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

Arusha Region ... ... ... ... ... ... ... ... ...

Namanga

Coast Region ... ... ... ... ... ... ... ... ...

Bagamoyo, Mafia

Dar-es-Salaam Region ... ... ... ... ... ...

Dar es Salaam International Airport Dar es Salaam Port

Kagera Region ... ... ... ... ... ... ... ...

Kyaka/Mtukula, Rusumo Falls, Kabanga, Kemondo Bay

Kigoma Region ... ... ... ... ... ... ... ...

Mabamba Manyovu, Kigoma Port

Kilimanjaro Region ... ... ... ... ... ... ...

Kilimanjaro International Airport, Tarakea, Holili

Lindi Region ... ... ... ... ... ... ... ... ...

Lindi Port, Lindi Airport

Mara Region ... ... ... ... ... ... ... ... ...

Sirari, Shirati, Borongonja

Mbeya Region ... ... ... ... ... ... ... ... ...

Kyela/Itungi, Kasumulu, Tunduma

Mtwara Region ... ... ... ... ... ... ... ... ...

Mtwara Port, Mtwara Airport

Mwanza Region ... ... ... ... ... ... ... ...

Mwanza North, Mwanza South, Mwanza Airport

Rukwa Region ... ... ... ... ... ... ... ... ...

Kusesya, Mpulungu, Kipili

Tanga Region ... ... ... ... ... ... ... ... ...

Horohoro, Tanga Port, Tanga Airport, Pangani

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

Serial No. .................................................

(In Quadruplicate)

PART A.

Name of registered food importer ........................................................................................
Registration No. ..................................... Postal address ...................................................
................................................................................................ Tel. .................................

Name of Director/Manager .......................................................... Tel. ................................
Exporting Country .......................................................................

Exporter/Sender ...............................................................................................................
Approximate date of arrival ..............................
Arrival expected by ship/air/motor vehicle, via .........................................................

I/we hereby apply for permission to import the following registered food items in accordance with the above-mentioned Act and Regulations made thereunder:

Food Item and Brand Name

Reg. No.

Packing Unit

Quantity required (Litre/Kg.)

Name of ingred-
ients and percent-
age

Used as

Pack-
aging Material

Quality Specifi-
cations

For Official use only


Date: .................................................

.........................................................
Signature and Stamp
of Applicant

PART B.

Permission is hereby granted/not granted 1 to import food item(s) marked “approved/not approved" in the last column above. The importer has to call in the Port Health Officer to have the approved foods examined for fitness for human consumption before being allowed entry into Tanzania.

Date: ....................................................

...........................................................
Registrar
National Food Control Commission

PART C.

I ............................................................................................ being an authorised officer at
........................................................ Port Health Office have examined the above-listed food item(s) and have found the food(s) fit/not fit 2 for human consumption hence allowed/not allowed 3 entry into Tanzania.

Date: ....................................................

...........................................................
Signature and Stamp
of Port Health Officer

cc   The Bank of Tanzania,
Import Licensing Department.
P.O. Box 2339,
DAR ES SALAAM

(The Port Health Officer has to return an immediately completed copy of this permit together with a release Certificate to the Commission Head Officer.)

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)

To Authorised Officer,
.......................................................................
.......................................................................

   I/We hereby apply for registration of my/our existing/new food premises in accordance with the Food (Control of Quality) Act, and Regulations made thereunder as follows:

   1.   Name of applicant .............................................................................................

   2.   Postal address .................................................................................................

   3.   Full names of partners and/director ....................................................................
.......................................................................................................................

   4.   Situation of premises .......................................................................................

   5.   Building Plan Number .................................... Approved ...................................
by ............................................................................ owned by ......................

   6.   Premises to be registered...............................................................................

   7.   Existing Licence No. ......................... dated ................................ expiring on ..................... issued by ..............................

   8.   My/Our financial resources committed for this business amount to Shs. .................. and my/our ...................... current business's annual profit is Shs. .....................

   9.   If my/our premises are registered and licensed I/We shall keep them clean and in good repair as required under the above-mentioned Act and Regulations made thereunder.

