THE ENVIRONMENTAL MANAGEMENT (PROHIBITION OF PLASTIC CARRIER BAGS AND PLASTIC BOTTLE CAP SEALS) REGULATIONS 2022
These Regulations may be cited by the stated title.
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- Tanzania
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- Regulation
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- THE ENVIRONMENTAL MANAGEMENT (PROHIBITION OF PLASTIC CARRIER BAGS AND PLASTIC BOTTLE CAP SEALS) REGULATIONS 2022
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- en
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Statute overview
About this statute
These Regulations may be cited by the stated title. These Regulations apply to specified activities involving plastic carrier bags in Mainland Tanzania and beverages with plastic bottle cap seals. This section defines terms used in the Regulations, including several kinds of plastic packaging and the officials and bodies named in the text. These Regulations aim to ban plastic carrier bags and beverages with plastic bottle cap seals, protect health and the environment, and encourage alternatives. Plastic carrier bags are prohibited from being exported, manufactured, sold, stored, supplied, or used in Mainland Tanzania.
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Provisions of THE ENVIRONMENTAL MANAGEMENT (PROHIBITION OF PLASTIC CARRIER BAGS AND PLASTIC BOTTLE CAP SEALS) REGULATIONS 2022
Showing 34 of 34
- 1 Verify source ↗
Citation
AI-assisted research summary: These Regulations may be cited by the stated title.
1. These Regulations may be cited as the Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022. - 2 Verify source ↗
Application
AI-assisted research summary: These Regulations apply to specified activities involving plastic carrier bags in Mainland Tanzania and beverages with plastic bottle cap seals.
2. These Regulations shall apply to- (a) the import, export, manufacturing, sale, supply, storage and use of plastic carrier bags within Mainland Tanzania; and (b) the import, export, manufacturing, sale and use beverages with plastic bottle cap seal. - 3 Verify source ↗
Interpretation
AI-assisted research summary: This section defines terms used in the Regulations, including several kinds of plastic packaging and the officials and bodies named in the text.
3. In these Regulations, unless the context otherwise requires- “Act” means the Environmental Management Act; “alternative carrier bags” means any bag made from organic material or woven recyclable material or non-woven material without plastic content or any such materials as the Minister may determine from time to time; “Council” means the National Environment Management Council as established by the Act; 3 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) “Director General” means the Director General of the National Environment Management Council; “Minister” means the Minister responsible for matters relating to environment; “plastic bottle cap seal” means a seal made of plastic materials used to cover bottle cap; “plastic carrier bag” means a bag made of plastic film, with or without handles, or gussets and to which its layer is in any thickness; “plastic packaging” means plastic wrapping or casing or container prepared in advance to seal goods to protect from deterioration or contamination with other goods or extraneous matter, with a tamper proof seal and labeled to describe the product before sale or distribution or offer; “plastic packaging for agricultural sector” means plastic wrapping or casing or sheets used for for selling or greenhouse or mulching reservoir and irrigation system or crop collection, storage and transportation; “plastic packaging for construction industry” means plastic wrapping, casing or sheets used for handling construction materials for damp- proof in buildings or pipes or cables or tiles or storage tanks or temporary structures or insulation or any other related functions; “plastic packaging for food processing” means plastic wrapping or casing or container prepared in advance to preserve quality of foodstuff or protect foodstuff from contamination with other goods or extraneous matter with a tamper proof seal or labeled to describe the product before sale or distribution or offer; “plastic packaging for industrial products” means plastic wrapping or casing or container prepared in advance to preserve quality of industrial from contamination with other goods or extraneous matter with a tamper proof seal or labeled to protect goods or 4 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) describe distribution or offer; the product before sale or “plastic packaging for medical services” means plastic wrapping or casing or container used in the furnishing of medicine or medical or surgical treatment or nursing or hospital services or dental services or optometrical services or complimentary health services or any other necessary services of like character whether or not contingent upon sickness; and and waste management” means large sized plastic carrier bag designed solely for collecting and handling of solid waste with a minimum thickness and size to be prescribed by order of the Minister. packaging sanitary “plastic for Objectives PART II OBJECTIVES
Part
PART II
- 4 Verify source ↗
Objectives
AI-assisted research summary: These Regulations aim to ban plastic carrier bags and beverages with plastic bottle cap seals, protect health and the environment, and encourage alternatives.
