The Dairy Industry Act
This section is titled “Interpretation” and appears under Part II, “Establishment of the Annual Council.”
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About this statute
This section is titled “Interpretation” and appears under Part II, “Establishment of the Annual Council.” This section establishes the Annual Council. Section heading for the tenure of office, meetings, and proceedings of the Annual Council. Section 7 is titled “Functions of the Annual Council” and refers to the establishment of the Tanzania Dairy Board. This section establishes the Tanzania Dairy Board.
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Provisions of The Dairy Industry Act
Showing 54 of 54
- 3 Verify source ↗
Section 3
This section is titled “Interpretation” and appears under Part II, “Establishment of the Annual Council.”
3. Interpretation. PART II E s t a b l i s h m e n t o f t h e A n n u a l C o u n c i l
Part
PART II
- 4 Verify source ↗
Establishment o f the Annual Council
This section establishes the Annual Council.
4. Establishment o f the Annual Council. - 6 Verify source ↗
Tenure o f office, meetings and proceedings o f the Annual Council
Section heading for the tenure of office, meetings, and proceedings of the Annual Council.
6. Tenure o f office, meetings and proceedings o f the Annual Council. - 7 Verify source ↗
Functions o f the Annual C ou n cil
Section 7 is titled “Functions of the Annual Council” and refers to the establishment of the Tanzania Dairy Board.
7. Functions o f the Annual C ou n cil. E s t a b l i s h m e n t o f t h e T a n z a n i a D a ir y B o a r d PART III - 4 Verify source ↗
There is established an assembly to be known as the Annual Council
This provision establishes an assembly called the Annual Council, abbreviated as AC.
4. There is established an assembly to be known as the Annual Council or in its acronym - "AC". - 5 Verify source ↗
(1) The Annual Council shall consist of
The Annual Council must be made up of the listed categories of members, and the Chairman is appointed by the Minister.
5.—(1) The Annual Council shall consist of: (a) the Chairman who shall be appointed by the Minister; (b) one member representing recognized stakeholder organizations in every district; 708 E stablish m ent o f Annual Council C o m p o s i tion o f t h e Annu al Council No. 8 D a iry Industry 2004 (c )o n e member from registered N ation al M ilk Producers' Organizations; (d) one mem ber from registered N ation al M ilk Processors' Organizations; (e ) one member from registered N ation al M ilk Consum ers' Organizations; (f) one member from the m inistry resp on sib le for livestock developm ent; (g) one member from a public institution responsible for food quality control; (h) one member from public university o f agriculture; (i) one member from the ministry responsible for local government; (j) one member from the ministry responsible for co operatives; and (k) two members from Non- Governmental Organizations active in dairy industry development. (2) The Secretariat o f the Board shall be the Secretariat o f the Annual Council. - 6 Verify source ↗
Tenure o f office, meetings and proceedings o f the Annual Council
The Annual Council’s tenure, meetings, and proceedings are to be handled as set out in the First Schedule to the Act.
6. Tenure o f office, meetings and proceedings o f the Annual Council shall be as provided for in the First Schedule to this Act. T en ure o f o ffice, m eetings and p r o c e e d ings o f t h e A nnual Council Functions o f the Annual Council shall be: - 7 Verify source ↗
Section 7
The Annual Council has several functions relating to the dairy industry and the Act.
7. (a) to promote the development o f a sustainable dairy industry in Tanzania; (b) to propose members o f the Board for appointment by the Minister; (c) to receive and scrutinize various reports from the Board; (d) to advice the Minister and the Board on issues concerning the dairy industry and matters arising from the implementation and operation o f this Act; and (e) to carry out any other functions as may be necessary for effective implementation o f this Act. F u nctions o f the Annual Council 709 No. 8 Estab lish m en t o f t h e T anzan ia Dairy Board C o m p o s i tion o f the Board D a iry Industry PART III 2004 E s t a b l is h m e n t o f t h e T a n z a n ia D a ir y B o a r d
Part
PART III
- 8 Verify source ↗
Establishment o f the Tanzania Dairy Board
This section establishes the Tanzania Dairy Board.
8. Establishment o f the Tanzania Dairy Board. - 11 Verify source ↗
Tenure o f office, meetings and proceedings o f the Board
This section is about the Board’s tenure in office and how its meetings and proceedings are handled.
11. Tenure o f office, meetings and proceedings o f the Board. - 15 Verify source ↗
Section 15
Section 15 is titled “Indemnity for bona-fide acts.”
15. Indemnity for bona - fide acts. PART IV R e g i s t r a t i o n P r o v i s i o n s - 8 Verify source ↗
Section 8
A Board called the Tanzania Dairy Board (TDB) is established.
