Food (Control of Quality) Act, 1978 (Act No. 10 of 1978)

No. 10 Food (Control of Quality) nm UNITED REPUBLIC OF TANZANIA No. 10 OF 1978 I ASSENI~ J. K. Nl'EREU. Pruidm 19m Mu. 197! An Act to repeal the provisions of the Food and Drugs Ordinance which relate to food; to repeal the Meat Hygiene Ordinance, ami to provide for the more efficient control of the food industry 1ST OCToBER. 197! ENACI'ED by the Parliament of the United Republic of Tanzania PART I PRELIMINARY 1. This Act may be cited as the Food (Control of Quality) Act. 1978. Shan titn and subject to section 2. shall come into operation on such date as the and Minister may. by notice in the Gazette, appoint. ~:~ %.-(1) This Act shall app'y in the manner in which the Minister may. AppJicMioJl from time to time. by order in the Gazette, direct. and the order or orders may either apply this Act throughout the United Republ.c, or may apply all or any of its provis.ons to certain areas of the United Republic. to certain premises or categories of premises or in any other way. and any order may specify different dates. or periods for the applicat.on af different provisions of this Act. (2) Nothing in this Act shall apply to Of' be deemed to restrict or affect in any way the preparation of food which. or the slaughter of any animal whose meat or the product derived from whose meat, is not intended for distribution. sale or export for human consumption. nor to impose any obligation in relation to any food prepared, or to the carcass of any animal slaughtered but not intended for distribution. sale or sport for human consumption. 3. In this Act, unless the context otherwise requires- Interpreta· ~vertisement" includes any structure or apparatus erected, used. or" intended to be used. solely for the display of adveIt.sements; 109 No. 10 Food (Control of Quality) 197. Cap.376 "the appointed day" means the date appointed by the Minister under section 1 as the day on whch this Act shall come into operation; "authorized officer" where used in this Act (a) means a health inspector, a medical officer, a veterinary surgeon registered or licensed under the Veterinary Surgeons Ordinance. and includes a health auxiliary. an Ass.stant Medical Officer, a Medical Assistant, and a person having such qualifications as may be prescribed or any other person, appointed by the Minister under section 61 for the purposes of this Act; and (b) for the purposes of the provis'ons of this Act relating to the taking of samples, includes a police officer of or above the rank of corporal; "the Commission" means the National Food Control Commission established by section 4; "cream" means that part of milk, rich in fat. which has been separated by skimming or by any other means; "food" meeans anything, other than drugs or water, consumed by humans; "Government Analyst" includes any person authorized by the Minister to Act as a Government Analyst for the purposes of this Act; "human consumption" includes use in the manufacture of food for human consumption and "consume" shall be construed accordingly; "licence" means a l'cence granted under section 8, permitting the ho!der to manufacture food for human consumption; "licensee" means the holder of a licence granted under this Act; "manufacture" with its grammatical variations and cognate expressions, means to subject any physical article or substance of food to any process including preparation. which (a) materially changes the article or substance of food in its compo sition, character or appearance; and (b) results in that article or substance of food, after being proces sed, being possible of consumption by human beings, whether on purchase or otherwise; "medical officer" means any medical officer (including a medical officer of health) in the service of the Government, and includes an; registered medical practitioner appointed by the Director of Hospital Services to be a medical officer for the purposes of this Act. "member", in relation to the Commission, means a member of the Commission and includes the Chairman and the Vice-Chairman: 110 No. 10 Food (Control of Quality) 1978 "premises" includes land, buildings, structures and basements and, in relation to any building, includes a part of a building and any curti'age, forecourt, yard or place of storage used in connection with the building or part of that building; "Registrar" means the Registrar of the Commission appointed under section 6; "sanitary convenience" means a latrine, privy, urinal, water closet, pit latrine or earth closet; "slaughterhouse" means any premises or place habitually used for the slaughter of animals for human consumpt'on: "vessel" means a ship, boat or air craft, and includes a receptacle of any kind, whether open or closed; PART II THE NATIONAL FOOD Cor.."TROL CoMMISSION 4.-(1) There is hereby established a body to be known as the National Establisrh h F d C ' C .. ment 0 t e00 ontrol ommission. National (2) The First Schedule to this Act shall have effect as to the composition ~~~1 01 and proceed'ngs of the Commission and otherwise in relation to it. Co~issioD (3) The Minister may, by order in the Gazette, amend, vary or replace all or any of the provisions of the First Schedule to this Act. 5.-(1) The functions of the Commission shall be- Functions . .. • • . of the (a) to regulate, in accordance WIth this Act, the importation, manufac- Commission ture, labelling, marking or identification, storage and sale and distribution of food or any materials or substances. used in the manufacture of food; (b) to prescribe minimum standards of quality in respect of food manufactured or imported or intended to be manufactured or imported in or into the United Republic; (c) to test or facilitate the testing of food manufactured in or impor ted into the United Republic with a view to determining its fitness for human consumption; (d) to approve and register foods manufactured or intended to be manufactured within the United Republic, whether or not for export purposes; (e) to attend to and, where possible, take legal measures on, compla ints made by consumers against food manufacturers; (0 to do such acts or take such measures as are, in the opinion of the Commission, necessary or expedient for the prevention of health hazards to consumers which may result from the consump tion of food of low or bad quality. (2) In the performance of its functions, the Commission shall, as far as is practicable. maintain a system of consultation and co-operation with III No. 10 Food (Control of Quality) 1978 Acts. 1973 No. 24 Acts, 1975 No.3 Appoint· ment and functions of Registrar (a) the Tanzania Food and Nutrition Centre, established by the Tanza nia Food and Nutrition Centre Act, 1973; (b) the Tanzania Bureau of Standards. established by the Standards Act. 1975. and any other body established by or under any Written Jaw and having functions similar to those specified in subsection (1) or which relate to food quality standards or to public health generally. 6.-(1) The Minister shall appoint a public officer to be the Registrar. who shall also be Secretary to the Commssion. (2) The Registrar shall perform the duties prescribed in relation to his office under this Act and shall perform such functions as may, from time to time. be specified by the Minister or the Commission. PART III Application for the arant of a licence CONlROL OF TIJE MANUFACTURE OF FOOD Licensing of Manufacturers Restriction 7.-(1) No person, shall, on or after the appointed day. carry on, or ::~~facturc advertise that he is carrying on, the bus'ness of a food manufacturer of food unless he is the holder of a licence issued under section 8. (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on eonv'etion to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding five years or to both that fine and imprisonment. 8.-(1) Subject to subsection (2), an application for the grant of a licence shall be made to the Commission in the prescribed manner and shan be accompanied by the prescribed fees. (2) The Commission shall only grant a licence under this section if it is satisfied (a) that the premises in which the applicant proposes to manufacture food have been inspected and registered by an authorized officer under section 14; (b) that the substances he intends to use are of a quality satisfactory of the standards prescribed by the Commission in respect of the food he proposes to manufacture; (c) that he has sufficient financial resources such as would enable h'm, in relation to the manufacture of food, to maintain the standards of quality prescribed by or under this Act; (d) that he has not. within twelve months immediately preceding his present application. been convicted of an offence under this Act or any other written law relating to food quality standards; (e) that he is not disqualified hI any other way from holding a licence or a person whose l'cence is suspended; a! id 112 No. to Food (Control of Quality) 1978 (f) that he meets in all respects such other requirements which may be prescribed in respect of food manufacturers. 9.-(1) As soon as practicable after the Commission has accepted an ~cgister of applicatioa for the grant or restoration of a licence. the Registrar shall }~~dsed enter in a register. kept and maintained for that purpose and in such manufa form as may be prescribed. in respect of that person the following cturers particulars (a) his name and address; (b) the date on which the licence is granted; (c) the serial number. if any. of the licence; (d) particulars of any fees paid. or due but not paid. in respect of the licence under section 10; (e) par.culars of any revocation of the licence under section 11; and (0 such other particulars as the Commission may. from time to time. direct. (2) All changes in the part'culars registered under subsection (1) shall beentered in the register by the Registrar. (3) The Registrar may. with the general or specific approval of the Commission, rectify any clerical errors in the register or other document containing extracts from the register. lO.-fl) A licence shall ?e. in such f?rID as the Minister may. after ~:;J~~: consultat on WIth the COIDmlSSlon. prescribe, licence. (2) A licence shall have and continue to have effect from and includ ing the day when it is issued until it ceases to have effect in accordance with subsection (4) Or it is revoked under section 11. (3) The prescribed fee in respect of a licence shall be payable annually on or before the anniversary of the day when the licence was issued in the year concerned. (4) If the prescribed fee in respect of a licence is not paid in accordance with subsection (3) it shall cease to have effect immediately after the anniversary concerned. 11.