CHAPTER 378 THE FERTILIZERS ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections OAG f n o Section Title io iss part i erm p PRELIMINARY PROVISIONS ut ith o 1. Short title. d w 2. Interpretation. ute trib dis part ii or ADMINISTRATION d uc e 3. Establishment and functions of Tanzania Fertilizer R d perogulatory Authority. 4. Functions of Authority. e be r 5. Establishment, powers and duties of Board. ay 6. Composition, functions and procedures oofk B moard. 7. Appointment of Executive Director. bois th rt o f a part iii REGISTRATIONo pAND ISSUANCE OF LICENCES N (a) Re d. vgeistration of fertilizer sterilising plant r 8. Registration of ferteilsi ezers and sterilising plants. 9. Application forh res grt istration. 10. Cancellationll ra ignd suspension of registration. 11. Proceduiare. Afor cancellation or suspension of registration. 12. Availaabnz ility, lapse and return of certificate of registration. an of T (b) Licensing of fertilizers dealers t 1m3e. n Restriction for dealing with fertilizer and sterilising plant. rn ve 14. Suspension and cancellation of licences. Go 15. Maintenance of register. 02 5 16. Licences not transferable. ©2 17. Replacement of lost licences. 355 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] part iv MANUFACTURING, IMPORTATION AND TRADING IN FERTILIZER OR FERTILIZER SUPPLEMENTS 18. Registration of premises. 19. Sale of fertilizer or fertilizer supplements. G. 20. Manufacture and sale of fertilizers containing certain substances. OA f 21. Importation of fertilizer and fertilizer supplements. ion o 22. Director to keep records. iss 23. Use of local materials for fertilizer manufacturing. rm ut pe 24. Fertilizer dealers to keep records. ho 25. Permit for importation and exportation of fertilizer and fertilizer supple mw itents. 26. Cancellation of permit. d ute 27. Conditions for granting licence or permits. tribis 28. Prohibition for dealing with unregistered and substandard feorrt i dlizer. 29. Packiging and labeling. ce d 30. Adulterated fertilizer. rod u 31. Restriction on storage and application of fertilizer.repe y b part v m a FERTILIZER INSPECTION, SAoMokPLING AND ANALYSIS b 32. Fertilizer quality control. th is 33. Appointment of inspectors and rat noa f lysts. 34. Powers of inspectors. o p a 35. Control of substandard fde.r t Nilizer. 36. Analysis and restrictieornv e for tempering with sample. es hts r g part vi i All r APPEALS 37. Appealsi aa.n gainst decision of inspector, analyst or Director. 38. He a aanr zing of appeal. f T t o en part vii rnm FINANCIAL PROVISIONS ve G o 39. Funds and resources of Authority. 5 02 40. Accounts and audit. ©2 part viii GENERAL OFFENCES AND PENALTIES 41. Offences and penalties. 42. Compounding of offences. 356 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] 43. Compensation for damage. 44. Offences by body corporate or firm. 45. Evidence and procedure. 46. Burden of proof. G. part ix A O MISCELLANEOUS PROVISIONS n o f io 47. Indemnity. iss 48. Exempted sales. erm p 49. Recoverable costs. ut ho 50. Expenses for destruction of fertilizer and fertilizer t w i supplements. d ute 51. Notification of order and directions. tribs 52. Exemption, restriction and prohibition. di 53. Power to make regulations. d o r e 54. Transitional provisions. c rod u 55. Repeal. p e r e SCHEDULE ay b k m bo o f th is rt o pa . N o ed se rv re hts ll r ig . A an ia nz Ta t o f en ern m ov 5 G 20 2 © 357 CHAPTER 378 THE FERTILIZERS ACT . An Act to make provisions for regulation of manufacturing, importation, AG exportation, sale and utilisation of agricultural fertilizers, to repeal the f O n o Fertilizers and Animal Food Stuffs Act, Act No. 19 of 1962 and to proviidsse io for other related matters. ermp [1st Augouus tt , 2009] [GN. No.w 2i t7h9 of 2009] Acts Nos. ed 9 of 2009 bu t 4 of 2014 i str 3 of 2020 r d i 5 of 2022 d o uc e rod re p PAR bTey I PRELIMINAk Rm a Y PROVISIONS bo o is Short title 1. This Act may be ciotfe thd as the Fertilizers Act. art p Interpretation 2. In this Act, u Nnol ess the context otherwise requires- “advertisemve dn.t” includes any statement, picture, design or device-se r re (a)g htspublished in any newspaper or other publication in All r i general circulation to the public; or . nia (b) contained in any publication or any other matter in za an any form which is distributed to members of the public of T t through the public or brought to the public in any other n me manner; rn ve “analyst” means a person appointed or designated as an 5 G o analyst pursuant to section 33; 20 2 © “Authority” means Tanzania Fertilizer Regulatory Authority established under section 3; “brand” means a representation of kind, any distinctive mark or trade name, other than a name or grade required by this Act, applied by the fertilizer dealer to a fertilizer 358 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] or fertilizer supplement to distinguish it from any other fertilizer or fertilizer supplement; “Board” means the Board of the Authority as established under section 5; . “bulk fertilizer” means a fertilizer or fertilizer supplement OAG distributed in large quantity in non-packaged form; n o f “Director” means the Executive Director of the Tanzanisisa io Fertilizer Regulatory Authority appointed under sectpieo rmn 7; “discharge” means emission or exposure of fertioluiz t er or fertilizer supplement into environment; ith d w “distribute” means import, export, consign,b um te anufacture, blend, sale, offer for sale, and any other tr dfisori m of exchange or supply of fertilizer or fertilizer sup porl d ements; “environment” includes the phydsui cceal factors of the surroundings of human beingse,p i roncluding air, land, water, climate, sound, light, odou rb,e rtaste, micro-organism, the biological factors of anim ma alys and plants, cultural resources and the social economboi ock factor of aesthetics and includes both the natural a n s thid the built environment and the way they interact; f rt o “fertilizer” meaon ps a any substance or mixture of substances, containinegd . None or more of nitrogen, phosphorus, potassisuerm v or other elements represented for use as a e souhrtsc re of plant nutrients; “ferllt rii glizer business” means a business dealing in import, a. A i export, manufacture, blending, distribute or sale of an nz fertilizer, or fertilizer supplements; f T a o “fertilizer dealer” means any person operating a business en t that is engaged in the manufacturing, handling, storage, ern m importation, exportation, distribution or sale of fertilizer ov G or fertilizer supplements; 5 20 2 “fertilizer supplement” means any substance or mixture of © substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields; 359 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] “grade” means available plant nutrient contents in the fertilizer expressed in terms of percentage; “guaranteed analysis” means the minimum percentage of plant nutrients in a fertilizer or fertilizer supplements; . “inspector” means a person appointed or designated as an OAG inspector pursuant to section 33; of n “label” includes any legend, description, mark, symbol iossr io design applied or attached to, included in, belonginermp g to or accompanying any fertilizer or fertilizer supp t oulement or package; ith d w “labelling” means any written, printed, or gbru taephic matter accompanying any fertilizer or fertilizedri ss trui pplements, or advertisements, brochure or poster; or d “manufacture” means operations invdoul cveed in the production, preparation, processing, compre poounding, formulating, filling, transformation, p baec rkaging, re-packing and labelling of fertilizer or f emratyilizer supplements; “manufacturer” means bao okperson who produces, prepares, processes, compo s tuh inds, formulates, fills, transforms, packages, re-pa f rtc oks and labels a fertilizer or fertilizer supplements; a No p “Minister” mde. e ans the Minister responsible for agriculture; “premises rv s”e includes any land, building or any part structure, e vehhitsc rle, basement and vessel, or receptacle whatsoever fllo rir g the purpose of manufacturing, selling, transporting A ia. or in any way connected with the handling or storage of an nz fertilizer or fertilizer supplements; a of T “package” includes a sack, bag, or any other container in nt e which fertilizer or fertilizer supplements is placed or rnme packed; ov G “sell” includes agree to sell, or to offer, advertise, keep, 25 20 expose, transmit, convey, deliver or manufacture for © sale or to exchange or to dispose of to any person in any manner for any consideration whatever, or to transmit, convey or deliver in pursuance sale, exchange or disposal as aforesaid; and ‘sale’ has a corresponding meaning; 360 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] “sample” means a representative amount of fertilizer or fertilizer supplements drawn randomly for analysis; “sterilising plant” means a plant used for sterilising of bones or other substances derived from cattle, members of the . horse family, sheep, goats, pigs, poultry or ostriches, of OAG any age, or from any vertebrate or invertebrate specified n o f by the Minister by notice in the Gazette; io iss “standard” means conditions governing specification, spae rfmety, description, sampling, testing method, code of practicoue t or any other quality aspect relating to or connected wi thi th w fertiliser d manufacturing or marketing or marketinbgu t e of fertilizer Cap. 130 supplements as may be recognised under dtih i ster Standards Act; “sub-standard fertilizer” means any fert r dil oizer which does not conform to the standard provided ce du for under this Act; “tampered package” means a packeapg roe whose quality, quantity and content has been altere dbe; rand “tampered sample” means a a m say mple of fertilizer supplement which has been changedokbo , altered, varied or destroyed with an intention to def trha isu d, cheat or misrepresent the truth. of pa rt PART II . N o rve d ADMINISTRATION res e Establishment 3.