Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B84: Inspection requirement 

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, E: Protection of the environment and X: For purposes n.e.s. 

Description of the measure

2l.-{ 1) A person shall not import any fertilizer or fertilizer supplement in Tanzania unless-
(a) such fertilizer or fertilizer supplements is registered in terms of this Act;
(b) is of the composition and efficacy specified in the application for registration thereof;
.(c) possesses all chemical, physical and other properties so specified and complies with the requirements prescribed in respect thereof; and
(d) is packed in a sealed container which is marked or labeled in the prescribed manner with the prescribed particulars; .
(e) in the case of a fertilizer or fertilizer supplements containing bone or any other substance derived from the carcass of an animal, a permit referred to in section 20 has been issued in respect thereof.
(2) Without prejudice to the provisions of subsection (l) and (2), the Minister may, upon consultation with the Board and on such conditions as he may determine, in writing, permit the import of any consignment of any fertilizer or fertilizer supplements which does not comply with the requirements referred to in subsection (l)(a), (b) and (d).
(3) Fertilizers or fertilizer supplements imported shall-
(a) only be imported through a prescribed port or place;
(b) if the Director directs that a sample thereof be taken, not be removed from any such port or place without the written consent of the Director;
(c) if the Director thus directs, be made available for examination and the taking of a sample at any such port or place in the prescribed manner; and
(d) where a sample thereof has thus been taken, not be sold in Tanzania except on the written consent of the Director and subject to the conditions specified therein.
(4) The provisions of section 32 relating to samples shall, mutatis mutandis, apply with reference to a sample taken in terms of this section.
(5) Where any fertilizer or fertilizer supplement has been imported contrary to the provisions of this section, such fertilizer or fertilizer supplement shall-
(a) at the expense of such importer, be removed from Tanzania within such period as the Director may determine; or
(b) if such importer fails to remove such fertilizer or fertilizer supplement in terms of paragraph (c), be forfeited to the Government, arid be either destroyed or otherwise disposed of in the manner prescribed in the regulations
32. The Director shall ensure fertilizer or fertilizer supplement is inspected, sampled and analyzed for quality control in accordance with the procedures prescribed in the regulations.
33.--{I) The Minister shall, by notice published in the
Gazette, Appoint or designate qualified persons to be of fertilizers Inspectors or Analysts who shall exercise powers in accordance with the provisions of this Act.
(2) Any person appointed or designated as Inspector or Analyst under sub-section (1) shall be given a certificate, identity card or a document as a proof of his appointment or designation which shall be produced in the exercise of his powers under this Act.
(3) Any Inspector or Analyst shall not engage in any business connected with the manufacturing, importation or sale of fertilizer or fertilizer supplements.

(4) The Minister may, in consultation with the Board and by order published in the Gazette, appoint any competent institution or individual to perform any fertilizer regulatory function specified under this Act and may in the same order define duties and powers of such institutions or individual.
(5) Any Inspector or Analyst appointed under subsection (1) shall be a designated officer accountable to the Director for the administration of this Act.
34.-(1) An Inspector appointed under section 33 may, at any reasonable time-
(a) enter upon and examine any place, premises, vessel or vehicle in respect of which he has reason to believe that on or in it there is manufactured, processed, prepared, graded, classified, packed, marked, labelled, held, bottled, removed, transported, exhibited, sold or used any fertilizer or fertilizer supplements~
(b) examine or test any such fertilizer or fertilizer supplements or any ingredient thereof;
(c) examine all books and documents on or in any place, premises or vehicle referred to in paragraph (a) in respect of which he has reasonable grounds for believing that they relate to any fertilizer or fertilizer supplements or any ingredient thereof, and make copies of or extracts from such books or documents;
(d) examine any operations or processes carried out at any place or premises in connection with the manufacturing, processing, treatment, preparation, grading, classification, packing, marking, labeling, holding, bottling, removal, transport, exhibition, selling or use of any fertilizer or fertilizer supplements, and demand from the person in charge of such operations or processes, or the owner of or the person having the custody of any fertilizer or fertilizer supplements;
(e) demand from the owner or any person having the custody of any book or document referred to in paragraph (c) an explanation relating to any record or entry therein;
(f) seize any book, document, fertilizer or fertilizer supplements which may furnish proof of an offence in terms ofthis Act, or any quantity of any fertilizer or fertilizer supplements in respect of which there is reason to believe that any such offence has been committed, and remove from or leave on or in the place, premises or vehicle in question, any book, document, fertilizer or fertilizer supplements, or any quantity thereof, which has so been seized, and may in his discretion place on such book, document, fertilizer or fertilizer supplements ,or the container thereof, such identification mark or seal as he may deem necessary; and
(g) take samples or cause samples to be taken of any fertilizer or fertilizer supplements or an ingredient thereof, and open any container which contains or is suspected to contain anything used or intended for use in the manufacture, processing, treatment, preparation, grading, classification, packing, marking, labeling, holding, bottling, removal, transport, exhibition or sale of any fertilizer or fertilizer supplements and examine, analyze, grade or classifY such samples, or cause such samples to be examined, analyzed, graded or classified.
(2) The owner or person in charge of any premises described under this section and any person found therein shall give to an Inspector the reasonable assistance to enable the Inspector to carry out his duties and functions under this Act.
(3) Any Inspector may if he has reasonable grounds to believe that any of the provisions of this Act is violated, seize or issue a stop sale order by means of or in relation to which the violation was committed.
(4) Any fertilizer, fertil izer supplement or package seized pursuantto sub- section (3) shall be detained by an Inspector at any place by attaching a detention tag or mark in the manner prescribed in the regulations.
(5) Any person shall not move any fertilizer or package detained by
the Inspector unless with a written consent of the .Inspector indicating that the seized fertilizer, fertilizer supplements or package shall be placed in a safer or more convenient location.
(6) The fertilizer, fertilizer supplement or package under detention or stop sale order shall not be released unless the Inspector is satisfied that
all conditions for release as provided for in this Act have been comp)ied with.
(7) The Inspector shall, before inspection of the premises, take reasonable steps to ensure that the owner or his authorised representative is present while carrying out inspection under this Act.
35. An Analyst who receives a sample taken under the provisions of this Act shall as soon as is practicable analyze such sample, in accordance with the procedures for sampling and conducting analysis as may be specified in the regulations 

Reference of the measure

Part IV section 21 (3), (b), (c) & (d) & Part V sections 32-35 

Measure also domestic

Yes 

Products affected by the measure.

Description

Fertilizers and fertilizer supplement 

Countries/Regions affected by the measure.