CHAPTER 274
EXPORT OF TIMBER ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Exemption from Application of the Act

      The Places or Ports of Exit for the Export of Timber

   RULES

      The Export and Grading of Timber Rules

NOTICES

THE EXEMPTION FROM APPLICATION OF THE ACT

(Section 3)

G.N. No. 372 of 1954

   The provisions of the Export of Timber Act *, not being those contained in section 9 or section 12 thereof, shall not apply to the following species of mangrove poles of twelve inches diameter or less, measured at the butt–

   Avicennia marina.

   Bruguiera gymnorrhiza.

   Ceriops tagal.

   Heritiera littoralis.

   Lumnitzera racemosa.

   Rhizophora mucronata.

   Sonneratia alba.

   Xylocarpus benadirensis.

THE PLACES OR PORTS OF EXIT FOR THE EXPORT OF TIMBER

(Section 6)

G.Ns. Nos.
297 of 1952
380 of 1952

   The provisions of the Export of Timber Act *, not places or ports of exit for the export of timber–

   (a)   Ports and rail exits

      Arusha

      Bukoba

      Dar es Salaam

      Kahe Junction

      Kasanga (Lake Tanganyika)

      Kigoma (Lake Tanganyika)

      Kipili (Lake Tanganyika)

      Kyaka (Kagera River)

      Lindi

      Mbamba Bay (Lake Nyasa)

      Mkwaya

      Mombasa

      Moshi

      Mtwara

      Mwanza

      Mwaya (Lake Nyasa)

      Tanga

   (b)   Road exits

      Himo

      Kamanga

      Moa

      Mosi (for Abercorn)

      Mutukula (on Kyaka-Masaka Road)

      Namanga

      Namkale (for Abercorn)

      Tunduma

RULES

THE EXPORT AND GRADING OF TIMBER RULES

(Section 17)

G.Ns. Nos.
7 of 1970
63 of 1970
230 of 1970

1.   Citation

   These Rules may be cited as the Export and Grading of Timber Rules, and shall apply to timber with the exception of East African blockwood (Dalbergia melanoxylon).

2.   Definitions in First Schedule to apply

   The definitions contained in the First Schedule shall apply to these Rules.

3.   No hardwood to be exported

   No hardwood timber to which these Rules apply shall be exported unless it has been graded by a grader in the manner prescribed and complies with one of the grades set out in the Second Schedule to these Rules.

4.   No softwood to be exported

   No softwood timber to which these Rules apply shall be exported unless it has been graded in the manner prescribed and complies with one of the grades set out in the Third Schedule to these Rules.

5.   Softwood to be hammer marked

   All hardwood and softwood timber exported shall have been hammer marked or stencilled with one of the grade marks described in the Second and Third Schedules respectively; and the grade marks shall correspond to the grade of the timber into which the timber falls at the time of grading.

6.   Graded timber to be marked

   (1) All graded timber shall be marked indelibly with the registered number of the grader who graded the timber; this number shall be within a circle and no other number may be within a circle.

   (2) No grader shall use any number other than that shown on the authorisation to grade issued to the grader by the director of Natural Resources under section 10 of the Forests Act *.

7.   Marks may be placed on graded timber

   The following marks may also be placed on graded timber subject to the provisions of these Rules–

   (a)   the name of the timber, provided that only the appropriate standard name as listed in the Fifth Schedule shall be used for this purpose;

   (b)   a mark of origin which may be either a mark registered by the sawmiller who produced the timber or a mark registered by the dealer or exporter of the timber or both such marks;

   (c)   shipping marks.

8.   Marks of origin to be registered

   All marks of origin shall be registered by the Director of Natural Resources and no mark shall be used unless the Director of Natural Resources shall have given his permission in writing.

9.   Marks to be placed on face or at end of timber

   (1) Marks shall be placed on a face or on an end of a piece of timber or, in the case of timber secured in bundles on the outside of the bundle; and if placed on a face they must be placed on the face graded.

   (2) If the timber is secured in bundles the grader must inspect each and every piece before the bundle is secured.

10.   Appropriate grade to be placed on timber

   The appropriate grade mark and grader's mark shall be placed on each piece of timber or on each bundle, if the timber is secured in bundles, by the grader, or in the presence of the grader at the time of grading.

11.   No grading of timber obscured by dirt

   No grader shall grade or attempt to grade any timber the surfaces of which are obscured by dirt, nor shall he grade or attempt to grade any timber except in the open in full day light.

