Public Health Act, 2009 (No. 1 of 2010)

1. Short Short title title and and commencement. commencement.

2. Application. Application.

3. Interpretation. Interpretation. PART IIII PART ADMINISTRATION ADMINISTRATION

4. Duties of the Minister. Duties of Minister. 5. S. Duties and Duties and functions functions of of the Authorities. Authorities.

6. Authorities to make Authorities make by-laws. by-laws.

7. Functions of Functions of the authorized authorized officers. officers.

8. Notice to cleanse Notice cleanse and and disinfect disinfect premises. premises. PART ill PART NOTIFICATION AND NOTIFICATION AND CONTROL CONTROL OF INFECTIOUS INFECTIOUS OR COMMUNICABLE COMMUNICABLE AND AND NON NON COMMUNICABLE DISEASES COMMUNICABLE DISEASES AND AND CONTROL CONTROL OF MOSQUITOES MOSQUITOES (a) Notification of of Infectious Infectious or Communicable and Non- Diseases and Isolation Communicable Diseases of Infected Isolation of Infected Persons Persons

9. Notification Notification ofof infectious infectious diseases. diseases.

10. Duty Duty to notify notify notifiable notifiable infectious infectious diseases diseases and and communicable communicable diseases. diseases.

11. Powers of

11. Powers of entry.

12. Isolation Isolation of of infected infected persons. persons.

13. Diseases Diseases to be notified notified to the Chief Chief Medical Medical Officer. Officer. 2NO. l Public Health 2009 (b) Prevention and Control of (b) Prevention of the Spread of of Infectious Infectious Diseases or Communicable Diseases Diseases

14. Advice Advice and and directives directives of of the Chief Chief Medical Medical Officer. Officer.

15. Prevention of the spread Prevention of spread of of diseases. diseases.

16. Offences Offences and and penalties penalties relating relating to notifiable notifiable diseases. diseases.

17. Diseases notified in the Gazette. Diseases to be notified Gazette.

18. Rabid Rabidanirnals. animals. (c) (c) Vaccination Communicable Vaccination against Childhood and Other Communicable Diseases

19. Immunization hnmunization ofof children children and and pregnant women. pregnant women. Orders.

20. Orders. of persons Vaccination of

21. Vaccination persons entering entering or living living in Mainland Mainland Tanzania. Tanzania.

22. Exemption payment of immunization vaccination fees. Exemption for payment of immunization or vaccination fees. Immunization card 23. hnmunization card for school school children. children. Emergency of

24. Emergency of infectious infectious disease disease and vaccination vaccination for risk risk population. population. (d) Control of of Epidemic and Endemic Diseases Epidemic, endemic

25. Epidemic, endemic and and pandemic pandemic diseases. diseases. Duties of

26. Duties of the authorized authorized officer officer to publish publish orders orders for the the control control of of diseases. diseases. Powers of

27. Powers of entry. entry. of sickness Notification of

28. Notification sickness or mortality mortality in animals. animals. The duty

29. The of the Regional duty of Regional Medical Medical Officer Officer to report report notification notification of of epidemic diseases. epidemic diseases. (e) Control of of Mosquitoes, Other Disease Vector, Disease Vector, Vermins Vermins and Any Other Disease Causative Agent Agent Duties of

30. Duties of occupiers occupiers and owners owners to keep keep premises premises free from from breeding breeding sites of sites of mosquitoes. mosquitoes. Duties of

31. Duties of occupiers occupiers and and owners owners to keep keep vessels vessels intended intended for storage storage of water of water fitted fitted with with sufficient sufficient cover. Duty of

32. Duty of protecting protecting drainage drainage systems systems for occupiers occupiers and and owners owners of of premises. premises. Destruction of

33. Destruction of mosquito mosquito larvae. larvae. Penalty for refusal

34. Penalty refusal to carry carry out an order of obstruction. order or of obstruction. NO.I Public Health 2009 3 (f) Port (I) Port Health Health Services Services

35. Powers Powers ofof the Port Port Health Health Officer. Officer.

36. Health Health requirement. requirement.

37. Prohibition Prohibition to pollute pollute body body ofof water. water.

38. Prohibition Prohibition to dump dwnp waste. waste.

39. Powers Powers ofof the Port Port Health Health Officer Officer to interfere interfere with with any port. port.

40. Inspection Inspection ofof vessels. vessels.

41. Inspection Inspection ofof aircrafts. aircrafts.

42. Inspection Inspection fee. Prohibition of

43. Prohibition of communication communication between between vessels vessels and and shore shore prior prior to granting of the granting of a certificate free pratique. certificate for free pratique.

44. Offences Offences and and penalties. penalties. Powers of

45. Powers of Port Port Health Health Officer Officer in respect respect ofof medical medical surveillance. surveillance.

46. Measures Measures for vessel, vessel, vehicles, vehicles, trains, trains, aircrafts, aircrafts, etc from from infected infected area. area.

47. Medical Medical surveillance. surveillance.

48. Outward Outward vessels, vessels, vehicles vehicles and aircrafts, aircrafts, trains, trains, etc. etc. from from infected infected area. area.

49. Powers Powers ofof Port Port Health Health Officer Officer when when Mainland Mainland Tanzania Tanzania is declared declared an infected infected area. area.

50. Powers Powers to inspect inspect passengers passengers traveling traveling by land. land.

51. Inspection Inspection ofof imported imported used used clothes clothes or foot wears. wears. PARTN PART IV ANrrATION, HOUSING ANrrATION, HOUSING AND HYGIENE HYGIENE (a) Nuisance

52. Author Author of of nuisance. nuisance.

53. Contents Contents of of nuisance. nuisance.

54. Prohibition Prohibition of of nuisance. nuisance.

55. Duty Duty of of Authority Authority to maintain maintain cleanliness cleanliness and prevent prevent nuisance. nuisance.

56. Examination Examination of of building building or premises. premises.

57. Notice Notice for abatement abatement ofof nuisance. nuisance.

58. Service Service of of notices, notices, orders orders and and other other documents. documents.

59. Power Power ofof closure. closure.

60. Failure Failure to comply comply with with the requirements requirements ofof the the notice. notice.

61. Penalties Penalties relating relating to nuisances. nuisances.

62. Court Court order order for execution execution ofof works works in certain certain cases. cases. 4NO. l Public Health 2009

63. Overcrowding

63. Overcrowdingofoflodging lodginghouse, house,room, room,dwelling dwelling house, house, etc. etc.

64. Power s of the Autho rity to saleproperty.

64. Powers of the Authority to sale property.

65. Demolition

65. Demolitionof ofdangerous dangerousoror dilapid atedpremises. dilapidated premises. (b) Housing (b) Housingand andHuman Human Settlem ent Settlement

66. Prior approval

66. Prior approvalof ofnew newbuildings buildingsororpremises. premises.

67. Groun

67. Grounds ds for for disapp roval of disapproval plans. ofplans. 68.

68. Penalt Penaltyy for for contravention contraventionofofsections sections6666and and69.69.

69. Dange rous or dilapid

69. Dangerous or dilapidated atedbuildings buildingsororpremises. premises. 70.

70. Applic ation to Application to rescind rescindor orvary varyaanotice. notice. 71.

71. Cleara nce of Clearance of slum slum areas areas and and re-hou singofofinhabitants. re-housing inhabitants.

72. Power s of the Minist er to

72. Powers ofthe Minister to make make regulat ionsrelating regulations relatingtoto enviro environmental nmental health. health. (c) (c) Solid and Liquid Solid and Liquid Waste Waste Manag Management ement 73.

73. Duty Duty of the Autho ofthe Authorityrity to to perfor performm andand undert undertake akeservices. services. 74.

74. Keepin Keepingg andand mainte nance of maintenance of dumpi dumping ng sites. sites.

5. Manag 775. ement of solid Management and liquid solid and liquid wastes. wastes. 76.

76. The The duty duty of of the the Autho rity to undert Authority undertakeake studies. studies. 77.

77. Collec tion of Collection of solid liquid waste. solid and liquid waste. 78.

78. Design ation of Designation of transfe transferr station stations.s. 79.

79. Factor Factors for for choice choice ofof method methodss of of solid solid wastes disposal.al. wastes dispos 80.

80. Guidel ines on Guidelines on disposa disposall of solid solid and liquid wastes. and liquid wastes. 81.

81. Transp ortation and Transportation and disposa disposall ofliqu ofliquidid wastes. wastes. (d) Gaseo (d) Gaseous Waste Manag us Waste Management ement 82.

82. Gaseo Gaseous wastes wastes. 83.

83.Gaseo us wastes Gaseous wastes from from dwelli dwelling houses.. ng houses 84.

84.Contro Control of ofindustr industrial gaseouss wastes ial gaseou wastes and and wastes wastes from from vehicles. vehicles. (e) Excret (e) Excreta Waste Manag a Waste Management ement 85.

85.Excret Excreta waste. a waste. 86.

86.Excret Excreta waste manag a waste management by the ement by the Author Authority. ity. Hazardous (f)(f) Hazard andHealth ous and Health Care Care Waste Waste Manag Management ement

87.Hazard

87. Hazardous andhealth ous and health care care wastes wastes.. 88.88.Import Importation hazardous ation hazard wastes. ous wastes. 89.89.Manag Management ement ofofhealth health care care wastes wastes. NO. I Public Health 2009 5

90. Management of

90. Management wastes. hazardous wastes. of hazardous 91. wastes. hazardous wastes. Assessment for hazardous hnpact Assessment Health Impact Environment Health

91. Environment

92. Handling and

92. Handling disposal of and disposal health-care of health wastes -care wastes and other wastes. other wastes. Sewerage and Drainage (g) Sewerage (g) Construction of

93. Construction 93. public sewer. ofaa public sewer. Drain or

94. Drain 94. connected with sewer to be connected private sewer or private sewer. public sewer. with public Disapplication of

95. Disapplication 95. drain. sewer and drain. public sewer construction ofaa public of construction

96. Construction

96. Construction and and maintenance maintenance of public public sewers. sewers. Vesting of

97. Vesting 97. sewers. public sewers. of public Rights of

98. Rights 98. owners of of owners premises. of premises. Size of

99. Size 99. sewers. public sewers. of public

100. Prohibition

100. Prohibition to interfere with any sewer to interfere drain. sewer or drain. Drain or

101. Drain 101. connected with sewer to be connected public sewer or public sewer. public sewer. with public Rights of

102. Rights 102. owners of of owners premises and owners of premises owners of sewers.. · public sewers of public

103. Communication

103. Communication with public public sewer.

104. Notice

104. Notice for lateral sewer. public sewer. drainage into public lateral drainage

105. Drainage 105. plans. extension plans. building and extension provisions in building Drainage provisions

106. Provision 106. plans. premises plans. building or premises oflatrines in building Provision oflatrines buildingrules.

107. Violation of building 107. rules. building existing building of existing respect of notices in respect Authority to issue notices

108. Powers of the Authority 108. premises. or premises.

109. Notice 109. latrine and additional provide a latrine Notice to provide latrines. additional latrines.

110. Ineffective

110. Ineffective latrines, latrines, septic septic tanks, tanks, etc.

111. Violation

111. Violation of building building latrines. latrines.

112. Drainage

112. Drainage in combination. combination. 113. Appeals.

113. Appeals.

114. Effects

114. Effects ofof failure failure to execute time. works in time. execute works

115. Recovery of

115. Recovery of incurredincurred expenses. expenses.

116. Recovery

116. Recovery of of additional additional expenses. expenses.

117. Manners

117. Manners ofrecovering recovering expenses. expenses.

118. Powers

118. Powers of of entry entry andand inspection. inspection.

119. Notice

119. Notice and documents. documents.

120. Powers Powers of of the Minister Minister to make Regulations. make Regulations. I121.

21. Supply Supply of of safe safe water. water.

122. Powers Powers of of the the Authority Authority to issue orders. issue orders.

123. Offences Offences andand penalties. penalties.

124. Tampering Tampering with with soak soak pits, pits, etc. etc.

125. Interference Interference withwith waste waste water water treatment treatment area. area. 6 NO. I Public H ea/th 2009 (g) Cemetery (g) Cemeteryand andCrematoria Crematoria

126. Powers

126. Powers of ofthe theAuthority Authorit ytotodesignate designateburial burialsites. sites. 127.

127. Notifica tionof Notification ofclosure closureburial burialgrounds. grounds.

128. Reimbursement

128. Reimbur sement of ofexpenses expense stotothe theAuthority. Authority. (h) Funeral (h) Funeral Homes, Homes, Mortuar ies and Mortuaries andCoffins CoffinsBusiness Business

129. The licensing

129. The licensing ofoffuneral funeral undertakers. undertakers.

130. Powers of the Authorit

130. Powers of the Authority yto topermit permitthe the establish establishment mentofofmortuaries mortuari es and funeral and funeral homes. homes.

131. Location s of

131. Locations of mortuari mortuarieses and and funeral funeralhomes. homes . . 132. Regulati ons in respect

132. Regulations in respect of offuneral funeralhomes homesandandmortuaries. mortuaries.

133. Powers of

133. Powers of the the Authority Authorit y toto make make by-laws. by-laws. PARTY PARTY Fooo, FOOD FOOD, Fooo HYGIENE, HYGIENE, NlITRITIO NUTRITIONNAND ANDMARKET MARKETPLACES Pl.ACES (a) Food and (a) Food and Food Food Hygiene Hygiene 134.

134. Treatme Treatmentnt and disposal disposal ofofunfit unfit food. food. 135.

135. Approva Approvall of of slaughte slaughterr facility. facility. 136.

136. Records Records.. 137.

137. Inspectio Inspectionn of meat and poultry. of meat poultry. 138.

138. Registra tion of Registration food manufac offood manufacturers. turers. 139.

139. Register Register of of food food manufac manufacturers. turers. 140.

140. Place Place of of manufac manufacturing turing offoods. foods. 141.

141. Mainten ance and Maintenance and adherenc adherencee of public public health health standards standard s by by food food manufac turers. manufacturers. 142.

142. Labeling Labeling and and importat importation offood ion of additives. . food additives 143.

143. By-laws By-laws. (b) Shops, (b) Shops, Superma Supermarkets and and Market Market Places Places 144.

144. Establis Establishment hment of of markets markets and and shops. shops. 145.

145. Markets Markets not nottotobe beestablish established without without permissi permission on from from the the Authority. Authority. 146.

146. Penalty Penalty and and penalty. penalty.

147. Conditio

147. Conditions forinsuance ns for insuance of of aapermit permit or or licence. licence. 148.

148. Closure Closure ofofshops, shops, Superma Supermarkets and markets, rkets and and withdraw markets, and withdrawalal of of licences and licences andpermits. permits.

149.Powers

149. Powers of ofthe theAuthorit Authority to to make make by-laws. by-laws. NO.I Public Health 2009 7 PART VI PART INSTITUTIONS GENERALLY INSTITUTIONS GENERALLY (a) Lodging, Hotels and Guest Houses (a)

150. Conditions Conditions to operate operate a lodging, lodging, hotel hotel etc. Dressing Salons, Beauty Salons, Barber (b) Hair Dressing (b) Barber Shops and Other Salons

151. Hair Hair dressing dressing salons, salons, beauty beauty salons, salons, barbershops barbershops and and the like. like.

152. Sanitary Sanitary measures. measures.

153. Inspection Inspection ofof hair hair dressing dressing salons, salons, beauty beauty saloons, saloons, barber barber shops shops and the like.

154. Offences Offences and and penalty. penalty.

155. Powers Powers ofof the Minister Minister to make make regulations regulations in respect respect of of salons. salons. (c) Swimming Pools, Public Bathes and Massage Parlours

156. Application Application for establishment establishment ofof public public baths, baths, swimming swimming pools, pools, saunas, massage saunas, massage parlours parlours and and bathing bathing places. places.

157. Closure Closure of of public public baths, baths, swimming swimming pools, pools, saunas, saunas, massage, massage, parlours parlours etc. etc.

158. Existing Existing swimming swimming pools, pools, public public baths, baths, saunas, saunas, massage, massage, parlous parlous etc. etc.

159. Powers Powers ofof the Authority Authority to make make by-laws. by-laws.

160. Conditions Conditions for the establishment establishment ofof swimming swimming pools, pools, etc.

161. Closure Closure of of a bathing bathing places places swimming swimming pool pool or massage massage parlours parlours during outbreaks of infectious diseases. during outbreaks of infectious diseases. (d) Schools and Training Institutions (d)

162. Operation Operation of of schools. schools.

163. Public Public health health requirements requirements for operating operating a school, school, etc.

164. Health Health inspection inspection of of schools. schools. PART VII PART VII MISCELLANEOUS PROVISIONS MISCELLANEOUS PROVISIONS

165. Protection Protection against against legal legal proceedings. proceedings.

166. Indemnity Indemnity of of authorized authorized officers officers

167. Contravention Contravention by a corporate corporate entity, entity, director, director, etc.

168. Welfare Welfare and and health health of of workers workers Ij '>fl,._,..{'Ir Ft I I ... III . Public Health ,~~I 8 N0.1

169. Worker's 169. surveillance. health surveillance. Worker's health

170. Management of

170. Management swimming pools, baths, swimming public baths, restaurants, public bars, restaurants, of bars, pOOls, saunas, etc. saunas, etc.

171. Regulations.

171. Regulations. I

172. Reporting

172. Reporting of death. maternal death. of maternal ' 173.

173. Prohibition Prohibition of advertisement advertisement on matters matters or issues issues related related to public public • • ! health. health. ;

174. Prohibitation 174. toilets. than toilets. other than areas other natural call in areas Prohibitation of natural 175.

175. Amendment Amendment of of the Schedule. Schedule.

176. General

176. General penalty. penalty.

177. Repeals

177. Repeals and savings. savings. SCHEDULES NO.I Public Health Public Health 2009 9 THE UNITED THE UNITED REPUBLIC REPUBLIC OF OF TANZANIA TANZANIA NO. 1 OF 2~~ An Act to provide provide for the promotion, promotion, pre~rvatioDaDd --:-----..- preservationand-:--- ~ - maintenance of public maintenance public health health with a view to-ensuring ensuring the the provisions of comprehensive, provisions comprehensive, functional functional and and sustainable sustainable public health public health services to the general general public public and and to provide for other provide other related related matters. matters. ENACTED by Parliament of the United Republic of Tanzania. PART I REUMINARY PROVISIONS RELIMINARY PROVISIONS

1.-(1) This Act may be cited as the Public Health Act, 1008. Short Short title title and and commenc- commenc- This Act (2) This Act shall shall come come into into operation operation on such such date date as the the Minister Minister ement ement may, by notice notice published published in the Gazette, Gazette, appoint. appoint.

