CHAPTER 202
TOBACCO INDUSTRY ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Tobacco Regulations

REGULATIONS

THE TOBACCO REGULATIONS

TABLE OF CONTENTS

PART I
PRELIMINARY PROVISIONS

Regulation

Title

   1.   Citation.

   2.   Application.

   3.   Interpretation.

PART II
REGISTRATION OF GROWERS AND PROCESSORS

   4.   Growers to be registered by Board.

   5.   Penalty.

   6.   Registration of tobacco premises, factories etc.

   7.   De-registration of growers and processors.

   8.   Registered grower or processor to provide production and processing estimates.

   9.   Registration of a processing company.

   10.   Registered grower or processor to follow the rules and regulations.

PART III
PLANT PROTECTION RULES

   11.   Tobacco varieties to be grown in Tanzania.

   12.   Registration on tobacco seed importation, breeding, and multiplication.

   13.   Removal and disposal of field tobacco residue or refuse.

   14.   Period for sowing seeds and planting tobacco.

   15.   Sanitary measures for tobacco premises.

   16.   Restriction on intercropping.

   17.   Approval of tobacco agrochemicals.

   18.   Storage and transportation of tobacco.

PART IV
CONTRACT FARMING

   19.   Minimum farming contract period.

   20.   Crop activity calendar.

   21.   [Omitted.]

   22.   Buyer's report.

   23.   Restriction of use of tobacco agrochemical seed variety etc.

   24.   Tree nurseries to be established.

PART V
MARKETING PROCEDURES

   25.   Buyers to obtain buying permits.

   26.   Classification of tobacco.

   27.   Conditions on the classification of tobacco.

   28.   Tobacco bales.

   29.   Grading and baling supervision.

   30.   Transport of tobacco to market centre.

   31.   Bale labelling.

   32.   Tobacco inspection for classification.

   33.   Restriction on tobacco classification.

   34.   Growers to negotiate prices for each grade.

   35.   Purchase contract.

   36.   Standard primary business documents.

   37.   Growers prices negotiations and determination.

   38.   Nesting of tobacco.

   39.   Substandard tobacco to be rejected.

   40.   Grower's payment according to contract.

   41.   Transportation expenses.

   42.   Restriction to process tobacco.

   43.   Domestic and export market procedures.

   44.   Final arbitrator.

   45.   Record for processed tobacco sales.

   46.   Farms for certified tobacco seeds.

PART VI
TOBACCO INSPECTORS

   47.   Powers of tobacco inspector.

   48.   Board to appoint inspector.

   49.   Tobacco crop inspection.

PART VII
LICENCE AND FEES

   50.   Board to issue or revoke licences.

   51.   Regulatory fee.

PART VIII
GENERAL PROVISIONS

   52.   Aggrieved person to appeal to Minister.

   53.   General penalty.

   54.   [Revocation of G.N. No. 68 of 1997.]

SCHEDULES

THE TOBACCO REGULATIONS

[1st April, 2000]

G.N. No. 296 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1.   Citation

   These Regulations may be cited as the Tobacco Regulations.

2.   Application

   (1) These Regulations shall apply in the regions specified in the First Schedule to this Regulations.

   (2) The Director may add or subtract regions or areas in which these Regulations shall apply.

3.   Interpretation

   In these Regulations, unless the context requires otherwise–

   "Association" means an association formed and registered under the Societies Act *;

   "Board" means the Tanzania Tobacco Board established by section 3 of the Tobacco Industry Act *;

   "Director" means the chief agricultural official responsible for agriculture or crop development in the Ministry;

   "inspector" means any officer authorised by the Board to act as an inspector in accordance with the provisions of these Regulations;

   "member grower" means an individual farmer growing and selling tobacco under grower's registration;

   "Minister" means the Minister responsible for agriculture matters;

   "Ministry" means the Ministry of Agriculture;

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

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

   "tobacco" means the leaves of a plant of species of Nicotiana in any leaf form usually accepted by manufacturers of tobacco for conversion into consumption; and includes all other tobacco products;

   "tobacco buyer" means–

   (a)   any person or group of persons licensed to buy tobacco from growers for sale or processing;

   (b)   any person or group of persons buying tobacco from the sales floor at the factories for domestic or export market;

   "tobacco grower" means a primary co-operative society, an association or an individual person registered by the Board to grow tobacco;

   "tobacco nematodes" means any organism belonging to the family of nematodes which are imitable to tobacco growth;

   "tobacco pest" means tobacco beetle (Lasioderma serricornea F.), the tobacco moth (Ephasitaclulella h.b.) and any other insect organism declared to be a pest of tobacco;

   "tobacco premises" means any land, buildings, factory, erection, vehicle, article or receptacle used for the purpose of growing, sorting, manufacturing, transporting or in any way connected with the handling of tobacco or other plants or products liable to be infected by a pest of tobacco.

PART II
REGISTRATION OF GROWERS AND PROCESSORS (regs 4-10)

4.   Growers to be registered by Board

   (1) No person shall grow tobacco unless he is registered by the Board under a Primary Co-operative Society or an Association or as an individual medium or large scale farmer.

   (2) No person shall sell tobacco in the field unless he grows the tobacco under registration.

   (3) Prior to registration the grower shall provide the following information to the Board–

   (a)   his name, in the case of a primary society and the names of member growers if it is an Association;

   (b)   types of tobacco to be produced and areas to be put under production in that year of application;

   (c)   curing barn space available for the estimated tobacco to be produced;

   (d)   production estimates, input stocks and additional inputs required in that year of application.

5.   Penalty

   Any person who contravenes subregulation (1) of regulation 4 commits an offence and upon conviction is liable to the following sentences namely–

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