CHAPTER 378
FERTILIZERS AND ANIMAL FOODSTUFFS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title and commencement.

   2.   Interpretation.

   3.   Obligation to furnish written statements.

   4.   Adherence to statutory definitions in certain cases.

   5.   Deleterious ingredients prohibited in animal foodstuffs.

   6.   Offence in respect of unsterilized bones or other substances.

   7.   Restrictions on import of bones, etc.

   8.   Sterilising plant licences.

   9.   Licences to be subject to conditions.

   10.   Renewal, revocation or suspension of licence.

   11.   Appeal against decision of Commissioner.

   12.   Appointment of analysts and inspectors.

   13.   Powers of entry and sampling.

   14.   Right of purchaser to have article sampled and analysed.

   15.   Provision as to analysis of sample.

   16.   Tampering with samples.

   17.   Obstruction of inspectors.

   18.   Evidence.

   19.   Regulations.

   20.   Minister may vary Schedules.

   21.   Offences and forfeiture.

   22.   Exemption of certain sales.

SCHEDULES

CHAPTER 378
THE FERTILIZERS AND ANIMAL FOODSTUFFS ACT

An Act to regulate the importation, manufacture and sale of agricultural fertilizers and animal foodstuffs.

[..............]

Acts Nos.
19 of 1962
[R.L. Cap. 467]
33 of 1964

1.   Short title and commencement

   This Act may be cited as the Fertilizers and Animal Foodstuffs Act, and shall, subject to provisions of sections 6 and 7, come into operation on such date as the Minister may by notice in the Gazette, appoint.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "analyst" means any person appointed under section 12 to be an analyst;

   "animal carcass" means the dead body of any animal, bird or fish;

   "animal foodstuff" means food for bulls, cows, oxen, heifers, calves, sheep, goats, swine, horses, mules, donkeys, rabbits or poultry;

   "Commissioner" means the Commissioner for Veterinary Services;

   "fertilizer" means fertilizer of the soil;

   "to furnish" in relation to a statutory or other statement, means to mark a container in the manner specified in section 3 or to deliver a written statement;

   "inspector" means any person appointed under section 12 to be an inspector;

   "Minister" means the Minister responsible for veterinary services;

   "sterilising plant" means a plant which is designed or used to sterilise bones and other substances delivered from an animal carcass.

3.   Obligation to furnish written statements

   (1) Every person who delivers upon sale as a fertilizer or animal foodstuff any article included in the first column of the First Schedule, whatever may be the name under which the article is sold shall clearly, conspicuously, and indelibly mark on the container in which the said article is so delivered, or shall give to the buyer at or before the time of such delivery a written statement containing the following particulars (hereinafter referred to as the statutory statement)–

   (a)   the name under which the article is sold;

   (b)   such particulars of the nature, substance or quality of the article as are in relation to the article mentioned in the second column of the First Schedule; and

   (c)   where the article is an animal foodstuff, the name and amount of any ingredient specified in the Second Schedule:

   Provided that the obligation imposed by this subsection shall not apply to–

   (i)   delivery of quantities of fifty-six pounds avoirdupois or less, if the article sold is taken in the sight of the buyer from a parcel or other container bearing a conspicuous label on which are marked the particulars required by this subsection to be included in a statutory statement in respect of that article; or

   (ii)   to delivery to a carrier for transportation to a destination outside Mainland Tanzania.

   (2) Any person who fails to furnish a statutory statement when he is required by subsection (1) so to do commits an offence under this Act.

   (3) If a seller furnishes a statement at any time when he is required to furnish a statutory statement, and in purported compliance with his obligation in that behalf, in which any of the particulars required by subsection (1) to be included in a statutory statement is not included, or in which any of such particulars is found by analysis of a sample taken by an inspector in the prescribed manner to be false to the prejudice of the buyer, the seller shall, unless he proves that he took all reasonable steps to avoid committing the offence and that he acted without intent to defraud, be be committing an offence under this Act.

   (4) Where a fertilizer on an animal foodstuff is sold in a quantity of fifty-six pounds avoirdupois or less from a parcel or other container which bears a label purporting to be marked in accordance with paragraph (i) of the proviso to subsection (1), and, from analysis of a sample thereof taken by an inspector in the prescribed manner on the premises in which the parcel or other container is kept, it appears that any such particulars stated on the label is false to the prejudice of the buyer, the seller shall, unless he proves that he took all reasonable steps to avoid committing the offence and that he acted without intent to defraud, be committing an offence under this Act.

   (5) A particular shall not, for the purposes of this Act, be deemed to be false to the prejudice of the buyer if the mis-statement as respects any ingredient does not exceed the limits of variation specified in the Fifth Schedule.

