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DAIRY INDUSTRY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Scope.

   3.   Interpretation.

PART II
ESTABLISHMENT OF THE ANNUAL COUNCIL

   4.   Establishment of the Annual Council.

   5.   Composition of the Annual Council.

   6.   Tenure of office, meetings and proceedings of the Annual Council.

   7.   Functions of the Annual Council.

PART III
ESTABLISHMENT OF THE TANZANIA DAIRY BOARD

   8.   Establishment of the Tanzania Dairy Board.

   9.   Composition of the Board.

   10.   Functions of the Board.

   11.   Tenure of office, meetings and proceedings of the Board.

   12.   Executive Officer of the Board.

   13.   Seal of the Board.

   14.   Staff of the Board.

   15.   Indemnity for bona fide acts.

PART IV
REGISTRATION PROVISIONS

   16.   [Repealed].

   17.   Registration.

   18.   Refusal to register.

   19.   Revocation of registration.

   20.   Validity of a registration.

   21.   Certificate not to be transferable.

   22.   Replacement of lost or destroyed documents.

   23.   Appeals.

PART V
OFFENCES AND PENALTIES

   24.   Obstruction of an officer.

   25.   General penalty.

PART VI
FINANCIAL PROVISIONS

   26.   Establishment of the Fund

   27.   Functions of the Fund

   28.   Sources of the Fund

   29.   Management of the Fund

   30.   Proper Accounting

   31.   Auditing

   31A.   Power of the Board to invest

PART VII
MISCELLANEOUS PROVISIONS

   32.   Powers of the Minister to make regulation

   33.   Minister may amend the Schedules

   34.   Exemption

   35.   Repeal

THE DAIRY INDUSTRY ACT

An Act to provide for the production, regulation and promotion of the dairy industry; establishment of the Tanzania Dairy Industry Board and repeal of the Dairy Industry Act, 1965 and for other related matters.

[1st July 2005]
[G.N. No. 228 of 5/8/2005]

Acts Nos.
25 of 1978
7 of 1982
3 of 1986
10 of 1986
11 of 1992
10 of 1995
2 of 1998
8 of 2004
27 of 2008

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

    This Act may be cited as the Dairy Industry Act.

2.   Scope

   (1) This Act shall apply to all milk and milk products.

   (2) Without prejudice to subsection (1), this Act shall not apply to milk or milk products not intended for sale and those produced for consumption of the producer, members of his family, his employee or animals kept by him.

3.   Interpretation

   In this Act unless the context otherwise requires–

   "Annual Council" means a council established under section 4;

   "Board" means the Tanzania Dairy Board established under section 8 of this Act;

   "dairy" means any premises used for the production, processing or manufacturing of milk into milk products for sale;

   "designated milk" means milk of milch animals other than that of cows;

   "milk" means milk of cows;

   "milk product" means any product prepared from milk by any approved process including heating, separation, fermentation, evaporation, drying and includes cultured sour milk, youghurt, butter, ghee, cream, dairy ice cream and any other product manufactured wholly or mainly from milk;

   "milkshed area" means any part of Mainland Tanzania which has a recognized dairy industry stakeholder or organization at district, regional or zonal level;

   "milk vendor" means any person who carries on business of selling milk or milk products by delivering it to the places of residence or business of a purchaser;

   "Minister" means the Minister responsible for livestock development;

   "producer" means any person who keeps cattle or other milch animals for the production of milk, and includes a manager or a person who carries out the business of processing milk or milk products;

   "processor" means any person who carries out the business of processing milk or milk products;

   "producer-processor" means a person who processes milk or milk products solely obtained from his own farm;

   "pasteurized cream" includes any kind of milk product classified as such;

   "pasteurized milk" includes any kind of milk product classified as such;

   "retailer" means a person who buys milk or milk products from a distributor for resale to consumers;

   "registered dealer" means a producer, processor, marketing agent, importer, exporter, dairy inputs supplier, manufacturer registered under section 17 of this Act; and

   "Stakeholder" means an individual, organization or institution, private or public, interested in, concerned with, or involved in the development of the dairy industry in Mainland Tanzania, whether directly or indirectly.

PART II
ESTABLISHMENT OF THE ANNUAL COUNCIL (ss 4-7)

4.   Establishment of the Annual Council

   There is established an assembly to be known as the Annual Council or in its acronym - "AC".

5.   Composition of the Annual Council

   (1) The Annual Council shall consist of–

   (a)   the Chairman who shall be appointed by the Minister;

   (b)   one member representing recognized stakeholder organizations in every district;

   (c)   one member from registered National Milk Producers' Organizations;

   (d)   one member from registered National Milk Processors' Organizations;

   (e)   one member from registered National Milk Consumers' Organizations;

   (f)   one member from the ministry responsible for livestock development;

   (g)   one member from a public institution responsible for food quality control;

   (h)   one member from public university of agriculture;

   (i)   one member from the ministry responsible for local government;

   (j)   one member from the ministry responsible for co-operatives; and

   (k)   two members from Non-Governmental Organizations active in dairy industry development.

   (2) The Secretariat of the Board shall be the Secretariat of the Annual Council.

6.   Tenure of office, meetings and proceedings of the Annual Council

   Tenure of office, meetings and proceedings of the Annual Council shall be as provided for in the First Schedule to this Act.

7.   Functions of the Annual Council

   Functions of the Annual Council shall be–

   (a)   to promote the development of a sustainable dairy industry in Tanzania;

   (b)   to propose members of the Board for appointment by the Minister;

   (c)   to receive and scrutinize various reports from the Board;

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