CHAPTER 344
FOOD (CONTROL OF QUALITY) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    REGULATIONS

        The Food (Control of Quality) (Importation of Food) Regulations

        The Food (Control of Quality) (Food Hygiene) Regulations

        The Food (Control of Quality) (Fees and Charges) Regulations

        The Food (Control of Quality) (Food Labelling) Regulations

        The Food (Control of Quality) (Treatment and Disposal of Unfit Food) Regulations

        The Food (Control of Quality) (Iodated Salt) Regulations

        The Food (Control of Quality) (Transport of Meat) Regulations

        The Food (Control of Quality) (Poultry Slaughterhouses, Slaughtering and Inspection of Poultry Meat) Regulations

        The Food (Control of Quality) (Slaughterhouses, Slaughtering and Inspection of Meat) Regulations

        The Food (Control of Quality) (Marketing of Breast-Milk Substitutes and Designated Products) Regulations

        The Food (Control of Quality) (Edible Palm Oils and Fats) Regulations

        The Food (Control of Quality) (Food Additives) Regulations

REGULATIONS

THE FOOD (CONTROL OF QUALITY) (IMPORTATION OF FOOD) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Application.

    3.    Interpretation.

    4.    Restriction on importation of foods.

    5.    Application for registration of food importers and for import permits.

    6.    Imported food to enter the country through approved ports only.

    7.    Inspection and examination of imported foods.

    8.    Demurrage charges exempted in cases of public interest.

    9.    General penalty.

SCHEDULES

THE FOOD (CONTROL OF QUALITY) (IMPORTATION OF FOOD) REGULATIONS

(Section 16(2)(b))

[31st May, 1982]

G.Ns. Nos.
63 of 1982
393 of 1986
369 of 1998

1.    Citation

    These Regulations shall be cited as the Food (Control of Quality) (Importation of Food) Regulations.

2.    Application

    These Regulations shall apply in the manner in which the Minister may, by order in the Gazette, direct, and the order or orders may either apply these Regulations throughout the United Republic or to certain areas or premises or category of premises or in any other way, and may specify different dates or periods for the application of different provisions of these Regulations.

3.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "import permit" means a permit issued to a food importer by the Commission under these Regulations, authorising him to import food items specified therein;

    "Minister" means the Minister responsible for health;

    "port of entry" means places mentioned in the First Schedule to these Regulations.

4.    Restriction on importation of foods

    (1) No food shall be imported into the United Republic unless the importer is a holder of a valid import permit in respect of that food.

    (2) A fresh import permit shall be obtained from the Commission on every occasion the food importer places a fresh order even for foods which are included in his original or previous order.

5.    Application for registration of food importers and for import permit

    (1) Subject to subregulation 2 of this regulation an application for registration as a food importer or for the grant of an import permit, as the case may be, shall be made to the Commission in forms prescribed in the Second Schedule to these Regulations and shall be accompanied by the prescribed fees.

    (2) The Commission shall grant an import permit if it is satisfied that–

    (a)    the food item intended to be imported has been registered by the food importer;

    (b)    the food item for which import permit is being sought has not been banned or does not contain an ingredient which has been banned in the country of origin.

    (3) The Commission may withdraw or cancel any import permit issued by it or cancel any food item specified therein if–

    (a)    it discovers the false information in respect of the permit or registration of the food importer or of the food item in question;

    (b)    it is reasonably suspected that a food item specified in them is likely to cause health hazards to consumers.

6.    Imported food to enter the country through approved ports only

    (1) No food shall be imported into the United Republic through ports other than those listed in the First Schedule to these Regulations.

    (2) Notwithstanding the provisions of subregulation (1) of this regulation, food may, in special circumstances, be imported into the United Republic through ports other than those listed in the First Schedule to these Regulations if the food importer makes prior arrangement consented to by both the customs officer, and the authorised officer concerned.

7.    Inspection and examination of imported food

    (1) No imported food shall be removed out of the customs area before it is inspected or examined, as the case may be, and certified as fit for human consumption in writing by an authorised officer.

    (2) In good time before its expected arrival, or soon after its arrival, the food importer or the captain of the vessel or his agent shall give an authorised officer a copy of the food cargo manifest, stating the kind and amount of food, packaging unit used and the name of country of origin.

    (3) Food which is normally labelled in its country of origin shall be so labelled in Swahili or in English when imported into the United Republic and any food whether labelled or not, shall, in addition, be accompanied by a health certificate issued by a competent authority acceptable to the Commission showing that–

    (a)    the food is fit for human consumption at the time of exportation;

    (b)    it meets the standards prescribed for it by the food control authority of the country of origin, stating such standards.

    (4) Where languages other than Swahili or English are used in the manufacturer's label a translation of the label declaration may be accepted if it is certified as correct by an acceptable competent authority.

    (5) Imported food which is found to be unfit for human consumption on inspection at a port of entry shall not be allowed entry into the United Republic and shall be returned to the exporting country at the expense of the importer.

8.    Demurrage charges exempted in cases of public interest

    (1) No demurrage charge shall be levied on imported food which has remained in the customs area pending the outcome of analysis of sample procured or taken from such food.

    (2) The authorised officer who has procured or taken a sample of imported food shall, as soon as he receives the results of analysis, inform the customs officer of his decision regarding the fate of the imported food and both the authorised officer and the customs officer shall, where necessary, work in co-operation to release or dispose of, as the case may be, the imported food as soon as reasonably possible.

9.    General penalty

    Any person who contravenes or fails to comply with these Regulations, or any person who, directly or indirectly aids another person in committing an offence under these Regulations commits an offence and is liable on conviction to a fine not less than five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both that fine and imprisonment.

FIRST SCHEDULE
LIST OF APPROVED PORTS

SECOND SCHEDULE
FORM OF APPLICATION FOR REGISTRATION OF FOOD AND IMPORTERS

UNITED REPUBLIC OF TANZANIA

(MINISTRY OF HEALTH)

(Section 25 of Cap. 344)

FORM TV. 06
FORM OF APPLICATION FOR PERMISSION TO IMPORT REGISTERED FOOD

(Section 25 of Act No. 10 of 1978)

UNITED REPUBLIC OF TANZANIA

THE FOOD (CONTROL OF QUALITY) (FOOD HYGIENE) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Interpretation.

    3.    Premises not to be used unless licensed.

    4.    Application for registration of premises.

    5.    Application for and issue of licence.

    6.    Growing and harvesting operations to be of a sanitary nature.

    7.    Food premises and their environment to be kept clean.

    8.    Layout and construction of food premises and facilities.

    9.    Equipment, utensils and food contact surfaces.

    10.    Sanitary facilities and controls.

    11.    General maintenance of the premises.

    12.    Cleanliness of utensils and equipments.

    13.    Processing and control of operation.

    14.    Health measures to be kept in a food premises.

    15.    Notice to clean, reconstruct or repair food premises.

    16.    Penalty.

SCHEDULES

THE FOOD (CONTROL OF QUALITY) (FOOD HYGIENE) REGULATIONS

(Section 33)

[31st May, 1982]

G.Ns. Nos.
64 of 1982
394 of 1986
369 of 1998

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Food Hygiene) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice;

    "Commission" means the National Food Control Commission established under section 4 of the Food (Control of Quality) Act *;

    "food contact surface" means any surface which comes into contact with food during the sale, preparation, packaging, conveying or storing of such food;

    "health authority" in relation to an area of a town, municipality or city means the town council, municipal council or city council, as the case may be, and in relation to an area of a district or of a region, means a district development council of a regional development council;

    "sanitized" means to adequately treat surface by a process that is effective in destroying vegetative cells of pathogenic bacteria and substantially reducing other micro-organisms such that the treatment shall not adversely affect the food and shall be safe for the consumer.

3.    Premises not to be used unless licensed

    (1) No person shall use any premises or being the owner or occupier thereof permit or allow the premises to be used for the purpose of selling, preparing, packaging, storing or displaying for sale food unless such person is in possession of a licence issued under these Regulations.

    (2) No licence shall be issued under these Regulations unless the authorised officer of the health authority of the area in which the licence being sought would operate, has inspected and registered the premises under these Regulations.

4.    Application for registration of premises

    Every person desiring a licence in respect of any premises used or to be used for the purposes of selling, preparing, storing or displaying for sale any food shall make application in Form "A" set out in the First Schedule to these Regulations, to the authorised officer of the area in which the premises to be registered is situated, and shall, on request, supply any information which may be required by an authorised officer for the purpose of these Regulations.

5.    Application for and issue of licence

    (1) Every person desiring a licence in respect of any premises used or to be used for the purpose of selling, preparing, storing, or displaying for sale any food shall make application in Form "B" set out in the First Schedule to these Regulations, to the Commission and shall, on request, supply any information which may be required by the Commission for the purpose of these Regulations.

    (2) Every licence issued under these Regulations shall be in Form "C" set out in the first schedule to these Regulations, and shall expire on 31st March next following the date of issue.

    (3) No person to whom a licence has been issued under these Regulations, shall lend, hire, sell, transfer or otherwise dispose of such licence to any person without the approval of the Commission which approval shall be endorsed on the licence.

    (4) No licence shall be transferred from the premises in respect of which it was issued to any other premises.

    (5) Premises shall not be used for purposes other than that stated in the licence.

6.    Growing and harvesting operations to be of a sanitary nature

    Every person who owns, operates or is in charge of the growing and harvesting operations for raw materials to be used in the preparation of food shall ensure that such operations are of a clean and sanitary nature and that–

    (a)    unfit raw materials are segregated out during harvesting and disposed of in a manner that they cannot contaminate food or water supply to a food premises or any other crops; and

    (b)    harvesting containers shall not constitute a source of contamination to raw materials and shall be of such construction as to facilitate thorough cleaning.

7.    Food premises and their environment to be kept clean

    (1) Every person who owns, operates or is in charge of food premises shall keep the grounds surrounding the food premises free from conditions which may result in contamination of food and more particularly he shall keep such grounds free from–

    (a)    improperly stored equipment, litter, waste and refuse which may attract, harbour or constitute breeding places for rodents, insects and other pests; and

    (b)    inadequately drained areas that may contribute to the contamination of food products through seepage or foot-borne filth and provide breeding places for insects or micro-organisms.

    (2) Where the grounds adjacent to food premises are not under the control of the owner or the operator of the food premises, the owner, or the operator or person in charge shall exercise care in the premises to effect seclusion of pests, dirt and other filth that may be a source of contamination to food.

8.    Layout and construction of food premises and facilities

    (1) All food premises shall be of suitable design, layout and construction to facilitate easy maintenance and sanitary food production.

    (2) The food premises and the facilities installed therein shall have–

    (a)    sufficient space for such placement and storage of materials as is necessary for sanitary operations;

    (b)    adequate areas, either by partition, location or other effective means, for those operations which may cause the contamination of food contact surfaces with undesirable micro-organisms, chemicals, filth or other extraneous materials;

    (c)    adequate lighting to hand washing areas, dressing and locker rooms, toilets and to all areas where food or food ingredients are examined, processed or stored and where equipment and utensils are cleaned;

    (d)    adequate ventilation or control equipment to minimise odours and noxious fumes or vapours, including steam, particularly in areas where such odours and noxious fumes or vapours may contaminate food, so however that such ventilation or control equipment shall not create conditions that contribute to food contamination by air-borne contaminants; and

    (e)    light bulbs, fixtures, skylights or other glass suspended over exposed food in any stage of preparation shall be of the safety type or otherwise protected to prevent the contamination of food in case of breakage;

    (f)    where necessary, effective screening or other protection against birds, animals and vermin, including but not limited to, insects and rodents.

    (3) The floors, walls and ceiling of food premises shall be of such construction as to be adequately cleanable and maintained in a clean and good state of repair.

    (4) The fixtures, ducts and pipes shall not be suspended over areas where drips or condensation may contaminate food and raw materials or food contact surfaces.

    (5) Aisles or working spaces between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties without contaminating the food or food contact surfaces with their clothing or personal contact.

9.    Equipment, utensils and food contact surfaces

    (1) Every utensil and piece of equipment used in a food premises shall be–

    (a)    suitable for their intended use;

    (b)    so designed and of such materials and workmanship as to be adequately cleanable; and

    (c)    properly maintained.

    (2) Every food contact surface shall be–

    (a)    smooth and free from pits, crevices and loose scale;

    (b)    non-toxic;

    (c)    capable of withstanding repeated cleaning, disinfection and sanitizing; and

    (d)    non-absorbent, unless the nature of a particular and otherwise capable process renders the use of an absorbent surface such as wood necessary.

    (3) The design, construction and use of the utensils and equipment referred to in subregulation (1) of this regulation shall be such as to prevent contamination of food by lubricants, fuel, metal fragment, contaminated water or any other contaminants.

    (4) The equipment in food premises shall be installed and maintained in such manner as to facilitate the cleaning of such equipment and the adjoining area.

10.    Sanitary facilities and controls

    (1) No person shall use any premises as a food premises unless:

    (a)    adequate sanitary conveniences are provided for use by employees and every premises where food is prepared and served are provided with adequate separate sanitary accommodation for public use;

    (b)    the water supply to the premises is derived from an adequate source, sufficient for the intended operation and potable;

    (c)    both hot and cold running water be provided at all areas where the processing of food, the cleaning of equipment, utensils and containers are carried out;

    (d)    the drainage of effluent is made through an adequate sewerage system or disposed of through other adequate and approved means;

    (e)    the plumbing is of adequate size and design and so installed and maintained as to–

        (i)    carry sufficient quantities of water to all areas where the water is required;

        (ii)    properly convey sewage and liquid disposal waste;

        (iii)    provide adequate floor drainage in all areas where the floors are subject to flooding-type cleaning or where normal operation, release of discharge water or other liquid waste on the floor; or

    (f)    refuse and offal is conveyed and disposed of as to minimise noxious odour, prevent waste which attract or harbour or provide a breeding place for vermin and prevent the contamination of food, food contact surfaces, grounds surfaces and water supplies.

    (2) The sanitary conveniences provided under the Regulations shall conform to the following conditions–

    (a)    separate conveniences shall be provided for members of each sex; and each shall be maintained in a sanitary condition and kept in conditions of good repair at all times;

    (b)    toilets shall be furnished with sufficient toilet tissue, clean towels and soap;

    (c)    doors to toilet rooms shall be of a shape which affords privacy to the users not to open directly into areas where food is exposed to airborne contaminants except where alternate approved means have been devised to prevent contamination of such food; and

    (d)    signs shall be posted in appropriate places directing employees to wash their hands with soap after using the toilet.

    (3) Adequate and convenient facilities for handwashing and where applicable hand-sanitizing shall be provided at each place where good hygiene practices require employees to wash or sanitize and dry their hands, and each facility shall have running water at a suitable temperature for effective handwashing and sanitizing preparation and shall include nail brushes, hygienic towel service or suitable drying devices and where appropriate, cleanable waste receptacles.

11.    General maintenance of the premises

    Notwithstanding any other provisions of these Regulations, every person who owns, operates or is in charge of a food premises shall ensure that–

    (a)    the buildings, fixtures and other facilities of the food premises are kept in a state of good repair and maintained in a hygienic condition;

    (b)    cleaning operations are conducted in such a manner as to minimise the danger of contamination of food and food contact surfaces;

    (c)    supplies used in cleaning and sanitizing procedures are free from microbiological contamination and are safe and effective for their intended use;

    (d)    only such toxic materials as are required to maintain sanitary conditions, or for use in laboratory testing procedures, or premises and equipment maintenance or in the preparation of food, are used or are stored in the food premises;

    (e)    no animals or birds, other than those essential as raw materials, are allowed in the food premises;

    (f)    effective measures are taken to expunge pests from food areas and to protect against contamination of food in or on the premises by animals and vermin; and

    (g)    the use of pesticides is done under such precautions and restrictions as to prevent the contamination of food or packaging materials;

    (h)    food premises shall not be used as a sleeping place.

