CHAPTER 344
FOOD (CONTROL OF QUALITY) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
THE NATIONAL FOOD CONTROL COMMISSION

   4.   Establishment of National Food Control Commission.

   5.   Functions of the Commission.

   6.   Appointment and functions of Registrar.

PART III
CONTROL OF THE MANUFACTURE OF FOOD

(a) Licensing of Manufacturers

   7.   Restriction on the manufacture of food.

   8.   Application for the grant of a licence.

   9.   Register of licensed food manufacturers.

   10.   Provisions regarding licences.

   11.   Suspension and revocation of licence.

   12.   Appeals by aggrieved persons.

(b) Premises for Manufacture of Food

   13.   Restriction on use of premises for manufacture of food.

   14.   Application for and registration of premises.

   15.   Cancellation of registration of premises.

PART IV
GENERAL PROVISIONS REGARDING FOOD

(a) Composition and Labelling of Food

   16.   Regulations regarding the composition of food.

   17.   Prohibition on manufacture and sale of adulterated food.

   18.   General protection for purchasers of food.

   19.   False labelling or advertisement of food.

(b) Food Unfit for Human Consumption

   20.   Offence regarding sale, etc., of unfit food.

   21.   Food offered as prizes, etc.

   22.   Examination of food suspected to be unfit for human consumption.

   23.   Power to seize and dispose of unfit carcasses of slaughtered animals.

(c) Importation of Food

   24.   Restriction on importation of food.

   25.   Application for registration.

   26.   Restriction on movement of imported food.

PART V
PARTICULAR ARTICLES OF FOOD

(a) Milk and Cream Substitutes

   27.   Rules relating to milk.

   28.   Milk from diseased dairy animals not to be sold.

   29.   Control of use of designation "cream" or "ghee" in relation to cream substitutes.

(b) Slaughter of Animals and Sale of Meat

   30.   Restriction on slaughter of animals for sale for human consumption.

   31.   Regulations regarding slaughtering, slaughterhouses, etc.

   32.   Transport of meat.

PART VI
FOOD HYGIENE

   33.   Minister to make regulations regarding food hygiene.

   34.   Duty to report certain diseases and conditions.

   35.   Notification of food poisoning.

   36.   Inspection and control of infected food.

PART VII
ENFORCEMENT AND LEGAL PROCEEDINGS

(a) Inspection, Sampling and Analysis

   37.   General power to examine, seize, mark or destroy food.

   38.   Provisions regarding the inspection of meat.

   39.   Power to take samples.

   40.   Right to have sample analysed.

   41.   Provisions regarding the taking of samples for analysis.

   42.   Where division of sample into parts impracticable.

   43.   Power to call for information regarding composition of substances in food.

   44.   Power to enter premises.

   45.   Power to examine food in course of transit.

   46.   Persons obstructing execution of this Act.

(b) Legal Proceedings

   47.   Certificates of analysis.

   48.   Evidence of analysis.

   49.   Presumptions.

   50.   Power of court to order analysis.

   51.   Contraventions due to some other person.

   52.   When warranty may be pleaded as defence.

   53.   Offences in relation to warranties or certificates of analysis.

   54.   Sale, etc., by employees or agents.

   55.   Recovery of expenses incidental to taking of samples.

   56.   Appeals to the High Court.

   57.   Right to carry on business pending appeal.

PART VIII
GENERAL PROVISIONS

   58.   Protection of informers.

   59.   Protection of members of Commission, the Registrar, etc.

   60.   Notification of convictions in newspapers.

   61.   Appointment and functions of authorised officers.

   62.   General penalty.

   63.   Rules.

PART IX
REPEALS AND CONSEQUENTIAL PROVISIONS

   64.   [Repeal of R.L. Caps. 93 and 432.]

   65.   Savings.

   66.   Transitional provisions.

SCHEDULES

CHAPTER 344
THE FOOD (CONTROL OF QUALITY) ACT

An Act to provide for efficient control of the food industry.

[1st October, 1979]
[G.N. No. 108 of 1979]

Acts Nos.
10 of 1978
269 of 1985
39 of 1988
239 of 1989
4 of 1991
11 of 1992
3 of 1995

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Food (Control of Quality) Act.

2.   Application

   (1) This Act shall apply in the manner in which the Minister may, by order in the Gazette, direct, and the order or orders may either apply this Act throughout the United Republic, or may apply all or any of its provisions to certain areas of the United Republic, to certain premises or categories of premises or in any other way, and any order may specify different dates, or periods for the application of different provisions of this Act.

   (2) Nothing in this Act shall apply to or be deemed to restrict or affect in any way the preparation of food which, or the slaughter of any animals whose meat or the product derived from whose meat, is not intended for distribution, sale or export for human consumption, nor to impose any obligation in relation to any food prepared, or to the carcass of any animal slaughtered but not intended for distribution, sale or export for human consumption.