–(1)h tThs ere is established an authority to be known as the and functions g of Tanzania TaAnlz ril ania Fertilizer Regulatory Authority or in its acronym Fertilizer n“iaT . FRA”. Regulatory za Authority an (2) The Authority established under subsection (1) shall be f T t o a body corporate and shall- men (a) have capacity to sue and be sued on its own name; ernv (b) have perpetual succession and a common seal which 5 G o shall be authenticated by the signature of the Director 20 2 © or in his absence any person acting on his behalf authorised by him in writing; (c) be capable of entering into contracts in its own name; and (d) be capable of purchasing or acquiring any movable and immovable property. 361 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Functions of 4.–(1) The Authority shall be the regulatory body in the Authority Act No. fertilizers industry and shall in particular - 3 of 2020 s. 29 (a) regulate all matters relating to quality of fertilizers, fertilizer supplements and sterilising plants; . (b) register all fertilizer and fertilizer supplements dealers OAG and their premises; n o f (c) licence fertilizer dealers; io iss (d) issue permits for importation and exportatio rm pen of fertilizer and fertilizers supplements; t ou (e) maintain a register of fertilizers, fertilizer suwpi pthlements, d sterilising plants and manufacturing plabnu ttes; (f) maintain and publish periodically a r i deisg trister of fertilizer dealers; or d (g) implement ratified Internationdua cle Conventions relating to fertilizers; proe (h) regulate and control e r b the import, production, transportation, deal min ayg, storage, and disposal of fertilizer or fertilizeorkbo supplements; (i) collect, mainta is thin and publish information related to fertilizers anrtd o ffertilizer supplement; (j) make guo ipd aelines on the sound management and effect . eidve N control of fertilizers and fertilizer supplements; (k) in rv sceollaboration with local authorities, conduct public e htse rducational campaigns on the sound application and rigll management of fertilizers and fertilizer supplements; A ia. (l) conduct regular training of stakeholders on fertilizer n nz a matters; Ta of (m) register inspectors and analysts; nt e (n) inspect or cause to be inspected fertilizer or fertilizer m ern supplements for quality assurance; v G o (o) implement policies, strategies and programmes relating 25 20 to fertilizer industry development; © (p) provide technical advice to the government and other institutions on all matters relating to the fertilizer and fertilizer supplements management and control; (q) conduct or cause to be conducted research relating to fertilizers and fertilizer supplements; 362 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (r) foster co-operation between the institute and other institutions or organisations and stakeholders; (s) collaborate with the national and international organisations on all matters relating to the fertilizer . and fertilizer supplement; OAG (t) implement specific and general directives of the f n o Authority; siois (u) regulate fertilizer price based on the approppe rmiate methods as shall be set out in the regulations; ut o (v) specify appropriate methods or system of imitph w ortation d and exportation of fertilizer and fertilizebru tseupplements; (w) carry out any other functions as m tri disay be conferred upon it in the performance of itsd f ou r nctions under this Act; and uc e d Cap. 191 (x) ensure that it adheres epw roith the Environmental Management Act. be r (2) The Authority shall ay nmot engage directly or indirectly in any trade or busines k bos o connected with the production, processing, importatio is thn, sale or distribution of any fertilizer or fertilizer supplem f rt oent. o p a Establishment, 5.–(1) There ids. Nestablished a Board of the Authority in which powers and duties of Board powers to scear vrery out functions and management of the business Act No. and afftasi rr es of the Authority shall be vested. 3 of 2020 s. 30 (l2 h ri)g In particular and without prejudice to the generality of l siau. Absection (1), the Board shall have power to- n za (a) administer the properties of the Authority, both Tan movable and immovable; t o f en (b) administer the funds and other assets of the Authority; m ern (c) signify the acts of the Authority by use of the official Gov seal; 02 5 (d) on behalf of the Authority, to receive fees, donations, ©2 grant or other moneys; (e) advise the Minister- (i) on all matters relating to fertilizers; (ii) on implementation and amendment of the fertilizer legislation; and 363 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (iii) on approved types of fertilizers or fertilizer supplements; (f) give general advice on co-ordination, registration and regulation of the fertilizer industry; . (g) make recommendation to the Minister on the types of G OA fertilizers to be used in accordance with appropriate n o f soil properties; siois (h) formulate policy guidelines relating to the ferpteil rmizer industry and advise the Government on apporuo t priate policies and legal environment which promith w ote local d industries engaged in fertilizer manufacbtuu tering; (i) advise the Authority on licences to bedi si tsrisued under this Act; r d o (j) authenticate the acts of the Aduu cethority by use of the official seal; proe (k) subject to the provisio r nbes of relevant public service legislation, to appoi ay nmt any officers of the Authority whom the Board moob aky consider necessary; and (l) do all acts and is tth i ngs as may be provided for in this Act or as may, in f rt othe opinion of the Board, be necessary or expedien a ot pfor the proper discharge of the functions of the Aeudt . hNority. ervs Composition, 6.–(1) sTh r e t e composition, functions and procedures of the functions and gh procedures of Boal rrid shall be as set out in the Schedule. l Board a. A i (2) For the proper discharge of its functions under this Act, n za the Board shall establish a Technical Committee consisting of an f T such number of competent persons in fertilizer matters as it nt o e may deem necessary. ern m (3) The Minister may, by notice in the Gazette, amend, vary v G o or replace all or any provision of the Schedule. 25 ©20 Appointment 7.–(1) There shall be the Executive Director of the Authority of Executive Director appointed by the President on the advice of the Minister from among persons who possess relevant qualifications and competence to manage efficiently and effectively the affairs of the Authority. 364 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (2) The Director shall be the head of the Authority and shall be responsible for- (a) the day to day operations of the Authority; (b) the proper management of its funds, property and . business; and G OA (c) personnel management, development, organisation, n o f control and discipline of the employees of the Authoriitsys i.o (3) The Director may delegate to any person some opef r mthe powers, duties and functions conferred or imposed upouo t n him by this Act. ith w ted bu PART III tri di s REGISTRATION AND ISSUANCE r ed o OF LICENCES c od u (a) Registration of fertili zree prr sterilising plant e Registration of 8.–(1) Every fertilizer or fertialyi z ber supplements or sterilising fertilizers and m sterilising plants plant or manufacturing plaonkt shall be registered by the Director Act No. in accordance with the pis rbo ovisions of this Act. 3 of 2020 s.31 (2) The Director shf taht o ll, prior to registration of any fertilizer, fertilizer supplem r paent or sterilising plant or manufacturing plant, ensure dth Nao. t all required conditions for registration as set out in this Arvcee t are complied with. re s s Application for 9.