12.    Cleanliness of utensils and equipment

    (1) Every person who owns, operates or is in charge of a food premises shall ensure that–

    (a)    all utensils and food contact surfaces of equipment are cleaned as frequently as necessary to prevent contamination of food products;

    (b)    all single service articles are stored in appropriate containers and handed, dispensed, used and disposed of in a manner that prevents contamination of food or food contact surfaces;

    (c)    all utensils and the equipment used in the food plant are cleaned and sanitized prior to use to prevent the contamination of food products by microbiological organisms, except that where such utensils and equipment are used in a continuous operation to contact surfaces of the utensils and equipment shall be cleaned and sanitized on a predetermined schedule using adequate methods; and

    (d)    sanitizing agents used in the food premises are effective and safe.

    (2) Any procedure, machine or device may be used for cleaning and sanitizing equipment or utensils if it is established, to the satisfaction of the authorised officer, that such procedure, machine or device shall provide adequately sanitizing treatment.

    (3) Cleaned and sanitized equipment and utensils with food contact surfaces shall be stored in such areas and manner that the food contact surfaces are protected from splash, dust and other contaminants.

13.    Processing and control of operation

    Every person who owns, operates or is in charge of food premises shall comply with the following requirement as regards the overall control of the operations carried on therein, that is to say–

    (a)    all operations in the receiving, inspecting, handling, segregating, preparing, processing, storing and transportation of food is conducted in a hygienic manner;

    (b)    overall sanitation of the food premises is done under the supervision of a person or persons specially assigned to supervise the sanitizing processes in the food premises;

    (c)    reasonable precautions, as set out in Part A of the Second Schedule to these Regulations, are taken to ensure that production procedures shall not contribute to the contamination of food, by filth, harmful chemicals, undesirable micro-organisms or any other contaminants;

    (d)    each container shall be embossed or otherwise permanently marked in code or in clear lettering to identify the producing factory and the lot;

    (e)    specific products, as may be specified by the Ministry shall bear prominently a date marking showing the last day, month and year (for instance, 1st May, 1980 or 1.5.80) the product may be sold;

    (f)    packaging processes and materials are such as not to transmit contamination to the products and provide adequate protection from contamination.

14.    Health measures to be taken in food premises

    Every person who owns, operates or is in charge of food premises shall take all reasonable measures and precautions to ensure that–

    (a)    no person suffering from any disease in a communicable form or having boils, sores, injected wounds, works in food premises in any capacity where there is a reasonable possibility of food ingredients becoming contaminated by such person or the disease being transmitted to the other employees;

    (b)    thorough medical examination is carried out by an authorised medical officer or all employees prior to their employment and at regular intervals of not more than six months and the dates and results of the health examinations are kept at the food premises;

    (c)    all persons while working in direct contact with food, food ingredients or food contact surfaces comply with requirements as to general cleanliness set out in Part B of the Second Schedule to these Regulations;

    (d)    the personnel responsible for identifying sanitation failures or food contamination are properly trained to provide a level of competency necessary for the production of clean and safe food, and in the case of food handlers and supervisors, proper techniques and food protection principles to make them cognisant of the danger of poor personal hygiene and insanitary practices; and

    (e)    proper supervision is provided so that responsibility for ensuring the compliance by all employees with the requirements of those Regulations (copies of which shall be prominently displayed in all appropriate places in the food premises) is assigned to competent supervisory personnel.

15.    Notice to clean, reconstruct or repair food premises

    (1) Where any food premises, by means of its situation, construction or disrepair is in such a condition that any food in the premises may be exposed to contamination or deteriorate or become dirty, an authorised officer may serve a notice in writing on the person who owns or operates the food premises requiring him–

    (a)    to clean, reconstruct or repair the premises in the specified manner and period; or

    (b)    not to use the premises until the conditions stated in the notice have been fulfilled to his satisfaction.

    (2) Any person on whom a notice is served under subregulation (1) of this regulation, may, within fourteen days from the date he receives the notice appeal to the Commission which shall make such order as it thinks fit and whose decision shall be final.

    (3) A notice served under this regulation shall remain effective until such a time as the person on whom it is served receives a copy of the Commission's decision and complies with any direction which may be given by the Commission.

    (4) It shall be sufficient compliance with a notice served under this regulation if the person on whom such notice is served ceases to use the premises as food premises.

16.    Penalty

    (1) Any person who commits an offence under these Regulations is liable in the case of first offence, to a fine not less than one hundred thousand shillings, and in the case of a second offence, to a fine not less than three hundred thousand shillings, and in the case of a subsequent offence, to a fine not less than five hundred thousand shillings.

    (2) Where the court is of the opinion, in the case of a second or subsequent offence, that the offence was committed through the personal act default or culpable negligence of the accused person, it may, in lieu of or in addition to any fine, impose a sentence of imprisonment for a term not exceeding twelve months.

FIRST SCHEDULE
FORMS

FORM "A"
APPLICATION FOR REGISTRATION OF FOOD PREMISES

UNITED REPUBLIC OF TANZANIA

Section 14 of the Food (Control of Quality) Act (Cap. 344)

FORM "B"
APPLICATION FOR A LICENCE

UNITED REPUBLIC OF TANZANIA

Section 8 of the Food (Control of Quality) Act (Cap. 344)

PART I
PARTICULARS OF APPLICANT AND BUSINESS

PART II
COMPOSITION AND QUALITY SPECIFICATION

    I/We wish to manufacture sell, store or advertise the following food items whose composition etc. are as shown below:

PART III
PREMISES REGISTRATION REPORT TO THE COMMISSION

SECOND SCHEDULE

(Reg. 14(c) and 15(c))

PART A

    The following precautions shall be taken to ensure that production procedures do not contribute to contamination of food–

    (1)    Raw material and ingredients shall be cleaned, inspected and segregated to ensure that they are clean, wholesome and fit for processing into food;

    (2)    Water use for cleaning of food products shall be of potable quality;

    (3)    Containers and carriers of raw ingredients shall be inspected at the time such ingredients are delivered to the food premises;

    (4)    When ice is used with food products, it shall be made from potable water, and shall be prepared, handled, stored and conveyed in such manner as to protect it from contamination;

    (5)    Food processing areas and equipment used in processing food shall not be used to process animal food or inedible products unless there is no reasonable possibility of contaminating the human food;

    (6)    Chemical, microbiological or extraneous material testing products shall be utilised where necessary to identify sanitation failures or food contamination and all food and ingredients that have become contaminated shall be rejected or adequately treated or processed to eliminate the contamination where this may be properly accomplished;

    (7)    Storage and transportation of food shall be under such conditions as shall prevent contamination, including development of pathogenic or toxigenic micro-organisms or both.

PART B

    The following requirements shall be complied with as regards the cleanliness of all persons working in direct contact with food:

    (1)    They shall wear clean outer garments and conform to hygienic practices while on duty;

    (2)    They shall wash their hands thoroughly, remove all jewellery, and take any other necessary precautions to prevent contamination of food with micro-organisms or foreign substances;

    (3)    Refrain from smoking, snuffing, chewing or using tobacco in areas where food is prepared, stored or handled;

    (4)    If gloves are used in food handling they shall be maintained in a clean, intact and sanitary condition;

    (5)    As it is necessary for the work the employees is engaged he shall wear effective head-dress, such as hair net, head band or cap; and

    (6)    All employees shall refrain from storing their clothing or any other personal belonging or from eating food or drinking beverages, in areas where food is or food ingredients are exposed or areas used for washing equipment or utensils.

THIRD SCHEDULE

[Omitted: Revoked by G.N. No. 394 of 1986.]

THE FOOD (CONTROL OF QUALITY) (FEES AND CHARGES) REGULATIONS

(Section 63(2)(f))

[15th August, 1986]

G.Ns. Nos.
394 of 1986
336 of 1991
234 of 1994

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Fees and Charges) Regulations.

2.    Application

    These Regulations shall apply in all areas to which the Food (Control of Quality) Act *, apply and shall have retrospective effect as shown in the First and Second Schedules to these Regulations.

3.    Interpretation

    Unless the context otherwise requires–

    "Act" means the Food (Control of Quality) Act *;

    "fees" includes any charge made or levied in connection with matters arising out of implementation of the Act;

    "food dealer" includes a food seller, food manufacturer, and any other dealer in any food business to which the Act applies;

    "food premises" where used in these Regulations means any premises used by a food dealer to conduct a food business;

    "registration certificate" includes a registration permit issued by or on behalf of the Commission in respect of any registered food premises, food manufacturer or food dealer and shall be in the form prescribed by the Commission.

4.    Fees to be paid by

    (1) The fees shown in the First and Second Schedules to these Regulations shall be paid by a food dealer in connection with the following matters–

    (a)    application for registration of food premises;

    (b)    application for registration of food and food importer;

    (c)    registration certificate or permit; and duplicate certificate;

    (d)    application for licence;

    (e)    licence and duplicate licence;

    (f)    analysis of food sample.

    (2) The fees for the analysis of food sample shall depend on the type of analysis required by a food dealer but in any one sample analysis shall not exceed one thousand shillings.

    (3) Notwithstanding the provisions of subregulation (2) of these Regulations regarding the amount of fees to be charged for the analysis of food sample the Commission may prescribe a scale of fees to be charged in respect of analysis of any food sample not exceeding one thousand shillings.

    (4) Application fees payable under the provision of subregulation (1) of this regulation are not refundable.

5.    Duty to collect fees

    (1) The Registrar shall collect fees paid under these regulations.

    (2) Notwithstanding the provision of subregulation (1) of this regulation the Commission shall, in consultation with the Treasury, devise a safe and good method of fees collection and may delegate the duty of fees collection to any local authority in whose area the business in respect of which the fees is paid operates.

    (3) Fees paid under these Regulations shall remain the property of the Government and shall be appropriated as the Government may direct:

    Provided that if the Commission attains the status of a self-supporting institution the fees paid under these Regulations shall become the property of the Commission and shall be appropriated as the Commission may direct.

6.    Procedure of making application

    The procedure to be followed in respect of making application for registration of premises or for registration of food and food importers or for the grant of a licence is as prescribed in the Third Schedule to these Regulations.

7.    Revocation of Third Schedule

    [Revokes the Third Schedule to the Food (Control of Quality) (Food Hygiene) Regulations. ]

FIRST SCHEDULE
FEES

(Regulations 2 and 4(1))

    The payment of the fees prescribed in this Schedule is effective from the first day of July, 1994.

SECOND SCHEDULE
FEES

(Regulations 2 and 4(1))

    The payment of the fees in this Schedule is effective from first day of July, 1994.

THE FOOD (CONTROL OF QUALITY) (FOOD LABELLING) REGULATIONS

(Section 33(1)(b))

[1st August, 1990]

G.Ns. Nos.
228 of 1989
349 of 1990
369 of 1998

1.    Short title

    These Regulations may be cited as the Food (Control of Quality) (Food Labelling) Regulations.

2.    Application and scope

    These Regulations shall apply to all areas in which the Act applies and shall affect all types of foods whether locally manufactured or imported in the country.

3.    Interpretation

    In these Regulations unless the context otherwise requires–

    "close proximity" means immediately adjacent to the common name without any intervening printed, written or graphic matter;

    "Commission" means the National Food Control Commission;

    "common name" means any name in Kiswahili or English by which any food is generally known;

    "ingredient" means any substance like food addictive used in the manufacture or preparation of food;

    "label" means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, endorsed or impressed on or attached to a container of any food;

    "Minister" means the Minister responsible for health matters;

    "parts per million" means parts per million by weight and may be symbolised as ppm; and

    "per centum" means per centum by weight unless otherwise stated and may be symbolised as %.

4.    Sale of unlabelled food prohibited

    No person shall sell a manufactured, processed, prepacked or repacked food unless a label has been affixed or applied to that food.

5.    Declarations to be included on food labels

    The label applied to a food shall carry–

    (a)    on the main panel–

        (i)    the brand or trade name of that food;

        (ii)    the common name of the food;

        (iii)    in close proximity to the common name a correct declaration of the net contents in terms of weight, volume or number in accordance with the usual practices, in describing the food;

        (iv)    in the case of imitated or substituted food items, explicitly written immediately adjacent and before the common name, words "imitated" or "substituted"; and

        (v)    date of manufacture and the expiry date or end of shelf life;

    (b)    grouped together on any panel–

        (i)    a declaration of permitted food colour added to the food;

        (ii)    a declaration by name of any preservative used in the food;

        (iii)    a declaration of any artificial or imitation flavouring preparation added to the food;

        (iv)    in the case of a food consisting of more than one ingredient, a complete list of their acceptable names in descending order of their proportions unless the quantity of each ingredient is stated in terms of percentages or proportionate compositions; and

        (v)    any other statement required under the provisions of these Regulations to be declared on the label;

    (c)    on any panel and of adequate size explicitly written, a declaration for addition or abstraction of any food constituent; and

    (d)    on any panel the name and address of the manufacturer, packer, processor or distributor of the food.

6.    Information on the label

    Any statement, information, or declaration that is required by any regulation made under these Regulations to appear on the label of any food shall be in Swahili or English.

7.    Information to be prominently displayed and readily discernible

    Any information appearing on a label of any food substance shall be–

    (a)    clearly and prominently displayed on the label;

    (b)    readily discernible to the purchaser or consumer under the customary conditions of purchase and use; and

    (c)    distinctly and legibly printed to state whether or not there has been addition or abstraction of any substance to this food or the food has been repacked.

8.    Labelling information not to appear at the bottom of a container

    Notwithstanding the provisions of Regulation 4 of these Regulations, the information required to appear on the label shall not be placed at the bottom of any food container.

9.    Misleading grade and pictorial information prohibited

    Grade designation and pictorial information on the label shall be relevant to the food substance, readily understood and not misleading, deceptive or falsely describing a food.

10.    Label declaration for irradiated foods

    Any food which has been treated with ionising radiation shall be so designated on the label.

11.    Components of food ingredients

    Where an ingredient of a food has more than one component, the name of all the components shall be included in the list of ingredients.

12.    Country of origin of food

    (1) Any imported food shall bear a label on its container declaring the country of origin of the imported food.

    (2) Where a food undergoes processing in a second country and the processing changes its nature, the country in which the processing was done shall, for the purpose of subregulation (1) of this regulation be considered to be the country of origin.

13.    Restriction on reference to the Act on the label or advertisement

    No direct or indirect references to the Act or to these Regulations or to the Commission shall be made on any label of, or in any advertisement for, food.

14.    Label declaration of artificial sweetener

    A food containing saccharin or its salts shall carry on the label a statement to the effect that it contains a non-nutritive artificial sweetener by naming the synthetic sweetener.

15.    Penalty

    Any person who–

    (a)    contravenes or fails to comply with these Regulations; or

    (b)    directly or indirectly aids another person in committing an offence under these Regulations,

commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both that fine and imprisonment.

THE FOOD (CONTROL OF QUALITY) (TREATMENT AND DISPOSAL OF UNFIT FOOD) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Application and scope.

    3.    Interpretation.

    4.    Voluntary surrender.

    5.    Re-conditioning of food.

    6.    Seizure of food.

    7.    Procedure for disposal.

SCHEDULE

THE FOOD (CONTROL OF QUALITY) (TREATMENT AND DISPOSAL OF UNFIT FOOD) REGULATIONS

(Section 33(2)(g))

[25th March, 1994]

G.N. No. 82 of 1994

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Treatment and Disposal of Unfit Food) Regulations.

