THE DAIRY INDUSTRY (IMPORT AND EXPORT OF MILK AND MILK PRODUCTS (AMENDMENT) REGULATIONS, 2020

1. These regulations may be cited as the Dairy Industry (Import and Export of Milk and Milk Products) (Amendment) Regulations, 2020 and shall be read as one with the Dairy Industry (Import and Export of Milk and Milk Products) Regulations, 2012, hereinafter referred to as the “principal Regulations.” Amendment of regulation 3

2. The principal Regulations are amended in regulation 3 by- (a) deleting the definitions of the terms "Competent Authority", “inspector”, “milk importer”, "milk exporter" and “dairy” and substituting for them the following: “"Competent Authority” means an authority with legal “milk a person, or mandate to perform a designated function; importer” means that buys milk and milk products, from milk producing country for sell into Tanzania; “milk exporter” means a person, or an entity that produces or buys milk and milk products sells outside Tanzania;” entity (b) inserting in its appropriate alphabetical order the following new definition: “consignment” means batch of milk or milk products destined to be delivered to someone in one shipment or one load and within one documentation of all declarations; Amendment of regulation 4

3. The principal Regulations are amended by deleting regulation 4 and substituting for it the following: “Registration GN. No. 208 of 2007

4.-(1) No person or organization shall export or import milk and milk products before being registered by the Board. (2) Application for registration as importer or exporter of milk and milk products shall follow procedures provided under the Dairy Industry (Registration of Stakeholders) Regulations, 2007.” Amendment of regulation 8

4. The principal Regulations are amended in regulation 8(2) by deleting figures “1.0%” and substituting for them figures “1.75%.” 1 Dairy Industry (Import and Export of Milk and Milk Products (Amendment) Amendment of regulation 18

5. The principal Regulations are amended in regulation 18(d) by deleting the words "less than five hundred thousand" and substituting for them the words “exceeding five million”. Addition of regulation 18A

6. The principal Regulations are amended by adding immediately after regulation 18 the following: "Compounding of offences

18A.-(1) Where a person admits in writing that he has committed an offence under these regulations, the Registrar or any authorized officer, in writing, may, at any time prior to the commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of the fine to which such person would otherwise been liable to pay if he have been convicted of such offence. (2) Subject to subregulation (1), a person whose an offence has been compounded shall fill compounding form prescribed in the Eighth Schedule to these Regulations and make payment of penalty imposed within fourteen days. (3) Failure to make payment within the prescribed time, a person whose an offence has been compounded shall pay penalty and interest of twenty percent of such penalty." Amendment of Schedule

7. The principal Regulations are amended: (a) by deleting the Second Schedule and substituting for it the following: 2 Dairy Industry (Import and Export of Milk and Milk Products (Amendment) _______________ "SECOND SCHEDULE ________________ (Made under regulation 7) FORM NO. 1 APPLICATION TO IMPORT MILK AND MILK PRODUCTS Ref…………………………………. To be completed by the applicant Part I: Application Date: ……………………………………………………………….…. Name of the Importer …………………………………….………………………… TDB Registration No.…………………………………………………………….… Address: Tel. No.: ……………………………… Business Location: ……………………. E-mail……………………Street/Road…………………………Town: …………. TIN no.………………………VAT registration NO.: ………………………….... Type of milk and milk products (Milk powder/UHT/Butter/Ghee/Pasteurised milk/ice cream/Dairy ice/Cheese/Yoghurt/Condensed milk/everporated milk/infant formula/Cream/cultured sour milk/Butter milk/Milk shake/Other milk products): ……………………………………….……………………………………………… Harmonized System (HS) Code for the milk and milk products …………………………………………………………………………… Value F.O.B (Foreign currency from exporting country) …………………………. Value (in words): …………………………………………………………….……. Quantity Kg/lt. (in figures): ………………………………………………………. Quantity Kg/lt. (in words) ………………………………………………………… Country of Origin*: ……………………………. …..……………………………. Destination: …………………………….………………………………………….……………. ………………………………………………………………………….…………. Date of processing: ………………………………………………………………… Date of Manufacture: ………………………………………………………………. Use by Date: ………………………………………………………………………. Point of Entry: ………………………………………………………………...…… Expected Landing Date: …………………………………………………………… Storage Premises: Town: …………………………………………………….…… Street/Road: ……………Warehouse No.: ….………L.R./Plot No.: ……………. Date of last import: ………………………………………………………………… Quantity of last import (Kg/ton/lt): ……………………Value Tsh……………… 3 of Dairy Industry (Import and Export of Milk and Milk Products (Amendment) Purpose of importation: Commercial  Donation  Domestic  Other  (specify) (Tick where appropriate) Quantity of similar locally produced milk and milk products(s) sold in last one- month Kg/lt…………………………………………………………………………. Source products ……………………………………………………………………………………… Declaration: I/we …………………………………………. The undersigned of ……………… (Company Name) and being the Agent/principal of….……. (Name of Importer) do hereby declare that the information and particulars declared herein are true and complete and I/We accept to comply fully with the conditions and requirements provided by the Dairy Industry Act Cap 262 or any other Law relating to exports of milk product. produced locally milk milk and Date……….…… Signature of Applicant…………………. Designation……….… Note. Part 1: to be completed by the applicant. Misleading information in part 1 may lead to invalidation of the application and/or prosecution. For Official Use Only for TANZANIA DAIRY BOARD Part II: Evaluation I have examined the application Value F.O.B. (in figures): TZS. ……………………………………………………. Value (in words): TZS ……………………………………………………………. I recommend /do not recommend