4. The objectives of these Regulations are to- (a) impose a total ban on the import, export, manufacturing, sell or offer for sale and use of plastic carrier bags regardless of their thickness; (b) impose a total ban on the import, export, manufacturing, sale and use beverages with plastic bottle cap seal; (c) protect human and animal health as well as the environment from likely adverse effects of utilization of plastic carrier bags, or plastic bottle cap seals; and (d) provide economic and financial incentives for the production and importation of alternative carrier bags. 5 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) PART III PROHIBITION OF PLASTIC CARRIER BAGS AND PLASTIC BOTTLE CAP SEALS Prohibition of plastic carrier bags
Part
PART III
- 5 Verify source ↗
Prohibition of plastic carrier bags
AI-assisted research summary: Plastic carrier bags are prohibited from being exported, manufactured, sold, stored, supplied, or used in Mainland Tanzania.
5. All plastic carrier bags, regardless of their imported, thickness are prohibited from being exported, manufactured, sold, stored, supplied and used in Mainland Tanzania. Prohibition of plastic bottle cap seals - 6 Verify source ↗
Prohibition of plastic bottle cap seals
AI-assisted research summary: A person must not import, export, manufacture, store, distribute, supply, sell, or offer for sale beverages with plastic bottle cap seals.
6. A person shall not import, export, manufacture, store, distribute, supply, sell or offer for sale beverages with plastic bottle cap seals. Prohibition of plastic wrappings - 7 Verify source ↗
Prohibition of plastic wrappings
AI-assisted research summary: A person must not sell or offer for sale beverages or commodities wrapped in plastic, unless those commodities need plastic wrappings.
7. A person shall not sell or offer for sale beverages or commodities wrapped in plastic unless the nature of such commodities requires wrappings by plastics. Prohibition of new licenses Offences and penalties - 8 Verify source ↗
Prohibition of new licenses
AI-assisted research summary: The licensing authority must not register or issue a license or permit for activities involving prohibited plastic carrier bags or beverages with plastic bottle cap seals.
8. Licensing authority shall not register or issue a license or permit to any person intending to import, export, manufacture, distribute or sell plastic carrier bags or beverages with plastic bottle cap seals that have been prohibited by these Regulations. - 9 Verify source ↗
Offences and penalties
AI-assisted research summary: It is an offence for any person to handle plastic carrier bags, plastic wrappings, or beverages with plastic seals in ways that contravene the Regulations, and conviction can lead to fines or imprisonment.
9.-(1) Any person who imports, exports, manufacturers, sells, stores, distributes, supplies, possesses or uses plastic carrier bags and plastic wrappings in contravention to these Regulations commits an offence. (2) Any person who imports, exports, manufactures, stores, distributes, supplies, sells or offer for sale beverages with plastic seals in contravention these Regulations commits an offence. to (3) A person who commits an offence under this regulation shall, upon conviction, be liable, in case of- 6 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) (a) manufacturing or importation, to a fine of not less that twenty million shillings but not exceeding one billion shillings or to imprisonment for a term not exceeding two year or to both; (b) exportation, to a fine of not less than five million shillings but not exceeding twenty million shillings or to imprisonment for a term not exceeding two years or to both; (c) storing, supplying or distributing, to a fine of not less than five million shillings but not exceeding fifty million shillings or to imprisonment for a term not exceeding two years or to both; (d) selling or offer for sale, to a fine of not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three months or to both; or (e) possessing or using, to a fine of not less than thirty thousand shillings but no exceeding two hundred thousand shillings or term not exceeding seven days or to both. imprisonment for a to PART IV EXEMPTIONS Exemption of plastic packaging Management of waste exempted plastic packaging
Part
PART IV
- 10 Verify source ↗
Exemption of plastic packaging
AI-assisted research summary: Certain plastic or plastic packaging is exempt from the prohibition.
10. Without prejudice to the provisions of regulation (5), plastic or plastic packaging for medical or construction industry or agricultural sector or food processing or sanitary and waste management are exempted from the prohibition. industrial products services or - 11 Verify source ↗
Management of waste exempted plastic packaging
AI-assisted research summary: People who import, export, make, sell, store, distribute, supply, possess, or use exempted plastic packaging must ensure it is managed and disposed of under the listed waste regulations.
