PART I

PRELIMINARY PROVISIONS

1. Short title and commencement.

2. Interpretation.

PART II
ADMINISTRATION

3. Establishment and functions of the Tanzania Fertilizer Regulatory

Authority.
4. Functions of the Authority.
5. Establishment, powers and duties of the Board.
6. Composition, functions and procedures of the Board.
7. Appointment of the Executive Director.

PART III
REGISTRATION AND ISSUANCE OF LICENCES

(a) Registration of fertilizer sterilizing plant

8. Registration offertilizers and sterilizing plants.
9. Application for registration.
10. Cancellation and suspension of registration.
11. Procedure for cancellation or suspension of registration.
12. Avai lability, lapse and return of certificate of registration.

13. Restriction for dealing with fertilizer and sterilizing plant.

14. Suspension and cancellation oflicences.
15. Maintenance of register.
16. Licences not transferable.
17. Replacement of lost licences.
 PART IV
MANUFACTURING, IMPORTATION AND TRADING IN FERTILIZER OR FERTILIZER
SUPPLEMENTS

18. Registration of premises.

19. Sale of fertilizer or fertilizer supplements.
20. Manufacture and sale offertilizers containing certain substances.
21. Importation offertilizer and fertilizer supplements.
22. Director to keep records.
23. Use oflocal materials for fertilizer manufacturing.
24. Fertilizer dealers to keep records.
25. Permit for importation and exportation offertilizer and fertilizer
supplements.
26. Cancellation of permit.
27. Conditions for granting licence or permits.
28. Prohibition for dealing with unregistered and substandard
fertilizer.
29. Packaging and labeling.
30. Adulterated fertilizer.
31. Restriction on storage and application offertilizer.

PART V
FERTILIZER INSPECTION, SAMPLING AND ANALYSIS

32. Fertilizer quality control.

33. Appointment of Inspectors and Analysts.
34. Powers of Inspectors.
35. Analysis and restrictions for tempering with sample.

PART VI
ApPEALS

36. Appeals against decision of the Inspector, Analyst or Director.

37. Appointment of members of the Appeals Board.
 PART VII
FINANCIAL PROVISIONS

38. Funds and resources ofthe Authority.

39. Accounts and audit.

PART VIII
GENERAL OFFENCES AND PENALTIES

40. Offences and penalties.

41. Compensation for damage.
42. Offences by body corporate or firm.
43. Evidence and procedure.
44. Burden of proof.

PART IX
MISCELLANEOUS PROVISIONS

45. Indemnity.
46. Exempted sales.
47. Recoverable costs.
48. Expenses for destruction offertilizers and fertilizer supplements.
49. Notification of order and directions.
50. Exemption.
51. Power to make Regulations.
52. Transitionalprovision.
53. Repeal.
 :" / ¥ ,.-; ~

NO.9t>;2009: /~ ~.
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An Act to make provisions for regulation of manuf@£turing,
importation, exportation, sale and utiliiiillon- of
agriculturalfertilizers, to repeal the Fertilizers and Animal
Food stutTsAct, Cap. 378 and to provide for other related
matters.

PART I
PRELIMINARY PROVISIONS

1. This Act may be cited as the Fertilizers Act, 2009 and shaH come Short
title and
into operation on such date as the Minister may, by notice published in com-
the Gazette, appoint. mence-
ment

2. In this Act, unless the context otherwise requires- Interpre-

"advertisement" includes any statement, picture, design or device- tation

(i) published in any newspaper or other publication in general

circulation to the public; or
(ii) contained in any publication or any other matter in any form
which is distributed to members of the public through the public
or brought to the public in any other manner;
"Analyst" means a person appointed or designated as an Analyst pursuant
to section 33;
"Appeals Board" means an Appeal Board referred to under section
36(3);
"Authority".means- Tanzania Fertilizer Regulatory Authority as established
, urider section 3;-
"brand" mean~a re"p.t:es~tfUltionof kind, any distinctive mark or trade
name, other than a na!"e'or-grade required by this Act, applied by the
fertilizer dealer toa fertili:ter or fertilizer supplement to distinguish it
from aIlYot~r fertjJ.izer or fertilizer supplement;
"Board" ~~ns the-Board oft~Authority as established under section
5; --
"bulk fertilizer" means a fertilizer or fertilizer supplement distributed in
large quantity in non packaged form;
"Director" means the Executive Director of the Tanzania Fertilizer
Regulatory Authority appointed under section 7;
"discharge" means emission or exposure of fertilizer or fertilizer
supplement into environment;
"distribute" means import, export, consign, manufacture, blend, sale,
offer for sale, and any other form of exchange or supply of fertilizer
or fertilizer supplements;
"environment" includes the physical factors of the surroundings of human
beings, including air, land, water, climate, sound, light, odour, taste,
micro-organism, the biological factors of animals and plants, cultural
resources and the social economic factor of aesthetics and includes
both the natural and the built environment and the way they interact;
"fertilizer" means any substance or mixture of substances, containing
one or more of nitrogen, phosphorus, potassium or other elements
represented for use as a source of plant nutrients;
"fertilizer business" means a business dealing in import, export,
manufacture, blending, distribute or sale of fertilizer, or fertilizer
supplements;
"fertilizer dealer" means any person operating a business that is engaged
in the manufacturing, handling, storage, importation, exportation,
distribution or sale of fertilizer or fertilizer supplements;
"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;
"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 Inspector
pursuant to section 33;
"label" includes any legend, description, mark, symbol or design applied
or attached to, included in, belonging to or accompanying any fertilizer
or fertilizer supplement or package;
"labelling" means any written, printed, or graphic matter accompanying
any fertilizer or fertilizer supplements, or advertisements, brochure or
poster;
"manufacture" means operations involved in the production, preparation,
processing, compounding, formulating, filling, transformation,
packaging, re-packing and labelling of fertilizer or fertilizer supplements;
"manufacturer" means a person who produces, prepares, processes,
compounds, formulates, fills, transforms, packages, re-packs and labels
a fertilizer or fertilizer supplements;
"Minister" means the Minister responsible for agriculture;
"premises" include any land, building or any part structure, vehicle,
basement and vessel, or receptacle whatsoever for the purpose of
manufacturing, selling, transporting or in any way connected with the
handling or storage offertilizer or fertilizer supplements;
"package" includes a sack, bag, or any other container in which fertilizer
or fertilizer supplements is placed or packed;
"sell" includes agree to sell, or to offer, advertise, keep, 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, conveyor deliver in pursuance sale, exchange or disposal as
aforesaid; and 'sale' has a corresponding meaning;
"sample" means a representative amount of fertilizer or fertilizer
supplements drawn randomly for analysis;
"sterilizing plant" means a plant used for sterilizing of bones or other
substances derived from cattle, members of the horse family, sheep,
goats, pigs, poultry or ostriches, of any age, or from any vertebrate or
invertebrate specified by the Minister from time to time by notice in
the Gazette;
"standard" means conditions governing specification, safety, description,
sampling, testing method, code of practice or any other quality aspect
relating to or connected with fertilizer manufacturing or marketing or
 any component, raw material, machinery, instrument, apparatus or
other thing whatever used, directly or indirectly in the manufacturing
or marketing of fertilizer supplements as may be recognized under
the Standards Act;
"sub-standard fertilizer" means any fertilizer which does not conform to
the standard provided for under in this Act;
''tampered package" means a package whose quality, quantity and content
has been altered ;
"tampered sample" means a sample of fertilizer or fertilizer supplement
which has been changed, altered, varied or destroyed with an intention
to defraud, cheat or misrepresent the truth.