3.   Interpretation

   In this Act, unless the context otherwise requires–

   "advertisement" includes any structure or apparatus erected, used, or intended to be used, for the display of advertisements designed to promote, directly or indirectly the sale or disposal of food;

   "appointed day" means the date appointed by the Minister as the day on which this Act came into operation;

   "authorised officer" means a health officer, a medical officer, a veterinary officer registered or licensed under the Veterinary Surgeons Act *, and includes a medical assistant, health assistant, fisheries officer, meat inspector and any other person appointed by the Minister under section 61 for the purposes of this Act; except that for the purposes of the provisions of this Act relating to the taking of samples, any police officer of or above the rank of corporal, as well as each member of the Commission shall be an authorised officer;

   "Commission" means the National Food Control Commission established by section 4;

   "cream" means that part of milk, rich in fat, which has been separated by skimming or by any other means;

   "food" means any article other than drugs used as food for human consumption and includes any substance used in manufacture or treatment of food;

   "Government Analyst" includes any person authorised by the Minister to act as a Government Analyst for the purposes of this Act;

   "human consumption" includes use in the manufacture of food for human consumption and "consume" shall be construed accordingly;

   "licence" means a licence granted under section 8, permitting the holder to manufacture food for human consumption;

   "licensee" means the holder of a licence granted under this Act;

   "manufacture", with its grammatical variations and cognate expressions, means to subject any physical article or substance of food to any process including preparation, which–

   (a)   materially changes the article or substance of food in its composition, character or appearance; and

   (b)   results in that article or substance of food, after being processed, being possible of consumption by human beings, whether on purchase or otherwise;

   "medical officer" means any medical officer, including a medical officer of health, in the service of the Government, and includes any registered medical practitioner appointed by the Director of Hospital Services to be a medical officer for the purposes of this Act;

   "member", in relation to the Commission, means a member of the Commission and includes the Chairman and the Vice-Chairman;

   "Minister" means the Minister responsible for health;

   "premises" includes land, buildings, structures and basements and, in relation to any building, includes a part of a building and any curtilage, forecourt, yard or place of storage used in connection with the building or part of that building;

   "Registrar" means the Registrar of the Commission appointed under section 6;

   "sanitary convenience" means a latrine privy, urinal, water closet, pit latrine, earth closet or chemical closet;

   "slaughterhouse" means any premises or place approved and registered by the Commission for use for the slaughter of animals for human consumption and includes an abattoir and export slaughterhouse;

   "vessel" means a ship, boat or air craft, and includes a receptacle of any kind, whether open or closed.

PART II
THE NATIONAL FOOD CONTROL COMMISSION (ss 4-6)

4.   Establishment of the National Food Control Commission

   (1) There is established a body to be known as the National Food Control Commission.

   (2) The First Schedule to this Act shall have effect as to the composition and proceedings of the Commission and otherwise in relation to it.

   (3) The Minister may, by order in the Gazette, amend, vary or replace all or any of the provisions of the First Schedule.

5.   Functions of the Commission

   (1) The functions of the Commission shall be to–

   (a)   regulate, in accordance with this Act, the importation, manufacture, labelling, marking or identification, storage and sale and distribution of food or any materials or substances used in the manufacture of food;

   (b)   prescribe minimum standards of quality in respect of food manufactured or imported or intended to be manufactured or imported in or into the United Republic;

   (c)   test or facilitate the testing of food manufactured in or imported into the United Republic with a view to determining its fitness for human consumption;

   (d)   approve and register foods manufactured or intended to be manufactured within the United Republic, whether or not for export purposes;

   (e)   attend to and, where possible, take legal measures on, complaints made by consumers against food manufacturers;

   (f)   do such acts or take such measures as are, in the opinion of the Commission, necessary or expedient for the prevention of health hazards to consumers which may result from the consumption of food of low or bad quality.

   (2) In the performance of its functions, the Commission shall, as far as is practicable, maintain a system of consultation and co-operation with–

   (a)   the Tanzania Food and Nutrition Centre, established by the Tanzania Food and Nutrition Act *;

   (b)   the Tanzania Bureau of Standards, established by the Standards Act *,

and any other body established by or under any written law and having functions similar to those specified in subsection (1) or which relate to food quality standards or to public health generally.

6.   Appointment and functions of Registrar

   (1) The Minister shall appoint a public officer to be the Registrar, who shall also be the Secretary to the Commission.

   (2) The Registrar shall perform the duties prescribed in relation to his office under this Act and shall perform such functions as may, be specified by the Minister or the Commission.

PART III
CONTROL OF THE MANUFACTURE OF FOOD (ss 7-15)

(a) Licensing of Manufacturers (ss 7-12)

7.   Restriction on the manufacture of food

   (1) No person, shall, on or after the appointed day, carry on, or advertise that he is carrying on, the business of a food manufacturer unless he is the holder of a licence issued under section 8.

   (2) Any person who contravenes or fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years or to both that fine and imprisonment.

8.   Application for the grant of a licence

   (1) Subject to subsection (2), an application for the grant of a licence shall be made to the Commission in the prescribed manner and shall be accompanied by the prescribed fees.