11. Any person who imports, exports, manufactures, sells, stores, distributes, supplies, possesses or uses plastic packaging exempted under the waste these Regulations shall ensure that 7 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) GN. Nos. 263 of 2009 389 of 2021 Quality standards of exempted plastic packaging exempted plastic packaging are managed and disposed of in accordance with the Environmental (Solid Waste Management) Management Environmental Regulations, Management and Management) Regulations, 2021. 2009 (Hazardous Waste Control and the - 12 Verify source ↗
Quality standards of exempted plastic packaging
AI-assisted research summary: People who import, export, or manufacture exempt plastic packaging must ensure the products meet Tanzania Bureau of Standards quality standards, and the Minister must promote alternative carrier bags and wrappings.
12.-(1) Any person who imports, exports or manufactures plastic packaging which are exempted under these Regulations shall ensure that such products meet the quality standards prescribed by the Tanzania Bureau of Standards. (2) The Minister shall promote the production and use of alternative carrier bags and wrappings. Duty to manage plastic wrappings GN. No. 263 of 2009 - 13 Verify source ↗
Duty to manage plastic wrappings
AI-assisted research summary: People who import, manufacture, supply, or sell plastic-wrapped goods must ensure the resulting plastic waste is managed or disposed of under the 2009 solid waste regulations, subject to regulation 7.
13. Subject to regulation 7, any person who imports, manufactures, suppliers or sells commodities wrapped in plastic shall ensure that waste plastic wrappings are managed or disposed of in accordance with the Environmental Management (Solid Waste Management) Regulations, 2009. PART V COMPLIANCE AND ENFORCEMENT Powers of Minister
Part
PART V
- 14 Verify source ↗
Powers of Minister
AI-assisted research summary: The Minister may issue implementation guidelines, orders, or directives, and may also prescribe incentives and appoint environmental inspectors.
14.-(1) The Minister may periodically issue guidelines, orders or directives in order to facilitate the implementation of these Regulations. (2) Without prejudice to the generality of subregulation (1), the Minister may- consultation with (a) in the Minister responsible for finance, prescribe financial and economic incentives to encourage the production and importation of alternative carrier bags and the setting up of plastic and waste management recycling facilities; and (b) appoint or designate environmental inspectors at all custom entry points to 8 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) Roles of local government authorities GN. No. 263 of 2009 Responsibilities of ministry responsible for trade and industries ensure compliance and enforcement of these Regulations. - 15 Verify source ↗
Roles of local government authorities
AI-assisted research summary: Local government authorities must enforce the Regulations, run public education and awareness programs, and submit a bi-annual implementation report to the Director of Environment.
15. Local government authorities shall, in addition to their roles and functions on waste management provided for in the Act and in the Environmental (Solid Waste Management) Regulations- (a) be responsible for ensuring compliance and enforcement of these Regulations; (b) conduct public education and awareness programs on the implementation of these Regulations; and (c) prepare and submit bi-annual report on implementation of these Regulations to the Director of Environment. - 16 Verify source ↗
Responsibilities of ministry responsible for trade and industries
AI-assisted research summary: The ministry responsible for trade and industries must carry out several promotion, awareness, technology, and reporting tasks about these Regulations.
16. The ministry responsible for trade and industries shall be responsible for- (a) promotion of investment opportunities on biodegradable packaging for exempted these plastic Regulations; packaging under (b) promotion of the use of biodegradable and food processing packages industrial products; for (c) in corroboration with the Council, conducting and awareness programs on implementation of these Regulations; education public (d) promoting environmentally friendly technologies on production of products these exempted which Regulation; and under are (e) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. Responsibilities of Council - 17 Verify source ↗
Responsibilities of Council
AI-assisted research summary: The Council must ensure compliance and enforcement of the Regulations, conduct research on biodegradable packages and raw materials, and carry out public awareness on implementation.
17. The Council shall be responsible for- (a) ensuring compliance and enforcement of these Regulations; 9 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) (b) conducting research on biodegradable packages and raw materials; and (c) conducting public awareness on implementation of these Regulations. the Responsibilities of Tanzania Revenue Authority - 18 Verify source ↗
Responsibilities of Tanzania Revenue Authority
AI-assisted research summary: The Tanzania Revenue Authority is responsible for compliance and enforcement of these Regulations, issuing electronic stamps for exempted plastic products, submitting a bi-annual implementation report, and working with the council on public awareness.