   10.   I/We have not been convicted of an offence relating to food quality within twelve months immediately preceding this application and have/have not been disqualified from holding a licence and my/our licence is/is not suspended.


N.B. – False declaration constitutes an offence.

Date: ..........................................

Signed ..............................................
      Applicant

For:Official use Only
      Granted/Not granted

...........................................
Authorised Officer

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

To the Registrar,
National Food Control,
Commission.

   I/We hereby apply for renewal of/a new licence to manufacture, sell, pack, store, or display ........................................................................................................................ in accordance with the above-mentioned Act and Regulations made thereunder as follows:

1.   Name of applicant .......................................................................................................

2.   Postal address ...........................................................................................................

3.   Full name(s) of director(s) or partners ...........................................................................

4.   Situation of registered premises ...................................................................................

(State Plot, Block or Village and frontage)

5.   Business for which building was originally meant ...........................................................
.................................................................................................................................

6.   Existing occupation/business ......................................................................................

7.   Licence No. .................... dated ........................ Issued by .........................................
Expiring on .......................... Ministry of Industry Registration Certificate No. .................
Dated ................................

8.   Premises registration number ............................................... dated ............................

9.   Applicants financial resources Committed for this business amount to Shs. ................

DECLARATION

   I/We have not been convicted of an offence relating to food quality within twelve months immediately preceding this application and have/have not been disqualified from holding a licence and my/our licence is/is not suspended.

Date ..........................................

Signed ...........................................
Applicant

Fee paid Shs. ...................... on Receipt No. .......................... Date ...........................

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:

NAME OF FOOD ETC.

COMPOSITION

QUALITY SPECIFICATION

Item No.

Food Item

Pack-
aging Unit

Chemical- Scientific Name of Ingredients

Per-
cent Ingred-
ients

Used as/ for

Pack-
aging Mater-
ial

Food Standard applic-
able

Shelf Life

For
Office
use

   NB: Food not shown and approved in this form shall not be allowed to be manufactured, sold, stored or displayed 1 under the licence sought

Date .......................................

Signed .......................................
Applicant

PART III
PREMISES REGISTRATION REPORT TO THE COMMISSION

Licence No. ....................................

   To the Registrar,
National Food Control Commission.

   1.   Name of authorised officer ...................................................................................

   2.   Designation .......................................................................................................

   3.   Name of employer ..............................................................................................

   4.   Postal address of employer .................................................................................

   5.   Telephone Number .............................................................................................

   6.   Situation of premises ..........................................................................................

   7.   Plan No. ............................................ Approved by ............................................

   8.   Building originally intended to be used as .............................................................

   9.   Registered for use as ..........................................................................................

   10.   Inspected by me on ..................................................... because of .....................
.........................................................................................................................

   11.   I have therefore registered/not registered the above mentioned premises as ............................................. under the Food (Control of Quality) Act, and Regulations made thereunder .

   12.   Registration Number .................... Dated ..................... Signed ...........................

   Date sent .............................................

.......................................................
Authorised Officer

   For:   Official Use only:
Licence granted/not granted.

   Date ...................................................

.......................................................
Registrar
National Food Control 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.

Activity

Rate of fees to be paid

   (a)   Application for registration of food premises ... ... ... ... ... ... ...

Shs. 100

   (b)   Application for licence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Shs. 200

   (c)   Fees for licence as stipulated under subsection (3) of section 10 shall be the same as for fees payable in respect of business licence being sought.

SECOND SCHEDULE
FEES

(Regulations 2 and 4(1))

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

Activity

Rate of fees to be paid
Shs.

   (a)   Application for registration of food premises ... ... ... ... ... ... ... ...

1000/=

   (b)   Registration Certificate ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

5000/=

   (c)   Application for Licence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

2000/=

   (d)   Licence fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

5000/=

   (e)   Application for registration of food and food importer ... ... ... ... ..

1000/=

   (f)   Duplicate Licence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

1000/=

   (g)   Duplicate Registration Certificate ... ... ... ... ... ... ... ... ... ... ... ...

1000/=

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

No. ............................................................. of ...........................................................

SAMPLING NOTIFICATION AND RECEIPT

Act No. 10 of 1978 Regulation 3 of Treatment and Disposal of Unfit Food Regulations.

