liable for their payment thereof;
(c) forms to be used;
(d) matters connected with appeals;
(e) matters related or connected with premises registration
or registration of food, food products or cosmetics;
(f) provisions for requiring persons to supply relevant
information; and
(g) anything which, under this Act, is to be prescribed,
and in particular the procedure to be followed by the
Bureau in the performance of any of its functions under
this Act.
(4) Regulations and by-laws made under this Act may
provide for a penalty not exceeding one hundred million
shillings and not less than five million shillings or a term of
imprisonment not exceeding five years or to both.
[s. 36]
Fees and
allowances
63. The Minister may, by directions under his hand, prescribe
the fees and allowances payable to the members of the Board.
[s. 37]
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[CAP. 130 R.E. 2023]
Repeal
64.–(1) [Repeals the Standards Act. No. 3 of 1975]
(2) Notwithstanding the repeal of the Standards Act-
(a) all subsidiary legislation and all exemptions made
or given under that Act which are in force on the
appointed day shall be deemed to have been made or
given under this Act, and shall remain in force until
revoked by subsidiary legislation made under this Act
or until it otherwise expires or ceases to have effect;
(b) all officers appointed pursuant to the provisions of the
Standards Act to perform functions specified under
the Bureau`s Staff Regulations and Scheme of service
made under that Act, shall, unless their appointments
are revoked or any officer otherwise ceases to hold
office or are re-appointed, be deemed to be authorised
officers appointed under this Act.
[s. 38]
SCHEDULE
(Made under section 5(2)
1. In this Schedule, unless the context otherwise requires-
“appointing authority” means, in relation to the Chairman of the Board,
the President and in relation to any other member, the Minister;
“member” includes the Chairman.
2.–(1) The Board shall consist of-
(a) Chairman;
(b) a representative from the Tanzania Private Sector Foundation;
(c) one member from Small and Medium Industries;
(d) one member from the higher learning institutions;
(e) a member from the Ministry responsible for finance;
(f) a member from the Ministry responsible for health;
(g) a member from the Ministry responsible for industries and
trade;
(h) a Law Officer from the Office of the Attorney General;
(i) a member from the Fair Competition Commission; and
(j) two members who have knowledge and experience in
standards work, science, technology or environment.
(2) In making appointments under paragraph 1, the Minister shall
ensure that, there is a gender balance.
529
Construction
Composition of
Board
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[CAP. 130 R.E. 2023]
Proceedings not
to be invalid
by reason of
irregularity
Tenure of
appointment
3. An act or proceedings of the Board shall not be invalid by reason
only of the number of members not being complete at the time of the
act or proceeding or of any defect in the appointment of any member or
of the fact that any member was at the time disqualified or disentitled
to act as such.
4.–(1) A member of the Board shall, unless his appointment is sooner
determined by the appointing authority or he otherwise ceases to be
a member hold office for the period which the appointing authority
may specify in his appointment, or if no period is so specified for a
period of three years from the date of his appointment be eligible for
re-appointment for one further term:
Provided that, in the case of a member who is a member by virtue of
his holding some other office, he shall cease to be a member upon his
ceasing to hold that office.
(2) Any member of the Board may, at any time resign by giving no-
tice in writing to the appointing authority and from the date specified in
the notice or where no date is so specified, from the date of the receipt
of the notice by the appointing authority, he shall cease to be a member.
Absence from
three consecutive
meetings
5. Where any member absents himself from three consecutive meetings
of the Board without reasonable excuse, the Board shall advise the
appointing authority of the fact and the appointing authority may
terminate the appointment of the member and appoint another member
in his place.
Appointment
of temporary
member
Vice-Chairman
Powers of
Chairman and
Vice-Chairman
6. Where any member is, by reason of illness, infirmity or absence from
the United Republic, unable to attend any meeting of the Board, the
appointing authority may appoint a temporary member in his place and
that temporary member shall cease to hold office on the resumption of
office of the substantive member.
7. The Board shall elect one of its members to be the Vice-Chairman and
any member elected as Vice-Chairman shall, subject to his continuing
to be a member, hold the office of Vice-Chairman for a term of one year
from the date of his election and be eligible for re-election.
8.–(1) The Chairman shall preside all meetings of the Board.
(2) Where at any meeting of the Board the Chairman is absent, the
Vice-Chairman shall preside.
(3) In the absence of both the Chairman and the Vice-Chairman
at any meeting of the Board, the members present may, from amongst
their number, elect a temporary Chairman who shall preside at that
meeting.
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[CAP. 130 R.E. 2023]
Meetings and
Procedure of
Board
Quorum
Decisions of
Board
Decision by
circulation of
papers
Seal of Board
Signification of
other documents
(4) The Chairman, Vice-Chairman or a temporary Chairman pre-
siding at any meeting shall have a casting vote in addition to his delib-
erative vote.
9.–(1) The Board shall meet not less than twice in every year and at
any additional times which may be fixed by the Chairman or, if he is
absent from the United Republic or unable for any reason to act, the
Vice-Chairman.
(2) The Chairman or, in his absence from the United Republic, the
Vice- Chairman may, and shall upon application in writing by at least
five members, convene a special meeting of the Board at any time.
(3) The Secretary of the Board shall give to each member adequate
notice of the time and place of meeting.
10. At any meeting of the Board not less than one-half of the members
in office for the time being shall constitute a quorum.
11. Subject to the provisions relating to a casting vote, all questions at a
meeting of the Board shall be determined by a majority of the votes of
the members present.
12. Notwithstanding the preceding provisions of this Schedule,
decisions may be made by the Board without a meeting, by circulation
of the relevant papers among the members and the expression of the
views of the majority of them in writing:
Provided that, any member shall be entitled to require that the de-
cision be deferred and the subject matter be considered at a meeting of
the Board.
13.–(1) The seal of the Board shall be of the shape, size and form which
the Board may determine.
(2) The seal shall be authenticated by the signature of the Chairman,
the Secretary or any officer of the Bureau authorised to act in that behalf
by the Board.
14. All documents other than those required by law to be under seal,
to be executed by the Board and all decisions of the Board, shall be
signified under the hand of the Chairman, the Secretary, any member
of the Board or an officer of the Bureau authorised in that behalf by the
Board.
Record of
proceeding of
Board
15.–(1) The Board shall cause the minutes of all proceedings of meetings
of the Board to be entered in a book kept for that purpose.
(2) The minutes if purporting to be approved by, and signed by
the Chairman of the next succeeding meeting of the Board shall be
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[CAP. 130 R.E. 2023]
evidence of the proceedings and until the contrary is proved, the meet-
ing to which the minutes relate shall be deemed to have been duly con-
vened and all proceedings thereat to have been duly transacted.
16. Subject to the provisions of this Schedule, the Board may regulate
its own proceedings.
Board may
regulate its
proceedings
532
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