2.    Application and scope

    These Regulations shall apply to all areas in which the Act applies and shall effect all types of foods whether locally manufactured or imported, which are unfit for human consumption, or suspected of being unfit for human consumption, or any food which is condemned by a Magistrate under section 22 of the Act, or which is, in any other way, found by an authorised officer to be manufactured, or imported, or distributed, sold or offered or exposed for sale, contrary to any of the provisions of this Act and Regulations made thereunder.

3.    Interpretation

    In these Regulations, unless the otherwise requires–

    "documentary food sample" means a sample obtained by copying the documents covering the sale of food in question without collecting an actual food sample where such a food sample would be too heavy, too expensive or too bulky or one not possible of collection;

    "food unfit for human consumption" means any food which is, in any way unfit, for human consumption on whatever cause, or food which is likely to cause health hazards;

    "formal or official food sample" means a food sample collected and divided in accordance with section 41 of the Act;

    "informal or unofficial food sample" means a food sample collected for the purpose of obtaining information and need not necessarily be analysed;

    "post-seizure food sample" means a sample collected on order of a court in respect of food under seizure;

    "sampling form" means a form for the collection of a sample as set out in the First Schedule to these Regulations;

    "seizure certificate" means a certificate set out in the Schedule issued by an authorised officer in respect of seized food which is unfit for human consumption;

    "voluntary condemnation certificate" means a certificate issued by an authorised officer in respect of food which is voluntarily surrendered as being unfit for human consumption;

    "voluntary surrender" means the wilful act of handing over to an authorised officer food which is unfit or suspected of being unfit for human consumption.

4.    Voluntary surrender

    (1) A food owner or his agent may, on being satisfied that his food is unfit for sale for human consumption, voluntarily surrender it to an authorised officer for condemnation.

    (2) The authorised officer shall prepare for the owner or his agent a voluntary surrender or condemnation certificate in respect of that food if he is so satisfied that the food is unfit for sale for human consumption and the food shall be destroyed or disposed of in a similar manner as condemned by order of a magistrate.

5.    Re-conditioning of food

    (1) Any food which is violative of the Act or Regulations made thereunder may, at the discretions of an authorised officer and with the agreement of the owner of the food or his agent, be re-conditioned in order to make it fit for human consumption, or for removal of any mis-representation, or for diverting it from sale for human consumption to any other use such as for sale for animal food, as the case may be.

    (2) An authorised officer who decides to re-condition violative food shall be responsible for seeing that the process he has chosen is complete and effective and shall also get a representative sample when necessary to check the acceptability of the final product and account for the entire lot to guard against manipulation of the lot or part of it by the owner or his agent.

6.    Seizure of food

    (1) Where an authorised officer seizes food which is unfit for human consumption he may–

    (a)    mark it and remove the same from where he found it and inform the owner or his agent, of his intention to have it dealt with by a magistrate; or

    (b)    mark it in accordance with subsections (2)(a) and (4) of section 37 of the Act and leave it under the care of the owner or his agent and in either case an authorised officer who seizes such food shall issue an appropriate seizure certificate in respect of that food.

7.    Procedure for disposal

    (1) An authorised officer who seizes food which is unfit for sale for human consumption in accordance with the Act shall–

    (a)    inform the person owning the food, or his agent, of the exact reasons of unfitness of such food;

    (b)    where the unfitness is such that the food can not be re-conditioned to make it fit for sale for human consumption, the authorised officer shall further inform the owner of the food, or his agent, of the form of disposal he intends to use in destroying or disposing of the food;

    (c)    the owner of the food so seized, or his agent, may agree or disagree with the views of an authorised officer in respect of the unfitness of his food so seized and where such owner, or his agent, agrees with the views of an authorised officer, the authorised officer shall ask the owner or his agent to signify his agreement to that effect by signing a voluntary surrender or condemnation certificate in respect of that food, as the case may be;

    (d)    where the views of an authorised officer are rejected by the owner of seized food, or by his agent, the authorised officer shall take the food to a magistrate whose decision on the condition of the food shall be binding on both parties.

    (2) If a magistrate confirms the views of an authorised officer in respect of food taken before him it shall be the duty of the authorised officer to–

    (a)    dispose off the food in accordance with the decision of a magistrate and see to it that the method of disposal used completely removes the food from the channels of commerce of all kinds by rendering it completely impossible of being eaten by a sane person; and

    (b)    prepare a compulsory condemnation certificate in respect of that food and give it to the owner or his agent.

SCHEDULE

SAMPLING NOTIFICATION AND RECEIPT

(NATIONAL FOOD CONTROL COMMISSION)

UNITED REPUBLIC OF TANZANIA

CERTIFICATE OF VOLUNTARY SURRENDER OF FOODSTUFFS

NATIONAL FOOD CONTROL COMMISSION

PART 'A'

PART 'B'

PART 'C'

SEIZURE CERTIFICATE A

SEIZURE CERTIFICATE B

CERTIFICATE OF COMPULSORY CONDEMNATION OF FOODSTUFF

NATIONAL FOOD CONTROL COMMISSION

PART 'A'

PART 'B'

PART 'C'

PART 'D'

THE FOOD (CONTROL OF QUALITY) (IODATED SALT) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulations

Title

    1.    Citation.

    2.    Interpretation.

    3.    Prohibition of import of salt.

    4.    Prohibition on manufacture, store or sale of salt.

    5.    Condition for packing iodated salt.

    6.    Conditions for dealers in iodated salt.

    7.    Inspection.

    8.    Purchaser may have iodated salt analysed.

    9.    Cognizance and trial of offences.

    10.    Penalties.

THE FOOD (CONTROL OF QUALITY) (IODATED SALT) REGULATIONS

(Section 16(1) and (2))

[25th March, 1994]

G.N. No. 83 of 1994

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Iodated Salt) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "dealer" in relation to iodated salt in package form, means a person who carries on, directly or otherwise, the business of buying, selling, supplying or distributing iodated salt whether in wholesale or retail, but does not include a manufacturer who manufactures iodated salt which is sold or distributed in a package form except where iodated salt is sold by such manufacturer to any other person other than a dealer;

    "iodated salt" means a crystalline solid, white or pale pink or light grey in colour, free from visible contamination with dust, dirt, clay, grit or any other extraneous adulterants or impurities and containing moisture not exceeding 6.0 percent of the weight of the undried sample and containing on dry weight basis–

    (i)    at least 97.0 percent by weight of sodium chloride;

    (ii)    not more than 1.0 percent by weight of matter insoluble in water;

    (iii)    not more than 2.0 percent by weight of matter soluble in water other than sodium chloride; and

    (iv)    the level of iodine shall be 100 parts per million at the same time of manufacture and not less than 30 parts per million at the time of its retail sale;

    "Minister" means the Minister for the time being responsible for health;

    "package" means a box, bottle, casket, tin, barrel, container, case, receptacle, sack, jute bag with an internal polythene lining, or a polythene bag in which iodated salt is placed or packed;

    "packer" means a person who packs iodated salt in a package, in quantities suitable for sale whether wholesale or retail;

    "principal display panel" in relation to a package, means that prominent part of a package which is intended; or is likely to be displayed, presented or shown to or examined by the customer under normal or customary conditions of display;

    "salt laboratory" means a room or building equipped for testing of iodated salt.

3.    Prohibition of import of salt

    No person shall import into the United Republic any edible salt in any other form other than iodated salt.

4.    Prohibition on manufacture, store or sale of salt

    No person shall on his own or cause any other person on his behalf to manufacture for sale or distribution, store or display salt other than iodated salt.

5.    Condition for packing iodated salt

    No person shall pack, cause or permit to be packed iodated salt for sale, distribution, or delivery unless the package in which the iodated salt is packed bears within the principal display panel, the area of which shall not be less than forty percent of the total surface area of the package, legible and unambiguos declaration as to–

    (a)    The complete name and address of the–

        (i)    manufacturer, if the manufacturer is also the packer; or

        (ii)    packer, if the packer is not the manufacturer;

    (b)    the net weight of the iodated salt contained in the package, excluding the weight of the package;

    (c)    the month and year in which the iodated salt is manufactured and packed;

    (d)    the batch and lot number of the package; and

    (e)    the fact that the salt in the package is iodated.

6.    Conditions for dealers in iodated salt

    No dealer or any other person shall–

    (a)    store, display, sell or distribute iodated salt in the package form unless the package complies in all respects with the provisions of regulation 5;

    (b)    sell or distribute iodated salt contained in a package which has been damaged, unless the dealer obtains the approval of the authorised officer; or

    (c)    obliterate or alter any declaration made on any package.

7.    Inspection

    Any authorised officer may inspect any factory or any commercial concern, shop, store, any premises or vessel where edible salt is manufactured, packed or stored, or as the case may be, and may send the sample of that salt to any salt laboratory for analysis.

8.    Purchaser may have iodated salt analysed

    Nothing contained in these Regulations shall be held to prevent a purchaser of iodated salt, other than an authorised officer from having it analysed in a salt laboratory on payment of such fees as may be prescribed and from receiving from the analyst a report of his analysis.

9.    Cognizance and trial of offences

    (1) No prosecution for an offence under these Regulations other than the offence under regulation 8, shall be instituted except by a person authorised in this behalf.

    (2) A purchaser may institute a prosecution for an offence, if he produces in court a copy of the report of the analyst along with a complaint.

10.    Penalties

    If any person contravenes the provisions of these Regulations he shall be punishable with imprisonment for a term not exceeding three years or to a fine not less than five hundred shillings or to both such fine and imprisonment.

THE FOOD (CONTROL OF QUALITY) (TRANSPORT OF MEAT) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Interpretation.

    3.    Restrictions on transportation of meat.

    4.    Application for licence.

    5.    Power to inspect carrier or container.

    6.    Holder of licence to comply with specifications.

    7.    Meat movement permit to accompany meat.

    8.    Enforcement of hygienic standards.

    9.    Penalty.

SCHEDULE

THE FOOD (CONTROL OF QUALITY) (TRANSPORT OF MEAT) REGULATIONS

(Section 33)

[25th March, 1994]

G.Ns. Nos,
84 of 1994
369 of 1998

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Transport of Meat) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "carrier" means any vehicle, aircraft, ship, boat, canoe, cart, bicycle, train or any motorized or hand driven transport system in or on which meat may be carried by or on behalf of the holder of a licence to any place whether for sale or otherwise;

    "container" means any box, detachable compartment or container, receptacle or any other arrangement in which meat may be carried by or on behalf of the holder of a licence, to any place whether for sale or otherwise;

    "licence" means a valid licence issued under regulation 4;

    "meat" means the edible part of a slaughtered animal or poultry that has been inspected by a meat Inspector and found fit for human consumption;

    "meat Inspector" means a properly trained officer appointed by the Minister for the purpose of meat inspection and control of hygiene;

    "potable water" means water fit for human consumption, the standard of which should not be lower than those contained in the latest edition of the "International Standards for Drinking Water", by the World Health Organization;

    "poultry" means any bird that is commonly used as food;

    "protective clothing" means special garments intended to prevent the contamination of meat and used as outer wear by persons in an abattoir, and includes head and footwear.

3.    Restriction on transportation of meat

    No person shall transport, or cause any meat to be transported unless such person holds a licence to transport meat.

4.    Application for licence

    (1) An application for a licence to transport meat shall be made in the Form prescribed in Part I of the First Schedule of these Regulations after paying the prescribed application and inspection fee.

    (2) On receipt of an application for a licence, the authorised officer shall inspect the carrier or container to ascertain if it complies with the requirements of Parts IV, V and VI of the First Schedule, and upon payment of such fees issue a licence in the Form prescribed in the First Schedule.

    (3) A licence shall remain valid for one year from 1st May of every year and shall expire on 30th April of the following year.

5.    Power to inspect carrier or container

    Any carrier or container may be inspected by an authorised officer whenever he deems it necessary to do so.

6.    Holder of licence to comply with specifications

    Any holder of a licence who uses a carrier or container which does not comply with the standard specifications as set out in Part V of the First Schedule of these Regulations shall be guilty of an offence.

7.    Meat movement permit to accompany meat

    Any meat consignment intended for transportation shall be accompanied by a meat movement permit in the form prescribed in Part III of the First Schedule, which shall be signed by the meat Inspector in charge of the abattoir from which the meat originates, and shall be embossed with a meat inspection stamp.

8.    Enforcement of hygienic standards

    (1) Any person who uses, permits or causes to be used a carrier or container, which does not conform in all respects to the hygienic standards prescribed in the First Schedule shall be guilty of an offence.

    (2) Notwithstanding the provisions of regulation 8(1) an authorised officer may withdraw a licence or take legal action or any other action he deems fit against any holder of a licence who uses a carrier or container which does not comply with the standard specifications made under these Regulations.

9.    Penalty

    Any person who contravenes any of these Regulations, or who fails to comply with any notice, regulation or prohibition issued under these Regulations, may have his licence withdrawn by an authorised officer and upon conviction shall be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

FIRST SCHEDULE

UNITED REPUBLIC OF TANZANIA

PART I
APPLICATION FOR LICENCE TO TRANSPORT MEAT

NATIONAL FOOD CONTROL COMMISSION

(Regulation 4(1))

PART II
MEAT TRANSPORT LICENCE

UNITED REPUBLIC OF TANZANIA

(Regulation 4(2))

PART III
MEAT MOVEMENT PERMIT

UNITED REPUBLIC OF TANZANIA

(Regulation 7 and 8)

PART IV
STANDARDS OF HYGIENE IN THE TRANSPORT OF MEAT

(Regulation 8)

PART V
GENERAL REQUIREMENTS OF CONSTRUCTION OF CONTAINER

(Regulation 6)

PART VI
SPECIFIC REQUIREMENTS FOR TRANSPORT OF MEAT

(Regulation 4(2))

PART VII
LICENCE AND INSPECTION FEES FOR MEAT CARRIERS

(Regulation 4(I)

THE FOOD (CONTROL OF QUALITY) (POULTRY SLAUGHTERHOUSES, SLAUGHTERING AND INSPECTION OF POULTRY MEAT) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Interpretation.

    3.    Construction and facilities of an abattoir.

    4.    Hours of slaughter.

    5.    Fees.

    6.    Records.

    7.    Inspection and slaughter.

    8.    Restriction on animals and birds and admission of carcasses to abattoirs.

    9.    Restriction on entry of persons into abattoirs.

    10.    Restriction on hygienic conduct.

    11.    Separation of equipment and utensils.

    12.    Handling of poultry meat and giblets.

    13.    Use of abattoirs.

    14.    Whole carcass to be inspected.

    15.    Evidence of disease.

    16.    Restriction on removal of carcass or part thereof from abattoir.

    17.    Detention and seizure.

    18.    Separation and disposal.

    19.    Branding of carcasses.

    20.    Injured or moribund poultry.

    21.    Penalty.

SCHEDULES

THE FOOD (CONTROL OF QUALITY) (POULTRY SLAUGHTERHOUSES, SLAUGHTERING AND INSPECTION OF POULTRY MEAT) REGULATIONS

(Section 31)

[25th March, 1994]

G.Ns. Nos.
85 of 1994
369 of 1998

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Poultry Slaughterhouses, Slaughtering and Inspection of Poultry Meat) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "abattoir" means premises approved and registered by the Commission to be used for the slaughter of poultry for human consumption and shall include export slaughterhouses;

    "Act" means the Food (Control of Quality) Act *;

    "carcass" means the body of any slaughtered poultry after bleeding and dressing;

    "dressing" means the removal of feathers after slaughter, bleeding and removal of viscera;

    "giblets" includes the properly trimmed and washed liver from which the gall bladder has been removed, the heart with or without the pericardial sac, the gizzard from which the lining and the contents have been removed and any other part of the carcass considered to be edible by the consuming community;

    "meat Inspector" means a properly trained officer appointed by the Minister for the purpose of meat inspection and control of hygiene;

    "Minister" means the Minister for the time being responsible for health;

    "occupier" shall include the owner, manager or person in charge of an abattoir;

    "poultry" means any bird that is commonly used as food;

    "poultry meat" means clean dressed flesh of poultry exclusive of giblets and eviscerated poultry, that has been inspected by a meat Inspector and found fit for human consumption.