-{1) The Commission shall suspend any licence granted by it if it is SuspensiOll informed in writing by an outhorized officer- and . revocattoa (a) that the premises on which the licensee manufactures food no of IicclWO longer satisfy the conditions of registration unoer section 13; or (b) that proceedings are pending in court against the licensee for contravention of any of the prov'sions of this Act. and upon such suspension, subject to such conditions as the Commission may deem fit to unpose, the licence shall cease to have effect. (2) The Commission shall. either of its own motion or upon the petition of an authorized officer or any other person. revoke any licence issued by it, if it .is satisfied 113 No. 10 Food (Control of Quality) 1978 Appeals by I!d!!rieved re.liQIlS Restriction on use of premises for manufacture of food Application for and registration of premises (a) that the licensee knowingly made a false statement or a statement which he did not believe to be true in his application for the licence: (b) that the licensee no longer meets all or a majority of the require ments of section 8 \.2); (c) that the licensee has been convicted of an offence under this Act involving the disregard of food quality standards prescribed by the Commission; or (d) that the licensee has been guilty of fraudulent conduct or dishonesty in his business as a food manufacturer. (3) A licence may be revoked for grounds specified in subsection (2) (c) on the recommendalion of the court by which the licensee was convicted of the offence. (4) When a licence is suspended or revoked the Registrar shali notify the licensee in writing of that fact and of the reasons for the suspension or. as the case may be. the revocation. (5) Except in the case of revocation under subsection 2 (c). no licence shall be suspended or revoked unless an inquiry has been conducted In accordance WIth regulations made by the Minister in that behalf. giving the licensee an apportunity to beheard. 12. Any person who (a) being an applicant for the grant or restoration of a licence. is aggrieved by a refusal of the Commission to grant his application; Or (b) being a licensee. is aggrieved by the suspension or revocation of his licence. may appeal to the High Court iU1 accordance with the provisions of section 56. Premises for Manufacture of Food 13.-(1) No person shall manufacture food except in premises registered in accordance with section 14. (2) The registration of any premises under section 14 shall cease to have effect upon the expiration of thirty days from the date of any change in the ownership of the food manufacturing business carried on there. 14.-(1) An application for registration of premises. accompanied by the prescribed fees shall be made in the prescribed manner to an authorized officer who has power to register premises within the area in whch the premises are situated. (2) On receipt of the application. an authorized officer shall inspect the premises and may register them as food manufacturing premises if he is satisfied (a) that the premises are suitable for the manufacture in them of any food for human consumption; 114 No. 10 Food (Control of Quality) 1978 . --- . --------- (b) that the premises meet the staadard requirements for premises in which lla manufacture the kind of food wh'ch the applicant proposes to manufacture in those premises; and (c) that the applicant has sufficient financial resources to maintain those premises in accordance w.th requirements of food hygiene specified in regulations made under section 33. (3) If an authorized officer grants an application made under sub section (1), he shall enter the name of the applicant in a prescribed register. together with such other particulars relating to the premises as the Commission may prescribe. (4) An authorized officer to whom an application is made for registration of premises may grant or refuse the application, or may grant. or grant it subject to such conditions as he may see fit to impose; but where any conditions are imposed the premises shall not be regarded as registered for the purposes of section B (2) (a). (5) Any person who is aggrieved by the refusal by an authorized officer to grant an application for registraton or the imposition by him of conditions upon registration, may appeal against the decision to the Commission whose decision on the appeal shall be final. 15.-(1) The Commission may, on the recommendation of an Canc~lIation authorized officer, cancel the registration of any premises regi- of reglfstra d . 14·f·· . fied h he oremi non 0stered un er section 1 It IS sans t at t e premises are no premises longer suitable for the manufacture in them of any food for human consumption or for the manufacture of the kind of food which is manufactured in them. (2) Any person who is aggrieved by the decison of the Commission may appeal to the High Court in accordance with the provisions of section 56. PART IV GENERAL PROVISIONS REGARDING FOOD Composition and Labelling of Food 16.-(1) The Minister may. after consultation with the Commission. Regulations make regulations prescribing mnimum standards to be complied with rfgarding by manufacturers with regard to the oompostion of food or its bacteriolo- ~~~posjtjon gical or chemical standards. of food (2) Without prejudice to the generality of the power conferred by subsection (1), the Minister may in those regulations (a) require, prohibit or regulate the addition to food or extraction from it of any specified substance or any substance of any specified category. or the use of any substance as an ingredient in the manufacture or preservation of that food; 115 No. 10 Food (Control of Quality) 1978 Prohibition OD manufa eture and ..Ieof adulterated rood (b) prohibit, restrict or regulate the importation or manufacture or the sale, possession for sale, offer or exposure for sale, or the consignment or delivery, of food or any of its .ngredients which do not comply with those regulations: (e) prohibit or regulate the importation of any food which. in his opin on, is or may be prejudicial to public health: (d) prohibit, restrict or regulate the importation or use of any specified materials. or materials of any specified category, in the manu facture of apparatus 01 utensils intended for use in the ml11U facture Or preservation of food; (c) prescribe or provide for methods of analysis for the purpose of ascertaining the presence in any food, or the absence from it, of any specified substance. or the quant.ty of any substance present in any food. (3) In making regulations under this section, the Minister shall have regard to the desirabilty of restricting. so far as is practicable, the use in the manufacture of food of substances of no nutritional vaiueas foods. 17.-(1) No person shall with intent to cause food to be sold for human consumption (a) and any substance to the food, use any substance as an ingredient of that food in its manufacture or abstract any constituent from it; or (b) subject the food to any other process or treatment, SP as, in any such case, to produce food of a quality below the prescribed minimum standard, whether or not that food thereby becomes injurious to health. (2) Subject to this section. no person shall distr'bute, sell or offer. expose or advertise for sale for human consumption. or have in bis possession for the purpose of that distribution or that saQ.e. any food manufactured .n contravention of subsection (1). (3) Any person who contravenes any of the provisions of subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of not more than ten thousand shillings or to imprisonment for a term not more than five years or to both that fine and imprisonment. (4) Where, in proceedings for an offence under this section, it becomes necessary to determine whether or not any article of food is injurious to health. regard shall be had not only to the probable effect of that article on the health of a person consuming it. but also to tht probable comula live effect of articles of substantially the same composnion on the health of a person consuming those articles in ordinary quantities. (5) In any pooceedings for an offence under subsection (3) consisting fA. the advertisement for sale of any food. It shall be a defence for the person charged to prove that.. be!ng a person. whose business.it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business. 116 No. 10 Food (Control of Quality) 18.-(1) Any person who sells to the prejudice of a purchaser any General food which is not of the nature, substance or quality of tho food f~~tectJon demanded by the purchaser shall be guilty of an offence. purchasers of food (2) Where regulations made under section 16, contained provisions prescnbmg the composition 01, or prohibiting OJ fQtnctJna the addition to, any food. or the extraction from it, of any substance. a purchaser of that food shall, unless the contrary is proved, be deemed, for the purposes of subsection (I), to have demanded a food complying with the provisions of the regulations. (3) In any proceedings for an offence under subsection (I), it shall not be a defence fo the defendant to allege that the purchaser bought for analysis or examination and therefore was not prejudiced. (4) In this section, references to sale shall be construed as references to sale for human consumption. 19.-(1) Any person who gives out with any food sold by him. 01' False displays with any food exposed by him for sale. a label, whether or labelling. not attached to or printed on the wrapper or container. which- ~:;:;te~; (a) falsely describes the food: or food (b) is calculated or. regard being had 10 the c'rcumstanees surround ing rhe food IS reasonably likely to mislead as to Its nature. sub stance or quality, shall be guilty of an offence, unless he proves to the satisfaction of the court that he did not know. and could not with reasonable diligence have known. that the label was of the character it is alleged to be, and shall be liable on conviction to a fine of not less than ten thousand shillings. (2) Subject to subsection (3). any person who publishes, or is a party to the publ'caton of an advertisement. not being a label given out or d~played by him wbich-« (a) falsely describes any food; or (b) is calculated or. regar-d being had to the circumstances surr0 unding any food. is reasonably likely to mislead as to the nature, substance or quality of the food. shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings. (3) In proceedings for an offence under subsection (2) it shall be a defence for a defendant to prove either (a) that he did not know, and would not with reasonable diligence have known. that the advertisement was of the character descri bed in that subsection; or (b) that being a person whose business it is to publish. or arrange for the publ'cation of advertisements he received the advertise ment for publication in the ordinary course of business. 117 No. 16 Food (Control of Quality) 1978 Offence« regarding sale, etc.