PART II
ADMINISTRATION

Establish- 3.-(1) There is established an authority to be known as the Tanzania

ment and Fertilizer Regulatory Authority or in its acronym "TFRA".
functions
of the
Tanzania (2) The Authority established under subsection (1) shall be a body
Fertilizer corporate and shall-
Regulatory
Authority (a) have capacity to sue and be sued on its own name;
(b) have perpetual succession and a common seal which 'shall be
authenticated by the signature of the Director or in his absence
any person acting on his behalf authorized 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.

Functions 4.-(1) The Authority shall be the regulatory body in the fertilizers
of the industry and shall in particular -
Authority
(a) regulate all matters relating to quality offertilizers, fertilizer
supplements and sterilizing plants;
(b) register all fertilizer and fertilizer supplements dealers and
their premises;
(c) license fertil izer dealers;
(d) issue permits for importation and exportation offertilizer and
fertilizers supplements;
(e) maintain a register of fertilizers, fertilizer supplements and
sterilizing plants;
(f) maintain and publish periodically a register of fertilizer dealers;
No. 9 Fertilizers 2009 9

(g) implement ratified international conventions relating to

fertilizers;
(h) regulate and control the import, production, transportation,
dealing, storage, and disposal of fertilizer or fertilizer
supplements;
(i) collect, maintain and publish information related to fertilizers
and fertilizer supplement;
G) make guidelines on the sound management and effective
control offertilizers and fertilizer supplements;
(k) in collaboration with Local Authorities, conduct public
educational campaigns on the sound application and
management offertilizers and fertilizer supplements;
(I) conduct regular training of stakeholders on fertilizer matters;
(m) register inspectors and analysts;
(n) inspect or cause to be inspected fertilizer or fertilizer
supplements for quality assurance;
(0) implement policies, strategies and programmes relating 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;
(r) foster co-operation between the institute and other institutions
or organizations and stakeholders;
(s) collaborate with the national and international organizations
on all matters relating to the fertilizer and fertilizer supplement;
(t) implement specific and general directives ofthe Authority;
(u) regulate fertilizer price based on the appropriate methods as
shall be set out in the regulations;
(v) carry out any other functions as may be conferred upon it in
the performance of its functions under this Act; and Cap.191
(w) ensure that it adheres with the Environmental Management
Act.

(2) The Authority shall not engage directly or indirectly in any trade
or business connected with the production, processing, importation, sale
or distribution of any fertilizer or fertilizer supplement.
Establish- 5.-( 1) There is established a Board ofthe Authority in which powers
ment,
powers to carry out functions and management of the business and affairs of the
and duties Authority shall be vested.
of the
Board
(2) In particular and without prejudice to the generality of subsection
(1), the Board shall have power to-
(a) administer the properties of the Authority, both movab Ie and
immovable;
(b) administer the funds and other assets ofthe Authority;
(c) signify the acts of the Authority by use of the official seal;
(d) on behalf of the Authority to receive, fees, donations, grant or
other moneys;
(e) advise the Minister-
(i) on all matters relating to fertilizers;
(ii) on implementation and amendment of the fertilizer
legislation;
(iii) on approved types offertilizers or fertilizer supplements;
(f) give general advice on co-ordination, registration and regulation
the fertilizer industry;
(g) make recommendation to the Minister on the types offertilizers
to be used in accordance with appropriate soil properties;
(h) formulate policy guidelines relating to the fertilizer industry
and advise the government on appropriate policies and legal
environment which promote local industries engaged in
fertilizer manufacturing;
(i) advise the Authority on licences to be issued under this Act;
(j) . authenticate the acts of the Authority by use of the official
seal;
(k) subject to the provisions of relevant public service legislation,
to appoint any officers of the Agency whom the Board may
consider necessary; and
(1) do all acts and things as may be provided for in this Act or as
may, in the opinion of the Board, be necessary or expedient
for the proper discharge of the functions of the Authority.