–(1ig)h tAn application for registration under this Act shall be registration sublml r. A itted to the Director in the form and manner prescribed ani ian the regulations. nz Ta (2) The Director may, after receiving an application for t o f n registration grant registration and issue registration certificates me n if he is satisfied that the required conditons are complied with. r ov e (3) The Director shall- 5 G2 (a) establish and maintain a list of all registered fertilizers, 20© fertilizer supplements and sterilising plants; and (b) subject to the recommendation of the Board, publish the list of registered fertilizers, fertilizer supplements and sterilising plants in the Gazette and any other journals or newspapers widely circulated in Tanzania. 365 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (4) A change of particulars of a registered fertilizer, fertilizer supplement or sterilising plant shall be notified to the Director for re-registration. (5) A person who contravenes the provision of subsection . (4) commits an offence and on conviction shall be liable to a OAG fine of not less than one million shillings or to imprisonment n o f for a term of not less than six months or to both. iss io erm Cancellation and 10.–(1) The Director may cancel or suspend the registrautt pion of suspension of o registration fertilizer or fertilizer supplement granted under thisit h w Act if he is satisfied that- d ute (a) the registrant of such fertilizer or fertilitrsibis er supplements has contravened or failed to comp olyr d with the terms or conditions for registration as procedu vided for in this Act; (b) such fertilizer or fertilizer psruo dpplements is not of the composition and efficacbye rsepecified in the application for registration purs y muaant to the conditions set out in the regulations,k oo thereof, does not possess the chemical, phys b hiicsal and other properties so specified t and does no f rtt o comply with any requirements that may be prescroi bp aed; (c) the prda. c Ntices followed and facilities available at or in respers evect of the manufacturing plant are not suitable tsf or er the manufacturing of the fertilizer or fertilizer gh l ri supplement concerned; l ia. A(d) the person assigned or engaged to manage the business n za does not have sufficient knowledge of the relevant an f T provisions of this Act or of the practices to be followed t o en in the operation of such undertaking as specified in the rnme regulations; ov (e) it is contrary to the public interest that such fertilizer or 25 G 0 fertilizer supplement remain registered; and ©2 (f) incorrect or misleading advertisement is used in connection with such fertilizer or fertilizer supplement. (2) The Director may cancel the registration of sterilising plant if he is satisfied that- 366 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (a) the registrant of such sterilising plant has contravened or failed to comply with the terms or conditions for registration as provided for in this Act; (b) a person has contravened or failed to comply with . the terms and conditions to which the registration AG concerned is subject; of O n (c) the sterilising plant does not comply with the prescribiessd io conditions or is otherwise not effectively equippeped rm for the sterilisation of the substances referred toou t in the definition of sterilising plant; and ith d w (d) it is contrary to the public interest thatb ut tehe sterilising plant shall remain registered. str i r d i d o Procedure for 11.–(1) Prior to cancellation or suspen e cancellation or uscion of any registration suspension of of fertilizer, fertilizer supplement orp srot derilising plant under this registration Act, the Director shall require inb e ew rriting the registrant to show cause within thirty days as to mawy hy the registration should not be cancelled. k oo (2) Where the regishtrisa bnt under subsection (1) fails to reply t within the period s rt ota f ted in the notice without good cause, the Director shaol lp aproceed to cancel or as the case may be to suspend the rde.g Nistration in respect of the registrant. erv e s Availability, 12.–(1)s rA e person to whom a certificate of registration was lapse and return ht of certificate of issue ridg in terms of section 9 shall produce or cause that l registration ce l . rAtificate of registration or a copy thereof to be available for an ia z inspection by the Director or any authorised officer at all times n of Ta at the establishment where fertilizer or fertilizer supplement is nt manufactured or sold. e rnm (2) The registration of any fertilizer, fertilizer supplement ov e or sterilising plant and the certificate of registration issued in G 02 5 respect of such registration shall lapse if- ©2 (a) the person to whom that certificate of registration has been issued, ceases to manufacture or sell the fertilizer or fertilizer supplement in question; or (b) the establishment in question is no longer used for the manufacture of such fertilizer or fertilizer supplement. 367 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (3) Where the registration of any fertilizer or fertilizer supplement has lapsed in terms of subsection (2), or has been cancelled in terms of section 11, the certificate of registration in question shall, within the prescribed period, be returned to . the Director by the person to whom it was issued. OAG n o f (b) Licencing of fertilizer dealers iss io m Restriction for 13.–(1) A person shall not deal with fertilizer busineser p s or dealing with t fertilizer and operation of sterilising plant unless that person is liic u theonced to sterilising plant that effect pursuant to the provisions of this Act. d w Act No. e 3 of 2020 s. 32 (2) An application for licence in terms of sutbsuetrib ction (l) shall be submitted to the Board in the form andr md isanner as may be prescribed in the regulations. o ed (3) Subject to subsection (1) an apopd uliccation for licence shall r include- p re (a) the name and physical a dbey dress of the applicant; a (b) details of the intendek dm business; (c) qualifications osf b oopersonnel under whose direct supervision toh teh if activities are intended to be carried out; rt pa (d) physica o . lN address of the premise where the fertilizer busirn d ve ss will be conducted; and (e) a se rney other information as may be required by the Board. (4i)g h tUs pon being satisfied with the compliance with the conlld r A itions for application, the Board shall issue a licence to the ia. anapplicant and may attach such terms and conditions as may be nz Ta prescribed. t o f (5) The Board may appoint any person to be a licensing men n authority for purposes of this Act and shall when making any er ov appointment, specify the area for which that person is to be the 25 G licensing authority. ©20 368 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Suspension and 14.–( 1) A licence issued under section 13 may be suspended cancellation of licences for a definite or indefinite period if the Director is satisfied that the licensee has- (a) been convicted of any offence against the provisions of . this Act or regulations; OAG (b) become bankrupt or, if a company, has gone into of n liquidation; or iss io (c) failed to comply with any conditions of the licencpee. rm (2) A licensee whose licence has been suspenudt o ed or cancelled under this section, shall be required to su ith d rwrender the licence to the Director within such time as may ubteb e prescribed. (3) A person who contravenes the providsii i sotrn of subsection (2), commits an offence and on convictiod no r shall be liable to a fine of not less than one million shillinucd ges or to imprisonment for a term of not less than six monthprsoe or to both. e rb Maintenance of 15. The Director shall maintmaiany in the form prescribed in the register regulations, a register of all ooli kcences issued under this Act and of any restorations, suspenisi bh ons and cancellations of such licences. of t t Licences not 16. A licence iss upae rd under section 13 shall be valid only in transferable respect of thed b Nuo . siness for which it was issued and shall not be transferablerv tee o any other person or business. s ts re Replacement of 17. Aig h older of a licence issued under this Act whose licence lost licences hasl l . A br een lost or destroyed may, on proof of loss and payment ano iaf prescribed fee, obtain a duplicate licence from the Director. an z T t o f PART IV en rnm MANUFACTURING, IMPORTATION ov e G AND TRADING IN FERTILIZER OR 5 02 FERTILIZER SUPPLEMENTS ©2 Registration of 18.–(1) A person shall not manufacture for sale, sell, supply premises or store any fertilizer or fertilizer supplement except in a sterilising plant or premises registered under this Act for that purpose. 