• of unfit food food offered ll.S prizes. etc. . (4) For the purposes of this section, a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of that food. (5) ln proceedings for an offence under this section it shall not be a defence for a defendant to prove that a label or advertisement in respect of wh'ch the offence is alleged to have been comm itted contained an accurate statement of the composition of the food. nor shall such proof preclude the court from finding that the offence was committed. Food Unfit for HUll/an Consumption 20.-(1) Any person who (a) distributes, sells, or offers or exposes for sale. or has in his possession for the purpose of distribution. sale or manufacture for sale; or (b) deposits with, or consigns to, any person for the purpose of dis: ribution or sale or of rna nufucture for distribution or sale. any food intended. but unfit, tor human consumption shall be guilty of an offence. (2) Where any food in respect of which all offence under paragraph (a) of subsection (1) has been committed was distributed or sold to the offender by some other person, that other person. shall also be guilty of an offence. (3) Where a person is charged with an offence under paragraph (b) of subsection (1), or under subsection (2), it shall be a defence for him to prove either (a) that he gave notice to the person with whom he deposited, or to whom he consigned, distributed or sold, the food in question that it was not intended for human consumption or, as the case may be, for use by man; or (b) that at the time when he delivered or dispatched it to that person either the tood was fit for human consumption or he did not know. and could not with reasonable diligence have known. that it was unfit. 21.-(1) Sections 20 and 22 shall apply in relation to-> (a) any food intended for human consumption which is offered as a prize or reward in connection wth any entertainment to which the public are admitted. whether or not on payment of money. as if such food were or had been. exposed for sale by each person in the organization of the entertainment; (b) any food intended for human consumption which is offered all a prize or reward or given away for the purposes of adverti scmcut, or in furtherance of any trade or business. :l~ ;1' d,~ f O( >" I were, or had been. exposed for sale by the person offering or giving it away; 118 No. 10 Food (Control of Quality) 1978 (c) any food intended for human consumption which is exposed or deposited in any premises for the purpose of being so offered or given away as if the food were, or bad been, exported for sale by the occup.er of [he p.em.scs, (2) In this section, the expression "enterta.nment" includes any social gathering, amusement. exhibition, performance, game, sport, lottery Or trial of sk.ll. 22.-(1) Any authorized ollicer may, at all reasonable times, examine Examination any food intended for human consumption which has been distributed, of food sold, or is offered or exposed for sale or is in the possess.on of, or has suspected bee d ited ith ' ed f th . to ben epositec Wi or consign to, any person or e purpose or unfit distribut.on of sale or of manufacture for sale, if it appears to him to be for human unfit for human consumption, and may seize it and remove it in order consumption to have it dealt with by a magistrate, (2) An authorized ollicer who seizes any food under subsection (1) shall inform the person in whose possession the food was found of his intention to have it dealt WIth by a magistrate, and any person who under section 20 might be liable to prosecution in respect of the food shall, if he attends before the magistrate upon the application for its condemnation, be entitled to be heard and to call witnesses. (3) If it appears to a magistrate that any food brought before him is unfit for human consumption he shall condemn the food and order that it be destroyed or that it be so disposed of as 1D prevent it from being used for human consumption. (i) If the mag.strate refuses tD condemn any food seized by an authorized oflicer and brought before him under this section, the food shall be restored tJ the person in whose possession it was found and he shall be compensated for any depreciation in the value of the food if he satisfies the court that depreciation resulted from the vseizure and removal of that food. 23.--(1) An authorized olliccr may seize, and cause to be disposed Power to of in such manner as he may think fit, the carcass, or any part of the s~ize and carcass, of any an.mal received into a slaughterhouse for the purpose dispose of of slaughter for food for human consumption which on examination ~~l~dass of is found to be diseased or unfit for human consumption, and no compen- slaughtered sation shall be payab'e lU the '.J\"ll';i of that carcass or any part of it. animals (2) Where, in pursuance of subsection 0), any carcass or a part of it is seized by an authorized officer, he shall, before causing it to be disposed of record or cause to be recorded (a) a description or other particulars as will suffice to identify the carcass or the part of it; and (b) the grounds upon which the seizure was effected. (3) For the purpose of this section, an authorized officer may deal with poultry and fish in the same manner as if the poultry and fish were carcasses of animals for slaughter. 119 No.1' Food (Control 01 Quality) 1978 Restriction on importa tion of food Importation oi Food 24.-(1) No person shail, on or after the appointed day. carry on the business of an importer of food unless he is registered by the Comnuss.on under secuon 2:> as an unpor.er of food. (2) The Commission shall cause to be kept and mainta'ned under this section and in the prescribed manner a register containing (a) the name of every registered imoprter of food; (b) the date of regstratson: (c) the kind or kinds of food in respect of which he is registered as an importer; (d) the bacteriological or chemical composition of the food he imports; and (e) such other particulars as the Minister may. from time to time. prescribe. (3) The provisions of section 25 shall be complied with by every person registered as an impo: ter of food on every occasion he proposes to import food which was not included in his original appllcauoa for registration. Application 25.--(1) Every application for registration as an importer of food for registra- shall be addressed to the Registrar and shall be in the prescribed form. tien (2) Upon receipt of an application for registration the Commission shall. as soon as is practcable, proceed to consider the application and grant registration if it is satisfied that Restriction mov. ment of imported food (a) the compositon of the food proposed to be imported is not of a quality below the mmmum standards prescribed under thisAd; (b) importation and consumption of the food proposed would enhance or contribute in any other way to the national effort to improve the nutritional status of the people of Tanzania, 26.-(1) Without prejudice to any power of examining food conferred by this Part. any public officer authorized in writing in that behalf by the Commission may give directions to the person in possession of any food which is impo. ted for human consumption. prohibiting or restricting its removal or delivery (a) during any period of not more than seventy-two hours: and 0» if within that period the officer so requires, UlJItiJ that person bas notified the officer of the name of the person to whom. and the address to or at which. he proposes to send or ~liver that food. (2) Any person who fails to comply with any direction reo under IUbsection (I), or who. in a notification under that subsection. knowingly makes any false statement or ODe which he does not believe to be true. shall be guilty of an offence. 120 No. 18 Food (Control of Quality) PART V PARTICULAR ARTICLES OF FOOD m8 Milk and Cream Substitutes 27.-(1) The Minister may. after consultation with the Commission. Rul~ and with such other person as he may determiae, make rules for the~~I~~l: purposes of (a) regu'ating the addition to milk intended for human consumption any water Or colouring matter, or any dried or condensed milk or liquid reconstituted from condensed milk: (b) regulat ng the extraction of any matter or substance from milk intended for distribut.on or sale for human consumption; (c) regulating in any other way the composition and other dealings in mille (2) Rules made under th's section shall be published in the Gazette. 28.-(1) No person .,hi:- Milk from diseased (a) sell. or offer or expose for sale. for human consumption: or cow. not to (b) use in the manufacture of food for sale for human consumption. be sold the milk. of any cow which to his knowledge bas tuberculous milk. or IS sutienug iron! euiaciauon due La iuoerculosis or tram tubercu losis of the udder, acute mastitis, actinomycosis of the udder, suppura tion of the uduer, or any inrecuon of the udder or teats wmch IS hkely to convey diseases. or trom any comatose condition. any septic condi tion of the uterus, or anthrax. (2) Any person Who contravenes th;s section shall be guilty of an offence. (3) In proceedings under this section, an accused person shall be deemed LO have known that a cow was diseased. if he could with reasonable diligence have ascertained that fact. 29. The M:nister may, by order in the Gazette, prescribe substances Control of which resemble cream in appearance but which are not cream. Or article. usc of of food containing such substances, which are .ntended for distribution ~esjgna!!on or sale for human consumption, in relation to which the designation ..~:21 iDor "cream" or "ghee" may not be used. relauon to cream Slaughter of Aminal and S'lle ofMeat substitute. 30.-(1) No person shall slaughter any animal or cause or permit Restriction any animal to be slaughtered with intent to sell, or offer or expose for sale. on slaughter meat from that animal for human consumption except in accordance of anilllal. with the provisions of this Act for salc for • humau (2) Any person who contravenes any of the provisions of this sectioD consumptlua shall be guilty of an offence. 121 No. 10 Food (Control oi Quality) 1971 Regulations regarding slaughtering, slaughter houses, etc. 31.