Tanzania Regulation

Parliament of Tanzania

The Standards (Tested Products)(Amendment) Regulations, 2021

These Regulations may be cited as the Standards (Tested Products) (Amendment) Regulations, 2021, and they are to be read together with the Standards (Tested Products) Regulations, 2009. This provi…

certificate applicationcertificate cancellationcertificate suspensioncertification withdrawalcompliancecosmetic product compliancecosmeticsdefinitionsenforcementfeesfees and chargeslabellingBusiness registrationmarkingpackagingpremises registrationproduct certificationproduct labelingproduct registrationquality controlregistration and certificationregulatory amendmentregulatory complianceregulatory feessale of goodstesting and inspectiontextual amendment

Jurisdiction: Tanzania
Structure: 18 provisions
Citation: The Standards (Tested Products)(Amendment) Regulations, 2021
Dates: Undated source snapshot

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“These Regulations may be cited as the Standards (Tested Products) (Amendment) Regulations, 2021, and they are to be read together with the Standards (Tested Products) Regulations, 2009.”

These Regulations may be cited as the Standards (Tested Products) (Amendment) Regulations, 2021, and they are to be read together with the Standards (Tested Products) Regulations, 2009. This provision amends regulation 1 of the principal Regulations by deleting subregulation (2) and redesigning subregulation (1) as regulation 1. This section amends regulation 2 by inserting the words “commodity or” into the definition of “tested product”. This provision amends regulation 3 of the principal Regulations. A manufacturer of any product other than food or cosmetics must apply to the Director General for a Tested Product Certificate using the First Schedule form and paying the relevant fees and inspection charges.

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These Regulations may be cited as the Standards (Tested Products) (Amendment) Regulations, 2021, and they are to be read together with the Standards (Tested Products) Regulations, 2009.

Section 1

A manufacturer of any product other than food or cosmetics must apply to the Director General for a Tested Product Certificate using the First Schedule form and paying the relevant fees and inspection charges.

Section 5

This provision amends regulation 9(e) by replacing “termination” with “cancellation” after the words “upon the”.

Section 10

Construction

A person must not sell products or commodities unless the marking and labelling meet standards set by the Minister on the Bureau’s recommendation, and must not sell products in misleadingly labelled or marked containers or packages.

Section 13

Construction

The schedule for applying for a Tested Product Certificate is replaced, and applicants must provide accurate information, pay pre-certificate costs, and accept a three-month application validity period.

Section 13

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Showing 18 of 18 provisions

Amendment 10Substitution 6ProvisionOffence

§ 12Amendment

These Regulations may be cited as the Standards (Tested Products) (Amendment) Regulations, 2021, and they are to be read together with the Standards (Tested Products) Regulations, 2009.

1. These Regulations may be cited as the Standards (Tested Products) (Amendment) Regulations, 2021 and shall be read together with the Standards (Tested Products) Regulations, 2009, hereinafter referred to as the “principal Regulations”.

Section 1Verify source

§ 23Amendment

This provision amends regulation 1 of the principal Regulations by deleting subregulation (2) and redesigning subregulation (1) as regulation 1.

2. The principal Regulations are amended in regulation 1 by – (a) (b) deleting subregulation (2); redesigning subregulation (1) as regulation 1.

Section 2Verify source

§ 34Amendment

This section amends regulation 2 by inserting the words “commodity or” into the definition of “tested product”.

3. The principal Regulations are amended in regulation 2, by inserting the words “commodity or” between the words “means a” and the word “product” appearing in the definition of the term “tested product”.

Section 3Verify source

§ 45Amendment

This provision amends regulation 3 of the principal Regulations.

4. The principal Regulations are amended in regulation 3 by- (a) inserting the words “set out in the Second Schedule to these Regulations” between the words “certificate” and the words “in respect” appearing under subregulation (1); and (b) at the end of subregulation (1); (c) following: adding the words “as specified under regulation 5” adding immediately after subregulation (2) the 2 GN. NO. 684 (Contd.) Standards (Tested Products) (Amendment) “(3) The procedure for registration of pre-packaged food, cosmetics and premises shall be as prescribed in the Standards (Certification of Products and Registration of Premises) Regulations, 2021.”. Amendment of regulation 4

Section 4Verify source

§ 56Substitution

5. The principal Regulations are amended in regulation 4 by – deleting subregulation (1) and substituting for it (a) the following: GN. No. 496L of 2021 for food “4.-(1) Save and cosmetics, a manufacturer of any other product who wants to obtain a Tested Product Certificate shall apply in a form set out in the First Schedule to these Regulations the Director General accompanied by the relevant fees and inspection charges as prescribed under the Standards (Fees and Charges) Regulations, 2021.”; to deleting the word “firm” appearing at the end of the word (b) subregulation (6) and substituting for “applicant”. it Amendment

Section 5Verify source

§ 67Substitution

This section amends regulation 5 by replacing paragraph (d) and inserting the word “Second” before “Schedule” in paragraph (e).

