CHAPTER 347
COFFEE INDUSTRY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE TANZANIA COFFEE BOARD

   3.   Establishment of the Board.

   4.   Management of the Board.

   5.   Functions of the Board.

   6.   Minister may give directions and take disciplinary measures.

PART III
CULTIVATION AND REGISTRATION OF COFFEE GROWERS

   7.   Registration of coffee growers.

   8.   Types and varieties of coffee to be grown.

   9.   Restriction on coffee seed and seedlings or plants.

   10.   Only certified seed or seedlings to be grown.

   11.   Board to make regulations.

PART IV
REGISTRATION, LICENSING AND INSPECTION

   12.   Power to issue various coffee dealers' licences.

   13.   Registration of a processing factory.

   14.   Licences.

   15.   Power to cancel, vary and suspend licences.

   16.   Aggrieved party to appeal to Minister.

   17.   Penalty for dealing with coffee without licence.

   18.   Appointment of coffee inspectors.

   19.   Power of entry and inspection.

   20.   Adulteration of coffee and plucking of unripe coffee.

PART V
ADMINISTRATION AND FINANCIAL PROVISIONS

   21.   Appointment of the Director-General.

   22.   Superannuation benefits.

   23.   Seal of the Board.

   24.   Appointment of agents and contractors.

   25.   Assets and liabilities to vest in the Board.

   26.   Funds and resources of the Board.

   27.   Annual budget of the Board.

   28.   Liability of members, etc.

   29.   Power to impose levy.

   30.   Payment of levy.

   31.   Establishment of Coffee Development Fund.

   32.   Composition of the Fund Committee.

   33.   Accounts and audit.

   34.   Annual report to be submitted to Minister.

PART VI
MISCELLANEOUS PROVISIONS

   35.   Rules and regulations.

   36.   General penalty.

   37.   Forfeiture.

   38.   Where offence committed by body corporate.

   39.   Liability of employee or principal.

   40.   Notification of order or directions.

   41.   Burden of proof.

   42.   [Repeal of Act No. 18 of 1984.]

   43.   Savings.

SCHEDULE

CHAPTER 347
THE COFFEE INDUSTRY ACT

An Act to make better provisions for the regulation, improvement and development of the Coffee Industry, to re-establish the Tanzania Coffee Board, to repeal the Tanzania Coffee Board Act of 1984 and to provide for related matters.

[1st July, 2002]
[G.N. No. 334 of 2002]

Act No. 23 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Coffee Industry Act.

2.   Interpretation

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

   "Board" means the Tanzania Coffee Board established by section 3;

   "Board of Directors" means the Board of Directors established under section 3;

   "coffee" means cherry, dried cherry, berries or beans or parts of berries or beans of coffee species includes clean coffee, parchment coffee, lights, triage, buni and hulled buni;

   "coffee buyer" means any person or group of persons registered under section 7 of the Act;

   "coffee by-products" means nicotine acid, chocolates, oils from beans, shells, firebricks from husks, fertilizer and mulching from hard coffee; husks and such other by-products as may be derived from coffee;

   "coffee grower" means an owner, occupier or a manager of land registered under section 7 of this Act for the purposes of growing coffee;

   "coffee exporter" means any person or group of persons licensed under section 12 of the Act;

   "dealing in coffee" means to act, treat, do business with or in coffee and these include, buying, selling, processing, liquoring, roasting, central pulping, warehousing and exporting;

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

   "export" means export outside Tanzania;

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

   "Fund Committee" means a Committee established under section 32;

   "grower" means any person who grows coffee intended for sale;

   "member of the Board of Directors" includes the Chairman;

   "Minister" means the minister for the time being responsible for agriculture and food security;

   "ministry" means the ministry of agriculture and food security;

   "processing" with its grammatical variations and cognate expressions means to subject coffee in any process which materially changes the coffee in substance, character or appearance and the term "processor" shall be construed accordingly;

   (2) The terms "buying" and "selling" include an offer to buy, or as the case may be, an offer to sell, and also any transaction whereby the property in the article in question may in future pass to the buyer.

PART II
THE TANZANIA COFFEE BOARD (ss 3-6)

3.   Establishment of the Board

   (1) There is hereby established a body corporate to be known as the Tanzania Coffee Board which shall–

   (a)   have perpetual succession and a common seal;

   (b)   in its corporate name be capable of suing and being sued;

   (c)   be capable of purchasing or acquiring in any manner and alienating any movable and immovable property; and

   (d)   be capable of entering into any such contract as may be necessary or expedient for the performance of its functions.

   (2) The provision of the Schedule shall have effect as to the constitution, tenure of office, and proceedings of other matters relating to the Board of Directors.

4.   Management of the Board

   The power to carry out the operations and management of the Board shall vest in the Board of Directors.

5.   Functions of the Board

   (1) The functions of the Board shall be the carrying out of such activities and the doing of such things as are necessary, advantageous or proper for the benefit of the coffee industry, and in particular shall include to–

   (a)   advise the Government on the policies and strategies for the development of the coffee industry in order to improve the quality, increase in production and competitiveness in the local and international market;

   (b)   promote the development of coffee production, processing and marketing;

   (c)   make regulations governing the cultivation and marketing arrangements of coffee including the monitoring of its price;

   (d)   provide financial support to coffee research and development and coffee sales promotion locally and internationally;

   (e)   regulate and control the quality of coffee and coffee by-products;

   (f)   collect, refine, maintain, use or disseminate information or data relating to the coffee industry;

   (g)   monitor the production and exportation of coffee;

   (h)   promote technological advancement in the coffee industry;

   (i)   make regulations for processing, exportation and storage of coffee and coffee by-products;

   (j)   facilitate or assist in the formation of associations or other bodies related to or dealing with coffee industry;

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