To   .........................................................
   .........................................................
   .........................................................

I have this ......................... day of ............................... taken/procured/purchased sample of .....................................................................................................................................
from the premises of .......................................................................................................
situated at .....................................................................................................................
under powers vested in me as authorised officer under section 39 of the Food (Control of Quality) Act, 1978 and if I consider it necessary, will have the same analysed or examined by the Government Analyst.

Details of the food article sampled with quality or number
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................

Date .................................................

Place ...........................................................................................................................

Name of Authorised Officer
....................................................

Signature of Authorised Officer
....................................................

...................................................
Name/Signature of Owner/Agent

Title of Authorised Officer
....................................................

Address of Authorised Officer
...................................................
...................................................

CERTIFICATE OF VOLUNTARY SURRENDER OF FOODSTUFFS

NATIONAL FOOD CONTROL COMMISSION

PART 'A'

FOOD ARTICLE(S)

DESCRIPTIVE MARKS

REMARKS OF AUTHORISED OFFICER







PART 'B'

I hereby voluntarily surrender the above named food article(s) to the authorised officer for examination and disposal as he/she deems fit.

Date .....................................

...............................................
Authorised Officer

PART 'C'

I certify that I have examined the above named food article(s) and am of the opinion that it is/they are unsound and unfit for human consumption due to the facts stated above and hereby condemn it/them and destroy/dispose it/them by ............................................. under my supervision.

Date .....................................

...............................................
Authorised Officer

SEIZURE CERTIFICATE A

(To be used in case of seizure of food articles where the food articles are to be removed from the premises of vendor)

To (Name and Address of Vendor)
...................................................
...................................................
...................................................

whereas I have reason to believe that the stock of food articles detailed below which is in your possession at the premises of
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
situated at ....................................................................................................................
contravenes the provisions of the Food (Control of Quality) Act 1978.

Now therefore, I ......................................................................................................
as an authorised officer hereby seize the said food articles under the provisions of section ........................... of the said Act.

Details of food articles seized
with quantity and/or number

Reasons for seizure

..............................................

....................................................

..............................................

....................................................

..............................................

....................................................

..............................................

....................................................

If you consent to the destruction or disposal of the food articles seized as mentioned above as I direct, you should sign your name to the following voluntary declaration and return the original of this certificate to me.

Date ....................................

....................................................
Signed: Name, Designation and
address of Authorised Officer in
block letters

I consent to the destruction or disposal of the food articles seized and mentioned above.

Date ....................................

....................................................
Signed: owner/his agents in
possession

SEIZURE CERTIFICATE B

To (Name and address of the vendor)
....................................................
....................................................

Whereas I have reason to believe that the stock of food articles detailed below which is in your possession at the premises of
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
situated at ...................................................................................................................
....................................................................................................................................
contravenes the provisions of the Food (Control of Quality) Act * and these Regulations.

Now, therefore, I ................................................................................... as an authorised officer hereby seize the said articles under the provisions of section..........of the said Act, and direct you to keep the said sealed stock in safe custody subject to such orders as may be issued subsequently in relation thereto.

Be it known to you that removal or alteration or interference in any way with the said food articles without my authority is an offence under section ...................... of the said Act.

Details of food articles seized with quantities and or number

Reasons for seizures

...................................................

..........................................................

...................................................

..........................................................

...................................................

..........................................................

I hereby further order you to sign your name on this seizure certificate as a declaration of your acknowledgement of receipt of this certificate with the said food articles intact as mentioned above.

Date ...............................

..........................................................
Signed: Food Vendor

CERTIFICATE OF COMPULSORY CONDEMNATION OF FOODSTUFF

NATIONAL FOOD CONTROL COMMISSION

PART 'A'

FOOD ARTICLE(S)

DESCRIPTIVE MARKS

REMARKS OF AUTHORISED OFFICER



PART 'B'

I certify that I have examined the above named food article(s) and am of the opinion that it is/they are unsound and unfit for human consumption due to the reasons stated above and hereby recommend that the said food(s) be condemned and destroyed or otherwise disposed of by order of the magistrate.

Date .....................................