18. The Tanzania Revenue Authority shall be responsible for- (a) ensuring compliance and enforcement of these Regulations; GN. No. 16 of 2018 Responsibilities of Tanzania Ports Authority (b) provision of electronic stamp on manufactured, imported or exported of exempted plastic products in accordance with Electronic Tax Stamps Regulations, 2018; and (c) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment; and collaboration with (d) in the conducting public awareness on implementation of these Regulations. council, the - 19 Verify source ↗
Responsibilities of Tanzania Ports Authority
AI-assisted research summary: The Tanzania Ports Authority must enforce the Regulations at ports and harbours, run awareness and education activities for shipping companies and importers, and send a bi-annual implementation report to the Director of Environment.
19. The Tanzania Ports Authority shall be responsible for- (b) in collaboration with (a) ensuring compliance and enforcement of these Regulations at all ports and habours; the Council, and public conducting awareness the programs implementations of these Regulations to shipping companies and importers; education on (c) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. Responsibilities of Tanzania Airports Authority - 20 Verify source ↗
Responsibilities of Tanzania Airports Authority
AI-assisted research summary: The Tanzania Airports Authority must enforce these Regulations at all airports, work with the Council on awareness and education, and send a bi-annual implementation report to the Director of Environment.
20. The Tanzania Airports Authority shall be responsible for- (a) ensuring compliance and enforcement of these Regulations at all Airports; (b) in collaboration with the Council, 10 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) education on and public conducting awareness the programs implementations of these Regulations to airline companies, passengers and other Airport users; and (c) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. Responsibilities of Tanzania Medical and Devices Authority - 21 Verify source ↗
Responsibilities of Tanzania Medical and Devices Authority
AI-assisted research summary: The Tanzania Medical and Devices Authority must enforce these Regulations, promote biodegradable packaging use, support awareness activities, and submit a bi-annual implementation report to the Director of Environment.
21. The Tanzania Medical and Devices Authority shall be responsible for- (a) ensuring compliance and enforcement of these Regulations; (b) promote the use of biodegradable (c) in packages for medical services; collaboration with the education on council, conducting public and the programs awareness implementation of these Regulations to manufacturers and importers of medical devices; and (d) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. Responsibilities of Tanzania Police Force - 22 Verify source ↗
Responsibilities of Tanzania Police Force
AI-assisted research summary: The Tanzania Police Force must enforce these Regulations, help run awareness programs for passengers, bus owners, and bus terminals, and submit a bi-annual implementation report to the Director of Environment.
22. The Tanzania Police Force shall be responsible for- (a) ensuring compliance and enforcement of these Regulations; (b) in collaboration with the education on council, and public conducting the programs awareness implementation of these Regulations to passengers, bus owners and bus terminals; and (c) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. 11 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) Responsibilities of Government Chemist Laboratory Authority - 23 Verify source ↗
Responsibilities of Government Chemist Laboratory Authority
AI-assisted research summary: The Government Chemist Laboratory Authority is responsible for enforcing the Regulations, raising public awareness, researching biodegradable packages, and submitting bi-annual reports to the Director of Environment.
23. The Government Chemist Laboratory Authority shall be responsible for- (a) ensuring compliance and enforcement of these Regulations; (b) in collaboration with the Council, conducting public awareness on the implementations of these Regulations to importers of raw materials intended for plastic manufacturing packages these Regulations; exempted under of controlled (c) conducting research on biodegradable packages; and (d) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. - 24 Verify source ↗
Responsibilities of Tanzania Bureau of Standards
AI-assisted research summary: The Tanzania Bureau of Standards must carry out standards-related work, enforce the Regulations, run awareness programs with the Council and the public, and submit bi-annual implementation reports to the Director of Environment.
24. The Tanzania Bureau of Standards shall be responsible for- (a) formulation of and controlled standards for exempted plastic these under biodegradable packages Regulations; Responsibilities of Tanzania Bureau of Standards (b) ensuring compliance and enforcement of these Regulations; (c) in collaboration with the Council, and public conducting awareness the programs implementation of these Regulations; and (d) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. education on Responsibilities of Immigration Department - 25 Verify source ↗
Responsibilities of Immigration Department
AI-assisted research summary: The Immigration Department is responsible for enforcing the Regulations at border posts, helping educate entrants about the Regulations, and sending a bi-annual implementation report to the Director of Environment.
25. The Immigration Department shall be responsible for- (a) ensuring compliance and enforcement of these Regulations at all borders posts; (b) in collaboration with conducting public awareness on the Council, the 12 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) implementation of these Regulations to persons entering into the country; and (c) preparing and submitting bi-annual report on implementation of these Regulations to the Director of Environment. Powers of environmental inspectors - 26 Verify source ↗
Powers of environmental inspectors
AI-assisted research summary: Environment inspectors must exercise the powers and functions given to them by the Act.
