Food (Control of Quality) (Treatment and Disposal of Unfit Food) Regulations, 1993 (G.N. No. 82 of 1993)

Citatim Food (Control of Quality) (Treotnienta1t~Disposalof Unfit Food) GoYIaNNDrr N01'ICE No. 82 publisbedoa 25I.W4 'DE RXJ) (<DmU. OF (JJALI'lY) 1Cr, 1978 (No. 10 OF 1978) REGULATICN5 Made under Section 33( 2)( g) 'DIB RXD (<DmU. OF (JJALI'lY) ('l'RBImBfl' .AM> DISPaiAL OF tm"IT RXD) RI!DJLATI(JI), 1993 1. 'Ihese Regulations may be cited as the Food (Coob:ol of Quality)(Treabnent and Disposal of Unfit Food) Regulations, 1993. 2. 'It1ese Regulations shall apply to all areas in which the Act apply and shall effect all types of foods whether locally manufactured or :inp:>rted, which are unfit for hunan oonsurption, or suspected of being unfit for hunan consurption,or any food which is condemed by a Magistrate under section 22 of the Act, or which is, in any other way, found by an AutOOrized Officer to be manufactured, or inported, or distributed, sold or offered or exposed for sale, contrary to any of the. provisions of this Act and Regulations made thereunder. 3. In these Regulations, unless the otherwise requires RdocI.rnentary food SClTpleR means a SCITple obtained by copying the docI.rnents covering the sale of food in question witln1t collecting an actual food SCITple where such a food SClTple would be too heavy, or too expensive or too bulky or one not possible of collection: Rfonnal or official food SCITpleR means a food SClTple collected and divided in accordance with section 41 of the Act: Rinfonnal or unofficial food sarpleR means a food satple collected for the puxpose of obtaining infcmnation and need not necessarily be analysed: "post; seizure food sanpleR means a SCITple collected at oroer of a court in respect of food under seizure: RstIIPling fODl\R means a fODll for the collection of a stIIPle as set out in the First Schedule to these Regulations: 154 Food (Control of Quality) (Treatment and Disposal of Unfit Food) G.N. No. 82 tContd.] "seizure certificate" means a certificate set out in the schedule issued by an authorized officer in respect of seized food which is unfit for tn.J:nan consllTl'tion: "voluntary condannation certificate" means a certificate issued by an authorized officer in respect of food which is voluntarily surrendered as being unfit for hunan consurption: "voluntary surrender" means the wilful act of handing over to an authorized officer food which is unfit or suspected of being unfit for hunan consurption: "food unfit for hunan consimptdon" means any food which is, in any way unfit for hunan oonsurotIon on whatever cause, or food which is likely to cause health hazards. "expired and violative food" shall be construed aGCOrdingly: 4. (1) A food owner or his agent may, on being satisfied that his food is unfit for sale for human consurption, voluntarily surrender it to an authorized officer for condannation. ( 2) The authorized officer shall prepare for the owner or his agent a voluntary surrender or condannation certificate in respect of that food if he is so satisfied that the food is unfit for sale for hunan consurption and the food shall be destroyed or disposed of in a similar manner as condanned by order of a magistrate. 5. (1) Any food which is violative of the Act or Regulations made thereunder may, at the discretions of an authorized officer and with the agreement of the owner of the food or his agent, be re-conditioned in order to make it fit for hunan consurption, or for rerroval of any mis-representation, or for diverting it fran sale for hunan consurption to any other use such as for sale for animal food, as the case may be. (2) An authorized officer who decides to re-condition violative food shall be responsible for seeing that the process he has chosen is canplete and effective and shall also get a representative satple when necessary to check the acceptability of the final product and account for the entire lot to guard against manipulation of the lot or part of it by the owner or his agent. 