369 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (2) An application for registration or renewal of registration of premises shall be made to the Director in the form and manner as may be prescribed in the regulations. (3) The Director or any person on his behalf shall- . (a) register the premises if he is satisfied that the prescribed AG O requirements for which the premises is intended have of n been complied with; siois (b) keep registers in the prescribed form of all prepme rmises registered under this section; and ut o (c) for good and sufficient reasons refuse to rweithgister, or d cause to be deleted from the register,b ua teny premises which is or has become unsuitable fodris ttrihe purposes for which it was registered. or d (4) A change of ownership of thdeu cbeusiness or any other change of a registered premises shaellp rboe notified to the Director. (5) A person who contraven bees ror fails to comply with this section, commits an offence amna dy on conviction shall be liable to a fine of not less than oneb k omo illion shillings or to imprisonment for a term of not less t s htha i n six months or to both. ofrt Sale of fertilizer 19.–(1) A persoo np a shall not sell any fertilizer or fertilizer or fertilizer supplements supplements ud.n Nless- (a) it isse rr veegistered under this Act under the name or mark tsu rn e der which it is so sold; (b ri)g h l it is, subject to paragraph (c), packed in such manner . A l ia and mass or volume as may be prescribed; anz (c) the container in which it is sold, complies with the n f T a prescribed requirements and is sealed and labelled or nt o e marked in such manner as may be prescribed or, if it is ern m not sold in a container, it is accompanied by the invoice ov G referred to in subsection (2); and 250 (d) it is of the composition and efficacy specified in the ©2 application for registration thereof, possesses all chemical, physical and other properties so specified, and complies with the prescribed requirements. 370 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (2) A person shall not for reward or in the course of any industry, trade or business use, or recommend the use of, any fertilizer or fertilizer supplement for a purpose or in a manner other than that specified on the label on a container thereof or . described on such container. OAG (3) A person who sells any fertilizer or fertilizer supplement of n not in a container shall give to the purchaser at the time isosf io delivery or send to him at the time of dispatch an inpve romice setting forth such particulars in respect of such fertoiuli t zer or fertilizer supplement. th d w i ute Manufacture and 20.–(1) A person shall not manufacture or isster ibll any fertilizer sale of fertilizers r d containing or fertilizer supplement containing b oo ne or any other certain substance derived from an animal car eaduc ss, unless such bone substances or substance has- pro d (a) been sterilised in such maen rb ne er as may be prescribed; or (b) subject to the provisiomnays of this Act, been imported in Cap. 156 terms of a permito oi ks sued under the Animal Diseases Act. s b thi (2) A person cormt o fm its an offence against this Act, if that person- a No p (a) manufda. ctures for sale, sells, offers or exposes for salsee,r voer has in his possession for sale, as a fertilizer or tsf er ertilizer supplement or any article containing or any ighl r other substance derived from an animal carcass which . A l ia he knows or has reason to believe has neither been za n sterilised in a sterilising plant registered or licensed n f T a under the provisions of this Act nor imported into o en t Mainland Tanzania in accordance with permit issued ern m under this Act; or Gov (b) sells, offers, or exposes for sale, otherwise than to the 02 5 holder of a licence issued under this Act or his agent, ©2 any bone or other substance derived from an animal carcass, which he knows or has reason to believe will be used in the manufacture of a fertilizer or fertilizer supplement and has neither been sterilised 371 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] in a sterilising plant registered or licensed under the provisions of this Act nor imported into Mainland Tanzania in accordance with this Act. Importation 21.–(1) A person shall not import any fertilizer or fertilizer G. of fertilizer A and fertilizer supplement in Tanzania unless- of O supplements (a) such fertilizer or fertilizer supplement is registered inio nss terms of this Act; i erm (b) is of the composition and efficacy specified ut p o in the application for registration thereof; ith w (c) possesses all chemical, physical and othute dr properties so specified and complies with thstri eib requirements prescribed in respect thereof; d or (d) is packed in a sealed containecredu which is marked or labelled in the prescribed m d paronner with the prescribed particulars; and re be (e) in the case of a fermtial yi zer or fertilizer supplements containing bone oro ko a ny other substance derived from the carcass of anhi sa bnimal, a permit referred to in section t 25 has been f rti sosued in respect thereof. (2) Without po rp aejudice to the provisions of subsection (1) and (2), the Md. i Nnister may, upon consultation with the Board and on suc rve seh conditions as he may determine, in writing, permit the impts or ert of any consignment of any fertilizer or fertilizer supp h l rilgements which does not comply with the requirements l riae. f Aerred to in subsection (1) (a), (b) and (d). anz (3) Fertilizers or fertilizer supplements imported shall- an f T (a) only be imported through a prescribed port or place; t o en (b) if the Director directs that a sample thereof be taken, ern m not be removed from any such port or place without v G o the written consent of the Director; 5 02 (c) if the Director thus directs, be made available for ©2 examination and the taking of a sample at any such port or place in the prescribed manner; and 372 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (d) where a sample thereof has thus been taken, not be sold in Tanzania except on the written consent of the Director and subject to the conditions specified therein. (4) The provisions of section 32 relating to samples shall, . mutatis mutandis, apply with reference to a sample taken in OAG terms of this section. of n (5) Where any fertilizer or fertilizer supplement has beiessn io imported contrary to the provisions of this section, esrmp uch fertilizer or fertilizer supplement shall- t ou (a) at the expense of such importer, be rem i wovthed from d Tanzania within such period as the te buDirector may determine; or tri dis (b) if such importer fails to removd eo r such fertilizer or fertilizer supplement in termuscd eof paragraph (c), be forfeited to the Governmen r ept, o and be either destroyed or otherwise disposed o bf ei rn the manner prescribed in the regulations. ay k m bo o Director to keep 22. The Director shall khies ep records of all licensed or permitted records t fertilizer dealers in ao mf rt anner prescribed in the regulations. pa Use of local 23.–(1) A pedr. s Noon who manufactures fertilizer or fertilizer materials for fertilizer supplemenetr vs ehall use locally available raw materials. manufacturing (2) W res isthout prejudice to subsection (1), the Board may perm t rigi ht importation of raw material for manufacture of fertilizer or ll . Afertilizer supplements if such material is not available in ia za nTanzania or by the available evidence to the Board that the n f T a material cannot be cheaply procured locally. o nt Fertnilmiz eer dealers 24. A fertilizer dealer shall keep within his premises detailed tov ekreep records o records of fertilizer or fertilizer supplements manufactured, 5 G2 imported, exported, stored or sold as the case may be and 20© such records shall be provided to the Director, analyst, inspector or any other officer assigned by the Director whenever requested. 373 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Permit for 25.–(1) A person shall not import or export fertilizer or importation and exportation fertilizer supplement unless he possesses a permit issued by of fertilizer the Director to that effect. and fertilizer supplements (2) The Board shall, prior to issuing of any permit, satisfy . Cap. 191 itself that the provisions of the Environmental Management OAG Act are adhered to, and that- of n (a) the fertilizer or fertilizer supplements to be importiessd io or exported is registered under this Act; pe rm (b) the applicant has the certificates of registraotuio t n for fertilizer business; and with d (c) in case of exportation, the applicant hasb uc toemplied with relevant legislation and policies dealisntrdi gi with fertilizer export. or ed uc Cancellation of 26.