3.    Construction and facilities of an abattoir

    (1) No premises shall be used as an abattoir unless they have been approved and constructed in accordance with plans previously approved in writing by the Commission.

    (2) The occupier of any abattoir shall be required by the Commission to provide all or any of the requirements contained in the First Schedule of these Regulations.

4.    Hours of slaughter

    The occupier or owner of an abattoir shall fix the hours during which slaughtering may take place therein and shall post a notice of such hours on some conspicuous part of the abattoir.

5.    Fees

    The fees set out in the Second Schedule shall be payable by the owner of poultry in respect of the service or inspection carried out by or on behalf of the Government.

6.    Records

    (1) Every occupier of an abattoir shall keep or cause to be kept records of all poultry slaughtered and of all carcasses and giblets inspected, seized and detained at the abattoir in accordance to the provisions of the Third Schedule.

    (2) Every occupier of an abattoir shall within ten days from the last day of the month deliver to the Commission a monthly return.

7.    Inspection and slaughter

    (1) All poultry intended for human consumption shall be inspected both at the ante mortem and post mortem as provided in Part I of the Fourth Schedule of these Regulations.

    (2) No poultry shall, except with the consent of the meat Inspector be slaughtered anywhere other than in an abattoir.

    (3) Notwithstanding the provisions of regulation 7(2), poultry may be slaughtered elsewhere other than in an abattoir in the case of illness, accident or other emergency of such nature as to render that course necessary.

    (4) Duties of a meat Inspector shall be as provided for in Part II of the Fourth Schedule.

8.    Restriction on animals and birds and admission of carcasses to abattoirs

    (1)(a) No bird other than a bird so defined in regulation 2 shall be permitted for slaughter within any part of an abattoir.

    (b) No animal whatsoever shall be permitted within any part of an abattoir.

    (c) Every abattoir shall be adequately provided with walls, doors, windows and fences to prevent the ingress of any bird or animal.

    (2) No carcass or poultry nor any part thereof shall be admitted to any part of a public abattoir unless–

    (a)    it is accompanied by the certificate of a meat Inspector that it has been inspected in accordance with the provisions of these Regulations and passed as fit for human consumption; or

    (b)    it is accompanied by the certificate of a Veterinary Surgeon that the poultry has not died of any disease notifiable under the provisions of the Animal Diseases Act; or

    (c)    such carcass is admitted in accordance with regulation 8 of these Regulations and all the poultry that was intended for slaughter on that day shall have been slaughtered.

    (3) No carcass of poultry or any part thereof shall be admitted to any part of an export slaughterhouse which is used in the production of poultry meat unless the poultry was slaughtered–

    (a)    in an abattoir, the operation of which is governed by the provisions of the Act; or

    (b)    in an abattoir expressly approved for that purpose by the Commission.

9.    Restriction on entry of persons into abattoirs

    No person shall enter any abattoir unless he is–

    (a)    employed therein;

    (b)    an Officer of the Government or of a Local Authority acting in the course of his duty; or

    (c)    a person having legitimate business therein.

10.    Restriction on hygienic conduct

    (1) Every meat Inspector while inspecting carcasses shall wear a waterproof wrap-around apron covering the body from neck to knee, a pair of waterproof boots and a washable cap.

    (2) Every person employed in an abattoir, in the slaughter of poultry or the handling of a carcass shall wear a waterproof wrap-around apron covering the body from neck to knee, a pair of waterproof boots and a washable cap.

    (3) Every person employed in an abattoir, coldstore, carcass or poultry-meat conveying-vehicle in carrying carcasses or poultry meat shall wear a waterproof wrap-around apron covering the body from neck to knee, a washable cap and a pair of waterproof boots.

    (4) It shall be the duty of an occupier of an abattoir or employer of persons working at an abattoir, or coldstore to provide each employee with a white gown or overcoat covering the neck, hands and knee apart from the prescribed protective clothing in paragraph (1), (2) and (3) of this regulation.

    (5) All such protective clothing shall be kept as clean as is consistent with the performance of the wearers duties and it shall be the duty of employers to provide facilities for the washing of such clothing.

    (6) Knives, hooks or cloth that have been used for cutting, incising or have come into contact with any diseased organ or tissue shall not again be used for any purpose until they have been boiled in water to 85℃C for not less than fifteen minutes or disinfected in another manner approved by the meat Inspector.

    (7) Chicken, turkeys, ducks, geese, guinea fowls or pigeons shall be processed separate from one another to prevent the risk of cross-contamination.

    (8) Poultry, carcass, or giblets found unfit for human consumption shall not be kept in the same room with those fit for human consumption but shall be kept in an accurately locked separate room and disposed of regularly at least once a day.

11.    Separation of equipment and utensils

    Equipment and utensils used for inedible or condemned poultry meat, giblets or carcass shall be identified and shall not be used for edible products.

12.    Handling of poultry meat and giblets

    (1) No person engaged in the handling of poultry meat and giblets shall allow meat to come into direct contact with floor, ground or unapproved surfaces.

    (2) After preparation the poultry meat shall be immediately cooled to an internal temperature of 4℃C [39℃F] or lower.

    (3) Giblets shall be chilled to 4℃C [39℃F] or lower within two hours from the time they are removed from the poultry.

    (4) Packaging shall be done under conditions which preclude the introduction of contamination into the product including separate wrapping of giblets and separate packing rooms for the different kinds of processed poultry.

    (5) Temperature and procedures which are used for cooling, and freezing carcasses, poultry meat and giblets shall be in accordance with operating practices which ensure the prompt removal of the heat and preserve the condition and wholesomeness of the carcass and all edible portions thereof.

13.    Use of abattoirs

    (1) No part of an abattoir shall be used for any purpose other than the slaughter of poultry, or the production of poultry meat and giblets.

    (2) No occupier shall allow any part of an abattoir to be used as a sleeping or living room except in so far as quarters are specifically provided for the use of a night watchman.

    (3) No part of an abattoir shall be used for deposit of personal effects or clothing except in rooms or facilities specifically provided for that purpose.

14.    Whole carcass to be inspected

    (1) No carcass shall be inspected unless the whole carcass with all organs, is presented together for inspection.

    (2) Any carcass submitted for inspection with any organ removed shall be condemned.

15.    Evidence of disease

    No person except with the permission of a meat Inspector shall, prior to a complete inspection of any carcass, remove any part of the carcass; or obliterate any evidence of disease in the carcass or organ by washing, scrapping, trimming or otherwise treating the carcass or remove any mark or identification from the carcass, head or giblets until the meat Inspector has completed his inspection and give his decision.

16.    Restriction on removal of carcass or part thereof from abattoir

    (1) No person shall remove any carcass or part thereof from any abattoir unless such carcass or part thereof has been inspected by a meat Inspector.

    (2) Such removal made in accordance with paragraph (1) of this regulation shall have the consent of and be in accordance with the instructions of a meat Inspector.

17.    Detention and seizure

    (1) Where a meat Inspector detains a carcass or part thereof he shall mark or label such carcass or giblet in a conspicuous manner with the word "Detained".

    (2) Where a meat Inspector seizes a carcass or giblet under the powers conferred by section 23(1) of the Act he shall cut it deeply with a knife throughout its substance and mark or label it in a conspicuous manner with the word "Condemned".

18.    Separation and disposal

    (1) All detained carcasses or giblets shall be promptly removed to the detention room, or space where they shall remain pending the final judgment by the meat Inspector.

    (2) All seized carcasses or giblets or parts thereof shall be placed in special containers and removed to a place of disposal where they shall be disposed by–

    (a)    incineration;

    (b)    being buried after being rendered obnoxious; or

    (c)    being processed at the discretion of a meat Inspector to a product other than a product for human consumption.

19.    Branding of carcasses

    (1)    Carcasses, organs and giblets which as a result of ante and post mortem inspection are passed as fit for human consumption without further restriction shall be appropriately branded.

    (2)    All carcasses, parts of carcasses, organs and giblets which as a result of ante and post mortem inspection are found to be unfit for human consumption shall be held securely to the satisfaction of the meat Inspector until they are branded, stained, rendered, denatured or otherwise destroyed to exclude them from human food purposes.

20.    Injured or Moribund poultry

    Where injured or moribund poultry is admitted to or found in an abattoir, the occupier of such abattoir shall without delay notify a meat Inspector.

21.    Penalty

    Any person who contraveness any of these Regulations, or who fails to comply with any notice or prohibition under these Regulations shall be liable to a fine of not less than two hundred thousand shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

FIRST SCHEDULE

(Regulation 3)

PART I
SITE, ACCESSIBILITY AND CONSTRUCTION

1.    A slaughterhouse shall be located in an area which is reasonably free from objectionable odours, smoke and dust. Adequate dust-proof access-ways connecting the slaughterhouse with public roads shall be available. The slaughterhouse must be completely separated from any other building used for industrial, commercial, agricultural, residential or other purposes.

2.    If a retail business is carried on within the official premises of a slaughterhouse, customers shall have access only to the room or rooms where such business is conducted and shall be excluded from the rest of the slaughterhouse.

3.    The following minimum requirements shall be maintained in the construction of a slaughterhouse–

        (a)    a room for the stunning and bleeding of poultry with arrangements for bleeding the poultry in a handling position;

        (b)    a separate room for the storage, disposal and treatment of inedible and condemned birds carcasses and meat;

        (c)    material used shall be impervious, easily cleaned and resistant to wear and corrosion;

        (d)    walls shall be constructed so that they are smooth and flat and made of smooth-surface Portland cement plaster or other non-toxic, non-absorbent material applied to a suitable base, walls shall be provided with sanitary bumpers to prevent damage by movable and other equipment;

        (e)    floors shall be constructed of dense, acid-resistant, waterproof concrete and have a woodfloat finish;

        (f)    coves with sufficient radii to promote good sanitation shall be installed at the juncture of floors and walls in all rooms;

        (g)    ceilings shall be of good height and, as far as structural conditions permit, be smooth and flat and be constructed of portland cement plaster or other acceptable impervious material. If the ceiling has exposed hoists, these must be at least 60 centimetres on centre and be designed so that they are easy to keep clean;

        (h)    window-sills shall be at least 150 centimetres wide and the doors must be made of rust-resistant metal having tight soldered or welded seems. Door jambs shall be covered with rust-resistant metal;

        (i)    all windows, doorways and other openings that would admit insects shall be equipped with effective insect and rodent screens;

        (j)    the buildings shall be sufficiency rodent-proofed;

        (k)    dressed timber shall be used for all exposed interior wood work, and it shall be painted with a good non-toxic oil or plastic base paint, treated with linseed oil or with a clean wood sealer;

        (l)    all parts of floors where wet operations are conducted shall be well drained, with at least one drainage inlet provided for each 35 square metres of floor space. The inlets shall be placed under the dressing rails if necessary in conjuction with drainage valleys, not less than 7.5 centimetres wide, with a slope of the floor towards the drainage valleys or inlets of at least 2.5 centimetres per metre;

        (m)    the waste disposal system must be of adequate size and comply with general and local regulations.

4.    Drawings and specifications of alteration and construction of slaughterhouses shall be furnished to the Commission for approval in advance of application for designation of the slaughterhouse. The drawings shall be complete with specifications and consist of floor plans showing the location of features such as principal pieces of equipment, floor drains, principal drainage lines, hand-washing basins and hose connections. They shall further show roof plan elevations, cross and longitudinal sections of the various buildings showing such features as principal pieces of equipment, heights of ceilings, rails and character of floors and ceilings. There shall be further submitted a plot plan showing such features as the limits of the slaughterhouse premises, locations in outline of buildings on the premises, cardinal points of the compass and railways serving the slaughterhouse, all properly drawn in scale.

5.    Each slaughterhouse shall provide the following amenities–

        (a)    an ample supply of potable water with conveniently placed outlets;

        (b)    an ample supply of hot water at not less than 85℃C shall be furnished and used for the cleaning of equipment, floors and the like, which are subject to contamination by the dressing of diseased carcasses;

        (c)    sufficient natural and abundant artificial light at all places for proper conduct of the work.

6.    The following specific adequate sanitary facilities and accommodation shall be furnished by every slaughterhouse–

        (a)    dressing rooms, toilet rooms and urinals in sufficient numbers, ample in size and conveniently located;

        (b)    modern lavatory accommodations with hot and cold water, soap and towels or other equipment for drying hands and their use shall be supervised;

        (c)    properly located facilities for cleaning and disinfecting hands and utensils of handling carcasses and meat.

7.    Suitable and sufficient bandages, dressings, including waterproof dressings, and antiseptics shall be provided and maintained for first-aid treatment in every slaughterhouse premises, in a readily accessible position for use of persons engaged in the slaughterhouse.

PART II
FACILITIES OF AN ABATTOIR

1.    The rate of flow of water into scalding tanks shall provide a continuous replacement of water so as to protect against a build up of contamination in the scalding tanks, and such tanks shall be emptied regularly at reasonable intervals.

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2.    Machines used for plucking shall be designed to stop the scatter of feathers and all feathers shall be removed and stored in suitable containers for disposal.

3.        (a)    Wax dipped poultry shall be handled so that the set wax and the removed feathers shall fall into a suitable container.

        (b)    Feather separation sieves included in wax dipping machines shall be removed and cleaned once daily.

        (c)    All reclaimed wax shall be heated to a temperature of not less than 80º C [176ºF] for period of not less than 20 minutes and shall be skimmed, washed and filtered or passed through a centrifugal cleaning machine and afterwards stored in a clean place.

4.        (a)    Evisceration troughs shall be constructed of stainless steel or other suitable material.

        (b)    The water flow shall be in the opposite direction to where the carcasses are travelling so that the carcass arrives for cooling at the point where clean water enters the trough.

        (c)    The number and placing of the water outlets shall be constructed as to prevent the accumulation of build up material in the troughs.

5.        (a)    Storage containers for inedible material shall be leakproof, constructed of metal or other suitable impervious material which is easy to clean and covered with close-fitting lids.

        (b)    Where chutes or other continuous disposal methods are used, they shall be so constructed as to protect against contamination or offensive odour.

6.    Equipment used for chilling the carcasses and edible organs shall be constructed of stainless steel or other suitable material and shall be so operated as to protect against the build up of micro-organisms.

SECOND SCHEDULE
FEES TO BE CHARGED

(Regulation 5)

    Charges for ante mortem inspection – 15/= per poultry.

    Charges for post mortem inspection – 10/= per poultry.

    Charges for slaughter – to be fixed by local authorities/owner of an abattoir.

THIRD SCHEDULE
DETAILS OF RECORDS TO BE KEPT AT AN ABATTOIR

(Regulation 6)

1.    Number of various species and classes of poultry slaughtered.

2.    Number of various species and classes of poultry inspected.

3.    Number of entire carcasses of various species and classes condemned with all the organs and giblets and the disease for which they are condemned.

4.    Number of various species and classes of poultry condemned partially and of organs condemned, the disease for which they are condemned and the names of portions and organs condemned.

5.    Methods of disposal of condemned carcass, meat or organs i.e. whether by burning, burial, processing in digesters or melter, sterilization, sale or otherwise.

FOURTH SCHEDULE

(Regulation 7)

PART I
INSPECTION PROCEDURE

A.    Ante mortem Inspection:

1.    There shall be a separate room for storing live birds and for carrying out ante mortem inspection.

2.        (a)    The ante mortem inspection shall be carried out immediately before any slaughter; and

        (b)    sufficient light shall be provided for inspection.