-(1) The Minister shall, after consultation with the Commission. make regulations relating to the slaughter of animals or birds for food for human consumption and m v. by such regulations-> (a) regulate. control or prohibit the slaughter of animals in any place utile: than a slaughter house; (b) prescribe the methods, instruments or appliances which may be used to carry out slaughtering; (c) provide for and regulate the inspection of animals intended for slaughter to determine whether or not they are sufficiently healthy to provide meat as food for human consumption; (d) provide for the sanitary maintenance and proper staffing and m.m.igcmcnt of slaughterhouses, including the exclusion from slaughterhouses of undersirable persons or persons suffering from any specified communicable disease; (e) provide for the disposal, treatment or processing of waste matters. refuse and by-products resulting from the slaughtering of animals or birds in slaughterhouses; (f) precribe places and circumstances in which an animal or biro may be slaughtered in a place other than a slaughterhouse, and any action or actions to be taken in the event of every such slaughter; (g) prescribe the manner in which carcasses and viscera are to be marked or labelled upon their being detained or seized under Part VII; (h) regulate the methods of slaughter of animals and the treatment of animals intended for slaughter; (i) regulate the methods of dressing and drying hides and skins in slaughterhouses where dressing and drying are undertaken; U> regulate treatment and disposal of any animal, carcass or viscera. Or any part of them, in relation to which a breach of this Act bas been committed and the offender convicted; (k) prescribe or provide lor any matter in relation to slaughter and slaughterhouses which appears to him to be necessary for the proper maintenance of quality standards in respect of meat intended for human consumption (2) Regulations made under this section may require acts or things to be pertormcd or done La the satislacuon of a prescribed person and may empower a prescribed person to issue directions to any other person requiring acts or things to be performed or done, imposing condition. and preescribing periods and dates upon, within or before which suchacts or things shall be pcrforned or done or such conditions shall be fulfilled. (3) No regulat.on made under this section relating to any slaughterhouse shall be so f:amed or construed as to deny to any religious community reasonable facilities for obtaining as food the flesh of animals or birds slaughtered by the method specially required by their religion. 121 No. 18 Food (Control of Quality) 1978 32.-(1) Subject to subsection (2). no person shall conveyor cause to Transport be conveyed any meat or meat product from a slaughterhouse or cold of meat store in any vehicle unless such vehicle has been approved in writing for that purpose by the Commission in the case of an export slaughter house or cold store, or by an authorized officer designated by the Com missionfor that purpose. in any other case. (2) Subsection (1) shall not to apply to the transport of meat or meat products in hermetically sealed containers or in other containers of a type approved by the Commission. (3) The Commission or. as the case may be, an authorized officer designated for that purpose by the Commission, may refuse to approve any vehicle, the tray or load-carrying part of which is not covered; or which has no proper provisions for preventing contamination or which is considered for any other reason to be unsuitable for the carriage of meat or meat products. (4) If at any time the Commission or, as the case may be, an authorized officer designated for that purpose by the Commission. considers that any vehicle approved under subsection (1) of this section bas ceased to be suitable for carrying meat or meat products, the Commission or that authorized officer may revoke the approval of that vehicle. (5) Any person who contravenes this section is guilty of an offence and shall be liable on conviction to a fine of not less than two thousand shillings or to imprisonment for a term not exceeding twelve months or to both that fine and imprisonment. PART VI FOOD HYGIENE 33.--(1) The Minister may, after consultation with the Commission Minister make regulations designed to secure the observance of sanitary and to ma~e 1 I di , d . d h 1 hod . ti regulationsC ~an y con 1110n5 an practices an w oiesome met s III connee IOn regarding wlth- food hygiene (a) the sale of food for human consumption; (b) the manufacture, transport, storage, packaging, marking, exposure for sale, service or delivery of food intended for human consump tion. (2) Without prejudice to the generality of the power conferred by subsection (1), the Minister may make regulations (a) prohibiting, restricting or regulating the sale. or storage, posses sion or exposure for sale, of any specified food, either generally or in any specified area of the United Republic or place or by any specified person or category of persons; (h) impose requirements as to the construction, layout, drainage, equipment, maintenance, cleanliness, ventilation and extraction of fumes Or heat, lighting, water-supply and use of premises in. at or from which food for human consumption is manufactured or stored, or sold, offered or exposed for distribution or sale; 123 No. 10 Foot! (Control of Quality) m. Duty to report certain disease and conditions (c) imposing requirements as to the provision, maintenance and clean 1mess of sanitary and washing facilities in connection with those premises, the disposal of refuse and the maintenance and clean lmess of apparatus, equipment, furnishings and utensils used in such premises, and in particular, the regulations may impose requi rements that every sanitary convenience situated in such premises be supplied with water through a suitable flushing appliance; (d) prohibiting or restricting spitting on or, in any other way, littering premises where food for human consumption is manufactured or stored, or sold. or offered, or exposed, for distribution or sale; (e) imposing requirements as to the clothing to be worn by persons engaged to work in those premises; (f) requiring the periodic medical examination of persons engaged in those premises or a category of them, the immunization of those persons against any specified disease and prohibiting the employ ment or continued employment of any of them found to be suffering from any specified disease; (g) regulating generally the treatment and disposal of any food which is unfit for human consumption or any food which is condemned by a magistrate under section 22 or which is, in any other way. found by an authorized officer to be manufactured. distributed, or sold, or offered or exposed for sale, contrary to any of the provisions of th&s Act. (2) Regulations made under th~ section shall be published in the Gazette. (3) The Commission may, mom time to time. publish codes of practice in connection with matters which may be made the subject of regulations under this section, for the purpose of providing advice and guidance to persons responsible for compliance with those by-laws. (4) Where any person fails to comply with any provision of a code pubiished under subsection (3), he shall not only fior that reason be Hable to criminal proceedings of any kind but that faJilure may. in any proceedings whether criminal or civil, including proceedings for an offenee under this Act, 00 relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceed ings. 34.-(1) Every person who works in a slaughterhouse or a cold store, or is employed to carry meat or meat products from a slaughterhouse or a cold store to a vehicle, and who (a) is suffering from a septic sore. diarrhoea. chronic cough or Reptk i'!(H'f':throat: or (b) to his knowledgeIs suffering from, oris a carrier of typooM or paratyphoid fO"rer, any salmonella infection, dyse:n~ry or any staphyllococcell infection liable to cause food poisoning, shlJl advise his employer or the occupier of the slaughterhouse Of 'Colt'! llto~t; of h11; condition without delay. 124 No. 10 Food (Control of Quality) (2) Upon being informed of the circumstances specified in subsection (1), every employer or occupier shall, without delay. worm a medieal officeror an authorized officer of the matter. (3) Any person who contravenes or fails to comply with this S@Cti0D shall be guilty of an offence. 35.-(1) If a medical officer becomes aware, or suspects. that a Notification patient under his care is suffer.ing from food poisoning, he shall. of !oo~ without delay, send to the medical officer of health of the area in poisorung which the patient ordinarily resides, a certificate stating (a) the name, age and sex of the patient. and the address of the residence of that patient; and (b) particulars of the food poisoning from which the patient is. ... is suspected to be, suffering. (2) Upon receipt of the certificate, the medical officer of health shall take any necessary measures to investigate and prevent or put to a stop occurrences of food poisoning within the area under his jurisdic tion. 36.-(1) If a medical officer of health reasenably suspects that any Inspection food of which a sample has been procured under this act is likely to and t 1 r food . . h if th . bar f th food con ro 0,cause pOISOnIng, e may non y e person ill c ge 0 e infected in writing that until his investigations are concluded, that food shall food neither be used for human consumption nor be removed CKCCpt to a place specified in the notification. (2) Any person who uses or removes food in contravention of the requirement, of a notice given under subsection (1) shall he guilty of an offence and shall be liable on conviction to a tina not exceeding one thousand shillings. (3) If, after investigatlon, the medical officer of health is satisfied that the food in question is likely to cause food poisoning, he may dsal with it as food falling within section 22 (1), and that section shall apply accordingly but he shall withdraw his notice without dmay if he is satisfied that the food may be safely used f r human consumption. PART VII ENFORCEMENT M,l) LEGAL PROCEEDINGS Inspection, Sampling and Analysis 37.