12.   Issuing of Certificate of Grading

   No grader shall grade or attempt to grade any timber or shall place any grade marks upon or issue any Certificate of Grading in respect of any timber, which in his opinion–

   (a)   contains live borers, rot or decay, soft or pulpy heart and unsound and loose knot except as allowed in the grading specifications described in the Second and Third Schedules; or

   (b)   is affected by brittle heart compression failures and severe surface checking; or

   (c)   is affected by twist, cup, bow and spring, unless in the opinion of the grader these defects are so slight that the piece of timber can be surfaced on both sides to its finished dimensions, or unless these defects come within the limits set out in the separate grade specifications for hardwood and softwood timbers in the Second and Third Schedules respectively; or

   (d)   is not in shipping dry condition or drier, unless green timber is specified by the buyers in which case the timber shall be graded as Specified Grade and shall be marked accordingly.

13.   Defects to be considered

   When any defect which is not included in the grading specifications is encountered, such defect shall be considered according to its estimated damaging effect on the piece of timber which shall be graded and marked accordingly.

14.   Certificate of Grading to be in Form A

   (1) On the completion of grading and marking, a grader shall issue a Certificate of Grading which shall be in Form A as set out in the Fourth Schedule, and every part of such certificate shall be duly completed by the grader before issuing it.

   (2) No grader shall issue any Certificate of Grading knowing or having reason to believe that the same is false in any material particular.

   (3) No person other than a grader shall issue a Certificate of Grading.

15.   Application for Export to be in Form B

   Every application for an Export Certificate shall be in Form B as set out in the Fourth Schedule and shall be accompanied by a valid Certificate of Grading pertaining to the timber for which the application is made, or, if the Certificate of Grading has already been submitted along with a previous application for an Export Certificate, a reference of the certificate so submitted shall be given on the subsequent application.

16.   No issuance of Export Certificate if price less than minimum F.O.B. price

   No Export Certificate shall be issued for the export of any timber, if the F.O.B. price at which such timber is to be exported is less than the minimum F.O.B. price determined by the Chief Forest Officer in respect of such timber.

17.   Export Certificate to be in Form C

   An Export Certificate shall be in Form C as set out in the Fourth Schedule.

18.   Offences

   (1) Any grader who contravenes or fails to comply with subrule (2) or rule 6 or rule 10 or subrule (2) of rule 14 commits an offence and on conviction is be liable to a fine not exceeding five hundred shillings.

   (2) Any person other than a grader who contravenes Rule 14(3) shall be guilty of an offence and on conviction shall be liable to a fine not exceeding one thousand shillings or imprisonment for a period not exceeding two months or to both.

19.   Revocation

   [Revokes the Export of Timber Rules, 1965 *.]

FIRST SCHEDULE
DEFINITION OF TECHNICAL TERMS

(Rule 2)

   Air Dry - Timbers fully seasoned to equilibrium moisture content with local atmospheric conditions.

   Arris - A sharp external angel formed by the meeting of two surfaces of a piece.

   Bark Pocket - Patches of bark partially or wholly enclosed within the wood; sometimes known as "Inbark"; resin or gum may sometimes be present in the pocket cf Resin Pocket.

   Baulk - A piece of square-sawn timber of approximately equal cross dimension of greater size than 100 mm

   Blemish - Any feature which mars the appearance of timber but has no adverse effect on its technical quality e.g. superficial stain. Whether a particular feature is classed as a blemish or a defect depends on the purpose for which the timber is to be used cf Defect.

   Board - A piece of sawn timber 50mm or less in thickness and 150mm or more in width cf Strip, Plank and Scantling.

   Borer - Any wood-boring organism (chiefly insects but including marine borers) that attacks wood, producing holes or tunnels or similar damage.

   Live Borer - Any wood-boring organism which is still alive and may be within timber containing loose faecal pellets or frass.

   Borer Holes:

   (a)   Pin holes - Not more than 1.5mm in diameter. Such holes are typically due to Ambrosia beetles and are usually darkly stained.

   (b)   Short Holes - 1.5mm and not more than 3mm in diameter; and such holes may be stained or unstained.

   (c)   Large Borer Holes. (Grub Holes) - Over 3mm in diameter, caused chiefly by Longhorn beetles.

   (d)   Dead Borer Holes. Borer holes in timber which are devoid of faecal pellets or frass.

   Bow - Curvature of a piece of sawn timber in the direction of its length, whereby the plane of its face deviates from a straight line cf Spring and Cup.

   Check - Small separations of the wood fibre in a longitudinal direction, not penetrating as far as the opposite or adjoining side of a piece of sawn timber (cf Shake and Split).

   Clear - Free from all visible defects cf Sound.