Composi- 6.- (1) The composition, functions and procedures of the Board shall
tion,
functions be as set out in the Schedule.
and
procedures
(2) For the proper discharge of its functions under this Act, the
of the
Board Board shall establish a Technical Committee consisting of such number
 (3) The Minister may, by Notice in the Gazette amend, vary or replace
all or any provision ofthe Schedule.

7.-( I) There shall be the Executive Director ofthe Authority appointed Appoint-
ment of
by the President on the advice of the Minister from among persons who the
possess relevant qualifications and competence to manage efficiently Executive
and effectively the affairs of the Authority. Director

(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
(c) personnel management, development, organization, control and
discipline ofthe employees of the Authority .

(3) The Director may delegate to any person some of the powers,
duties and functions conferred or imposed upon him by this Act.

PART III
REGISTRATION AND ISSUANCE OF LICENCES

(a) Registration of fertilizer and sterilizing plant

8.-( I) Every fertilizer or fertilizer supplements or sterilizing plant Registra-
shall be registered by the Director in accordance with the provisions of tion of
fertilizers
this Act. and
sterilizing
. (2) The Director shall, prior to registration of any fertilizer, fertilizer plants
supplement or sterilizing plant, ensure that all required conditions for
registration as set out in this Act are complied with.

9-( I) Any application for registration under this Act shall be submitted Applica-
tion for
to the Director in the form and manner prescribed in the regulations. registra-
tion
(2) The Director may, after receiving an application for registration
grant registration and issue registration certificate ifhe is satisfied that
the required conditions are complied with.
 (3) The Director shall-
(a) establish and maintain a list of all registered fertilizers, fertilizer
supplements and sterilizing plants; and
(b) subject to the recommendation of the Board, publish the list
of registered fertilizers, fertilizer supplements and sterilizing
plants in the Gazette and any other journals or newspapers
widely circulated in Tanzania.

(4) Any change of particulars of a registered fertilizer, fertilizer

supplement or sterilizing plant shall be notified to the Director for re-
registration.

(5) Any person who contravenes the provision of sub section (4)
commits an offence and upon conviction shall be liable to a fine not less
than one million or to imprisonment for a term of not less than six months
or to both.

Cancella- 10.-( I) The Director may cancel or suspend the registration of

tion and fertilizer or fertilizer supplement granted under this Act ifhe is satisfied
suspen-
sion of that-
registra- (a) the registrant of such fertilizer or fertilizer supplements has
tion
contravened or failed to comply with the terms or coriditions
for registration as provided for in this Act;
(b) such fertilizer or fertilizer supplements is not of the composition
and efficacy specified in the application for registration
pursuant to the conditions set out in the regulations, thereof,
.does not possess the chemical, physical and other properties
so specified and does not comply with any requirements that
may be prescribed;
(c) the practices followed and facilities available at or in respect
of the manufacturing plant are not suitable for the
manufacturing of the fertilizer or fertilizer supplement
concerned;
(d) the person assigned or engaged to manage the business does
not have sufficient knowledge of the relevant provisions of
this Act or of the practices to be followed in the operation of
such undertaking as specified in the regulations;
(e) it is contrary to the public interest that such fertilizer or
fertilizer supplement remain registered;
 (f) incorrect or misleading advertisement is used in connection
with such fertilizer or fertilizer supplement.

(2) The Directqr may cancel the registration of sterilizing plant ifhe
is satisfied that-
(a) the registrant of such sterilizing 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 concerned is subject;
(c) the sterilizing plant does not comply with the prescribed
conditions or is otherwise not effectively equipped for the
sterilization of the substances referred to in the definition of
sterilizing plant; and
(d) it is contrary to the public interest that the sterilizing plant
shall remain registered.

11.-{ 1) Prior to cancellation or suspension of any registration of Procedure

for
fertilizer, fertilizer supplement or sterilizing plant under this Act, the
cancella-
Director shall require in writing the registrant to show cause within thirty tion or
days as to why the registration should not be cancelled. suspen-
sion of
registra-
(2) Where the registrant under subsection (1) fails to reply within the tion
period stated in the notice without good cause, the Director shall proceed
to cancel or as the case may be to suspend the registration in respect of
the registrant.

12.-( 1) The person to whom a certificate of registration was issued Availa-

bility,
in terms of section 9 shall produce or cause that certificate of registration lapse and
or a copy thereof to be available for inspection by the Director or any return of
authorized officer at all times at the establishmellt where fertilizer or certificate
of
fertilizer supplement is manufactured or sold. registra-
tion
(2) The registration of any fertilizer, fertilizer supplement or sterilizing
plant and the certificate of registration issued in respect of such registration
shall lapse if-
(a) the person to whom that certificate of registration has been
issued, ceases to manufacture or sell the fertilizer or fertifizer
supplement in question; or
(b) the establishment in question is no longer used for the
manufacture of such fertilizer or fertilizer supplement.
 (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 II, the certificate of registration in question shall, within the
prescribed period, be returned to the Director by the person to whom it
was issued.

Restric- 13.-( I) A person shall not deal with fertilizer business or operation of
tion for
sterilizing plant unless that person is licenced to that effect pursuant to
dealing
with the provisions of this Act.
fertilizer
and
sterilizing
(2) Any application for licence in terms of subsection (I) shall be
plant submitted to the Board in the form and manner as may be prescribed in
the regulations.

(3) Subjectto sub-section (I), an application for licence shall contain

among others-
(a) the name and physical address of the applicant;
(b) details of the intended business; and
(c) qualifications of personnel under whose direct supervision
the activities intended to be carried out.