2. This Act shall apply to Mainland Tanzania. Applica- tion

3. In this Act, unless unless the context context otherwise otherwise requires- requires- Interpre- Jnterpre- "adult" means "adult" means a person person who who is ofof or above above the age of of eighteen eighteen years; years; tion "Authority" means "Authority" means a district district authority authority or an urban urban authority; authority; "authorized "authorized officer"- officer" - 10 NO. I Public Health 2009 (a) (a) in relation in relation to to the theAuthority, Authority,means meansaaMedical MedicalOfficer OfficerofofHealth, Health, District Medical Officer, Environmen District Medical Officer, Environmental Health Practitioner tal Health Practitioneroror any appointed any appointed public public officer; officer; and and (b) in (b) in relation relation to to the the Ministry, Ministry, means means aaMedical MedicalOfficerOfficerofofHealth, Health, District Medical District Medical Officer, Officer, Regional Regional Medical Medical Officer, Officer, Environmental Health Environmental HealthPractitioner Practitioneror orany anypublic publicofficer officerappointed appointed by the by the Minister; Minister; .. ''basemem'' ''baseirient'' ··l)l~ans lJl~ans anyany room room whichwhich exceeds exceeds one-third one-third of of aa standard standard height measured from the level height measured from the level of the floor of the floor below belowthe the surface surfaceofofany any gr,und: gr~ within t~.e within t~.e meters meters of ofthethe wall wall of ofsuch suchroom; room; "building'' or ~remiSe.s" "building" ~rernisel' means means any any structure structure or or erection erection andandany anypart part i of of any any structure structure o{ erection o{erection of of any any kind kind whatsoeve r whether whatsoever whether . ·., , :i ~rrn~ent, p«rm~ent, temporary or temporary or movable, movable, and and whether whether completed completed or or uncornp1ete uncomp1eted(d; . "burnir-tne "bUilaI-rneans ans burial burial irrearth, irrearth, interment, interment, any any other other form form ofofsepulchre, sepulchre, the cremation cremation or any other mode other mode of of disposal disposal of ofaa dead dead body; body; "breeding sites" "breeding sites" means means breeding breeding sites sites of ofmosquitoes mosquitoes and and other othervermins, vermins, bottles, vessel, bottles, vessel, timber, cask cask or other other articles, articles, whole whole or orbroken, broken, whether whether fixed fixed onon walls walls or not, tins, boxes, calabashes, earth ware vessels, boxes, calabashes, earth ware vessels, shell shell or or any any other article and tree standing other article standing or or fallen, fallen, which which are are kept kept soso as as to to retain retain water water or carry out any activities or carry activities which which may may lead lead to the breeding to the breeding of mosquito and of mosquito includes- and includes- (a) (a) any collection of any collection of water, sewage, sewage, waste waste or or other other conditions conditions which which permit permit or facilitate the breeding or facilitate breeding or multiplicati multiplicationon of ofmosquitoes, mosquitoes, tsetse tsetse flies, flies, rats, rats, simuliwn, simulium, black fly, ticks, black fly, ticks, lice, lice, snails snails or or parasites parasites of of human beings or human beings or animals animals which which may may cause cause thethe infection infection of of human human beings beings or domestic animals; or domestic animals; (b) (b) any collection of any collection of water water in in any well, well, pool, pool, gutter, gutter, channel, channel, depression, excavation, barrel, depression, excavation, barrel, tub, bucket or any other bucket or any other article, article, found found to to contain contain any any of of the the immature immature stagesstages of of the the mosquito mosquito or or other vermins; other vermins; and and (c) (c) anyany cesspit, cesspit, latrine, latrine, urinal, urinal, dung-pit dung-pit or or ash-pit ash-pit found found toto contain contain immature stages immature stages of of the the mosquito mosquito or or other other disease disease causing causing agents agents orvermins; orvermins; "carrier" means "carrier" means aaperson person harboring harboring diseasedisease agents agents without without symptoms symptoms or or signs of signs ofthe the disease; disease; "cellar" "cellar" means means any any room room of of the the floor; floor; other other than than basement basement of of the the floor floor lower than lower than aa ground ground within within three three meters meters of of that that room room andand includes includes anyvault any vault or orundergroun undergroundd room; room; N0.1 Public Health 2009 11 "cesspool" includes "cesspool" includes a settlement tank or any settlement tank any other tank for the reception other tank reception disposal of or disposal of foul foul matter matter from a building building or premises; premises; "child" means "child" means a person person under under the age of of eighteen eighteen years; years; "communicable or infectious "communicable infectious disease" disease" means means an illness illness caused caused by an infectious agent infectious agent or its toxic toxic products, products, which which is transmitted transmitted directly directly or indirectly from indirectly from an infected infected person person or animal animal or through through the agency agency of of a mediate mediate environment; environment; "contact" in relation "contact" relation to communicable communicable disease disease means means a person person who who has has been in contact been contact with with a case case or suspected suspected case of of co~unicable corpmunicable disease disease within the recognized within recognized incubation incubation period period of of that that disease; disease; "concurrent disinfection" "concurrent disinfection" means means the disinfection disinfection ofof infected infected articles articles used used patient during by the patient during the timetime of of that that patient's patient's illness; illness; "court" means "court" means the High High Court Court and the courts courts subordinate subordinate thereto; thereto; "day" means "day" means an interval interval of of twenty twenty four four hours; hours; "dairy farm" includes "dairy includes any farm-house, farm-house, cowshed, cowshed, milk-shop milk-shop or other other place place which milk from which milk is supplied supplied or in which milk milk is kept or used used for purposes purposes of sale of sale or used used for thethe manufacturing manufacturing of of butter, butter, ghee, ghee, dried dried milk milk or condensed milk condensed milk or anyany other other milk milk products; products ; "dairy farmer" "dairy farmer" includes includes anyany cow-keeper, cow-keeper, purveyor purveyor of of milk milk or occupier occupier of a dairy of dairy farm, and in case case where where a dairy dairy is owned owned by a corporation corporation company, farm or company, farm manager manager or otherother person person managing managing such such dairy; dairy; "deratting" means "deratting" means the procedure procedure whereby whereby health health measures measures are taken taken to control or kill control kill rodent rodent vectors vectors ofof human human diseases diseases present present in baggage, baggage, cargo, containers, cargo, containers, conveyance, conveyance, facilities, facilities, goods goods and postal postal parcels parcels at point of the point of entry; entry; "disease causative "disease causative agent" agent" means means a biological biological pathogen pathogen that that causes causes a . disease; disease; "disinfection" means "disinfection" means the procedure procedure whereby whereby heath heath measures measures are taken taken control or kill to control kill infections infections agents agents on a human human or animal animal body body surface surface baggage, cargo or on baggage, cargo containers containers conveyances, conveyances, goods goods and postal postal parcels parcels direct exposure by direct exposure to chemical chemical or physical physical agents; agents; "earth-closet" means "earth-closet" means a pit pit latrine, latrine, privy privy or a closet closet having having a movable movable receptacle for the receptacle the reception reception of of faecal faecal matter; matter; "Environmental Health "Environmental Health Practitioner" Practitioner" means means any officer officer duly duly qualified qualified in Act Act No.20 No.20 environmental health environmental health sciences sciences and registered registered under under the Environmental Environmental of 2007 Health Practitioners Health Practitioners (Registration) (Registration) Act, 2007; 2007; "free pratique" "free pratique" means means permission permission for a ship or an aircraft aircraft to enter enter a port, port, embark or disembark, embark disembark, discharge discharge or load load cargo cargo or stores; stores; "food" "food" shall shall have meaning ascribed have a meaning ascribed to it under under the Tanzania Tanzania Food, Food, Cap. 219 Drugs and Cosmetics Drugs Cosmetics Authority Authority Act; 12 NO. I Public Health 2009 "garbage" means "garbage" means non-liquid non-liquid materials materials arising arising from from construction construction and and demolition activities, demolition activities, garden trinnnings, mining operations, dead animals, garden trimmings, mining operations, dead animals, abandoned car, abandoned car, scraps scraps andand swill; swill; .· "health care "health care facility" facility" includes includes a hospital, hospital, aa health health centre, centre, aa dispensary, dispensary, aa clinic, a nursing clinic, nursing home home and and a health health post; post; "health personnel" means any "health personnel" means any person who person who has has undergone undergone training training andand qualified in health qualified health sciences sciences andand who who is is registered registered by by the the professional professional body concerned; body concerned; "infected person" "infected person" means means a person person suffering suffering from from or or in in the the incubation incubation stage or contaminated stage contaminated with with the the agent agent of of any any infectious infectious disease disease or or aa carrier; carrier; "infectious agent" "infectious agent" means means a disease disease organism organism causing causing infection; infection; "inspection chamber" "inspection chamber" means means a chamber chamber constructed constructed on on aa drain drain to allow allow access access for its inspection inspection and and cleansing; cleansing; "institution" means "institution" means higher higher learning learning institution, institution, office, office, hospital, hospital, police police or or army barrack, army barrack, prison, prison, religious religious building, building, camp, camp, convent convent andand includes includes any other other organization entity which organization or entity which the the Minister Minister may may declare declare itit toto be an institution institution for the purposes purposes of of this this Act; Act; "isolation" means "isolation" means a separation separation of of ill or contaminated contaminated personspersons or or affected affected baggages, containers, baggages, containers, conveyances, conveyances, goods goods or or postal postal parcels parcels from from others others such a manner in such manner as to prevent prevent the the spread spread of of infections infections or or contaminations; contaminations; "lateral drain" "lateral drain" means means a portion portion of of a system system of of drain drain or or private private sewer, sewer, which which in relation relation to- (a) soil and waste waste water, water, lieslies between between the the intercepting intercepting chamber chamber and the public public sewer, sewer, including including the the intercepting intercepting traptrap and and sewer sewer connection; or connection; (b) storm water, (b) storm water, lies between between the last last inspection inspection chamber chamber and and the the public sewer public sewer or where where there there is no inspection inspection chamber, chamber, between between the curtilage curtilage of the premises premises andand thethe public public sewer; sewer; "market" means "market" means a premises premises or place place for buying buying or selling selling ofof fruits, fruits, vegetables or vegetables or any food, animal animal or materials; materials; "man hole" "man hole" means means a hole used used with with accessories accessories by sewer sewer men men when when there there isis aa need need to descend descend and climb climb into into for examination examination purposes; purposes; "maternal death" "maternal death" means means a death death of a woman woman while while pregnant pregnant or within within forty two forty two days days of delivery, delivery, miscarriage miscarriage or termination termination of of pregnancy pregnancy from from any cause related any cause related to or aggravated aggravated by the the pregnancy pregnancy or or its its management, management, but but not from accidental or incidental from accidental incidental causes; causes; "meat inspector" "meat inspector" meansmeans a person person appointed appointed by the the Authority Authority for for purposes purposes of of conducting conducting meatmeat inspection; inspection; NO. I Public Health 2009 13 observation" means ''medical observation" "medical detention of isolation or detention means the isolation persons for of persons the purpose of the purpose examination; medical examination; of medical Government medical means aa Government officer" means "medical officer" "medical officer and includes medical officer includes any the out the carry out authorized to carry practitioner duly authorized medical practitioner registered medical any registered duty of duty of the Government in the Government accordance with this Act; in accordance "Medical Officer of "Medical Officer means - Health" means of Health" (a) the (a) Officer or any duly Medical Officer Chief Medical the Chief medical qualified medical duly qualified practitioner in practitioner authorized by Government authorized service of the Government in the service the by the Minister to Minister Health; and Officer of Health; Medical Officer act as a Medical to act and (b) in (b) any City, in any Municipality or other City, Municipality other area ofthe the Authority, duly any duly Authority, any Officer Medical Officer appointed to be a Medical practitioner appointed medical practitioner qualified medical qualified of council municipal council council, municipal council, city council, district council, Health by the district of Health or where - authority where other authority or other (i) appointment was made that appointment (i) that made with approval of prior approval with prior the of the Minister; or Minister; appointment was made (ii) the appointment (ii) approval of prior approval without prior made without the of the Minister, Minister, the medical practitioner medical practitioner has has been been authorized authorized by by the Chief conferred powers conferred the powers exercise the Officer to exercise Medical Officer Chief Medical Officer of Medical Officer upon a Medical upon Health; of Health; Medical Cap. the Medical under the ascribed to it under meaning ascribed practitioner" has the meaning "medical practitioner" "medical 152 Cap. 152 and Dentist Practitioners Act; Dentist Practitioners "medical surveillance" "medical keeping of means the keeping surveillance" means medical under medical person under of a person supervision; supervision; "Minister" means "Minister" health; responsible for health; Minister responsible means the Minister "Ministry" means "Ministry" health; responsible for health; Ministry responsible means the Ministry "notifiable disease" "notifiable condition of "notifiable condition disease" and "notifiable those means those health" means ill health" of ill diseases, injuries diseases, injuries or other conditions of other conditions designated as health designated of ill health such as such under section under section 13 of of this this Act; "nuisance" means "nuisance" means anything anything which which is in such disposed used, disposed condition, used, such a condition, of, situated, situated, constructed constructed or or is unclean unclean as to be- be- (a) dangerous dangerous to humanhuman life life and limb; and limb; (b) injurious injurious to human human health health oror animal; animal; (c) offensive; offensive; (d) likely likely to give give rise rise to or spread of the spread facilitate the or facilitate diseases; ofdiseases; likely harbour mosquitoes, flies, rats or vermins of (e) likely to harbour mosquitoes, flies, rats or vermins kind; any kind; ofany (f) likely likely to be be injurious injurious or or to any ofany supply of water supply and water food and affect food to affect area; area; or or (g) injurious injurious to environment; environment; "occupier" means "occupier" means a person person in in actual actual occupation occupation of premises or premises land or of land irrespective irrespective of ofthe the nature nature ofofthe the title title under under which which that that person occupies, person occupies, Public Health 2009 14 N0.1 andand case inin caseofofpremi premises ses subdi vided and subdivided andlet tolodge letto lodgersrs or various tenants, or various tenants, le by the lodge rs or andandit itinclu des the includes theperso persons ns receiv ing rent receiving rent payab payable by the lodgers or tenan ts wheth tenants whetherer ininthat thatperso person's own accou n's own account nt or as an agent for any or as an agent for any perso n actua person lly occup actually occupyingying that land or thatland or premises, as prem ises, the case may be; as the case may be; n holdi ng or who is "own er" ininrelati "owner" on totoany relation anyprem meanss the ises mean premises the perso person holding or who is ises 1.lllde r a right deem ed by deemed anywritte byany written lawto n law tobebeholdi holding such prem ng such premises under a right himse lfout ng himself out ofofoccup ancy, and occupancy, andinclud includes es anyanyperso person n claim claiming or holdi ing or holding in respe ancy in respect of ct of beingthe asasbeing theowne owner and entitl r and entitleded to right of to aa right of occup occupancy where the case where the case ownerr of the owne prem ises can such premises can theprem the ises, ororininthe premises, of such notbebefoundfound, person in theperso , the in actua occup ation of such actual occupation of such premises; prem ises; not widely sprea s aawidel deadly desea spread deadl result ing in se resulting in the death thedeath emic" mean "pandemic" "pand means desease ofofmany manypeopl people and and so namedd by soname by recog recognised authority; nised authority; "parent" des the includes father or the father moth er of a or mother of a child, andchild, perso nhaving and aa person havin g "pare nt'' inclu thecare the care or custody of orcusto of aa child; child; "place of entertainment" nt" mean means club, restau cinema,a, club, theatre,e, cinem s theatr casin o rant,casino restaurant, "plac e of entertainme place which which in in accor dance to Actmay this Act to this maybe beusedusedfor for ororany any otherother place accordance recreational recrea activities; tional activi ties; Cap. 166 "port" shall have a a meaning mean ing ascrib ascribed under the to itit under ed to PortsAct; thePorts Act; Cap. 166 "port shall have ActNo.20 "Port Healt No.20 "Port Healthh OfficOfficer" er" meanmeanss any any Envir onmental Health Environmental Healt h Pract itione r Practitioner Act of 2007 of 2007 registered regist under the ered under the Envir onmental Health Environmental Practitioners (Registration) n) Health Practi tioner s (Regi stratio Act,200?; Act,2 007; "premises" meanss land, buildings, struct land, buildings, ures, basem structures, basements entsand vesse ls, andvessels, "prem ises" mean and inclu includes any cartil des any cartilage, forecourt, age, foreco place of storag yardororplace of storage used urt,yard e usedinin and connection conne ction withwith buildbuilding ing or or part partof that build ofthat building;ing; andandin relationontoto in relati vessels, includes ls, includ es aircrafts, aircrafts, aa carria carriage receptacleofofany orreceptacle ge or wheth er kind,whether anykind, vesse open or open or close closed; d; "public health" " means mean s aa nation nationalalhealth, community health, comm healthand unityhealth individual andindividual "public health healthh which healt which is is primarily prima rily aimed aimedatat increa increasing the well- singthe well-beingbeingofof thethe population ation byby providing provi dingessentialessentialpublicpublichealth citizens servicestotoallallcitizens healthservices popul of Mainland Tanzania; of Main land Tanzania; itted useuse to to "publ latrin e" mean s any latrine to which the publi c is perm "publicic latrine" means any latrine to which the public is permitted upon payment of a user fee or otherwise; upon paym ent of a user fee or otherwise; any sewer vested in or constructed byby ororonon behal f "publ ic sewer mean s any sewer vested in or const ructe d "public sewer" "means behalf of or under rthe control of the Authority; of or 1.lllde the contr ol of the Authority; "recreational ground" means a piece ofland set aside for public c recreation; recreation; "recreational ground" means a piece oflan d set aside for publi "salon" includes aabarber shop, hair dressing salon, beauty salon y salon and andanyany "salo n" inclu des barbe r shop, hair dressing salon, beaut other premises used for the related or like purposes; other prem ises used for the relate d or like purpo ses; "sanitary accommodation" includes water closets, urinals ls andand latrines; latrines; "sani tary accom moda tion" includes water closets, urina "scavenger" means a person who sorts articles for use from from refuse refus e or or "scav enger " mean s a perso n who sorts articles for use waste bins, heaps, bays and dumps; waste bins, heaps , bays and dumps; NO.I Public Health 2009 15 "stray animal" "stray animal" means means an animal animal which, which, for the time time being, being, has has no no identified identified owner; owner; "septic tank" "septic tank" means means a masonry masonry structure structure for the the reception reception andand biological biological treatment of treatment of sewage; sewage; "slop-hopper" means "slop-hopper" means any any fitting fitting intended intended for thethe reception reception of of soil soil water; water; "soakage pit" "soakage pit" means means a pit pit constructed constructed PUrposely purposely to receive receive andand allow allow water to soak water soak away away efficiently efficiently from from septic septic tank tank oror storm storm water; water; "soil water" "soil water" means means any discharge discharge fromfrom water-closets, water-closets, slop-hoppers, slop-hoppers, urinals and water urinals and water containing containing anyany excremental excremental liquidliquid or or substances; substances; "storm water" "storm water" means means surface surface or rain rain water; water; "vector" means "vector" means an insect insect or other other animal animal which which transports transports an an infectious infectious agent that agent that constitutes constitutes a public public health health risk; risk; ''vermin" includes "vermin" includes rodents, rodents, rats, rats, mice, mice, squirrels, squirrels, molls molls and and any any other other pests pests associated with associated with carrying carrying ofof diseases; diseases; "vessel" means "vessel" means a ship, tug, lighter, lighter, boat, boat, barge, barge, canoe, canoe, schooner schooner or or dhow; dhow; "water-closet" means latrine "water-closet" means latrine used, used, adapted, adapted, designed designed or intended intended to bebe used in connection used connection with with a water water carriage carriage system system and and comprising comprising of of a provision for the flushing provision flushing ofof the the receptacle receptacle by by means means of of an approved approved water supply. water supply. PART II PART ADMINISTRATION ADMINISTRATION

4.-(

4.-(1) 1) The The Minister Minister shall shall promote, promote, preserve preserve and and maintain maintain a Duties Duties of of comprehensive, functional and comprehensive, functional and sustainable sustainable public public health health system system in the the Minister Minister Mainland Tanzania Mainland Tanzania for the pUrpose purpose of of - (a) securing securing improvement improvement in the health health habits habits and lifestyles lifestyles of of people living in Tanzania; people Tanzania; (b) securing securing environmental environmental sanitation sanitation and hygiene; hygiene; (c) preventing preventing and controlling living infectious controlling living infectious or communicable communicable other diseases; and other diseases; and (d) providing providing guidance guidance to the Authority Authority and other other authorities authorities in regard to matters regard matters affecting affecting public public health. health. (2) (2) The International Health The International Health Regulations, Regulations, 2005 adopted adopted by the World World Health Assembly Health Assembly shall shall apply apply in tandem tandem with with the provisions provisions of of this Act. Act. 16 NO. 1 Public Health 2009 Duties Duties shall-- Authority shall Every Authority S.5. Every and and functions functions necessary and lawful, necessary take lawful, (a) take (a) reasonablee measures and reasonabl prevent to prevent measures to ofofthe the Authorities occurrencee of the occurrenc the with any deal with or deal of or out-break or prevalence e any out-break or prevalenc Authorities infectious or any infectious of any of or communic and non-comm able and communicable unicable non-communicable Cap.191 disease; disease; appropriateate Environm an appropri cause an (b) cause (b) Impact Health Impact ental Health Environmental Assessme Assessmentnt Study to be conducted for all activities Study to be conducted for all activities as may as may be provided for be provided under the Environm for under Managem ent ental Management Act; Environmental Act; ((c) safeguard and c) safeguard promote the public and promote standards; health standards; public health d) issue ((d) for rectificati notices for issue notices health public health ofpublic breach of any breach of any on of rectification standards; standards; by- throughby- standards through health standards public health enforce public implement t and enforce (e) implemen (e) laws; laws; (f) promote (f) promote public creation throughcreation area through its area in its standards in health standards public health of awareness of campaigns;s; educationalal campaign and education awareness and (g) carry (g) and inspections;s; and carry out inspection (h) exercise (h) exercise the powers powers or or perform public thepublic ofthe respect of inrespect duties in performduties health in accordance health accordance with with this written law. otherwritten law. any other or any Act or this Act Authorities Authorities 6. The

6. The Authority Authority may, may, in consultationon with in consultati by- makeby- Minister,make the Minister, with the to make make laws in order to facilitate the effective operation of ofpublic public health health services services to by laws laws laws in order to facilitate the effective operation by in connectionn with in connectio with any any public public health healthmatter. matter. Functions Functions 7. The

7. The functions functions of ofthe the authorized authorizedofficer officershall to- beto- shallbe of the of the authorized (a) (a) carry carry out out inspections; inspections; authorized officer (b) serve notices; notices; officer (b) serve (c) ( c) institute institutelegal legalproceedings; proceedings; (d) take samples; (d) take samples; ((e) e) conduct environmental conduct environme ntalhealth healthresearch; research; (f) conduct public health (f) conduct public health education; education ; NO. I Public Health 2009 17 plan and implement (g) plan implement various various programs programs relating malaria, mv relating to malaria, lilV and AIDS, and AIDS, vaccinations vaccinations and any other other disease disease preventive preventive programs; programs; and and perform other (h) perform other duties duties as may may be assigned assigned by the Authority. Authority.

8. Where Where any Environmental Environmental Health Health Practitioner Practitioner or()r authorized authorized officer officer Notice Notice to is of of the opinion opinion that that the cleansing cleansing and and disinfection disinfection of of any any premises, premises, c~e~se c~e~se and ·1d· b Ul"ld" m mg or its . " Its part f . " I 1 artic e 1s part or 0o anyartic . " 1·k l"k I 1 IS 11 e y to retam . . "fifi retam m ection, . h h 11 11 d1smfect dlSlnfect ectlon, e s a premises premises notice in writing give notice writing to the owner owner or occupier occupier ofof such such premises, premises, building building part or article, or its part article, specifying specifying the steps to be taken taken to clean clean and and disinfect disinfect such building such building or part part of of it within within a specified specified time. time. PART III III NOTIFICATION AND CONTROL NOTIFICATION CONTROL OF INFECTIOUS INFECTIOUS OR COMMUNICABLE COMMUNICABLE AND AND NON NON COMMUNICABLE DISEASES COMMUNICABLE DISEASES AND CONTROL CONTROL OF MOSQUITOES MOSQUITOES (a) Notification of of Infectious or Communicable and Non- of Infected Diseases and Isolation of Communicable Diseases Infected Persons Persons 9.-{1) 9.-{l) The The Minister, Minister, in consultation consultation with with the authorized authorized officer, officer, shall shall Notification Notification notify public by a publication notifY the public publication in the local local newspaper newspaper circulating circulating in the of of infectious infectious area notice area notice boards boards on the area area or any other other method method which which may may be diseases ·. considered considered fitfit on the the occurrence, occurrence, existence existence of of any any infectious, infectious, communicable and non-communicable communicable non-communicable disease disease prescribed prescribed in the the First First Schedule to this Schedule this Act. Act. Without prejudice (2) Without prejudice to the provisions provisions of (I), in controlling subsection (1 of subsection controlling spread of the spread of any disease, disease, the Medical Medical Officer Officer of of Health Health may, by the the notice of the Minister, notice of Minister, prohibit prohibit or restrict restrict the free movement movement of of people people visiting the from visiting the infected infected area. area. 10.-{l) Any lO.-{I) Any person person suffering suffering from from any notifiable notifiable infectious infectious disease disease Duty Duty to shall himself, shall himself, the occupier, occupier, any any person person or any any relative relative residing residing in that notify that not~fy " " notifiable notIfiable premises inform - premISeS mform infectious infectious diseases (a) a nearest (a) nearest authority; authority; or and communi- communi- the authorized (b) the authorized officer officer or Medical Medical Officer Officer in-charge in-charge ofof any any cable cable health care health care facility facility or medical medical practitioner practitioner in that that locality. locality. diseases 18 N0.1 Public Health 2009. Every medical (2) Every medical practitioner practitioner or authorized authorized officer officer attending attending on or called in to visit called visit the patient patient shall, shall, on becoming becoming aware aware that that the patient patient is suffering from suffering from any notifiable notifiable infectious infectious disease, disease, submit submit to the the nearest nearest Medical Officer Medical Officer ofof Health, Health, a certificate certificate stating stating the name name of of the patient, the patient, the location location ofof the the premises premises and the nature nature of of the notifiable notifiable infectious disease infectious disease from from which which the patient patient is suffering suffering from. from. The medical (3) The medical practitioner practitioner or authorized authorized officer officer shall shall inform inform the the of the household head of head household or the occupier occupier of of the premises premises or any person person in attendance of attendance of that that patient patient of of - the nature (a) the nature of of the infectious infectious disease; disease; and and the precautionary (b) the precautionary measures measures to be taken taken to prevent prevent its spread. spread. Where a medical (4) Where medical practitioner practitioner or authorized authorized officer officer has has been been called in, the obligation called obligation to notify notify an infectious infectious disease disease shall shall lie on that that medical practitioner medical practitioner or other other authorized authorized officer. officer. Every Medical (5) Every Medical Practitioner Medical Officer Practitioner or Medical Officer of of Health Health who who becomes aware becomes aware through through the conduct conduct ofof post-mortem post-mortem examination examination or otherwise that otherwise that a person person has died of a notifiable died of notifiable or infectious infectious disease, disease, shall immediately he shall immediately furnish furnish a written written certificate certificate to the nearest nearest authorized officer, authorized officer, and and inform inform the the head of the household head of household or the the occupier of occupier of the premises premises or any person person who hashas been been attending attending that that deceased person deceased person of- of- (a) the infectious infectious nature nature of of the disease; disease; and and the precautions (b) the precautions to be taken taken to prevent prevent its spread. spread. Where the deceased (6) Where deceased person person is from foreign foreign land, land, notification notification shall shall made to the be made the Chief Chief Medical Medical Officer. Officer. Where a private (7) Where private health health facility facility receives receives a patient patient suffering suffering from from infectious or communicable infectious communicable diseases, diseases, it shall shall report report the matter matter immediately to the Medical immediately Medical Officer Officer ofof Health Health or authorized authorized officer officer in area, who the area, who shall shall publish publish a notice notice ofof the the occurrence occurrence ofof the the infectious infectious communicable disease or communicable disease in the local local newspaper newspaper widely widely circulating circulating in that area that area or post post notice notice in public public place. place. N0.1 Public Health 2009 19

11.-(1)Any 11.-{1) may, in officer may, authorized officer Any authorized Authority collaboration with the Authority in collaboration Powers of Powers of entry entry or the nearest from the officer from the officer or the Authority any nearest Authority any time between time between the hours of hours of seven in seven morning and the morning inthe evening or the evening in the six in and six or during business which the business during which inprogress- isis in progress- enter any (a) enter (a) premises or any premises or any conveyance for other conveyance carriage or other any carriage purpose of the purpose the carrying out of carrying order; lawful order; duties or any lawful out his duties inspect any (b) inspect (b) premises which any premises which he has that believe that reasons to believe has reasons any person any suffering or person suffering who has or who suffered from any recently suffered has recently from any or has is or disease is infectious disease infectious inmate present or any inmate recently been present has recently who has who any of any infection of exposed to the infection been exposed recently been has recently disease present infectious disease present notifiable infectious notifiable or has recently been has recently been present; and present; and examine any (c) examine (c) person in any person premises for the that premises in that purpose of the purpose of whether that ascertaining whether ascertaining recently has recently suffering or has person is suffering that person carrier of any of from or is a carrier suffered from suffered disease. such disease. of such (2) Any (2) Any authorized examination to post-mortem examination cause a post-mortem officer may cause authorized officer to bebe made made on on any purpose of corpse for the purpose any corpse whether ascertaining whether the of ascertaining the death has death has been disease. notifiable disease. disease or a notifiable infectious disease caused by an infectious been caused 12.-{1) 12.-{ 1) Any patient disease infectious disease or infectious notifiable or suffering from a notifiable patient suffering Isolation Isolation of of shall be shall be isolated isolated from other other persons. persons. infected infected persons persons (2) Where (2) Where a medical medical practitioner confirms officer confirms authorized officer practitioner or an authorized the diagnosis the diagnosis or has reasonable grounds reasonable grounds to believe believe that that a person person is is suffering from a notifiable suffering notifiable or infectious infectious disease, infected the infected order the shall order he shall disease, he person to be isolated, person isolated, moved moved into into a hospital hospital or be and be centre and treatment centre or treatment quarantined. quarantined. (3) Where Where a person person notifying notifying a notifiable not disease isis not infectious disease or infectious notifiable or a medical medical practitioner, practitioner, he shall shall seek seek the the opinion opinion of Officer Medical Officer the Medical ofthe of Health, of Health, except except that that where where he fails fails to to do so so he he may may himself order the himselforder the patient to be moved patient moved to a hospital hospital or or a place place of ofisolation. isolation. 13.-{ 1) Where 13.-{1) Where the the Medical Medical Officer Officer ofofHealth Health oror the the District DistrictMedical Medical Diseases toto Diseases person isis notified be notified be Officer has Officer has received received a notification notification under under section section 9, 9, that that aa person the to the to suffering suffering from from one one of of the the diseases diseases set set out out in in the the First First Schedule Schedule to to this this Chief Chief Act, he shall, within six hours of receipt Act, he shall, within six hours of receipt of of that that notice, notice, notify notify the the Regional Regional Medical Medical Officer Officer Medical Officer Medical Officer who who shall shall notify notify the the Chief ChiefMedical Medical Officer Officerby bythe themost most expeditious means expeditious means available. available. 20 N0.1 Public Health 2009 Notification of (2) Notification of the infectious infectious diseases diseases under under this this Act Act shall shall be prescribed Form made on the prescribed made Form set set out out in the Second Second Schedule Schedule to this this Act. Act. (b) (b) Prevention and Control of of the Spread of of Infectious Infectious or Communicable Diseases Communicable Diseases Advice Advice Upon receiving

14. Upon receiving notification notification of of infectious infectious or communicable communicable disease disease and directives directives under this under this Act, Act, the Chief Chief Medical Medical Officer Officer may advice advice and issue issue directives directives of the Regional Medical to the Regional Medical Officer Officer or the Medical Medical Officer of Health, Officer of Health, the the Chief Chief Medical Medical District Medical· District Medical· Officer Officer or authorized authorized officer, officer, as the the case case may may be, to Officer Officer take appropriate take appropriate measures measures ofof preventing preventing thethe spread spread of of the the disease disease including the management including management of of the outbreaks. outbreaks. Prevention 15.-( 15.-{1) Where a portion l) Where portion or the whole whole ofof a district district has has an outbreak outbreak of of of the one or more one more ofof the diseases diseases listed listed in the First First Schedule Schedule to this this Act, Act, the spread of diseases Medical Officer Medical Officer of of Health Health or the District District Medical Medical Officer Officer may- may- published in the Gazette, and order published (a) by an order and widely widely circulating circulating news papers news papers specify specify quarantine quarantine measures measures thatthat will will facilitate facilitate the scaling the scaling down down ofof the outbreak; outbreak; order vaccination (b) order vaccination or immunization immunization of of any any contacts contacts of of the case case using the appropriate using appropriate vaccine; vaccine; or (c) carry carry out out such such concurrent concurrent or terminal terminal disinfections disinfections and and disinfestations as may disinfestations may deem deem necessary. necessary. The quarantine (2) The quarantine measures measures may may inc1ude- include- (a) banning banning of of certain certain activities activities or businesses businesses that that perpetuate perpetuate the spreading of spreading of the the infection; infection; restriction of (b) restriction of entry entry into households households or premises premises with with infected infected persons, treatment persons, treatment centers centers or crossing of boarders; crossing of boarders; (c) creation of sites creation of sites for temporary temporary treatment treatment centers; centers; or (d) taking taking any other other appropriate appropriate management management measure measure to prevent prevent outbreaks. the outbreaks. The Medical (3) The Medical Officer of Health Officer of Health or the the District District Medical Medical Officer Officer may lift may lift the the quarantine quarantine and restrictions restrictions when when considers considers it medically medically fit and safe and safe to do so. N0.1 Public Health 2009 21 who-- person who Offences Offences

16. Any person

16. Any and and mows or (a) knows reasons to has reasons or has that he is think that to think from a suffering from is suffering penalties penalties (a) relating to relating to notifiable or notifiable disease likely infectious disease or infectious likely to persons other persons expose other to expose notifiable notifiable infection by of infection risk of the risk to the to conduct in any presence or conduct his presence by his any diseases diseases street, place of vehicle, place transport, vehicle, public transport, place, public public place, street, public of club, hotel, assembly, club, entertainment, assembly, entertainment, premises restaurant, shop, premises hotel, restatirant, other place; any other or any or place; (b) is (b) from suffering from believes is suffering whom he believes person whom of aa person care of taking care is taking aa notifiable notifiable or or infectious infectious disease, causes causes or pennits pennits that that person person to expose to expose other presence infection by his presence risk of infection persons to the risk other persons conduct in or conduct or any of in any of the places; the places; ((c) lends, sends, gives, lends, c) gives, previous without previous exposes, without transmits or exposes, sends, transmits disinfection disinfection oror disinfestation, which beddings which clothing or beddings disinfestation, any clothing is mown is known to notifiable from a notifiable infection from exposed to infection been exposed to have been or infectious or infectious disease have to have knows to which he mows article which disease or any article been exposed been exposed and which which may infection; such infection; carry such may carry ((d) rents, hires d) rents, lends any premises hires or lends been a has been there has where there premises where case of case of infectious infectious or notifiable terminal the terminal to the prior to disease prior notifiable disease disinfection being disinfection being carried there is where there out or where carried out patient is a patient suffering suffering from a notifiable notifiable disease, disease, commits commits an an offence offence and upon upon conviction not fine not to a fine liable to be liable shall be conviction shall exceeding one million shillings exceeding shillings or to imprisonment imprisonment for a term termnot exceeding not exceeding twelve months twelve months or to both. both.

