The Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017

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Jurisdiction: Tanzania
Instrument: Regulation
Citation: The Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017
Version: Undated source snapshot
Language: en
Official source: View official record ↗

alcoholic beverages appeals compliance compliance monitoring confiscation court orders distribution enforcement environmental compliance environmental enforcement environmental regulation guidelines import controls importation manufacturing packaged alcoholic beverages packaging plastic products plastic sachet disposal plastic sachets possession prohibited goods public education regulatory appeals +7 more

Statute overview

About this statute

These Regulations are cited as the Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017, and they come into force on the 1st day of Mach, 2017. These regulations concern the manufacturing, importation, and use of plastic sachets for packing distilled and other alcoholic beverages. This section defines key terms used in the Regulations. These Regulations aim to ban the manufacturing, importation, and use of plastic sachets for packing distilled and other alcoholic beverages. Plastic sachets for packing distilled or other alcoholic beverages are prohibited from being manufactured or imported, and licensing authorities must not register or issue licenses for those activities after the regulations start.

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Provisions of The Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017

Showing 15 of 15

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AI-assisted research summary: These Regulations are cited as the Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017, and they come into force on the 1st day of Mach, 2017.

1. These Regulations may be cited as the Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017, and shall come into force on the 1st day of Mach, 2017.
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AI-assisted research summary: These regulations concern the manufacturing, importation, and use of plastic sachets for packing distilled and other alcoholic beverages.

2. These Regulations the manufacturing, importation and use of plastic sachets for packing distilled and other alcoholic beverages. apply shall to Interpretation
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Citation
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AI-assisted research summary: This section defines key terms used in the Regulations.

3. In these Regulations, unless the context otherwise Cap 191 requires- “Act” means the Environmental Management Act; “Council” means the National Environment Management Council established under the Act; “Director of Environment” means the Director of Environment appointed under section 14 of the Act; “Environment Management Officer” means an officer appointed under or designated to, pursuant to sections 36 or 39 of the Act; 3 The Environment Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017 GN. No. 76 (contd). “Environment Appeals Tribunal” means the Environment Appeals Tribunal established under section 204 of the Act; “environment inspector” means an inspector appointed or designated under section 182 of the Act; “plastic sachet” means a sachet made of plastic film used for packing distilled and other alcoholic beverages. PART II OBJECTIVES Objective

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PART II

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Objectives of these Regulations
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AI-assisted research summary: These Regulations aim to ban the manufacturing, importation, and use of plastic sachets for packing distilled and other alcoholic beverages.

4. The objective of these Regulations is to impose a total ban on the manufacturing, importation and use of plastic sachets for packing distilled and other alcoholic beverages regardless of their thickness. PART III PROHIBITION OF MANUFACTURING, IMPORTATION AND USE OF PLASTIC SACHETS FOR PACKAGING DISTILLED AND OTHER ALCOHOLIC BEVERAGES Prohibition on plastic carrier bags and plastic sachets

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PART III

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AI-assisted research summary: Plastic sachets for packing distilled or other alcoholic beverages are prohibited from being manufactured or imported, and licensing authorities must not register or issue licenses for those activities after the regulations start.

5. Subject to these Regulations, plastic sachets used for packing distilled and other alcoholic beverages are prohibited from being manufactured or to Mainland Tanzania. imported Prohibition of new licences Offences and penalties 6. No licensing authority shall, after coming into force of these Regulations, register or issue a license to any person intending to manufacture or import plastic sachets prohibited by these Regulations.
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Prohibition of plastic sachets
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AI-assisted research summary: A person must not manufacture, import, sell, store, distribute, supply, possess, or use prohibited plastic sachets.

7. Any person who manufactures, imports, sells, stores, distributes, supplies, posses and uses plastic sachets prohibited under these Regulations, commits an offence and shall, upon conviction, be liable, in case of- (a) importation, to a fine of not less than five million shillings or to a term of imprisonment of not less than two years or to both; 4 The Environment Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017 GN. No. 76 (contd). (b) manufacturing, to a fine of not less than two million shillings or to a term of imprisonment of not less than two years or to both; selling, storing, supplying and distributing, to a fine of not less than one hundred thousand shilling or to a term of imprisonment of not less than three months or to both; and (c) (d) possessing and using, to a fine of not less than term of fifty imprisonment of not less than three years or to both. thousand shilling or to a Integrated enforcement and compliance Role and functions of Local Government Authorities PART IV COMPLIANCE AND ENFORCEMENT

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PART IV

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AI-assisted research summary: The Council must work with listed government bodies to ensure compliance and enforcement of these Regulations.