...............................................
Authorised Officer

PART 'C'

I certify that I have examined the above named food article(s) and, being of the opinion that it is/they are unfit for human consumption, hereby condemn it/them and order it/them to be destroyed/disposed of by:
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................

Date .....................................

...............................................
Magistrate

PART 'D'

I certify that the above named food article(s) has/have been destroyed/disposed of as ordered under my supervision.

Date .....................................

...............................................
Authorised Officer

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))

To: The Authorised Officer ..................................................... District/Town/City Municipal.

   I hereby apply for a Licence to Transport Meat under the Food (Control of Quality) (Transport of Meat) Regulations, 1993.

.Name of applicant ........................................................................................................
....................................................................................................................................
(Name of Person, Firm, Company, etc. to be inserted)

Full names of Partners, Directors or Officer of Company responsible for transport of meat ....................................................................................................................................

Description (Type and capacity) of carrier ........................................................................

Registration No. of carrier ..............................................................................................

Postal Address of Applicant ...........................................................................................

Date .......................................................

Application fees paid ...............................

Date of Receipt .......................................

..............................................
Signature of Applicant

PART II
MEAT TRANSPORT LICENCE

UNITED REPUBLIC OF TANZANIA

(Regulation 4(2))

To: Meat Transport Licence No. ......................................................................................

   Name and address of the owner .................................................................................
...............................................................................................................................

   This licence is issued in respect of ............................................................................
...............................................................................................................................
(Description and registration marks of the carrier and container)

   Date of Issue ...........................................................................................................

   Fees paid ......................... Receipt No. .......................... of ......................... 20........

   This licence expires on the .......................................................................................

Signed by ........................................
Authorised Officer

PART III
MEAT MOVEMENT PERMIT

UNITED REPUBLIC OF TANZANIA

(Regulation 7 and 8)

   Permission is hereby granted/not granted to transport meat described below–

Type ...........................................................................................................................

Quantity/No. ................................................................................................................
...................................................................................................................................

From ...................................................................... to ................................................

Meat Transport Licence No. ..........................................................................................

No. of carriers permit ................................. Reg. No. of carrier .......................................

Name of Driver .............................................................................................................

Names of Attendants ....................................................................................................

Date and time of departure ............................................................................................

Date of Issue ...............................................................................................................

..............................................
Authorised Officer

PART IV
STANDARDS OF HYGIENE IN THE TRANSPORT OF MEAT

(Regulation 8)

1.

No other products except those listed in Part III of this Schedule shall be transported in a carrier or container in which meat is transported.

2.

Livestock, live animals and dead or slaughtered carcasses not flayed and eviscerated shall not be transported in a carrier or container in respect of which a permit has been issued.

3.

Meat shall be placed in such a manner that it shall not be in direct contact with the floor of a carrier.

4.

Organs, such as liver, heart, brains, lungs, kidneys and clean tripe shall be transported in receptacles, which are water tight and which can be easily cleaned and disinfected unless they are frozen, in which case they may be transported in cartons or heavy paper wrapping or plastic bags or other approved packing materials.

5.

Rough tripe intestines or other parts of an animal which may contaminate other meat or may have an offensive odour shall be transported in receptacles which are watertight and are easily cleaned and disinfected and which have close fitting lids so secured as not to fall off during transportation.

6.

Any person who, during any loading or unloading of meat, handles meat, shall before such handling, wash his hands and other exposed parts of his body in clean disinfectants, and shall during loading or unloading be wearing clean protective clothing which covers the parts of his body with the exception of his hands which may come into contact with the meat, and the said clothing must not be worn during the actual transport by either the driver or any attendant.

7.

No person shall be allowed to stay in the compartment where meat is kept during transport.

8.

Any carrier or container shall, before it is loaded with meat be thoroughly washed using an approved detergent and shall thereafter be rinsed with clean potable water.

9.

Meat handling equipment and containers, such as hooks, shelves, racks and receptacles shall be thoroughly washed in detergent and rinsed in clean potable water.

10.

The following detergents are approved for use in carriers or containers–

(a)   Sodium bicarbonate;

(b)   Sodium carbonate (soda ash);

(c)   Trisodium phosphate;

(d)   Soap; or

(e)   Synthetic detergents (wetting agents).