17. Where Where there there is occurrence occurrence of of a disease First the First in the listed in not listed disease not Diseases Diseases to be to be Schedule Schedule to this Act, Act, the the Minister Minister shall, shall, by by a notice notice in in the the Gazette Gazette and and in in notified notified any local widely circulating newspaper, declare such any local widely circulating newspaper, declare such occurrence occurrence as as aa the in the in Gazette Gazette disease under disease under that that Schedule. Schedule. 18.-{ l)

18.-( 1) Where Where a person person has has been been bitten bitten by by aa rabid rabid animal animal or oraa suspected suspected Rabid Rabid animals animals rabid animal, rabid animal, efforts efforts shall shall be be made made to to trace trace that that animal animal and and the patient the patient shall shall be diagnosed and vaccinated diagnosed and vaccinated or or dealt dealt with with in in accordance accordance with with the the prevailing medical prevailing medical practice. practice. (2) Where (2) Where the the diagnosis diagnosis made made under under subsection subsection (1) (1) isis positive, positive, the the animal shall be destroyed immediately. animal shall be destroyed immediately. 22 N0.1 Public Health 2009 (c) Vaccination Against Childhood and Other Communicable Vaccination Against Communicable Diseases Diseases Immuni- Immuni- 19.-(1) Every

19.-(1) Every parent parent or guardian guardian of of a child child born born in Mainland Mainland Tanzania Tanzania zation of zation children children shall, within shall, within twelve twelve months months from from birth, birth, cause cause that that child child to be immunized immunized and against polio, against polio, tuberculosis, tuberculosis, diphtheria, diphtheria, pertussis, pertussis, tetanus, tetanus, measles, measles, hepatitis hepatitis pregnant pregnant and any other "B" and other immunizable immunizable diseases diseases which which may may be prescribed prescribed by the women Gazette. Minister in the Gazette. Minister The parent (2) The parent or guardian guardian ofof the the immunized immunized child child shall shall obtain obtain an immunization card immunization card as prescribed Third Schedule prescribed in the Third Schedule to this this Act. Act. Every pregnant (3) Every pregnant woman woman shall, shall, throughout throughout her her pregnancy, pregnancy, ensure ensure that she undertakes that undertakes immunization immunization against against tetanus tetanus and and any other other infectious infectious immunizable diseases immunizable diseases as the Minister Minister may may prescribe the Gazette. prescribe in the Orders 20.- The

20.- The Minister Minister may, by by order published in the Gazette, declare- order published declare- (a) any area area to be a compulsory compulsory vaccination vaccination area area against against diseases diseases and shall specify and specify a period period within within which which the vaccination vaccination against against those diseases shall those diseases shall be carried carried out; that a disease (b) that disease ofof an infectious infectious or contagious contagious nature, nature, not not mentioned in this mentioned this Act Act is an infectious infectious disease; disease; and and (c) c) any any matter matter which which is necessary necessary or convenient convenient to be prescribed prescribed under this Act. under this Act. Vaccination Vaccination 21.-{ 21.-{l) Any person 1) Any person entering entering Mainland Mainland Tanzania Tanzania shall shall be required required to persons of persons entering or entering produce a yellow produce yellow fever fever certificate certificate of of vaccination vaccination or prophylaxis prophylaxis as living in prescribed in the Fourth prescribed Fourth Schedule, Schedule, provided provided that the person person is not not a resident resident Mainland Mainland of Tanzania of Tanzania Zanzibar. Zanzibar. Tanzania Tanzania person referred (2) A person referred to under under subsection (1) who subsection (l) who does does not not carry carry the certificate shall certificate shall be required required to be vaccinated vaccinated at a fee in a designated designated place at a port place port of of entry. Exemption Exemption shall not

22. A fee shall not be be charged charged to any child child or pregnant pregnant woman woman who who is for for a citizen citizen of of Tanzania Tanzania for any certification certification granted, granted, immunization immunization or payment of payment of .. d . M . I dT . immun- immun- vaccination done vaccmation in am one m Mainland Tanzania. J.anzama. ication or ication vaccination vaccination fees NO. I Public Health 2009 23 23.--(1) 23.--{1) A child child shall shall not not be admitted admitted or allowed allowed to attend attend any Immuni- primary Immuni- any primary zation card zation school until school until there there has has been been produced produced to the person person in charge charge of of that that for school school school an immunization school immunization card card with with respect respect to that that child, child, has been been complied complied children children with. Where the child (2) Where meet such child fails to meet such conditions, conditions, a parent parent or guardian guardian of the of the child child or the the officer officer in charge charge of of the school school shall shall arrange arrange for immediate immunization. immediate immunization. 24.--(1) 24.--{1) The The Authority Authority or any authorized authorized officer officer may, in any occurrence occurrence Emergency Emergency of of of infectious of infectious diseases diseases in any any area area - infectious infectious disease and require any (a) require any person person within within that that area, area, who who has has or is suspected suspected vaccination vaccination to have have been been exposed exposed to to infectious infectious diseases, diseases, to attend attend at health health for risk care facilities care facilities and and undergo undergo medical medical examination, examination, vaccination vaccination population population re-vaccination as circumstances or re-vaccination circumstances may may require, require, (b) by a notice notice in respect respect of of infectious infectious diseases, diseases, publish publish in the the local newspaper local newspaper widely widely circulating circulating in such such area area or posted posted in public places public places or as may may be deemed deemed proper; proper; or (c) require require any any person person in that that area area to furnish furnish satisfactory satisfactory proof, proof, including the including the exhibition exhibition of of vaccination vaccination scars scars or certificate certificate of of vaccination, that vaccination, that he has has been been successfully successfully vaccinated vaccinated within within the specified the specified period period immediately immediately preceding preceding the the date date ofof that that requirement. requirement. (2) Any Any person person who who fails to comply comply with with the provisions provisions of of subsection subsection (1) as regards regards to furnishing furnishing of of proof proof for himself himself or any any child child whom whom he is parent or guardian the parent guardian or refuses refuses to allow allow himself himself or that that child child to be vaccinated, commits vaccinated, commits an offence offence and and upon upon conviction conviction is liable liable to a fine fine not exceeding not exceeding one one hundred hundred thousand thousand shillings shillings or to imprisonment imprisonment for a term of term of three three months months or to both. both. (d) d) Control of of Epidemic, Endemic and Pandemic Diseases Diseases

25. The The provisions provisions of of this this Part Part shall shall apply apply to plague, plague, cholera, cholera, celebral- celebral- Epidemic, Epidemic, spinal meningitis, endemic endemic meningitis, malaria, malaria, schistosomiasis, schistosomiasis, tuberculosis, tuberculosis, dysentery, typhoid, typhoid, and viral hemorrhagic-fevers viral hemorrhagic-fevers and and any other other disease disease which which the the Minister Minister may, may, pandemic pandemic by notice Gazette, declare the Gazette, notice in the declare that that disease disease to be an epidemic, endemic diseases epidemic, endemic pandemic disease or pandemic disease for the the purpose purpose of of this this Act. Act.

26.-(1)

26.-( I) Where Where any any part part of of Mainland Mainland Tanzania Tanzania appears threatened Duties of appears to be threatened the any disease by any disease under under section section 25, an authorized authorized officer officer shall shall report report to the the Authorized Authorized Chief Chief Medical Medical Officer Officer and and the the Authority. Authority. officer to officer 24 N0.1 Public Health 2009 publish orde- publish (2) Subject (2) Subject to subsection subsection (1), (1), the the authorized authoriz.ed officer officermay mayissue issueaanotice notice rs for the the public to the public through through a daily daily widely widely circulating circulatinglocal localnewSPaPer newspaperto declare todeclare control of control that part of that as an infected part as infected area. area. diseases Powers of 27. An authorized 27. authoriz.ed officer officer may may enter enter into into any any premises, premises, aircraft, aircraft, vehicle vehicle entry entry vessel for the or vessel the purpose purpose ofof inspecting, inspecting, executing executing or or suPerintending superintendingthe the performance of performance of functions functions or or the the exercise exercise ofofpowers powers under under this this Act. Act. Notification Notification 28.-{ Any person 28.-{1)1) Any person who who becomes becomes aware aware ofof any any unusual unusual sickness sickness or or of sickness mortality among rats, mice, cats, dogs or other animals susceptible to mortality among rats, mice, cats, dogs or other animals susceptible to or mortality mortality plague or other plague other epidemic, epidemic, endemic endemic oror pandemic pandemic diseases diseases not not caused caused by by in in animals poison or other poison other obvious obvious cause, cause, shall shall immediately immediately report report the the case case to to authorities specified authorities specified under under subsection subsection (1)1) of ofsection section 10. Any person (2) Any person who who fails fails to report report the the case case under under subsection subsection ((1) 1) connnits an offence connnits offence and and uPon upon conviction, conviction, isis liable liable to to a fine fine not not exceeding exceeding one hundred hlllldred thousand thousand shillings shillings to imprisonment imprisonment for for a term term ofoftwo two months months orto both. to both. The The duty of 29. Every Every Regional Regional Medical Medical Officer Officer shall, shall, within within six six hours hours after after th thee receiving the information, Regional receiving information, report report to the the Chief Chief Medical Medical Officer Officer by by the the Regional Medical Medical most most expeditious expeditious means- means- Officer to Officer to (a) the particulars particulars of of every every notification notification received received by by that that authority authority report :~~f:~ation notification of a case case or suspected suspected case case of of any any epidemic epidemic disease; disease; of epidemic of epidemic unusual sickness; (b) unusual sickness; diseases diseases (c) death death of of human human beings; beings; or (d) mortality mortality in animals. animals. (e) Control (e) Control of Mosquitoes. Mosquitoes, Other Diseases Vectors, Vectors, Vermins Vermins and and Any Other Disease Causative Agent Agent Duties Duties ofof 30.-{l) Any 30.-{1) Any occupier occupier or owner owner of any premises premises shall shall keep keep his his premises premises occupiers occupiers free free from breeding sites of mosquitoes, from breeding mosquitoes, other other disease disease vectors, vectors, vermins vermins and owners and owners to to keep keep and other diseases and other diseases causative causative agents. agents. premises premises free free from from (2) (2) Any occupier or owner Any occupier owner of any premises premises who who contravenes contravenes the the breeding breeding provisions of provisions of this this section section commits commits an offence offence and upon upon conviction conviction shall shall sites sites of of mosquitoes mosquitoes be be liable liable to to aa fine fine not exceeding exceeding two hundred hundred thousand thousand shillings shillings or Or to imprisonment for imprisonment for aa term of of six months months or to both. both. .NO.I Public Health 2009 25

31.-(1) water to Duties of collection of water any collection allows any or allows keeps or who keeps person who Every person

31.-(1) Every of bekept be kept in bucket, tank or tub, bucket, barrel, tub, well, barrel, any well, in any =~u:!:~ occupiers ensure and owners shall ensure vessel, shall other vessel, or other same is the same that the that fitted with is fitted sufficient cover. with sufficient cover. keep to keep to vessels vessels intended intended person who Any person (2) Any (2) the provisions contravenes the provisions who contravenes of subsection subsection (1), storage for storage and upon offence and an offence commits an commits not of liable to a fine not shall be. liable conviction shall upon conviction water of water with fitted with exceeding one exceeding term fitted imprisonment for a term or to imprisonment shillings or thousand shillings hundred thousand one hundred sufficient sufficient not exceeding not or to months or two months exceeding two both. to both. cover cover

32.-(1)

32.-(1) The occupier or The occupier cause any shall cause premises shall owner of any premises or owner any Duty of Duty of to be system to drainage system drainage satisfaction pro:ecting inspected to the satisfaction protected or inspected properly protected be properly pro!ecting ooff an ·onze authhonze an aut fn1cer . dd o0ffi . or .In lcer m ordder . prevent th e mgress er to prevent mgress 0 . o f mosqUItoes, mosqmtoes, dramage dram age for systems systems for other disease other disease vectors, agents. causative agents. disease causative other disease vermins or other vectors, vermins occupiers occupiers owners and owners premises of premises of (2)Any (2) Any person person who commits section commits this section of this provisions of contravenes the provisions who contravenes an offence an offence and and on hundred one hundred exceeding one not exceeding conviction is liable to a fine not on conviction thousand shillings. thousand shillings.

33.-(1)1) Where

33.-( Where a mosquito any Destruction on any site on breeding site found in any breeding larvae is found mosquito larvae Destruction mosquito Officer of mosquito of premises premises or or land, land, the Environmental Environmental Health Medical Officer Practitioner, Medical Health Practitioner, larvae larvae or aa person or person duly appointed appointed or authorized authorized in writing writing by Environmental that Environmental by that Health Practitioner Health Practitioner or Medical Officer Medical Officer may may take take immediate immediate to steps to steps destroy such mosquito destroy such mosquito larvae. larvae. (2) The Authority (2) Authority shall shall take take such the prevent the to prevent actions to necessary actions such necessary recurrence of the breeding recurrence breeding site on the the premises premises or render may render which may land which or land the pools pools or collections collections of of water water unfit unfit for for health reasons. health reasons. (3) The (3) The Environmental Environmental Health Health Practitioner Practitioner may may order order the the owner or owner or occupier of occupier of the premises premises to take take the the necessary necessary action action to to prevent settling prevent settling of water of water on the the premises premises in order order to to prevent prevent mosquitoes mosquitoes breeding. breeding.

34. Any

34. Any person person who who - Penalty Penalty forfor refusal toto refusal (a) refuses (a) refuses to carry carry out out an an order order made made under under section section 33; or 33; or carry out carry out an order oror an order (b) obstructs (b) obstructs an an authorized authorized officer officer empowered empowered toto carry carry out the obstruction out the obstruction provisions provisions of ofthis this Act, Act, 26 NO. I Public Health commits an offence cotmnits offence and and shall shall be liable liable on summary summary conviction conviction tc not exceeding not exceeding five hundred hundred thousand thousand shillings shillings or to imprisonmer imprisonmer term term not not exceeding exceeding three three months months or to both. both. (f) Port Health Services Powers of 35.~l) For 35.~1) For the the purposes purposes ofof preventing preventing the the entry entry of of infectit infecti1 Port the Port Health Health co~unicable diseases co~unicable diseases into into Mainland Mainland Tanzania, Tanz.ania, the the Port Port Health Health ( Officer Officer shall have shall have the the powers powers to- to- (a) restrict (a) restrict or prohibit prohibit the the entry entry into into Mainland Tanz.ania, a]1 Mainland Tanzania, other than other than a citizen citizen of of the United United Republic Republic ofTanz.ania Tanzania c from any from any infected infected country; country; prohibit the restrict or prohibit (b) restrict the entry entry into into Mainland Mainland Tanzania, Tanzania , animal, vessel, animal, vessel, aircraft, aircraft, vehicle, vehicle, article, article, food food or thing; thing; require a person (c) require person to undergo undergo medical medical examination, examination, deb: quarantine, disinfection, quarantine, disinfection, vaccination, vaccination, isolation, isolation, ffiI m, surveillance or the surveillance the examination, examination, detection detection or disinfect disinfect such persons, such persons, articles articles or things things entering entering into into the the count count (d) in consultation consultation with with a veterinary veterinary officer officer at the the port port of of deal with deal with the animal animal as he may may deem deem appropriate. appropriate. (2) Where Where there there is a suspected suspected case case of of communicable communicable or infeinfe any aircraft disease on any disease aircraft or vessel vessel or where where a person person has has been been in Ct c, with a case with case of of communicable communicable or infectious infectious disease, disease, the Port Health C Port Health may- may- (a) detain detain that that person person for medical medical examination; examination; require clothes, (b) require clothes, article article or anything anything of of that that person person disinfected; disinfected; c) prevent (c) prevent that that person person from from leaving leaving the the aircraft aircraft or vessel vessel (d) require require the the captain captain of of the the aircraft aircraft or vessel vessel to take take precautionary steps precautionary steps to prevent prevent the the spread spread of of that that communicable or infectious communicable infectious disease; disease; or (e) e) examine examine appropriate appropriate International International Health Health Certificate, Certificate, i and vaccinate and vaccinate that that person person where where the the International International Hea Hea not available. Certificate is not Certificate available. NO. I Public Health 2009 27 (3) A (3) A person person entering entering Mainland Mainland Tanzania Tanzania while while suffering suffering from from infectious or infectious or communicable communicable disease disease or or have have failed failed to to prove prove that that he he had had undergone vaccination shall be vaccinated after the payment undergone vaccination shall be vaccinated after the payment of aa of prescribed fee. prescribed fee. (4) Where (4) Where a person person entering entering Mainland Mainland Tanzania Tanzania isis found found with with communicable communicable or infectious disease refuses to comply infectious disease refuses to comply with with the the requirements requirements ofof subsection subsection (1), 1), he he shall shall be be repatriated repatriated to to his his country country of of origin at his own origin own costs. costs. (5) A person person who contravenes the preceding contravenes the preceding provisions provisions ofofthis this section section commits commits an offence offence and shall shall on conviction conviction be be liable liable to to aa fine fine not not exceeding exceeding five million million shillings shillings or to imprisonment imprisonment to to a term term not not exceeding exceeding twelve twelve months months or to both. both.

36. Every Port

36. Every Port Manager Manager or any person person acting acting on on his his behalf behalf shall shall Health Health ensure require- require- there is availability ensure there availability of - ment ment (a) sufficient supply (a) sufficient supply of potable potable water; water; (b) (b) means of disposal means of disposal of waste; waste; ((c) c) storage facilities specifically storage facilities specifically for perishable perishable goods; goods; ((d) d) sufficient sufficient toilets toilets for make make and female; female; ((e) e) sufficient sufficient methods methods for the control control of of disease disease vectors vectors and and vermins infestation; vermins infestation; and (t) (1) provision provision of health care of health care facilities. facilities. 37

37.-(1) A person shall A person shall not discharge into waters not discharge waters of of the seaport, seaport, lake lake Prohibition Prohibition port port or or river river port, port, anyany oil, grease, ballast, oil, grease, ballast, waste, waste, sewage sewage or any any other other to pollute pollute substance substance likely likely to pollute the to pollute the water water oror the coastline coastline which which may may be be !~: ~~~ of of detrimental to detrimental navigation or to navigation or cause cause any any inconvenience inconvenience to the shipping shipping industry, industry, aquatic aquatic lifelife and recreational activities and recreational activities which which may may create create any any health health hazard hazard toto the the public. public. (2) (2) Any Any person person who who contravenes contravenes thethe provisions provisions of subsection subsection (1) commits commits an an offence offence and and shall, shall, upon upon conviction conviction be be liable liable to a fine of of not not less less than than one one million million shillings shillings or or imprisonment imprisonment forfor aa term term not exceeding exceeding one one year year or or to to both. both.

38.-(l)A

38.-(I)A person person shall shall not not dump dump oror discharge discharge or or cause cause to be dumped dumped Prohibition Prohibition to dump or or discharged discharged any any waste, waste, either either solid solid or or liquid liquid or or any any other substance to other substance dump waste waste 28 NO. I Public Health 2009 within the land within pollution into the land cause pollution to cause likely to or likely cause or may cause which may which the port area. defined port defined area. (2) Any (2) person who Any person provisions of contravenes the provisions who contravenes 1) subsection ((1) of subsection commits an commits offence and shall, an offence and shall, upon conviction conviction be liable liable to a fine of not fine of not than one less than less term not imprisonment for a term shillings or imprisonment million shillings one million exceeding not exceeding to both. or to year or one year one both. Powers of Powers of 39. there is Where there

39. Where Officer Health Officer Port Health health, the Port public health, danger to public is aa danger the Port the Port Health may, in may, of detention of the detention order the authorities, order related authorities, other related with other consultation with in consultation Health Officer to Officer to maintenance or goods, maintenance storage, goods, cargo, storage, animals, cargo, passengers animals, passengers of cessation of or cessation interfere interfere at any port or section with any any other operations other operations at port section with port port Inspection Inspection 40.-{1) The Port

40.-(1) time- any time- may at any Officer may Health Officer Port Health of vessels of vessels that in that anything in or anything part or any part inspect any vessel and inspect board any vessel (a) board (a) vessel; vessel; (b) and board; and on board; animal on any animal and any person and examine any person medically examine (b) medically (c) require purposes thepurposes for the question for any question respond to any person to respond require any person recently has recently or has exists or infection exists not infection or not whether or ascertaining whether of ascertaining existed existed on such vessel. such vessel. (2) The The Master Master of shall - ship shall- incoming ship of an incoming (a) fly or show show appropriate International the International inthe downin laid down as laid signals as appropriate signals Code of Signals; Code of Signals; (b) continue has ship has the ship until the signals until appropriate signals show appropriate or show continue to fly or been cleared by the been cleared by the Port Port Health Health Officer; Officer; (c) complete complete the the Maritime outinin setout Formset HealthForm ofHealth Declaration of Maritime Declaration the Fifth Schedule to this Act; the Fifth Schedule to this Act; (d) report report any any case case of of anan infectious infectious oror communicable disease communicable disease where where the the ship ship is is in in port port and and the the complete the shall complete Master shall the Master Maritime Maritime Declaration Declaration of ofHealth HealthForm Formexcept sickness wheresickness exceptwhere occurs occurs within within four four weeks weeks ofofthat that declaration; declaration; (e) e) prohibit prohibit anyone anyone from from leaving leavingthe the ship shipuntil untilitithas cleared beencleared hasbeen by a Port Health Officer; by Port Health Officer; NO.I Public Health 2009 29 (f) produce produce a valid valid Ship Sanitation Sanitation Control Control Exemption Exemption Certificate Certificate valid ship Sanitation or a valid Sanitation Control Control Certificate Certificate in the prescribed prescribed out in the Sixth form as set out Sixth Schedule Schedule to this this Act; Act; where a Ship (g) where Ship Sanitation Sanitation Control Control Certificate Certificate has expired expired or there is evidence there evidence ofof presence presence of of rats rats on-board, on-board, arrange arrange for renewal after its renewal after deratting deratting measures measures have have been been carried carried out out to satisfaction of the satisfaction of the Port Port Heath Heath Officer. Officer. Where the Port (3) Where Port Health Health Officer Officer is satisfied satisfied that that - communicable or infectious (a) a communicable infectious disease disease is not not on board; board; responses on the Maritime (b) the responses Maritime Declaration of Health Declaration of Health Form Form negative; are negative; Ship Sanitation (c) the Ship Sanitation Control Control Certificate Certificate or Ship Ship Sanitation Sanitation Control Exemption Control Exemption Certificate Certificate is valid; valid; and (d) there there is no other other reason reason for the ship ship to be further further inspected, inspected, shall grant he shall grant certificate certificate for free free pratique allow the ship pratique and allow ship to enter enter port as prescribed the port prescribed in the the Seventh Seventh Schedule Schedule to this this Act. Act. Master under (4) The Master under subsection subsection (2) shall shall be required required to complete complete Ship Cargo the Ship Cargo Manifest Manifest Form Form set out in the Eighth Eighth Schedule Schedule to this this Act. Act.

41.-(1) The

41.-(1) The Port Port Health Health Officer Officer may may at any time time - Inspection Inspection aircraft of aircraft board any aircraft (a) board aircraft and inspect inspect any part part or anything anything in that that aircraft; aircraft; medically examine (b) medically examine any person person on-board; on-board; and (c) require require any person person present present in that that aircraft aircraft to respond respond to any question for the purposes question purposes ofof ascertaining ascertaining whether whether or notnot infection exists infection exists or has recently recently existed existed on such such aircraft. aircraft. The captain (2) The captain of of any aircraft aircraft shall shall be required required to complete complete the the Aircraft Passenger Aircraft Passenger Manifest Manifest Form Form or Aircraft Aircraft Cargo Cargo Manifest Manifest Form Form set the Nineth out in the Nineth and Tenth Tenth Schedule Schedule to this this Act Act respectively. respectively. The owner

42. The owner of of the vessel vessel or aircraft aircraft or his agent agent shall shall be required required Inspection Inspection fee pay an inspection to pay inspection fee or other other fees as may may be prescribed prescribed by thethe fee Minister. Minister. 30 NO. I Public Health 2009 Prohibi- Prohibi- 43. Except

43. Except inin the the case case of ofdanger, danger, the the Master Master of ofaa vessel vessel arriving arrivingatat tion of tion of communi- any port or place in the country and a any port or place in the country and a person onperson onboard boardthe thevessel, vessel,shall shall communi- cation cation not communicate not communicate or or attempt attemptto to communicate communicatewith withthe theshore shoreororany anyother other between between vessel, other other than than byby signal, signal, until until aa certificate vessels vessel, certificate for forJree freepratique pratiquehas hasbeen been vessels and and shore prior shore prior granted to that granted that vessel vessel inin accordance accordance withwith the theprovisions provisionsof ofthis thisAct Actand and to to the the any other other relevant relevant laws. laws. granting granting ofof aa certificate certificate for for free free pratique pratique Offences Offences Subject to sections

44. Subject sections 40, 40, 41 and and 43, 43, any any person person who who -- and and penalties penalties refuses to allow (a) refuses allow a Port Port Health Health Officer Officer to to board board any any vessel vessel for purposes purposes of ofperforming performing inspection inspection or ormedical medical examination; examination; (b) obstructs obstructs or hinders hinders a Port Port Health Health Officer Officer in inthe the execution executionof of his duty; or ((c) fails fails or refuses refuses to give give any any information information which which he he may may have have oror gives Port Health gives that Port Health Officer information knowing it to Officer information knowing it to be be false or misleading, misleading, commits an commits offence and shall an offence shall on conviction conviction bebe liable liable to to aa fme fine not not exceeding exceeding ten million shillings. ten million shillings. Powers Powers of of 45.

45. Where Where aa person person is arriving arriving from an infected infected area area of internationallylly ofintemationa Port Port Health Health Officer Officer inin notifiable notifiable disease, disease, the the Port Port Health Officer rnay- Health Officer may- respect respect ofof ((a) a) place place that that person person under under medical medical surveillance; surveillance; and and medical medical (b) transfer that (b) transfer that infected infected person to a hospital or c~tre and surveillance surveillance person hospital or c~tre and detain detain him for him for treatment. treatment. Measures Measures 46.

46. The The Port Port Health Health Officer Officer may, upon upon arrival arrival of- of- for for vessel, vessel, vehicles, vehicles, ((a) any vessel, a) any vessel, train, train, aircraft, aircraft, vehicle, vehicle, train train or or any any other other article article or or trains, trains, aircrafts, aircrafts, thing from thing from infected area or infected area or suspected suspected to be from that be from that infected infected etc. etc. from from area; or area; or infected infected area area (b) (b) any any vessel, vessel, aircraft, aircraft, vehicle, vehicle, train train or or any other other article article or or thing thing which has during the voyage been in transit in an which has during the voyage been in transit in an infected infected area with area with plague, plague, cholera, cholera, yellow yellow fever fever oror any any other other communicable communicable or or infectious infectious disease, disease, NO. I Public Health 2009 31 order the order implementation of the implementation measures to the measures ofthe deal with that to deal vehicle, vessel, vehicle, that vessel, train,aircraft train, aircraft or orany in accordance thing in or thing article or other article anyother with accordance with the provisions provisions of this of this Act. Act.