3.    No poultry which has been brought to the slaughterhouse compound for purposes of slaughter shall be removed therefrom whether for slaughter or otherwise unless permission in writing has been granted by the meat Inspector.

4.    During inspection, the following details shall be noted–

        (a)    disease symptoms which may influence the general health of the bird;

        (b)    the presence of notifiable infectious disease or symptoms which may suggest that such disease has developed;

        (c)    emaciation, dirty ruffled feathers, abscesses and infected wounds, discolored and oedematous comb, diarrhoea, gaping or sneezing, discharge from eyes and/or nostrils, lameness and central nervous system disorder.

5.    Any poultry which, on ante mortem inspection is found with or suspected of any of the features enumerated in paragraph (4) of this Part, shall be marked or identified and taken aside and slaughtered after the killing of the normal poultry has been carried out.

6.    No carcass derived from a bird found to be "a suspect" by the meat Inspector during ante mortem inspection shall be passed to be fit for human consumption or as being free from organisms causing meat-borne diseases.

7.    The carcass from which samples have been taken for bacteriological examination shall be retained under lock and key until final decision is reached.

8.    Any bird showing on ante mortem inspection a disease or condition that would necessitate condemnation on post mortem inspection shall be condemned.

9.    The condemned birds shall, if not already dead, be killed in the post mortem room only and be disposed of immediately and shall not be given or exposed to any human being for consumption.

B.    Post mortem Inspection:

1.    The post mortem inspection shall be conducted at the time of evisceration.

2.    The carcass shall be opened so as to ensure sufficient exposure of the organs and body cavity for a proper examination.

3.    The liver, spleen, gizzard, proventriculus, crop and intestines shall be drawn out but in such a way that the organs are still connected to the body.

4.    The external inspection shall comprise of the dorsal, lateral and ventral surfaces of the body as well as the head, tail, wings and legs.

5.    The internal surface is inspected at the time of the inspection of the extracted organs.

6.    At the external inspection, attention shall be specially directed towards the following diseases and conditions which can determine segregation, or condemnation of the birds–

        eczematous diseases, wounds, other lesions, staining, inadequate bleeding, haemorrhages in the skin [in the subcutaneous tissue or musculature], heavy contamination, atrophy, presternal bursitis, joint and tendon sheath inflammation, abscesses and tumours.

7.    At the internal inspection, the abdominal and thoracic organs shall be examined together with the serous membranes and the air sacs, and it shall be noted whether there is an abnormal odour or a collection of blood or exudate in the body cavity.

8.    On inspection of the organs, it should be noted whether there are inflammatory or other pathological conditions.

9.    The carcass and organs shall be condemned and shall be unfit for human consumption if affected with or showing lesions of any of the following diseases or conditions–

        (i)    abscesses, multiple

        (ii)    fowl cholera

        (iii)    fowl pest [fowl plague]

        (iv)    Newcastle disease

        (v)    tuberculosis

        (vi)    fowl typhoid

        (vii)    salmonella

        (viii)    septicaemia

        (ix)    erysipelas

        (x)    pseudotuberculosis

        (xi)    listerosis

        (xii)    ornithosis/psittacosis

        (xiii)    botulism

        (xiv)    toxoplasmosis

        (xv)    coligranulimatosis

        (xvi)    infectious choryza

        (xvii)    chronic respiratory disease

        (xviii)    infectious sinusitis [in turkeys]

        (xix)    infectious bronchitis

        (xx)    infectious synovitis

        (xxi)    fowl pox

        (xxii)    emaciation

        (xxiii)    poisonings

        (xxiv)    staining [icterus, cyanosis]

        (xxv)    avian monocytosis [blue comb disease]

        (xxvi)    abnormal smell as a result of either disease, treatment or feeding

        (xxvii)    treatment with antibiotics or chemotherapeutics if slaughtered 6 days after treatment

        (xxviii)    contamination with oil, paints, etc.

        (xxix)    insufficient bleeding

        (xxx)    periocarditis - acute, septic

        (xxxi)    pleurisy - acute, diffuse septic

        (xxxii)    pigmentation - generalized

        (xxxiii)    salpingitis - acute, septic with complications

        (xxiv)    cloaca inflammation

        (xxxv)    infected bone fracture

        (xxxvi)    joint and tendon sheath inflammation in acute and chronic cases when carcass is emaciated

        (xxxvii)    osteopetrosis

        (xxxviii)    ectoparasites if the carcass is emaciated and anaemic

        (xxxix)    histomoniasis [blackhead] save where disease is in the process of healing and the carcass is in good condition

        (xl)    trichomoniasis

        (xli)    coccidiosis in acute or chronic cases with emaciation

        (xlii)    airsacomites

        (xliii)    rickets and porosis, save where the carcass is in good condition

        (xliv)    endoparasites - if the carcass is emaciated, anaemic

        (xlv)    hock disorder in turkeys - save where the carcass is in good condition

        (xlvi)    overscalding.

10.    An organ or part of a carcass shall be condemned and shall be unfit for human consumption if affected with or showing lesions of the following diseases or conditions–

        (a)    abscesses, abrasions, bruises, tumours, cysts; provided that the affected parts together with the surrounding tissues shall be removed if the lesions are localized or encapsulated and there are no signs of spread or secondary infection;

        (b)    ectoparasites, tapeworm infection, provided that the affected parts shall not be rejected when the lesions are slight and not numerous and the part has not changed in structure or appearance and that the carcass is in good condition and adequate trimming can be carried out;

        (c)    inflammation: the diseased part only shall be condemned if the area is small and localized and no signs of spreading to other organs or tissue;

        (d)    malformation: the affected parts shall be removed;

        (e)    degeneration: the affected organ shall be condemned in case of degeneration. The whole carcass shall be condemned in case of degeneration of muscles when the larger part of the leg and the chest muscles show advanced and extensive degeneration;

        (f)    pigmentation: calcification, infiltration, haemorrhages; the affected parts shall be condemned;

        (g)    arthritis: the affected part shall be condemned provided it is a fresh fracture and there are no signs of infection or generalization;

        (h)    arthritis: the affected joint shall be condemned if there are no signs of generalization;

        (i)    crop: lameness or constipation, proventiculus of gizzard constipation: the affected part shall be condemned if the carcass is in good condition and there are no complications.

PART II
DUTIES OF A MEAT INSPECTOR

1.    All regulations regarding hygiene and sanitation set forth in these schedules shall whenever applicable be observed by a meat Inspector.

2.    Every meat Inspector shall possess at least two knives, which shall be kept in a clean condition, and knives which are soiled by diseased matter shall not be used until they have been properly cleaned and disinfected.

3.    When incising diseased parts, every meat Inspector shall avoid contaminating the healthy parts of the carcass or organs and the floor and other parts of the premises.

4.    Any carcass or organ detained for further inspection or bacteriological examination shall be marked by the meat Inspector with a label stating "DETAINED".

5.    The carcass organ or part marked "DETAINED" shall remain in a detention room, where it shall remain until a first decision has been reached.

6.    The identity of every such detained carcass or organ shall be maintained until the final inspection has been completed.

7.    When a slaughtered poultry is found by the meat Inspector to be well nourished and in sound wholesome condition and free from disease or other conditions which may be injurious to the consumers of the meat, the carcass shall be passed as fit for human consumption, and shall be stamped by the meat Inspector with the official mark of approval.

8.    The official mark of approval shall consist of either an ink brand, burning brand or like device using such ink, design or size as the Commission may require. The stamps or marks shall be placed on such parts of the carcass or organs as the Commission may require.

THE FOOD (CONTROL OF QUALITY) (SLAUGHTERHOUSES, SLAUGHTERING AND INSPECTION OF MEAT) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Interpretation.

    3.    Construction and facilities of an abattoir.

    4.    Hours of slaughter.

    5.    Fees.

    6.    Records.

    7.    Inspection and slaughter.

    8.    Restriction on animals and admission of carcasses to abattoirs.

    9.    Restriction on entry of persons into abattoirs.

    10.    Protective clothing.

    11.    Clothes, knives and hooks.

    12.    Separation of equipment and utensils.

    13.    Handling of meat or meat products.

    14.    Use of abattoir.

    15.    Restriction on hygienic conduct.

    16.    Restriction on peaceful conduct.

    17.    Inspection procedure.

    18.    Detailed bacteriological examination.

    19.    Carcass to be examined complete.

    20.    Backbleeding.

    21.    Evidence of disease.

    22.    Restriction on removal of carcass or part thereof from abattoir.

    23.    Detention and seizure.

    24.    Separation and disposal.

    25.    Branding of carcass.

    26.    Anthrax.

    27.    Injured or moribund animals.

    28.    Pig carcasses and other carcasses dressed with hide on.

    29.    Restriction to attach or remove tags, token or mark from animal, meat or carcass.

    30.    Penalty.

SCHEDULES

THE FOOD (CONTROL OF QUALITY) (SLAUGHTERHOUSES, SLAUGHTERING AND INSPECTION OF MEAT) REGULATIONS

(Section 31)

[25th March, 1994]

G.Ns. Nos.
86 of 1994
369 of 1998

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Slaughterhouses, Slaughtering and Inspection of Meat) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "abattoir" means premises approved and registered by the Commission, to be used for the slaughter of animals for human consumption and shall include slaughterhouses, slaughterslabs and export slaughterhouses;

    "animal" means animal used as food and includes cattle, goats, pigs, sheep and game animals commonly used as food such as buffalo, zebra, wilde beast, antellope, hare, warthog, impala, kudu etc.;

    "authorized officer" means for the purpose of these Regulations the meat Inspector;

    "brand" means any mark or stamp approved by the Commission and includes any tag or label bearing such mark or stamp;

    "carcass" means the body of any slaughtered animal after bleeding and dressing;

    "cleaning" means the removal of objectionable matter;

    "detained" means under the control and security of the meat Inspector pending final judgement;

    "disinfection" means the application of hygienically satisfactory chemical and/or physical agents and processes to cleaned surfaces with the intention of eliminating microorganisms;

    "dressed or dressing":

    (a)    in relation to slaughtered animals except for pigs, sheep, lambs, goats and kids, means the removal of head, hide or skin, viscera (including or not including kidneys), genital organs, urinary bladder and feet up to the carpal and tarsal joints, and udders of lactating animals, animals that have given birth or are in advanced pregnancy;

    (b)    in relation to slaughtered pigs means the removal of hair and bristles or skin claws (including or not including the kidneys), eyelids, viscera, genital organs, urinary bladder, udders in the case of lactating animals or of animals that have farrowed or are in advanced pregnancy and the external acoustic form of cleaning is carried out;

    (c)    in relation to sheep and lambs, goats and kids means the removal of the head (except in the case of young lambs and young kids), the pelt or skin, including that of the head, viscera (including or not including the kidneys), genital organs, urinary bladder and feet up to the carpal and tarsal joints and udders of lactating animals or that animals have given birth or are in advanced pregnancy; and

    (d)    in relation to cattle, pigs and solipeds includes where necessary splitting of the carcass lengthwise on the medial line;

    "emergency slaughter" means necessary slaughter of any animal which has recently suffered accident or injury or which is affected by a disease which does not necessarily call for total condemnation at meat inspection, but is likely to deteriorate unless slaughter takes place immediately;

    "export slaughterhouse" means any premises where animals are slaughtered or the carcasses thereof are processed for export for human consumption and includes those abattoirs listed in the First Schedule to these Regulations and any other abattoir, as the Minister may by notice in the Gazette direct;

    "meat" means the edible part of a slaughtered animal that has been inspected by a meat Inspector and found fit for human consumption;

    "meat Inspector" means a properly trained officer appointed by the Minister for the purpose of meat inspection and control of hygiene;

    "Minister" in relation to these Regulations means Minister for the time being responsible for health;

    "occupier" shall include owner or manager or person in charge of an abattoir;

    "offal" in relation to slaughtered animals means any edible or non edible part of the animal other than carcass;

    "potable water" means water fit for human consumption, the standard of which should not be lower than that contained in the latest edition of the "International Standards for Drinking Water", by the World Health Organization;

    "viscera" means the organs of the thoracic and abdominal cavity.

3.    Construction and facilities of an abattoir

    (1) No premises shall be used as an abattoir, unless they have been approved and constructed in accordance to the requirements of the Fifth Schedule of these Regulations with plans previously approved in writting by the Commission for that purpose.

    (2) The occupier of any abattoir shall be required by the Commission to provide all or any of the following facilities–

    (a)    adequate drinking facilities for animals awaiting inspection prior to slaughter;

    (b)    adequate natural or artificial light for the inspection of carcasses and viscera at all times;

    (c)    adequate holding accommodation for animals awaiting inspection prior to slaughter with separate pens for injured animals or those suspected of being diseased;

    (d)    a detention room or space in which all carcasses or viscera or parts thereof marked "detained" may be placed until dealt with by a meat Inspector;

    (e)    a condemnation room or space in which carcasses or viscera or parts thereof marked "condemned" may be placed;

    (f)    adequate space for the emptying and cleaning of stomachs and intestines away from other parts of the abattoir;

    (g)    adequate and separate space for the storage of edible and inedible matter;

    (h)    adequate washing facilities including hot and cold water, liquid soap and cleansers for persons engaged in work in the abattoir;

    (i)    adequate latrines and changing rooms for the use of persons working in the abattoir;

    (j)    adequate facilities for the sterilisation or disinfection of knives, saws, cloths and other equipment used at the abattoir;

    (k)    adequate office accommodation, washing facilities and latrines for the use of meat Inspectors;

    (l)    adequate facilities for the incineration, burial or sterilisation of seized carcasses and viscera;

    (m)    adequate facilities for the preparation by drying or other processes of hides and skins derived from animals slaughtered therein;

    (n)    adequate drainage and sewage systems to remove and dispose of wash water and effluent;

    (o)    adequate water supply of stated purity and supplied at required pressure; and

    (p)    poles or any facilities for hoisting carcass and meat during dressing and inspection.

    (3) The meat Inspector may order the closure of any abattoir in respect of non-compliance of any directive given by him under this regulation, and may revoke such order upon satisfactory compliance.

    (4) Any person who uses any premises as an abattoir which has not been approved or constructed in accordance with plans previously approved by the Commission, or of which the meat Inspector has ordered the closure shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifty thousand shillings or to three years' imprisonment or to both such fine and imprisonment.

4.    Hours of slaughter

    The occupier or the owner of an abattoir shall fix the hours during which slaughtering may take place therein and shall post a notice of such hours on some conspicuous part of the abattoir.

5.    Fees

    (1) The fees set out in the Second Schedule hereto shall be payable by the owner of the animal, carcass, hide or skin in respect of a service or inspection carried out by or on behalf of the Government.

    (2) The Minister may waive, remit or change any fee payable to the Government under the provisions of this regulation.

6.    Records

    (1) Every occupier of an abattoir shall keep or cause to be kept records of all animals slaughtered and of all carcasses and viscera inspected, seized and detained at the abattoir in accordance with the details provided in the Sixth Schedule hereto.

    (2) Every occupier of an abattoir shall within ten days from the last day of the month deliver to the Commission a monthly return in the form of paragraph 6(1).

7.    Inspection and slaughter

    (1) Every slaughter animal shall undergo ante mortem inspection before slaughter and post mortem inspection after slaughter as provided in Part I and II of the Third Schedule of these Regulations.

    (2) The method of slaughter shall be as humane as possible and shall ensure complete bleeding.

    (3) No animal shall except with the consent of the meat Inspector be slaughtered unless it shall have been within the abattoir for at least twelve hours.

    (4) Notwithstanding the provision of subparagraph (3) above an animal may be slaughtered elsewhere than in an abattoir in the case of illness, accident or other emergency of such nature as to render that course necessary.

    (5) Duties of a meat Inspector shall be as provided for under the Fourth Schedule to these Regulations.