8. There is established a Board to be known as the Tanzania Dairy Board, or in its acronym - TDB. - 9 Verify source ↗
{ 1) The Tanzania Dairy Board shall consist of
This section sets out who makes up the Tanzania Dairy Board and who appoints its chairman and certain members.
9 .-{ 1) The Tanzania Dairy Board shall consist of: (a) the Chairman who shall be appointed by the Minister, (b) three members representing milk producers; (c) one member representing dairy processors; (d) one member representing milk traders; (e) one member representing dairy inputs suppliers; (f) one member representing milk consumers; (g) one member representing the Attorney-General; (h) one member representing the Ministry responsible for livestock development; (i) one member from the public institution responsible for food quality control; (j) one member from a public university o f agriculture; and (k) one member from the ministry responsible for local govern ment. Fun ctions o f the Board (2) Members under paragraphs (b) to (f) o f subsection (1), shall be appointed by the M inister upon recommendation from the Annual Council. - 10 Verify source ↗
Section 10
The Board must carry out the listed dairy-industry functions, including advising the Minister, regulating the industry, and registering producers and processors.
10. Functions o f the Board shall be: (a) to advise the Minister on matters concerning dairy develop ment policies and strategies for promotion and development o f the dairy Industry; (b) to perform regulatory activities in the dairy industry in accord ance with the provisions o f this Act; (c) to search and develop markets; (d) to conduct market research; (e) to develop and monitor strategies and plans designed to achieve and maintain self sufficiency and efficiency in milk production, processing and marketing; 710 No. 8 D a iry Industry 2004 ( 0 to ensure availability o f appropriate technology for the industry; (g) to create and promote a competitive environment conducive to fair play among stakeholders in the dairy industry; (h) to monitor the execution o f contracts and marketing arrange ments between dairy producers and processors or other bodies related to dairy sector and reconcile the parties, when disputes arise; (i) to collect, analyse, maintain and disseminate data and informa tion relating to dairy industry; (j) to promote and facilitate formation o f associations or other bod ies o f stakeholders within the dairy (sub-sector) which shall form a consultative forum with the Board and monitor their activities; (k) to promote and co-ordinate the development o f small, medium and large scale dairy keepers and processors; (I) to promote the training and improvement o f ski 11s in technologi cal advancement in the dairy industry; (m) to promote advocacy on dairy industry; (n) to monitor trends for local dairy production, dairy export and import requirem ents; (o) to represent stakeholders in international fora relating to or dealing with the dairy industry; (p) to monitor the implementation o f agreements governing sale o f dairy factories and farms and submit the report to the Minister; (q) to register producers and processors o f dairy and dairy prod ucts; (r) to liase with the Tanzania Food, Drugs and Cosmetics Author- V ity (TFDA) on licensing; (s) to collaborate with the Tanzania Food, Drugs and Cosmetics ^ Authority (TFDA) in inspection o f dairy facilities such as dairy farms, piants, kiosks, parlours and other similar facilities; and (t) to organize dairy shows and participation o f stakeholders in such shows within and outside the country. 711 No. 8 T enure o f office, m eetings and p r o c e e d ings o f the Board Execu tive Office r o f the Board Seal of the Board S taff o f the Board I n d e m n i ty for bona fide acts D a iry Industry 2004 - 11 Verify source ↗
Tenure o f office, meetings and proceedings o f the Board shall be
The Board’s tenure of office, meetings, and proceedings are governed by the Second Schedule to this Act.
11. Tenure o f office, meetings and proceedings o f the Board shall be as provided for in the Second Schedule to this Act. * - 12 Verify source ↗
The Registrar appointed under section 16 shall be
The Registrar appointed under section 16 must serve as the Board’s Chief Executive Officer and Secretary, and is responsible for the Board’s day-to-day operation.
12. The Registrar appointed under section 16 shall be; (a) the C h ief E xecutive O fficer o f the Board and shall be responsible for the day to day operation o f the Board; and (b) the Secretary to the Board. - 13 Verify source ↗
(1) There shall be a Seal o f the Board to be under the
The Board must have a seal kept by the Secretary, and the seal may only be affixed to an instrument when the Chairman or the Registrar is present.
13.—(1) There shall be a Seal o f the Board to be under the custodian o f the Secretary. (2) The seal o f the Board shall not be affixed to any instrument except in the presence o f the Chairman or the Registrar. - 14 Verify source ↗
Section 14
The Board may hire staff, but only on approved terms and conditions, after Annual Council approval, and under the Registrar’s supervision.
