Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B14: Authorization requirements for importing certain products 

Date when the measure came into force

12 May 2009 

Publication where the measure is specified

Republic of Tanzania,Fertilizers Act 2009 

Regulation where the measure is specified

Fertilizers Act no 9 of 2009 

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, C: Protection of life and health of plants and E: Protection of the environment 

Description of the measure

13.-( I) A person shall not deal with fertilizer business or operation of sterilizing plant unless that person is licenced to that effect pursuant to the provisions of this Act.
(2) Any application for licence in terms of subsection (I) shall be submitted to the Board in the form and manner as may be prescribed in the regulations.
(3) Subjectto sub-section (I), an application for licence shall contain among others-
(a) the name and physical address of the applicant;
(b) details of the intended business; and
(c) qualifications of personnel under whose direct supervision the activities intended to be carried out.
(4) Upon being satisfied with the compliance with the conditions for application, the Board shall issue a licence to the applicant and may attach such terms and conditions as may be prescribed.
(5) The Board may appoint any person to be a licensing authority for the purposes of this Act and shall when making any appointment, specify the area for which that person is to be the licensing authority.
14.-(1) A licence issued under section 13 may be suspended for a definite or indefinite period ifthe Director is satisfied that the licensee has-
(a) been convicted of any offence against the provisions of this Act or regulations;
(b) become bankrupt or, if a company, has gone into liquidation;
(c) failed to comply with any conditions of the licence.
(2) Any licensee whose licence has been suspended or cancelled under this section, shall be required to surrender the licence to the Director within such time as may be prescribed.
(3) Any person who contravenes the provision of sub-section (2), commits an offence and upon conviction is liable to a fine not less than one million shillings or to imprisonment for a term of not less than six months or to both.
15. The Director shall maintain in the form prescribed in the regulations,
a register of all licences issued under this Act and of any restorations, suspensions and cancellations of such licences.
16. A licence issued under section 13 shall be valid only in respect of the business for which it was issued and shall not be transferable to any other person or business.
17. Any holder of a licence issued under this Act whose licence has been lost or destroyed may, on proof of loss and payment of prescribed fee, obtain a duplicate licence from the Director.
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25.-(1) A person shall not import or export fertilizer or fertilizer supplement unless he possesses permit issued by the Director to that effect.
(2) The Board shall, prior to issuing of any permit, satisfy itself that the provisions of the Environmental Management Act are adhered to, and that-
(a) the fertilizer or fertilizer supplements to be imported or exported is registered under this Act;
(b) the applicant has the certificates of registration for fertilizer business; and
(c) in case of exportation, the applicant has complied with relevant legislation and policies dealing with fertilizer export.
26.-( 1) The Director may suspend or cancel the permit issued under section 25 if he is satisfied that-
(a) the permit has been obtained by misrepresentation at the time of application;
(b) conditions subject to which a permit was issued have not
been complied with;
(c) the permit has been transferred to any other person;
(d) the fertilizer dealer has contravened the provisions of.this Act;
(e) the business licence of the fertilizer dealer has been cancelled;
Or Conditions for granting licence or permits Prohibition for Dealing with unregistered and substandard fertilizer Packaging and labeling adulterated fertilizer 

Reference of the measure

Part III Section 13-17
Part IV section 25 & 26 

Measure also domestic

Yes 

Products affected by the measure.

Description

Fertilizers or sterilizing plant 

Countries/Regions affected by the measure.