   Compression Failures - Fractures the grain in which the fibres are broken transversely or are crushed by compression. Various causes are suggested, such as felling across obstructions and internal stresses in the growing tree caused by high winds, growth stresses etc. Also known as Felling Shakes, Thunder Rupture, Lightning, Transverse Shakes, Upsets, Cross Breaks or Cross Fractures, very often they are difficult to detect until timber is dressed.

   Cup - Curvature of a piece of sawn timber across its width cf Bow and Spring.

   Decay - Includes wet rot and dry rot. It is the disintegration of wood resulting from the action of wood destroying fungi. It is usually accompanied by discolouration even in the early stages of attack. (Infection by sap-staining fungi is not classed as decay.)

   Defect - Any feature which adversely affects the technical quality of a timber. Whether a particular feature is classed as a defect or a blemish depends on the purpose for which the timber is to be used cf Blemish.

   Degrade - Applied to timber that through any cause has developed more defect than were permitted in the original grade of that timber. See also under Shipping-Dry.

   Dimension Stock - Timber sawn to specified sizes, usually specific widths and thickness.

   Edges - Applied only to the two narrower surfaces of a piece of timber cf Face.

   Equilibrium Moisture Content - (E.M.C.) - The moisture content of timber in equilibrium with any given conditions of humidity and temperature. Timber at equilibrium moisture content will neither gain nor lose moisture.

   Faces - Applied only to the two wider surfaces of a piece of sawn timber cf Edges. The term Better Face means the face with the less defects on it and Worse Face means the face with more defects on it.

   Face measure - The area in square metres on one face of a board.

   Flat Sawn - Timber converted so that the growth rings meet the face in any part at an angle of less than 45°.

   Flitch - A piece of timber, sawn or hewn, waney, bevel-edged or square-edged, not less than 100 mm thick (hardwoods 115 mm) and usually over 300 mm wide; generally cut clear of the pith and intended for further conversion.

   Flooring - Material for forming floors or the surface of floors.

   Frass - The excreta and wood tissue fragments produced by wood boring insects.

   Full sawn - Applied to timber which has been oversized to allow for shrinkage and which should therefore measure more than the nominal dimensions until the timber has been fully seasoned.

   Grader - Any person who is authorised by the Director of Natural Resources under section 10 of the Act to grade timber.

   Graded timber - Timber passed by an authorised grader as conforming to the quality of one of the Grades described in the Rules and as being Shipping-Dry and free from prohibited defects.

   Grain - The general direction or arrangement of the fibres.

   Sloping grain - A deviation of the grain (fibres) from the longitudinal axis of the timber when the deviation is in the same direction throughout the depth of the piece. Careful inspection is required to distinguish it from interlocked grain and from purely local grain distortion.

   Green timber - Timber which has been freshly sawn or which is only partially seasoned. Strictly refers to timber in which free water remains within the cells cf Seasoned.

   Hardwoods - A conventional term used to denote the timber from trees belonging to the botanical group the Angiosperms cf Softwoods.

   Heart - The central portion of a log including the pith and the adjacent wood that may be defective.

   Boxed heart - Sawn or hewn timber cut so that the heart with any associated defects falls entirely within the four surfaces throughout its length.

   Brittle heart - Wood near the heart is characterised by brashness (brittleness) caused by compression failures. Brittle heart is common in hardwoods of low density in the tropics and has its origin in compressive stresses in the growing tree.

   Spongy Heart - Syn. Brittle Heart.

   Heartwood - (Truewood). Timber from the inner portion of a tree in which the cells are dead and no longer engaged in sap condition and food storage. Heartwood may or may not be distinguishable by colour from sapwood but it is usually less liable to stain or wood-rotting fungal attack and may sometimes be distinguished by the presence of ingrowths into the pores (tyloses) or by deposits of gum.

   Hewn Timber - Timber which has been squared with an axe or adze not by saw cf Sawn timber.

   Interlocked grain - Grain in which the angle of the fibres is reversed in successive growth layers.

   Knot - A portion of a branch which has become embedded in the wood by the natural growth of the tree; the cross section of a knot is usually circular or oval in shape and it is measured by taking the mean of the longest and shortest diameters. Knots are classified as follows–

   (a)    Centre knot - Knot occurring wholly or partly within the middle half of the face of sawn timber;

   (b)    Edge knot - Knot occurring wholly or partly on the edge of sawn timber;

   (c)    Knot cluster - A group of two or more knots such that the wood fibres are defected around the entire group; and a group of single knots in not a knot cluster;

   (d)    Loose knot - A dead knot that is not held firmly in place;

   (e)    Margin knot - A knot occurring wholly or partially on the outer quarters of the face of sawn timber;

   (f)    Sound knot - A knot solid across its face and as hard as or harder than the surrounding wood to which it is firmly joined; it shows no indication of decay and is usually darker in colour than the surrounding wood;

   (g)    Splay knot - A knot sawn approximately parallel to its long axis so that the exposed section is definitely elongated;

   (h)    Unsound knot - A knot which is solid across its face or is softer than the surrounding wood due to decay or other defects.