14. The Board may, on such terms and conditions, after approval o f the Annual Council, employ such number o f staff to hold appropriate offices under the supervision o f the Registrar. 15. No matter or thing done by any member or officer o f the Annual Council or Board shall, if done bona fid e in the execution or purported execution o f the functions o f the Annual Council or Board, as the case may be, render such member or officer personally liable for such matter or thing. PART IV R e g i s t r a t i o n P r o v i s i o n s A p p o i n t m e n t o f t h e Registrar
Part
PART IV
- 19 Verify source ↗
Revocation of registration
This section is titled “Revocation of registration” and refers to “Validity of a registration.”
19. Revocation of registration. 20 Validity o f a registration. - 21 Verify source ↗
Certificate not to be transferable
The certificate is not transferable.
21. Certificate not to be transferable. 705 No. 8 D a iry Industry 2004 - 22 Verify source ↗
Replacement o f lost or destroyed documents
Section 22 concerns replacement of lost or destroyed documents.
22. Replacement o f lost or destroyed documents. - 23 Verify source ↗
Appeals
This section is titled “Appeals” and appears in Part V, “Offences and Penalties.”
23. Appeals. PART V O f f e n c e s a n d P e n a l t ie s - 16 Verify source ↗
(1) There shall be a Registrar o f the Board who shall be appointed
A Registrar of the Board must be appointed by the Board and carry out duties assigned by the Board, including managing Board assets, supervising staff, keeping records, and maintaining the registration system.
16.-(1) There shall be a Registrar o f the Board who shall be appointed by the Board. (2) The Registrar shall have and perform all duties designated to him by the Board. (3) The Registrar shall be: (a) responsible for the management o f funds, property and busi ness o f the Board; (b) responsible for the administration, organization and control o f staff o f the Board; [ No. 8 D a iry Industry 2004 (c) responsible for keeping the Board and Annual Council informed on the progress o f the business o f the Board; (d) taking minutes o f the meetings and keeping records o f activi ties o f the Board; and * (e) perform any other function as may be directed by the Board. (4) The Registrar shall hold office for such period and upon such t terms and conditions as the Board may determine. (5) Without prejudice to the generality o f subsection (1) o f this sec tion, the Registrar shall- (a) keep and maintain a register of: (i) milk producers; (ii) milk processors; (iii) milk or milk products importer or exporter; (iv) marketing agent; (v) dairy inputs suppliers, manufacturers and importers; and (vi) retailers. (b) publish periodically a register o f persons under paragraph (a); and (c) issue certificate o f registration in accordance with the provi sions o f this Part. - 17 Verify source ↗
(1) Any person who deals with milk or milk products shall,
People who deal with milk or milk products must register with the Board from the Act’s commencement. The Board may register applicants to carry on specified milk-related activities.
17.- (1) Any person who deals with milk or milk products shall, with effect from the commencement o f this Act, register with the Board under this Act. Re gistra tion (2) The Board may, on application by any person, register such per son to under take any or all o f the follow ing activities - (a) milk producer, processor or marketing agent; (b) milk or milk products importer or exporter; (c) dairy inputs suppliers, manufacturers or importers; and (d) retailer. * i - 18 Verify source ↗
The Board may refuse to register an applicant under section 17
The Board may refuse to register an applicant under section 17 if the applicant does not meet the prescribed conditions.
18. The Board may refuse to register an applicant under section 17 Refusal to if the applicant does not meet the prescribed conditions. - 19 Verify source ↗
(1) The Board may, if the registered person fails to comply with
The Board may revoke or suspend a registration if the registered person does not comply with its registration terms and conditions.
19.—(1) The Board may, if the registered person fails to comply with the terms and conditions of the registration, revoke or suspend the regis tration. register R e v o c a tion o f reg istra tio n 713 No. 8 D a iry Industry 2004 (2) The revocation or suspension may be in addition to any other penalty to which the registered person may be liable under this Act. Validity o f a re g istra ti o n - 20 Verify source ↗
(1) A registration issued under this Act, shall be valid for one
A registration under this Act is valid for one year and can be renewed on payment of the prescribed fee. The Minister may make regulations, on the Board’s recommendation, setting registration terms and conditions.
20.—(1) A registration issued under this Act, shall be valid for one year and shall be renewable on payment o f the prescribed fee. (2) The Minister may, by regulations and on the recommendation o f the Board, prescribe the terms and conditions for registration, including- (a) the form and method o f application under this section; C e rt i f i cate not to be t r a n s f e r able Re p la ce m en t o f a lost or destro yed d o c u m e n t (b) the fer payable on the issuing o f the registration certificate; and (c) such other information as may be prescribed. - 21 Verify source ↗
Section 21
A certificate issued under this Act cannot be transferred.