(4) Upon being satisfied with the compliance with the conditions for
application, the Board shall issue a licence to the applicant and may
attach such terms and conditions as may be prescribed.

(5) The Board may appoint any person to be a licensing authority for
the purposes of this Act and shall when making any appointment, specify
the area for which that person is to be the licensing authority.

Suspension 14.-(1) A licence issued under section 13 may be suspended for a

and
cancella-
definite or indefinite period ifthe Director is satisfied that the licensee
tion of has-
licences (a) been convicted of any offence against the provisions of this
Act or regulations;
(b) become bankrupt or, if a company, has gone into liquidation;
(c) failed to comply with any conditions ofthe licence.
 (2) Any licensee whose licence has been suspended or cancelled
under this section, shall be required to surrender the licence to the Director
within such time as may be prescribed.

(3) Any person who contravenes the provision of sub-section (2),

commits an offence and upon conviction is liable to a fine not less than
one million shillings or to imprisonment for a term of not less than six
months or to both.

15. The Director shall maintain in the form prescribed in the regulations, Mainte-
a register of all licences issued under this Act and of any restorations, nance of
register
suspensions and cancellations of such licences.

16. A licence issued under section 13 shall be valid only in respect of Licences
not
the business for which it was issued and shall not be transferable to any transfer-
other person or business. able

17. Any holder of a licence issued under this Act whose licence has Replace-
ment of
been lost or destroyed may, on proof of loss and payment of prescribed
lost
fee, obtain a duplicate licence from the Director. licences

PART IV
MANUFACTURING, IMPORTATION AND TRADING IN FERTILIZER OR FERTILIZER
SUPPLEMENTS

18.-{ I) A person shall not manufacture for sale, sell, supply or store Registra-
tion of
any fertilizer or fertilizer supplement except in a sterilizing plant or
premises
premises registered under this Act for that purpose.

(2) Every 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
requirements for which the premises is intended have been
complied with;
(b) keep registers in the prescribed form of all premises registered
under this section; and
(c) for good and sufficient reasons refuse to register, or cause to
be deleted from the register, any premises which is or has
 become unsuitable for the purposes for which it was
registered.

(4) Any change of ownership of the business or any other change of

a registered premises shall be notified to the Director.

(5) Any person who contravenes or fails to comply with this section,
commits an offence and upon conviction shall be liable to a fine not less
than one million or to imprisonment of the terms of not less than six
months or to both.

Sale of 19.-{I)A person shall not sell any fertilizer or fertilizer supplements
fertilizer
or
unless-
fertilizer (a) it is registered under this Act under the name or mark under
supple-
which it is so sold;
ments
(b) it is, subject to paragraph (c), packed in such manner and
mass or volume as may be prescribed;
(c) the container in which it is sold, complies with the prescribed
requirements and is sealed and labeled or marked in such
manner as may be prescribed or, if it is not sold in a container,
it is accompanied by the invoice referred to in subsection (2);
and
(d) it is ofthe composition and efficacy specified in the application
for registration thereof, possesses all chemical, physical and
other properties so specified, and complies with the prescribed
requirements.

(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.

(3) Any person who sells any fertilizer or fertilizer supplement not in
a container shall give to the purchaser at the time of delivery or send to
him at the time of dispatch an invoice setting forth such particulars in
respect of such fertilizer or fertilizer supplement.
 20.- (1) A person shall not manufacture or sell any fertilizer or fertilizer Manufac-
ture and
supplement containing bone or any other substance derived from an sale of
animal carcass, unless such bone or substance has- fertilizers
(a) been sterilized in such manner as may be prescribed; or contain-
ing
(b) subject to the provisions ofthis Act, been imported in terms certain
of a permit issued under the Animal Diseases Act. substances
Cap. 156

(2) A person commits an offence against this Act, if that person-

(a) manufactures for sale, sells, offers or exposes for sale, or
has in his possession for sale, as a fertilizer or fertilizer
supplement or any article containing or any other substance
derived from an animal carcass which he knows or has reason
to believe has neither been sterilised in a sterilising plant
registered or licensed under the provisions of this Act nor
imported into Mainland Tanzania in accordance with permit
issued under this Act; or
(b) sells, offers, or exposes for sale, otherwise than to the holder
of a licence issued under this Act or his agent, 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 in a sterilising plant registered or licensed under the
provisions of this Act nor imported into Mainland Tanzania in
accordance with this Act.

2l.-{ 1) A person shall not import any fertilizer or fertilizer supplement Importa-
tion
in Tanzania unless- of fertilizer
and
(a) such fertilizer or fertilizer supplements is registered in terms fertilizer
of this Act; supple-
ments
(b) is of the composition and efficacy specified in the application
for registration thereof; .
(c) possesses all chemical, physical and other properties so
specified and complies with the requirements prescribed in
respect thereof; and
(d) is packed in a sealed container which is marked or labeled in
the prescribed manner with the prescribed particulars; .
(e) in the case of a fertilizer or fertilizer supplements containing
bone or any other substance derived from the carcass of an
 animal, a permit referred to in section 20 has been issued in
respect thereof.

(2) Without prejudice to the provisions of subsection (l) and (2), the
Minister may, upon consultation with the Board and on such conditions
as he may determine, in writing, permit the import of any consignment of
any fertilizer or fertilizer supplements which does not comply with the
requirements referred to in subsection (l)(a), (b) and (d).

(3) Fertilizers or fertilizer supplements imported shall-

(a) only be imported through a prescribed port or place;
(b) if the Director directs that a sample thereof be taken, not be
removed from any such port or place without the written
consent of the Director;
(c) if the Director thus directs, be made available for examination
and the taking of a sample at any such port or place in the
prescribed manner; and
(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 terms ofthis section.