–(1) The Director may suspend opro dcancel the permit issued permit under section 25 if he is satisfiede t rb heat- (a) the permit has been y moabtained by misrepresentation at the time of applicatiko oo n; (b) conditions subjheisc bt to which a permit was issued have t not been com f rt oplied with; (c) the permoi tp ahas been transferred to any other person; (d) the ferdt. i Nlizer dealer has contravened the provisions of this rAvee ct; (e) t hre s ts e business licence of the fertilizer dealer has been h l ri g cancelled; or . A l ia (f) registration of such fertilizer or fertilizer supplement is za n cancelled. an f T (2) The Director shall, prior to cancellation of permit under nt o e this section, require in writing the holder of such permit to rnme show cause as to why the permit should not be cancelled. v G o (3) Where the permit holder under subsection (2) fails to 5 02 reply to the Director within the period as specified in the notice, ©2 the Director shall have power to proceed with cancellation of such permit without further notice. 374 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Conditions for 27. The Director shall, before granting permit in terms of granting licence or permits section 25, ensure that the standards and conditions for dealing with fertilizer business as provided for in this Act and regulations have been complied with. . AG Prohibition for 28. A person shall not manufacture, import, export, sell, O of dealing with unregistered distribute any fertilizer or fertilizer supplements unless he issios n and substandard registered pursuant to this Act. i fertilizer pe rm t Act No. ou 5 of 2022 s. 44 th d w i Packiging and 29. A fertilizer dealer shall ensure that fertiliizbeu tre or fertilizer labeling r supplement is packed and labeled in the manisnt d er prescribed in the regulations. d o r uc e d Adulterated 30.–(1) A person shall not sell or d r epis otribute an adulterated or fertilizer sub-standard fertilizer or fertiliz ber r supplements. (2) A fertilizer or fertilizer asy m upplements shall be deemed to be adulterated if- ok (a) it contains any dise bo th leterious or harmful substance in an amount thart or f enders injurious to plant life, animals, humans, oa pq auatic life, soil, air, water or environment in genereadl . Nwhen applied in accordance with directions for use rv se provided for in the regulations; (b) sa r e ht dequate warning statements or directions for use g ll r i which may be necessary to protect plant life, animals, a. A i humans, aquatic life, soil, air, water or environment in an nz general are not shown on the label or shipping bills and of Ta certificate of analysis, as the case may be; nt e (c) its composition falls below or differs from that which rnme is purported to possess by its labeling or shipping bills ov G and certificate of analysis as the case may be; or 02 5 2 (d) it contains foreign material other than fertilizer or © fertilizer supplement. (3) A fertilizer whose standard does not conform to the requirement of this Act shall be seized and disposed of at the cost of the fertilizer dealer in accordance with procedures 375 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] prescribed in the regulations made under this Act or other written law. Restriction on 31.–(1) A person shall not use, store, discharge, release, place storage and application of or cause to be placed any fertilizer or fertilizer supplement in G. A fertilizer a manner likely to cause any adverse effect to human health or of O the environment. n ss io (2) A person who applies fertilizer or fertilizer supplemeremn i ts shall ensure compliance with the standards prescribe t odu i pn the regulations or guidelines. ith w ute d PART V trib dis FERTILIZER INSPECT r d IoON, SAMPLING AND ANucd Ae LYSIS prore Fertilizer quality 32. The Director shall ensure fer btei lizer or fertilizer supplement control is inspected, sampled and ma anyalysed for quality control in accordance with the procedokbo ures prescribed in the regulations. s thi Appointment of 33.–(1) The Ministert ro fs hall, by notice published in the Gazette, inspectors and pa analysts appoint or designo ate qualified persons to be fertilizer inspectors or analysts wehd . oN shall exercise powers in accordance with the provisionss eor vf this Act. (2) A re ts person appointed or designated as inspector or analyst undll erir gh subsection (1) shall be given a certificate, identity card oar. i Aa document as a proof of his appointment or designation an nz which shall be produced in the exercise of his powers under f T a this Act. t o en (3) An inspector or analyst shall not engage in any business m ern connected with the manufacturing, importation or sale of ov G fertilizer or fertilizer supplements. 25 20 (4) The Minister may, in consultation with the Board and © by order published in the Gazette, appoint any competent institution or individual to perform any fertilizer regulatory function specified under this Act and may in the same order define duties and powers of such institutions or individual. 376 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (5) An inspector or analyst appointed under subsection (1) shall be a designated officer accountable to the Director for the administration of this Act. Powers of 34.–(1) An inspector or analyst appointed under section 33 G. inspectors A may, at any reasonable time- of O (a) enter upon and examine any place, premises, vessel orio nss vehicle in respect of which he has reason to believee rtmh i at on or in it there is manufactured, processed, pruet o ppared, graded, classified, packed, marked, labe it wlle hd, held, bottled, removed, transported, exhibitedu,t es dold or used any fertilizer or fertilizer supplements;tribis (b) examine or test any such fert oilri dzers or fertilizer supplements or any ingredient ed utchereof; (c) examine all books and dporoc duments on or in any place, premises or vehibcl eree referred to in paragraph (a) in respect of which yh ma e has reasonable grounds for believing that they k o orelate to any fertilizer or fertilizer supplements ohris bany ingredient thereof, and make t copies of or eoxf rt tracts from such books or documents; (d) examine o pa any operations or process carried out at any . Nd place or premises in connection with the ma e senru v facturing, processing, treatment, preparation, re tsg rading, classification, packing, marking, labelling, gh l ri holding, bottling, removal, transport, exhibition, selling . A l ia or use of any fertilizer or fertilizer supplements, and n za demand from the person in charge of such operations n f T a or processes, or the owner of the person having the o en t custody of any fertilizer or fertilizer supplements; ern m (e) demand from the owner or any person having the Gov custody of any book or document referred to in 250 paragraph (c) an explanation relating to any record or ©2 entry therein; (f) seize any book, document, fertilizer or fertilizer supplements which may furnish proof of an offence in terms of this Act, or any quantity of any fertilizer or fertilizer supplements which may furnish proof of 377 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] an offence in terms of this Act, or any quantity of any fertilizer in respect of which there is no reason to believe that any such offence has been committed, and remove from or leave on or in the place, premises or vehicle . in question, any book, document, fertilizer or fertilizer OAG supplements, or any quantity thereof, which has so n o f been seized, and may in his discretion place on sucshiois book, document, fertilizer or fertilizer supplemen rm pets, or the container thereof, such identification markou to r seal as he may deem necessary; and ith d w (g) take samples or cause samples to be te b utaken of any fertilizer or fertilizer supplements dios trri an ingredient thereof, and open any container worh d ich contains or is suspected to contain anything duu cseed or intended for use in the manufacture, processeipn rog, treatment, preparation, grading, classification, r bpeacking, marking, labelling, holding, bottling, rem mo avyal, transport, exhibition or sale of any fertilizer orb f oeko rtilizer supplements and examine, analyse, grade oh ist r classify such samples, or cause such samples to b f rte o examined, analysed, graded or classified. (2) The owner opao r person in charge of any premises described under this seec N d.t ion and any person found therein shall give to an inspectsoerr v the reasonable assistance to enable the inspector e to carrys rht out his duties and functions under this Act. ( g ll3 ri) An inspector may, if he has reasonable grounds to bae. A i lieve that any of the provisions of this Act is violated, seize an nz or issue a stop sale order by means of or in relation to which a of T the violation was committed. nte (4) A fertilizer, fertilizer supplement or package seized rnme pursuant to subsection (3) shall be detained by an inspector at Gov any place by attaching a detention tag or mark in the manner 02 5 2 prescribed in the regulations. © (5) A person shall not move any fertilizer or package detained by the inspector unless with a written consent of the inspector indicating that the seized fertilizer, fertilizer supplements or package shall be placed in a safer or more convenient location. 