   Log - A section crosscut from a tree or a branch of a tree. If a log is not further prepared than by removal of bark/or branches or protuberances it is known as a round log; if a log has been sawn or hewn to an approximately rectangular cross section it is known as a square log.

   Mark of origin - Registered Marks with the Director of Natural Resources by either–

   (a)   The sawmiller who produced the timber;

   (b)   The dealer or exporter of the timber.

   Moisture Content - (M.C.) The amount of water in wood expressed as a percentage of the wood's oven dry weight.

   Opening out - In respect of splits means the divergence of the split from the line parallel to the longitudinal axis of the piece.

   Oversize - The number of millimetres which exceeds the dimension required.

   Pin holes - cf Borer holes.

   Pith - The central core of a stem and some roots consisting chiefly of parenchyma of soft tissue (cf Heart).

   Plank - A piece of sawn timber more than 50 mm thick and not less than 150 mm in width whose thickness does not exceed half its width. cf Board, Scantling, Strip.

   Resin pockets - Cavities in wood which have become partially or wholly filled with solid or sem-solid resinous or gummy substance; also known as pitch pockets. Bark may also sometimes be present in the pocket. See Bark pocket.

   Rot - See decay.

   Sapwood - The outer layers of wood, which in the growing tree contained living cells and reserve materials such as starch. Frequently but not always, lighter in colour than the heartwood and sometime clearly differentiated from it. Sapwood is perishable but can be readily impregnated with preservatives. It is a defect unless the timber is to be pressure impregnated or unless it has been specified by the buyer (e.g. brown and white Muninga).

   Bright Sapwood - Sapwood free of stain or borer damage.

   Scantling - A piece of sawn timber of rectangular section more than 2 metres long, 5 0mm to 100 mm thick, and less than 150 mm wide. cf Strip, Board, Plank.

   Seasoned - Timber is fully air seasoned when the moisture content has dropped to the equilibrium moisture content of the local atmospheric conditions (in E.A. the equilibrium moisture content varies between 9 percent and 17 percent cf Green timber).

   Shake - an expression used to describe a split, crack or deep check. The following types are recognised:

   (a)    Compound shake - A combination of two or more types of shake;

   (b)    Cross shake - A shake in cross-grained timber following the grain;

   (c)    Felling shake - Any shake caused by felling;

   (d)    Ring shake - (Cup shake) - A shake following a growth zone or ring;

   (e)    Shell shake - Part of a ring shake showing on the surface of converted timber.

      Timber so applied is described as shelly;

   (f)   Star shake - See heart shake.

   Shipping-dry - (of timber) Sufficiently seasoned to prevent deterioration in transit. The expression "deterioration in transit" refers only to the behaviour of timber under normal conditions in covered railway wagons or in a ship's hold. Defects which may develop during shipment include warping, staining, decay and borer damage.

   Shipping mark - Different combination of signs or letters used by timber exporters, indicating consignee and destination to facilitate shipment.

   Shorts - Short lengths of sawn timber usually less than 2 metres long.

   Short holes - cf Borer holes.

   Shrinkage - The reduction in dimension or in volume of timber owing to a decrease in moisture content.

   Softwoods - A conventional term used to denote the timber from trees belong to the botanical group, the Gymnosperms. Commercial timbers of this group are practically confined to the class Coniferae (conifers) cf Hardwoods.

   Specification - Any or all of the details specified in a contract.

   Split - (Also known as shake) A longitudinal separation of the fibres which extend to the opposite face or adjoining edge of a piece of sawn timber. cf Check.

   Spring - Curvature of a piece of timber in the plane of its edge, known also as edge bend cf Bow, Cup.

   Stain - Discolouration or variation from natural colour due to fungi, chemical action or other causes (blue stain, brown stain).

   Blue Stain - commonest form of sapstain, producing a bluish discolouration caused by fungi.

   Brown stain - Discolouration, generally in the heart wood of hardwoods that sometimes occurs during seasoning.

   Sap stain - Discolouration without decomposition caused by fungi and confined to sapwood principally.

   Strip: 1. Softwood (a) A piece of timber less than 50 mm thick and less than 150 mm wide (Local usage); (b) A piece of square-sawn timber under 45 mm thick and under 100 mm wide (B.S.Definition).

   2. Hardwood - A piece of square-sawn timber 50 mm and under in thickness 50 mm to 140 mm wide cf Scantling.

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