Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B7: Product quality, safety or performance requirements 

Date when the measure came into force

01 July 2003 

Publication where the measure is specified

No.1 Tanzania Food, Drugs, Cosmetics,2003.The United Reoublic of Tanzania 

Regulation where the measure is specified

Food,Drugs and Cosmetics Act,2003 

Country/Region applying the measure

Tanzania 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

75--(I) No Person shall -
(a) add any substance to, or substract any substance from a drug so adulterated or as to affect adversely the composition of the drug with intention of selling the drug in that changed state; or
(b) sell or supply, Or offer or expose for sale or supply, or have in his devices Possession for the purpose of sale or supply, any drug, medical devices, herbal drug Or Poison product whose composition has been affected by the addition thereto or subtraction there from of any substance; or and herbal drugs
(c) sell or supply any drug, medical devices, herbal drug or Poison Product which is not of the nature or quality demanded by the Purchaser.
(2) No person shall -
(a) offer for sale;
(b) Procure for sale;
(c) sell;
(d) administer to any person or animal, any drug which is unfit for intended Purpose.
(3) All drugs which are unfit for intended purpose shall be kept in separate place labelled ''unfit for intended use'' marked in red.
(4) For the purposes of this Act a ''drug which is unfit for intended use'' means a drug which has expired or which is not safe or efficacious or of undesired quality even before the expiry date.
(5) Where a drug, medical device, herbal drug or poison is sold or supplied pursuant to a Prescription given by an appropriate practitioner, subsection (1) shall have effects as if -
(a) any reference to the ''purchaser'' includes a reference to the person for whom the drug, medical devices, herbal drugs or poisons was prescribed by an appropriate practitioner; and
(b) for the words ''demanded by the purchaser'' shall be substituted by the words ''specified in the prescription''
(6) Any person who contravenes the provisions of this section, commits an offence and shall be liable on conviction -
(a) if such a person is an individual to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than three months or to both such fine and imprisonment;
(b) if such a person is an association, or body corporate to a fine of not less than three million shillings. 

Reference of the measure

Part IV section e para 75 

Measure also domestic

Yes 

Products affected by the measure.

Description

drug, medical devices, herbal drug Or Poison 

Countries/Regions affected by the measure.

Description

All countries