(5) Where any fertilizer or fertilizer supplement has been imported

contrary to the provisions of this section, such fertilizer or fertilizer
supplement shall-
(a) at the expense of such importer, be removed from Tanzania
within such period as the Director may determine; or
(b) if such importer fails to remove such fertilizer or fertilizer
supp lement in terms of paragraph (c), be forfeited to the
Government, arid be either destroyed or otherwise disposed
of in the manner prescribed in the regulations.

Direc- 22. The Director shall keep records of all licenced or permitted fertilizer
tor to
keep dealers in a manner prescribed in the regulations.
records
 23.-( 1)Any person who manufactures fertilizer or fertilizer supplement Use of
local raw
shall use locally available raw materials. materials
for
(2) Without prejudice to subsection (1), the Board may permit fertilizer
manufac-
importation of raw material for manufacture of fertilizer or fertilizer turing
supplements if such material is not available in Tanzania or by the available
evidence to the Board that the material cannot be cheaply procured
locally.

24. Every fertilizer dealer shaH keep within his premises detailed records Fertilizer
dealers to
of fertilizer or fertilizer supplements manufactured, imported, exported,
keep
stored or sold as the case may be and such records shall be provided to records
the Director, Analyst, Inspector or any other officer assigned by the
Director whenever requested.

25.-(1) A person shall not import or export fertilizer or fertilizer Permit

for
supplement unless he possesses permit issued by the Director to that
importa-
effect. tion and
exporta-
tion of
(2) The Board shall, prior to issuing of any permit, satisfy itself that fertilizer
the provisions of the Environmental Management Act are adhered to, and
fertilizer
and that-
supple-
(a) the fertilizer or fertilizer supplements to be imported or exported ments
is registered under this Act;
(b) the applicant has the certificates of registration for fertilizer
business; and
(c) in case of exportation, the applicant has complied with relevant
legislation and policies dealing with fertilizer export.

26.-( 1) The Director may suspend or cancel the permit issued under Cancella-
tion of
section 25 ifhe is satisfied that- permit
(a) the permit has been obtained by misrepresentation at the time
of application;
(b) conditions subject to which a permit was issued have not
been complied with;
(c) the permit has been transferred to any other person;
(d) the fertilizer dealer has contravened the provisions of.this
Act;
(e) the business licence ofthe fertilizer dealer has been cancelled;
or
 (f) registration of such fertilizer or fertilizer supplement is
cancelled.

(2) The Director shaH, prior to cancellation of perm it under this section,
require in writing the holder of such permit to show cause as to why the
permit should not be canceHed.

(3) Where the permit holder under subsection (2) fails to reply to the
Director within the period as specified in the notice, the Director shall
have power to proceed with cancellation of such permit without further
notice.

Condi- 27. The Director shaH, before granting permit in terms of section 25,
tions
for granting
ensure that the standards and conditions for dealing with fertilizer business
licence or as provided for in this Act and Regulations have been complied with.
permits

Prohi- 28. A person shall not manufacture, import, export, sell, distribute
bition for any fertilizer or fertilizer supplements unless he is registered pursuant to
dealing
with this Act and conform to the standards prescribed in the regulations
unregistered
and substandard
fertilizer
Packag- 29. Any fertilizer dealer shall ensure that fertilizer or fertilizer
ing and
supplements is packed and labeled in the manner prescribed in the
labeling
regulations.
Adulter- 30.- (1) A person shaH not sell or distribute an adulterated or sub-
ated
fertilizer
standard fertilizer or fertilizer supplements.

(2) A fertilizer or fertilizer supplements shall be deemed to be

adulterated if-
(a) it contains any deleterious or harmful substance in an amount
that renders injurious to plant life, animals, humans, aquatic
life, soil, air, water or environment in general when applied
in accordance with directions for use provided for in the
Regulations;
(b) adequate warning statements or directions for use which may
be necessary to protect plant life, animals, humans, aquatic
life, soil, air, water or environment in general are not
shown on the label or shipping bills and certificate of analysis,
as the case may be;
 (c) its composition falls below or differs from that which is
purported to possess by its labeling or shipping bills and
certificate of analysis as the case may be ; or
(d) it contains foreign material other than fertilizer or fertilizer
supplement.

(3) Any 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 prescribed in the Regulations
made under this Act or other written law.

31.--{l) A person shall not use, store, discharge, release, place or Restric-
tion on
cause to be placed any fertilizer or fertilizer supplement in a manner storage
likely to cause any adverse effect to human health or the environment. and
applica-
tion of
(2) Any person who applies fertilizer or fertilizer supplements shall fertilizer
ensure compliance with the standards prescribed in the Regulations or
guidelines.

PART V
FERTILIZER INSPECTION, SAMPLING AND ANALYSIS

32. The Director shall ensure fertilizer or fertilizer supplement is Fertilizer

inspected, sampled and analyzed for quality control in accordance with quality
control
the procedures prescribed in the regulations.

33.--{I) The Minister shall, by notice published in the Gazette, appoint Appoint-
or designate qualified persons to be offertilizers Inspectors or Analysts ment of
Inspectors
who shall exercise powers in accordance with the provisions of this Act. and
Analysts
(2) Any person appointed or designated as Inspector or Analyst under
sub-section (1) shall be given a certificate, identity card or a document
as a proof of his appointment or designation which shall be produced in
the exercise of his powers under this Act.

(3) Any Inspector or Analyst shall not engage in any business connected
with the manufacturing, importation or sale of fertilizer or fertilizer
supplements.
 (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.

(5) Any Inspector or Analyst appointed under subsection (1) shall be

a designated officer accountable to the Director for the administration
ofthis Act.