4.   Adherence to statutory definitions in certain cases.

   (1) Any person who sells or offers or exposes for sale as a fertilizer or an animal foodstuff an article described by a name specified in the first column of the Third Schedule, which is found by analysis of a sample taken by an inspector in the prescribed manner not to accord with the definition thereof contained in the second column of the Third Schedule commits an offence under this Act, unless he proves that he took all reasonable steps to avoid committing the offence and that he acted without intent to defraud.

   (2) An article shall not be deemed to differ from the definition thereof contained in the second column of the Third Schedule by reason only of the fact that it contains not more than one part per centum by weight of a substance or substances not mentioned in such definition being, in the case of an animal foodstuff, foodstuffs mentioned in the Third Schedule and in the case of a fertilizer, fertilizers mentioned in the Third Schedule, or, in either case, inert substances.

5.   Deleterious ingredients prohibited in animal foodstuffs

   (1) Any person who sells or offers or exposes for sale as an animal foodstuff any article which contains any deleterious ingredient, or has in his possession packed and prepared for the purposes of sale as an animal foodstuff any such article, commits an offence under this Act unless he proves–

   (a)   that he did not know and could not with reasonable care have known that the article contained a deleterious ingredient; and

   (b)   where he obtained the article from some other person, that on demand by an inspector he gave all the information in his power with respect to the person from whom he obtained it and as to any statutory statement supplied to him by that other person:

   Provided that proceedings for an offence under this section shall not be instituted unless the article has been sampled by an inspector in the prescribed manner and the sample has been analysed in accordance with the provisions of this Act and, except in cases of an actual sale, the sample has been taken on the premises on which it was offered or exposed for sale or on which it was when packed and prepared for the purposes of sale as an animal foodstuff.

   (2) Any substance mentioned in the Fourth Schedule shall, if present in any article sold, offered or exposed for sale or packed and prepared for sale as an animal foodstuff, or, where a maximum quantity with regard to the substance is indicated in the Fourth Schedule, if present in excess of that quantity, as the case may be, be deemed to be a deleterious ingredient unless the contrary is proved.

6.   Offence in respect of unsterilized bones or other substances

   (1) Any person who–

   (a)   manufactures for sale, sells, offers or exposes for sale, or has in his possession for sale, as a fertilizer or animal foodstuff, any article containing or any other substance derived from an animal carcass which he knows or has reason to believe has neither been sterilised in a sterilising plant licensed under the provisions of section 8 nor imported into Mainland Tanzania with the prior approval of the Commissioner or other public officer under the provisions of section 7; or

   (b)   sells, offers, or exposes for sale, otherwise than to the holder of a licence issued under section 8 or his agent, any bone or other substance derived from an animal carcass, which he knows or has reason to believe will be used in the manufacture of a fertilizer or animal foodstuff and has neither been sterilised in a sterilising plant licensed under the provisions of section 8 nor imported into Mainland Tanzania with the prior approval of the Commissioner or other public officer under the provisions of section 7, shall be guilty of an offence against this Act.

   (2) This section shall come into operation on the expiration of six months after the date appointed by the Minister under the provisions of section 1.

7.   Restrictions on import of bones, etc.

   (1) No person shall import into Mainland Tanzania–

   (a)   any fertilizer or animal foodstuff which contains bone or any other substance derived from an animal carcass; or

   (b)   bone, or any other substance derived from, or containing any part of, an animal carcass intended to be utilised in the manufacture of any fertilizer or animal foodstuff, without the prior approval in writing of the Commissioner of any public officer appointed by him for the purpose of granting such approval.

   (2) The Commissioner or any other public officer appointed by him for such purpose may, in his discretion, grant or withhold approval to import any bone or any other such substance as is specified in subsection (1), and, without prejudice to the generality of the foregoing, may give such approval upon receipt of a certificate in the prescribed form signed by the exporter in the country of the bone or other substance which it is desired to import, and may make his approval subject to such conditions as he considers necessary.

   (3) Any person who imports into Mainland Tanzania any article in contravention of subsection (1) or in contravention of any condition attached to any approval granted under subsection (2), commits an offence under this Act.

   (4) This section shall come into operation on the expiration of three months after the date appointed by the Minister under the provisions of section 1.

8.   Sterilising plant licences

   Every application for a licence in respect of a sterilising plant, or for a renewal of such a licence, shall be made to the Commissioner in the prescribed manner and the Commissioner shall, upon payment of the prescribed fee, issue a licence in the prescribed form:

   Provided that the Commissioner may refuse to issue a licence on any of the following grounds that–

   (a)   the applicant has been convicted of an offence under this Act or any regulation made under section 19; or

   (b)   in the opinion of the Commissioner the sterilising plant in respect of which the application is made is not adequate or suitable for the efficient sterilising, in the prescribed manner, of bones or other substances derived from an animal carcass.