378 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (6) The fertilizer, fertilizer supplement or package under detention or stop sale order shall not be released unless the inspector is satisfied that all conditions for release as provided for in this Act have been complied with. . (7) The inspector shall, before inspection of the premises, G f O A take reasonable steps to ensure that the owner or his authorised n o representative is present while carrying out inspection undesriois this Act. rm pe ou t Control of 35.–(1) Where an inspector after consultation wit hw itthhe Chief substandard fertilizer Government Chemist, is satisfied that the fertilizueter d or fertilizer Acts Nos. supplement regulated under this Act is unfistri ibfor use for the 4 of 2014 s. 4 3 of 2020 s. 33 intended purpose, he may without com orp densation, destroy or dispose of that fertilizer or fertiliz d uc eer supplement at the owner`s cost. d pro (2) Before destroying or dbi e es pr osing of any fertilizer or fertilizer supplement in a many ma ner other than in accordance with subsection (1), the inosop k ector shall- (a) record or causeh tiso b be recorded- t (i) the desc rofrt i ption or other particulars of the fertilizer lot; o p a (ii) th N d.e description of premises where the fertilizer ervs we as found; ts( iri ei) name and address of any witness and signature; igh All r and nia . (iv) the grounds upon which the seizure was affected; za and Tan f (b) forward to the Director the report containing nt o e particulars stipulated in paragraph (a). rnme [s. 34A] ov 5 G 02 Analysis and 36. An analyst who receives a sample taken under the ©2 restriction for tempering with provisions of this Act shall as soon as is practicable analyse sample such sample, in accordance with the procedures for sampling and conducting analysis as may be specified in the regulations. [s. 35] 379 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] PART VI APPEALS Appeals against 37.–(1) A person aggrieved by the decision of the inspector, . decision of inspector, analyst analyst or Director regarding implementation of the provisions OAG or Director of this Act may, within thirty days upon receipt of such of Act No. o n 4 of 2014 s. 5 decision, appeal to the Minister. i iss (2) An appeal made under this Act shall be in w rpiet rimng, t stating the grounds under which it is made. ou with d [s. 36] uteib Hearing of appeal 38. After hearing and considering the appdies tar l, the Minister Act No. or 4 of 2014 s. 6 may- d (a) confirm, set aside or vary the ddue cecision of the Director; or ro rep (b) order the Director to exe bceute the decision. y m a [s. 37] oo k his b t PART VII f FIpNrtA oa NCIAL PROVISIONS No Funds and 39. The fun d. rdves and resources of the Authority shall consist of- resources of se Authority (a) surech sums of moneys as may be appropriated by the igh tsParliament; r A(llb) any moneys raised by way of loans, grants made within . nia and outside the United Republic; nz a a (c) any moneys raised by way of fee or charges imposed f T t o under the provisions of this Act; n me (d) any loan or subsidy granted to the Authority by the rn ve Government or any other person; and o 5 G (e) such sums of money or property, which may become 02 ©2 payable to or vested in the Authority under this Act or any other written law. [s. 38] 380 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Accounts and 40.–(1) The Authority shall cause to be kept and maintained audit in accordance with the International Accounting Standards, proper books of accounts with respect to- (a) all sums of moneys received and expended; . (b) all the assets and liabilities of the Authority; and AG O (c) all the income and expenditure statement of the n o f Authority. iss io (2) Within six months of the close of every financial yeaper r,m the accounts including the balance sheet of the Authorityo su th all be audited by the Controller and Auditor-General in acith w cordance d Cap. 418 with the provisions of the Public Audit Act. uteb (3) Every audited balance sheet shall bdeis trpi laced before a meeting of the Board of and, if adopted, d oit r shall be endorsed with a certificate to that effect. ce du (4) As soon as the accounts ofp roe the Authority have been audited, and in any case not later b teh ran six months after the close of the financial year, the Boa ay mrd shall submit to the Minister a copy of the audited statem o boenk t of accounts together with a copy of the report on that sthaits t e ment made by the auditors. (5) The Ministerr ts oh f all, as soon as practicable after receiving the report, lay ob pe afore the National Assembly the audited accounts of t . N ehde Authority together with the auditor’s report, if any, on thee rs avccounts. re hts [s. 39] l ri g Al ia. PART VIII za n an GENERAL OFFENCES AND PENALTIES of T t Offenmceesn and 41.–(1) A person who- peenranlties Avcts Nos. (a) deals with unregistered fertilizer or fertilizer 5 G o 4 of 2014 s. 7 supplement; 20 2 3 of 2020 s. 34 © (b) deals with fertilizer or fertilizer supplement without being so registered; (c) obstructs the Director, inspector, analysts or any officer responsible for the enforcement of this Act; 381 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (d) operates a sterilising plant which is not registered under this Act; (e) wilfully delays or obstructs, threatens, or assaults an inspector or analyst to perform his duties under this . Act; AG O (f) wilfully refuses to provide any information required by of n the inspector, analyst or any other official engaged isisn io carrying out the duties and functions under thi rm pse Act and the regulations made thereto; ut o (g) sells any fertilizer or fertilizer supplemen tw i tuhpon the d container of which a false or misleadinbgu t estatement in connection with such contents is pri tri dnisted or written; (h) makes any false or misleading statde om r ent in connection with any fertilizer or fertilizer dsuu cepplement; (i) willfully destructs or tamp ro epers with any information required for proper ad bme rinistration of this Act or regulations made the rme atyo; (j) fails to comply witho kbo an order issued under this Act; (k) tampers with a tnh iys sample taken in terms of this Act, or with anythinrt go f seized in terms of this Act; (l) sells any foe pr atilizer or fertilizer supplements which is not of the . N e dkind, nature, composition, strength, potency or qu rv res aelity described or represented when so sold; (m)h tsh aving been duly summoned to appear before the ll r ig Board, fails without lawful excuse so to appear; A ia. (n) having appeared as a witness before the Board, refuses an nz without lawful excuse to be sworn, to make affirmation, f T a o to produce any document or answer any question which en t he may be lawfully required to produce or answer; m ern (o) sells fertilizer or fertilizer supplements above the ov G indicative price; 25 20 (p) sells fertilizer or fertilizer supplements in an open bag © or packaging or labelling in a manner contrary to the requirements of this Act; 382 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (q) not being qualified as inspector or analyst purports to act in that behalf; or (r) makes use, in connection with any fertilizer or fertilizer supplement, of any certificate, invoice or other . document issued in respect of any other fertilizer or OAG fertilizer supplement which is no longer valid, n o f commits an offence. siois (2) A person who commits an offence against the provpise rimons of this Act on conviction, shall be liable- ut o (a) in the case of a fertilizer manufacturer or itihmporter, d w to a fine of not less than ten millionbu teshillings but not exceeding five hundred millions tr i di shillings or to imprisonment for a term not less r d tohan three years but not exceeding seven years or todu cbeoth; (b) in the case of distributor eopr ro wholesaler, to a fine of not less than five millio bne rshillings but not exceeding four hundred million m s ahy illings or to imprisonment for a term not less thaonkbo two years but not exceeding five years or to both;is (c) in the case o off th rt a retailer, to a fine not less than two hundred o tph aousands shillings but not exceeding two hund . N erded million shillings or to imprisonment for a tersmer v of not less than six months but not exceeding e htst hr ree years or to both; and (lld ri g) in the case of a person who is not covered under ia. A paragraphs (a), (b) or (c) to a fine not less than one za n n hundred thousands shillings but not exceeding fifty Ta of million shillings or to imprisonment for a term of nt e not less than three months but not exceeding twelve m ern months or to both. ov G (3) The court may in addition to any penalty imposed under 25 20 this Act, order any article in respect of which such offence is © committed or used for the commission of such offence to be forfeited. [s. 40] 383 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Compounding of 42.