47.-(1) ~ere 47.--{1) person on ~ere aaperson of any board of on board aircraft Medical vehicle, aircraft train, vehicle, vessel, train, any vessel, Medical other article any other or any or or thing is believed to have been recently article or thing is believed to have been recently exposedexposed to surveillance surveillance anyinfection any may be and may infection and infectious notifiable infectious stage of any notifiable incubation stage the incubation in the be in disease, the disease, Port Health the Port Officer may Health Officer person to - that person require that may require remain on (a) remain (a) of that board of on board other any other vehicle, any aircraft, vehicle, vessel, aircraft, that vessel, or thing article or article alternatively; or thing alternatively; (b) land (b) land and and proceed report and report destination and of destination place of direct to his place proceed direct him to the Medical him to the Medical Officer Officer of Health Health or District District Medical Medical Officer for medical Officer for of Officer of Medical Officer that Medical surveillance by that medical surveillance Health Health or or District is person is that person until that Officer until Medical Officer District Medical considered free from infection. considered infection. (2) Where (2) Where aa person person is placed placed under under surveillance cholera, or cholera, plague or surveillance for plague th~ period th~ shall start period shall from the date of start from of his leaving area. infected area. leaving the infected (3) A (3) A person person from an infected infected area unable to who is unable and who area and produce aa to produce valid certificate valid of vaccination certificate of vaccination against against yellow yellow fever infectious other infectious any other or any fever or or communicable disease or communicable disease shall shall be isolated until isolated until his his certificate certificate becomes becomes valid or valid or until until a period period of of not not more more than whichever elapsed, whichever has elapsed, days has than six days occurs occurs first. (4) A person person placed placed under under surveillance surveillance shall- shall- (a) be subjected subjected to a medical medical examination examination as requiredby maybebe required as may by the Medical Medical Officer Officer of of Health Health or or District Officer; Medical Officer; District Medical and (b) co-operate co-operate with with the the Medical Medical Officer Officer of of Health Health or or District District Medical Officer. Medical Officer. (5) Where Where a person person under under surveillance surveillance moves moves to to an an address address different different from the address from the address given given when when placed placed under under surveillance, surveillance, he he shall shall inform inform the Medical Officer of Health or District Medical Officer of his new the Medical Officer of Health or District Medical Officer of his new address. address.

48.-(1) Outward Outward 48.--{1) Subject Subject to to the the International International Health HealthRegulations, Regulations, 2005, 2005,aaPort Port vessels, vessels, Health Health Officer Officer may may examine examine all all persons persons embarking embarkingon onan anoutward outwardaircraft, aircraft, vehicles vehicles and and 32 NO. l Public Health 2009 aircrafts, aircrafts, vessel, vehicle, vessel, vehicle, train train and and any any other other article article or or thing thing ifif he he suspects suspects anyany trains, trains, etc. from person to person· suffering from to be suffering from a disease disease and and may may prohibit prohibit that that person, person, infected infected article or thing article thing from from getting getting out out of of the the aircraft, aircraft, vessel, vessel, vehicle, vehicle, train train or or area any other any other article article oror thing. thing. person who (2) A person who is already already under under surveillance surveillance may may be be allowed allowed to to proceed with proceed with the the journey journey after after the the examination examination has has been carried out. been carried out. Powers of Where any

49. Where any area area of of the the Mainland Mainland Tanzania Tanzania is is declared declared to to be be an an Port Port infected area, infected area, the the Port Port Health Health Officer Officer - Health Health Officer Officer where (a) shall shall demand demand a valid valid International International Vaccination Vaccination Certificate Certificate Mainland Mainland against specified against specified disease disease from from embarking embarking passengers passengers or or crew crew Tanzania is against specified against specified disease; disease; declared declared an infected infected may examine (b) may examine embarking embarking passengers passengers or or crew; crew; area area (c) may may demand demand for the the disinfection disinfection of of a vessel, vessel, train, train, vehicle, vehicle, aircraft or any aircraft any other other article, article, thing thing or any any of of its its part; part; (d) may inspect inspect beddings, beddings, clothing clothing or or any any other other article article or or thing, thing, where plague where plague is suspected, suspected, and and order order for for the the disinfection disinfection and and disinfestations; and disinfestations; (e) shall prohibit prohibit a suspected suspected article article or or thing thing to be be taken taken on on board board to prevent prevent further further infection. infection. Powers Powers to to SO. SO. The The Port Health Officer Port Health Officer shall shall have have powers powers inin respect respect ofof inspect inspect passengers passengers passengers traveling passengers traveling on land land to - traveling traveling (a) inspect any passenger, (a) inspect passenger, train train or vehicle vehicle or any any other other article article or or by land by land thing; tlring; (b) examine examine suspected suspected cases cases of of communicable communicable or or infectious infectious diseases; diseases; ((c) detain detain cases or suspected suspected cases of of communicable communicable or infections infections disease for further disease further examination, examination, and and may may order order for for the the · disinfection disinfection or disinfestations disinfestations of of clothes, clothes, baggages baggages and and vehicles, any vehicles, any article or thing; article or thing; ((d) d) require require the person person in-charge in-charge of a vehicle vehicle or train train to give give that that Port Health Officer Port Health Officer every every assistance, assistance, and and shall shall require require that that person to take all necessary person necessary steps steps to prevent prevent the spread spread of of infectious or infectious or communicable communicable diseases; diseases; NO. I Public Health 2009 33 Mainland outside Mainland or train from outside vehicle or of aa vehicle arrival of upon arrival where upon e) where ((e) Tanzania on Tanzania death has which aa death on which than by an other than place other taken place has taken accident or accident or the vehicle or the vehicle infected come from an infected train has come or train detain the area, detain area, vehicle or the vehicle further passengers for further train and passengers or train examination; examination; (f) train or vehicle, train where aa vehicle, (f) where from an arrived from passenger has arrived or passenger infected area, infected under passenger under train or passenger vehicle, train place that vehicle, area, place surveillance; surveillance;and and infected travelled from an infected passenger travelled vehicle, train or passenger where aa vehicle, (g) where (g) area, ensure area, ensure sanitary sanitary measures measures are carried carried out in accordance accordance with the with Regulations. Health Regulations. International Health the International

51.-(1) Any used 51.-{1) subjected to an Inspection shall be subjected wears shall clothes or foot wears used clothes Inspection of imported inspection and upon inspection and upon compliance compliance with with the required required standards, granted of be granted standards, be IdomPlorthted clothes used co aa Health Certificate for Health Certificate or Foot Wears Clothes Foot Wears Used Clothes Imported Used for Imported as set out set out or foot foot in the in the Eleventh Eleventh Schedule Schedule to this Act. wears wears (2) The (2) of importantion of prescribing importantion regulations prescribing make regulations Minister may make The Minister used clothes, used footwear and the like. clothes, footwear PART IV HYGIENE HOUSING AND HYGIENE SANTIATION, HOUSING SANTIATION, (a) Nuisance (a)

52. For the purposes 52. ofthis purposes of this Part, nuisance" Author ofnuisance" "author of expression "author Part, the expression Author ofof nuisance nuisance means a person means person by whose whose act, default or suffering default or suffering causes causes nuisance nuisance to to exist or continue exist continue to exist exist whether other any other as any or as occupier or owner, occupier whether as the owner, person. person.

53. For For the purposes purposes of of this this Part, Part, "nuisance" following- Contents the following- includes the "nuisance" includes Contents of of (a) any vehicle vehicle which which is in such a state state or or condition be injurious, to be condition to injurious, nuisance nuisance hazardous or dangerous hazardous dangerous to health; health; (b) any building building or premises premises or its part part which which is is under under construction construction or in a dirtiness dirtiness state, state, verminous verminous oror damp damp as as likely likely to be to be injurious, hazardous injurious, hazardous oror dangerous dangerous to to health which is or which health or liable is liable to favour favour the the spread spread of of any any infectious disease; infectious disease; (c) any street, c) any street, road road or or part, part, stream, stream, pool, water gutter, water ditch, gutter, pool, ditch, course, sink, course, sink, water water tank, tank, cistern, cistern, water water closet, closet, earth earth closet, closet, privy, privy, urinal, urinal, cesspool, cesspool, soak soak away away pit, pit, septic septic tank, tank, cesspit, cesspit, soil soil pipe, pipe, water water pipe, pipe, drain, drain, sewer, sewer, garbage receptacle, garbage receptacle, dustbin, dustbin, dung dung pit, pit, refuse refuse pit, pit, latrine, latrine, slop slop tank, tank, ash-pit ash-pit or or 34 N0.1 Public Health 2009 manure heap, manure heap, so foul foul or or in in a state, state, situated situated or or constructed constructed to be as to be offensive offensive or or likely likely to to be be injurious injurious or or dangerous dangerous to to health; health; any growth (d) any growth of of weeds, weeds, long long grass, grass, trees, trees, under under growth, growth, hedge, bush hedge, bush or or vegetation vegetation of of any any kind kind which which is is injurious, injurious, hazardous or hazardous or dangerous dangerous to health health and and any any vegetable vegetable that that is is itself is dangerous in itself dangerous to children children or or others others either either byby its its sewage effluent sewage effluent or or through through its its leaves, leaves, seeds, seeds, fruits fruits or or any any of the of the eaten eaten part; part; any well, (e) any well, other other source source of of water water supply, supply, any any cistern cistern or or other other receptacle for receptacle for water, water, whether whether public public or or private, private, the the water water used or likely used likely to be used used for human human consumption consumption or or in in connection with connection with any any dairy dairy or or milk milk products products shop shop oror manufacturing manufacturing or preparation preparation ofof any any article article of of food food intended for human intended human consumption consumption which which is in a condition condition liable to render liable render such such water water injurious, injurious, hazardous hazardous or or dangerous to health; dangerous health; (f) any noxious noxious matter matter or waste waste water water flowing flowing or discharged discharged from any premises, from premises, wherever wherever situated, situated, into into any any public public street, gutter, street, gutter, side side channel channel of of any any street, street, any any gulley, gulley, swamp, swamp, watercourse, irrigation watercourse, irrigation channel channel or its bed bed not not approved approved for reception of reception of such such discharge; discharge; (g) any collection collection of of water, water, sewage, sewage, rubbish, rubbish, refuse refuse oror other other fluid or solid fluid solid substances substances which which permit permit or facilitate facilitate the the breeding breeding or multiplication multiplication of of animal animal or vegetative vegetative parasites parasites human being of human being or domestic domestic animals animals or of of insects insects oror other other agents, which agents, which are known known to carry carry such such parasites parasites or or which which may may otherwise otherwise cause cause or facilitate facilitate the infection infection to domestic domestic animals; animals; (h) any collection collection of of water water of of any well, well, pool, pool, gutter, gutter, channel, channel, depression, excavation, depression, excavation, barrel, barrel, tub, tub, bucket bucket or any any other other article found article found to contain contain any mosquitoes mosquitoes larvae; larvae; (i) (i) any cesspit, cesspit, latrine, latrine, urinal, urinal, dung-pit dung-pit found found to contain contain any mosquitoes larvae; mosquitoes larvae; (j) any stable, stable, cow shed or other other building building or premises premises used used for keeping of animals keeping animals or birds birds which which is constructed, constructed, situated, situated, NO. I Public Health 2009 35 kept as usedororkept used offensive or beoffensive astotobe which is or which is injurious, injurious, hazardous or hazardous dangerous to ordangerous tohealth; health; kept as so kept animal so other animal any other or any cat or dog, cat stray dog, anystray (k) any (k) to be as to be injurious or offensive, injurious offensive, dangerous to ordangerous to health; health; anyaccumula (1)(1) any tion or accumulation or other manure or offal, manure refuse, offal, of refuse, deposit of ordeposit other offensive or is offensive which is whatsoeverr which matter whatsoeve matter hazardous injurious, hazardous or injurious, to health; dangerous to ordangerous or health; anyaccumula (m)any (m) tion of accumulation of stones, timber or stones, timber any of any materials of other materials or other is likely where itit is nature where nature to harbour rats likely to harbour rats or other vermins; other vermins; (n) any (n) building or any building which is overcrow premises which or premises overcrowded ded as to be as to be injurious, hazardous or dangerous injurious, hazardous or dangerous to the health health of of the the inmates inmates defective in or defective dilapidatedd or orisisdilapidate or ventilation or lighting or ventilation in its lighting is or ititis or is with or provided with not provided not cannot be that itit cannot place that situated in a place is situated be provided with sanitary accommo provided with sanitary dation accommodation to the the satisfactio satisfaction n of of an authorized an officer; authorized officer; ((0) any building o) any building which which is to asto kept as or kept used or constructed,d, used situated, constructe is situated, be unsafe, be unsafe, injurious, dangerous to hazardous or dangerous injurious, hazardous health; to health; (P) any (p) any factory factory oror trade trade premises condition or dirty condition premises in a dirty with or with offensive smell offensive smell arising closet, water closet, privy, water drain, privy, any drain, arising from any earth closet or urinal, not ventilated earth closet urinal, not ventilated so so as as to to destroy destroy or or render render harmless inoffensive e as far harmless and inoffensiv gases, any gases, practicable, any as practicable, far as vapours, dust vapours, dust or other other impurities overcrowded,ed, generated, overcrowd impurities generated, badly lighted or ventilated badly lighted or ventilated as as to to be be injurious, injurious, hazardous oror hazardous dangerous s to dangerou to the the health health of of those those employed employed by its or its by itit or community; communit y; ((q) any factory q) any factory or or trade trade premises premises causing causing or orgiving smell risetotosmell givingrise or sewage effluents which or sewage effluents which is is injurious, injurious,hazardous hazardous or ordangerous dangerous to health; to health; (r) any (r) any area area ofland ofland kept kept or or permitted permittedtotoremain remainininan anoffensive offensive state or likely to cause any infectious, communicable state or likely to cause any infectious, communic able disease, disease, injury, injury, hazard hazard or ordanger dangertotohealth; health; (s) any (s) any cemetery, cemetery, burial burial place, crematorium place, crematori umororother placeofof otherplace sepulchre situated, crowded or otherwise sepulchre situated , crowded or otherwise conducted conducted asastoto be offensive, injurious, hazardous or dangerous to health; be offensive, injurious, hazardous or dangerous to health; 36 NO. I Public Health 2009 (t) any (t) anygutter, gutter,drain, drain,chute, chute,stack stackpipe, pipe,down downspout, spout, water water tank tank or cister n which by reason of or cistern which by reason of itsits insuff icienc y insufficiency oror itsits defect ivecondition defective condit ioncauses causesdampness dampnessininany any building; building; (u) any (u) anydeposit depos itofofmaterial materialon onany anybuilding buildi ngororlane lanewhich which cause s damp causes damp ininsuch suchplace placesosoasastotobebeinjurious, injurio us,hazardous hazard ous or dange or roustotohealth; dangerous health; (v) any (v) any dwelli dwellingnghouse, house,public public buildi ng,trade building, trade premi premises,ses,workshop workshop or factor y provid ed with insuff icient sanita rylatrines or factory provided with insufficient sanitary latrine soror with with latrines which latrines whicharearein insuch suchaastate stateasastotobebeinjurious, injurious,hazardous hazardous or dangerous to or dangerous topublic publichealth healthandandsafety; safety;andand (w) (w) any noise likely any noise likely toto be be dange rous, hazard dangerous, hazardousousororinjurious injurio ustoto health and health and which which isis made made bybyaaperson perso nororgroup groupofofpersons, person s, wheth whether er originating originating from fromaadancing dancin ghall, hall,club, club,bar, restaurant, bar, restau rant, hotel, social hall, hotel, social hall, theatre, theatre, playgr playground, dwellingnghouse, ound, dwelli house,premises premises or not, made or not, made irresp ective of irrespective ofmusical musicalinstrument instru mentororanyanyother other source source.. Prohibi tion ofProhibition 54.

54. AA perso personn shall shall not cause cause oror suffer suffer from from aa nuisance, nuisan ce,likely likelytotobebe ofnuisanc e nuisance injurio us or injurious or dange rous to health, dangerous health, existing existin g on any land, premi ses,air on any land, premises, airoror water. water. Duty Dutyofofthe 55.-( Author the 55.-(1) Every Every Autho Authority rity shall have the shall have the duty duty to- to- ity Authority Duties Dutiestoto ( a) (a) take take neces maintai sary practi necessary practicable cable measures meas ures for for keeping keepi ng and and n maintain cleanlin ess cleanliness maint maintaining its area aining its area to to be be in in aa clean clean and and sanita rycondition; sanitary condit ion; and andpreven preven Notice Noticeofof (b) (b) preven prevent and andremed remedy the the cause cause and and occurr occurrence ence of ofany anynuisance nuisan ce abatem ent abatement likely to be injurious, hazardous or dange rous to health; likely to be injurious, hazardous or dangerous to health; ofof ( c) (c) take takelegal legal procee proceedings and act dings and act agains against t any any person perso n causing causin gor nuisanc es nuisances or responsible respon forthe sible for the contin continuance of any uance of any nuisan nuisance ce or or condition; condition; (d)regula (d) regularly inspect its rly inspec itsarea area by by using using the the Envir Environmental onmen tal Health Healt h Practitioners; Practi tioners; (e) detect (e) detect wheth whether ornot er or not aanuisan nuisance is likely ce is likely to to occur, recur or occur, recur or exist; exist; (f)(f) detect detectthe thecause cause of ofsuch such nuisan nuisance; ce; (g)(g)make makefollow followupupon onimple implementation of measures ordered to menta tion of measu res ordere d to abatenuisan abate nuisance; ce; N0.1 Public Health 2009 37 make an order (h) make order for temporary temporary or permanent permanent c10sme closme of of activities activities causing that causing that nuisance; nuisance; (i) prevent prevent over over crowding; crowding; prevent illegal (j) prevent illegal construction, construction, condition condition or manner manner of of any factory factory trade premises; or trade premises; and and take proceedings (k) take proceedings against against any any person person causing causing or responsible responsible the continuance for the of such continuance of such condition. condition. Environmental Health (2) An Environmental Health Practitioner Practitioner may may take take samples samples as it may be necessary necessary or expedient expedient for the better better carrying carrying out ofthe out of the provisions provisions and objectives and objectives of of this this Act. Act. authorized officer S6. An authorized 56. officer may may enter enter upon upon any building building or premises premises Examination Examination purpose of for the purpose of examining examining a nuisance nuisance which which he reasonably reasonably suspects, suspects, ofbuildi~g ofbuildi~g .. . premises or premIses such works to do such works as may may be necessary necessary for the effectual effectual exannnatlon exammatlon ofof building or premises. the building premises. Whenever a nuisance S7.-(1) Whenever

57.-(1) nuisance exists exists or has has existed existed on anyany land land or Notice Notice to premises and premises and is likely likely to recm recur whether whether on that that land, land, air, premises, premises, water water abfate~ent abrate~ent or on any other 1an d or prennses. h Ath· th prennses t e Au onty . th onty or t e aut h ' aut onze. d ffi onze 0o lcerteer o0 nuisance nUIsance may serve may serve a notice notice on the person person by whose whose act, default default or sufferance sufferance nuisance exists the nuisance exists or is likely likely to recur. Where a person (2) Where person under under subsection subsection (1) 1) cannot cannot be found, found, the notice notice shall be served shall the occupier served on the occupier of of such such land land or premises premises provided provided that that - where the (a) where the nuisance nuisance arises arises from from any any want defect of want or defect of a structural character structural character or when when the premises premises are unoccupied unoccupied notice shall the notice shall be served served on the the owner; owner; where the land (b) where land or premises premises is occupied occupied by more more than than one one person the notice person notice may be served served on the owner owner of of such such land land premises; or premises; where the person (c) where person causing causing the nuisance nuisance cannot cannot be found found and and clear that it is clear that the nuisance nuisance does not not exist act or default exist by the act default sufferance of or sufferance of the owner owner or occupier occupier of of the the premises, premises, the the authority may authority may abate abate the the same same and do what what is necessary necessary to prevent the recurrence prevent recurrence thereof. thereof. (3) The notice issued under subsection (1) may - 38 N0.1 Public Health 2009 abate the (a) abate (a) the notice; specified in the within the time specified nuisance within the nuisance notice; (b) execute such (b) execute nuisance; the nuisance; prevent the necessary to prevent work as is necessary such work the for the executed for works to be executed specification of any works contain a specification ((c) contain recurrence. preventing its recurrence. nuisance or preventing abating the nuisance purpose of abating purpose (4) and section and this section under this person under served to any person notice is served Where aa notice (4) Where negligence of culpable negligence willful or culpable arose from willful nuisance arose whether the nuisance whether such of such person or not, such person or requisitions with the requisitions complying with person makes default in complying such person of the of offence. commits an offence. person commits that person period, that specified period, within specified notice within the notice Service of Service of mode of

58. The mode documents other documents and other orders and notices, orders of notices, service of of service notices, notices, orders and and the or the Act or Procedure Act Civil Procedure the Civil under the issued under notices issued similar to notices shall be similar shall orders other other laws. government laws. local government documents documents Cap. 33 Cap. 33 Power of Power of 59. Where such as to exist is such proved to exist nuisance proved Where the nuisance building render a building to render closure closure unfit unfit for human habitation human habitation or any premises premises which which is hazardous, hazardous, injurious injurious order closing order issue a closing shall issue authority shall the authority health, the human health, dangerous to human or dangerous until he premises until building or premises that building of that use of the use prohibiting the prohibiting that satisfied that is satisfied he is the building building or premises for premises is fit for human human habitation. habitation. Failure to 60.-{1) Where 60.-{l) notice to whom a notice person on whom Where a person nuisance has abate a nuisance to abate has comply comply specified in the been served fails been served fails to comply comply with with any any of of the the requirements requirements specified in the with the require- require- notice within notice within the the time time specified the in the abated, in though abated, nuisance though the nuisance if the or if specified or ments of opinion of opinion of the the Authority recur on likely to recur Authority is likely premises or same premises the same on the land, or land, the notice notice made be made to be the Authority the Authority may may cause nuisance to that nuisance to that relating to complaint relating cause a complaint before a court. before court. (2) Where Where a court court is satisfied exists or nuisance exists alleged nuisance the alleged that the satisfied that or although abated although abated is likely likely to to recur make may make court may the court premises, the the premises, on the recur on an order order to the the author author ofof the the nuisance, owner of the owner or the occupier or nuisance, occupier the of the building building or premises premises as to- him to- requiring him be, requiring may be, case may the case as the (a) a) comply comply with with all all or or part part of requirements of the requirements of the notice; the notice; ofthe (b) abate abate the the nuisance to andto order and the order in the specified in time specified within a time nuisance within do necessary necessary works and effect; and that effect; to that works to (c) c) prohibit prohibit the the recurrence execution theexecution directthe and direct nuisanceand thenuisance ofthe recurrence of of of the the works works necessary recurrence. the recurrence. prevent the to prevent necessary to N0.1 Public Health 2009 39 (3) Before Before making making any order, order, the the court court may, if if it thinks thinks fit, adjourn adjourn the the hearing or further hearing further hearing hearing of ofthe complaint complaint until an inspection, inspection, investigation investigation or analysis analysis in respect respect of of the the nuisance nuisance alleged alleged has has been been made made byby an Environmental Health Environmental Health Practitioner. Practitioner. (4) The The court court shall, on conviction, conviction, order order or impose impose a fine not not exceeding exceeding five million million shillings shillings or to imprisonment imprisonment for a term term not not exceeding exceeding twelve twelve months and the months the payment payment of of costs costs incurred. incurred. (5) Where Where the the nuisance nuisance proved proved to exist exist is such such as to render render a building building premises unfit or premises unfit for human habitation, the court may issue closing human habitation, the court may issue a closing order prohibiting order prohibiting the the use of the building use of building or premises premises until until the the building building or premises premises is fit. (6) Where Where a person person has has complied complied with with the the order order of of the the court court that that person may person may make make an application application to the the court court seeking seeking termination ofthe termination of the closing closing order order and and be permitted permitted to use use the the building building or premises. premises. (7) Where Where the the court court is satisfied satisfied that that the building building or premises premises has has been been rendered fit for human rendered human habitation, habitation, the the court court may may terminate terminate the the closing closing order and allow order allow the of that the use of that building building or premises. premises.

61.-(1) A person

61.-(1) person who who fails fails to obey obey an order order issued issued byby the the court court or to Penalties Penalties comply with comply with the the requirements requirements of of an Authority Authority or of of an authorized authorized officer officer relating relating to prevent the stop or prevent to stop the nuisance nuisance shall, shall, unless unless he satisfies satisfies the the court court that that he nuisance nuisance has used has used due due diligence diligence to carry carry out out that that order, order, be liable liable to a fine fine not not exceeding one million exceeding million shillings shillings or to imprisonment imprisonment for a term term not not exceeding exceeding three months three months or to both. both. person who (2) A person who fails fails to comply comply with with a court court order order issued issued under under section section 60 commits commits an offence and shall upon conviction offence and shall upon conviction be liable to a liable not exceeding fine not exceeding one million million shillings shillings or to imprisonment imprisonment for a termterm not not exceeding twelve exceeding twelve months months or to both, both, such such fme fine and imprisonment. imprisonment. The authorized (3) The authorized officer officer may may in such such a case case enter enter the the building building or premises to which premises which that that order order relates relates and and abate abate the the nuisance nuisance andand do whatever necessary whatever necessary in the the execution execution ofof such such order order and and recover recover in any any court of court of competent competent jurisdiction jurisdiction the the expenses expenses incurred. incurred. (4) Any Any person person who who willfully willfully obstructs obstructs an Environmental Environmental Health Health Practitioner or any officer Practitioner officer appointed appointed and and authorized authorized in writing writing in the the 40 NO. I Public Health 2009 executionof execution ofthat thatofficer's officer'sduties dutiescommits commitsananoffence offenceand andupon uponCOJ1viction, co,nviction, is liable to a fine not exceeding one million shillings is liable to a fme not exceeding one million shillings orortotoimprisonment imprisonment for aa term for term not not exceeding exceedingsix sixmonths monthsorortotoboth. both. Court order Court order 62.-(1) Where

62.-(1) Whereititappears appearstotothe thesatisfaction satisfactionofofthe thecourt courthat thathe theperson person for for execution by whose act or omission by whose act or omission the the nuisance nuisance arises arises ororthat thatthe theowner owneroror execution of of works works in in occupier of occupier of the the building building oror land land premises premisesisisnot notknown knownororcannot cannotbebe certain found, the court may order the Authority certain cases to execute found, the court may order the Authority to execute the theworks worksdirected. directed. cases (2) The (2) The cost cost of of executing executing the the works works under under subsection subsection(1)(1)shall shallbebe charged on charged on the the author author of ofthe thenuisance, nuisance,owner ownerororoccupier occupierofofthe building, the building, premises premises or land on or land on which which the the nuisance nuisanceexists. exists. (3) The balance (3) The balance remaining remaining after afterrecovery recoveryof ofthe thecosts costsincurred incurredshall, shall, if any, be credited if any, be credited to the Governme the Governmentnt Revenue RevenueFund. Fund. Overcro- 63.-(1)

63.-( I) A person person shall shall not not at at any any time time receive receive and accommodate Overcro- wding and accommo dateinto into wding of of aa lodging lodging, lodging house, dwelling house, house, room, dwelling house, school, school, institution, hostel,vehicle, institution, hostel, vehicle, lodging, house, house, train train or or vessel vessel in a greater greater number number ofofpersons persons as as to to cause overcrowding. cause overcrowd ing. room, room, dwelling dwelling house, (2) (2) Any person who contraven Any person contraveneses subsection subsection ((I)1) commits commitsan anoffence offence house, etc. etc. and and on conviction is liable on conviction liable to a fine fine not not exceeding exceeding two hundred thousand two hundred thousand shillings shillings or or to to imprisonm ent for a term imprisonment term of of three three months months or orto to both. both. Powers Powers ofof 64.