2. ………………………………………………………………………….………… Name ………………………………………. Designation………………………… Signed …………………………………………………… Date …………………. The form is valid for three months only, for only one consignment from the date of approval. FEES PAYABLE UNDER THESE REGULATIONS

1. Application fee …………………………………………………...… TZS 30,000

2. Fee for the issue of permit …………………………….……. 1.75% FOB value Part III: Approval by the Registrar This permission to import kg/ton/lt ……………………………… of (type of milk and milk products) …………………………… is approved. Registrar (Name)…………………………... Signature …………………………… Official stamp……………………………. 4 Dairy Industry (Import and Export of Milk and Milk Products (Amendment) Note:

1. This form is Valid for one consignment only.

3. Attach the following: Pro-forma Invoice of the consignment, Animal health Import Certificate from the director of veterinary services, business license, certificate for Safety and Quality Compliance for Product and premise registration certificate from a competent authority." 5 Dairy Industry (Import and Export of Milk and Milk Products (Amendment) (b) by adding immediately after the Seventh Schedule the following: __________________ "EIGHTH SCHEDULE __________________ (Made under regulation 18A (2) TANZANIA DAIRY BOARD THE DAIRY INDUSTRY ACT NO. 8 OF 2004 COMPOUNDING FORM (To be filled in triplicate)

1. Particulars of the owner Name of the owner: ………………………………………………………….… Pone No.………………………………………………………………........…... Physical address: ………………………………………….…………………… District: ……………….………………………………………………….….…. Postal Address: ……….…………………………………………………...…… Region: ……………………………………………………………………...…. Time of Arrest: ……....……………………………………………….……….

2. Declaration of an Inspector/authorized officer at the products premises milk/milk I …………………………………………. (Name of Inspector) have the reason to believe that ................................................(Name of Dairy) possess a stock at of ……………………………………………………………contravenes the provisions of the Dairy Industry Act, 2004 and Regulations made thereunder that is: i. ………………………………………………………………. ii. ……………………………………………………………… iii. ……………………………………………………………… and I hereby notify the offender that I intend to impose a penalty of TZS ……. Signed this…………………. day of…………………20………at………….… situated S/ N

3. Details of milk/milk product Compounded Expiry date Commo n name Brand name Qty in litres or kgs Batc h No. Date of manufa cture Reason for Compounding Compoun ded offence (TZS) 6 Dairy Industry (Import and Export of Milk and Milk Products (Amendment)

4. Descriptions of carrier/premise Name of carrier/premise ……………………….…………………………………… Registration number…………………………………………………...……………. Dimension/tonnage………………………………………………...……………….

5. Declaration of the Owner or his Agent/Representative/offender I consent that the named milk/milk products of …………Kilogram/Liters worth TZS ………………….…. Contravenes the Dairy Industry Act, 2004 and Regulations as named above and I hereby agree to pay a penalty of TZS……………………… as compounded offence within ……. Days from this day of (Date) …………………………. ……………………………….... ……..…………….…………… Name of owner or representative Date…………………………. Signature of owner or representative For official use I, ……………………………………. being the Registrar/a person authorized by the Registrar; having considered the offence committed and the declaration and defense of the offender, do hereby compound /not compound offence named in item………………………………. of 2nd paragraph above and order ………………………………….to of Tshs……………………… within………………………… from this……… day of…………., 20………. of money sum pay a Names ………….……… ……………….….. ………………….... Signature (s) Date …………………………………. Official Stamp" Dodoma, LUHAGA JOELSON MPINA 12th July, 2020 Minister for Livestock and Fisheries 7