Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A82: Testing requirement 

Date when the measure came into force

04 July 1997 

Publication where the measure is specified

THE UNITED REPUBLIC OF TANZANIA Acts Supplement to the Gazette ISSN 0856-0331X 

Regulation where the measure is specified

Plant protection ACt No 13 of 1997 

Country/Region applying the measure

Tanzania 

Coded list of objectives

A: Protection of human life and health, B: Protection of life and health of animals and C: Protection of life and health of plants 

Description of the measure

21.-(1)Any purchaser of any plant protection substance capable of being used in the manufacturing, or preparation of plant protection substance or any inspector may submit a sample of such plant protection substance to an authorised national, research institute for analysis or examination.
(2) Where a sample of any plant protection substance is taken with the' intention of having it submitted to an authorised national research institute for analysis or examination, the person taking such sample shall, as soon as possible inform in writing the seller or the owner of the plant protection substance or his representative, of the intention to have the sample analyzed or examined by an authorized national research institute.
22.-(1)An inspector or any other person who takes or purchases a sample for purposes of analysis or examination, shall divide it into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and unless he sooner decides not to have the sample analyzed or examined, shall give one part to the person from whom it was obtained or to the owner or occupier of the premises from which it was obtained or a representative of any of them, one part to an authorised national research institute and the other part shall be retained by him.
(2) An authorised research institute shall, as soon as possible after receiving a sample obtained under this Act, analyze or examine the sample, as the case may be, and give to the person by whom it was originally submitted a certificate, in the prescribed form, setting out the findings of the analysis or examination and such
observation as it may consider necessary or desirable and shall forward a-copy of such certificate to the person who received a part of the sample in accordance with subsection (1).
23.Where any person procures a sample under subsection (1) of section 22 and the division into parts of such sample-
(a) is not reasonably practicable; or
(b) might affect the composition or impede the proper analysis or examination of the sample, the provisions of this section with respect to the division of samples into parts shall be deemed to have been complied with if the person taking the sample procures three separate fair amounts of the plant protection substance and deals with each lot as if it were a part in the manner provided by this sub-section and, reference in this Act to a part of sample shall be construed accordingly
29.-(1)Plant protection equipment shall only be marketed if it is designed such that when it is used correctly and in accordance with its intended purpose for the application of plant protection substances or plant resistance improvers it does not produce any harmful effects on human and animal health, ground water and natural environment, which, on the basis of the current state of art are avoidable.
(2) Subject to the provisions of subsection (1) of this section, before plant protection equipment is marketed for the first time, the manufacturer, the marketing firm or the importer shall, inter alia, declare to the Minister-
(a) the name and the address for the manufacturer, marketing firm or importer;
(b) the designation of the equipment type and the field of use; (c) the instructions for use accompanying the equipment;
(d) a description of equipment type; and
(e) any other document or information necessary for its evaluation.
(3) The document or information referred to in sub-section (2) above. shall be re-submitted or supplemented in the event of modifications to the equipment type which influence its performance in the application of plant protection substances or plant resistance improver.
(4) The Minister shall keep a list of equipment types for which a declaration has been submitted and shall publish in the Gazette, entries in the plant protection equipment list.
(5) The Minister may appoint a competent research institute to test the plant protection equipment to establish whether it fulfil the requiremerits of sub-section (1) above, especially in cases where the declaration or the accompanying documents give rise to doubts as to whether the equipment fulfil such requirements.
(6) If the testing under sub-section (5) reveals that the plant protection equipment or one of its items does not fulfil the requirements, the authorised research institute may advise the Minister, to delete the relevant entry from the plant protection equipment list or to order the manufacturer, marketing firm or importer, as the case may be, to correct the identified imperfections within a specified period. 

Reference of the measure

Part III section 21-23 & section 29 (5)& (6) 

Measure also domestic

Yes 

Products affected by the measure.

Description

Plants and plant products 

Countries/Regions affected by the measure.