64. Any property removed Any property removed by the Authority Authority in the in abating abating any anynuisance nuisance the Authority Authority may may be be sold sold byby public public auction auction and the the proceeds proceeds arising arising from from the the sale sale totosale sale may may bebe applied applied to to pay pay for for the expenses expenses incurred incurred and and the remaining the remaining property property balance, balance, ififany, any, shall shall be be paid paid to to the the owner owner of of that that property. property. Demolition Demolition 65.-(1)Where, 65.-{1) Where, inin the the opinion opinion of of the the Authority Authority, , aa nuisance ofof nuisance exists exists with with dilapidaed dilapidaed respect respect toto building building oror premises premises which which are are dilapidate dilapidated,d, dangerous dangerous or or building buildingoror defectivel defectively constructe constructedd beyond beyond repairs, repairs, such such that, that, repairs repairs to to or or alterations alterations premises premises of ofthat that building building oror premises premises areare not not likely likely to to remove remove the the nuisance, nuisance, thethe Authority Authority maymayissue issue notice notice of of demolitio demolitionn order. order. (2)Where (2) Where thethe court court isis satisfied satisfied that that nuisance nuisance under subsectio n (1) under subsection (1) existsand exists andthat thatrepairs repairs to toor oralterations alterations ofofthe the building or premises are building or premises are not not likelytotostop likely stopororprevent prevent the thenuisance, nuisance, the the Authority Authority may may order order the the owner owner of that building or premises to commence the demolition of that building or premises to commence the demolition of the building of the building ororpremises premises on onororbefore before aaspecified specified day, day, being being at at most most one one month month from from N0.1 Public Health 2009 41 remove the demolition and remove the demolition complete the and complete order and the order issuing the ofissuing date of the date the comprised the which comprised materials which materials building or the building premises from or premises from the site before before specified period. another specified another period. (3) A (3) person who Aperson the order with the comply with to comply fails to who fails Authority issued by the Authority order issued commits an commits and upon offence and an offence exceeding not exceeding liable to a fine not is liable conviction is upon conviction and the shillings and million shi11ings two million two premises building or premises cause the building may cause Authority may the Authority be demolished. to be to demolished. Authority, excuted by the Authority, been excuted order has been demolition order Where aa demolition (4) Where (4) Authority from the recover from shall recover Authority shall for incurred for expenses incurred owner the expenses the owner demolition of the building or demolition of the building or premises. premises. (5) The (5) be not be shall not premises shall building or premises demolished building of aa demolished owner of The owner entitled to compensation. entitled to compensation. (b) Housing and Human Settlement

66.-(1) A

66.-(1) A building first without first erected without be erected not be shall not premises shall building or premises Prior Prior approval approval submitting submitting thethe plans, plans, sections for site for building site of the building specifications of sections and specifications new of new of scrutiny on compliance scrutiny on compliance with with public public health health requirements requirements and and approval approval buildings buildings from the from the Authority. Authority. or or premises premises (2) A building (2) building or premises premises or its part part or be not be shall not structure shall any structure or any occupied until certificate of occupancy has been granted. occupied until a certificate of occupancy has been granted. (3) The provisions provisions ofof subsections the to the apply to not apply shall not (2) shall and (2) subsections (1) and dwe11ing houses dwelling houses in the rural rural areas areas or or houses have whichhave urban which in urban erected in houses erected been recognized been recognized as such such under under the the Squatter Programme. Upgrading Programme. Squatter Upgrading

67.-(1) Plans

67.-(1) Plans submitted submitted under under section section 66 66 may if - approved if- be approved not be may not Grounds Grounds (a) the site cannot cannot be be properly properly drained; drained; for for disapproval disapproval (b) the site has has been been filled filled with with waste, waste, other other offensive or matters or offensive matters of of plans plans decayed vegetation; decayed vegetation; (c) c) the site site is in proximity proximity toto other other buildings buildings oror premises premises as to as to obstruct light obstruct light and and free free circulation circulation of ofair air around around the thebuilding building or or premises; premises; (d) ( the the drainage drainage system system is is unsatisfactory; unsatisfactory; 42 N0.1 Public Health 2009 (e) the (e) the building building or or premises premises will will not not be be accessible accessible for for solid, solid, gaseous, hazardous gaseous, hazardous and and liquid liquidwaste waste removal removal or orfacilitate facilitate access to access to fire fire and and rescue rescue services; services; (f) the (f) the ventilation ventilation and and size size of ofthe therooms rooms isisunsatisfactory unsatisfactoryororinin adequate; or adequate; or the erection (g) the erection of ofthe the building building or orpremises premiseswould wouldcontravene contravene with other with other written written laws. laws. Any person (2) Any person who who owns owns a building buildingororpremises premisesused usedas asaadwelling dwelling house shall house shall provide provide such such building building or or premises premises with withproper properand sufficient and sufficient sanitary sanitary accommodatio accommodation n toto the the satisfaction satisfaction of ofthe theAuthority. Authority. Penalty Penalty for for 68. A person person who who erects erects any any building building contrary contrary toto sections sections 66 66 and and contra- contra- vention vention 69 commits commits an offence and upon offence and upon conviction conviction shall shall be be liable liable to to aa fine finenot not of of sections sections exceeding five hundred exceeding hundred thousand thousand shillings shillings or or to to imprisonment imprisonment for for aa 66 66 and and 69 69 term not exceeding exceeding six months term months oror to both. both. Dangerous Dangerous 69.-(1) Where

69.-(1) Where it appears appears to the the Authority Authority that that any any building building or or or or dilapidated dilapidated premises- premises- building building or or premises premises ((a) is is in such such a condition condition or is used used to to carry carry such such loads loads asas to to be be dangerous, injurious, dangerous, injurious, hazardous hazardous to persons persons in the building or in the building or premises, premises, any adjoining premises or adjoining premises or nearby nearby street, street, land land or or premises; premises; (b) (b) is is by by reasons reasons of its dilapidation, dilapidation, dangerous dangerous or or ruinous ruinous condition or condition or seriously seriously detrimental detrimental to the the amenities amenities ofof the the neighborhood; or neighborhood; ((c) which is c) which is used used asas a dwelling dwelling house house or premises premises is, is, in in the the opinion oftheAuthority, unfit opinion of the Authority, unfit for human habitation, human habitation, the Authority the may, prohibit Authority may, the use prohibit the use of of that building building oror premises premises oror part part of that of that building or premises building or premises forfor any any specified purpose and, specified purpose and, where where inin theopinion the opinion of ofthe theAuthority, Authority, that that building building oror its its part part ought ought to to be be demolished demolished or or removed, removed, the the Authority Authority maymay give give aa notice notice to that that person. person. (2) Subject (2) Subject to to subsection subsection (1 (1), the Authority ), the Authority shall shall not not prohibit prohibit the the use use of aa building of building oror premises premises unless unless aa notice notice is is served served toto the the owner owner oror occupier or occupier oraffixed affixed upon upon building building oror premises. premises. N0.1 Public Health 2009 43 Wherethe (3)Where {3) cannot be ownercannot theowner found or befound within the not within orisisnot country, it the country, it uponthe shallbebeupon shall occupier to require the owner's represen tative the occupier to require the owner's representative to make,to make, alterations or time, alteratio reasonable time, within reasonab within repairs, as or repairs, Authorityy may the Authorit as the may such alteratio until such anduntil necessary and considernecessar consider are carried out. ns are alterations carried out. owner or the owner ofthe Failure of (4)Failure {4) his represen or his an order out an carry out to carry tative to representative order an offence. be an shall be (3)shall subsection {3) undersubsecti under offence. otherproceedi anyother additiontotoany (5)InInaddition {5) proceeding Authorityy the Authorit taken, the be taken, may be that may ng that mayenter may building or thebuilding upon the enter upon premises and or premises make alteratio ns, repairs and make alterations, repairs demolition or demoliti removal of orremoval the building of the case the case as the part, as or its part, structure or building structure maybe, may be, and and may recover the may recover from the cost from the cost occupier of owner or occupier the owner that of that building, premises building premises or orstructure structure.

70.-(1)

70.-( 1) AAperson person upon whom aanotice upon whom requiring demoliti notice requiring removal, on, removal, demolition, Applica- Applica- n of time the time tion toto tion repair or repair or alteratio alterations served may, ns isis served expiratio prior to the expiration of the may, prior rescindoror rescind specified, apply specified apply toto the varied. or varied. rescindedd or notice to be rescinde for aa notice court for the court varyaa vary notice notice (2) During {2) During thethe hearing hearing of of the the applicati the on the lie on shall lie onus shall the onus on, the application, person served person served with with aa notice under subsecti notice under subsection may court may the court and the {1) and on (1) confirm, rescind or confirm, rescind or vary vary that that notice notice and make make such such order order as as as costs as to costs to itit may may deem deem necessar necessary. y.

71.-( 1)

71.-( 1)Where Where itit appears appears to the most of that most Authorityy that the Authorit buildings Clearance thebuildings ofthe Clearance or premises within an or premises within an area area are unfit for unfit for human human habitatio habitation n by by reason reason of of slumd d ofslum of areasanan areas dilapidation, dilapidat congestion ion, congesti on or or bad arrangement, bad arrangem ent, the Authorityshall theAuthority prepare re-housing shallprepare re-housing and implement and impleme a scheme to nt a scheme to be be used used for for the the clearance clearanc e of of the the area area and and ofof . 0 fth e 1'nh ab'ltantS. inhabitants inhabitants th ere-housi re- h ousmg ng of the inhabitants. the (2) Before {2) Before impleme implementation ntation of ofthe the scheme scheme under the (1),the subsection(1), under subsection Authority shall give a ninety days written notice Authority shall give a ninety days written notice to to the the owners owners of of the the property or property or his representative. his represen tative. (3) The {3) The owner owner oror his his representative representative maymay serve serve toto the Authority,a a theAuthority, written notice written notice of ofobjection objectionwithin withinthirty thirtydays daysand andwhere wherehis objectionisis hisobjection received, the Authority may consider received, the Authority may consider thatthat obj ection objectio nas astotowhether whether not orornot to carry on with the scheme under subsection to carry on with the scheme under subsection (1 ). (1). (4) (4) A A scheme schememaymay include includeaabuilding buildingororpremises premiseswhere wherethe theclearance clearance of that building building or premises is necessary for the proper developmentofof or premises is necessary for the proper development of that 44 N0.1 Public Health 2009 the area as a whole. Full and (5) Full (5) his or his owners or paid to owners compensation shall be paid prompt compensation and prompt representative. representative. (6) Subject to (6) Subject to the be shall be compensation shall subsection (5), compensation provisions of subsection the provisions on the based on based market value the market site the site of the value of premises, value building or premises, of the building value of and an and state or repair according to the state sum according additional sum an additional maintenance. and maintenance. repair and (7) Where the (7) Where confirmed the Authority has confirmed the Authority owners or scheme, owners the scheme, or representatives of representatives in notified in be notified shall be area shall the area premises in the buildings or premises of buildings of the writing of writing decision. the decision. that of that inhabitants of the inhabitants until the commence until not commence clearance shall not (8) The clearance (8) area have been area provided for accommodation provided for that suitable accommodation re-housed in a suitable been re-housed that purpose. purpose. Powers Powers 72. The Minister Minister may, after after consultation responsible Ministers responsible the Ministers with the consultation with of the of the regulations make regulations government, make Minister for environmental for management and environmental management local government, and local Minister to make to make conferring conferring powers powers and imposing imposing duties duties to the the Authorities Authorities prescribing prescribing regulations regulations for- for- relating to relating to environme- environme- (a) inspection and factories and buildings, factories houses, buildings, dwelling houses, ofland, dwelling inspection ofland, ntal health ntal health trade premises trade premises and same, the same, of the keeping of the keeping securing the for securing and for clean and clean and free from from nuisance health the health endangerthe to endanger not to as not so as nuisance so of the of the occupiers health; public health; the public or the occupiers or (b) periodical periodical cleansing the of the treatment of other treatment or other painting or and painting cleansing and buildings buildings or or premises ·and attached·and ofland attached cleansing ofland the cleansing and the premises and the the removal removal ofofrubbish refuse; or refuse; rubbish or (c) c) drainage drainage of of land, land, streets, streets, buildings of disposal of premises, disposal or premises, buildings or rubbish, rubbish, offensive offensive liquids, refuse, ofrefuse, disposal of and disposal removal and liquids, removal manure manure and and solid solid waste; waste; (d) d) standards standards ofofpurity purity of ofany any liquid liquidwhich, which, after aftertreatment treatmentin any inany purification purification works, works, may may be be discharged discharged as as effluent; effluent; (e) e) keeping keeping of ofanimals animals ororbirds birds and andthe the construction, construction,cleanliness cleanliness and drainage of places where and drainage of places where animals animals or orbirds birds are are kept; kept; (f) (f) establishment establishment and and carrying carrying onon of ofnoxious noxious trade, or factories or trade, factories trade premises which are liable to cause offensive smell or trade premises which are liable to cause offensive smell or N0.1 Public Health 2009 45 sewage effluents sewage effluents or or to to discharge discharge liquids liquids oror other other materials materials liable liable to cause such smell or sewage effluents, cause such smell or sewage effluents, to to pollute pollute streams, or streams, or are are otherwise otherwise liable liable or or likely likely to to be be aa nuisance, nuisance, injurious, hazardous injurious, hazardous or or dangerous dangerous to health, health, and and for for prohibiting prohibiting the establishment the establishment or or carrying carrying onon such such factories factories or or trade trade premises premises in unsuitable localities; unsuitable localities; (g) general general control control of of houses houses let let and and lodgings, lodgings, for for fixing fixing the the maximum number oflodgers, maximum number oflodgers, the the minimum minimum floor floor space space allotted allotted each lodger, to each lodger, for the the adequate adequate ventilation ventilation and and lighting; lighting; (h) provision provision ofof adequate sanitary appliances adequate sanitary appliances andand other other requirements for the protection requirements protection of ofthe the health health of ofthe the lodgers lodgers or or surrounding inhabitants; surrounding inhabitants; and (i) sanitary control (i) sanitary control of of market market places places and and market market buildings. buildings. (c) Solid and Liquid Waste Management 73.--{ 73.--{I) 1) The Authority Authority shall shall undertake undertake or or contract contract an agent to- - agent to Duty of Duty of the the (a) (a) set aside aside areas areas of adequate adequate size the purpose size for the purpose of of solid solid and and Authority Authority liquid waste liquid waste disposal; disposal; to to perform perform (b) manage the disposal (b) manage disposal areas areas to control control the occurrence occurrence of of any any and and undertake undertake nuisance or disease; nuisance disease; services services ((c) c) collect, collect, transport transport and dispose dispose of of solid solid and liquid liquid waste waste from from buildings, premises buildings, premises and land; ((d) d) collect, collect, transport transport and dispose dispose of solid solid and liquid liquid waste waste from from any any trade or business premises or business premises where where expeditious expeditious removal removal and efficient disposal and efficient disposal is in the interest interest of the public public and and the the services may services extend to the whole may extend whole or any part part of of its area; area; ((e) e) cleanse cleanse earth closets, privies, earth closets, privies, latrines latrines and other other receptacles receptacles for for waste waste and sewage substances; and sewage substances; and (f) (f) clean clean streets, public places, streets, public places, cut grasses, grasses, empty empty gullies gullies and and maintain waste maintain waste water water drains. drains. (2) (2) The The Authority Authority shall shall charge charge aa fee fee for a service service provided provided to a service beneficiary. service beneficiary. 46 N0.1 Public Health 2009 (3) The (3) The revenue revenue collected collected from from the the services services shall shall be be used used for forthe the improvement of improvement ofenvironmental environmentalhealth healthservices. services. (4) The (4) The Authority, Authority, contractor contractor or or any any person person who who undertakes undertakes the the removal, transportation and removal, transportation and disposal disposal ofofwaste waste from fromaapublic publicplace placeshall shall provide a skip provide skip bucket, bucket, sanitary sanitary land land filling, filling, transfer transferstation stationor orapproved approved covered containers covered containers for for holding holding and and transportation transportation ofof waste prior waste prior toto disposal. disposal. Subject to the (5) Subject the provision provision of of subsection subsection (4),(4), the the Authority Authority oror its its agent shall agent shall ensure ensure regular regular medical medical examinations examinations and provide special and provide special gloves, boots, gloves, boots, shoes, shoes, masks masks and and clothes clothes for for its its employees. employees. (6) An owner of premises owner of premises shall shall provide provide aa sufficient sufficient number number ofof approved covered approved covered containers containers for for the the holding holding of ofwaste wasteprior priortoto its itsremoval removal and disposal. disposal. (7) (7) A person person who contravenes contravenes the the provisions provisions of of subsections subsections (4),(4), (5) (5) and and ((6) commits commits an offence offence and and upon upon conviction conviction shall shall be be liable liable to to aa fine fine of of not not less than one hundred less than hundred thousand thousand shillings shillings or or to to imprisonment imprisonment for for aa term term not exceeding three months exceeding three months or to both. both. Keeping Keeping 74.-(1) The Authority

74.-(1) Authority shall, shall, for purposes purposes ofof solid solid or or liquid liquid waste waste and and mainte- mainte- disposal, designate disposal, designate areas which which shall be situated situated and and maintained maintained toto avoid avoid nance nance of of nuisance. nuisance. dumping dumping sites sites (2) (2) The Authority shall The Authority shall take take all necessary necessary measures measures toto control control scavengers at scavengers at waste storage, dumping waste storage, dumping sites sites and and disposal disposal sites. sites. (3) (3) AAperson person isis prohibited prohibited to scavenge scavenge on any waste, waste, bay bay or or dumping dumping site site unless unless that that person person isis aa holder holder of a permit permit issued issued by by the the respective respective Authority permitting Authority permitting himhim toto scavenge. scavenge. (4) (4) AAperson person whowho trespasses, trespasses, scavenges, scavenges, takes takes or or removes removes any any waste waste from disposal from disposal site, site, dumping dumping sitesite or or storage site without storage site without aa permit permit from from the the Authority or Authority or an an authorized authorized officer, officer, commits commits an an offence offence and and upon upon conviction, conviction, shall shall bebe liable liable to to aa fine fine of of not not less less than one one hundred hundred thousand thousand shillings or shillings orto to imprisonment imprisonment for for aa term term not not exceeding three months exceeding three months or or to to both. both. NO. I Public Health 2009 47 Manage- Manage-

75.-(1)

75.-(1) For For ensuring of solid minimii.ation of ensuring minimization Authority shall the Authority wastes, the solid wastes, shall ment of ment of prescribe for- prescribe for- solid and and liquid liquid (a) the· ( a) source, of at source, separation at the'separation types or different types of different waste of waste kinds of or kinds wastes garbage; and or garbage; or and (b) standards to (b) standards type, size, the type, guide the to guide other colour and other shape, colour size, shape, specifications for specifications waste containers for waste containers used. (2) The (2) The Authority shall, for Authority shall, purposes of for purposes suitability decisions on suitability making decisions of making of any specific method of any specific method of of collection, collection, treatment treatment or disposal disposal of of and solid and solid liquid waste, liquid waste, undertake studies to undertake studies knowledge of gather knowledge to gather of the generation generation rate and rate composition of and composition of such wastes. such wastes. (3) The (3) The Authority shall-- Authority shall (a) manage (a) solid and manage solid with accordance with generated in accordance wastes generated liquid wastes and liquid sustainable plans sustainable and Authority; and respective Authority; prepared by respective plans prepared (b) ensure (b) ensure appropriate made at wastes is made of wastes sorting of appropriate sorting source the source at the and is and is in in accordance accordance with standards standards or specifications prescribed specifications prescribed by the Authority. Authority.

76.-(1) Every 76.--{1) Every Authority shall- - Authority shall duty The duty The the of the of r (a) undertake (a) undertake periodic periodic studies studies to determine and solid and of solid type of the type determine the Authority Authority liquid wastes liquid wastes generated generated from and institutions and markets, institutions from markets, to to undertake undertake industries; and industries; studies studies (b) determine determine appropriate appropriate methods methods for for sorting the ofthe storage of and storage sorting and wastes. wastes. (2) In (2) In determining determining appropriate appropriate storage storage for for solid solid and and liquid liquid wastes wastes generated by different generated different types types of ofmarkets, markets, institutions institutions and and industries within industrieswithin their areas, the their areas, the Authority Authority shall, shall, in in collaboration collaboration with with the the Minister Minister responsible for health, responsible health, environmental environmental management management and and local local government- government- (a) ensure ensure that that the the solid solid and and liquid liquid wastes wastes are are classified and classified and appropriately appropriately stored stored depending depending onon whether whether they they are are organic, organic, plastic, plastic, glass glass or or metal metal waste; waste; or or (b) prescribe (b) prescribe appropriate appropriate methods methods for for storage storage of of different different categories of solid categories of solid and and liquid liquid wastes. wastes. 48 NO. I Public Health 2009 (3) The (3) TheAuthority Author ityshall shallensure ensurethat- that - (a) industries (a) industriesprovide provideadequate adequatespace spaceand andfacilities facilitiesforfor managi ng managing all solid waste generat ed from the industry and in the premise s all solid waste generated from the industry and in the premises priorto prior toits itscollection collectionfor fordisposal; disposal;and and (b) waste (b) wastebays baysor orareas areasdesignated designatedbybyindustries industriesfor forthe thecollection collecti on of solid waste are clean of solid waste are clean atatall alltimes timesand andprotected protectedfromfromvectors, vectors, animals and animals and scaveng ers. scavengers. Collectio n Collection of solid and 77.

77. The Author ity after The Authority afterconsultation consult ationwith withthe theMinisters Ministe rsresponsible respons ible of solid and for environ liquid waste mental manage for environmental management mentand andlocal local governm governmententshall shallprescribe prescrib e- - liquid waste (a) (a) best ways possible best ways possibl e for forthe the collecti collectiononofofvarious variouscategories categor iesofof solid and solid and liquid liquid wastes wastes from from generat generationionsources sourceson onitsitsown ownoror in in collabo ration with collaboration with any any comme rcialentity commercial or private sector; entity or private sector; (b) mode of (b) mode of recover recoveryy of ofcosts costs incurred incurre dinincollection collecti onofofthethesolid solid and liquid wastes; and liquid wastes; and and ((c) c) approve approvedd equipm ent, solid equipment, solid and andliquid liquidwastes wastescollection collecti ontimes times and routes. and routes. Designati on Designation 78.-{ I) Prior

78.-(1) Prior to to designa designation tion of of a transfer transfer station, station,the theAuthority Author ityshall- shall- ofof transfer transfer ( a) (a) cany carry out out Environ Environmental mental Health Health hnpact Impact Assessment Assessm entasasmay may stations stations Cap. be be provide providedd for for under under the the Environ Environmental mental Management Manag ementAct; Act; Cap. 191 191 (b) (b) ensure ensure that that the the designa designated area is adequate ted area adequa te in in size size and and isis situated situated away away from from residen residential area; tial area; ( c) (c) ensure ensure regular regular remova removall of of solid solid and and liquid liquid wastes wastes to to avoid avoid any anypossibl possiblee nuisanc nuisance; and e; and (d) (d) ensure ensure the the designa designated area is ted area is fenced fenced off off andand secured secured to to prevent unautho prevent unauthorized rized persons from entering persons from entering. . (2) (2)The TheAuthori Authority shalldesigna ty shall designate transfer transfer stations stations to to serve serve as as collection collection centers centersofofsolid solidand andliquid liquid wastes wastes where where large large amount amount ofof solid solid and and liquid liquid wastes wastes are aregenerat generated. ed. Factors Factors 79.The

79. TheAuthori Authority shall,on ty shall, onchoosin choosing themethod method of of solid solid wastes wastes disposal, forfor choice choice g the disposal, ofof bebeguided guidedbybythe thefollowi following factors ng factors - - methods methods of of solid solid (a)the (a) theclimatic climaticconditio condition; n; wastes wastes disposal disposal N0.1 Public Health 2009 49 (b)(b)itsitseconom itscommu ofits thatof andthat abilityand ic ability economic nity; · community; (c)(c)Environ Impact Assessm Health Impact mental Health Environmental that land; of that ent of Assessment land; (d)environ (d) mental hygieni environmental benefits availab socialbenefits c social hygienic le; and available; and theavailab (e) the (e) fortipping. sitesfor ofsites ility of availability tipping.

80.The 80. issue guidelin and issue prescribe and shallprescrib Minister shall TheMiniste how so on how es on guidelines Ii d Guidelines solid Guidelines andliquid and and comme domestic and from domest wastes from liquid wastes be :: to be are to premisess are rcial premise commercial !i~r:! s~;~r:~ treated and treated finally dispose and finally off both within the site and outside the disposed off both within the site and outside the liquid waste liquid waste premises. premise s.