21. The certificate issued under this Act shall not be transferable. - 22 Verify source ↗
(1) Where the registration certificate, licence or any other docu
If a registered document is lost or destroyed, the holder may apply to the Board for a certified copy, and the Board must issue it once satisfied with proof of loss and payment of the prescribed fee.
22.-(1) Where the registration certificate, licence or any other docu ment issued under this Act is lost or destroyed, the holder o f such docu ment, may apply to the Board in that regard, and the Board shall, after being satisfied with proof o f loss from the applicant and on payment o f the prescribed fee, issue a certified copy o f the certificate or document. (2) The certified copy o f the licence or document shall be effective as the original. A ppeals - 23 Verify source ↗
Section 23
A person aggrieved by the Board’s decision may appeal to the Minister within 30 days, and the Minister can extend time and decide the appeal.
23.- (1) Any person who is aggrieved by the decision o f the Board may, within thirty days from the date o f the decision o f the Board, appeal to the Minister. (2) An appeal may be lodged to the Minister in respect o f any refusal o f the Board to issue or renew' registration or licence provided under this Act or against the revocation or suspension o f persons subject to this Act and the Minister's decision shall be final. (3) The Minister may for any good reason extend the time for the lodging o f an appeal. (4) In determining an appeal under this section, the Minister may - (a) dismiss the appeal; (b) require the Board to issue registration or licence; — T * No. 8 D a iry Industry 2004 (c) quash any revocation or suspension or substitute suspension for any revocation; or (d) order a person to make a fresh application for registration or licence. / (5) The Board shall give effect to any direction given by the Minister. PART V O f f e n c e s a n d P e n a l t ie s
Part
PART V
- 25 Verify source ↗
General penalty
This section is titled “General penalty.”
25. General penalty. PART VI F i n a n c i a l P r o v i s i o n s - 24 Verify source ↗
Any person who, directly or indirectly, impedes or obstructs any
This provision makes it an offence to obstruct officers or Board members, sets default penalties for contraventions without a specific penalty, allows forfeiture of milk products, allows withdrawal of certain licences or rights after a subsequent offence, and establishes the Dairy Industry Development Fund.
24. Any person who, directly or indirectly, impedes or obstructs any officer or a member o f the Board in performance o f his duties under this Act, commits an offence and is liable on conviction to a fine o f not less than one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and Imprisonment. 2 5 .—(1) Any person contravenes any provision o f this Act or subsidiary legislation made under this Act, where no specific penalty has been provided, shall be liable on conviction to a fine o f not less than fifty thousand shillings or to imprisonment for a term not exceeding four months or to both such fine and Imprisonment. O b s tru ction o f an officer General p e n a l t y (2) Where a person is convicted o f an offence under this Act, the court may order that any milk or milk product in respect o f which the offence has been committed be forfeited. (3) Where, in case o f a subsequent offence, the court may order, in addition to penalties provided for under this Part, withdrawal o f any licence, certificate, permit or any other right held by the offender under this Act. PART VI F i n a n c i a l P r o v is io n s 2 6 .-(1 ) There is established a Fund to be known as the Dairy Industry Development Fund into which all moneys received by the Board shall be paid into and out o f which all payments required to be made by it shall be made. Estab lish m ent o f the Fund (2) The Board shall manage the Fund.
Part
PART VI
- 31 Verify source ↗
Auditing
The Board has power to invest.
31. Auditing. 31 A. Power o f the Board to invest. PART VII M i s c e l l a n e o u s P r o v is i o n s - 27 Verify source ↗
Section 27
The Fund must finance the Board and Annual Council, support dairy development activities, and pay for other activities needed to meet the Act’s objectives.
27. The functions o f the Fund shall be ta) to finance the activities o f the Board and Annual Council; (b) to support various dairy developm ent activities including dairy F unctions o f the Fund 715 No. 8 D a iry Industry 2004 extension, dairy breeding, dairy research, dairy training, dairy market research, developm ent and promotion o f milk and milk products consumption as w ell as export; and (c) to cover the cost o f any other activities as may be required in the furtherance o f the objectives o f this Act. Sources o f the Fund - 28 Verify source ↗
The Sources o f the Fund shall be
The Fund must be funded from listed public, fee, donation, investment, asset-sale, import-fee, and other legally acquired income sources, and the Board and related officers must keep accounts, prepare and table reports, and arrange audits within set time limits.