6. The principal Regulations are amended in of regulation regulation 5 by- 5 deleting paragraph (d) and substituting for it the (a) following: GN. No. 496L of 2021 the relevant fees as specified in (Fees and Charges) “(d) the Standards Regulations, 2021 have been paid; inserting in paragraph (e) the word “Second” (b) immediately before the word “Schedule” Amendment of regulation 6

Section 6Verify source

§ 78Amendment

This provision amends regulation 6, including adding a 14-day wording and a new appeal rule to the Minister.

7. The principal Regulations are amended in regulation 6 by– (a) inserting the words “within fourteen days” between 3 GN. NO. 684 (Contd.) Standards (Tested Products) (Amendment) deleting the words “and his decision shall be final” the words “shall” and “decide”; (b) appearing at the end of subregulation (4); and (c) following: adding immediately after subregulation (4) the “(5) Where the applicant is aggrieved with the decision of the Bureau under subregulation (4) he shall appeal to the Minister in accordance with the Act.”.

Section 7Verify source

§ 89Substitution

Regulation 7 is amended by replacing its marginal note with “Surveillance inspection.”

8. The principal Regulations are amended in regulation 7 by deleting the marginal note and substituting for it the words “Surveillance inspection”.

Section 8Verify source

§ 910Substitution

This provision amends regulation 8 and replaces it with a rule that withdrawal, cancellation, and suspension of a Tested Product Certificate are to follow the Standards (Certification of Products Premises) Regulations, 2021.

9. The principal Regulations are amended by deleting regulation 8 and substituting for it the following: Amendment of regulation 7 Amendment of regulation 8 Cancellation, withdraw and suspension of tested product certificate “8. The procedures withdrawal of Tested for and cancellation, suspension Product Certificate shall be as prescribed under the Standards (Certification of of Products Premises) Regulations, 2021.” and Registration Amendment of regulation 9

Section 9Verify source

§ 1011Substitution

This provision amends regulation 9(e) by replacing “termination” with “cancellation” after the words “upon the”.

10. The principal Regulations are amended in regulation 9(e) by deleting the word “termination” appearing immediately after the words “upon the” and substituting for it the word “cancellation”. Amendment of regulation 10

Section 10Verify source

§ 1112Amendment

This section amends the principal Regulations by changing regulation 10 to add “and maintained” and by adding regulations 12 to 16.

11. The principal Regulations are amended in regulation 10 by inserting the words “and maintained” between the word “kept” and the words “by the”. Addition of regulations 12 to 16

Section 11Verify source

§ 1213Amendment

This section amends the principal Regulations by inserting new text after regulation 11, but the inserted text is truncated in the source provided.

12. The principal Regulations are amended by adding immediately after regulation 11 the following: “Responsibilities licence holder of

Section 12Verify source

§ 1213Amendment

A licence holder is responsible for the information submitted for registration, certification, and variation, and for making sure the registered cosmetic is safe, good quality, and meets the prescribed requirements.

12. A licence holder shall be responsible for- 4 GN. NO. 684 (Contd.) Standards (Tested Products) (Amendment) all the application information supplied (a) in support of for registration, certification and variation thereof; and (b) ensuring safety and quality of the registered cosmetic and that the product all requirements as prescribed under these Regulations. complies with Labelling

Section 12Verify source

§ 13ConstructionProvision

13.-(1) A person shall not sell any product or commodity unless its marking and labelling complies with required standards prescribed by the Minister upon recommendation of the Bureau. is (2) A person shall not sell a product or commodity in a container or package which labelled or marked in such a way that- (a) cosmetic; or (b) it is likely to be misleading as to the nature, quality or uses of the cosmetic. describes falsely the it Notification of change and approval

Section 13Verify source

§ 14(1) Where for any reasonAmendment

If a licence holder changes composition, packaging, or labelling, they must notify the Bureau before launching the cosmetic to market.

