Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B84: Inspection requirement 

Date when the measure came into force

08 December 1979 

Publication where the measure is specified

THE UNITED REPUBLIC OF TANZANIA ,THE TROPICAL PESTICIDES RESEARCH INSTITUTE ACT, 1979 

Regulation where the measure is specified

The tropical pesticides Research Institute Act No 18 of 1979 

Country/Region applying the measure

Tanzania 

Coded list of objectives

C: Protection of life and health of plants 

Description of the measure

21. - (1) The Institute may appoint inspectors and analysts for the purposes of this Act.
(2)No person shall, while holding an appointment as an inspector or an analyst, engage directly or indirectly in any trade or business connected with the manufacture, importation, sale or distribution for sale of any pesticides.
(3)An inspector may, at all reasonable times and on production, if required, of his authority-
(a)enter and inspect any premises, vehicle, vessel or aircraft in which any pesticide is kept or in which he has reasonable grounds for suspecting that any pesticide is kept;
(b)seize and remove any pesticide and any books, records or other documents relating to such pesticide from any premises vehicle, vessel or aircraft if he has reasonable cause to believe that such pesticide has been manufactured,
compounded, imported, sold or offered or exposed for sale in contravention of this Act;
(c)take samples of any pesticides for the purpose of examination or analysis;
(d)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, 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.
(4)An inspector shall take such steps as are reasonably practical to afford the owner of any premises or the person in charge of any vehicle, vessel or aircraft, as the case may be, an opportunity to be present while an inspection under this section is being carried out.
(5)At any time when anything is seized under this section the person in whose custody or possession it than is shall be given a written receipt for it.
22. – (1) Any person who-
(a)wilfully delays or obstructs an inspector in the exercise of his powers under section 21; 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 21, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. Provided that no person shall be required under this section to answer any question tending to incriminate him.
If an Inspector applies to purchase any pesticide or any substance used in the manufacture of pesticides which is offered or exposed for sale and tenders the price for the quantity which he requires as a sample, and the person offering or exposing the pesticide or the substance for sale refuses to sell to the inspector such quantity thereof as aforesaid, or if the seller, consignor or any person having for the time being the charge of any pesticide or substance 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 purpose of subsection (1), be deemed to have wilfully obstructed the inspector:
Provided that where any pesticide or substance is exposed for sale in an unopened container duly labelled, no person shall be required to sell it except in the unopened container in which it is contained.
23.- (1) Any purchaser of any pesticide or any substance capable of being used in the manufacture or preparation or pesticides or any inspector may submit a sample of such pesticide or substance to an analyst for analysis or examination.
(2) Where a sample of any pesticide is taken with the intention of having it submitted to an analyst for analysis or examination, the person taking such sample shall, as soon as possible inform in writing the seller or the owner of the pesticide or his representative of his intention to have the sample analysed or examined by an analyst
24.- (1) An inspector or any other person who takes or purchases a sample for the purpose 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 analysed 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 analyst and the other part shall be retained by him.
(2)Every analyst shall, as soon as possible after receiving a sample obtained under this Act, analyse 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 he may consider necessary or desirable and shall forward a copy of such certificate to the person who received art of the sample in accordance with subsection (1).
(3)Where any person procures a sample under section 23 (1) 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 provision 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 pesticide or substance and deals with each lot as if it were a part in the manner provided by this subsection; and references in this Act to a part of a sample shall be construed accordingly.
25. Any person who knowingly makes any false statement, issues or maintains any false or misleading declaration, document, marking description of a pesticide in connection with the manufacture, importation or sale of a pesticide or any substance capable of being used in the manufacture of pesticides shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. 

Reference of the measure

Part V Section 21-25 

Measure also domestic

Yes 

Products affected by the measure.

Description

Pesticides 

Countries/Regions affected by the measure.