---(1)'\0)' authorized officer may examine any food which .is. or General which appea.s to him 10 be, intended for human consumption, and if it powe~ to appears to him to he unfit for human consumption or that any provision ex.amm~. ~ d. • ~ t h' b t d i ,1' h d . seize, man:ot nus he 'asecn con,r~vene J? rQl~tlOn to t at foo , he may seize or destroy and remove such food and itscontainer, If any. food l25 19'7'No.1' Food (Control of Quality) (2) If it appears to an~ author~ officer that any food, whe~er or not seized under subsection (1), 18 unfit for human CO!lsumpt.i~n. or that any provision of this Act has been contravened m relation to that food. he may (a) affix to that food a mark, seal or other designation; or (b) destroy or dispose of that food in any other way. (3) Any person who, contrary to the purport of any mark, seal or designation affixed to any food under section (2) (a) sells, offers or exposes that food for sale; (b) deposits or consigns that food to any person for the purpose of distribution, sale or manufacture for sale; (c) uses that food in any other way; or (d) removes, alters or obliterates the mark, seal or designation with intent to deceive any person. shall be guilty of an offence and shall be liable on conviction to a fine of not more than five thousand shillings. (4) Before any food iIs destroyed or disposed of in any other way under subsection (2), the authorized officer concerned shall record a description and such other details as will suffice to identify that food and, subject to the procedure prescribed by this Act for the treat ment of food found to be unfit for human consumption, he shall send a report connected with that food to the Commission. (5) Any person who is aggrieved by the seizure and removal. or by the marking. sealing or any other designation, or by the destruction or other disposal, of any food under subsection (1) or (2). may, within forty-eight hours after the occurrence of the act, complain to a magis trate. (6) A magistrate to whom a complaint is made under subsection (5) may conlirm or disallow the act complialined against, either wholly or in part. and shall, if he disallows an act, or disallows it in part. order the removal of the mark, seal or other designation or the restoration of the food or drug seized and removed, either as to the whole or as to that part in respect of which the act was disallowed. or. if the '~od concerned, or any part of it. has been destroyed or disposed of in any other way. or is no longer fit for human consump tion. or is depreciated in value at the time of making such order by reason of that act, order that the complainant be compensated for the loss in an amount. not exceeding the market value of that food at the time when the act was done, which the magistrate. having regard to the circumstances of the case, considers just. (7) Where a person is convicted for an offence under secaon 17 (I) or (2) or for an offence under regulations made under section 16. the magistrate may, in addition to any sentence he passes. order that any food to which the conviction relates and any similar food found on the premises of that person or in his possession at the time when the offence was committed or when the food was seized, shall hc-. forf~tM. together with all packages containing that food. /26 No. It Food (Control of Quality) WI' ------ . -- . .. (S) Any food, and any package containing that food, which is forfeited under subsection (7) shall be disposed of in the manner prescribed by the Commission. 38.-(1) The Commission shall, by notice in the Gazette, designate Provisions an authorized officer in relation to every slaughterhouse or category of ~~~ardm~ slaughterhouses, and every cold store, or category of cold stores, for inspection 01 the purposes of inspecting carcasses and viscera dealt with at the slaughter- meat house or slaughterhouses or, as the case may be, the cold store or cold stores. (2) The Commission shaIll devise and cause to be provided a means of reproducing distinctive marks for use at all slaughterhouses and cold stores, so devised as to indicate the indentity of the slaughterhouse or cold store, and of the authorized officer designated in that behalf. (3) The authorized officer designated for the purpose shall affix or impress the device provided under subsection (2) to or on any carcassor a part of it in every case in which he has inspected the whole carcass with all the viscera at the place of slaughter, and when the carcass or a part of it has appeared to him to be free of disease, sound, whole some and fit for human consumption, and the device shall not be used in any other way. (4) Any person who makes use of a device identical with or similar to any device provided under subsection (2) with intent to deceive any person shall be guilty of an offence and shall be liable on conviction to a tine not exceeding three thousand shillings or to imprisonment for a term not exceeding eighteen months or to both that fine and imprison ment. 39.-(1) Subject to subsections (2) and (3), any authorized officer may Power take sample for analysis, or for bacteriological or other examination, of to ta~c any food or its components, or any substance capable of being used sarnp es in the manufacture of food, which appears to him to be intended for sale or to have been sold for human consumption or which is found by him on or in any premises stall, vehicle, vessel or place whiich he h authorized to enter for the purposes of ensuring compliance with this Act. (2) The authorized officer shall payor tender payment of the market price of the sample he takes, or if the market price is unknown or not readily ascertainable, a reasonable price, to the person appearing to him to have the lawful custody of the food a sample of wh'ch the officer takes. (3) Where the food or substance, a sample of which the authorized officer intends to take, is kept for retail sale in unopened packages, the sample shall consist of the whole of anyone package. (4) When taking a sample under this section, an authorized oflicer shall take any necessary measures to satisfy himself that the IlUIlplt taken is a fair sample of the bulk of the food or substance concerned. I'D No. 10 Food (Control of Quality) 1978 (3) Nothing .in this section shall be construed as authorizing any purchase or sale of drugs in contravention of any provision of the Acts. 1978 Pharmaceuueuls and r oisous Act, 1971>. No.9 (6) Any peason who fails to comply with any demand made by an authcnee« oflicer under uu. s-.:.,;tion shall be guiky of an offence. Right to have sample analysed Provisions regarding the taking of samples for analysis 40.-(1) AB. authorised officer who has procured a sample of any food. or ower substance for use in the manufacture of food shall. if he considers that it should be analysed, subm.t it to the Government Analyst for analysis; and any other person who has purchased any food rna} submit a sample of it to the Government Analyst for analysis. (2) Subjeet to section 47 and to any regulations made under section 16. the Government Analyst shall analyse as soon as practicable any sample submitted to him in pursuance of this section. but shall. where a sample is submitted by a person other than an authorized officer. demand tho prescribed fee to be paid before making analysis. 41.-(1) Where an authorized ofncer who has taken a sample of any food or substance under section 39 considers that it shou~d be analysed, he ::.hall forthwith divide that sample dUO at least three parts. each part tc be marked and sealed or secured in the manner permitted by its namre and shall (a) with respect to one part of the sample. comply with subsection (2); and (b) with respect to the remaining parts of the sample. comply witb subsection (3). (2) (a) 11 the sample was obtained by purchase from a dealer in the food or substance concerned. the authorized officer shall permit the vendor 00 select and take one part from the three parts. (b) If th. sample was obtained by purchase from an autemaUc maohine-« (i) if there appears on tbe machine the name and address. within the United Republic, of its proprietor, the authorized officer shall give tho one part of the sample to that person: (i'i) in any other case. the authorized officer shall give one part to the occupier of the premises on which the machine stands 1M to which it is affixed, (c) JI the sample is of any food or substance consigned from outside the United Republic and was taken by that officer before delivery to the consignee. he shall give the one part of the sample to the consignee. (d) If the sample is of any food or substance in transit from a consigner within. the United Republie to a consignee within or outside the United Republic, the authorized otticer shall give the one part of the sample to the consignor. 128 No. 10 Food (Control of Quality) 1978 (e) If none of the preciding paragraphs of this subsection apply. the authorized officer shall give the one part of the sample to the person appearing to him to be the owner of the food or substance from which the sample was taken. (3) The authorized officer shall, unless he subsequently decides not to have an analysis made, personally submit to the Government Analyst one of the remaniaing parts of the sample and retain the other or others for future comparison. (4) In every case to which subsection (2), applies, L'1e authorized officer shaltl inform the person to whom the part of the sample is given that the sample was taken for analysis by the Governmenr Analyst. (5) Where any sample taken for analysis consists of the contents of an unopened package, the authorized officer shall retain the packing material and, if he decides to have an analysis made, deliver the sample together with that packing material and any label which may have been attached to it at the time when the sample was taken. to the Government Analyst with the part of the sample submitted pursuant to subsection (3). (6) Any part of a sample which as to be given to any person under this section may be given either by delivering it to him or to his agent, or by sending it to him by post in a registered packet; but if at-t.e1 reasonable inquiry the authorized officer is unable to find the person to whom the part of the sample is to be given or ascertain his name and address, he may, in lieu of giving that part to that person, retain it (7) If it appears to the officer that any food or substance a sample of which he has taken for analysis was manufactured or put into its wrapper or container by a person, other than one to whom any part of the sample required to be given, having his name and an address in the United Republic displayed on the wrapper or container, the authorized officer shall, unless he subsequently decides not to have an analysis made, within three days after taking that sample, send to that person a notice informing him that the sample has been taken by him and where the sample was taken or, as the case may be, tn..@ whom it was purchased. 42. Where an authorized officer procures a sample COJl8ii~ of Where food or substance contained in unopened packages. and tho diVJ8ion division of into parts of the food or substance in the packages-- sample into ( . blv nracti 1-1 parts~ IS not reasona y practicable; or impracti (b) might affect the composition or impede the proper a.oalyals of cable the contents. the authorized officer shall be deemed to have complied with section 41 (2) if he divides the containers into the requisite number of lots and deals with each lot as if it were a part in the manner provided by that section; and references in this Act to a part of a sample shall be construed accordlingly. 129 No. 10 Food (Control of Quality) Enforcement 1978 Power to call information regarding composition of sub stances in food Power to enter premises 43.