Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A22: Restricted use of certain substances in foods and feeds and their contact materials 

Date when the measure came into force

18 June 1959 

Publication where the measure is specified

Food and Drugs Act CAP 278 

Regulation where the measure is specified

Food and Drugs Act 

Country/Region applying the measure

Uganda 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

2 (1) No person shall add any substance to food, use any substance as an ingredient in the preparation of food, abstract any constituent from food or subject food to any other process or treatment so as in any such case to
render the food injurious to health, with intent that the food shall be sold for human consumption in that state.
(2) No person shall add any substance to, or abstract any constituent from, a drug so as to affect injuriously the quality, constitution or potency of the drug, with intent that the drug shall be sold in that state.
(3) Subject to this section, no person shall—
(a) sell for human consumption, offer, expose or advertise for sale for human consumption, or have in his or her possession for the purpose of such sale, any food rendered injurious to health by means of any operation described in subsection (1); or
(b) sell, offer, expose or advertise for sale or have in his or her possession for the purpose of sale, any drug injuriously affected in its quality, constitution or potency by means of any operation described in subsection (2).
(4) Any person who contravenes any of the foregoing provisions of this section commits an offence and is liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.
(5) In determining for the purposes of this Act whether an article of food is injurious to health, regard shall be had not only to the probable effect of that article on the health of a person consuming it, but also to the probable
cumulative effect of articles of substantially the same composition on the health of a person consuming those articles in ordinary quantities.
(6) In proceedings under this section for an offence consisting of the advertisement for sale of any food or drug, it shall be a defence for the person charged to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he or she received the advertisement for publication in the ordinary course of business.
3 (1) If a person sells to the prejudice of the purchaser any food or drug which is not of the nature, or not of the substance, or not of the quality, of the food or drug demanded by the purchaser, he or she, subject to section 4,commits an offence.
(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding two thousand shillings.
(3) In proceedings under this section it shall not be a defence to allege that the purchaser bought for analysis or examination and therefore was not prejudiced.
(4) In this section, except so far as it relates to drugs, the reference to sale shall be construed as a reference to sale for human consumption.
4. Defences available in proceedings under section 3.
(1) In proceedings under section 3 for an offence consisting of the sale of food to which any substance has been added, or in the preparation of which any substance has been used as an ingredient, or from which any constituent has been abstracted, or which has been subjected to any other process or treatment, other than food thereby rendered injurious to health, it shall be a defence for the person charged to prove that the operation in question was not carried out fraudulently, and that the article was sold having attached to it a notice of adequate size, distinctly and legibly printed and conspicuously visible, stating explicitly the nature of the operation, or was sold in a wrapper or container displaying such a notice.
(2) The provisions of subsection (1) shall apply in relation to proceedings for an offence consisting of the sale of a drug to which any substance has been added, or from which any constituent has been abstracted, other than a drug thereby injuriously affected in its quality, constitution or potency, as they apply in relation to any offence mentioned in that subsection.
(3) In proceedings under section 3 in respect of any food or drug containing some extraneous matter, it shall be a defence for the defendant to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation.
(4) In proceedings under section 3 in respect of diluted whisky, brandy, rum or gin, it shall be a defence for the defendant to prove that the spirit in question had been diluted with water only and that its strength was still not lower than thirty-five degrees underproof.
16 (1) Subject to this section, no person shall—
(a) add any water or colouring matter or any other liquid or substance, or any dried or condensed milk or liquid reconstituted from that dried or condensed milk, to milk intended for sale for human consumption;
(b) add any separated milk or mixture of cream and separated milk to unseparated milk intended for sale for human consumption;
(c) sell, or offer or expose for sale, or have in his or her possession for the purpose of sale for human consumption, any milk to which any addition has been made in contravention of paragraphs (a) or (b) of this section; or
(d) sell, or offer or expose for sale, under the designation of milk, any liquid in the making of which any separated milk or any dried or condensed milk has been used.
(2) A person who contravenes any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.
(3) For the purposes of subsection (1)(c), a person shall be deemed to retain the possession of milk which is deposited in any place for collection until it is actually collected; but nothing in this subsection shall be taken as prejudicing the defence available under section 22(2) to a person charged with an offence in respect of a sample of the milk taken after the milk has left his or her possession.
(4) Nothing in this section shall apply to such persons or to such class of persons as the Minister may, by statutory order, exempt, and any such exemption may be subject to such conditions as the Minister may, in his or her discretion, impose 

Reference of the measure

Part II Section 2 (1)-(6) & section 3 (1)-(4), part III section 16 

Measure also domestic

Yes 

Products affected by the measure.

Description

Food. Milk 

Countries/Regions affected by the measure.