155 Re-coodi.tiali.ng of food Eood (Control of Quality) (Treatment and Disposal of Unfit Food) G.N. No. 82 (Contd,) 8e:lzuEe of food 6. (1) Where an Autlx>rized Officer seizes food which is unfit for hunanconsunpti6n he may (a) mark it and rarove the serne fran where he found it and infonn the owner or his agent, of his intention to have it dealt with by a magistrate, or (~ mark it in accordance with sub-sections (2)(a) and (4) of section 37 of the Act and leave it under the care of the owner or his agent and in either case an authorized officer who seizes such food shall issue an appropriate·· seizure certificate in respect of that food. 7. (1) An authorized officer who seizes food' which is unfit for sale for hunan consurption in accordance with the Act shall (a) infonn the person owning the food, or his agent, of the exact reasons of unfitness of such food: (b) where the unfitness is such that the food can not be re-conditioned to make it fit for: sale for hunan consurption, the authorized officer shall further infonn the owner of the food, or his agent, of the fonn of disposal he intends to use in destroying or disposing the food: (c) the 1JWfi~of food so seized, or his agent, may ~ or disagree with the views of an authorized offiber,' in respect of the unfitness of his food so seized and where such owner, or his agent, agrees with the views of an authorized officer, the authorized officer shall ask the owner or his agent to signify his agreanent to that effect by signing a voluntary surrender or condemnation certificate in respect of that food, as the case may be: (d) where the views of an authorized officer are rejected by the owner of seized food, or by his agent4 the authorized officer shall take the food to a magistrate whose decision on the condition of the food shall be binding on both parties. (2) If a magistrate confinns the views of an authorized officer in respect of food taken before him it shall be the duty of the authorized officer to (a) dispose off ~. food in accordance with the decision of a magistrate and see to it that the rrethod of disposal used ,carpletely, raroves the food fran the channels 'Of ccmnerce of all kinds by rendering it canpletely inpossible of being eaten bya sane person: and (b) prepare a caJPUlso:ty condemnation certificate in respect of that food and give it to the owner or his agent.. 156 Food (Control of Quality) (Treatment and Disposal of Unfit Food) C.N. No. 82 tContd.t UNITED REPUBLIC OF TANZANIA (NATIONAL FOOD CONTROL CG1MISSION) No•••••••••••••••••••••••••••••••• of', •••••••••••••.•••••••• CI ••••• Act No.10 of 1978 Regulation 3 of Treatment and Disposal of Unfit Food Regulations. To•••••••••••••••••••••••••••••••• I have this••••••••••••••••••••••••••••••••••••••••••day of" ••.•.•••••••••••• taken/procure/purchased sample of••••••••••.•••••••••••••••••••••••••••••••• fran the preTlises of " it '" ••••••• situated at " . under powers vested in me as Authorized Officer under Section 39 of the Food (Control of Quality) Act, 1978 and if I consider it necessary, will have the same analysed or examined by the Government Analyst. Details of the food article sampled with quality or number Date•••• "•••••••••••••••• ". Place•••••••••.•••••••••••.• Name of Authorized Officer signature of Authorized Officer Title of Authorized Officer Nane/Signature of Owner/Agent Address of Authorized Officer 157 Food (Control of Quality) (Treatment and Disposal of Unfit Food) G.N. No. 82 (Contd.} CERTIFICA'IE OF VOLUNTARY SURRENDER OF FOOOO'IUFFS PART 'A' REMARKS OF RXD ARTICLE(S) DESCRIPTIVE MARKS AI1IH»UZED OFFICER PART '8' I hereby voluntarily surrender the above naned food article( s) to the Authorized Officer for exanination and disposal as he/she dears fit. Date•••••••••••••••••••••• AI1IH»UZED OFFICER PARI' 'c' I certify that I have exani.ned the above naned food article( s) and an of the opinion that it is/they are unsound and unfit for hunan consunption due to facts stated above and hereby condemn it/them and destroy/dispose it/them 'by••••••••••••••••••••••••••••••••••••••••• urxier IT1.Y' su~ision. Ila.te•••••••••••••••••••••• AIJ'JIOIZED OFFICER 158 Food (Control of Quality) (Treatment and Disposal of Unfit Food) G.N. No. 82 (Contd.) (To be used in case of seizure of food articles where the food articles are to be rem:JVed fran the premises of vendor) To (Nane and Address of Vermr) •....