Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B19: Import authorization/licensing related to technical barriers to trade not elsewhere specified 

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

76.-41) No person shall manufacture, import, supply, possess or
(2) Any person who deals in or manufactures counterfeit drugs, herbal drugs, medical devices, commits an offence and upon conviction is liable to fine of not less than five million shillings or to imprisonment for term of not less than two years or to both such fine and imprisonment.
(3) For the Purposes of this Act, a drug, medical device or herbal drug shall be deemed to be counterfeit if -
(a) it is manufactured under a name which belongs to another drug;
or
(b) it is an imitation of, or is a substitute for, another drug, medical device or herbal drug resembles another drug or medical device likely to deceive or bears upon its label or container the name of another drug, medical device or herbal drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug, medical device or herbal drug; or
(c) the label or container bears the name Of an individual or company Purporting to be a manufacturer of the drug, medical device or herbal drug; which individual or company is fictitious or does not exist; or
(d) it has been substituted wholly or in Part by another drug sub-stances; or
(e) it Purports to be it is a Product of manufacturer of whom it is not truly product.
(5) It shall be a defence in any Prosecution for an offence under subsection (1), if it is Proved to the satisfaction of the court that the accused, not being a person selling the drug, medical devise or herbal drug to Which the false or misleading advertisement which is the subject of the prosecution relates, did not know and could not reason-
ably be expected to have known, the advertisement was in any respect'''false'' or ''Misleading'' unless it is Proved that, the accused failed on demand by the Director General, an inspector or a Police officer, to furnish the name and address of the person at whose instance the advertisement was published or distributed or was brought to the notice of the public.
78.-(I) Without derogating the provisions of the Drugs and Prevention Of Illicit Traffic in Drugs Act, 1995, no person shall manufacture, import, sell or use any controlled drug for medicinal or scientific purpose unless he complies with the provisions of this Act.
(2) The provisions of the Drugs and Prevention of Illicit Traffic in Drugs Act, 1995 in relation to offences and penalties shall apply mutatis matundis to offences committed under this Act.
(3) The provisions of this Act, shall be in addition to and not in derogation of the Drugs and Prevention of Illicit Traffic in Drugs Act,1995, or any other written laws having functions similar to those specified under this Act.
(4) Notwithstanding the provision of subsection
(6), any person who contravenes or fails to comply with any provisions or regulation under this Act relating to the keeping of books or the issuing, or dispensing of Prescriptions containing controlled drugs to which this Act applies,
commits an offence and shall upon conviction be liable to a fine of not less than fifty thousand shillings, or to imprisonment for a tecin not exceeding six months or to both such fine and imprisonment 

Reference of the measure

Part IV section e para 76 & section d para 78 

Measure also domestic

Yes 

Products affected by the measure.

Description

drug, medical device or herbal drug 

Countries/Regions affected by the measure.

Description

All countries