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CASHEWNUT INDUSTRY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and Commencement.

   2.   Interpretation.

PART II
THE CASHEWNUT BOARD OF TANZANIA

   3.   Establishment of the Board.

   4.   Composition of the Board.

   5.   Functions of the Board.

   6.   Committees of the Board.

   7.   Delegation of powers.

   8.   Directions of the Minister.

   9.   Director General.

   10.   Employees of the Board.

   11.   Appointment of agents and contractors.

PART III
REGISTRATION OF CASHEWNUT GROWERS AND TRADERS

   12.   Registration of cashewnut dealers.

   13.   Maintenance of register.

   14.   Contract farming.

PART IV
LICENSING, MARKETING AND INSPECTION

   15.   Issuance of licence.

   16.   Forms of licence.

   17.   Cancellation or suspension of licences.

   18.   Offences relating to licences.

   19.   Grading of cashewnuts.

   20.   Appointment of cashewnut grading experts.

   21.   Appointment of cashewnuts inspectors.

   22.   Powers of the inspectors.

   23.   Prohibition of adulteration of cashewnut.

PART V
FINANCIAL PROVISIONS

   24.   Assets and liabilities to vest in the Board.

   25.   Funds and resources of the Board.

   26.   Books of accounts and audit.

   27.   Annual report.

   28.   Remuneration of members.

PART VI
MISCELLANEOUS PROVISIONS

   29.   General offences and penalties.

   30.   Forfeiture.

   31.   Offences committed by body corporate.

   32.   Liability of agent and principal.

   33.   Notification of order and directions.

   34.   Burden of proof.

   35.   Protection of members.

   36.   Stakeholders’ meeting.

   37.   Powers to make regulations.

   38.   Powers to make by-laws.

   39.   Repeals.

   40.   Savings.

SCHEDULE

CHAPTER
THE CASHEWNUT INDUSTRY ACT

An Act to make provisions for the establishment of the Cashewnut Board, to provide for the regulation of cashewnut production, grading, processing and marketing and kernels, and to provide for other related matters.

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[G.N. No. ????]

Act No. 18 of 2009

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and commencement

   This Act may be cited as the Cashewnut Industry Act, 2009 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "adulteration" means a situation whereby foreign materials such as stones, sand, brick, water and useless organic materials have been added or mixed with raw cashewnut for purposes of increasing weight;

   "association" means an association formed and registered under the Societies Act * ;

   "Board" means the Cashewnut Board of Tanzania established under section 3;

   "buying centre" means a place designated by a local authority and approved by the Board to be a cashewnut buying centre;

   "cashewnut" means raw cashewnut after harvesting;

   "cashewnut by-product" means products obtained from processing cashewnuts including cashewnut shell liquid, cashew waste and cashew apple;

   "cashewnut dealer" means any person engaged in production, marketing, storage, processing, importation or exportation of cashewnuts;

   "contract farming " means farming under an agreement between cashewnuts growers, farmers or producers on one part and cashewnut industry financiers such as cashewnut buyers and sellers, cashewnut processors or bankers on the other part;

   "Director" means an officer in-charge of the department in the Ministry responsible for crop development services;

   "Director General" means the Chief Executive Officer of the Board appointed under section 9;

   "former Board" means the Board established by the provisions of the Cashewnut Board of Tanzania Act * ;

   "input" means planting material, agrochemical, fertilizer, packaging material and farm implements;

   "inspector" means any officer authorized by the Board or District Authority to act as an inspector in accordance with the provisions of this Act;

   "kernels" means nuts produced from processed cashewnuts;

   "large scale processor" means any person doing the activity of processing cashewnut with the capacity of above five tons per year;

   "large scale farmer" means any person doing the activity of growing cashewnut with the capacity of producing above five tons per year;

   "local government" means district authority established under the Local Government (District Authorities) Act * or urban authority established under the Local Government (Urban Authorities) Act *;

   "member" in relation to the Board, means a member of the Board and includes a Chairman of the Board;

   "Minister" means the Minister responsible for agriculture;

   "premises" includes land, building, factory, erection, vehicle, article, or receptacle used for the purpose of growing, sorting, processing, transporting or in any activity connected with the handling of cashewnut;

   "processing" with its grammatical variations and cognate expressions means any act or thing done to cashewnuts for the purpose of extracting kernels there from;

   "senior officer" means an officer who is the head of a unit, section or department;

   "small scale farmer or grower" means any person doing the activity of growing cashewnuts with the capacity of less than one ton per year;

   "small scale processor" means any person doing the activity of processing cashewnuts with the capacity of less than one ton per day;

   "medium scale processor" means any person doing the activity of processing cashewnuts with the capacity of one to five tons per day;

   "stakeholders meeting" means the meeting of all cashewnuts stakeholders held at least once a year to agree on the funding and implementation or otherwise of the shared functions and other matters of common interest to the cashewnuts stakeholders;

   "stakeholder" means a public dealer in the cashewnut industry including the Central Government, local government authorities, cooperative societies, the Cashewnut Board, Cashewnut Research Institutes, Cashewnut traders, processors and farmers organisations;

   "shared function" means joint function to be undertaken by all cashewnuts stakeholders as agreed from time to time and includes research, extension, input supply, crop promotion and development, promotion of fair trade and competition; and

   "regulatory function" includes data collection; data analysis and dissemination; market information; enforcement of law and order; making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of cashewnut and inputs, inspection and quality control of raw cashewnuts, kernels and cashewnut by-products, setting indicative prices and all functions financed exclusively by the Government.

PART II
THE CASHEWNUT BOARD OF TANZANIA (ss 3-11)

3.   Establishment of the Board

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