14.-(1) Where for any reason the licence holder changes any matter related to composition, packaging or labelling he shall, before launching the cosmetic to the market, notify the Bureau. (2) The Bureau shall, upon and register approve verification of the changes- (a) changes; or (b) reject the notification if the reasons submitted do not warrant the intended changes and shall informthe for licence holder reasons the the 5 GN. NO. 684 (Contd.) Standards (Tested Products) (Amendment) rejection. General penalty

Section 14Verify source

§ 15A person who commits anOffence

If a person commits an offence under these Regulations and no specific penalty is prescribed, conviction can lead to a fine, imprisonment for up to five years, or both.

15. A person who commits an offence under these Regulations where no specific penalties has been prescribed commits an offence and upon conviction shall be liable to a than five million fine shillings and not exceeding one hundred million shillings or a term of imprisonment not exceeding five years or to both. not less Fees and charges GN. No. 496L of 2021

Section 15Verify source

§ 16There shall be charged andAmendment

Fees must be charged and paid for matters covered by these Regulations, as set by the Standards (Fees and Charges) Regulations, 2021.

16. There shall be charged and paid such fees in respect of the matters specified under these Regulations as prescribed in the Standards (Fees and Charges) Regulations, 2021.” Amendment of Schedule

Section 16Verify source

§ 13ConstructionSubstitution

13. The principal Regulations are amended by deleting the Schedule and substituting for it the following: “ 6 GN. NO. 684 (Contd.) Standards (Tested Products) (Amendment) ______ FIRST SCHEDULE ______ (Made under regulation 4(1)) APPLICATION FOR TESTED PRODUCT CERTIFICATE Name of Applicant ……………………………………………………………………... Address ……………………………………………………………..…………………… Address of factory (ries) if different from above ………………………………………………… Contact …………………………..…………………. Telephone No ……………………………………….. Email address ………………………………. ……………………………………… Person Position Description of product including model or type: ……………………………………………………………………………………………..……… …………………………………………………………………………………………...…………… …………………………………………………………………………………………………...…… ……………………………………………………………………………………………………….. A copy of the product specification is to be attached.* Details of approvals granted by other authorities. ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… I hereby undertake: (a) To conform to the regulations of the use of the “Tested Product” Certificate and the requirements of the basic scheme of Inspection and Test; (b) To pay all costs connected with assessment, testing and administration in the pre-certificate stage, irrespective of the eventual granting of a certificate. Note: receipt. (1) (2) This application is valid for a maximum period of three months from the date of In unavoidable circumstances testing and inspection may be subcontracted. N.B. The Applicant shall be accountable to all information supplied in support of his application for Tested Product Certificate and any false declaration constitutes an offence. Enclosed cheque number …………………………………….. Amount ……………………………….. Date……………………………………………………………Signature ………………………………. *Product specification may be an existing published National, International or Company standard. 7 GN. NO. 684 (Contd.) Standards (Tested Products) (Amendment) ______________ SECOND SCHEDULE _____________ (Made under regulation 3(1) and 5(e)) This certificate relates to:………………Manufactured No. ………………….. by:………………………………….. This certifies that …………………….… manufactured by ………………………………., has been tested by the Tanzania Bureau of Standards, TBS and found to comply with the specification as detailed in the second part of this certificate. This product is manufactured in accordance with a quality control system acceptable to TBS. The company shall be permitted to use the above certificate number in relation to the tested product in a manner acceptable to TBS. TBS shall carry out regular surveillance visits to the manufacturing site for the selection of samples for independent test and to ensure that the approved quality control system is in operation. This certificate shall be valid from ……… to ….…… and may be renewed in accordance with the provisions of the Regulations. Date at : ……………… this …………….. day of ……………………………. DIRECTOR GENERAL Dodoma, KITILA A. MKUMBO 1st September, 2021 Minister for Industries and Trade 8

Section 13Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Bureau under subregulation (4) he shall appeal to the Minister in accordance with the Act
Section 7

N–S

4 instruments

principal Regulations
Sections 11, 12
Products and Registration of Premises) Regulations, 2021
Section 4
Products Premises) Regulations, 2021
Section 9
regulation 1 of the principal Regulations
Section 2

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