Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A84: Inspection 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 E: Protection of the environment 

Description of the measure

33.The Minister shall appoint, from time to time, by notice published in the Gazette, such inspectors as may be necessary for the purposes of this Act.
34.-(1)An inspector may, for the purposes of this Act, and at all reasonable times and on production, if required, of his authority-
(a) detain, open, inspect, sample, submit for examination, direct removal to a quarantine station, remove for treatment and treat any plants or plant products, plant protection substance, plant resistance improver harmful
organism, beneficial organism, soil, packaging or other things to which this Act applies in such manner as he thinks fit;
(b) direct shipment or-otherwise dispose off any plant or plant products, harmful organism, beneficial organism, soil, packaging or other things to which this Act applies, or, with the concurrence of the inspector in-charge, order its destruction;
(c) Inspect any land, store, warehouse, go-down or other premises used for handling or storing plants or plant products, and if such premises are found to be infested by any harmful organism, tc subject them to such treatment as the inspector may direct;
(d) with the concurrence of the inspector in-charge, order the destruction of any plant or plant products which he has reasons to believe is infested by a quarantine pest.
(e) inspect any premises, vehicle, vessel, aircraft or any conveyance in which any plant protection substance, plant resistance improver is kept or in which he has reasonable grounds for suspecting that any plant protection
substance and plant resistance improver is kept;
(f) seize and remove any plant protection substance, plant resistance improver and any books, records or other documents relating to such plant protection substance, plant resistance improver from any premises, vehicle, vessel, aircraft or any conveyance if he has reasonable cause to believe that such plant protection substance and plant resistance improver has been manufactured, compounded, imported, sold or offered or exposed for sale in
contravention of this Act;
(g) take samples of plant protection substances and plant resistance improver for the purposes of sending it to the authorised research institute for analysis or examination;
(h) require any person in occupation of the premises or any agent or servant of any such person, or any person in-charge of the vessel., vehicle or aircraft or any conveyance, to furnish all such information to produce for inspection all such books, records or other documents and to furnish all such means of inspection as he may reasonably require for the purposes aforesaid;
(i) to prosecute or assist in the prosecution of offenders under this Act;
(j) inspectors shall have such other powers as are necessary or convenient for the performance of their functions under this Act, and as may be vested in them by regulations made under this, or any other, Act.
(2) An inspector shall take such steps as are reasonably practical to afford the owner of any plants or plant products, harmful organisms, beneficial organisms, plant protection substances, plant resistance improver, soil, premises, vehicle, vessel or aircraft, or the person in-charge thereof, as the case may be, an opportunity to be present while an inspection under this Act is being carried, out.
(3) An inspector shall not, directly or indirectly, engage himself in any trade or business connected with the manufacturing, importation, sale or distribution for sale of any plants or plant protection substances, plant resistance improver, harmful organisms, beneficial organisms or any other substance to which this Act applies.
(4) At any time when anything is seized under this Act, the person in custody or possession of that thing shall be given a written receipt for it.
(5) An inspector shall not be liable for any loss or damage resulting from the reasonable exercise of powers conferred by this Act. Obstruction
35.-(1)Any person who-
(a) wilfully delays or obstructs an inspector in the exercise of his powers under section 34; or
(b) refuses to furnish any information, to produce any documents or to furnish any means of inspection, when required to do so under section 34, shall be guilty of an offence and liable to a fine not less than two million shillings (2,000,000/-) but not exceeding ten million shillings (10,000,000/-) or to imprisonment for a term not exceeding three months or both such fines and imprisonment:
(2) No person shall be required under this section to answer any question tending to
incriminate him
(3) Subject to section 41 of this Act, if an inspector applies to purchase any plant or plant product, beneficial organism, harmful organism, soil, plant protection substance or any substance used in the manufacture or protection of the plant or plant product, beneficial organism, harmful organism, soil or plant protection
substances or plant resistance improver for sale and tenders the price for the quantity which he requires as a sample, and the person offering or exposing the plant or plant product, beneficial organism, harmful organism, soil or plant protection substance or plant resistance improver for sale refuses to sell to the inspector such
quantity thereof as aforesaid, or if the seller, consignor or any person having or the time being the charge of any plant or plant product, beneficial organism, harmful organism, soil or plant protection substance or plant resistance improver of which an inspector is empowered to take a sample, refuses to allow the inspector to take the quantity which he requires as a sample, the person so refusing shall, for the purposes of subsection (1), be deemed to have wilfully obstructed the inspector:
(4) Where any plant or plant product, harmful organism, beneficial organism, soil or plant protection substance or plant resistance improver is exposed for sale in unopened container dully labelled, no person shall be required to sell it except in the unopened container in which it is contained
37.A person who receives any plant, plant product, beneficial organism, harmful organism, plant protection substance, plant resistance improver, soil or any other material or substance to which this Act applies, from outside Tanzania shall, on receipt, notify an inspector, and shall carry out at his own expense and to the satisfaction of the inspector such directions as the inspector may give as to its inspection, treatment, destruction, or any other means of disposal. 

Reference of the measure

Part IV 33-35 &37 

Measure also domestic

Yes 

Products affected by the measure.

Description

Plant and plant products 

Countries/Regions affected by the measure.