   (2) The Commission shall only grant a licence under this section if it is satisfied that–

   (a)   the premises in which the applicant proposes to manufacture food have been inspected and registered by an authorised officer under section 14;

   (b)   the substances he intends to use are of a quality satisfactory to the standards prescribed by the Commission in respect of the food he proposes to manufacture;

   (c)   he has sufficient financial resources such as would enable him, in relation to the manufacture of food, to maintain the standards of quality prescribed by or under this Act;

   (d)   he has not, within twelve months immediately preceding his present application, been convicted of an offence under this Act or any other written law relating to food quality standards;

   (e)   he is not disqualified in any other way from holding a licence or a person whose licence is suspended;

   (f)   he meets in all respects all other requirements which may be prescribed in respect of food manufacturers;

   (g)   the manufacturer has adequate facilities, expertise or skill, or has personnel qualified to execute the business for which he is seeking to be licensed; and

   (h)   he has adequate facilities such as would enable him to maintain the standards of quality prescribed in relation to the manufacture of food.

9.   Register of licensed food manufacturers

   (1) As soon as practicable after the Commission has accepted an application for the grant or restoration of a licence, the Registrar shall enter in a register, kept and maintained for that purpose and in such form as may be prescribed, in respect of that person the following particulars–

   (a)   his name and address;

   (b)   the date on which the licence is granted;

   (c)   the serial number, if any, of the licence;

   (d)   particulars of any fees paid, or due but not paid, in respect of the licence under section 10;

   (e)   particulars of any revocation of the licence under section 11; and

   (f)   such other particulars as the Commission may direct.

   (2) All changes in the particulars registered under subsection (1) shall be entered in the register by the Registrar.

   (3) The Registrar may, with the general or specific approval of the Commission, rectify any clerical errors in the register or other document containing extracts from the register.

10.   Provisions regarding licences

   (1) A licence shall be in such form as the Minister may, after consultation with the Commission, prescribe.

   (2) A licence shall have and continue to have effect from and including the day when it is issued until it ceases to have effect in accordance with subsection (4) or it is revoked under section 11.

   (3) The prescribed fee in respect of a licence shall be payable annually on or before the anniversary of the day when the licence was issued in the year concerned.

   (4) If the prescribed fee in respect of a licence is not paid in accordance with subsection (3) it shall cease to have effect immediately after the anniversary concerned.

11.   Suspension and revocation of licence

   (1) The Commission shall suspend any licence granted by it if it is informed in writing by an authorised officer–

   (a)   that the premises on which the licensee manufactures food no longer satisfy the conditions of registration under section 13; or

   (b)   that proceedings are pending in court against the licensee for contravention of any of the provisions of this Act,

and upon the suspension, subject to such conditions as the Commission may deem fit to impose, the licence shall cease to have effect.

   (2) The Commission shall, either of its own motion or upon the petition of an authorised officer or any other person, revoke any licence issued by it, if the Commission is satisfied–

   (a)   that the licensee knowingly made a false statement or a statement which he did not believe to be true in his application for the licence;

   (b)   that the licensee no longer meets all or a majority of the requirements of subsection (2) of section 8;

   (c)   that the licensee has been convicted of an offence under this Act involving the disregard of food quality standards prescribed by the Commission; or

   (d)   that the licensee has been guilty of fraudulent conduct or dishonesty in his business as a food manufacturer.

   (3) A licence may be revoked for ground specified in paragraph (c) of subsection (2) on the recommendation of the court by which the licensee was convicted of the offence.

   (4) When a licence is suspended or revoked the Registrar shall notify the licensee in writing of that fact and of the reasons for the suspension or, as the case may be, the revocation.

   (5) Except in the case of suspension under paragraph (c) of subsection (2), no licence shall be suspended or revoked unless an inquiry has been less conducted in accordance with regulations made by the Minister in that behalf, giving the licensee an opportunity to be heard.

12.   Appeals by aggrieved persons

   Any person who–

   (a)   being an applicant for the grant or restoration of a licence, is aggrieved by a refusal of the Commission to grant his application; or

   (b)   being a licensee, is aggrieved by the suspension or revocation of his licence,

may appeal to the High Court in accordance with the provisions of section 56.

(b) Premises for Manufacture of Food (ss 13-15)

13.   Restriction on use of premises for manufacture of food

   (1) No person shall manufacture food except in premises registered in accordance with section 14.

   (2) The registration of any premises under section 14 shall cease to have effect upon the expiration of thirty days from the date of change in the ownership of the food manufacturing business carried on there.

14.   Application for and registration of premises

   (1) An application for registration of premises, accompanied by the prescribed fees shall be made in the prescribed manner to any authorised officer who has the power to register premises within the area in which the premises are situated.

   (2) On receipt of the application, an authorised officer shall inspect the premises and may register them as food manufacturing premises if he is satisfied–

   (a)   that the premises are suitable for the manufacture in them of any food for human consumption;

   (b)   that the premises meet the standard requirements for premises in respect of which the manufacture of the kind of food which the applicant proposes to manufacture in those premises is acceptable; and

   (c)   that the applicant has sufficient financial resources to maintain those premises in accordance with requirements of food hygiene specified in regulations made under section 33.

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