-(1) The Registrar may. if instructed by the Commesion, order in writmg any person who carries on a business which includes the manufacture, importation or use of substances of any kind specified in the order. to furnish to him. within a period specified in the order. any specified particulars of the composition and USC of those sub stances sold in the COU1"SC of that business for. use in the manufacture of food for human consumption. (2) Without prejudice to the generality of subsection (I), an order made under that subsection may require the following particulars to be furnished in respect of any substance. namely (a) particulars of the composition and the chemical nature of the substance; (b) particulars of the manner in which the substance is used or proposed to be used in the manufacture of food; (c) particulars of any investigation carried out by or to the knowledge of the person carrying on the business concerned. for the purpose of determining whether and to what extent the substance. or any product formed when the substance is used in the preparation of rood nutritionally enriches that food or becomes injurions to, or in any way affects. health; (d) particulars of any investigations carried out by or to the knowledge of the person carrying on the business concerned for the purpose of determining the cumulative effect on the health of a person consuming the food in ordinary quantities. (3) Save for the purposes of any proceedings for an offence against this Act and subject to section 60, no particulars furnished in accor dance with an order made under subsection (I), and no information relating to any individual business obtained by means of those parti.. culars, shall, without the previous written consent of the person carrying on the business concerned, be disclosed to anyone. (4) Any person who discloses any particulars or information contrary to subsection (3) shall be guilty of an offence. (5) Any person who fails to comply with the requirements of any order made under subsection (1) shall be guilty of an offence. 44.-(1) Subject to this section, an authorized officer may, on pro ducing, if he is so required, a document showing his authority, enter any premises at all reasonable hours for the purpose of ensuring compliance with the provisions of this Act. (2) If a magistrate, on sworn information in writing (a) is satisfied that there is a reasonable ground for entry into any premises at any hour of the night for the purposes mentioned in subsection (I); and (b) is also satisfied either (i) that admission to the premises has been refused, or a refusal is apprehended; or 130 No. 10 Food (Control of Quality) 1978 (ii) that the case is one of urgency. or that the premises are unoccupied or the occupier is temporarily absent. he may by warrant under his hand in the form specified in the Third Schedule to this Act. authorize any authorized officer to enter the premises. if need be. by force. (3) An authorized officer entering any premises by virtue of this section. or of a W3JI1"aIlt issued under it. may take with him such other persons as may be necessary. and in leaving any unoccupied premises which he has entered by virtue of that warrant shall leave them secured against trespassers. (4) A warrant granted under t11,:8 section shall continue in force for a period of one month or for any shorter period determined by the magistrate. 45.-(1) An authorized officer may. if he reassnably suspects that Power to I · 1 J' • . . t· , examineany ve lie e, vesser, tra In or container contains any teou W.icn food in is intended for human consumption or which is in the COUFse of delivery course of after sale for human consumption. stop, enter and examine the contents trans-it of that vehicle, vessel, train or container. (2) Except where a vehicle, vessel. train or container is carry'ng food contrary to this Act. nothing in this section shall he construed as authorizing the detention of any vehicle, vessel, train or container used by a carrier of goods for the purposes of his trade as a carrier. (3) A person shall be guilty of an offence who, being in charge of a vehicle or vessel which is ordered to stop under subsection (l), fails to stop when ordered to do so. 46.-(1) Subject ~o subsection .(2), any ~rson who wilfnlJy. obstructs Pb~s~nStin . any person acting In the execution of this Act shall 00 guilty of an ~x~~u~fon (: offence and shall be liable on conviction to a fine not exceeding two of the ACl thousand shillings, (2) If a court is satisfied that a person committed the offence under subsection (1) with intent to prevent the discovery of some othe-r offence under th's Act. or that he has. within the twelve months immediately preceding that offence, been convicted of an offence under subsection (1), that person shall be liable to a fine not exceeding five thousand shillings or to ,imprisonment for a period not exceeding four months. (3) Subject to subsection (4), if (a) any authorized officer applies to purehase any food or other sub stance offered exposed Or kept for sale, and tenders the prise for the quantity he requires as a sample. and the person offering. exposing or keeping the food or substance for sale, refuses to sell to him the quantity desired; or (b) the seller or consignee of any article or substance a sample of which an authorized officer has power to take. or a person having the charge for the time being of that article or substance, reflu~ to allow the authorized officer to take the quantity be requires as 1'.sample, ]JI No. 10 Food (Control of Quality) 1978 the person concerned shall be treated for the purposes of subsection (1) as having wilfully obstructed the authorized officer. (4) Where any food or substance is exposed for sale in an unopened container duly labelled, no person shall be required to setlI it except in the unopened container in which it is contained. (5) Any person who, when req uested or required under this Act to give information or any assistance to any person acting in executiolll of this Act or any warrant issued under it (a) fails to give the assistance reasonably requested or the intormation called for; or (b) knowingly makes any misstatement in respect of any information called for, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding two months or to both that fine and imprisonment. (6) Nothing in this section shall be construed as requiring a person to answer any question or give any information if he might incriminate himself by doing so. Legal Proceedings Certificate 47.-(1) In every case in which a sample for analysis is delivered to of analysis the Government Analyst under section 41. the Analyst shall cause it to be analysed as soon as is practicable and shall give to the person who requested the analysis a certificate specifying the anaJ.ysis in the fonn prescebed in the Second Schedule to this Act. (2) Where a sample taken under section 41 has been analysed by the Government Analyst. any person to whom a part of the sample was given in accordance with subsection (2) of that section shall on payment of a prescribed fee. be supplied with a copy of the certificate by the Government Analyst. (3) A certificate of the results of an analysis given by the Government Analyst under subsection (1) shall be signed by him, or by the person who made the analysis, acting under the direction of the Government Analyst. (4) Any person who. for the purpose of advertisement. uses any certificate of analysis obtained under this section shall be guilty of an offence. Evidence or 48.-(1) In any proceedings under th:s Act, the production by one analysis of the parties of a document purporting to be a certificate of the Government Analyst given under section 47, or of a document supplied to him by the other party as being a copy of that certificate. shalt be sufficient evidence of the facts stated in it. unless. in the former case. the other party requires that the person who made the analysis be called as a witness. 132 No. 10 Food (Control of Quality) 1978 (2) In any proceedings under this Act, if a defendant ~tends to produce a certificate of the Government Analyst, or !o require, under subsec1Jion (1) that dle person who made the analysis be called.as a witness, notice of that intention together, in the former case, with a copy of the certificate shall be given to the other party not .less.than thyee days before the date fixed for hearing of t~e ~. and, if~ require ment is not complied with, the court may, if It thmks fit, adjourn the hearing on terms which it considers proper. (3) Where the Minister, in regulations m;ade ~nder section 33, ~s prescribed any relevant method of analysis, evidence of an analysis carried out by that method shall be preferred to evidence of any other analysis or test. (4) In any proeeediegs under this Act, where a sample has been procured in circumstances which necessitate the requirement that ~t be divided into parts, the part of the sample retained by the person who took lit shall be produced at the hearing. 49.-(1) For the purposes of this Act- Pre- . sumptions (a) any article commonly used for human consumption shall. if sold or offered, exposed or kept for sale, be presumed until the contrary is proved. to have been sold or. as the case may be, to have been or to be intended for S8l1e for human consumption; (b) any article commonly used for human consumption. and any article commonly used for the manufacture of products for human consumption which is found in any premises or in any vessel, vehicle or contained used for the manufacture, storage. transport or sale of that article or those products, shall be presumed, until the contrary is proved, to be ilntended for sale. or for manufacturing products for sale, for human con sumption; (c) any substance capable of being used in the composition or manufacture of any article commonly used for human consump tion. which is found in any premises or vessel where that article is manufactured shall until the contrary is proved, be presumed to be intended for that use. (2) Where any food for human consumption is sold, deposited with or consigned to any person for the purpose of distribution or sale for human consumption in an unopened package, any person who appears from any statement on or attached to the package to have enclosed it in that package shall, until the contrary is proved, be deemed to have so imported, manufactured or enclosed that food. 50.-(1) The court before which any proceedings are taken under Power of this Act. may. if it thiDks fit. cause the part of any sample produced court to before it to be sent to an analyst other than the analyst who has oedf . analysed either of the other parts of the sample. ana YS1S 139 No. 10 . -.~.. ------ . Food (Control of Quality) 1978 COJJlra ventions due to some other penon (2) The analyst to whom the part of the sample is sent under sub section (1) shall make an analysis and transmit to the court a certificate of the result of the analysis, and the costs of that analysis shall be paid by the prosecutor or defendant, as the court may order. (3) A ~'ertificatc of the result of an analysis transmitted by an analyst under this sectioa shall be signed by the analyst, but the analysis may be made by any person acting under the direction of that analyst and any certificate so transmitted by the analyst shall be sufficient evidence of the truth of the facts stated in it unless any party to the proceedings requires that the person who made the analysis be called as a witness. :'1.