Powers of 34.-(1) An Inspector appointed under section 33 may, at any

Inspectors reasonable time-
(a) enter upon and examine any place, premises, vessel or vehicle
in respect of which he has reason to believe that on or in it
there is manufactured, processed, prepared, graded, classified,
packed, marked, labelled, held, bottled, removed, transported,
exhibited, sold or used any fertilizer or fertilizer supplements~
(b) examine or test any such fertilizer or fertilizer supplements or
any ingredient thereof;
(c) examine all books and documents on or in any place, premises
or vehicle referred to in paragraph (a) in respect of which he
has reasonable grounds for believing that they relate to any
fertilizer or fertilizer supplements or any ingredient thereof,
and make copies of or extracts from such books or documents;
(d) examine any operations or processes carried out at any place
or premises in connection with the manufacturing, processing,
treatment, preparation, grading, classification, packing,
marking, labeling, holding, bottling, removal, transport,
exhibition, selling or use of any fertilizer or fertilizer
supplements, and demand from the person in charge of such
operations or processes, or the owner of or the person having
the custody of any fertilizer or ferti lizer supplements;
(e) demand from the owner or any person having the custody of
any book or document referred to in paragraph (c) an
explanation relating to any record or entry therein;
(f) seize any book, document, fertilizer or fertilizer supplements
which may furnish proof of an offence in terms ofthis Act, or
any quantity of any fertilizer or fertilizer supplements in respect
of which there is 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 supplements, or any quantity thereof, which has
so been seized, and may in his discretion place on such book,
document, fertilizer or fertilizer supplements ,or the container
thereof, such identification mark or seal as he may deem
necessary; and
(g) take samples or cause samples to be taken of any fertilizer or
fertilizer supplements or an ingredient thereof, and open any
container which contains or is suspected to contain anything
used or intended for use in the manufacture, processing,
treatment, preparation, grading, classification, packing,
marking, labeling, holding, bottling, removal, transport,
exhibition or sale of any fertilizer or fertilizer supplements
and examine, analyze, grade or classifY such samples, or cause
such samples to be examined, analyzed, graded or classified.

(2) The owner or person in charge of any premises described under

this section and any person found therein shall give to an Inspector the
reasonable assistance to enable the Inspector to carry out his duties and
functions under this Act.

(3) Any Inspector may if he has reasonable grounds to believe that

any of the provisions of this Act is violated, seize or issue a stop sale
order by means of or in relation to which the violation was committed.

(4) Any fertilizer, fertil izer supplement or package seized pursuantto

sub- section (3) shall be detained by an Inspector at any place by attaching
a detention tag or mark in the manner prescribed in the regulations.

(5) Any 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.

(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 comp)ied
with.
 (7) The Inspector shall, before inspection of the premises, take
reasonable steps to ensure that the owner or his authorised representative
is present while carrying out inspection under this Act.

Analysis 35. An Analyst who receives a sample taken under the provisions of
and restri-
ction for this Act shall as soon as is practicable analyze such sample, in accordance
tempe- with the procedures for sampling and conducting analysis as may be
ring with specified in the regulations.
sample

PART VI
ApPEALS

Appeals 36.-(1) Any person aggrieved by the decision of the Inspector, Analyst
against
the or Director regarding implementation ofthe provisions ofthis Act may,
decision within thirty days upon receipt of such decision, appeal to the Minister.
of
Inspector,
Analyst (2) Every appeal made under this Act shall be in writing, stating the
or Director grounds under which it is made.

(3) The Minister shall refer the appeal filed in terms of sub-section
(1) to the Appeals Board for consideration and determination.

Appoint- 37.-{1) The Minister shall appoint members of the Appeals Board
ment of
members
which shall be composed ofthe following-
of the (a) one person designated as a Chairman on aCcount of his
Appeals knowledge of law; and
Board
(b) two persons who, in the opinion of the Minister, command
sufficient knowledge regarding the matters which will probably
be in issue when the appeal is considered.

(2) The Appeals Board may after hearing and considering the appeal-
(a) confirm, set aside or vary the relevant decision of the Director;
(b) order the Director to execute the decision of the Appeals Board
in connection therewith.

(3) Procedures for appeals under this Act shall be as may be prescribed
in the regulations.

(4) A member of the Appeals Board may be paid such allowances as

the Minister may determine.
 PART VII
FINANCIAL PROVISIONS

38. The funds and resources of the Authority shall consist of- Funds Wld
resources
(a) such sums of moneys as may be appropriated by the of the
Parliament; Authority
(b) any moneys raised by way of loans, grants made within and
outside the United Republic;
(c) any moneys raised by way of fee or charges imposed under
the provisions ofthisAct;
(d) any loan or subsidy granted to the Authority by the Government
or any other person;
(e) such sums of money or property, which may become payable
to or vested in the Authority under this Act or any other written
law.

39.-(1) The Authority shall cause to be kept and maintained in Accounts

Wld audit
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
(c) all the income and expenditure statement of the Authority.

(2) Within six months of the close of every financial year, the accounts Act
No. II
including the balance sheet of the Authority shall be audited by the of 2008
Controller and Auditor General in accordance with the provisions of the
Public Audit Act.

(3) Every audited balance sheet shall be placed before a meeting of

the Board of and, if adopted, it shall be endorsed with a certificate to that
effect.

(4) As soon as the accounts of the Authority have been audited, and
in any case not later than six months after the close ofthe financial year,
the Board shall submit to the Minister a copy of the audited statement of
accounts together with a copy of the report on that statement made by
the auditors.
 (5) The Minister shall, as soon as practicable after receiving the report,
lay before the National Assembly the audited accounts of the Authority
together with the auditor's report, if any, on the accounts.

