Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B9: TBT Measures n.e.s. 

Date when the measure came into force

08 July 2011 

Publication where the measure is specified

Legal Supplement (Part I) to the Zanzibar Government Gazette Vol. CXX No. 6417 of 8th July, 2011 

Regulation where the measure is specified

Zanzibar standards Act, 2011 

Country/Region applying the measure

Tanzania 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

13. (1) A person who intends to use a standard mark in connection with any commodities shall make application to the bureau in such manner as may be
described in the Regulations.
(2) The Bureau may, if satisfied that the commodities conform to a standard, grant a licence to the applicant to use a standard mark upon such terms and conditions, as may be described in the Regulations.
(3) A person who:-
(a)Applies a standard mark to any receptacle or cover of any commodities or to any label attached to any commodities or any receptacle or its cover; or
(b)Places or encloses any commodities in a receptacle or cover to which a
Standards mark has been applied or in a receptacle or cover to which is attached a label to which that mark has been applied, Shall, for the purposes of subsection (2) of this section be deemed to have applied that standard mark to that commodities.

(4) The issuance of licence under subsection (2) of this section shall be in the discretion of the Bureau and license may be issued subject to conditions to be specified in it and subject to the payment of any fees which may be prescribed by the Board in the Regulations.
(5) The Bureau may as its discretion revoke or suspend any license issued under this section or vary any condition attached to any license.
(6) Any person who is contravenes the provisions of subsection (2) of this section or any other conditions specified in a licence issued to him commits an offence.
14. (1) Any person who is aggrieved by:-
(a)The refusal of the Bureau to issue a licence; or
(b)Any condition attached to a licence; or
(c)The variation, cancellation or suspension of any licence, May within fourteen days of the notification of act complained of being received by him, appeal in writing to the Minister who shall, within thirty days, either confirm, set aside or
vary the decision complained.
(2) Any person who is dissatisfied by the decision of the Minister may refer the matter to the High court of Zanzibar.
15. (1) Every person to whom a license has been issued under this Act shall furnish within a period which may be specified the samples of any commodities to which the license relates and all such information with regards to such commodities or its manufacturing, production, processing or treatment as may be specified in the request.
(2) Every person to whom a license has been issued to offer a calibration service shall be required to submit such samples of any commodities to the Bureau for calibration against the national measurement standard of this equipment or instrument.
(3) Every person who has been licensed to undertake a scientific or industrial measurement or use of such measurement equipment shall submit, from time to time, the equipment to the Bureau for calibration or recalibration against the Nation Measurement Standard or National Standard.
(4) Any person who contravenes any of the provisions of this section commits an offence.
16. (1) A standard which is intended primarily to:-
(a)Protect the consumer or user against danger to health or safety;
(b)Protect public or industrial health, welfare or safety;
(c)Protect the environment;
(d)Ensure acceptable quality in products imported for domestic use or re-export;
(e)Ensure acceptable quality in products imported for domestic use or re –export;
(f)Ensure acceptable quality in any case where there is restriction in choice of source of supply;
(g)Require adequate information to be given to the consumer or user;
(h)Prevent fraud or misrepresentation arising from misleading advertising
or labeling, Shall, on the recommendation of the Bureau, be declared by order of the Minister to be compulsory standard.
(2) Minister shall publish in Gazette give at least compulsory standard and
Shall there by indicate the date on which it is intended that the compulsory
Standard and shall come into effect and having regard to paragraphs (a) to (h)
of subsection (1) of this section, the order shall state the purposes for which the standard is intended.
.(3) Whenever the Minister has declared a standard to be a compulsory standard a person shall not sell a commodity unless it complies with that standard or has been manufactured, produced or treated in accordance with the standard.
17. The Minister may upon recommendation of the Bureau and subject to the provisions of this Act, by notice published in the Gazette declare any standard, specification, code of practice prescribed by the Bureau, person shall not carry on business or perform any function under a name which contain the word “standard”.
18. (1) Except with consent of the bureau, a person shall not carry on business or perform any function under a name which contain the word “Standard”.
(2) Any person who contravenes the provisions of subsection (1) of this section, commits an offence. 

Reference of the measure

Part III section 13-18 

Measure also domestic

Yes 

Products affected by the measure.

Description

All products 

Countries/Regions affected by the measure.