28. The Sources o f the Fund shall be: (a) such sums o f money as may be appropriated by Parliament for the purpose o f this Act; M a n a g e m en t o f the Fund P r o p e r a c c o u n t ing (b) all fees and other charges payable under this Act; (c) such donations, grants and bequeaths as the Board may from time to time receive from stakeholders or organizations; (d) income derived from investments; (e) proceeds derived from sale o f assets; and (f) (g) contribution from fees collected on importation o f milk and milk products; any other source o f income identified by the Board and legally acquired. 2 9 . The Fund shall be managed in accordance with sound financial accounting procedures. 3 0 .-(l) The Board shall prepare accounts and records o f its transac tions and affairs, and shall ensure that all moneys received are properly accounted for, and all payments are properly authorized and correctly made and that adequate control is maintained over its property and the incurring liabilities. (2) The Secretary to the Board shall, within three months after the end o f each financial year, submit to the Board an annual report in respect o f that year containing— (a) Audited accounts; (b) general information relating to the activities and operations o f the Board and the dairy industry during the preceding financial year; and (c) other information as the Board may, prior to the completion o f the annual report or any supplementary to the report, request in writing. (3) The Board shall thereafter table the Annual Report to the Annual Council. 2004 Auditing Power o f the Board to invest Power o f t h e Minister to m ake regula tions No. 8 D airy Industry 31 -—(1) The annual accounts o f the Board shall be audited within ninety days by any qualified firm o f auditors appointed by the Board and approved by the Controller and Auditor General. (2) The firm o f auditors appointed under subsection (1) o f this section, shall audit the accounts o f the Board within two months o f the receipt o f the accounts and present its opinion to the Board. (3) The Chairman o f the Board shall cause copies o f each annual report together with a copy o f opinion o f the auditors or firm o f auditors to be laid before the Annual Council, three months after receipt. (4) The Board may order any audit in addition to the one prescribed under subsection (1) o f this section. (5) As soon as the accounts o f the Board have been audited and in any case not later than four months after the close o f the financial year, the Board shall submit to the Minister a copy o f the audited statements o f accounts together with a copy o f the report made by the auditor on the statement o f accounts. - 31A Verify source ↗
The Board may, where it sees fit invest any monies not re
The Board may invest surplus money it does not need right away, and the Minister may make regulations for dairy industry matters after consulting the Board.
31A. The Board may, where it sees fit invest any monies not re quired for immediate use. PART VII M i s c e l l a n e o u s P r o v i s i o n s 32; The Minister may, upon advise o f the Board, make regulations- (a) prescribing standards for the construction, lighting, ventilation, cleanliness, drainage and water supplies o f dairies; (b) prescribing types and standards o f equipment to be used in the production or manufacture o f milk and milk products; (c) prescribing minimum standards o f milk and milk products and prohibiting the sale o f any milk or milk product which does not conform to any such minimum standard; (d) prescribing methods o f treatment and disposal o f any waste product or effluent resulting from the production or processing o f milk and milk products; (e) prescribing methods o f processing milk and manufacturing milk products; (f) prescribing methods and conditions o f use, limitations on the use o f preservatives, coloring or other substances added to milk or milk products; 717 No. 8 D a iry Industry 2004 (g) providing for the cleanliness o f vehicles and vessels used for the transport o f milk and milk products; (h) prescribing methods o f packaging any milk or milk products; (i) prescribing methods for cooling, aerating, storing, conveying and distributing milk and milk products; (j) providing for the grading o f milk or milk products, labeling and description to be used to distinguish any grade o f milk or milk product and prohibiting the sale or delivery for sale o f any milk or milk product under any description or distinguished by any marking other than that appropriate to the grade or type thereof; (k) prescribing methods for grading milk or milk products; (I) providing for the issue o f grading certificates to producers or manufacturers and for cancellation o f such certificates; (m) prescribing precautions to be taken for the protection o f milk or milk products from infection or contamination; (n) providing for the disposal o f infected or contaminated milk or milk products; (o) providing for the inspection o f dairies and persons in or about dairies who have access to milk or milk products or to any vessels or containers used therein; (p) providing for the inspection, sampling, examination and analysis o f milk and milk products at any time before retail sale; (q) prescribing the duties o f inspectors, graders, sampling officers and analysts; (r) providing for the sampling, examination and analysis o f any article or substance found within a dairy; (s) authorizing any person authorized by the Board to seize and detain milk or any milk product and any vehicle carrying such milk or milk product; (t) prescribing forms required in the implementation o f the Act and regulations; (u) prescribing conditions under which milk or milk products may be imported into or exported from Tanzania; (v) prescribing anything which may be prescribed under this Act, or which may be required for the better carrying into effect o f the provisions o f this Act. No. 8 D airy Industry
Part
PART VII
- 32 Verify source ↗
Powers o f the Minister to make regulation
This section indicates that the Minister has power to make regulations.
32. Powers o f the Minister to make regulation. - 35 Verify source ↗
Repeal
This section repeals the Dairy Industry Act, 1965.