PART VIII
GENERAL OFFENCES AND PENALTIES

Offences 40.-(1) Any person who-

and
penalties
(a) deals in with unregistered fertilizer or fertilizer supplement;
(b) deals with fertilizer or fertilizer supplement without being so
registered;
(c) obstruct the Director, Inspector, Analysts or any officer
responsible for the enforcement of this Act;
(d) operates a sterilizing plant which is not registered under this
Act;
(e) willfully delays or obstruct, threatens, or assaults an Inspector
or Analyst to perform his duties under this Act;
(f) willfully refuses to provide any information required by the
Inspector, Analyst or any other official engaged in carrying
out the duties and functions under this Act and the regulations
made thereto;
(g) sells any fertilizer or fertilizer supplement upon the container
of which a false or misleading statement in connection with
such contents is printed or written;
(h) makes any false or misleading statement in connection with
. any fertilizer or fertilizer supplement;
(i) willfully destructs or tempers with any information required
for proper administration of this Act or regulations made
thereto;
(j) fails to comply with an order issued under this Act;
(k) tampers with any sample taken in terms of this Act, or with
anything seized in terms of this Act;
(I) sells any fertilizer or fertilizer supplements which is not ofthe
kind, nature, composition, strength, potency or quality described
or represented when so sold;
(m) having been duly summoned to appear before the Board, fails
without lawful excuse so to appear;
 (n) having appeared as a witness before the Board, refuses
without lawful excuse to be sworn or to make affirmation or
to produce any document or answer any question which he
may be lawfully required to produce or answer;
(0) not being qualified as Inspector or Analyst purports to act in
that behalf; or
(p) 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 fertilizer supplement
which is no longer valid,
commits an offence.

(2)Any person who commits an offence against the provisions of this

Act or of any subsid iary legislation made under this Act shall, except as
otherwise provided, be liable on conviction to a fine not less than five
million shillings and not more than ten million shillings or to imprisonment
for a term of not less than six months and not exceeding three years or
to both.

(3) The court may in addition to any penalty imposed under this Act,
order any article in respect of which such offence is committed or used
for the commission of such offence to be forfeited.

41. Where an offence is committed and due to that commission a Compen-

sation for
person has suffered a direct damage or loss of his property, the court
damage.
may, in addition to the penalty provided under this Act, order the offender
to compensate the person who suffered loss or damage.

42.-( 1) Any act which if done by an individual would be an offence Offences

by body
against this Act or any regulations or orders made under this Act shall, if corporate
done by a body corporate, be an offence by a Director and Secretary or firm
thereof unless he proves that the offence was committed without his
consent or connivance and that he exercised all such diligence to prevent
the comm ission of the offence as he ought to have been exercised having
regard to the nature of his functions in that capacity and to all
circumstances.

(2) Where an offence against this Act or any regulations or orders

made under this Act has been committed by a partner in a firm, any
person who at the time of the commission of the offence was a partner
 in that finn, or was purporting to act in that capacity, shall be deemed to
have committed that offence, unless he proves that the offence was
committed without his consent or connivance and he exercised all such
diligence to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in that capacity
and to all the circumstances.

Evidence 43.-( 1) Any document purporting to be a report under the hand of an

and
procedure Analyst appointed under the provisions of this Act, may be admitted in
evidence in any civil or criminal proceedings concerned with the article
sampled and shall be sufficient evidence of the facts stated therein unless
the defendant or person charged requires that the Analyst be called as a
witness.

(2) Any 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 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) any quantity of a fertilizer or fertilizer supplement in or upon
any premises, place, vessel or vehicle at the time a sample
thereof is taken pursuant to the provisions of this Act shall,
unless the contrary be proved, be deemed to be of the same
composition to same degree of efficacy and possess in all
other respects the same properties as that sample;
(b) any person who is proved to have tampered with any sample
shall be deemed to have acted with fraudulent intent unless
the contrary is proved;
(c) a certificate stating the result of an analysis or test carried
out in pursuance of the provisions of this Act and purported
to be signed by the analyst who carried out such analysis or
test shall be accepted as prima facie proof of the facts stated
therein;
(d) any statement or entry contained in any book or document
kept by any manufacturer, importer or owner of a fertilizer or
fertilizer supplements, or by the manager, agent or employee
of such person, or found upon or in any premises occupied
 Fertilizers

by, or any vehicle used in the business of such person, shall

be admissible in evidence against him as an admission of the
facts set forth in that statement or entry, unless it is proved
that that statement or entry was not made by such person, or
by any manager, agent or employee of such person in the
course of his work as manager, or in the course of his agency
or employment.
44. In any proceedings for an offence under this Act, the burden to Burden of
prove that the order, direction or requirement, the contravention of which proof
constitutes the offence with which 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.

PART IX
MISCELLANEOUS PROVISIONS

45. Without prejudice to the provisions of Section 28A of the Penal Indemnity
Cap. 16
Code, no matter done by any person exercising or purporting to exercise
any function under this Act or under any subsidiary legislation made
under this Act shall, if done in good faith in the execution or purported
execution of his functions under any of the provisions ofthisAct or such
subsidiary legislation, subject any such person as aforesaid to any action,
liability, claim or demand whatsoever.

46. The provisions ofthis Act shall not apply to a sale, offer or exposure Exempted
for sale, where a bailiff, court broker or other officer in the course of sales

executing any order or process of a court makes such sale.

47. If any person, by failing to comply with this Act or acting contrary Recoverable
costs
to this Act or subsidiary legislation made under this Act, causes an
Inspector or Analyst to incur an expense that would not otherwise have
been incurred, that person shall pay to the Government of the United
Republic the full amount of that expense reasonably incurred, and that
amount shall he recoverable from him as a debt due to the Government.