–(1) Where a person admits commission of an offence offences Acts Nos. under this Act, the Authority may compound the offence 4 of 2014 s. 8 by accepting from such person a lesser sum of eight million 3 of 2020 s. 35 shillings. . (2) Subject to subsection (4), where proceedings are brought AG O against a person for an offence under this Act, it shall be a of n defence if that person proves that the offence against which ihsse io is charged was compounded. pe rm (3) A sum of money received under this section osuh t all be treated as a fine imposed by a court for the offence. ith d w (4) Where an offence is compounded undeurtb ethis section, the court may make an order under section 4 ri dis1 t as if the person concerned was convicted by the court. d o r (5) The order referred to in subsect ce diou n (4) shall not be made unless the person against whom etph roe order is to be made is given an opportunity to show caue r b se why the order should not be made. may (6) The Director sha ok boll submit quarterly reports of all compounded offences is t hunder this section to the Director of Public Prosecutionsrt. o f pao [s. 40A] d. N Compensation for 43.–(1) Wrve sehere an offence is committed and due to that damage Act No. commits sr e s ion a person has suffered a direct damage or loss of h 4 of 2014 s. 9 his p ll r rigoperty, the court may, in addition to the penalty provided un. Aia der this Act, order the offender to compensate the person za nwho suffered loss or damage. an f T (2) For the purpose of subsection (1), a court, where a o en t person is convicted by a court of any offence for contravention rnme of section 41, and it appears from the evidence of Director, ov G inspector, sampler or analyst that some other person, has 02 5 suffered material loss or personal injury in consequence of the ©2 offence committed and that substantial compensation is, in the opinion of the court, recoverable by that person by civil suit, the court may, in its discretion and in addition to any other lawful punishment, order the person convicted to pay to that 384 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] other person such compensation, in kind or in money as would fairly mitigate the loss suffered. (3) The Court may order the Director, inspector, sampler or analyst to establish the extent of damage suffered by a person as result of an offence committed under this Act. AG. O [s. 41] of n iss io Offences by body 44.–(1) An act which if done by an individual would beerm an corporate or firm offence against this Act or any regulations or orderous t pmade under this Act shall, if done by a body corporate, be w ai thn offence by a director and secretary thereof unless he purteo dves that the offence was committed without his consent o rib di srt convinance and that he exercised all such diligence to prev oernt the commission of the offence as he ought to have ubcee den exercised having regard to the nature of his function d psr oin that capacity and to all circumstances. e r e b (2) Where an offence againsyt ma this Act or any regulations or orders made under this A k ocot has been committed by a partner in a firm, any person whhiso b at the time of the commission of the t offence was a partn eorf rt in that firm, or was purporting to act in that capacity,o s ph aall be deemed to have committed without his consent or. cNd onnivance and he exercised all such diligence to prevents etrh vee commission of the offence as he ought to have exercisesd r e t having regard to the nature of his function in that capa h l rcigity and to all the circumstances. A l ia. [s. 42] anz Evidence and n T a 45.–(1) A document purporting to be a report under the hand procedure ofnt of an analyst appointed under the provisions of this Act, may e rnm be admitted in evidence in any civil or criminal proceedings e ov concerned with the article sampled and shall be sufficient G 02 5 evidence of the facts stated therein unless the defendant or ©2 person charged requires that the analyst be called as a witness. (2) A sample which has been taken in the prescribed manner by an inspector or analyst shall, unless the contrary is proved, be deemed to be of the same composition, some qualities, and 385 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] except in so far as the taking of the sample may cause it to be otherwise, possess in all other respects the same properties as the whole from which it was drawn. (3) In any criminal proceedings under this Act- . (a) a quantity of a fertilizer or fertilizer supplement in or OAG upon any premises, place, vessel or vehicle at the time f n o a sample thereof is taken pursuant to the provisioinss io s of this Act shall, unless the contrary be provepde r,m be deemed to be of the same composition to samoeu td egree of efficacy and possess in all other respect ws iththe same d properties as that sample; bu te (b) a person who is proved to have tamstrdi pi ered with any sample shall be deemed to have acotre d d with fraudulent intent unless the contrary is prdou cveed; (c) a certificate stating the reespu rolt of an analysis or test carried out in pursuance eo r b f the provisions of this Act and purported to be siagy m ned by the analyst who carried out such analysis oorob tkest shall be accepted as prima facie proof of the fac s tht is stated therein; and (d) any statemertn o ft or entry contained in any book or documenot p akept by any manufacturer, importer or ownerd o. N e f a fertilizer or fertilizer supplements, or by the maenrvs ager, agent or employee of such person, or found e htsu rpon or in any premises occupied by, or any vehicle rigll used in the business of such person, shall be admissible a. A i in evidence against him as an admission of the facts set an nz forth in that statement or entry, unless it is proved that, of Ta that statement or entry was not made by such person, nt e or by any manager, agent or employee of such person ern m in the course of his work as manager, or in the course ov G of his agency or employment. 25 20 [s. 43] © Burden of proof 46. In any proceedings for an offence under this Act, the burden to prove that the order, direction or requirement, the contravention of which constitutes the offence with which 386 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] the accused is charged, shall not lie on the accused, and in the case of an order, direction or requirement not published in the Gazette, that he had no notice of the contents of the order, direction, as the case may be required, shall lie on the . accused person. OAG [s. 44] f ion o ss PART IX erm i t p MISCELLANEOUS PROVISIONS ou with d Indemnity 47. Without prejudice to the provisions of seibcu tteion 284A of Cap. 16 r the Penal Code, no matter done by any pedriss t on exercising or purporting to exercise any function undde oe rr this Act or under any subsidiary legislation made undedru c this Act shall, if done o in good faith in the execution or reppu r rported execution of his functions under any of the pyr bo evisions of this Act or such subsidiary legislation, subjekc mt aany such person as aforesaid to any action, liability, claim b oo or demand whatsoever. is of th [s. 45] rt Exempted sales 48. The provisioon ps a of this Act shall not apply to a sale, offer or exposure fore s N da. le, where a bailiff, court broker or other officer in the couserr vse of executing any order or process of a court e makesh tsu r ch sale. ig ll r [s. 46] A ia. Recoverable costsz a n49. Where any person, by failing to comply with this Act or n f T a acting contrary to this Act or subsidiary legislation made under o en t this Act, causes an inspector or analyst to incur an expense m ern that would not otherwise have been incurred, that person shall v G o pay to the Government of the United Republic the full amount 02 5 of that expense reasonably incurred, and that amount shall he ©2 recoverable from him as a debt due to the Government. [s. 47] 387 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Expenses for 50. A removal, reshipment or destruction of any fertilizer, destruction of fertilizer fertilizer supplement, package or article to which this Act and fertilizer applies, shall be carried out at the expenses of the owner, supplements occupier or any person entrusted with the charge of the . premises where such fertilizer, fertilizer supplement, package OAG or article is found. of [s. 48s]io n is erm Notification 51. Where any order or direction made or given by the Moui t np ister, of order and directions or the Director under this Act is not required to be w ip thublished in the Gazette, the order or direction shall be butreo dught to the notice of persons affected or likely to be affeisctrt ibed thereby in a manner determined by the Minister. or d d uc e [s. 49] rod Exemption, 52.