35. Repeal. 706 No. 8 D a iry Industry 2004 THE UNITED REPUBLIC OF TANZANIA N o. 8 o f 2004 I A s s e n t , B e n j a m i n W. M k a p a President 4 th June, 2004 An Act to provide for the production, regulation and promotion of the dairy industry; establishment of the Tanzania Dairy Industry Board and repeal of the Dairy Industry Act, 1965 and for other related matters i................. ....................i PART I P r e l i m i n a r y P r o v i s i o n s - 33 Verify source ↗
The Minister may, from time to time amend any o f the Schedules
The Minister may amend the Schedules under the Act from time to time.
33. The Minister may, from time to time amend any o f the Schedules under this Act. - 34 Verify source ↗
The Minister may, by notice published in the G azette, exempt
The Minister may exempt any class of persons from all or some provisions of the Act by notice published in the Gazette.
34. The Minister may, by notice published in the G azette, exempt any class o f persons from all or any o f the provisions o f this Act. - 35 Verify source ↗
(l) The Dairy Industry Act, 1965 is hereby repealed
This section repeals the Dairy Industry Act, 1965, and lets the Minister amend the Schedules.
35 .-(l) The Dairy Industry Act, 1965 is hereby repealed. (2) Any applicable regulations, rules orders or notices made under the Dairy Industry Act, 1965 and in force, shall remain in force, so far as may be, as if they have been made as regulations, rules, notices or orders under this Act until such time as they are amended or revoked by regu lations, rules, orders, or notices made under this Act. 2004 Minister m a y amend the Schedules E x e m p tio n Repeal o f Cap 590 S C H E D U L E S F I R S T S C H E D U L E (Made under section 6) T E N U R E O F O F F I C E . M E E T I N G S A N D P R O C E E D I N G S O F T H E A N N U A L C O U N C I L 4
Part
PART I
- 1 Verify source ↗
(l) This Act may be cited as the Dairy Industry Act, 2004 and Short title
This section gives the Act its short title and lets the Minister set the commencement date by Gazette notice, including different dates for different parts.
1 .-(l) This Act may be cited as the Dairy Industry Act, 2004 and Short title shall come into force on such date the Minister may, by notice published in the Gazette, appoint. (2) The Minister may appoint different commencement dates for different parts o f this Act. - 2 Verify source ↗
{ 1) This Act shall apply to all milk and milk products
This Act applies to all milk and milk products, except milk or milk products not intended for sale or produced for consumption by the producer, family, employees, or animals kept by the producer.
2.-{ 1) This Act shall apply to all milk and milk products. Scope (2) Without prejudice to subsection (1), this Act shall not apply to milk or milk products not intended for sale and those produced for con sumption o f the producer, members o f his family, his employee or ani mals kept by him. - 3 Verify source ↗
In this Act unless the context otherwise requires
This section defines key terms used in the Act, including “Annual Council,” “Board,” “dairy,” “milk,” “milk product,” and several industry roles.
3. In this Act unless the context otherwise requires: "Annual Council" means a council established under section 4; "Board" means the Tanzania Dairy Board established under section 8 o f interpreta- tlon this Act; "dairy" means any premises used for the production, processing or manufacturing o f milk into milk products for sale; 707 No. 8 D airy Industry 2004 "designated milk" means milk o f milch animals other than that o f cows; "milk" means milk o f cows; "milk product" means any product prepared from milk by any approved process including heating, separation, fermentation, evaporation, d ic ing and includes cultured sour milk, youghurt, butter, ghee, cream, dairy ice cream and any other product manufactured wholly or mainly from milk; "milkshed area" means any part o f Mainland Tanzania which has a recognized dairy industry stakeholder or organization at district, regional or zonal level; "milk vendor" means a person who carries on business o f selling milk or milk products by delivering it to the places o f residence or business o f a purchaser; "Minister" means the Minister responsible for livestock development; "producer" means any person who keeps cattle or other milch animals for the production o f milk, and includes a manager or a person who carries out the business o f processing milk or milk products; "processor" means any person who carries out the business o f process ing milk or milk products; "producer- processor" means a person who processes milk or milk products solely obtained from his own farm; "pasteurized cream" includes any kind o f milk product classified as such; "pasteurized milk" includes any kind o f milk product classified as such; "retailer "means a person who buys milk or milk products from a distribu tor for resale to consumers; "registered dealer" means a producer, processor, marketing agent, im porter, exporter, dairy inputs supplier,, manufacturer registered under section 17 o f this Act; and "Stakeholder" means an individual, organization or institution, private or public, interested in, concerned with, or involved in the development o f the dairy industry in Mainland Tanzania, whether directly or indirectly. PART II E s t a b l i s h m e n t o f t h e A n n u a l C o u n c i l
Part
Schedules
- 1 Verify source ↗
T h e m e m b e r s sha ll elect o n e a m o n g s t their n u m b e r to b e V i c e - C h a i r m a n o f th e
The members must elect one of their number to be Vice-Chairman of the Annual Council.