11.

The following sanitizing agents in the following maximum concentrations are approved for use in the carrier or containers as a rinser–

(a)   Quaternary ammonium compounds ..................................................

50ppm

(b)   Aqueous solution of Iodine ............................................................

50ppm

(c)   Sodium hypochlorite ......................................................................

50ppm

(d)   Chloramine T .................................................................................

50ppm

12.

The engine of a carrier shall not be allowed to run whilst loading or unloading is in process and all doors and lids shall be securely closed before the engine is started.

13.

Fuelling of carriers shall not take place whilst the doors or the lids of a carrier are open.

PART V
GENERAL REQUIREMENTS OF CONSTRUCTION OF CONTAINER

(Regulation 6)

1.

The walls, ceiling and floor, of the compartment in which the meat is kept shall be made from smooth, crack and corrosion resistant material, which is impermeable to water and be of a light colour and easily cleaned and disinfected.

2.

The compartment in which the meat is carried shall be dustproof and watertight and its doors and lids be fitted so as to be dustproof and watertight.

3.

Ventilation inlets and drainage outlets of the space of the carrier in which meat is contained shall be equipped with dust filters.

4.

   (1) For the transportation of carcass meat, whether in whole, carcass sides, quarters or boned out meat, rails and shelves shall be used and constructed as follows–

   (a)   rails – the hooks shall be of such a construction as to prevent the meat from falling down during transportation; minimum rail spacing for hindquarters and bone-out meat shall be 40 centimetres and for forequarters 35 centimetres; minimum space between rails shall be 60cm. Hanging meat shall have a minimum clear space of 5cm.

   (b)   shelves or racks – these shall be made from rust- and corrosion-resistant material and be easy to dismantle and clean; the lowest shelf or rack shall not be less than 5cm from the floor and there shall be a free space of not less than 5cm between the meat in a fully loaded shelf or rack and the next shelf or rack or the ceiling respectively; the shelves or racks shall not extend nearer to any wall than 5cm.

   (2) Other meat shall be transported in accordance with paragraph 3 and 4 of Part IV of this Schedule.

5.

Frozen meat, packed in cartons or boxes, may be stacked on top of each other; and frozen carcasses meat may, if properly packed in suitable packing material, be stacked.

6.

Carriers or containers used for the transport of meat shall be painted and marked as follows–

   Vehicle – the entire vehicle shall be painted white and there shall be a red strip, of width 30cm painted along the centre line of the vehicle on both sides. On the rear shall be displayed in red the legend MEAT or the Swahili translation NYAMA in block letters not less than 20cm high. Other legends in the form of advertising, name of proprietor or other labels may be displayed on the carrier if they are placed not closer than 60cms to the word MEAT or NYAMA.

PART VI
SPECIFIC REQUIREMENTS FOR TRANSPORT OF MEAT

(Regulation 4(2))

1.

Meat shall be transported in less than 50km or two hours' duration in non-insulated vehicles provided that they are fitted with subprotection in the form of a double roof, the components of which shall be not less than 4cm apart. Carriers of this type shall be fitted with a rooftop rotating ventilator and air outlets to provide for adequate ventilation.

2.

Meat shall be transported in less than 200km or four hours' duration in insulated carriers, the insulation being such as to allow only maximum increase in meat temperature of 1°C per hour.

3.

Meat shall be transported in more, or more than four hours' duration in insulated carriers equipped with mechanical refrigeration or otherwise being refrigerated sufficiently to maintain the chilling temperature of 4ºC.

4.

Meat may be transported in containers in the form of detachable compartments, boxes or other receptacles constructed according to Part V. Such containers shall at all times be protected from direct sunlight and be placed on the vehicle in such a fashion that other products carried on the same carrier can under no circumstances contaminate the contents of the container when this is open.

PART VII
LICENCE AND INSPECTION FEES FOR MEAT CARRIERS

(Regulation 4(I)

Service

Fees to be charged

(1)   Licence

5,000/= per annum

(2)   Inspection of carriers

(a)   200/=   per day for carriers with tonnage of one ton or above.

(b)   100/=   per day for carriers below one ton including hand driven carts.

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.

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