8.    Restriction on animals and admission of carcasses to abattoirs

    (1)(a) No animal whatsover whether or not of a kind defined in regulation 2 other than an animal so defined and intended for slaughter, shall be permitted within any part of an abattoir;

    (b) All abattoirs shall be adequately provided with walls, doors, windows and fences to prevent the ingress of any animal or bird; or

    (c) No bird whatsover shall be permitted.

    (2) No carcass of an animal nor any part thereof shall be admitted to any part of a public abattoir unless–

    (a)    it is accompanied by the certificate of a meat Inspector that it has been inspected in accordance with the provisions of these Regulations and passed as fit for human consumption; or

    (b)    it is accompanied by the certificate of a veterinary surgeon that the animal has not died of any disease notifiable under the provisions of the Animal Disease Ordinance; or

    (c)    such carcass is admitted in accordance with regulation 7(4) of these Regulations and after animals intended for slaughter on that day shall have been slaughtered.

    (3) No carcass of an animal or any part thereof shall be admitted to any part of an export slaughterhouse which is used in the production of meat products unless the animal was slaughtered–

    (a)    in an abattoir, the operation of which is governed by the provisions of these Regulations; or

    (b)    in an abattoir expressly approved for that purpose by the commission.

    (4) (a) No animal in a febrile condition or showing symptoms of disease shall be slaughtered for human consumption in any abattoir;

    (b) Except with the specific authority of a meat Inspector no such animal shall be slaughtered until all animals intended for slaughter on that day shall have been slaughtered.

    (5) Where an animal is found to be suffering from a disease (other than anthrax) listed and not stated otherwise in Part V of the Third Schedule to these Regulations, it shall be slaughtered immediately after all other animals intended to be slaughtered on that day, and incinerated or buried in quick lime not less than six feet below the surface of the ground or at the discretion of the meat Inspector may be used in the manufacture of meat products which are not for human consumption.

    (6) Where an animal is found dead in the holding pen or lairage of an abattoir or in any vehicle which is transporting the animal to the abattoir, then if in the opinion of the meat Inspector it has died from a disease (other than anthrax) listed in Part IV of the Third Schedule to these Regulations, the carcass shall be treated in the manner provided by paragraph (5) and the floor of the holding pen, lairage or the inside of the vehicle shall be disinfected to the satisfaction of the meat Inspector and cost thereof and of the disposal of the carcass may be recovered by the occupier or owner of the abattoir from the owner of the dead animal.

    (7) All bedding, fodder, dung or other material found near to the carcass of any animal found dead in the holding pen or lairage of an abattoir or in any vehicle, shall be burned or buried not less than six feet below the level of the ground.

9.    Restriction on entry of persons into abattoirs

    No person shall enter any abattoir unless he is–

    (a)    employed therein; or

    (b)    an officer of the Government or of a local authority acting in the course of his duty; or

    (c)    a person having legitimate business therein.

10.    Protective clothing

    (1) Every meat Inspector shall while inspecting carcasses and viscera wear a waterproof wrap-around apron covering the body from neck to knee, a pair of waterproof boots and a washable cap.

    (2) Every person employed in an abattoir in the slaughter of animals or the handling of carcasses, viscera or meat products shall wear a waterproof wrap-around apron covering the body from neck to knee, a washable cap, and waterproof gumboots.

    (3) Every person employed in an abattoir, coldstore or carcass and/or meat conveying vehicle in carrying carcasses shall wear a waterproof wrap-around apron covering the body from neck to knee, a waterproof cover covering the neck and shoulders, a washable cap, and waterproof gumboots.

    (4) It shall be the duty of employers of persons working at an abattoir, or coldstore, to provide the prescribed protective clothing for his employees.

    (5) All such protective clothing shall be kept as clean as is consistent with the performance of the wearers duties and it shall be the duty of employers to provide facilities for the washing of such clothing.

11.    Clothes, knives and hooks

    (1) A cloth which has been used for wiping down a diseased carcass shall not again be used until it has been boiled in water at not less than 85℃C for at least fifteen minutes.

    (2) All clothes used for wiping down carcasses shall be boiled at such temperature for not less than fifteen minutes at the end of each day.

    (3) Knives and hooks that have been used for cutting or incising any diseased organ, gland or tissue shall not again be used for any purpose until they have been boiled in water at not less than 85℃C for fifteen minutes or disinfected in another manner approved by the meat Inspector.

12.    Separation of equipment and utensils

    Equipment and utensils used for inedible or condemned materials shall be so identified and shall not be used for edible products.

13.    Handling of meat or meat products

    No person engaged in the handling of meat and meat products shall allow meat to come into contact with a floor or ground.

14.    Use of abattoir

    (1) No part of an abattoir shall be used for any purpose other than the slaughter of animals, the production of meat, meat products, hides and skins and purposes necessarily auxillary thereto.

    (2) No occupier shall allow any part of an abattoir to be used as a sleeping or living room except in so for as quarters are specifically provided for the use of a night watchman.

    (3) No part of an abattoir other than the changing rooms shall be used for deposit of personal effects or clothing.

15.    Restriction on hygienic conduct

    No occupier or employee of an abattoir shall cause contamination of meat or meat products by eating, use of tobacco, in any form of chewing or smoking in any part of an abattoir.

16.    Restriction on peaceful conduct

    No employee of an abattoir or any person having legitimate business therein shall conduct himself in a manner likely to obstruct or hinder the meat Inspector from performing his normal daily duties.

17.    Inspection procedure

    (1) Where carcasses and viscera of animals which have been slaughtered are inspected under provisions of section 38 of the Act, the inspection procedure prescribed in Parts III, VI and VII of the Third Schedule shall be followed.

    (2) Where an animal is slaughtered under the provisions of regulation 8 of these Regulations the person slaughtering such animal shall forth-with give notice to a meat Inspector of–

    (a)    the time and place at which the slaughter has occured or will occur;

    (b)    the type of animal slaughtered or to be slaughtered; and

    (c)    the reasons which render the slaughter necessary.

    (3) The meat Inspector shall inspect within four hours the carcass and viscera of an animal slaughtered under the provisions of regulation 7 and shall deal with them in every respect as though the animal had been slaughtered in a public abattoir.

    (4) The lungs, liver and heart or an animal slaughtered in pursuance of the provisions of regulation 8 of these Regulations shall not be severed from the carcass within four hours of the giving of such notice as aforesaid, or within four hours of the slaughter whichever is the latter, unless the carcass shall first have been inspected by a meat Inspector.

    (5) The carcass of any animal slaughtered under the provisions of regulation 7 of these Regulations shall be marked in accordance with the provisions of section 38(2) of the Act and shall be ribbed and quartered before release for human consumption.

    (6) Any person who receives for sale for human consumption the carcass or viscera of any animal which to his knowledge has been slaughtered elsewhere than in abattoir and has not already been inspected in accordance with these Regulations, shall forthwith inform the meat Inspector who, on being so informed, shall take steps to have the same inspected in accordance with these Regulations.

18.    Detailed bacteriological examination

    (1) All carcass lymph nodes and organs shall be examined in detail in carcasses derived from animals marked "SUSPECT" during ante mortem inspection and in carcasses derived from an emergency slaughter.

    (2) No carcass derived from an animal judged "SUSPECT" during an ante mortem inspection or slaughtered in emergency shall be passed for human consumption unless it has been proved by bacteriological examination to be free from organisms causing meat-borne diseases or any other diseases and conditions established during ante mortem and post mortem inspections and listed under Part IV of the Third Schedule to these Regulations.

    (3) Carcasses from which samples have been taken for bacteriological examination shall be "RETAINED" under lock and key until a final decision is reached.

19.    Whole carcass to be examined

    (1) No carcass shall be inspected unless the whole carcass with all organs and viscera, is presented together for inspection.

    (2) Any carcass submitted for inspection with any of the glands removed or the pleura or peritoneum stripped shall be condemned.

20.    Backbleeding

    No serous membrane shall be stripped except by or under the direction of a meat Inspector:

    Provided that where in a case of "backbleeding" immediate stripping is necessary to preserve the marketability of the carcass, the membranes may be partially stripped, provided that they shall not be entirely detached from the carcass until it has been examined by a meat Inspector.

21.    Evidence of disease

    No person except with the permission of a meat Inspector shall, prior to the inspection of any carcass being completed, remove any serous membranes or any other part of the carcass; or modify or obliterate any evidence of disease in the carcass or organ by washing, scrapping, trimming, stripping or otherwise treating the carcass, or remove any mark or identification from the carcass, head or viscera until the meat Inspector has completed his inspection and given his decision.

22.    Restriction on removal of carcass or part thereof from abattoir

    (1) No person shall remove any carcass or part thereof from any abattoir unless such carcass or part thereof has been inspected by a meat Inspector.

    (2) Such removal made in accordance with paragraph (2) of this regulation shall have the consent of and be in accordance with instructions of a meat Inspector.

23.    Detention and seizure

    (1) Where a meat Inspector detains a carcass or part thereof he shall mark or label such carcass or part thereof in a conspicuous manner with the word "detained".

    (2) Where an authorized officer seizes a carcass or viscera or part thereof under the power conferred by section 22(1) of the Act he shall cut it deeply with a knife throughout its substance and mark or label it in a conspicuous manner with the word "condemned".

24.    Separation and disposal

    (1) All detained carcasses or viscera or part thereof shall be promptly removed to the detention room or space where they shall remain until inspected by a meat Inspector.

    (2) All seized carcass or viscera or parts thereof shall be placed in special trucks and removed to a place of disposal where they shall be disposed by–

    (a)    incineration;

    (b)    being buried, after being rendered obnoxious; or

    (c)    processing to make products other than for human consumption at the discretion of the meat Inspector provided that, where a carcass or viscera has been seized by reason only that it is infected with cysticercus bovis it may, notwithstanding the provisions of this regulation be treated in accordance with the provisions of Part VII of the Third Schedule.

25.    Branding of carcass

    (1) Carcasses, heads, organs and viscera which as a result of ante mortem and post mortem inspection are passed as fit for human consumption without further restrictions shall be appropriately branded.

    (2) Any meat, heads, organs and viscera which require treatment by heat or freezing to render them fit for human consumption shall be suitably branded and kept under supervision of a meat Inspector until the necessary treatment has been concluded and the carcass can be passed as fit for human consumption.

    (3)    (i)    all foetuses; or

        (ii)    all carcasses, parts of carcasses, organs and viscera which as a result of ante- and post mortem inspection are found to be unfit for human consumption,

shall be held securely to the satisfaction of the meat Inspector until they are branded, stained, rendered, denatured or otherwise destroyed so excluding them from human food purposes.

26.    Anthrax

    Notwithstanding the provisions of regulation 26, where a carcass which in the opinion of a meat Inspector shows lesions of anthrax has been seized–

    (1)    The carcass and all other parts of the animal including the hide, hooves, horns, viscera, intestinal contents, fat and blood shall immediately be incinerated or buried in quick lime not less than six feet below the level of the ground.

    (2)    The stand where the animal was slaughtered and any other place which in the opinion of the meat Inspector requires to be disinfected shall be washed down with water and disinfected with 2% solution of caustic soda, or 4% solution of sodium carbonate or 5% lysol or 10% dettol or flamed with the hot flame of a blow lamp or other such instrument.

    (3)    All knives, hooks, chains and other instruments which have been in contact with the animal at the time of or since slaughter shall be disinfected by boiling in water at 85℃C for not less than twenty minutes.

    (4)    All ropes for securing the animal or carcass shall be burned.

27.    Injured or moribund animals

    Where an injured or moribund animal is admitted to or found in an abattoir, the occupier of the abattoir shall without delay notify a meat Inspector.

28.    Pig carcasses and other carcasses dressed with hide on

    (1) All pig carcasses shall be thoroughly washed and cleaned and all hair and hooves removed before any incision is made for the purpose of evisceration or inspection.

    (2) Where the carcass of any animal other than a pig is to be dressed with the skin or hide left on the requirements of subsection (1) of this regulation shall apply.

29.    Restriction to attache or remove tags, token or marks from animal, meat or carcass

    No person, other than a meat Inspector shall attach to or remove from any animals, carcass or meat or alter or cause to be attached to or removed from, the alteration of any tags token or mark used in the process of inspection.

30.    Penalty

    Any person who contravenes any of these Regulations, or who fails to comply with any notice or prohibition under these Regulations, shall be liable to a fine of not less than three hundred thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and Imprisonment

FIRST SCHEDULE
LIST OF EXPORT SLAUGHTERHOUSES

(Regulation 2)

SECOND SCHEDULE
FEES TO BE CHARGED

(Regulation 5)

THIRD SCHEDULE
INSPECTION PROCEDURE AND DUTIES OF MEAT INSPECTOR

PART I
ANTE MORTEM INSPECTION

(Regulation 7)

PART II
GENERAL PROVISION FOR POST MORTEM INSPECTION

PART III
DETAILED INSTRUCTION FOR ROUTINE INSPECTION OF CARCASS AND VISCERA

PART IV
DISEASES AND CONDITIONS THAT REQUIRE DETAILED BACTERIOLOGICAL EXAMINATION

PART V
ADDITIONAL INSTRUCTION AS TO THE ACTION TO BE TAKEN IN THE EVENT OF CARCASS AND VISCERA FOUND TO BE AFFECTED WITH OR SHOWING THE FOLLOWING LESIONS

PART VI
ADDITIONAL INSTRUCTIONS AS TO THE METHOD OF INSPECTION FOR EVIDENCE OF TUBERCULOSIS

PART VII
ADDITIONAL INSTRUCTIONS AS TO THE METHOD OF EXAMINATION AND ACTION TO BE TAKEN IN THE EVENT OF EVIDENCE OF INFECTION WITH CYSTICERCUS BOVIS

FOURTH SCHEDULE
DUTIES OF MEAT INSPECTOR

FIFTH SCHEDULE
EQUIPMENT AND INSTRUMENTS FOR SLAUGHTERHOUSE

(Regulation 3)

PART I
SITE, ACCESSIBILITY AND CONSTRUCTION

PART II
EQUIPMENT AND INSTRUMENTS FOR SLAUGHTERHOUSES

SIXTH SCHEDULE
DETAILS OF RECORDS

(Regulation 6)

SEVENTH SCHEDULE
CERTIFICATE FOR SEIZURE/CONDEMNATION * OF CARCASSES OF SLAUGHTERED ANIMALS OR PARTS THEREOF

THE UNITED REPUBLIC OF TANZANIA

National Food Control Commission

(Section 23 of Food (Control of Quality) Act 1978)

THE FOOD (CONTROL OF QUALITY) (MARKETING OF BREAST-MILK SUBSTITUTES AND DESIGNATED PRODUCTS) REGULATIONS

TABLE OF CONTENTS

PART I
PRELIMINARY PROVISIONS

    Regulation

Title

    1.    Citation.

    2.    Application.

    3.    Interpretation.

PART II
EDUCATION AND HEALTH CARE FACILITIES

    4.    Informational and educational materials on infant feeding.

    5.    Restrictions regarding informational and educational materials.

    6.    The Commission to encourage breastfeeding.

    7.    Restrictions regarding health care facility.

    8.    Donations to be approved by the Commission.

    9.    Distributions outside the health care facility.

PART III
HEALTH WORKERS, MANUFACTURERS AND DISTRIBUTORS

    10.    Restrictions on the conduct of health workers.

    11.    Questions regarding the use of products.

    12.    Prohibitions of advertising of breast-milk substitutes and designated products.

    13.    Manufacturers to disclose their contributions.

    14.    Prohibitions regarding manufacturers and distributors.

    15.    Persons employed by manufacturers and distributors.

PART IV
INFANT FORMULA

    16.    Composition of infant formula and supplementary foods.

    17.    Labels and marks on infant formula and supplementary foods.

PART V
LICENCES, IMPORT PERMITS, OFFENCES AND PENALTIES

    18.    Licence and import permits.

    19.    Offences and penalties.

    20.    [Revocation of G.N. No. 237 of 1989.]