1. T h e m e m b e r s sha ll elect o n e a m o n g s t their n u m b e r to b e V i c e - C h a i r m a n o f th e A n n u al C ou n cil. - 2 Verify source ↗
( 1) T h e m e m b e r s o f the A n n u a l C o u n c il shall hol d of fice for a period o f th ree y ears
Annual Council members serve for three years and may be re-appointed for another three years.
2.-( 1) T h e m e m b e r s o f the A n n u a l C o u n c il shall hol d of fice for a period o f th ree y ears an d shall be elig ib le for r e - a p p o i n t m e n t for a f u rth e r p e r io d o f th r e e years. (2) A m e m b e r o f the A n n u a l C o u n c il m a y at any tim e resign his office by giv in g notice in writin g a d d ress ed to the M inister, a nd fro m the d ate sp e cified in the n o t i c e or, if no d ate is so sp e cified , f ro m th e d a te o f th e receip t o f the n o tic e by the M in is te r, he shall cease to be a member. (3) In the case o f a m e m b e r w h o is a m e m b e r by v ir tu e o f his h o l d i n g s o m e o t h e r office, he shall c eas e to be a m e m b e r u p o n his c e a s i n g to h o ld that office. - 3 Verify source ↗
W h e r e a m e m b e r o f th e A n n u a l C o u n c il w h o is a m e m b e r by virtu e o f h is h o l d i n g
If an Annual Council member who holds office is unable to attend, someone from that person’s organization may attend in the member’s place.
3. W h e r e a m e m b e r o f th e A n n u a l C o u n c il w h o is a m e m b e r by virtu e o f h is h o l d i n g s o m e o th e r o ffice is u n a b l e for an y r e a so n to atten d a n y m e e t i n g o f the A n n u a l C o u n c il , an o t h e r p erson f ro m his o r g a n i z a t i o n m a y a tte n d the m e e t i n g in his place. - 4 Verify source ↗
Section 4
If a member stops being a member before the end of the term, the appointing authority may appoint someone else to take the place and serve the rest of the term.
4. W h e r e an y m e m b e r ce a s e s to be a m e m b e r for an y reaso n b efo re th e ex p i r a t i o n o f his term o f of fice, the a p p o i n t i n g a u t h o r i ty m a y a p p o i n t a n o t h e r p e r s o n in his p la c e a nd the perso n so a p p o i n t e d shall h o l d office for the r e m a i n d e r o f th e term o f office o f his predecessor. Vice- Chairm an Tenure o f office o f m em ber s P r o x y re p re se n ta tio n Casual v acan c y 719 No. 8 M eeting o f the Annual Council D airy Industry 2004 - 5 Verify source ↗
( I )The A n n u a l C o u n c il shall o r d i n a r i l y m eet o n c e e v e r y y e a r for the tran sactio n
The Annual Council normally meets once a year, chaired by the Chairman or Vice-Chairman, and the Chairman or Vice-Chairman can call special meetings and invite non-members to take part in deliberations without voting rights.
5 . —( I )The A n n u a l C o u n c il shall o r d i n a r i l y m eet o n c e e v e r y y e a r for the tran sactio n o f its b u s i n e s s at the tim es an d at the p l a c e s d e t e r m i n e d by it. (2) I h e C h a irm an , or in his a b s e n c e the V ic e - C h a ir m a n , shall p resid e at every m e e tin g o f th e A n n u al C o u n c il and in th e a b s e n c e o f b o t h the C h a i r m a n and the V i c e - C h a i r m a n , the m e m b e r s presen t shall a p p o i n t o n e o f th e ir n u m b e r to p r e s i d e o v e r the meeting. (3) T h e C h a ir m a n , or in his a b s e n c e the V ic e - C h a i r m a n , m a y at any tim e call a special m e e t i n g o f the A n n u a l C o u n c il an d shall call a spe cial m e e t i n g u p o n a w ritte n re q u e st by a m a j o r it y o f the m e m b e r s in office. (4) T h e C h a ir m a n , o r in his a b s e n c e the V ic e - C h a i r m a n . may in\ itc any p e r s o n w h o is not a m e m b e r to p articip ate in th e d e l i b e r a t i o n s at an y m e e t i n g o f the A n n u a l C o u n c il, b ut a n y p erso n so invited shall n o t be e n title d t o vote. Q uorum - 6 Verify source ↗
I h e Q u o r u m at an> m e e t i n g o f th e A n n u a l C o u n c i l sha ll be h a l f o f the m e m b e r s in
A meeting of the Annual Council has a quorum when half of the members in office are present.