-(1) Any person who ;s being prosecuted for an offence against this Act may, upon a complaint duly made by him and on giving the prosecution not less; than three days, notice of his intention, have any person to whose act or default he alleges that the contravention of the relevant provisions was due brought before the court in the proceedings, and if, after the contravention has been proved. the original defendant prove" that th:2 contravention was due to the act or default of that other person, that other person may be convicted of the offence, and. if the original defendant further proves that he has used all due dili gence to secure that the relevant provisions were complied with. he shall be acquitted of the offence. (2) Where a defendant seeks to avail himself of subsection (1) (a) if the person the defendant complains against is not present at the time appointed for the hearing, the court may proceed with the hearing of the case against the defendant in the absence of that person or may adjourn that hearing; (b) the prosecution, as well as the person whom the defendant charges with the offence, shall have the rilght to cross-examine him, if he gives evidence, and any witness called by him in support of the plea, and to call rebutting evidence; (c) the court may make an order which it deems fit for the payment of costs by any party to the proceedings to any other party to them. (3) When it appears to the Commission or to an authorized officer that an offence has been committed in relat'on to which a person might be prosecuted under this Act and the Commission or, as the case may be. the authorized officer is reasonably satisfied that the offence of which a complaint is made was due to an act or default of some other person and that the former person could establish a defence under subsection (1), the Commission or, as the case may be. that authorized officer may cause that other person to be prosecuted without first C91JS!Jlg the Iormer p'~nrm to be prosecuted and, in any such proceedings. ths defendant rrav be charged with, and, on proof that the contravention was due to his act or default, be convicted of. the ofl'efloo with which the former person Blight have been charged H4 1978No. 10 Food (Control of Quality) ~ ...:..:... (4) In proceedings instituted under subsection (3), the inf?l~atjon or complaint shall set out the facts and state that the Commission or the authorized officer is reasonably satisfied that the offence of' which a complaint is made was due to the act or default of the person being prosecuted. 52.-(1). In any pr~ings fo.r an offence lJ!Ider this Act, wh,ioh ~o~i. ~:;~~nty sts of se'ling, or offering, exposing or advertising for sa.e or n;; vmg rn JI:1av be possession for the purpose of sale. any food or any article or sub- pleaded a~ stance of food, it shall be a defence for the defendant to prove- defence (a) that he purchased it as being an article or substance whioh could lawfully be sold or otherwise dealt with in that manner or, as the case may be, could lawfully be sold or dealt w.th under the name or description or for the purpose under or for which he sold 0; dealt with it, and with a written warranty to that effect: and (b) that he had no reason to believe at the time of the commission of the alleged offence that it was not what he says it was in paragraph (a); and (c) that it was then in the same state as when he purchased it. (2) A warranty shall only be a defence in proceedings under tl.is Act if (a) the defendant (i) has, not later than three days before the date of the hearing. sent to the prosecutor a copy of the warranty with a notice that he intends to rely on it and specifying the name and address of the person from whom he received it; lind (ii) has also sent a like notice to that person; and (b) in the case of a warranty given by a person resident outside the United Republic, the defendant proves that he had taken reaso nable steps to ascertain, and did in fact bslive in. the accuracy of the statement contained in it. (3) A defendant who is an employee or agent of the person who purchased the article or substance under a warranty may rely on this section in the same way as his employer or principal would have clone had he been the defendant. (4) The person by whom the alleged warranty is alleged to have been given may appear at the hearing and may give evidence, and the court may. jf it thinks fit. adjourn the hearing to enable him to do S0 (5). F?t' the pu~ of ~is section and of section 53. any name or description entered III an JDV01Ce shall be deemed to 00 a written warranty that the article or substance to which the entry refers can be sold Or dealt with in any other way under that name or (h~rjpt;on by any person without contravening this Act. JJj No. 10 Food (Control of Quality) 1978 Sale, etc. by employers or agents Recovery of expenses incidental to taking of samples ---- Ojfe~cesin 53.-(1) A defendant who in any proceedings under this Act wilfully relauont.to applies to any article or substance a warranty or certificate of analysis warrannes . - 1 h 'I b hall b il for certificates given III re anon to any at er artie e or su stance s IlUl e gu ty 0 an of analysis offence. (2) Any person wh?,n respect of any article or substance sold by him, and in respect of which a warranty might be pleaded under section 52, gives to the purchaser a false warranty in writing shasl be guilty of an offence, unless he proves that when he gave the warrant)' he had reason to believe that the statements or description contained in it were accurate, and shall be liable on conviction to a fine not exceeding three thousand shil'ings. 54. For the purposes of this Act, any person who. whether on his own account or as the employee of another person, sells, offers, exposes or advertises for sale, or has in his possession for sale. any food shall be deemed to sell, otIer, expose or advertise for sale, or have ir: his possession for sale, that food for human consumption, and if that person is an employee or agent of some other person, that other person shall subject to this Act, be under the same liability as if he had himself sold, exposed or advertised that food, for sale. 55.-(1) Where a person is convicted of an offence under thi$ Act. the court may order that all expenses incidental to the taking of an)' sample or the making of an analysis of any food in respect of which the conviction is obtained shall be paid by the person convicted. (2) All expenses recoverable under this section shall be recovered in tne same manner as a tine is recovered. Appeals to the High Court Right to carry on business pending appeal 56.-(1) Where any provision of this Act provides for an appeal to the High Court against any decision of the Commission or of an authorized officer, the procedure and fees payable in respect of the appeal shall, subject to rules of court made by the Chief Justice, be the same as the procedure or fees in respect of criminal appeals in so far as that procedure or fees can be made applicable. (2) In any case where an appeal lies the document notifying the person concerned the decision of the Commission or, as the case may be. the authorized officer in the matter shall state the right of appeal to the High Court and the time within which the appeal may be brought. (3) Where on an appeal under this Act the High Court varies or reverses any decision of the Commission, or of an authorized officer. the Commission or the authorized officer concerned shall give effect to the order of the Court, and in particular, shall grant any necessary licence and make any necessary entry in a relevant register. 57. When (a) a decision of the Commission, or of an authorized officer, under this Act refusing, cancelling, suspending or revoking a lJicence or registration; or (b) a decis.on of a court in any proceedings in respect of an offence under this Act, 136 No. 10 Food (Control of Quality) 1978 makes it unlawful for a person to carry on any business which he was lawfully carrying on at the date when that decision was given, or to use any premises for any purpose for which he was lawfully using them at that date, he may carry on that business and use the premises for that purpose un~il the time fo~ appealing.has expired, and if any appeal is lodged, until the appeal IS finally disposed of or abandoned or Wiith. drawn. PART YIn MISCELLANEOUS PROVISIONS 58.-(1) Subject ~o subsection (1), n~ co~pl~t made in res~t of Pr<?tection an offence under this Act shall be admitted In evidence and no witness of informers in any proceedings for an offence under this Act sb JJ be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to his discovery, and, if any books, documents or any other papers which are in evidence or liable to inspection in those proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all those passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further. (2) If the court, after full inquiry into the case, is satisfied that the informer wilfully made in his information a statement which he knew or believed to be false in a material particular. or which he did not believe to be true, or if it appears to the court that justice cannot be fully done, it may require the production of the orginal information and permit inquiry and require full disclosure concerning the informer. 9. Without prejudice to the provisions of section 284A of the Penal Protection of Code or of the Specified Officers (Recovery of .Debts) Act, 1970, or ofcmemb~rs.ot tal I f b omrmssion the Parasta Emp oyees (Recovery 0 De ts) Act, 1974. no matter the or thing done or omitted to be done by any member of the Commission, Registrar. the Registrar, an authorized officer or any other person empowered etc. Ca~. 16 to perform any function under this Act shall, if done or omitted in ~~ts7 1 70 good faith in the execution or purported execution of his functions Acts, 1974 under this Act, render the member, the Registrar, the authorized No. 37 officer or that person personally liable for the matter or thing concerned. 60. If any person is convicted of any offence against this Act, Notification relating to the sale or manufacture for sale of any food for human of convi consumption the Registrar shall cause to be published in any news- ctions in paper or newspapers circulating in the United Republic- newspapers (a) the name of the offender; (b) the address, if any, of the place where the offence was committed; (c) the nature of the offence; (d) the kind of food involved; and (e) the fine, forfelture or other penalty imposed: /37 No. 10 Food (Control of Quality) 1978 Appointment 61.