SCHEDULES

THE FOOD (CONTROL OF QUALITY) (MARKETING OF BREAST-MILK SUBSTITUTES AND DESIGNATED PRODUCTS) REGULATIONS

(Section 16 and 33)

[1st July, 1994]

G.N. No. 256 of 1994

PART I
PRELIMINARY PROVISIONS

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Marketing of Breast-Milk Substitutes and Designated Products) Regulations.

2.    Application

    These Regulations shall apply to all areas in which the Act applies and shall affect marketing of all breast-milk substitutes and designated products, whether locally made imported, and practices related thereto. They shall apply to their quality, availability, and to information concerning their use.

3.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "Act" means the Food (Control of Quality) Act *;

    "breast-milk substitute" means any food marketed, used or perceived as a partial or total replacement of breast-milk whether or not suitable for that purpose;

    "container" means every form of packaging of breast-milk substitute and/or designated products for distribution or sale as a retail unit including wrappers;

    "the Commission" means The National Food Control Commission established under the Act.

    "distributor" means a person, a corporation or any other entity in the public or private sector either distributing or engaged in such business, whether wholesale or retail, of marketing any breast-milk substitutes and/or designated products and includes any person engaged in the business of providing information, or public relations services in relation to breast-milk substitutes and/or designated products.

    "designated products" means–

    (a)    infant formula; or

    (b)    follow-up formula; or

    (c)    any product marketed, or otherwise represented or commonly used, for feeding of infants; or

    (d)    any product to be fed by use of a feeding bottle; or

    (e)    beverages, milks and other foods intended for use by infants and young children whether industrially made or occurring naturally; or

    (f)    feeding bottles, teats and pacifiers; and

    (g)    such other product as may be specified by the Minister by Notice in the Official Gazette;

    "exclusive breastfeeding" means giving no food or liquid other than breast-milk, not even water until the infant is between 4 and 6 months of age.

    "follow-up formula" means–

    (a)    food intended for use as a liquid part of the weaning diet for the infant from the sixth month onwards and for young children; it must conform to the quality standard scheduled herein;

    (b)    a food prepared from the milk of dairy animals and/or other constituents of animal and/or plant origin, which have been approved by the Commission to be suitable for infants from the sixth month onwards and for young children;

    (c)    a food which, when in liquid form, is suitable for use either directly or diluted with water before feeding as appropriate; in powdered form it requires water for preparation. The product shall be nutritionally adequate to contribute to normal growth and development when used in accordance with its directions for use;

    "health care facility" means governmental, non-governmental or private institutions or organisations engaged, directly or indirectly, in health care for mothers, infants, young children and pregnant women, and nurseries or child-care institutions including pharmacies;

    "health professional" means any technical personnel involved in matters of human health and/or nutrition and any other person as may be specified by the Minister by notice in the Official Gazette;

    "health worker" means a person working in a component of such a health care system, whether professional or non-professional, including voluntary unpaid workers;

    "infant" means a person of not more than twelve months of age;

    "infant formula" means a breast-milk substitute formulated to Tanzania Standard 187 "Infant Formula Specification" industrially, in accordance to the herein scheduled standard, to satisfy the normal nutritional requirements of infants up to between four and six months of age, and adapted to their physiological characteristics. Infant formula may also be prepared at home, in which case it is described as home prepared;

    "label" means any tag, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, attached or otherwise appearing on a container of breast-milk substitutes and/or designated products;

    "manufacturer" means a person or corporation or other entity in the public or private sector engaged in the business of manufacturing of breast-milk substitutes and or designated product whether directly, through an agent, or through a person controlled by or under an agreement;

    "marketing" means any method of introducing or selling breast-milk substitutes and or designated product, including promotion, distribution, advertising, display on shelves, production, distribution of samples, product public relations and product informational services;

    "Minister" means the Minister for the time being responsible for matters relating to health;

    "prescribed" or "as prescribed" means prescribed or as prescribed by written decision made pursuant to these Regulations;

    "prohibited promotional practice" means and includes–

    (a)    special displays of or concerning breast-milk substitutes and designated products;

    (b)    discount coupons;

    (c)    the selling of breast-milk substitutes and designated products at a reduced price unless such reduction in price is intended to be permanent;

    (d)    the distribution of gifts or items or little or no cost bearing the name or logo of a manufacturer or distributor;

    (e)    the use of printed matter including books, pamplets, or posters bearing the name logo, graphic or other representation of a proprietary product or the name or logo of a manufacturer or distributor; or

    (f)    in any other manner;

    "promote" includes advertising, giving of samples or gifts of breast-milk substitutes and/or designated products or materials or information or decorations related thereto;

    "promotion" means any method of introducing, familiarising or encouraging a person to purchase a breast-milk substitute or designated product;

    "protected persons" includes infants, young children, pregnant women, guardians, lactating women and/or members of their household family;

    "sample" means a single or small quantity of breast-milk substitutes or designated products, provided without cost;

    "supplementary food" means any food suitable as an addition to breast-milk and/or breast-milk substitute when either becomes insufficient to satisfy the nutritional requirements of an infant. Such foods are also called "complementary" or "weaning foods";

    "young children" means persons from the age of more than 12 months up to the age of five years.

PART II
EDUCATION AND HEALTH CARE FACILITIES

4.    Informational and educational materials on infant feeding

    (1) The Commission shall have the responsibility for the scrutiny, of the production, provision, planning, design, and dissemination of informational and educational materials on infant and young child feeding for use by families and those involved in the field of infant and young child health and nutrition;

    (2) Informational and educational materials, whether written, audio or visual, dealing with the feeding of infants and intended to reach pregnant women, mothers of infants and young children or members of their families shall include clear and appropriate information on all the following points–

    (a)    the benefits and superiority of breastfeeding; or

    (b)    how to prepare for and maintain breastfeeding including maternal nutrition;

    (c)    the negative effects which the introduction of artificial feeding has on lactation or how too early introduction of supplementary foods interferes with breastfeeding; and

    (d)    the difficulty of returning to breastfeeding after a period of artificial feeding.

    (3) Informational and educational materials that include the topic of feeding infants with infant formula, follow-up formula or any other food shall explain, in addition to the information specified in these Regulations, the following topics–

    (a)    the proper preparation and use of the product;

    (b)    the approximate financial cost of feeding an infant with the product;

    (c)    the health hazards of bottle feeding and improper preparation of the product;

    (d)    how to feed infants with a cup; and

    (e)    the importance of feeding infants with a cup.

    (4) Informational and educational materials that include the topic of feeding infants with complementary foods shall explain in addition to the information specified in regulation 4(1) and (2), the following topics–

    (a)    the health hazards of feeding with inappropriate food, and feeding at inappropriate age of the child; and

    (b)    how supplementary foods can easily be prepared at home.

5.    Restrictions regarding informational and educational materials

    (1) Informational and educational materials shall contain only factual and current information and shall not use any pictures or texts that encourage artificial feeding or use of bottles for feeding or discourage breastfeeding.

    (2) Informational and educational materials shall be written in Kiswahili and if intended for academic purposes in Kiswahili or English.

    (3) Informational and educational materials shall not make reference to any brand of breast-milk substitutes or designated product nor contain the name or logo of any manufacturer or distributor of breast-milk substitute or designated product.

    (4) Any materials containing information about the use of infant formula shall point out the risks entailed for the child's health in the unnecessary and indiscriminate use of such formulas.

    (5) Donations of informational or educational materials or equipment by manufacturers or distributors shall be made through the Commission and in accordance with these Regulations.

6.    The Commission to encourage breastfeeding

    (1) The Commission shall take appropriate measures to encourage, protect and promote breastfeeding and shall give appropriate feeding practices where infant and young children are concerned.

    (2) The Commission shall encourage exclusive breastfeeding and advise health workers in regard to their responsibilities including information specified in these Regulations.

7.    Restrictions regarding health care facility

    (1) The facility of health care system shall not be used for the purpose of promoting infant formula or other designated products, or for the display of the products or for placards or posters concerning such products or for the distribution of materials provided by a manufacturer or distributor.

    (2) Notwithstanding the provisions of subregulation (1) of this regulation, the restrictions prescribed shall not preclude the dissemination of information to health professionals as provided for in these regulations.

    (3) Feeding with infant formula or any designated products, whether manufactured or home prepared, shall be demonstrated by health workers, or other community workers if necessary, and only to the mothers or family members who have been prescribed to use it, and the information given shall include a clear explanation of the hazards of improper use.

    (4) The head of a health care facility shall–

    (a)    present to the Commission, in writing, a full disclosure of any contribution made by a distributor or manufacturers of breast-milk substitutes and or designated products to the health care system or health care workers therein; and

    (b)    prohibit acceptance into the facility gifts of samples of breast-milk substitutes and/or designated product or supplies of the same or gifts of any article or utensil which may idealise or promote the use of breast-milk substitutes or bottle feeding.

8.    Donation to be approved by the Commission

    (1) Donation or low price sales or supplies of designated food products to health care facilities or any other institutions whether for use in the facilities or institutions, or for distribution outside the facilities or institutions shall be accepted through and under the written approval of the Commission.

    (2) Such supplies or donations made under subregulation (1) of this regulation, shall only be used or distributed for infants who have prescription to be fed on breast-milk substitutes or any other designated product.

9.    Distributions outside the health care facility

    (1) Where donated supplies of breast-milk substitute or other designated products within the scope of these Regulations are distributed outside the health care facility, the facility shall take such steps as to ensure that supplies can be continued as long as the infants concerned need them;

    (2) Subject to subregulation (1) of this regulation, health workers shall–

    (i)    encourage and protect breast-feeding; or

    (ii)    where necessary, give demonstrations of feeding with infant formula; and

    (iii)    make a full disclosure to the Commission in writing of any contribution made by a distributor or a manufacturer, on behalf of the health worker, for fellowships, study tours, research grants, attendance to professional conferences, or for other similar purpose.

PART III
HEALTH WORKERS MANUFACTURERS AND DISTRIBUTORS

10.    Restrictions on the conduct of health workers

    (1) Under these Regulations, health workers or members of their immediate families shall–

    (a)    not be allowed to accept any financial or other benefits from a distributor or a manufacturer to promote any breast-milk substitute and/or designated products; or

    (b)    not give samples of infant formula or other designated product to a protected person, notwithstanding professional evaluation as referred to under regulation 15(2) of these Regulations; and

    (c)    not demonstrate prelacteal feeding to mothers or family members; whenever necessary it shall be only demonstrated to mothers or family members who are prescribed to use it and the information given at such demonstration shall include a clear explanation of the hazard of improper use.

    (2) Pursuant to regulation 11 every health worker shall–

    (a)    observe and give effect to appropriate directions; and

    (b)    have regard to any informational and educational material, and information and advice given or disseminated under these Regulations with respect to that duty and its performance.

11.    Questions regarding the use of products

    (1) Health professional with technical questions regarding the use of products within the scope of these Regulations may however, seek information from manufacturers in writing and manufacturers shall respond in writing specifically to such professional enquiries; except that general promotional literature about the product or related products shall not be included unless it answers directly to the questions asked.

    (2) Subject to subregulation (1) of this regulation all copies of such correspondence between Health professionals, manufacturers and distributors shall be sent to the Commission for perusal.

12.    Prohibition of advertising of breast-milk substitutes and designated products

    (1) Under these Regulations, advertisements or any other form of promotion to the general public of any breast-milk substitutes and designated products is hereby prohibited.

    (2) Any manufacturer, distributor or any other person shall not provide directly or indirectly to pregnant women, mothers or members of their immediate families or health workers samples of products which may promote the use of breast-milk substitutes or bottle feeding.

    (3) A manufacturer or distributor or any other person shall not put forth any advertisement that promotes any breast-milk substitute and or designated product; to imply or create the belief that artificial feeding is equivalent to or superior to breast-feeding.

    (4) For the purposes of these Regulations, advertisement includes every form of advertising whether–

    (a)    in a publication, or by television, radio, film, video or telephone; and traditional communication media;

    (b)    by display or signs, bill boards, notices or goods; or

    (c)    by exhibition of pictures or models; and

    (d)    in any other manner.

13.    Manufacturers to disclose their contributions

    (1) Manufacturers and distributors of products within the scope of these Regulations shall disclose to the institution to which a recipient health worker is affiliated any contribution made to him/her or on his/her behalf for fellowships, study tours, research grants, attendance at professional conferences, or the like. Similar disclosures shall be made by the recipient.

14.    Prohibitions regarding manufacturers and distributors

    (1) A manufacturer or distributor shall not promote breast-milk substitute and or designated products, whether within a health care facility or otherwise.

    (2) A manufacturer or distributor shall not apply or distribute one or more samples of breast-milk substitutes and/or designated products to any person except under such conditions as may be prescribed under the approval of the Commission, or under regulation 15(2) of these Regulations.

    (3) No distributor or manufacturer shall donate any quantity of breast-milk substitutes and/or designated product to a health care facility or any other institution or organisation unless such facility, institution or organisation requests a donation on a form as may be prescribed by the Commission who shall approve such requests.

    (4) No distributor or manufacturer shall donate equipment or materials to a health care facility or health worker without the approval of the Commission.

    (5) No distributor or manufacturer shall offer or make to a health worker or health care facility personnel any gift or other benefit, financial or otherwise, except as provided under subregulation (6) of this Regulation.

    (6) No manufacturer or distributor shall provide fellowships or research grants for a health worker or shall sponsor a professional meeting or conference or fund the attendance of a health worker at such a professional meeting or conference unless such is requested on a form as may be prescribed and such request is approved by the Commission under the prescribed conditions.

    (7) No manufacturer or distributor of products under these Regulations–

    (a)    shall use a system of sales incentives for the marketing personnel which includes the volume of sales of any of the products under these Regulations for the purpose of the calculation of bonuses; and

    (b)    shall set quotas specifically for the sale of any of the product under these Regulations.

15.    Persons employed by manufacturers and distributors

    (1) Persons employed in marketing products under these Regulations shall not as part of their responsibilities, perform educational functions in relation to pregnant women or mothers of Infants and Young Children.

    (2) Without prejudice to the generality of Regulation 14(1) and (2) samples of breast-milk substitutes or other products or Equipment and Utensils for their preparation or use may be provided to health workers when necessary for the purpose of professional evaluation or research at the institutional level such as government food control institutions, laboratories or universities or other recognized research institutions.

PART IV
INFANT FORMULA

16.    Composition of Infant Formula and supplementary foods

    (1) The Composition of Infant Formula shall be in accordance with Tanzania Standard 187 "infant formula specification".

    (2) Infant formula shall be in powder form prepared by physical means excluding ionization and shall be prepared from dairy animals or other animals or other edible constituents of animal including fish or plants which are suitable for infant feeding and shall contain only oils of plant origin after satisfactory removal of fats of animal origin.

    (3) Infant formula shall be free from lumps, coarse particles, dirt, extraneous matter and added colouring substances and shall be free from any material, micro-organisms, in amounts which are hazardous to infants as set out in the First Schedule to these Regulations.

    (4) Infant formula shall be clean, safe, suitable for ingestion and nutritionally adequate to promote normal growth and developments of infants and shall contain nutrients in quality and composition as set out in the second, third and fourth schedule to these Regulations.

    (5) Infant formula shall be packed in air tight and tamper proof containers approved by the Commission and they shall safeguard the hygienic and nutritional qualities of the product.

    (6) Subject to subregulation (5) of this Regulation, nitrogen or a mixture of carbon-dioxide and nitrogen may be used as packing media in the case of spray dried infant formula.

    (7) The composition of supplementary foods shall be in accordance with Tanzania Standard 180 "processed cereal based weaning food".