•......................... ... ....................... ....... ............................... ~ I have reason to believe that the stocl of food articles detailed belcIw mich is in your possession at the pren.i3es of ••••....................................................................... ...............•............................. , ..........................•... si~teci at••••••••••••••••••••••••••••••••••••••••••••••·•••••••••••••••••• cootravenes-the provisions of the Food (Control of Quality) Act 1978. !t::JIIf tllE.!J:'efore, I ........•..•.........••.•.....•••...••.••..•.••..••.•.•.... as an Autoorized Officer hereby seize the said food articles under the provisions of section ••••••••••••••••• of the said Act. Detail of food articles seized with qumUty lDJ/ar IUItJer He JIIS for seizure ............................. . ............................. •....•........•••.•..•..•.•• If you consent to the destruction or disposal of the food articles seized as mentioned above as I direct, you sOOuld sign your nane to the following voluntary declaration and return the original of this certificate to me. [)ate••••••••••••••••••••••••• ..........••.•...........•..• S.igled Neme, Ilefrl9latlat and iDkess of Authorized Officer in block letters. I consent to the destnlction or di.sp:>sal of the food articles seized and mentioned above. Date ••••••••••••••••••••••••• 159 . . Si9&! <Mler/his agents in po aa ession. a~~~/lIj Quality) (Treatment ami Disposal of Unfit Food) SEIZURE CERTIFICATE B To (Narre and aidress of the vendor) ..................... " •••••••• O, ...... ~oJ Whereas I have reason to believe that the stock of food articles detailed below which is in your possession at the prEmises of •••• ••• " ,,~ e ••••••• ~ •• IIt.ClI •• • • • • • • • • • • • • • • • • • • situated. at .. " " .. II " " " .. " (" " " " " " .. e e " " " " " .. " " " " " " " " " " .. " " " " " .. " " " '" " " " " " " " " " " " " " " .. " " contravenes the provisions of tre Food (Control of Quality) Act, 1978 and these Regulations. l\Jc>w, therefore, I" .. " .." .. """"" "" .. " .."" """"" " .. " " .. " .. " " .. as an Authorized Officer hereby sai.ze the said articles under the provisions of section •••••••••• of the said Act, and direct you to keep the said aeal.ed stock in safe custody subject to such orders as may be issued subsequently in relation thereto. Be it known to you that raroval or alteration or interference in any way with the said food articles without my authority is an offence under section .•.•.• of the said Act. Details of food articles seized with <pantiti.es and or nmber Reasons for seizures .", •••• .,. •••••••• e " .. ..... os e o "'" . I hereby further order you to sign your nane on this seizure certificate as a declaration of your acknowledgerrent of receipt of this certificate with the said food articles intact as mentioned above. Da.te ••••••••••••••• " ••••• 160 • ••••••••••••••••••••••••••• ,., Cl ..... s~: Food. Vendor FooO ~e5tr3' ~ ~ulity) (Treatment and Disposai of Unfit Food) G.N. No. 82 (Contd.) CERTIFICATE OF CXl1PULSORY CCl'IDEMNATION OF FOODSTUFF PART 'A' REMARKS· OF RXD ARTICLE( S) DESCRIPl'IVE MMI<S AU'IlDUZED OFFICER PART 'B' I certify that I have exanined the above named food article( s) and an of the opinion that it is/they are unsound am unfit for hunan consurption due to the reasons stated above and hereby recrnmend that the said fcxxi( s) be condanned and destrroyed or otherwise disposed of by ord~ of magistrate. !)ate••••••••••••••••••••••••• PART 'e' I ce:rtitr that I have exanined the above nerned food. article(s) and, being of the opinion that it is/they are unfit for Inman consimpt.ion, hereby condemn it/than and order it/them to be deStroyed/disposed of by: ••••••••••••••••. •••••••••••••••••••••• . . ... . . . .. . . a'a •••• e'e ••••••••••••••••••••• I:lclte••• ; •••••••••••••••••• • '. PART 'D' I certify that the ~e,JWlEld.food. article( s) has/have been destroyed/disposed of as ordered under my supervision. [)ate•••••••••••••••••••••••••• Dar es Salaan .......?~'.!.a.. ... 1993 161