CHAPTER 130
STANDARDS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE TANZANIA BUREAU OF STANDARDS

   3.   Establishment of the Bureau.

   4.   Functions of the Bureau.

   5.   Council.

   6.   Powers and duties of Council.

   7.   Director.

   8.   Committees.

PART III
FINANCIAL PROVISIONS

   9.   Funds of the Bureau.

   10.   Power to borrow.

   11.   Annual and supplementary budget.

   12.   Investment.

   13.   Accounts and audit.

   14.   Director's report.

   15.   Annual statement of accounts and report to be laid before National Assembly.

PART IV
ESTABLISHMENT OF STANDARDS

   16.   Standards marks.

   17.   Compulsory standard.

   18.   Appeals.

PART V
ENFORCEMENT PROVISIONS

   19.   Samples and information.

   20.   Appointment of inspectors.

   21.   Powers of inspectors.

   22.   Obstruction.

   23.   General penalty.

   24.   Where offence is committed by body corporate.

   25.   Liability of employer or principal.

PART VI
MISCELLANEOUS PROVISIONS

   26.   Minister may give directions to Council.

   27.   Protection of Government, Bureau, Council and members and employees against claims in relation to standards marks.

   28.   Protection of members of Council and officers of Bureau.

   29.   Secrecy of information.

   30.   Prohibition of victimisation.

   31.   Regulations.

   32.   Fees and allowances.

SCHEDULE

CHAPTER 130
THE STANDARDS ACT

An Act to provide for the promotion of the standardisation of specifications of commodities, to establish the Tanzania Bureau of Standards and to provide for the functions, management and control of the Bureau.

[15th April, 1976]
[G.N. No. 73 of 1976]

Acts Nos.
3 of 1975
1 of 1977

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Standards Act.

2.   Interpretation Act No. 1 of 1977">

   In this Act, unless the context requires otherwise–

   "Bureau" means the Tanzania Bureau of Standards established by section 3;

   "code of practice" means a set of rules relating to the method to be applied or the procedure to be adopted in connection with the construction, installation, testing, operation or use of any article, apparatus, instrument, device or process;

   "compulsory standard" means a standard which has been declared to be a compulsory standard under section 17;

   "Council" means the Executive Council of the Tanzania Bureau of Standards established by section 5;

   "Director" means the Director of the Bureau appointed under section 7;

   "Inspector" means an Inspector appointed under section 20;

   "mark" includes any device, brand, heading, label ticket, name, signature, word, letter or numeral, or any combination of them;

   "Minister" means the Minister responsible for matters relating to commerce and industry;

   "sell" includes barter and exchange, and exposure or offer for sale, and export for or in pursuance of sale, and have in possession for any purpose of sale, export, trade or manufacture;

   "specification" means a description of any commodity by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics, or to any substance or material of or with which, or the manner in which, any commodity may be manufactured, produced, processed or treated;

   "standard" means a set of rules or conditions, approved, prescribed or recommended by the Bureau, which relate to or govern the specification, code of practice, safety, trade description, sampling method, testing method or any other aspect, quality, nature or matter of relating to or connected with–

   (a)   the production or marketing of any commodity; or

   (b)   any component, raw material, machinery, instrument, apparatus or other thing used, directly or indirectly, in the production or marketing of any commodity,

and includes, in relation to metrology, provisions approved or prescribed by the Bureau relating to the fundamental unit or physical constant and the testing of instruments and apparatus used for the determination of weights and measures; and "standardisation" means the provision or promotion of standards;

   "standards mark" means a mark which has been approved and registered by the Bureau as mark denoting conformity to a standard.

PART II
THE TANZANIA BUREAU OF STANDARDS (ss 3-8)

3.   Establishment of the Bureau

   (1) There is hereby established a Bureau which shall be known as the Tanzania Bureau of Standards.

   (2) The Bureau shall be a body corporate with perpetual succession and a common seal, and shall, in its corporate name, be capable of–

   (a)   suing and being sued;

   (b)   taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable; and

   (c)   entering into contracts and doing or performing all other things or acts for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

4.   Functions of the Bureau

   (1) Subject to any direction of general nature which the Minister may give under section 26, the functions of the Bureau shall be–

   (a)   to undertake measures for quality control of commodities of all descriptions and to promote standardisation in industry and commerce;

   (b)   to make arrangements or provide facilities for the testing and calibration of precision instruments, gauges and scientific apparatus, for the determination of their degree of accuracy by comparison with standards approved by the Minister on the recommendation of the Council, and for the issued of certificates in regard to them;

   (c)   to make arrangements or provide facilities for the examination and testing of commodities and any material or substance from or with which, and the manner in which, they may be manufactured, produced, processed or treated;

   (d)   to control, in accordance with the provisions of this Act, the use of standards marks;

   (e)   to grant, renew, suspend, vary or cancel any licence issued for the use of any standards mark;

   (f)   to assist industries in setting up and enforcing quality control procedures;

   (g)   to prepare, frame, modify or amend standards;

   (h)   to encourage or undertake educational work in connection with standardisation;

   (i)   to assist the Government or any other person in the preparation and framing of standards;

   (j)   to provide for co-operation with the Government of the representatives of any industry or with any statutory corporation or other person, with a view to securing the adoption and practical application of standards;

   (k)   to provide for the testing of locally manufactured and imported commodities with a view to determining whether the commodities comply with the provisions of this Act or any other law dealing with standards relevant to those commodities;

   (l)   to act as the custodian of the national primary standards of weights and measures and from time to time adjust, replace or cancel any standards where the adjustment, replacement or cancellation is necessary for the maintenance of conformity to the international standards;

   (m)   to collect, publish and disseminate literature and other materials on standardisation and other related subjects and to provide facilities for the members of the public to have access to the materials;

   (n)   to carry-out, promote or assist in research or standardisation and related subjects;

   (o)   to participate in, or to make arrangements for, conferences, seminars and discussions on matters connected with the activities of the Bureau;

   (p)   to do all other acts and things, and enter into any transactions, which are, in the opinion of the Council, expedient or necessary for the proper and efficient discharge of the functions of the Bureau.

   (2) In the performance of its functions the Bureau shall–

   (a)   have regard to the health and general welfare of the people of the United Republic;

   (b)   maintain, as far as may be practicable, a system of consultation and co-operation with any body established by or under any written law and having functions similar to those specified in subsection (1) or having functions which relate to industrial or commercial standards generally.

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.