    (8) Supplementary food shall be clean, safe suitable for ingestion and nutritionally adequate to promote normal growth and development of the young child and shall contain nutrients in quality and composition as set out in Tanzania Standard 180.

17.    Labels and marks on infant formula and supplementary foods

    (1) Labelling and marking of infant formula and supplementary foods shall be in accordance with Tanzania Standard 187 and Tanzania Standard 180 respectively.

    (2) Labels and marks on any infant formula shall include the following information in Kiswahili, English and in any other language where the product is marketed–

    (a)    name of the product, that is, infant formula, and trade name or brand name;

    (b)    name and address of the manufacturer and/or licensed parker;

    (c)    batch or code number;

    (d)    net content by mass/volume;

    (e)    list of ingredients with the average content of each nutrient indicated in descending order of proportion;

    (f)    protein source and the proportion of saturated and unsaturated fatty acids;

    (g)    the average content of each nutrient;

    (h)    directions for storing the unopened container and special directions after the container has been opened;

    (i)    an indication, with a print letter not less than 5mm, that infant formula is not intended to replace breastfeeding but is a complement where breastfeeding is insufficient;

    (j)    the words "IMPORTANT NOTICE" or their equivalent, giving directions on how to prepare and use the formula for consumption and shall include:

        (i)    a statement of the superiority of breastfeeding;

        (ii)    a statement that the product should be used only on the advice of a doctor or health worker;

        (iii)    instruction and a warning against the health hazards of inappropriate preparation;

        (iv)    a statement that infants should be fed only with cup and or spoon;

    (k)    advisory note that infants over 6 months of age should receive supplementary foods in addition to the formula;

    (l)    date of manufacture and expiry to be printed on the tamperproof container;

    (m)    country of origin.

    (3) The label shall not show any photographs, drawings or other graphic representations other than for illustrating methods of preparation and in no case shall depict a feeding bottle.

PART V
LICENCES, IMPORT PERMITS, OFFENCES AND PENALTIES

18.    Licence and import permits

    (1) Manufacturers shall obtain a licence for manufacturing breast-milk substitutes and/or any of the designated products from the Commission.

    (2) All importers shall obtain import permits of breast-milk substitutes and/or designated products from the Commission.

    (3) No person shall distribute or sell or display for sale or otherwise any breast-milk substitutes and/or designated product unless he is convinced beyond reasonable doubt and can so produce evidence that the designated product in his custody has been manufactured under licence from the Commission, and if imported has been so imported under the permission from the Commission.

19.    Offences and Penalties

    (1) Any manufacturer, importer, packer or distributor who contravenes or fails to comply with these Regulations or directly or indirectly aids an individual or any other person in committing an offence under these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

    (2) Any health facility that intentionally contravenes or fails to comply with these Regulations, or directly or indirectly aids any other person in committing an offence under these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one million shillings or revocation of its operating licence or to both fine and licence revocation.

    (3) Any health worker who intentionally contravenes or fails to comply with these Regulations or directly or indirectly aids another person in committing an offence under these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

    (4) Any person other than those mentioned under regulation 19(1), (2) and (3) who intentionally contravenes or fails to comply with these Regulations, or directly or indirectly aids another person in committing an offence under these Regulations, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

20.    Revocation of G.N. No. 237 of 1989

    [Revokes the Food (Control of Quality) (Infant Formula and Weaning Food) Regulations.]

FIRST SCHEDULE
LIMITS OF MICRO-ORGANISMS IN INFANTS AND SUPPLEMENTARY FOOD

SECOND SCHEDULE
COMPOSITION AND QUALITY FACTORS OF INFANT FORMULA

THIRD SCHEDULE
COMPOSITIONS AND QUALITY FACTORS OF SUPPLEMENTARY FOOD

FOURTH SCHEDULE

THE FOOD (CONTROL OF QUALITY) (EDIBLE PALM OILS AND FATS) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Interpretation.

    3.    Identity characteristics for palm oil.

    4.    Quality requirements.

    5.    Packaging and storage requirements.

    6.    Transporting of palm oils and fats.

    7.    Hygiene requirements.

    8.    Marking and labelling requirements.

    9.    Offences.

    10.    Penalty.

SCHEDULES

THE FOOD (CONTROL OF QUALITY) (EDIBLE PALM OILS AND FATS) REGULATIONS

(Section 16 and 33)

G.N. No. 368 of 1998

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Edible Palm Oils and Fats) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "the Act" means the Food (Control of Quality) Act *;

    "carrier" means any box, detachable compartment, tank or container, receptacle or any other arrangement in which palm oil may be carried in;

    "crude palm oil" means palm oil obtained by mechanical expression without undergoing any further processing or treatment;

    "crude palm olein" means the liquid fraction obtained by a one stage fractionation of crude palm oil;

    "crude palm stearin" means the high melting fraction obtained by a one stage fractionation of crude palm oil;

    "edible palm oil" and "fats" includes refined, bleached and deodorised (RBD) palm oil, neutralised, bleached and deodorised (NBD) palm oil, refined bleached and deodorised (RBD) palm stearin; neutralised palm olein; neutralised and bleached (NB) palm olein; neutralised, bleached and deodorised (NBD) palm olein; and refined, bleached and deodorised (RBD) palm olein;

    "neutralised and bleached palm olein" means the liquid fraction obtained by a one stage fractionation either of crude palm oil and subsequently neutralised with alkali and bleached with bleaching earth activated carbon or both;

    "neutralised bleached and deodorised palm oil" means palm oil obtained from crude palm oil by neutralisation with alkali; bleached with bleaching earth or activated carbon or both and deodorised by physical means;

    "neutralised palm olein" means the liquid fraction obtained by a one stage fractionation either of neutralised palm oil or of crude palm olein and subsequently neutralised with alkali;

    "palm oil" means oil derived from the fleshy pulp (mesocarp) of the fruit of elaeis guineensis crossed varieties of dura, pisifera and tenera and are used in the production of edible palm oils and fats;

    "palm olein" means a liquid fraction of palm oil obtained after crystallisation at controlled temperatures;

    "refined, bleached and deodorised (RBD) palm oil" means palm oil obtained from crude palm oil by bleaching with bleaching earth or activated carbon or both, deodorised and then de-acidified by physical means;

    "refined, bleached and deodorised (RBD) and neutralised, bleached; and deodorised (NBD) palm olein", means the liquid fraction obtained either from refined, bleached and deodorised palm oil or from crude or semi-refined palm oil subsequently refined by neutralisation with alkali, bleached with bleaching earth or activated carbon or both, and deodorised with steam or alternatively de-acidified, bleached and deodorised by physical means;

    "refined, bleached and deodorised (RBD), and neutralised, bleached and deodorised (NBD) palm stearin" means the high melting fraction obtained by a one stage fractionation, either of refined, bleached and deodorised palm oil, or of crude or semi-refined palm oil, subsequently refined by neutralisation with alkali, bleached with bleaching earth or activated carbon or both and deodorised with steam or alternatively de-acidified, bleached and deodorised with steam or alternatively de-acidified, bleached and deodorised by physical means;

    "semi-refined olein" means the liquid fraction obtained by a one stage fractionation of crude palm oil with quality characteristics which unless subjected to further processing does not warrant its use for direct human consumption;

    "semi-refined palm oil" means partly processed palm oil;

    "semi-refined palm stearin" means the solid fraction obtained by a one stage fractionation of partially refined crude palm oils or is obtained from crude palm stearin which has been partially refined, with quality characteristics which unless subjected to further processing does not warrant its use for direct human consumption.

3.    Identity characteristics for palm oil

    Identity characteristics for palm oils shall conform to the conditions provided for in the First Schedule to these Regulations.

4.    Quality requirements

    Quality requirements for edible palm oil, palm olein, and palm stearin shall conform to the conditions provided for in the Second Schedule to these Regulations.

5.    Packaging and storage requirements

    (1) Edible palm oil and fats shall be packed in new, clean non-absorbent food grade containers, upon which the oil has no action.

    (2) Containers of edible palm oils and fats shall not cause any alteration to the oil in composition, quality and odour and shall protect the product from light and preclude contamination or proliferation of micro-organisms during storage and transportation.

    (3) When supplied in bulk, edible palm oils and fats shall be packed in rust-free steel drums or any suitable air-tight and pilfer proof containers free from dents or leakages.

    (4) Containers shall be stored in a clean place and in a sanitary manner.

    (5) A head space of not more than five percent of the capacity of the container shall be left at the top.

6.    Transporting of palm oils and fats

    (1) Carriers transporting palm oils and fats from one place to another apart from meeting the requirements of regulation 5 of these Regulations shall routinely be inspected by an authorised officer. The carriers shall be registered and acquire a vegetable oils carrier certificate annually and oil movement permit for each consignment to transport oils for human consumption.

    (2) Carriers used for carrying palm oils and fats shall carry no other items other than oils for human consumption.

7.    Hygiene requirements

    The edible palm oil and fats shall be processed and packed in premises and under hygienic conditions as prescribed in the Food Hygiene Regulations, 1982.

8.    Marking and labelling requirements

    (1) Containers of palm oil, palm olein and palm stearin shall be legibly and indelibly marked with the following information, in either Swahili and/or English–

    (a)    name and type of the product;

    (b)    name and address of the manufacturer and/or licensed packer;

    (c)    net content by mass;

    (d)    batch number in code or in clear;

    (e)    a complete list of ingredients in descending order of proportions;

    (f)    date of manufacture and date of expiry; and

    (g)    country of origin.

    (2) In the case of palm oil, palm olein or palm stearin not intended for direct human consumption, the following information shall be suitably marked, either printed on the label affixed to the container or lithographed thereon with indelible ink in a type size not less than 50mm the words : "NOT FOR HUMAN CONSUMPTION”.

    (3) At retail, oils and fats shall only be kept in their original containers and drawn directly for sale from the original containers.

9.    Offences

    Any person who distributes or offers, presents for sale, stores, dispatches to any other person for the purpose of having oils or fats used for human consumption or helps any other person in doing the same contrary to the provisions of these Regulations commits an offence.

10.    Penalty

    Any person who commits any offence under these Regulations is liable upon conviction in the case of a first offence to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not less than six months, and upon a second offence to a fine not less than one million shillings and/or to a term of imprisonment not less than six months and where the value of food in question exceeds five hundred thousand shillings to a fine stipulated under section 62 of the Food Act.

FIRST SCHEDULE

Identity characteristics for crude palm oil

Identity characteristics for crude palm olein

Identity characteristics for crude palm stearin

SECOND SCHEDULE

Quality requirements for palm oil

Quality requirements for palm stearin

Quality requirements for palm olein

THIRD SCHEDULE
VEGETABLE OILS AND FATS CARRIER REGISTRATION CERTIFICATE

UNITED REPUBLIC OF TANZANIA

NATIONAL FOOD CONTROL COMMISSION

(Regulation 8 of the Food (Control of Quality)
(Edible Palm Oils and Fats) Regulations, 1998)

FOURTH SCHEDULE
VEGETABLE OILS AND FATS CARRIER MOVEMENT PERMIT

NATIONAL FOOD CONTROL COMMISSION

(Regulation 8 of the Edible Palm Oils and Fats Regulations, 1998)

THE FOOD (CONTROL OF QUALITY) (FOOD ADDITIVES) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

    1.    Citation.

    2.    Application and scope.

    3.    Interpretation.

    4.    Conditions for sale of food additives.

    5.    Condition for request to add to or change food additives.

    6.    Approval to change or make addition to the Schedule.

    7.    Penalty.

SCHEDULE

THE FOOD (CONTROL OF QUALITY) (FOOD ADDITIVES) REGULATIONS

(Sections 16(1))

[19th June, 1998]

G.N. No. 370 of 1998

1.    Citation

    These Regulations may be cited as the Food (Control of Quality) (Food Additives) Regulations.

2.    Application and scope

    These Regulations shall apply to all areas in which the Act applies and shall affect all types of foods whether imported or locally manufactured.

3.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "Act" means the Food (Control of Quality) Act *;

    "acid" means substance which impart tartness to foods or lowers the pH of the medium;

    "anticaking agent" means substances which reduce the tendency of individual particles of a foods stuff to adhere to one another;

    "antioxidants" means substances which prevent or retard the oxidation processes in foods;

    "antioxidants synergist" means substances which enhance or facilitate prevention or retardation of oxidation in foods when in combination with antioxidants;

    "buffering agents" means substances which control the pH of foodstuffs;

    "carrier solvents" means substances used to dissolve, dilute, disperse or otherwise physically modify a food additive without altering its technological function in order to facilitate its handling, application or use;

    "emulsifiers" means substances used to make it possible to form or maintain a homogeneous mixture of two or more immiscible phases such as oil and water in foodstuff;

    "emulsifying salts" means substances which convert proteins contained in cheese into a dispersed form and thereby bring about homogeneous distribution of fat and other components;

    "enzymes" means substances which are protein in nature produced by living cells to act as biocatalysts in food processing;

    "food additive" means any substance not normally consumed as food by itself and not normally used as typical ingredient of food whether or not it has nutritive value, the intentional addition of which to food for technology including organoleptic purpose in the manufacturing process, transport preparation, treatment packing, packaging, or holding of such food result, or may be reasonably expected to result directly or in its by-products becoming a component of or otherwise affecting the characteristics of such food. The term does not include contaminants or substances added to food for maintaining or improving nutritional qualities;

    "food colour" means substances used to improve or modify the colour of food products and includes natural and artificial colour;

    "flavour enhancers" means substances which enhance the inherent taste, or odour of foodstuff;

    "gelling agents" means substances which give foodstuff texture through formation of a gel;

    "nature flavours" means substances acceptable for human consumption which are obtained exclusively by physical processes from plants or animal raw materials either in their natural state or processed form;

    "nature identical flavouring substance" means substances which are chemically isolated from aromatic raw materials or obtained synthetically and which are chemically identical to substances present in natural products intended for human consumption either processed or not;

    "preservatives" means substances which make it possible to maintain the physiochemical state of foodstuff and includes substances which enable the maintenance of homogeneous dispersion of two or more immiscible substances in a foodstuff and includes substances which stabilise, retain or intensify an existing colour of foodstuff.

4.    Conditions for sale of food additives

    No person shall sell food containing food additives unless that food additive is listed in the Schedule to these Regulations.

5.    Condition for request to add to or change food additives

    A request that a food additive be added to or a change made in the Schedule of these Regulations shall be accompanied by a submission to the Commission and shall include–

    (a)    A description of the food additive including its chemical name and the name under which it is proposed to be sold, method of its manufacture, chemical and physical properties, composition and specification;

    (b)    a suggestion of the amount of the food additive proposed for use, and the purpose for which it is proposed, together with all directions, recommendations and suggestions for use;

    (c)    data establishing that the food additive shall have the intended physical or other technical effect;

    (d)    detailed reports of tests made to establish the safety of the food additive under the recommended conditions of use;

    (e)    data to indicate the residues that may remain in or upon the finished food when the food additive is used in accordance with good manufacturing practice;

    (f)    a proposed maximum limit for residues of the food additive in or upon the finished food;

    (g)    specimens of the labelling proposed for the food additive; and

    (h)    a sample of the food additive in the form in which it is proposed to be used in foods, a sample of the active ingredient and, on request, a sample of food containing the food additive.

6.    Approval to change or make addition to the Schedule

    The Commission shall inform in writing the person filing the submission of its decision to approve or disapprove the request for the addition or change in the Schedule.

7.    Penalty

    Any person who contravenes any of these Regulations or who fails to comply with any notice or prohibition under these Regulations is liable upon conviction to a fine not less than five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both that fine and imprisonment.

SCHEDULE
PERMISSIBLE FOOD ADDITIVES AND THEIR LEVELS OF USE IN FOODS