81.The TheAuthor Authority shall- shall- Transpor ta- Transporta- 81. and tion and tion (a) ensure (a) ensure that from cesspoo sewage from that sewage cesspooll and from septic sludge from septic disposal ofof sludge disposal tanks are tanks and transpo collectedd and are collecte for liquid vehicles for specifiedd vehicles rted by specifie transported waste liquidwaste disposal; disposa l; (b) ensure (b) ensure that that before sewage is appropr before sewage treated and iately treated appropriately prior andprior to its to its dischar discharge into water ge into sewage the sewage land, the open land, bodies or open water bodies will not increase will not increase thethe risk of infections infections or or ecologic ecologicalal disturba nce disturbance and environ and environmental degradation; mental degrada tion; (c) designa ( c) designate and ensure te and compliance ensure complia with designa nce with designated disposal ted disposal ponds, sewage ponds, sewage treatme treatmentnt facilities points; sewerpoints; and sewer facilities and ((d) after the d) after the constru construction ction of of the facilitatethe system, facilitate sewerage system, the sewerage the carrying out of initial and subsequently carrying out of initial and subsequ entlyperiodic periodic approve approved d tests tests to ascerta to ascertainin that that the the sewage sewage effluents effluents for for final disposalmeet finaldisposal meet the nationa the national l standar standards ds required; required; ((e) make by-laws e) make by-laws prescrib prescribing ing the the treatment and hazardousand treatment ofofhazardous non-hazardous liquid wastes non-hazardous liquid wastes from from industries; industri es; (f) prescrib (f) prescribee guidelines- guidelines- (i) on standard gradient (i) on standard gradientfor forstorm stormwater waterdrains ordertoto drainsininorder prevent water stagnation; prevent water stagnation; (it) (it) on periodic on periodic cleaning cleaningof ofstorm stormwater waterdrains drainstotoremove remove deposits; and deposits; and (m) (fu) to allow to allow the the inspection inspection and andremoval remova lofofdeposits deposit sinin cover.ed coveredstorm stormwater waterdrain, drain,covers coversand andappropriate appropriatetraptrap chambers. chambers. 50 N0.1 Public Health 2009 (d) Gaseous Waste Management Gaseous Gaseous purpose of the purpose For the

82. For 82. an emission means an waste" means "gaseous waste" Part "gaseous this Part of this emission wastes wastes from different emanating from emanating sources and processes. different sources and processes. Gaseous Gaseous 1) The

83.-(1)

83.-( Authority shall The Authority buildings- habitable buildings- ensure that all habitable shall ensure waste from waste from dwelling dwelling have adequate a) have ((a) ventilation; cross ventilation; through or cross provide tlrrough openings to provide adequate openings houses houses and and (b) kitchens. the kitchens. in the escape in smoke escape means of smoke adequate means provide adequate (b) provide (2) Every dwelling house shall have a well ventilated kitchen. Control of Control of 84.-(1) The

84.-(1) collaboration with shall, in collaboration Authority shall, The Authority relevant other relevant with other industrial industrial gaseous authorities, and by taking authorities, and by taking into consideration consideration of of the the Environmental Environmental Health Health gaseous wastes and wastes and Assessment recommendati Impact Assessment Impact recommendations, construction and that construction ensure that ons, ensure and wates from wates from wastes are gaseous wastes dust and gaseous producing dust industries producing industries from far from situated far are situated vehicles vehicles residential residential areas. areas. (2) The (2) The industries the to the adhere to shall adhere {l) shall subsection (1) specified in subsection industries specified Environmental Health Environmental Health Impact Impact Assessment Assessment recommendati ons. recommendations. (3) The Authority shall, in respect of motor vehicles - (a) regulate regulate and and prohibit equipments maintenance,equipments installation, maintenance, prohibit the installation, and devises used by the motor vehicles; and devises used by the motor vehicles; (b) establish testing and testing standards and emission standards mandatory emission establish mandatory programmes; programmes; (c) prohibit prohibit the the use use of with complywith failstotocomply thatfails vehiclethat motorvehicle anymotor ofany emission emission standards; standards; and and (d) prohibit prohibit or or regulate regulate the theuse useof laneofof certainlane vehicleinincertain motorvehicle ofmotor designated designated roads roads or or in in certain areas. urbanareas. ofurban parts of certainparts (e) Excreta Excreta Waste Waste Management Management Excreta- 85. Excreta- waste

85. For For the the purpose purpose of ofthis this Part- Part- waste from vomitfrom "excreta "excreta waste" waste" means means human human faeces, faeces, urine urine and includesvomit and includes human human body. body. NO. I Public Health 2009 51

86. The

86. The Authority Authority shall, shall, after after consultation consultation with with thethe Ministers Ministers Excreta Excreta responsible for health, responsible health, sewages sewages and and local local government, government, make make by-laws by-laws waste waste manage- manage- prescribing for- prescribing ment ment by by the the . . f d . d " . . Authority Authority (a) proVlslon prov1s10n o equate samtary 0 a equate samtary accommo accommo atlon ation inm every every dwelling house and dwelling house and every every public public place; place; (b) appropriate penalties to control appropriate penalties control the the spread spread of of diseases diseases and and infections by infections by punishing punishing indiscriminate indiscriminate disposal disposal ofof human human excreta wastes; excreta wastes; (c) simple simple and appropriate appropriate technological technological options options for for the the disposal disposal of human of human excreta excreta wastes; wastes; (d) standards standards for the excreta excreta wastes wastes management management emanating emanating from from various buildings various buildings or premises premises and and provide provide penalties penalties for for defaulters; defaulters; (e) ratios ratios and standards standards for the adequate adequate and and separate separate provision provision toilets and urinals; of toilets urinals; (f) provision provision of accessible accessible toilets toilets for persons persons with with disabilities; disabilities; and (g) (g) provision provision of accessibility buildings and premises accessibility of buildings premises by by persons persons with disabilities. disabilities. (j) Hazardous and Health Care Waste Management 87.

87. For For the purpose of this Part the purpose Part- - Hazardous Hazardous "hazardous waste" "hazardous waste" means means any solid, liquid, liquid, gaseous gaseous or sludge waste and sludge waste and health health care wastes wastes which by which reason of by reason of its chemical chemical reactivity, reactivity, environmental environmental or human human hazardousness, infectiousness, hazardousness, infectiousness, toxicity, toxicity, explosiveness explosiveness andand corrosiveness is corrosiveness harmful to human is harmful human health, health, life and environment; environment; "health care "health waste" includes care waste" includes the infectious infectious wastes, wastes, pathological pathological wastes, wastes, sharps, pharmaceuticals, gene sharps, pharmaceuticals, toxics, radioactive gene toxics, radioactive wastes, wastes, coagulated coagulated blood wastes and blood wastes and drugs. drugs. 88.

88. A person shall A person shall not import hazardous not import hazardous wastes wastes or any other other wastes wastes Importa- Importa- tion of of into Mainland Tanzania. into Mainland Tanzania. hazardous hazardous wastes 89.

89. Health Health care care wastes wastes shall shall be be managed managed in accordance accordance with with the Manage- guidelines guidelines and standards under and standards under the the Environmental Environmental Management Management Act. Act. ment ml:IIt of of health care wastes wastes 191 Cap. 191 52 N0.1 Public Health 2009 Manage- Manage- 90. Subject Subject to to the the provisions provisions of ofsection section 92, 92,the theAuthority Authorityshall ment of 90. shallenSljfe ensllfe ment of hazardous that- that- hazardous wastes wastes (a) a) standards standards prescribed prescribed for for the the hazardous hazardous wastes wastes management management are in place are place and and operational; operational; (b) premises (b) premises producing producing hazardous hazardous wastes wastes are are adequately adequately ventilated and ventilated and in in compliance compliance with with prescribed prescribed standards; standards; (c) c) waste waste effluents effluents are are treated treated or or modified modified so so as as to to comply complywith with prescribed standards prescribed standards before before their their final final disposition; disposition; and and hazardous liquid (d) hazardous liquid wastes wastes are are treated treated in in accordance accordance with with appropriate methods appropriate methods atat a factory factory or or on on site site before before their their discharge into discharge into public public sewers, sewers, open open land land or or receiving receiving water water bodies. bodies. Environ- Environ- 91. A person person shall not dispose shall not dispose hazardous hazardous waste waste on on land land oror water water mental mental Health Health body unless body unless the Environmental Environmental Health Health Impact hnpact Assessment Assessment isis carried carried out out Impact Impact in accordance with in accordance with the the Environmental Environmental Management Management Act. Act. Assessment Assessment for for hazardous hazardous wastes wastes Cap. Cap. 191 191 Handling Handling 92.-Toe Authority shall, in collaboration

92.-The Authority collaboration with with the the Ministers Ministers responsible responsible .· and and disposal disposal of of for health, environmental management for health, environmental management and and local local government government - health health care care waste waste and and (a) ensure that (a) ensure that health health care care wastes wastes are are sorted sorted and and stored stored in in other other waste waste prescribed coded prescribed coded containers containers and transported transported in waste waste trucks trucks designed and designed and registered registered for that that purpose; purpose; (b) prescribe the (b) prescribe the best best possible possible methods methods for fmal final disposition disposition of of various types of various types of health health care wastes; wastes; (c) prescribe (c) the best prescribe the best possible possible methods methods for handling handling and and the the disposal of- disposal of- (i) veterinary (i) veterinary wastes wastes arising arising from abattoirs; abattoirs; (ii) (ii) veterinary drugs; veterinary drugs; (iii) (ill) wastes wastes emanating from agricultural emanating from agricultural activities; activities; (iv) agro-chemical (iv) agro-chemical wastes; wastes; (v) chemical (v) chemical wastes; wastes; and and N0.1 Public Health 2009 53 of management of penalties on management prescribe for penalties necessary, prescribe where necessary, (d) where waste excreta waste animal excreta animal or sewerage sewerage or dung. dung. (g) Sewerage and Drainage be shall be sewer shall drain or sewer relating to drain Part relating this Part reference in this Any reference

93. Any Construc- Construc- tion of construed as to include construed pump ventilating shaft, pump manhole, ventilating reference to any manhole, include reference public drain or sewer. that drain belonging to that accessories belonging other accessories or other sewers purposes of For the purposes

94.-(1) For

94.-(1) means a land" means "intervening land" section, "intervening this section, of this Drain or private private owner of which an owner through which land through land proposed premises, or proposed building or premises, of the building sewer pipe. communication pipe. entitled to lay a communication will be entitled premises is or will building or premises building to be connected connected public with public not shall not premises shall building or premises proposed building premises or proposed building or premises (2) A building sewer unless- sewer unless- public sewer access to a public have access deemed to have be deemed (a) there of metres of thirty metres within thirty construction within of construction course of there is, in the course the curtilage building proposed building premises or proposed building or premises of the building curtilage of premises and or premises reasonably makes it reasonably which makes level which and at a level therewith, a communicate therewith, drain to communicate construct a drain practicable to construct practicable owner of the owner which the sewer which other sewer sewer or other public sewer public building the building ofthe will be promises is or will building or promises proposed building premises or proposed or premises and use; and entitled to use; entitled (b) there entitled person is entitled which a person through which land through intervening land there is an intervening to construct have a deemed to have not be deemed shall not and shall drain, and construct a drain, unless - available unless supply available water supply sufficient water sufficient (i) supply from supply laid on from water laid of water supply of sufficient supply has a sufficient it has and authority; and water authority; controlled by a water controlled (ii) one within one point within from a point laid on to it from can be laid supply can the supply premises building or premises of the building curtilage of the curtilage of the hundred feet of hundred premises. building or premises. proposed building or proposed operation efficient operation ensure efficient Authority to ensure every Authority of every duty of shall be a duty (3) It shall area. within its area. system within sewerage system of sewerage of 54 NO. I Public Health 2009 Disapplica- Disapplica- Notwithstanding the the provisions provisions of ofsubsection subsection (2) tion

95. Notwithstanding (2) of section 94, ofsection 94, tion of of construc- construc- the limit the limit of thirty metres ofthirty metres shall shall not not apply apply-- tion tion of of public public (a) where where the the Authority Authority undertakes undertakes to to bear bearmuch muchof ofthe the expenses expenses sewer sewer and and reasonably incurred reasonably incurred in in constructing constructing aa drain drain to to communicate communicate drain drain with a public public sewer; with sewer; or or where the (b) where the point point from from which which aa supply supply of ofwater water can canbe belaid laidon, on, exceeds thirty metres. exceeds thirty metres. Construction Construction 96.-(1) The

96.-(1) The Authority Authority may, within within its its area area and and after after occurrence occurrence of of and mainta- and mainta- nance another Authority another Authority for sewerage sewerage and and drainage drainage outside outside its its area, area, construct construct nance of public public and maintain- maintain- sewers sewers (a) a public public sewer- sewer- (i) in, on,on, under under or or over over any any street, street, under under or or through through any any cellar or vault cellar vault below below any any street; street; and and (ii) (ii) in, on, under under or over over any land land or or in, in, on, on, under under anyanybuilding building forming part not forming part of ofa street street after after giving giving reasonable reasonablenotice notice to every every owner owner or occupier occupier of such land or building; and of such land or building; and (b) sewerage sewerage disposal disposal works works on any any public public land land oror land land acquired acquired or lawfully lawfully appropriated appropriated for that that purpose. purpose. (2) In (2) exercising its powers In exercising powers under under sub-paragraph sub-paragraph (ii) (ii) of of paragraph paragraph ((a) a) of subsection ( 1), the Authority of subsection Authority shall be liable liable to pay pay any any compensation compensation to to an owner or an owner occupier of any private or occupier private land, land, but but shall, shall, at at its its option, option, make make good good or or pay pay for any damage damage done or occasioned occasioned by by reason reason of ofthe the exercise exercise of of such powers. such powers. Vesting Vesting of of 97. Notwithstanding the provisions

97. Notwithstanding provisions of of any any other other written written laws~ all all public public public public sewers within and sewers within outside the Authority and outside sewers Authority which which that that Authority Authority has has sewers constructed or constructed or is maintaining pursuant is maintaining pursuant to the provisions provisions of of section section 100, 100, shall shall vest vest in in that that Authority. Authority. Rights Rights of of 98.-(

98.-(1) Every Every Authority shall keep deposited Authority shall deposited at its offices offices for inspection inspection owners owners ofof premises premises by by anyany person person at at all all reasonable reasonable hours, hours, free free of charge, charge, a mapmap showing showing and distinguishing all and distinguishing all public public sewers sewers andand other other public public sewerage sewerage disposal disposal works existing works existing oror in in the the course course of of construction construction within within its area area or or under under its its control. control. (2) (2) Subject Subject to to the the provisions provisions of of subsection subsection (1), the Authority Authority may may allow allow members members from from the the public public to to get get aa copy copy of of a map map atat aa fee fee to to be be prescribed in prescribed in the the regulations. regulations. Public Health 2009 55 NO. I some of Where some (3)Where (3) reservedd for are reserve sewers are public sewers the public ofthe foul water, for foul water, such sewers such sewersshall shallbe beshown shown in inthe themap map referred referred toto in in subsect ions subsections ( 1) (1) and and (2). (2). of TheAuthor

99.The

99. Authority public sewer, any public of any course of and course size and the size alter the may,alter ity may, sewer, Size of Size public either entirely or for either entirely or forthe thepurpose purpose of of foul foul water, water, close close public public drainag drainage or e or public sewers sewers forthe for purpose of thepurpose water drainag storm water ofstorm e, but where any person drainage, but where any person who is who is lawfully lawfull sewer for public sewer the public using the y using for any purpose is any purpose is deprive d by deprived by the the Authority, it shall Authority, it shall provide provide aapublic public sewer sewer equally equally effectiv effectivee for drainagee his drainag for his systems ororsewers systems sewers to tocommu nicate with the public sewer so provided.d. communicate with the public sewer so provide

100.-(1)1) AAperson throw, empty, not throw, shall not person shall Prohibiti on thrown, Prohibition be thrown, to be permit to tum, permit empty, turn,

100.-( interfere to interfere to emptied or emptied orpassed passed into into any sewer or any sewer drainage-N or drainage any with any with sewer or sewer or (a) any (a) any matter matter likely interfer e drain to interfere or to drain, or sewer or drain, injure the sewer to injure likely to drain with the with the free free flow flow ofof its the prejudi ciallythe effect prejudicially contentss or to effect its content treatment treatme and disposa nt and disposall of contents;s; of its content (b) any (b) anychemica chemical,l, refuse, refuse, waste waste steam steam or of temperature liquidoftemperature any liquid or any higher than higher than forty forty four four degrees centigrade degrees centigra steam refuse, steam beingrefuse, de being or liquid which or liquid which whenwhen so heated, heated, either either alone alone or or in in combin ation combination with the with the content contentss of of the sewer sewer oror drain, canbe dangerous,us,aa drain, can be dangero cause of cause of nuisanc nuisancee or prejudi prejudicial cial to or health; or to health; ((c) any petroleu c) any petroleumm spirit, spirit, carbide carbide or or calcium calciumexcept exceptinto drainage intoaadrainage speciallyy constru speciall constructed cted for for the the purpose. purpose. (2) Where (2) Where separat separatee public public sewers sewers are are provided provided for for foul waterand foulwater and storm water, storm water, no no person person shall shall discharge discharge or orpermit permittotobe either ged,either discharged, be dischar directly or indirectly- directly or indirectlyN (a) soil (a) soil or or waste waste water water into into aa sewer sewerprovided providedfor forstorm water;oror stormwater; (b) except (b) except with with the the approval approvalofofthe Authority,ty,storm the Authori stormwater intoa a waterinto sewer provided for foul water. sewer provide d for foul water. (3) A person who contravenes any of the provisions of this section (3) A person who contravenes any of the provisions of this section commits an offence and upon conviction shall be liable to a fine not commits an offence and upon conviction shall be liable to a fine not exceeding two million shillingssor to imprisonment for a term not exceeding exceeding two million shilling orto imprisonment for a term not exceeding twelve months or to both, such suchfine fineand andimprisonment. imprisonment. twelve months or to both, 56 NO. I Public Health 2009 (4) For (4) For the the purpose purpose of ofthis this section, section, "petroleum "petroleumspirit" spirit"means meansany- any- ( a) crude (a) crude petroleum; petroleum; (b) oil oil made made from from petroleum, petroleum,coal, coal,shale, shale,peat peator orother otherbitmninous bituminous substances; or substances; or (c) c) product product of ofpetroleum petroleumorormixture mixturec'ontaining c·ontainingpetr petroleum oleumas aswhen when tested gives tested gives off off an an inflammable inflammable vapour vapour atat aa temperature temperatureofof less than less than twenty twenty three three degrees degrees centigrade. centigrade. Drain Drain oror 101.-(1) The owner

101.-( I) The owner or or occupier occupier of ofany any premises premises or orthe the owner ownerof ofany any private private sewer private sewer, private sewer, within within the the area area of of the the Authority, Authority, shall shall communicate communicatehis his sewer to to be be private sewer private sewer with with any any available available public public sewer sewer of of that that Authority Authority and and connected connected discharge discharge foul or storm water from from his his premises premises or storm water or that that private private sewer. sewer. with with public public sewer sewer (2) Without Without prejudice prejudice to the the generality generality of of subsection subsection (1), (1), aa person person shall not be permitted permitted to- (a) discharge discharge directly directly or indirectly indirectly into into any any public public sewer- sewer- (i) (i) matter from any matter from a manufacturing manufacturing process process or or aa factory, factory, other than other than domestic domestic sewage sewage oror storm storm water, water, exceptby except by a written written agreement agreement with with the the Authority; Authority; (ii) (ii) any matter which any matter which is prohibited prohibited under under this this Act Act or or any any other written other written law; (b) have his (b) have his drainage drainage systems systems oror private private sewer sewer made made toto communicate directly communicate directly with with a storm storm water water and and overflow overflow the the sewer; sewer; (c (c )) have have his drains or private his drains private sewer sewer made made to communicate communicate with with aa public public sewer sewer provided provided for foul water, water, unless unless he he satisfies the satisfies the authority authority that that the the premises premises to be drained drained have have sufficient sufficient water water supply supply available; available; or or (d) (d) have have his his drainage drainage systems systems or privateprivate sewer sewer mademade to to communicate with communicate with any any public public sewer sewer where that sewer where that sewer is is situated in situated in excess excess ofof thirty thirty metres metres of the curtilage curtilage of of the the premises. premises. Rights of Rights of 102.-(1)I) The

102.-( The owner owner oror occupier occupier of of any any premises premises and and the the owner owner of of ownersofof any owners any private private sewer sewer outside outside the the area area of of the the Authority Authority shall shall have have similar similar premises premises and rights with owners rights andowners with respect respect toto draining draining into into the the available available public public sewers sewers of of the the ofofpublic public Authority Authority as as he he would would have have had had under under section 101, if section 101, if the the premises premises or or sewers sewers private sewer private sewer are are situated situated within within its its area area and and the the provisions provisions ofof that that section section shallapply shall apply accordingly. accordingly. NO. l Public Health 2009 57 (2) Without prejudice (2) Without prejudice toto the the generality generalityofofthe theprovisions provision sofofsection section 100 and subsection (1) of this section, the discharge ofcertain liquids 100 and subsection (1) of this section, the discharge of certain liquids oror other other matters into public matters into public sewers sewers shall shall not not derogate derogate the thepowers powersofofthethe Authority to- Authority to- ((a) a) refuse to permit refuse to pennit aa communication communicationto tobe bemade madeasasprovided providedfor for under section under section 99; 99; (b) (b) require require the the drainage or laying drainage or laying open open of of aa private private sewer sewer for for inspection inspection.. (3) (3) Notwithst anding the provisions Notwithstanding provisions ofofsubsection subsectio n(2), (2),the theAuthority Authority may, for the drainage of may, for the drainage of private private sewer sewer from from premises premises outside outside its its area, area, refuse to refuse permit aa communi to permit cation to communication to be be made made except except under under such such reasonabl reasonablee terms terms and and conditions may be conditions as may be prescribed prescribed by bythe the Minister. Minister. (4) (4) The The terms terms and and condition conditionss referred referred to in in subsections subsections (2) (2) and and (3) (3) may include- may include- (b) (b) complianc compliancee with with any reasonable requireme any of the reasonable requirements nts of ofthe the Authority that Authority that the premises to be drained the premises drained shall shall be be clean cleanororin in aa proper proper state state of repair; and of repair; (b) (b) such such reasonabl reasonablee payment payment or periodical periodica l payments payments asas the the Authority Authority may may deem deem fit fit to impose, subject to impose, subject to any any directions directions by bythe the Minister. Minister.

103.-(1)

103.-(1) For Forthe thepurposes purposes of of making making or or maintainin maintainingg a communic communication ation Communi- Communi- with cation withaapublic public sewer, sewer, itit shall shall be be lawful lawful for- for- cation with with (a) (a) the theAuthority Authority to to construct construct or or repair repair aa lateral lateral drainage drainage in, in, on, on, public public sewer under under or orover over any any land land oror building; building; and and sewer (b) (b) with withprior prior consent consent of of the the Authority Authority,, the the owner owner or or occupier occupier of of any anybuilding building totoconstruct construct or orrepair repair aa drain drain in, in, on, on, under under or or over over any any land land oror building building or or private private sewer sewer as as the the authority authority may may approve. approve. (2) (2)Where Where aalateral lateral drainage drainage or orprivate private sewer sewer constructe constructedd oror repaired repaired ininany anyland landororbuilding building doesdoes not not form form partpart of of aa street, street, the the Authority Authority or or owner owner ororoccupier occupier shall shall give give toto every every owner owner or or occupier occupier aa notice notice and and shall shallbebeliable liable totomake make ititgood good oror atat the the option option of of the the Authority Authority or or the the owner, owner,undertake undertake totopay pay for forany any damage damage causedcaused or or occasione occasionedd by by the the Authority Authority ininexercising exercising its itspowers. powers. 58 N0.1 Public Health 2009 powers the powers exercising the out in exercising carried out intended to be carried works intended (3) The works with interfere with not interfere shall not section, shall under this section, Authority under upon the Authority conferred upon conferred adjacent building or any adjacent land, building of the land, development of amenities or future development the amenities buildings. land or buildings. arises, dispute arises, where a dispute subsection (3), where of subsection provisions of Subject to the provisions (4) Subject court. district court. appeal to the district person may appeal aggrieved person any aggrieved Notice Notice for drainage his drainage have his required to have wishes or is required who wishes person who

104.-(1) A person

104.-(1) lateral lateral shall sewer shall public sewer with a public drainage communicate with made to communicate sewer made private sewer system or private system drainage into public give to the Authority Authority a notice notice of writing. proposals in writing. of his proposals sewer shall be proposal shall the proposal subsection (1),), the of subsection provisions of Subject to the provisions (2) Subject manner. prescribed manner. made in a prescribed made the of the receipt of the receipt of the days of one days twenty one within twenty Authority may, within The Authority (3) The communication the communication make the person to make refuse a person notice to refuse issue a notice proposal, issue proposal, that- appears that- where it appears where sewer is private sewer or private drainage or the drainage of the construction of of construction mode of the mode (a) the not in conformity not conformity withwith the rules in force; rules force; or or (b) the conditions ofthe conditions of sewer or private sewer or private drainage or the drainage matter the matter or the making of the making that the such that varied is such be varied or to be carried or carried the of the communication would communication would be system sewerage system the sewerage prejudicial to the be prejudicial of the of the Authority, Authority, and and for the the purpose purpose ofof examining examining the mode the mode of construction of construction and condition condition of drainage or the drainage ofthe sewer private sewer or private Authority may, if the Authority the for open for laid open be laid require itit to be necessary, require if necessary, inspection. inspection. person- on a person- served on not served notice is not the notice Where the (4) Where the cause the means, cause reasonable means, with all reasonable shall, with Authority shall, the Authority (a) the (a) communication to be communication to drainage to lateral drainage of a lateral means of by means made by be made the the public public sewer may be manner as may such manner sewer in such or prescribed; or be prescribed; (b) the the Authority Authority may except that determine except may determine shall not that itit shall be not be obligatory obligatory upon upon the Authority Authority to make make thethe communication commmication until mtil the the estimated estimated costs costs of ofthe the work work has has been been paid security or security to itit or paid to for payment has been provided to its satisfaction. payment has been provided its satisfaction. NO.I Public Health 2009 59 (5) Where Where any any payment made to the Authority payment made Authority exceeds exceeds the expenses expenses reasonably incurred reasonably incurred by it in the the execution execution of of the the work, work, the excess excess shall shall remitted to the person be remitted person for whom whom the work work was was done. done. Subject to the (6) Subject the provisions of subsection provisions of subsection (5), where where the expenses expenses not covered are not covered by the payments payments made made to it, the Authority Authority may may recover recover expenses or the balance the expenses balance from from the person person for whom whom the work work was was done. For the purpose (7) For purpose of of this this section, section, the making making ofof the communication communication between a drainage between drainage or private private sewer sewer and a public public sewer sewer includes includes all such work such work which which may may involve involve the breaking breaking open open ofof a street street and and the the taking of taking of any steps steps which which the the Authority Authority maymay consider consider necessary necessary for repairing, relaying repairing, relaying and and safe safe guarding guarding ofof any pipes, pipes, drainages, drainages, lines lines or any other works other works which which may disturbed or damaged may be disturbed damaged byby or in the course course of of making that making that communication. communication. Any person, (8) Any person, other other than than a person person lawfully lawfully acting behalf of acting on behalf of the the Authority, who Authority, who causes causes a drain drain or sewer sewer to communicate communicate with with a public public sewer or fails to comply sewer comply with with or acts acts in contravention contravention of of any of of the the provisions of provisions of this section, section, commits commits an offence offence and on conviction conviction is liable liable to a fme fine not not exceeding exceeding two two million million shillings shillings or to an imprisonment imprisonment for a term not term not exceeding exceeding two two years years or to both. both. (9) Where Where proceedings proceedings have have or have have not not been been taken taken in respect respect of of that offence, that offence, the Authority Authority may may close close any any communication communication made made in contravention of contravention of any any provisions provisions under under this this section section and and recover recover from from the the offender any expenses offender expenses reasonably reasonably incurred incurred byby it in so doing. doing. Authority shall, where

105.-(1) The Authority where a building, building, premises premises or an extension extension Drainage Drainage plan of plan of a building building or premises premises is not not in accordance accordance with with the building building rules rules ?robv~sldi~ns ~robv~sldi~ns m Ulu1 mg deposited with deposited with the Authority, Authority, reject reject the plan plan unless unless - and extension extension (a) the (a) the plan plan shows shows that that satisfactory satisfactory provision provision for drainage drainage shall shall plans plans made; or be made; Authority is satisfied (b) the Authority satisfied that that in the case case of of that that particular particular building or extension building extension plan, may properly plan, it may properly dispense dispense with with any provision for that provision that purpose. purpose. 60 N0.1 Public Health 2009 (2) For (2) For the the purposes purposes of ofthis this section, section, "satisfactory "satisfactoryprovision provisionfor fordrainage" drainage" means the means the drainage drainage system system and and appliances appliances of of the the building building complying complying with any with any written written law law for for the the time time being being inin force force relating relating toto drainage drainage and and that the that the drainage drainage systems systems of of the the premises premises connect connect either either directly directly or or indirectly with indirectly with available available public public sewer sewer oror where where there there is is no no such such sewers, sewers, discharge should discharge should be be done done into into septic septic tank:, tank, other other appliance appliance or or any any other other site disposal system. site disposal system. Provision Provision 106.-(1) Where

106.-(1) Where a building, building, premises premises or or extension extension plan plan of ofaa building buildingisis latrines of latrines in building building deposited with deposited with the the Authority Authority in in accordance accordance with with any building rules, any building rules, the the or premises premises Authority shall Authority shall reject reject the the plans, plans, unless unless - plans (a) the (a) the plans plans deposited deposited are are sufficient sufficient and and satisfactory satisfactory latrine latrine accommodation have accommodation have been been provided provided for; for; or or satisfied that (b) is satisfied that in the the case case of of a particular particular building, building, premises premises extension it may or extension may properly properly dispense dispense with with the the provision provision of of latrine accommodation. latrine accommodation. Where- (2) Where- sufficient water (a) sufficient water supply supply and and public public sewer sewer are are not not available, available, the authority the authority shall shall not not reject reject the the plans plans on on the the ground ground that that the the proposed latrine proposed latrine accommodation accommodation consists consists of ofor or includes includes a pit- pit- latrine of latrine of a type type approved approved byby the the Authority; Authority; and and (b) the plans plans show show that that the proposed proposed building, building, premises premises oror extension is likely extension likely to be used used as a factory, factory, workshop, workshop, workplace, club, workplace, club, place place of of entertainment, entertainment, stadium stadium oror other other place in which place which persons persons of of both both sex sex shall shall be be employed employed or or be be in attendance, attendance, the Authority Authority shall shall reject reject the the plans, plans, unless unless sufficient and satisfactory sufficient satisfactory separate separate latrines latrines and and accommodation for persons accommodation persons of of each each sex sex are are provided. provided. Violation Violation of of building

107.-(1) Where

107.-(1) Where it appears appears to the Authority Authority that, that, in the the case case of of any any building rules rules building building or or premises premises - (a) (a) any appliance provided any appliance provided in the building building is in such such a condition condition as to to be prejudicial prejudicial to health health or a nuisance; nuisance; or (b) any (b) any appliance appliance formerly formerly used used for the the drainage drainage ofof the the building building or premises but is no longer or premises longer used used there there for it is prejudicial prejudicial to public health public health or a nuisance, nuisance, _N().1 Public Health 2009 61 his representati owner, his the owner, require the notice, require bynotice, shall,by shall, representative or the ve or of occupier of the occupier satisfactory provision for drainage of the building or makesatisfactory building totomake thebuilding the provision for drainage of the building or his representati owner, his the owner, order the be, order may be, case may thecase asasthe representative occupier of or occupier ve or of do such to do and to action, and necessary action, such necessary take such building tototake thebuilding the as works as other works such other maybe may necessary to benecessary remedy the to remedy the problem. problem. (2) The (2) TheAuthority where itit is may, where Authority may, satisfied that is satisfied works construction works that construction to communicate to communica te drainage drainage system system of of aa particular particular building building or premises premises withthe with thepublic public sewer cannot be sewer cannot realized or be realized undue difficult cause undue may cause or may to difficult to the owner the owner and and satisfactory provision for satisfactory provision achieved only be achieved drainage can only for drainage by discharging by discharging into into an an appliance appliance or or by by on on site site disposal disposal system system which which the the Authority may approve, Authority may approve, dispensedispense with with the the provision provision for drainage drainage system system which communica which directly or communicatete directly indirectly with or indirectly sewer. public sewer. with the public (3) For (3) For the the purposes purposes of of this this section, septic any septic means any "appliance" means section, "appliance" tank, private tank, private sewer, sewer, drainage, soil pipe, drainage, soil pipe, sink or other water pipe, sink or other rain water pipe, rain appliance for appliance for drainage. drainage.