26. The environment inspectors shall exercise such powers and functions as conferred upon them by the Act to ensure compliance and enforcement of these Regulations. Repatriation of plastic carrier bags Confiscation and disposal of plastic carrier bags PART VI GENERAL PROVISIONS
Part
PART VI
- 27 Verify source ↗
Repatriation of plastic carrier bags
AI-assisted research summary: Imported prohibited plastic carrier bags or exempted plastic packaging found at an entry point in breach of the Regulations must be sent back to the country of export, and the importer pays the cost.
27. Any imported consignment of prohibited plastic carrier bags or of exempted plastic packaging found at any point of entry in contravention of these Regulations shall be repatriated to the country of export at the cost of the importer. - 28 Verify source ↗
Confiscation and disposal of plastic carrier bags
AI-assisted research summary: Plastic carrier bags that are in contravention of the Regulations must be confiscated and disposed of or recycled in an environmentally sound manner.
28.-(1) Without prejudice to the provisions of found in regulation 27, plastic carrier bags contravention of shall be these Regulations confiscated and disposed of or recycled in an environmentally sound manner under the supervision of the Council or environmental inspectors, at the cost of the offender. (2) The relevant authorities shall ensure that any plastic carrier bags entered in Mainland Tanzania in contravention of these Regulations, are confiscated at the point of entry and disposed of or recycled in an environmentally sound manner under the supervision of the Council or environmental inspectors. Mandatory take back of waste plastic bottles - 29 Verify source ↗
Mandatory take-back of waste plastic bottles
AI-assisted research summary: Manufacturers and suppliers of products in plastic bottles must set up, operate, or join a take-back system for collecting their waste plastic bottles for recycling or disposal, and they may not charge an extra price for that service.
29. Without prejudice to the provision of regulation 5, any manufacturer or suppliers of products contained in plastic bottles shall set-up, operate or participate in a take-back system of collecting their respective waste plastic bottles for 13 Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) GN. NO.291 (Contd.) Compounding of offences recycling or disposal purposes, provided that no additional price is chargeable for that service. - 30 Verify source ↗
Compounding of offences
AI-assisted research summary: The Director General or an environment inspector may compound offences under these Regulations for enforcement purposes, if the person is willing to pay the penalty amount, subject to the Act.
30. The Director General or an environment inspector for the purposes of enforcement of these Regulations, may compound any offence under these Regulations from any person who shows willingness to pay the sum of money as penalty for contravening the provisions of these Regulations in accordance with the provisions of the Act. Orders of court - 31 Verify source ↗
Orders of court
AI-assisted research summary: The court may, in addition to a conviction under these Regulations, make orders for forfeiture of plastic carrier bags, closure of the production unit, cancellation of licenses, or community service.
31. The court may, in addition to any conviction granted pursuant to these Regulations, issue the following orders: (a) forfeiture of plastic carrier bags; (b) closure of the production unit; (c) cancellation of licenses; or (d) impose community service. - 32 Verify source ↗
Appeals to Minister
AI-assisted research summary: A person aggrieved by a decision under these Regulations may appeal to the Minister within 30 days of the decision.
32. A person who is aggrieved by any decision made under these Regulations may, within thirty days from the date of the decision, appeal to the Minister. - 33 Verify source ↗
Appeals to Tribunal
AI-assisted research summary: A person aggrieved by the Minister’s decision may appeal to the Environmental Appeals Tribunal within 30 days, following the Tribunal’s prescribed procedure.
33. A person who is aggrieved by the decision of the Minister may, within thirty days from the date of the decision, appeal to the Environmental Appeals Tribunal in such manner as may be prescribed by the Tribunal. - 34 Verify source ↗
Revocation
AI-assisted research summary: This section revokes the Environmental Management (Prohibition of Plastic Carrier Bags) Regulations, 2019.
34. The Environmental Management (Prohibition of Plastic Carrier Bags) Regulations, 2019 are hereby revoked. Appeals to Minister Appeal to Tribunal Revocation GN. No. 394 of 2019 Dodoma, SELEMANI SAIDI JAFO, 25th March, 2022 Minister of State, Vice President’s Office Union Affairs and Environment 14
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THE ENVIRONMENTAL MANAGEMENT (PROHIBITION OF PLASTIC CARRIER BAGS AND PLASTIC BOTTLE CAP SEALS) REGULATIONS 2022
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