9.   Licences to be subject to conditions

   Every licence issued under the provisions of section 8 shall be subject to the following conditions–

   (a)   it shall be valid from the first day of January, or such other date as may be specified therein, until the thirty-first day of December in the same year;

   (b)   it shall not be transferable;

   (c)   the holder shall operate the sterilising plant in respect of which his licence is issued only on the premises, or, in the case of a licence issued in respect of a mobile sterilising plant, in the area specified in the licence;

   (d)   the holder shall maintain the sterilising plant in such conditions as may be prescribed.

10.   Renewal, revocation or suspension of licence

   The Commissioner may refuse to renew a licence or may suspend or revoke a licence issued under the provisions of section 8 on any of the following grounds–

   (a)   that the holder has been convicted of an offence under this Act or under any regulation made under section 19, or has contravened or failed to comply with any of the conditions to which his licence is subject; or

   (b)   if he is of the opinion that the sterilising plant has become unsuitable or inadequate for the efficient sterilising of bones or other substances derived from an animal carcass in the prescribed manner.

11.   Appeal against decision of Commissioner

   Any person who is aggrieved by the refusal of the Commissioner to issue a licence under section 8 or to renew such a licence, or by the suspension or revocation of such a licence by the Commissioner, may appeal in writing to the Minister within thirty days against such refusal, suspension or revocation, and the Minister's decision upon any such appeal shall be final.

12.   Appointment of analysts and inspectors

   (1) The Minister may appoint analysts and inspectors for the purposes of this Act.

   (2) A person shall not, while holding the office of inspector, engage in farming or in any business connected with the manufacture, sale or importation of articles used as fertilizers or animal foodstuffs or as ingredients in the manufacture of fertilizers or animal foodstuffs.

13.   Powers of entry and sampling

   An inspector may at all reasonable times enter any premises, not used exclusively as a dwelling house, in which he has reasonable cause to believe that there is any article intended for sale as a fertilizer or an animal foodstuff, or a sterilising plant licensed under the provisions of section 8, and may take samples in the prescribed manner of any article on such premises which he has reasonable cause to believe to be such an article intended for sale as a fertilizer or an animal foodstuff.

14.   Right of purchaser to have article sampled and analysed

   The buyer of any article included in the first column of the First Schedule, or of any other article sold for use as a fertilizer or animal foodstuff shall, on payment of such fees as may be prescribed, be entitled to have a sample of the article taken by an inspector in the prescribed manner and analysed by an analyst, and to receive from the analyst a certificate of the result of his analysis:

   Provided that any person who requires a sample to be taken under the provisions of this section shall–

   (a)   inform an inspector of his name and address; and

   (b)   make application to an inspector within fourteen days of the date on which he took delivery of the article.

15.   Provision as to analysis of sample

   An analyst who receives from an inspector sample taken under the provisions of this Act shall as soon as is practicable analyse the sample, and shall give to such persons as may be prescribed a report in the prescribed form specifying the result of the analysis.

16.   Tampering with samples

   Any person who fraudulently tampers or interferes with any article so as to procure that any sample of it taken or submitted for analysis under this Act does not correctly represent the article, or fraudulently tampers or interferes with any sample taken or submitted for analysis under this Act, commits an offence under this Act.

17.   Obstruction of inspectors

   Any person, being the owner or person entrusted for the time being with the charge and custody of any article, being a fertilizer or animal foodstuff, who refuses to allow an inspector to take a sample of the article on any premises on which he is authorised under this Act to take a sample, or any person who otherwise wilfully delays or obstructs any inspector in the execution of his duties under this Act or any regulations made under this Act, commits an offence under this Act:

   Provided that an inspector seeking to exercise his powers under this Act shall, if so required, produce evidence of his appointment or authority.

18.   Evidence

   (1) Any document purporting to be a report under the hand of an analyst appointed under the provisions of this Act, upon any sample duly submitted to him for analysis and report, may be admitted in evidence in any civil or criminal proceedings concerned with the article sampled without further proof, and shall be sufficient evidence of the facts stated therein unless the defendant or person charged requires that the analyst be called as a witness.

   (2) Where the defendant or person charged requires that the analyst be called as a witness he shall pay any reasonable costs incurred by such analyst in attending the trial, unless the court direct otherwise.

   (3) Any sample which has been taken in the prescribed manner by an inspector shall, unless the contrary is proved, be deemed to be of the same composition, to have the same qualities and, except in so far as the taking of the sample shall cause it to be otherwise, to possess in all other respects the same properties as the whole from which it was drawn.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.