108. Where

108. Where anyany existing existing building building or premises premises in area of the area in the the Powers of the Powers of of Authority has has sufficient sewer is public sewer available, the is available, th the thee Authority sufficient water water supply supply and a public Authority Authority Authority may require Authority may require it to be replaced replaced by by water water closets closets and and that that the the issue to issue to owner, representative or occupier shall make any owner, representative occupier shall make any latrine latrine other other than than water water notices notices inin closets provided closets for or in connection provided for connection withwith the the building building or premises re~p~ct ofof the premises or the re~p~ct application within , application within a specified specified time, time, to to have have drainages drainages made made to :~~~~~::oror to ::~~~~:: communicate with a public communica te with public sewer. sewer. premises premises

109.-(1) Where

109.-(1) Where it appears appears to the the Authority Authority that that -- Notice toto Notice provideaa provide (a) (a) aa building building or or premises premises lacks lacks sufficient sufficientlatrine tion; latrine accommodation; latrine accommoda andf latrineandf additional additional or or latrine latrine (b) aa latrine (b) latrine provided provided for for or or in in connection connection with with aa building building or or premises is in such a premises is in such state asstate as to to be be nuisance nuisance or or prejudicial prejudicial to to health and health and cannot cannot without reconstructionion be without reconstruct be put into aa put into satisfactory satisfactory condition, condition, the Authority the Authority shall shall serve serve aa notice notice to to the the owner ownerof ofthe thebuilding buildingrequiring requiring him to him to provide provide thethe building building withwith such such latrine latrine or oradditional additionallatrine, latrine,asasitit may approve and deem may approve and deem necessary.necessary. (2) The (2) The Authority Authority shall, shall, unless unless sufficient sufficient water water supply supplyandandpublic public sewer are available, require the provision of a water closet except sewer are available, require the provision of a water closet except where where substitution for substitution for an an existing existingwater watercloset closetisisrequired. required. 62 N0.1 Public Health 2009 The Authority (3) The Authority shall, shall, where where a sufficient sufficient water water supply supply is available available without a public without public sewer, sewer, require require the the provision provision of of a water water closet closet together together with with all necessary necessary drainage drainage discharging discharging into into a septic tank or other septic tank other place place may approve. as it may approve. Ineffective Ineffective 110. Where Where the the Authority Authority has established established that that an area area within within its latrines, latrines, septic septic jurisdiction has jurisdiction has no sewerage sewerage system system or has has a high high water water table table and and tanks, etc. tanks, therefore cannot therefore cannot have have effective effective latrines, latrines, septic septic and and soakage soakage pit pit tanks, tanks, it shall consider shall consider that that area area to be ofof high high priority priority for constructing constructing that that sewerage system. sewerage system. Violation Violation 111.-(1) 1) Where Where it appears appears to the the Authority Authority that that any any latrine latrine provided provided of of connection with for or in connection with a building building is in such such a state state as to be nuisance nuisance or building latrines latrines prejudicial to health, prejudicial health, save that that it cannot cannot without without reconstruction reconstruction be put put in a satisfactory satisfactory condition, condition, the the Authority Authority shall shall by notice, notice, require require the owner, owner, his representative representative or the occupier occupier ofof the the building building or premises premises to execute execute such works such works or take take such such steps steps by cleansing cleansing the the latrine latrine or otherwise. otherwise. Where the (2) Where the notice notice requires requires a person person to take take any any steps steps other other than than the execution the execution of of works works andihat andihat person person fails fails to comply comply with with that that notice, notice, the person the person commits commits an offence offence and and on conviction conviction shall shall be liable liable to a fine not exceeding not exceeding five hundred hundred thousand thousand shillings shillings or to imprisonment imprisonment for a term not term not exceeding exceeding three three months months or to both. both. Drainage Drainage 112.-( I)

112.-( 1) Where Where the Authority Authority under under this this Act Act requires requires each each of of two two or in combina- combina- tion tion more buildings more buildings or premises premises to be drained drained separately separately into an existing existing public public sewer, save sewer, that it appears save that appears to it that that the buildings buildings or premises premises may maybebe drained economically drained economically or advantageously advantageously in combination, combination, the the Authority Authority may require may require that that the buildings buildings or premises premises be drained drained in combination combination into into the existing the existing public public sewer sewer by means means ofof a private private sewer sewer to be constructed constructed the owners either by the either owners ofof the the buildings buildings or premises premises in such such manner manner as it may may direct direct or if the Authority Authority so elects, elects, by the Authority Authority on behalf behalf of of the owners. owners. (2) The The Authority Authority shall shall not, not, except except by an agreement agreement with with the the owners owners concerned, exercise concerned, exercise powers powers conferred the provisions conferred by the provisions of of subsection subsection respect of (1) in respect of building building plans plans for drainage drainage previously previously passed passed by the the Authority. Authority. N0.1 Public Health 2009 63 (3) The (3) proportion requirement shall fix the proportion such aa requirement making such Authority making The Authority which the in which in expenses of the expenses the of the repair of maintenance and repair construction, maintenance of construction, private sewer private are to be borne sewer are to be borne byby the owners concerned. owners concerned. Where the (4) Where (4) distance of the distance the of the curtilage of sewer from the curtilage public sewer of aa public buildings or buildings is or premises is or premises bear shall bear Authority shall meters, theAuthority thirty meters, exceeds thirty or exceeds the expenses. the expenses. (5) Any (5) Any owner this under this Authority under of the Authority decision of aggrieved by a decision owner aggrieved to the appeal to may appeal section may section appeal, such appeal, subject to any such court and subject district court the district any expenses any expenses reasonably repairing maintaining or repairing constructing, maintaining incurred in constructing, reasonably incurred the private the those and those fixed, and proportion fixed, borne in the proportion shall be borne sewer shall private sewer expenses expenses or or as as the the case recovered may be recovered thereto, may contributions thereto, case may be contributions accordingly accordingly by by the the person, Authority or owners, whether the Authority person, whether whom by whom owners, by they were they were incurred instance. in the first instance. incurred in ((6) A sewer 6) A not shall not section shall this section under this Authority under constructed by the Authority sewer constructed its of its expenses of the expenses that the reason that sewer by reason public sewer deemed to be a public be deemed be construction are in the first instance construction by or by Authority, or defrayed by the Authority, instance defrayed reason that some part reason by it. borne by expenses is borne part of the expenses

113.-(1) The provisions

113.-(1) shall 112 shall and 112 sections 103 and and sections section and of this section provisions of Appeals Appeals apply with apply with respect respect to appeals. appeals. (2) An appeal (2) appeal lodged lodged to the district district court court shall- shall- (a) be in writing; writing; (b) indicate indicate the the nature nature of of the the works and executed; and be executed; works to be (c) state state the the period period within within which which they executed. be executed. to be are to they are (3) A person person served served with with a notice notice may may appeal manner the manner in the appeal in provided for on any provided any of of the the following following grounds grounds which which are in appropriate in are appropriate the circumstances circumstances of of the the particular particular case case that- that- (a) the notice notice or requirement requirement is not not justified justified by by the the terms the ofthe terms of law under which it purports to have been law under which it purports to have been given given or or made; made; (b) the the works works required required by by the the notice notice to to be be executed are executed are unreasonable in character or extent; unreasonable in character or extent; (c) the the time time within within which which the the works works are are to to be not executed isis not be executed reasonably reasonably sufficient sufficient for for the the purpose; purpose; or or 64 N0.1 Public Health 2009 notice might the notice (d) the (d) lawfully have might lawfully occupier served on the occupier been served have been building or the building of the of owner or of the owner instead of concerned instead premises concerned or premises that itit would and that occupier, and occupier, have equitable for it to have been equitable have been would have not served. been not been served. grounds upon the grounds Where the (4) Where (4) this section under this appeal under which an appeal upon which are section are include aa ground brought include brought paragraph (d) of specified in paragraph ground specified (3), subsection (3), of subsection the notice of copy of his notice serve a copy shall serve appellant shall the appellant other each other appeal on each of appeal person may be notice may section a notice this section under this appeal under any appeal on any and on to; and referred to; person referred be any other to any served to served premises the premises interest in the estate or interest having an estate person having other person concerned. concerned. respect with respect made with may be made order may appeal, an order hearing of the appeal, Upon hearing (5) Upon (5) to the to person by the person proportions the proportions executed or as to the work is to be executed whom any work by whom which any in which in recoverable by become recoverable may become which may expense which any expense authority the authority by the are to are to be appellant borne by the appellant be borne and such other person. such other person. (6) In (6) In exercising (5), and (5), (4) and subsections (4) by subsections conferred by powers conferred exercising the powers regard regard shall shall be made made between between an owner owner and and an an occupier occupier to to the the terms terms and conditions, and conditions, whether to and to tenancy and the tenancy of the statutory, of contractual or statutory, whether contractual the nature nature of the works works required. required. (7) Any Any appeal appeal pursuant court the court to the preferred to be preferred shall be section shall this section pursuant to this having jurisdiction having jurisdiction concerning concerning the situated. are situated. premises are the premises where the place where the place (8) Appeals Appeals may may bebe brought notice by aa notice required by person required any person where any brought where to execute execute works works fails fails to execute prescribed. time prescribed. the time within the work within the work execute the Effects of Effects 114.-(1) A person

114.-(1) person served served with with notice notice requiring him to requiring him the execute the to execute failure to failure to execute works within works within the the time time prescribed prescribed in in the the notice notice who who fails commits so commits do so to do fails to execute works in works in an offence offence and and shall shall be be liable liable to to five five hundred to or to shillings or thousand shillings hundred thousand time time imprisonment to a term term not not exceeding exceeding three three month month or or to to both. both. imprisonment (2) Subject Subject to subsection subsection (1), (1), the the Authority works the works execute the may execute Authority may and recover and recover from from that that person person the the expenses expenses incurred the executing the in executing incurred in work. work. Recovery 115. Where repayment the repayment Recovery Where the the Authority Authority hashas incurred incurred expenses expenses forfor the of incurred of incurred expenses of of which which the the owner owner oror occupier occupier of ofthe the premises premises in in respect respect of ofwhich the whichthe expenses expenses were expenses were incurred incurred is is liable liable under under this this Act, Act, the the Authority Authority may may -- N0.1 Public Health 2009 65 recover the (a) recover (a) date of from the date interest from together with interest expenses, together the expenses, of service of service demand for of demand recovered by expenses, may be recovered for the expenses, the from the Authority from the Authority occupier owner or occupier person who is the owner the person of the of premises at the premises completed; works are completed; when the works the date when at the or or person has where the person (b) where (b) of occupier of owner or occupier ceased to be the owner has ceased the premises the expenses the expenses demand for the when a demand before the date when premises before has been has accrued interest accrued expenses and interest recover the expenses served, recover been served, shall be shall be charged interests and interests estates and premises, all estates charged on the premises, therein. therein.

116. The

116. The Authority recover Recovery and to recover works and execute works empowered to execute Authority is empowered Recovery from any any person of include of may include Authority may incurred by it, the Authority expenses incurred from person the expenses additional additional in and in and recover any expenses cover any sum to cover additional sum expenses an additional part of the expenses recover as part expenses additional expenses. additional expenses.

117.-(1)

117 .-(1) Any Any sum which which the Authority under Manners recover under to recover entitled to Authority is entitled Manners of of this Act and with respect to the recovery of which no other provision is other provision is recovering this Act with respect the recovery of which recovering expenses expenses made may be recovered made recovered either either summarily simple as a simple or as debt or civil debt summarily as a civil contractual debt contractual debt in any court. court. (2) The time time within within which which summary for taken for be taken may be proceedings may summary proceedings the recovery recovery of of any any such such sums sums shall, shall, except except where where otherwise expressly otherwise expressly provided, be reckoned provided, reckoned from from the the date date of of the the service service of of a demand demand letter. letter.

118.-(1) In the exercise

118.-(1) exercise of of any any powers powers and and the any Powers of any performance of the performance Powers ofof or any person Authority or any person the Authority entry entry and and duties conferred duties conferred or imposed imposed byby this this Act, Act, the inspection inspection acting on behalf acting behalf of of or under under the the direction direction of of that that Authority may- Authority may- (a) enter enter upon upon any any land, land, building building or or premises premises at at all reasonable all reasonable times and times and remain remain for for such such period reasonably be may reasonably as may period as be necessary for the necessary the inspection inspection or or performance performance ofof any work; any work; (b) examine, examine, open open up or or cause cause toto be be opened opened up up and and examined examined any sanitary convenience, any sanitary convenience, sewer, sewer, drain, drain, septic septic tank, tank, soil-pipe soil-pipe or any any other other fitting fitting or or thing thing connected connected with with the the drainage drainage system system of of any any building building or or any any land land as as may may reasonably reasonably be necessary be necessary for the the inspection inspection or or performance performance of of any any work; work; and and (c) c) temporarily temporarily close close any any street street or or thoroughfare thoroughfare to to vehicular for vehicular for such such period period as may may reasonably reasonablybe be necessary necessary for for the the inspection inspection or or performance performance of of any any work. work. 66 N0.1 Public Health 2009 (2) Any (2) officer to authorized officer allow an authorized refuses to allow person who fails or refuses Any person enter any enter (1), subsection (1), under subsection required under premises or land as required building, premises any building, obstructs or obstructs performance of person in the performance hinders such person or hinders under duties under his duties of his this Act, this not fine not liable to a fine conviction is liable upon conviction offence and upon commits an offence Act, commits exceeding five exceeding term imprisonment for a term shillings or to imprisonment thousand shillings hundred thousand five hundred such fine and both, such months or to both, three months exceeding three not exceeding not imprisonment. and imprisonment. Notices Notices 119.-(1)

119.-(1) Notice may be Act may this Act under this documents under other documents Notice or other be and and documents documents Authority. the Authority. of the officer of authorized officer of an authorized signature of authenticated by the signature authenticated (2) be to be authorized to required or authorized documents required other documents orders and other Notices, orders (2) Notices, them to delivering them served by delivering this Act may be served under this served under served the at the or at to or addressed, or respectively addressed, they are respectively whom they person to whom residence of the person residence or delivering by delivering premises, by of a premises, occupier of owner or occupier addressed to the owner where addressed where premises. the premises. on the person on adult person tiue copy, to any adult them or its true them with served with be served can be who can premises who the premises nobody on the there is nobody Where there (3) Where may be document may notice or document the notice documents, the other documents, notice or other a notice by served by be served premises. the premises. of the part of conspicuous part some conspicuous affixing it on some affixing (4) The registered by a registered served by be served also be may also documents may notices or documents The notices mail and it shall mail shall be sufficient other or other order or notice, order the notice, that the prove that sufficient to prove document document was properly properly addressed addressed and and posted. posted. Powers Powers 120.-(1)

120.-( 1) The Minister Minister may, in consultation consultation with withthe responsible Ministerresponsible the Minister of the government,~ local government, for local Minister for environment environment and and the responsible for Minister responsible the Minister ~ Minister to make make regulations for the regulations the better better carrying carrying out out of purpose of the purpose of the Act. this Act. of this Regulations \ations (2) Without Without prejudice prejudice to the the generality Minister the Minister 1), the subsection ((1), ofsubsection generality of may make regulations prescribing for- may make regulations prescribing for- (a) the the treatment treatment and and disposal sewage; of sewage; disposal of (b) the the operation operation and system; sewerage system; of sewerage maintenance of and maintenance (c) c) standards standards for for allowed be to be effluents to sewage effluents of sewage levels of allowed levels discharged discharged into into water bodies; or bodies; causes or water causes (d) the the control contro.l of ofmaximum maximum level level of ofsewage water into water effluents into sewage effluents courses or bodies; courses or bodies; (e) e) the the protection protection of ofpublic public sewers; sewers; .N0.1 Public Health 2009 67 private and of private maintenance of and maintenance supervision and thesupervision (f) the (f) public sewers; and public sewers; drainage systems between drainage connection between and connection communicationss and thecommunication (g) the (g) systems sewers and and sewers and between sewers; and between sewers; the drainage (h) the (h) premises, and streets and premises, places, streets public places, ofland, public drainage ofland, and stonn water water, storm foul water, of foul disposal of the disposal the water; sub-soil water; and sub-soil water and (i) the (i) of plans, preparation of the preparation materials, execution, of materials, specification of plans, specification execution, construction and construction inspection; and inspection; G)G) testing testing of sewerage and of sewerage latrines, septic drainage works, latrines, and drainage tanks, septic tanks, soakage pit, soakage filters and trickling filters pit, trickling lagoons; sewage lagoons; and sewage (k) the (k) preparation of the preparation inspection construction, inspection execution, construction, plans, execution, of plans, and testing and testing of the and the latrines and works, latrines drainage works, sewerage and drainage of sewerage materials materials to to be construction; for its construction; used for be used (1) the (l) the issuance issuance of making of adherence to making notices, adherence of notices, sections, plans, sections, ofplans, specifications specifications andand written relation particulars in relation written particulars to sewerage sewerage and drainage and drainage works, works, latrines latrines and conveniences; sanitary conveniences; and sanitary (m) fonns, (m) forms, charges health; public health; relating to public charges and fees relating (n) steps (n) steps to to be taken when when a latrine, latrine, pit latrine pit latrine ventilatedpit latrine, ventilated pit latrine, or other or other sanitary sanitary appliance appliance becomes becomes foul or overused misused, overused or misused, or overflowing; or overflowing; or (0) the (o) the provision provision for a household sanitary approved sanitary have approved to have household to latrines. latrines. (3) Where (3) Where similar similar regulations regulations have have been been made written other written under other made under ' laws in Mainland laws Mainland Tanzania Tanzania concerning concerning public public health conflictingthe and conflicting health and the execution of powers execution of powers conferred, conferred, the the provisions provisions under under this thisAct Act shall shall prevail. prevail. ((4) Regulations Regulations made made under under this this section section may may prescribe prescribe for penalties for penalties for an offence consisting of the breach or contravention of for an offence consisting of the breach or contravention such of such regulations not regulations not exceeding exceeding oneone million million shillings shillings or or to to imprisonment imprisonmentnot not exceeding twelve months exceeding twelve months or to or to both, both, such such fme fine and and imprisonment. imprisonment.

121. Every

121. Every Authority Authority shall shall have have the the duty duty to to take take necessary necessary and and Supply Supplyofof safe safewater water practicable measures practicable measures for-for- (a) ( a) preventing preventing any any pollution pollution and andcontamination contaminationtotoany supplyofof anysupply water water which which the the public public within withinthe theauthority authorityhas hasaaright use, righttotouse, and uses the and uses the water water for for drinking drinking or ordomestic domestic purposes purposes whether whether 68 N0.1 Public Health 2009 such supply such supply isis derived derived from from sources sources within withinororbeyond beyonditsits jurisdiction; and jurisdiction; and (b) purifying (b) purifyingany anysuch suchsupply supplyof ofwater waterwhich whichhas hasbecome becomepolluted polluted or contaminate d, and to take measures against any or contaminated, and to take measures against anyperson person polluting or polluting or contaminati contaminatingngsuch suchsupply. supply. Powers Powers of 122.-(1) Where Where thethe Authority Authority isis satisfied satisfied with of 122.-(1) with aa report report from from the the the the Authority authorized officer that a well or authorized officer that well orother othermeans meansof ofsupply supplyof ofwater waterisispolluted polluted Authority to issue to issue or contaminated or contaminated and and isis therefore therefore injurious, injurious, hazardous hazardous or ordangerous dangeroustoto orders health it it may, by orders health by a notice, notice, order order for for the the closure closure of ofthe the well well oror other other means of supply of water. means of supply of water. (2) Any Any person person aggrieved aggrieved byby any any such such order ordermay, may,within withinthetheperiod period specified therein, specified therein, appeal appeal to a district district court courtwithin withinthe the jurisdiction ofsuch jurisdiction of such supply. supply. Offences Offences 123. Any person

123. Any person who who fouls, fouls, obstructs obstructs or or causes causes to to be be fouled fouled or or and and penalties obstructed obstructed any supply or means supply means of of supply supply of ofwater water for for persons persons or oranimals, animals, penalties commits an commits offence and shall an offence shall upon upon conviction conviction shall shall be be liable liableto to aa fine finenot not exceeding exceeding one one million shillings or to imprisonment imprisonment for a term not exceeding for term not exceeding twelve months or twelve months or to to both. Tampering Tampering 124.-(1)

124.-( 1)A person shall not A person not tamper with tamper or or build build any any structure structure on on aa soak soak with soak soak pits, pits, etc. etc. pit, pit, cesspit cesspit or or any any similar similar structure. structure. (2) (2) Any person who contravenes Any person contravenes the provisions provisions ofof subsection subsection (1(1),), commits commits anan offence offence and and upon upon conviction shall be conviction shall be liable to a fine not liable to a fine not exceeding exceeding one one million million shillings or to imprisonme shillings or imprisonmentnt for for aa term term of oftwelve twelve months months or or to to both. both. Interference Interference 125.-(1)

125.-(1) A A person person shall shall not not build build or or develop develop any any area area designated with designated withwaste waste water water specifically specifically for for waste waste water water treatment treatment works. works. treatment treatment area area (2) Any (2) Any person person who who contravenes contravenes the the provisions provisions of of subsection subsection (1) (1) commits commits anan offence offence and and upon upon conviction conviction shall shall be be liable liable to to aa fine fine not not exceeding two exceeding twomillion million shillings shillings or orto to imprisonmen imprisonmentt for for aa tenn term not not exceeding exceeding twelve months twelve months or orto to both. both. N0.1 Public Health 2009 69 (g) Cemeteries and Crematoria

126.-( 1) The

126.-(1) The Authority Authority may, by an order order published published in the Gazette, Gazette, Powers Powers of the designate a sufficient designate sufficient area area to serve serve as burial burial sites. sites. Authority Authority to (2) A permit for burial sites shall be obtained from the Authority. designate burial burial sites Where necessity (3) Where necessity arises arises to allow allow private private agents, agents, companies companies or organizations to run burial organizations burial sites, sites, agents, agents, companies companies or organizations organizations shall shall apply for a permit apply permit from from the Authority Authority and follow follow other other procedures procedures laid laid down by down by the Authority Authority or any any other other written written law law in respect respect of of acquisition acquisition of land of land and the performance performance of of such such activity. activity. Where a burial (4) Where burial site site has been been designated- designated- dead bodies (a) dead bodies shall shall not not be buried buried in that that burial burial site site without without a burial permit burial permit from the authority; authority; (b) dead dead bodies bodies shall shall not not be buried buried less than than two two meters below meters below ground adjoining the ground adjoining the the grave; grave; (c) a person person shall not bury bury or otherwise otherwise dispose dispose of of a corpse corpse without without having a burial having burial permit permit issued issued by the Authority. Authority. Every cemetery (5) Every cemetery shall shall- - properly fenced; (a) be properly fenced; have attendants (b) have attendants employed employed to guide guide people people during burial during burial ceremonies; ceremonies; (c) c) have have sufficient sufficient number of toilets number of toilets for both both sex; (d) have have adequate adequate water water supply; supply; (e) have office to be used have an office used by a cemetery cemetery supervisor; supervisor; divided into (f) be divided into sub divisions divisions according according to religious religious groups; groups; have access, (g) have access, permanent permanent road road and parking parking space; space; located one (h) be located one hundred hundred metres metres down down hill hill from from water water source; source; (i) be planned planned and and designated designated in such such a way way that that it may may serve serve thirty years; for thirty years; and and G) have have any any other other cemetery cemetery specification specification as the Minister Minister may, may, order published by order Gazette, prescribe. published in the Gazette, prescribe. 70 N0.1 Public Health 2009 Every Village (6) Every Village Authority Authority established established under under the Village Village Land Land Act Act shall designate shall designate a burial burial site within within its area of jurisdiction area of jurisdiction where where dead dead bodies shall bodies buried upon shall be buried upon obtaining obtaining a permit permit from from the the Authority. Authority. The Authority (7) The Authority shall shall keep keep and and maintain maintain a reasonable reasonable distance distance between the burial between burial sites sites and residential residential areas areas a dwelling dwelling house house and source source of water. of water. Notifi- Notifi- 127.-(1) The

127.-(1) The Authority Authority may notify, notify, by a publication publication in the Gazette Gazette and and cation of cation closure of any local any local newspaper newspaper circulating circulating in the area, area, notice notice boards area or boards on the area burial any other any other method method which which may may be considered considered fit of of a closure closure of of the burial burial grounds ground. ground. person who buries (2) A person buries any corpse remains of corpse or remains of any any corpse corpse in the the closed burial closed burial ground ground commits commits an offence offence and and upon upon conviction conviction shall shall be liable to a fine not liable not exceeding exceeding five hundred hundred thousand thousand shillings shillings or to imprisonment for a term imprisonment term not not exceeding exceeding six months months or to both. both. Reimburse- Reimburse- 128. All reasonable 128. reasonable expenses expenses incurred the Authority incurred by the Authority as a result result of of ment of ment of expenses to expenSes any default any default in complying complying with with any order order or notice notice issued issued under under this this Part Part the the shall be deemed shall deemed to be money money paid paid for the use use and and at the the request request of of the Authority Authority person on whom person whom the order order or notice notice was was made, made, and and shall shall be recovered recovered him at the suit of from him of the Authority Authority as a civil debt debt recoverable recoverable summarily. summarily. (h) Funeral Homes, Mortuaries and Coffins Business Licensing Licensing 129.-(

129.-(1) 1) A person person who who intends intends to operate operate a funeral funeral home home mortuaries mortuaries of funeral under- under- or coffins coffins business business shall shall apply licence from the Authority for that apply for a licence from the Authority that takers takers purpose. purpose. licence shall (2) A licence not be granted shall not granted by the Authority Authority until until the Authority Authority satisfied that is satisfied that the undertaker- undertaker- has a qualified (a) is or has qualified health health personnel; personnel; and and (b) has has the facilities facilities appropriate work. appropriate for the work. Notwithstanding subsections (3) Notwithstanding subsections (1) and (2), no person person shall shall display display a coffin coffin at a public place public place for purpose of inviting customers. purpose of inviting customers. N0.1 Public Health 2009 71

130. The

130. Authority may The Authority permit any may permit maintain or Power establish, maintain person to establish, any person Power ofof the mortuary, coffin manage aa mortuary, manage within its Authority home within funeral home centers or a funeral selling centers coffin selling ~:thority area. area. permit to permit the the establishem:nt es1ablishem:nt of of mortuaries. mortuari coffin coffin selling selling and centrers and centrers funeral funeral homes homes

131. In exercising 131. shall Location Authority shall the Authority upon it, the conferred upon powers conferred exercising the powers Location of of allocate or approve allocate or approve the location location of such mortuaries, mortuaries, coffins coffins selling selling centers centers mortuaries mortuaries and funeral and funeral homes homes taking talcing into consideration subsections and funeral of subsections provisions of consideration the provisions funeral homes homes section 126. (4) and (5) of section (3), (4) (3),

132. The Minister

132. Minister may may make for- prescribing for- Regulations prescribing make Regulations Regulations Regulations respect in respect in (a) the conduct (a) conduct and qualification and of undertakers; and funeral undertakers; of funeral qualification of funeral of funeral mortuaries; mortuaries; homes homes (b) the transportation transportation of of corpses; corpses; (c) the manner manner of of selling articles; related articles; and related coffins and of coffins selling of (d) the standards standards and and specifications specifications of of mortuaries; and mortuaries; and (e) the standards standards and and specifications specifications of of funeral homes. funeral homes.

