CHAPTER 202
TOBACCO INDUSTRY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
TANZANIA TOBACCO BOARD

   3.   The establishment of the Board.

   4.   Management of the Board.

   5.   Functions of the Board.

   6.   Minister may give directions and take disciplinary measures.

PART III
CULTIVATION OF TOBACCO

   7.   Registration of tobacco growers.

   8.   De-registration of growers.

   9.   Varieties of tobacco to be grown.

   10.   Restriction on tobacco seed importation.

   11.   Restriction on sowing uncertified seeds.

   12.   Board to make regulations.

PART IV
LICENSING, MARKETING AND INSPECTION

   13.   Power to issue various tobacco licences.

   14.   Registration of processing factory.

   15.   Export of unprocessed tobacco prohibited.

   16.   Greenleaf buying licences and farming contracts.

   17.   Appointment of tobacco classifier.

   18.   All tobacco to be classified.

   19.   Power to issue tobacco import licences.

   20.   Power to issue tobacco export licences.

   21.   Penalty for importation or exportation of tobacco without authority.

   22.   Power to issue tobacco seed multiplication licence.

   23.   Licences.

   24.   Power to cancel, vary, suspend licences.

   25.   Aggrieved party to appeal to the Minister.

   26.   Appointment of tobacco inspectors.

   27.   Power of entry, inspection.

   28.   Adulteration of tobacco.

PART V
ADMINISTRATION AND FINANCIAL PROVISIONS

   29.   Appointment of Director-General and other staff.

   30.   Board to grant gratuities to employees.

   31.   Seal of the Board.

   32.   Appointment of agents and contractors.

   33.   Assets and liabilities to vest in the Board.

   34.   Funds and resources of the Board.

   35.   Annual budget to the Board.

   36.   Liability of members, etc.

   37.   Power to impose levy.

   38.   Payment of levy.

   39.   Establishment of the Tobacco Industry Development Fund.

   40.   Books of accounts and audit.

   41.   Minister to submit accounts to National Assembly.

   42.   Formation of Tanzania Tobacco Council.

PART VI
MISCELLANEOUS PROVISIONS

   43.   Rules and regulations.

   44.   General penalty.

   45.   [Repeal of Act No. 20 of 1984.]

   46.   Saving.

SCHEDULES

CHAPTER 202
THE TOBACCO INDUSTRY ACT

An Act to establish the Tanzania Tobacco Board, to repeal the Tanzania Tobacco Act 1984, and to provide for the regulation, improvement and development of the tobacco industry and matters related thereto.

[1st July, 2002]
[G.N. No. 330 of 2002]

Act No. 24 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Tobacco Industry Act.

2.   Interpretation Act No. 20 of 1984">

In this Act, unless the context requires otherwise–

   "association" means an association formed and registered under Societies Ordinance*;

   "Board" means the Tanzania Tobacco Board established by section 3;

   "Council" means the Tanzania Tobacco Council established under section 42;

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

   "former Board" means the Board established by the provision of Tanzania Tobacco Board Act *.

   "Fund Committee" means a committee established under section 39;

   "inputs distributor" means a seller or stockist of agricultural inputs used in tobacco production;

   "inspector" means any officer appointed by the Board to perform the duties of inspectorate in accordance with the provisions of the Act;

   "member grower" means an individual farmer cultivating tobacco under growers' registration;

   "minister" means the Minister for the time being responsible for agriculture;

   "ministry" means the ministry for the time being responsible for agriculture;

   "non-contract buyer" means a person who illegally buys tobacco from a grower who has a farming contract with another buyer;

   "primary society" means primary societies formed and registered under the Co-operative Societies Act *;

   "tobacco" means the leaves of a plant of species of Nicotiana in any form usually accepted by manufacturers of tobacco for conversion into consumption and has been cured by air, sun, smoke or heat conveyed through flue pipes or by other process as may be given by an authorised officer and it also includes all other tobacco products;

   "tobacco buyer" means any person or group of persons licensed to buy tobacco from the growers for sale or processing whether or not such buyer has sponsored production of that tobacco by providing inputs and other support services to growers in line with the farming contract and it also includes any person or a group of persons buying tobacco from the sales floor at the factories for domestic or export market;

   "tobacco exporter" means any person or group of persons licensed under section 20 of the Act;

   "tobacco grower" means a person or group of persons registered by the Board for the purpose of growing tobacco independently or with financial or technical assistance pursuant to a subsisting farming contract;

   "tobacco marketing" means the buying and selling of tobacco and tobacco products;

   "tobacco pest" means tobacco beetle (basioderma serricorned F.), the tobacco moth (Ephasitaelulella Hb.) and other organisms which the Minister may by notice in the Gazette declare to be a pest of tobacco;

   "tobacco premises" means any land, building, factory, erection, vehicle, article or receptacle whatsoever for the purpose of growing, raiding, processing, transporting or connected with the handling of tobacco or other plants or products liable to be infected by a pest of tobacco.

PART II
THE TANZANIA TOBACCO BOARD
(ss 3-6)

3.   The establishment of the Board

   (1) There is hereby established a Board to be known as the Tanzania Tobacco Board.

   (2) The Board shall be a body corporate and shall–

   (a)   have perpetual succession and a common seal;

   (b)   in its corporate name be capable of suing and being sued;

   (c)   subject to this Act, be capable of purchasing or acquiring in any manner and alienating any movable and immovable property.

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

4.   Management of the Board

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

5.   Functions of the Board

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

   (a)   to advise the government on policies and strategies to promote and develop the tobacco industry;

   (b)   to promote the development of production, processing and marketing of tobacco;

   (c)   to promote a conducive environment for the tobacco industry so as to allow effective and fair competition for all stakeholders;

   (d)   to make regulations for the control of tobacco pests and diseases;

   (e)   to control and prescribe measures for the preservation of the environment including avoidance of land degradation, through compulsory afforestation and economical use of fuel wood programmes;

   (f)   to assist directly or through financial support in the research and development in any matter relating to the tobacco industry;

   (g)   to regulate and enforce quality standards of tobacco;

   (h)   to collect, refine, maintain, use and disseminate information or data relating to the tobacco industry;

   (i)   to make rules and regulations in respect of farming processing, marketing, transportation, exportation and storage of tobacco;

   (j)   to receive and administer any fund established under this Act;

   (k)   to represent the government in international fora relating to or dealing with tobacco industry;

   (l)   to promote and facilitate the formation of associations of other bodies of stakeholders within the tobacco sector (which shall form a consultative forum with the Board) and co-ordinate their activities:

         Provided that the objectives and operation of such associations shall not involve arrangements for price fixing or doing anything that is contrary to the Fair Competition Act *.

   (2) Without prejudice to the generality of the provisions of subsection (1) and subject to any special or general direction of the Minister, the Board shall have power–

   (a)   to register or license tobacco growers, sellers and processors;

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