6. I h e Q u o r u m at an> m e e t i n g o f th e A n n u a l C o u n c i l sha ll be h a l f o f the m e m b e r s in office. Decisions o f the Annual Council - 7 Verify source ↗
( I ) M a tte rs p r o p o s e d at a m e e t i n g o f th e A n n u a l C o u n c il shall be d e c i d e d by
Annual Council decisions are made by majority vote, with a casting vote for the presiding person if votes are equal.
7.-( I ) M a tte rs p r o p o s e d at a m e e t i n g o f th e A n n u a l C o u n c il shall be d e c i d e d by m ajority o f votes o f the m e m b e r s p r e se n t a nd \ o t i n g an d in the e v e n t o f eq u ality o f votes, t h e p e r so n p resid in g shall h ave a se c o n d or c a s t i n g vote in a d d itio n to his o rig in a l or d e lib e r a tiv e vole. (2 ) A d ecisio n m a y be m a d e by the A n n u a l C o u n c i l w i t h o u t a m e e t i n g by c ir c u la tio n o f th e relevant p a p e r s a m o n g s t the m e m b e r s a n d t h e e x p r e s s i o n o f the v i e w s o f the m ajority o f the m e m b e r s in w r i t in g be h o n o u r e d bu t an y m e m b e r may req u ire th at the d e c i s i o n he d eferred a n d the s u b j e c t m a t t e r b e c o n s i d e r e d at a m e e t i n g o f the A n n u a l Council. Minutes of Meetings - 8 Verify source ↗
( I ) ['he A nn u al C o u n c il shall c a u s e to be r e c o r d e d a n d k ept m in u te s o f all b u sin e ss
The Annual Council must keep minutes of its meetings, confirm them at the next meeting, and have them signed by the presiding person.
8.-( I ) ['he A nn u al C o u n c il shall c a u s e to be r e c o r d e d a n d k ept m in u te s o f all b u sin e ss c o n d u c t e d or tran sacted at its m e e t i n g s , a n d the m i n u t e s o f e a c h m e e tin g o f th e A n n u a l C o u n c il shall be read an d c o n firm ed , o r a m e n d e d an d co n firm ed , at the next m eetin g o f the A n n u a l C o u n c il and sig n e d by the p e r s o n p r e s i d i n g at the m eetin g . Vacancies. etc . not to invali date p r o c e e d ings t ( )rder v directions, etc ol Annual I ounci! P r o c ' lit’ th e Documents (2) A i n m inute., p u r p o r t i n g to be si g n e d by the p e r s o n p r e s i d i n g at a m e e tin g o f the A n n u a l Co un c il shall, in the a b s e n c e o f p r o o f o f error, be d e e m e d to be a corre ct record o f the m e e tin g w h o s e m i n u t e s they p u r p o rt to be. (). The validity o f any act or proceeding o f the A nnual Council shall not be a f f e c t e d by any vacanc y a m o n g its m e m b e r s o r by any d e f e c t p r o c e e d i n g s in the a p p o i n t m e n t o f any o f them. - 10 Verify source ↗
Section 10
Documents made or issued on behalf of the Annual Council must be signed by the Chairman or Vice-Chairman and the Secretary.
10. All orders , directio n s, n o t i c e s o r o t h e r d o c u m e n t s m a d e or issu ed o n b e h a l f o f the A n n u al C o u n c il shall be s ig n e d by- la) th e C h a ir m a n or V i c e - C h a i r m a n o f th e A n n u a l C o u n c il : and (b) the Secretary. - 11 Verify source ↗
Section 11
A document said to be under the hand of specified officers, or issued on behalf of the Annual Council, is admissible as evidence unless the contrary is shown.
11. Any d o c u m e n t p u r p o r t i n g to be u n d e r h a n d o f the C h a ir m a n , V ic e - C h a i r m a n . Secretary as to any reso lutio n o f A n n u a l C o u n c il or as h a v in g be e n issued on b e h a l f o f the A n n u a l C o u n c il, shall be r e c e iv a b le in all co urt o r tr ib u n a ls or o t h e r b o d ie s a u t h o r i z e d to r ec e iv e e v i d e n c e and shall, u n le s s t h e contrary is s h o w n , be d e e m e d , w ith o u t fu rther p ro o f, to be sufficient e v i d e n c e o f w h a t is c o n t a i n e d in the d o c u m e n t 720
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