8. The Council shall, in collaboration with the ministry responsible for trade and industry, Tanzania Revenue Authority, The Tanzania Ports Authority, The Tanzania Airports Authority, The Police Force and such other relevant government organs, in the exercise of their statutory mandates ensure compliance and enforcement of these Regulations.
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AI-assisted research summary: Local Government Authorities must enforce these Regulations and run public education and awareness programs about the plastic sachets prohibition and its effects on health and the environment.

9. Local Government Authorities shall, in addition to their roles and functions provided for under the Act and the Regulations made thereunder- (a) be responsible for ensuring compliance and enforcement of these Regulations; and (b) conduct public education and awareness programs on the importance of the prohibition of plastic sachets as well as their effects on human health and the environment. Powers of environmental inspectors and Environment Management Officer
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AI-assisted research summary: Environmental Inspectors and Environment Management Officers must use the powers and functions given by the Act to enforce these Regulations.

10. Environmental Inspectors and Environment Management Officers shall exercise such powers and functions as conferred upon them by the Act to ensure compliance and enforcement of these Regulations. 5 The Environment Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017 GN. No. 76 (contd). of Role Director Environment the of
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AI-assisted research summary: The Director of Environment must monitor and assess activities of relevant persons and agencies to support compliance and enforcement of the Regulations.

11. The Director of Environment shall monitor and assess the activities carried out by relevant persons and agencies in order to ensure compliance and enforcement of these Regulations. Power to grant extra time
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AI-assisted research summary: A manufacturer with good reason may ask the Minister for more time to switch to alternative technology. If the Minister grants a special permit, the applicant must supply alcoholic beverages in sachets of at least 100 millilitres, and the Minister can revoke the permit if conditions are broken.

12.-(1) A manufacturer who has sufficient ground to justify the need for extra time to enable him to shift to alternative technology may apply to the Minister for extension of time. (2) The Minister may, after being satisfied that the applicant has shown a good cause and upon fulfilment of the conditions as may be imposed, grant special permit to allow the plastic sachets to remain in the market for a specified period of time. (3) Where a the special permit is granted, the applicant shall supply to the market alcoholic beverages packed in sachets of not less than one hundred millilitres. (4) The Minister, after being satisfied that the conditions provided for under sub regulation (2) has been violated, may rescind the special permit at any time. PART V GENERAL PROVISIONS Repatriation of plastic sachets

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PART V

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AI-assisted research summary: Imported prohibited plastic sachets found at a point of entry in breach of the Regulations must be repatriated to the country of export, and the importer pays the cost.

13. Any imported consignment of prohibited plastic sachets found at any point of entry in contravention with these Regulations shall be repatriated to the country of export at the cost of the importer. Confiscation and disposal
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AI-assisted research summary: The Council must issue guidelines for disposing of or recycling confiscated plastic sachets, and the court may order forfeiture, closure of a production unit, cancellation of licenses, or community service.

14.-(1) Without prejudice to the provisions of regulations 13, plastic sachets found in contravention of these Regulations shall be confiscated and disposed of or recycled in an environmental sound manner under the supervision of the Council at the cost of the offender. 6 The Environment Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017 GN. No. 76 (contd). (2) Subject to sub-regulation (1), the Council shall issue guidelines which shall prescribe for the procedures and the manner in which the confiscated plastic sachets may be disposed of or recycled by the relevant authorities. Orders issued by the court 15 The court may, in addition to any sentence imposed under these Regulations, issue order for- (a) forfeiture of plastic sachets; (b) closure of production unit; (c) cancellation of licenses; or (d) impose community service. Appeals to the Minister Environmental
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AI-assisted research summary: A person aggrieved by certain decisions may appeal to the Minister within 30 days.

16. A person aggrieved by the decision of the Council, Environment Management Officer or any other person exercising powers under these Regulations, may within thirty days of such decision, appeal to the Minister. Inspector, Appeals to the Tribunal
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PART IV
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AI-assisted research summary: A person aggrieved by the Minister’s decision may appeal to the Environmental Appeals Tribunal within 30 days.

17. A person aggrieved by the decision of the Minister may within thirty days of such decision appeal to the Environmental Appeals Tribunal in such manner as may be prescribed by the Tribunal. Dar es Salaam, 24th February, 2017 JANUARY MAKAMBA Minister of State, Vice President Office – Union Affairs and Environment 7

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The Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017

About this statute

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Provisions of The Environmental Management (Prohibition of Manufacturing, Importation and Use of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages) Regulations, 2017

PART II

PART III

PART IV

PART V

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