-(1) The Minister may, by notice in the Gazette, appoint persons ~n~ctions who are public otlicers to be authorized officers for the purpose of this o~ autftorized Act, either for the whole of the United Republic or for a specified officers area. (2) Every authorized officer shall have and exero.se such functions as are sonferred upon him by this Act, or as may be delegated or specified in any other way by the Minister, on the advice of the Commission, under this Act. General penalty Rules 62.-(1) Any person who commits an offence under th's Act in respect of which no specific penalty is provided, shall be liable, in the case of a first offence, to a fine not exceeding one thousand shillings, and, in the case of a second offence, to a tine not exceeding three thousand sh.llings, and, in the case of a subsequent offence, to a fine not exceeding five thousand shillings. (2) Where the court is of the opinion, in the case of a second or subsequent offence, that a fine will not meet the circumstances of the case and that the offence was committed through the personal act, default or culpable negligence of the accused person, it may, in lieu of or in addition to a.ny fine, .mpose a sentence of imprisonment for a term not exceeding twelve months. 63.-(1) The Minster may make rules for the better carrying out of the ebjects and provisions of this Act. (2) Without prejudice to the generality of the power conferred by subsection (1), the Minister may make rules (a) providing for the conduct of business of the Commission; (b) providing for the appointment by the Commission of committees to which persons who are not members of the Commission may be co-opted; (c) prescribing the duties of the Registrar and of authorized officers; (d) regulating the conduct of inquiries by the Commission into com plaints by consumers against food manufacturers; (e) prescr.bing the form of the licence to be given and of registers to be kept under this Act; (f) prescrib'ng fees in respect of licences, and the procedure in appli cation for registrat'on of premises; (g) prescribing the manner and the procedure of hearing appeals lily the Commission against a decision of an authorized officer in relation to registration of premises; (h) prescrbing particulars to be registered in relation to persons permitted to import food; (i) segulating, prescribing or providing for any matter or thing which is required or permitted to be regulated, prescribed or provided for by or under this Act. lJ1 No. 10 Food (Control of Quality) PART IX REPEAlS AND CONSEQUENTIAL PROVISIONS 1978 64.-(1) The Rood and Drugs Ordinance, in so far as it relates to Repeal of the control and regulation of the manufacture, importation and sale Cap. ?3 h d I" . f d' h bId and Cap. 432of, and ot er ea rugs Ill,OO , IS ere y repea e . (2) The Meat Hygiene Ordinance is hereby repealed. (3) Subject to the provisions of this Part, every licence or permit and every registration issued to or granted in respet of any person under the Food and Drugs Ordinance or under the Meat Hygiene Ordinance, entitling him to deal in any manner in or with £,pod or articles used to manufacture food shall, from the appointed day, be deemed to have been revoked. 65. Notwithstanding the repeal of the Food and Drugs Ordinance as Savings it relates to food, and the repeal of the Meat Hygiene Ordinanee-« (a) all subsidiary legislation and all exemptions made or given under the Food and Drugs Ordinance in relation to food. and all subsi diary legislation made under the Meat Hygiene Ordinance, which is in force on the appointed day shall be deemed to have been made or given under this Act. and shall remain in force until revoked by subsidiary legislation made under this Act. (b) an officers appointed under the Food and Drugs Ordinance and the Meat Hygiene Ordinance to perform functions in relation to food or meat shall continue to perform those functions in so far as this Act relates to them. unless their appointments are revoked or they are reappointed, and shall for that purpose. be deemed to be authorized officers appointed under this Act. 66.-(1) Notwithstanding any provision in this Act to the contrary. Transitional the Minister may. on the recommendation of the Commission and provisions upon being satisfied that special circumstances exist which make it just and equitable to do so, permit any person who was licensed or permitted in any other way under the Food and Drugs Ordinance or the Meat Hygiene Ordinance to deal in any manner in or with food or meat to continue doing so. after the appointed day. upon conditions determined by the Minister. (2) The Minister may, by notice in the Gazette, at any time before tho expiry of twelve months from the appointed day, make such consequential. transitional or supplementary provisions as he may consider necessary or consequent upon the repeal of the Food and Drugs Ordinance as it relates to food. and that of the Meat Hygiene Ordi nance. or for facilitating tho assumption by tho Commission of its functions under this Act. /39 No. 10 Food (Control of Quality) FIRST SCHEDULE (Section 4(2» Composition of Commission 1. The Commission shall consist of (a) the Managing Director of the Tanzania Food and Nutrition Centre, who shall be the Chairman; (b) the Chief Chemist; (c) the Principal Health Officer; (d) eight other members appointed by the Minister, recommended one each by (i) the Ministry of Agriculture; (ii) the Ministry of Health; (iii) the Ministry of Industries; (iv) the Prime Minister's Office; (v) the Ministry of Trade; (vi) the Tanzania Bureau of Standards; (vii) the Tanzania Industrial Studies and Consultancy Organization; and {viii) the Jumuiya ya Wanawake wa Tanzania. 14() Vice Chairman Tenure of office Meeting of the Commission Quorum Decisions of the Commission Miautea of meetings 2. The members shall elect one of their number to be the Vice-Chairman of the Commission, and any member elected as Vice-Chairman shall, subject to his continuing to bea member, hold officefor a term of one yearfrom the date of his election, and shall be eligible for re-election. 3.-(1) Any member, other than the members appointed under sub-paragraphs (a), (b) and (c) of paragraph I, shall, unless his appointment is sooner terminated by the Minister, or he ceases in any other way to be a member, hold office for the period specified in the instrument of his appointment or, if no date is so specified, for a period of three years from the date of his appointment and shall be eligible for reo appointment. (2) Any member, other than the members appointed under sub-paragraphs (a) (b) and (c) of paragraph l,may at any time resign his office by giving notice in writing addressed to the Minister, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the Minister, he shall cease to be a member. 4.-(1) The Commission shall ordinarily meet for the transaction of business at the time and the places it may decide upon, but shall meet at least once every two months. (2) The Chairman or, in his absence, the Vice-Chairman, may at any time call a special meeting of the Commission, and shall call a special meeting upon a written request by a majority of the members in office. (3) The Chairman or, in his absence, the Vice-Chairman, shall preside at every meeting of the Commission. In the absence of both the Chairman and the Vice Chairman, the members present shall appoint a member from amongst themselves to preside over the meeting. 5. The quorum at a meeting of the Commission shall be eight. 6.-(1) Questions proposed at a meeting of the Commission shall be decided by a majority of the votes of members present and voting and in the event of an equality of votes the person presiding at the meeting shall have a second or casting vote. (2) Notwithstanding sub-paragraph (I), a decision may be made by the Commission without a meeting by circulation of the relevant papers among the members, and the expression of the views of the majority of the members in writing, but any member may require that the decision be deferred and the subject matter be considered at a meeting of the Commission. 7. The Commission shall cause to be recorded and kept minutes of all proceedings of its meetings, and the minutes of each meeting of the Commission shall be confirmed by the Commission at the next meeting and shilled ~ the person presiding at that meeting. No. 10 Food (Control of Quality) 197. 8. The validity of any act or proceeding of the Commission shall not be affected by Vacancies. any vacancy among its members or by any defect in the appointment of any of them. ~tc••not to Invalidate proceediDiI 9. Subject to the provisions of this Schedule. the Commission may regulate it Commission own proceedings. may regulate its own proceedings 10. Any document purporting to be a document signed by the Registrar or issued Proof of under his hand or on behalf of the Commission shall be deemed to be so signed or. as documents the case may be. issued, and shall be received in evidence without further proof unless the contrary is shown. SECOND SCHEDULE Section 46 THE FOOD (CONTROL OF QUALITY) ACT, 1978 Certificate of Analysis (Section 46) To: · I, being the Government Analyst for the purposes of the Food (Control of Quality) Act. 1978, do hereby certify that I received on the day of 19 .. from a sealed packet marked .. and said to contain a sample of.. ; that I found the seals intact and have analysed the contents of that packet and declare the result of my analysis to be as follows: 1 am of the opinion that the sample contained the parts or the foreign ingredient shown below: Observations ................................................................................................................. As witness my hand this day of 19 . Signature .. Government Chemist (or as the case may be) Note;-AJI percentages given in definitions or standards prescrIbed are, unless otherwiH IpecUled, percentages by weight. THIRD SCHEDULE Section 44(2) THE FOOD (CONTROL OF QUALITY) ACT. 1978 Warrant of Entry into Premises (Section 44 (2» WHEREAS application has been made by .. ......................................................\0 me . .......................................... . .magistrate ofthe . ............................................. Magistrates' Court of . /4/ No. 10 Food (Control of Quality) 1978 District/Region, to authorize him to enter the premises of . ................................................ , and whereas I, . ..... , am satisfied by the information on oath that there is reasonable ground for entry to these premises at night, and that.. .. (;;;;~~t' g;~~~d .~~ .~hi~h .~~~~t 'i~' i~~'~~d):'" . Now, THEREFORE, I. the magistrate mentioned above, do hereby authorize . ......................................................... to enter the premises referred to above, if need be by force, with such assistants as he may require, and there to execute his duties under the Act. Dated this day of 19 .. Signed.......................................•..••.... .............. Magistrate .PA~-:iJI ~tl'ti\alAssembly on the fourteenth day of April. 1978. M. MWINDADI, Acting Clerk of the National Assembly 142