–(1) Notwithstanding the prroepe visions of section 8, the restriction and b prohibition Minister may, after consultatioayn with the Board and by order Act No. published in the Gazette preoks c mribe types of fertilizer or fertilizer 3 of 2020 s. 36 supplements which maisy b obe exempted from requirements of this Act or regulationfs t h o made under this Act. t (2) Notwithstaanr p ding the provisions of section 26, the Minister may, o d .f o Nr purposes of promoting domestic production and sufficerive ent distribution of fertilizer and fertilizer supplem e s rens ts within the country, restrict or prohibit exportation or im rigp hot rtation of fertilizer and fertilizer supplements. All . [s. 50] ia za n Power to makTea n 53.–(1) The Minister shall, at the appropriate time, make regulation so f Act No. t regulations for the better carrying into effect of the provisions n 3 of n2m02e0 s. 37 of this Act. er ov (2) Without prejudice to the generality of subsection (1) the G 25 Minister may make regulations- 0 ©2 (a) prescribing the manner in which fertilizers, fertilizer supplements, or sterilising plants may be registered, the manner in which any such registration may be renewed and the information to be furnished and the fees to be 388 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] paid with any application for registration and renewal of registration; (b) prescribing the processes by which fertilizers, fertilizer supplement, or substances used in the manufacture of . fertilizers or fertilizer supplements shall be sterilised, OAG and the manner of inspection of sterilising plants; of n (c) prescribing the requirements with which ainssy io establishment shall comply with the practices w rm pehich shall be followed in the operation of any undertoauk t ing at any establishment, the facilities which shall b wei th available d at any establishment, and the records btuo te be kept and the information to be furnished ins tr i di respect of any establishment and the operation od fo ra ny undertaking at any establishment; e du c (d) prescribing the records to ebp reo kept and the returns to be rendered in respect b eo r f registered premises and sterilising plants; ay m (e) for preventing theb ao odkulteration of fertilizers or fertilizer supplements o is rth the tampering with containers thereof; (f) prescribing f rtt hoe methods to be employed, the fees to be paid, ando pt ahe certificates to be issued in respect of the exameidn . aNtion, analysis or test of samples taken under thise rvs Act; e (g) htsr er gulating the manner in which fertilizers or fertilizer g ll r i supplements intended for sale may be handled and a. A i stored; an nz (h) regulating the manner in which fertilizers or fertilizer of Ta supplements intended for sale shall be packed, labeled, nt e branded, marked and sealed; ern m (i) prescribing the limits within which any fertilizer or Gov fertilizer supplement may be deficient in any of its 5 20 2 ingredients and the proportion in which any preservative, © antiseptic or other constituent may be present therein; (j) regulating the equipment and appliances to be used in the licenced sterilising plant and their mode of operation; 389 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] (k) prescribing the manner in which samples may be taken and dealt with; (l) prescribing the method by which analysis is to be carried out by analysts under the provisions of this Act; . (m) for preventing the use of false or misleading statements AG O in advertisements of fertilizers or fertilizer supplements; of n (n) prescribing minimum qualification and any additionisas ilo duties of inspectors and analysts; rm pe (o) respecting the detention of anything seized ooru tp laced under stop sale under the provisions of this Ath w ict and for d the preservation or safeguarding anythi te bnug so detained; (p) prescribing the particulars to be set fodirs ttrih in any invoice to be furnished under this Act; d o r (q) requiring any person who has idnu cheis possession or under his control any fertilizer anpdroe fertilizer supplement to keep records relating theree r b to in the form and manner prescribed, and to r me anyder returns in the form and manner and at thebo t oikmes prescribed; (r) prescribing t is hthe composition, efficacy, chemical, physical or f rot other property required in respect of any substance a No pin order that it may be imported, sold or registeedr . ed as a fertilizer or fertilizer supplement; (s) preesrcvribing procedures for appeal under this Act; re s (t) htsrespecting the disposition of anything forfeited to the ig ll r Government under this Act; ia. A(u) prescribing forms to be used for any application under an nz this Act; Ta of (v) the procedures for testing fertilizers and fertilizer t en supplement; m ern (w) prescribing appropriate method or system of ov G importation and exportation of fertilizer and fertilizer 02 5 2 supplements; and © (x) prescribing anything which is by this Act required or authorised to be prescribed. [s. 51] 390 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Transitional 54. A fertilizer dealer shall, within twelve months after coming provisions into force of this Act, apply to the Director for the registration of the fertiliser or fertilizer supplements manufactured, ordered, imported, sold or stored. . [s. 52] OAG of Repeal 55. [Repeals the Fertilizers and Animal Food Staffs Act.] sio n Act No. ism 19 of 1962 [se.r 53] ut p ith o SCHEDULE ted w u (Made under section 6(1) ib str di COMPOSITION AND PROCEDURESd Oo rF THE BOARD e Composition of 1.–(1) The Board shall consist of the Chaidrup cerson to be appointed by Board the President and eight other members etop r obe appointed by the Minister Act No. as follows- r 3 of 2020 s. 38 be (a) a representative from the a yMinistry responsible for agriculture; (b) a representative frookm m the Ministry responsible for local government; bo (c) one representa tthi isve from association of fertilizer dealers to be appointet do f by the Minister on recommendation from respectiv ep aa rssociation; (d) one re. pNroesentative from farmers association or co-operative sociedrv ties to be appointed by the Minister on recommendation efsr eom respective association; (e r t)s a representative from the national institute responsible for h ll r ig standards; . A (f) a representative from the national institute responsible for nia environmental matters; zan (g) a representative from higher learning institutions or research f T a institutions dealing with soil science, soil production and t on soil fertility; and nm e (h) a representative from the Government Chemist Laboratory r ve Authority. 5 G o (2) The Director shall be the Secretary to the Board. 20 2 (3) All meetings of the Board shall be chaired by the Chairperson, on © his absence, the members shall choose from its members a Chairperson for meeting. (4) The Board may co-opt any other person to attend its meeting as deemed appropriate for the purposes of rendering technical advice and such co-opted person shall have no right to vote. 391 THE FERTILIZERS ACT [CAP. 378 R.E. 2023] Tenure of office of 2. A member of the Board other than an ex-officio member shall hold an Board members office for a period not exceeding three years or for such shorter periods as may be specified in his instrument of appointment. Members quorum 3.–(1) At least half of the members of the Board shall constitute a quorum at any meeting and all decisions to be arrived at by the meeting G. of the Board shall be decided by a simple majority of the members A O present. f n o (2) Each member of the Board shall have one vote and in the evenstios of equal votes, the Chairperson of the meeting shall have a seconmd ir or casting vote in addition to his deliberative vote. pe ou t Minutes of Board 4. Minutes in proper form of each meeting of the Board shalwl ibt he properly meetings kept and confirmed by the Board at its next sitting andte ds igned by the Chairperson of the meeting. u str ib Procedures 5. The Board shall have power to regulate its ownr pdri ocedures in respect of meetings and proper conduct of its businesesd. o c Minutes of 6. The Board shall cause to be recorded an u rodd kept minutes of all business meetings conducted or transacted at its meet p irnegs, and the minutes of each meeting of the Board shall be read a bned confirmed, or amended, at the next meeting of the Board and sig ay mned by the Chairperson and Secretary. k Allowances of 7. Members of the Board sbhoa oll be paid such allowances as may be members approved by the Ministert hrie ssponsible for finance. rt o f o p a d. N rve se re hts ll r ig a. A i za n an of T t men rn ov e 5 G 20 2 © 392