CHAPTER 251
SUGAR INDUSTRY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE SUGAR BOARD OF TANZANIA AND THE NATIONAL SUGAR INSTITUTE

   3.   Establishment of the Sugar Board of Tanzania.

   4.   Functions of the Board.

   5.   Minister may give directions and take disciplinary measures.

   6.   Establishment of the National Sugar Institute.

PART III
CULTIVATION OF SUGAR CANE

   7.   Power to register cane outgrowers.

   8.   Director to prescribe varieties of sugar cane to be grown.

   9.   Restriction on importation, breeding, multiplication of sugar cane cuttings, seedlings, etc.

   10.   Director to determine protocol for research etc.

   11.   Board to make farming husbandry regulations.

PART IV
REGISTRATION, LICENSING AND INSPECTION

   12.   Power to issue licence for sugar manufacturers and small plant operators.

   13.   Power to register exporters, importers and industrial users of sugar etc.

   14.   Power to issue sugar import licences.

   15.   Power to issue export licences.

   16.   Penalty for importation or exportation of sugar without licence.

   17.   Conditions of licences.

   18.   Power of entry and inspection.

PART V
ADMINISTRATION AND FINANCIAL PROVISIONS

   19.   Appointment of the Director-General and other staff.

   20.   Termination of employment of some employees etc.

   21.   Seal of the Board.

   22.   Appointment of agents and contractors.

   23.   Assets and liabilities to vest in the Board.

   24.   Funds and resources of the Board.

   25.   Liability of members, etc.

   26.   Power to impose and payment of levy.

   27.   Establishment of Sugar Industry Development Fund.

   28.   Books of accounts and audit.

PART VI
MISCELLANEOUS PROVISIONS

   29.   Rules and regulations.

   30.   Forfeiture.

   31.   Where offence committed by body corporate.

   32.   Liability of employee or principal.

   33.   Notification of order and directions.

   34.   Burden of proof.

   35.   General penalty.

   36.   [Revocation of G.N. No. 44 of 1974.]

   37.   Savings.

SCHEDULES

CHAPTER 251
THE SUGAR INDUSTRY ACT

An Act to make provisions for the establishment of the Sugar Board of Tanzania and the National Sugar Institute, to provide for the improvement, development, regulation of the Sugar Industry and matters related thereto.

[1st July, 2002]

Act No. 26 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Sugar Industry Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "the Board" means the Sugar Board of Tanzania established by section 3;

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

   "the Corporation" means the Sugar Development Corporation (or known by its acronym as SUDECO) established by an order made under section 3 of the Public Corporations Act *;

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

   "the Director for Research and Development" means an officer-in-charge of the department of research and development in the ministry;

   "export" means export outside Tanzania;

   "grower" means any person who grows sugar cane for sale to a processing factory and is so registered by the Board;

   "import" means import into Tanzania;

   "industrial user of sugar" means a person who uses sugar as a raw material for an industrial manufacturing process in the production of a new product, different from the raw material used, but does not include blending process, and the sugar intended for. industrial use may be referred to as "industrial sugar";

   "input distributor" means a seller or stockist of agricultural inputs used in sugar cane production;

   "the Institute" means the National Sugar Institute established by section 6;

   "manufacturer" means a person who processes sugar cane to sugar;

   "Minister" means the Minister responsible for Agriculture;

   "Ministry" means the Ministry of Agriculture;

   "sugar" means and includes all types and forms of sucrose (saccharose), maltose, glucose (dextrose), fructose (levulose), aspartame, cyclamates and all such natural and artificial sweeteners that may be used as a substitute for, or a supplement to, or a complement to, crystalline sucrose, the product of sugar cane or sugar beet;

   "sugar exporter" means any person or group of persons issued with export licence in accordance with provisions of section 15 of the Act.

PART II
THE SUGAR BOARD OF TANZANIA AND THE NATIONAL SUGAR INSTITUTE (ss 3-6)

3.   Establishment of the Sugar Board of Tanzania

   (1) There is hereby established a body corporate to be known as the Sugar Board of Tanzania, 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.

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

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

4.   Functions of the Board

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

   (a)   to promote the development and expansion of sugar cane cultivation, production and marketing of sugar and the use of by-products;

   (b)   to advise the government on the policies and strategies for promotion and development of the sugar industry;

   (c)   to promote the development of small-holder sugar cane growers;

   (d)   to create and promote a competitive environment conducive to fair play among stakeholders in the sugar industry;

   (e)   to regulate and recommend measures for prescription and enforcement for the control of sugar cane pests and diseases;

   (f)   to recommend and regulate measures and procedures for the importation of sugar cane planting materials;

   (g)   to promote and assist in the research or investigation into any matter relating to the sugar industry;

   (h)   to prescribe and or enforce the quality standards for sugar cane, sugar, sugar by-products and any materials from which sugar can be manufactured;

   (i)   to advise and oversee the execution of sugar trade agreements or contracts between the government and other parties;

   (j)   to promote the training and improvement of skills in technological advancement in the sugar industry;

   (k)   to promote, develop and facilitate the formation of associations or other bodies of stakeholders within the sugar sector (which shall form a consultative forum with the Board) and monitor their activities provided that the objectives of such associations shall not involve arrangement for price fixing or doing anything that is contrary to the Fair Competition Act *;

   (l)   to provide a forum for discussions and negotiations among various categories of stakeholders in the sugar sector;

   (m)   to monitor the execution of contracts and marketing arrangements between sugar cane outgrowers and sugar manufacturers or other bodies related to the sugar sector and reconcile the parties, when disputes arise;

   (n)   to collect, refine, maintain and disseminate data and information relating to the sugar industry;

   (o)   to collect any levy on behalf of any fund established under this Act;

   (p)   to promote and co-ordinate the development of large, medium and small scale sugar plants;

   (q)   to monitor the implementation of the provisions of the agreements governing sale of privatised sugar factories and submit the report to the Minister;

   (r)   to represent the government in international fora relating to or dealing with the sugar industry;

   (s)   to monitor trends for local sugar production, sugar export and import requirements.

   (2) Without prejudice to the generality of the provisions of subsection (1), the Board shall have power–

   (a)   to issue licences for export or importation of sugar from or into Tanzania;

   (b)   to register or licence sugar cane growers, manufacturers of sugar and by products, sugar importers and exporters, and industrial users of sugar and sugar plants;

   (c)   to issue licences for the importation of sugar cane varieties upon the advice of the Director.

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