48. Any removal, reshipment or destruction of any fertilizer, fertilizer Expenses

for
supplement, package or article to which this Act applies, shall be carried destruc-
out at the expenses of the owner, occupier or any person entrusted with tion of
fertilizers
and
fertilizer
supple-
ments
 the charge of the premises where such fertilizer, fertilizer supplement,
package or article is found.

Notifica- 49. Where any order or direction made or given by the Minister, or
tion of
order
the Director under this Act is not required to be published in the Gazette,
and the order or direction shall be brought to the notice of persons affected
directions or likely to be affected thereby in a manner determined by the Minister.

Exemp- 50. Notwithstanding of section 8 the Minister may, after consultation

tion
with the Board and by Order published in the Gazette prescribe types of
fertilizer or fertilizer supplements which may be exempted from
requirements of this Act or Regulations made under this Act.

Power to 51.- (1) The Minister shall, at the appropriate time, make regulations
make
Regula-
for the better carrying into effect of the provisions of this Act.
tions
(2) Without prejudice to the generality of sub-section (1) the Minister
may make regulations-
(a) prescribing the manner in which fertilizers, fertilizer
supplements, or sterilizing 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 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 sterilized, and the
manner of inspection of sterilizing plants;
(c) prescribing the requirements with which any establishment
shall comply, the practices which shall be followed in the
operation of any undertaking at any establishment, the facilities
which shall be available at any establishment, and the records
to be kept and the information to be furnished in respect of
any establishment and the operation of any undertaking at
any establishment;
(d) prescribing the records to be kept and the returns to be
rendered in respect of registered premises and sterilizing
plants;
(e) for preventing the adulteration of fertilizers or fertilizer
supplements or the tampering with containers thereof;
(f) prescribing the methods to be employed, the fees to be paid,
and the certificates to be issued in respect of the examination,
analysis or test of samples taken under this Act;
(g) regulating the manner in which fertilizers or fertilizer
supplements intended for sale may be handled and stored;
(h) regulating the manner in which fertilizers or fertilizer
supplements intended for sale shall be packed, labeled,
branded, marked and sealed;
(i) prescribing the limits within which any fertilizer or fertilizer
supplement may be deficient in any of its ingredients and the
proportion in which any preservative, antiseptic or other
constituent may be present therein;
(;) regulating the equipment and appliances to be used in the
licensed sterilizing plant and their mode of operation;
(k) prescribing the manner in which samples may be taken and
dealt with;
(I) 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 in
advertisements offertilizers or fertilizer supplements;
(n) prescribing minimum qualification and any additional duties
of Inspectors and Analysts;
(0) respecting the detention of anything seized or placed under
stop sale under the provisions of this Act and for the
preservation or safeguarding anything so detained;
(p) prescribing the particulars to be set forth in any invoice to be
furnished under this Act;
(q) requiring any person who has in his possession or under his
control any fertilizer and fertilizer supplement to keep records
relating thereto in the form and manner prescribed, and to
render returns in the form and manner and at the times
prescribed;
(r) prescribing the composition, efficacy, chemical, physical or
other property required in respect of any substance in order
that it may be imported, sold or registered as a fertilizer or
fertilizer supplement;
(s) prescribing procedures for appeal under this Act;
(t) respecting the disposition of anything forfeited to the
government under this Act;
 (u) prescribing Fonns to be used for any application under this
Act;
(v) the procedures for testing fertilizers and fertilizer supplement;
(w) prescribing anything which is by this Act required or authorized
to be prescribed.

Transi- 52. Any fertilizer dealer shall, within twelve months after coming into
tional
provision force ofthis Act, apply to the Director for the registration of the fertilizer
or fertilizer supplements manufactured, ordered, imported, sold or stored.

Repeal
Cap. 378

Composi- I. -(I) The Board shall consist of the Chairperson to be appointed by the President
tion of the and ten other members to be appointed by the Minister as follows·
Board

(a) a representative from the directorate responsible for fertilizer development in

the Ministry;
(b) a representative from the directorate responsible for land use management in the
Ministry;
(c) one representative from association offertilizer dealers to be appointed
by the Minister on recommendation from respective association;
(d) two representatives from farmers association or co-operative societies be
appointed by the Minister on recommendation from respective association;
(e) a representative from the national institute responsible for standards;
(1) a representative from the national institute responsible for environmental matters;
(g) a representative from national institute responsible for radiation;
(h) a representative from higher learning institution dealing with soil science and
production;
(i) a representative from the national institution responsible for research on soil
fertility.

(2) The Director shall be the Secretary to the Board.

(3) All meeting 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 advise and such co-opted person
shall have no right to vote.

2. A member ofthe Board other than an ex-officio member shall hold an office for a Tenure
period not exceeding three years or for such shorter periods as may be specified in his of office
instrument of appointment. of members
of the
Board

3.-( 1) At least half of the members of the Board shall constitute a quorum at any Members
meeting and all decisions to be arrived at by the meeting ofthe Board shall be decided by Quorum
a simple majority of the members present.

(2) Each member ofthe Board shall have one vote and in the event of equal votes,
the Chairperson of the meeting shall have a second or casting vote in addition to his
deliberative vote.

4. Minutes in proper form of each meeting of the Board shall be properly kept and Minutes of
confirmed by the Board at its next sitting and signed by the Chairperson of the meeting. Board's
meetings

S. The Board shall have power to regulate its own procedures in respect of meetings
and proper conduct of its business.

6. The Board shall cause to be recorded and kept minutes of all business conducted Minutes
or transacted at its meetings, and the minutes of each meeting ofthe Board shall be read of the
and confirmed, or amended, at the next meeting of the Board and signed by the meetings
Chairperson and Secretary.

7. Members of the Board shall be paid such allowances as may be approved by the Allowances
of the
Minister responsible for Finance from time to time.
members

...............
~Ji..~ .