133. The The Authority Authority shall shall make, make, by-laws, of Powers operation of governing operation by-laws, governing of Powers of , mortuaries mortuaries and and funeral funeral homes. homes. the the Authority Authority PART V make to make to PARTY by-laws by-laws FOOD, FOOD FOOD, FOOD HYGIENE, HYGIENE, NUTRITION NlITRITION AND AND MARKET MARKET PLACES PLACES (a) Food Food and Food Food Hygiene Hygiene

134. The The Minister Minister shall shall make make Regulations Regulations inin respect respect of ofthe treatment Treatment the treatment Treatment disposal and disposal and and disposal disposal of of unfit unfit food food to protect protect the the public public from imported ofof or imported locally or from locally unfit unfit manufactured food manufactured food which which - food food (a) is unfit (a) unfit for for human human consumption; consumption; (b) is suspected suspected of ofbeing being unfit unfit for for human human consumption; or consumption; or 72 N0.1 Public Health 2009 (c) c) have have been been condemned condemned by any court court or otherwise otherwise determined determined authorized officer by an authorized officer to be unfit unfit for human human consumption. consumption. Approval Approval ·. 135.-(

135.-( 1) A premise premise shall shall not not be used used as a slaughter slaughter facility facility unless unless it of slaughter slaughter has been has been approved approved and and constructed constructed in accordance accordance with with the the plans plans facility facility previously approved previously approved in writing writing by the Authority. Authority. ·. The Authority (2) The Authority shall shall prescribe prescribe by-laws by-laws for the the requirements requirements to be fulfilled by an owner fulfilled owner or occupier occupier ofof a slaughter slaughter facility. facility. The Authority (3) The Authority shall shall prescribe prescribe for - hours during (a) hours during which which slaughtering slaughtering may may take take place; place; and and fees to be paid (b) fees paid by the owner owner or occupier occupier in respect respect ofof the the service or inspection service inspection of of meat meat or slaughter slaughter facility facility carried carried out out behalf of by or on behalf of the Authority. Authority. Records 136. The

136. The Authority Authority shall shall prescribe prescribe for- (a) records records to be kept kept at a slaughter slaughter facility facility abattoir; abattoir; and and the type (b) the type of of reports reports to be filed filed by the owner owner or occupier occupier of of a slaughter facility. slaughter Inspection Inspection 137. Subject

137. Subject to the provisions provisions of of the Meat Meat Industry Industry Act, Act, the the Authority Authority meat of meat and shall make shall make necessary necessary procedures procedures to ensure ensure that that all meat meat or poultry poultry poultry poultry intended for intended for human human consumption consumption is inspected inspected both both at the ante ante mortem mortem Cap. 421 and post and post mortem. mortem. The Authority (2) The Authority may may make make by-laws by-laws prescribing prescribing for- (a) the the examination examination of of carcasses carcasses derived derived from from animals animals marked marked "SUSPECT"; as "SUSPECT"; the evidence (b) the evidence of of diseases; diseases; and (c) c) the the branding branding of of carcasses. carcasses. Registration Registration 138. A person 138. person shall, shall, for purpose purpose ofof compliance compliance with with public public health health of food manufa- manufa- matters, matters, not engage engage in food manufacturing manufacturing within within the area area of of the Authority Authority cturers cturers without being without being registered registered by the licensing licensing authority. authority. Register Register 139. The

139. The Authority Authority shall shall keep keep and and maintain maintain a register register of of food food of food of manufacturers operating manufacturers operating within within its area area containing- containing- manufa- manufa- cturers cturers NO.I Public Health 2009 73 of the premises of the premises of the location of and location address and name, address the name, (a) the (a) the manufactu rer; manufacturer; themanufactu which the onwhich dateon thedate (b) the (b) rer was manufacturer licensed to was licensed conduct to conduct byaalicensing business by hisbusiness his authority; and licensing authority; and out the carrying out of carrying purpose of thepurpose forthe details for otherdetails anyother (c) any (c) functions the functions thisAct. ofthis of Act. · not manufactu is not food is that food ensure that shall ensure Authority shall TheAuthority

140. The 140. except Place red except manufactured of Place of . preffilses .mm . . regis . . te dd . . da d .. h hI' 1evant . wntten 1aws. Manufac- Manufac- of prermses regtstere mm accor nee wit accor ance re WIt re evant wntten aws. turing turing of food food

141. The 141. that all ensure that shall ensure Authority shall The Authority for Mainte- registered for premises registered all premises Mainte- foodmanufactu food manufacturing adhere to and adhere maintain and ring maintain to the prescribed public health prescribed public health ndanhce and ndanhceand erence aa erence standards throughou standards throughoutt the registration.n. of registratio duration of the duration public of public of health health standards standards food by food by manufa- manufa- cturers cturers

142. Without

142. Without prejudice prejudice toto any conferred to power conferred imy power person or any person to any or Labeling Labeling nd authority by any other written authority by any other written law, the Authority Authority shall, shall, within within its its area area a ~nd . importation Importation ensure for- ensure for- of food of food additives · f£ d£ ( a ) 1ab e1mgo 00 orpu bl' .. d' ion is done lcconsumptlonls public consumpt dan in accordanc onemaccor cee additives (a) labeling of food for with any with any relevant relevant written written law; law; and and (b) importatio (b) importation,n, sale, sale, offer offer of of food food for for sale of exposure of any exposure or any sale or food for food for sale, sale, comply comply with with prescribed prescribedpublic publichealth standards healthstandards and procedures. and procedure s.

143. The

143. The Authority Authority may may make make by-Iaws- by-laws- By-laws By-laws (a) prohibitin (a) prohibitingg the the manufacturing manufacturingandandsale saleof ofadulterated adulteratedfood; food; (b) allowing (b) allowing seizure seizure and and disposal disposal of ofcarcass slaughtered carcass ofofslaughtered animals which after examination are found to bediseased animals which after examination are found to be diseased or unfit or oofit for for human consumption; human consumpt ion; ((c) ensuring ensuring milk milk and and any any milk milkproduct product intended intendedfor forhuman human consumption consumption complies complies with with prescribed prescribed standards; standards; (d) (d) ensuring ensuring that that an an animal animal isisnot notslaughtered slaughteredwithwithintent intentfor for sale or used by a cross-section sale or used by a cross-sect ion of of the the public publicexcept except in in accordance with prescribed health standards; accordance with prescribed health standards; 74 N0.1 Public Health 2009 (e) ensuring ensuring that that transport, transport, storage, storage, packaging, packaging, marking marking of of any any food intended food intended for public public consumption done in strict consumption is done strict observance of observance of sanitary sanitary and and clean clean conditions conditions and and practices practices and in wholesome and wholesome methods; methods; (f) ensuring ensuring that that every every person person who who works works in a slaughter slaughter facility facility or in a cold cold store store or employed employed to carry carry meat meat or meat meat products from a slaughter products slaughter facility facility or cold cold store store to a vehicle, vehicle, reports certain reports certain prescribed prescribed diseases diseases and and conditions conditions he is suffering from; suffering ensuring every (g) ensuring every person person working working in the the slaughter slaughter facility facility undergoes a routine undergoes routine medical medical check check up after after every every six six months; months; ensuring prescribed (h) ensuring prescribed cases cases of of food food poisoning poisoning are reported; reported; (i) ensuring ensuring the inspection inspection and and control control of of infected infected food; food; G) furnishes furnishes general general powers powers to authorized authorized officers officers to examine examine and seize and seize any any food food which which is, or which which appears appears to him him to be intended for human intended human consumption, consumption, and and if if it appears appears to him him unfit for human to be unfit human consumption; consumption; andand requiring any (k) requiring any person person to comply comply with with any any order order calling calling for information regarding information regarding the the composition of substances composition of substances in and food; and (1) (1) prescribing prescribing for general general provision provision for the good good performance performance and effective and effective carrying carrying out out of of the the provisions provisions of of this this Act. Act. (b) (b) Shops, Supermarkets Supermarkets and Market Market Places Places Establish- Establish- 144.-(1) The The Authority Authority shall shall set aside aside areas areas within within its jurisdiction jurisdiction to ment of ment markets, markets, establish, build, establish, build, operate and manage operate and manage shops, shops, supermarkets supermarkets andand markets markets supermar- supermar- or allow allow any any person person to do so on conditions conditions to be prescribed prescribed by it. kets and shops shops Shops, supermarkets (2) Shops, supermarkets or markets markets established established under under subsection subsection (1) may be set may set specifically specifically for certain certain type type of of trades, trades, as the the Authority Authority may may consider fit. consider Markets, Markets, 145. A person person shall shall not, not, without without a permit permit of of the the Authority- Authority- shops etc not to be establish, build, (a) establish, build, operate operate or manage manage a market market shop shop or established established without without supermarket; supermarket; permission permission from the Authority Authority N0.1 Public Health 2009 75 any land, of any occupier of or occupier lessee or owner, lessee the owner, bethe (b) be (b) market, permit a market, land, permit shop or supermarket to be established; shop or supermarket to be established; or (c) maintain or (c) maintain supermarket shop or supermarket market, shop conduct aa market, or conduct established in established of the breach of in breach provisions of this Act. the provisions 146. person who Any person

146. Any contravenes any who contravenes provisions of of the provisions any of section Penalty of section Penalty commits an 145commits 145 and upon offence and an offence of liable to a fine of shall be liable conviction, shall upon conviction, than one less than not less not shillings or million shillings one million imprisonment for a term to imprisonment or to not term not months or twelve months exceeding twelve exceeding imprisonment. such fine and imprisonment. both, such to both, or to

147. A

147. Apermit permit or unless itit Conditions Authority unless issued by the Authority shall not be issued licence shall or licence Conditions is satisfied is satisfied that- that- issuance for issuance for permit of aa permit of (a) the (a) the shop, located at a site market is located supermarket or market shop, supermarket allocated or licence site allocated licence for that for that purpose; purpose; (b) the (b) the building building plans plans of the market approved; been approved; have been market have ((c) necessary health c) necessary health requirements requirements have complied with, been complied have been with, including- including- (i) compliance (i) compliance with health health regulations regulations pertaining pertaining to type the type to the of trade of trade to be conducted; conducted; (ii) provision (ii) provision of adequate adequate and appropriate facilities; sanitary facilities; appropriate sanitary (ill) provision (iii) provision of safe andand adequate supply at water supply adequate water times all times at all at prescribed prescribed points; points; (iv) provision (iv) provision ofof proper proper and and efficient waste liquid waste and liquid solid and efficient solid collection and collection and disposal disposal arrangements; arrangements; (v) compliance compliance withwith building building regulations; regulations; (vi) proper proper and adequate adequate provision of provision of natural natural or artificial or artificial ventilation and ventilation and lighting lighting arrangements; arrangements; (vii) proper proper and adequate adequate facilities facilities for for fire fire fighting, accidents fighting, accidents and safety precautions; and safety precautions; (viii) environmental (viii) environmental protection protection issues; issues; and and (ix) any any other other health health requirements requirements as as may may be be determined determinedby by the Authority. the Authority.

148.-(1) 1) The The Authority Authority shall shall have have powers powers to to close close any any shop, shop, Closure Closure ofof supermarket supermarket or or market market and and withdraw withdraw the the permit permit or or licence licence issued, issued, upon upon shops, shops, being satisfied that it operates contrary to the provisions of this being satisfied that it operates contrary to the provisions of this Act and Act and ~~~e:;r- ~~~e:;r- the shop, the shop, supermarket supermarket and and the the market market shall shall remain remain closed closed until until the the markets, markets, Authority is satisfied that all defects have Authority is satisfied that all defects have been been rectified rectified to toits its satisfaction. satisfaction. :~hdrawal :~drawal ofoflicences licences and and permits permits 76 NO. I Public Health 2009 Any person (2) Any person who who contravenes contravenes subsection subsection (1) commits commits an offence offence and upon conviction, shall and upon conviction, shall be liable liable to a fme of not less than one million of not less than one million shillings or to imprisonment shillings term not imprisonment for a term not exceeding exceeding six months months or to both, such both, such fine and and imprisonment. imprisonment. (3) Subjectto ectto the the provisions provisions ofof subsections (I) and subsections (1) and (2), the the Authority Authority shall give shall give a thirty thirty days days written written notice notice to the the proprietor proprietor requiring him to requiring him with health comply with comply health standard standard relating relating to shops, shops, markets, markets, supermarkets supermarkets and similar and similar establishments establishments Powers of 149. The

149. The Authority Authority may may make make by- by- laws laws prescribing prescribing for - the the Authority Authority (a) (a) regulation regulation of of shops, shops, supermarkets, markets and supermarkets, markets and their their make to make buildings, keeping buildings, keeping order, order, preventing preventing obstructions obstructions and and by-laws by-laws maintaining maintaining cleanliness; cleanliness; goods which (b) goods may be sold which may sold and other other specific specific conditions; conditions; (c) c) conditions conditions under under which which goods goods may may be be brought brought into into the the markets, shops markets, shops and supermarkets; supermarkets; (d) layout of stalls layout of stalls for sale of of different different articles; articles; (e) prohibition prohibition of of sale sale of of articles articles or activities activities that that may may impair impair proper management proper management ofof markets, markets, shops shops and and supermarkets; supermarkets; regulations in respect (f) regulations respect of of fire and safety safety requirements; requirements; (g) setting setting of of times times and and days of of operation; operation; (h) service service charges; charges; (i) governin~ governin~ of of the the good good performance performance of of markets, markets, shops shops and and supermarkets; and supennarkets; (j) general general provision provision for the the good good performance performance and and effective effective carrying out carrying out of of the the provisions provisions of of this this Act. Act. PART VI INSTITUTIONS GENERALLY INSTITUTIONS GENERALLY (a) (a) Lodgings, Hotels and Guest Houses Lodgings, Lodgings, 150.-(1) A person

150.-(1) person shall shall not not operate operate a lodging, lodging, hotel hotel or guest guest house house hotels and without obtaining without obtaining a licence licence from from the Authority. Authority. guest houses houses N0.1 Public Health 2009 77 of hotels, construction of for construction areas for designate areas shall designate Authority shall TheAuthority (2) The (2) hotels, similar establishme and similar lodgings and houses, lodgings guesthouses, guest nts far from residential establishments far from residential areas. areas. to aa lodging, building to residential building any residential convert any not convert shall not person shall (3)AAperson (3) lodging, without the establishmentnt without similar establishme oraasimilar house or guest house hotel, guest hotel, consent of the consent of the the Authority. Authority. or guest keeper or hotel keeper keeper, hotel lodging keeper, (4)AAlodging (4) not shall not keeper shall house keeper guest house receive into receive guest house or a similar establishment aa or guest hotel or lodging, hotel into aalodging, house or a similar establishme nt greater number greater number of the number than the persons than ofpersons prescribed been prescribed which has been number which bythe by theAuthority. Authority. (5) Every (5) shall establishmentnt shall similar establishme or aa similar house or guest house hotel, guest lodging, hotel, Every lodging, be inspected be inspected by by the authorized officer the authorized purpose. that purpose. designated for that officer designated (6) Any (6) Any person person who who is guest hotel, guest lodging, hotel, service in a lodging, rendering service is rendering house or house or aasimilar establishmentnt shall similar establishme shall be required required to undergo a medical undergo medical examination prior examination prior to to his every after every and after service, and engagement into such service, his engagement sixmonths. six months. (7) A (7) Aperson person who who contravenes provisions of contravenes the provisions commits section commits this section of this an offence an offence and and upon upon conviction, liable shall be liable conviction, shall to a fine of not one less one fine of not less hundred thousand hundred thousand shillings shillings and not exceeding one not exceeding or shillings or million shillings one million imprisonment imprisonment for for a a term term of of six months months or to both." both." (b) Hair (b) Hair Dressing Dressing Salons, Beauty and Barbershops and Beauty Salons, Barbershops the like

151.-(1) The

151.-(1) The Authority Authority shall shall register register and and license for Hair used for premises used license premises Hair hair dressing salons, beauty salons, hair dressing salons, beauty salons, barber barber shops shops and and the the like. like. dressing dressing salons, salons, beauty beauty (2) The (2) The Authority Authority shall shall not not register register or or grant grant licence persontoto salons, anyperson to any licence to salons, operate aa hair operate hair dressing dressing salon, salon, beauty beauty salon, salon, barbershop barbershop and like, barbersh~ps the like, and the barbersh~ps un 1ess tha t person h as comp I.,d wi Ie WI'th 'th t h' he . requIrements ts as as proVl'd'deedd££or provi or andthe and hke thehke un1ess that person h as comp11e t e requiremen under this under this Act. Act.

152. The

1S2. The Authority Authority shall shall ensure ensure that that an an owner owner of of aa hair dressing Sanitary hair dressing Sanitary salon, beauty salon, barbershop and the like ensure that premises salon, beauty salon, barbershop and the like ensure that premises used used measures measures for that for that effect effect -- (a) has (a) has sufficient sufficient water water supply; supply; (b) (b) has has efficient efficient means means ofofstorage storageand anddisposal disposalofofhair, hair,hair hairwigs, wigs, braids braids or or similar similar things, things, etc.; etc.; 78 NO. I Public Health 2009 ((c) c) maintains maintains cleanliness cleanlinessof ofpremises; premises; (d) d) maintains maintains cleanliness cleanlinessof ofinstruments instrumentsincluding includingtowels, towels,combs, combs, scissors and scissors and blades; blades; (e) e) has has safety safety precautions precautions regarding regardinghair hair drier~ drier~ and and steamers; steamers; (f) uses (t) uses facilities facilities which which may may not notcause cause injury injurytotothe the customer; customer; (g) has has adequate adequate ventilation; ventilation; has adequate (h) has adequate lighting; lighting; (i) has has adequate adequate sanitary sanitary provision provision for for staff staff and and customers; customers; G) has has adequate adequate and and approved approved supply supply of ofantiseptics; antiseptics; (k) uses only permitted uses only permitted chemicals chemicals for for the the treatment treatment of ofskin skinand and hair, hair; (I) extinguishers; (1) has fire extinguishers; (m) maintains maintains sterility sterility of of instruments instruments and and other other utensils utensils and and materials; materials; (n) (n) has first facilities; and first aid facilities; and (o) causes medical (0) causes medical examination examination for for its its staff staff to to be be made made after after every six months. every months. Inspection Inspection 153.-(1)

153.-(1) The The Authority Authority shall shall regularly regularly inspect inspect beauty beauty salons, salons, of of hair hair dressing dressing barbershops and barbershops and the like to ascertain ascertain for the the compliance compliance of of this this Act. Act. salons, salons, beauty beauty (2) Where the (2) Where Authority discovers the Authority discovers the the operation operation ofof the the hair hair dressing dressing salons, salons, salon, salon, beauty beauty salon, salon, barber barber shop and the like is in breach breach of the provisions of the provisions barber barber of of this this Act, Act, shall shall close close that that hairdressing hairdressing salon, salon, beauty -shops 'shops and and beauty salon, salon, barber barber shop shop the the like like or or the the like. like. (3) Subject (3) Subject to to the the provisions provisions of of subsection subsection (1) and and (2), (2), the the Authority Authority shall give shall give aa thirty thirty days days written written notice notice to the proprietor proprietor requiring requiring him him to to comply with comply with health health standard. standard. Offences Offences and and 154.

154. Any Any person person whowho contravenes contravenes the provisions provisions ofof this this Sub-Part Sub-Part penalty penalty commits commits anan offence offence andand shall shall be be liable liable upon upon conviction conviction to to aa fine fine not not exceeding one million shillings or to imprisonment for a term not exceeding exceeding one million shillings or to imprisonment for a term not exceeding sixmonths six months or or to to both. both. Public Health 1009 79 N0.1

155.The

155. TheMinist makeregula maymake er may Minister theeffecti forthe tions for regulations ve operat effective ion Powers of operation Powers of hairdressin hair shops or barber shops salons,, barber beautysalons salons,beauty g salons, the like includ ing :7nister to ofof dressing or the like including ~7nister to ted chemi permitted permit cals, shamp chemicals, ooing materi shampooing soaps and als, soaps materials, any other and any other make make als used for that purpos e. ~egulations ents and equipments equipm materi and materials used for that purpose. ~egulations m respect In respect of salons of salons (c) Swimming Pools, Public Bath and Massage Parlours Applica tion public bath, operatee aa public or operat build or intendss totobuild whointend person who Anyperson ) Any

156.-(1)

156.-(1 bath, Application for public swimm public parlour or massage parlou pool, massag ing pool, swimming to the apply to shall apply sauna shall or sauna the for establish- establish- Authority. ment of Authority. ment of public public (2)Every (2) meet standa shall meet made shall application made Everyapplica tion and require rds and standards ments :~~ing requirements ::~n g the minim with the mity with um standa and pools, rds and pools, issued bythe issued by theAutho Authority rity ininconfor conformity minimum standards requirements require prescribed ments prescr ibed by the Minist bythe and accom er and Minister panied by accompanied by -_ saunas, saunas, massage massage parlours and (a) plans (a) planssuch suchasasproper properly ioned drawin dimensioned ly dimens location,n, parl~urs showingg locatio gs showin drawings bathing and 1ayout, e1 · evatlon elevati on 0 fth the .. swimm ing 1 pools, saunas , ·1 toilets, of e swnmnmg poo saunas, tOt ets, s ower places h showe r bathmg places layout, rooms, changi rooms, changing rooms, water ng rooms, supply and water supply piping , draina ge piping, and drainage re-circulation re--circ equipment ulation equipm and plumb ent and plumbing accompanying g of accom ing of panyin buildings; buildin gs; (b) data (b) data such such asas the the name name of of the owner, buildin g and owner, building designer,er, and design type and location of the type and locatio n of the swimm swimminging pool, pool, water water replac ement replacement time, re-circ time, re-circulation chemi cal physical,al, chemical and ent, physic equipment, ulation equipm and bacteriological bacteri analysisis of ologic al analys of source source of water; ofwater; ((c) provision for c) provisi for disinfe disinfection ction and chemic fencing, filtration,n,fencing, used, filtratio chemicalalused, rescuingg equipm rescuin equipment, ent, skilled personnel skilled person and lighting;g;and and lightin nel and (d) adequ (d) adequate changing ate chang ing rooms, rooms , shower rooms and showe r rooms sanita ry and sanitary accommodation separate accom modati on separa te for for males males and and females. female s.

157.-(1) 157 The Author .-( The Authority ity may may -- Closureofof Closure public public (a) close down (a) close down aa public bath, sauna, public bath, sauna, massage massag eparlour parlou or r swimming or swimm ing bathes, bathes, pool, when when it it does does not notcomply compl ywithwiththetheprovisions provis ionsofofthis thisAct; Act; switnml ·ng g swimmin pool, pools, poo s, l or or saunas, saunas, massage (b) stop stop its construction its constru ction if ifit itis issatisfied satisfie dthat that he theprovisions provis ions of this of this:~::~:, parlours , (b) · Act or the conditions attached Act or the condit ions attache d totothe the permit permit are arenot not adhered adhere d etc. etc. to. to. (2) Subject to the provisions of subsection (l), the Authority shall (2) Subjec t to the provis ions of subsec tion (1 ), the Autho rity shall give a thirty days written notice to the proprietor requiring him to comply y give a thirty days written notice to the proprie torrequ iring him to compl with health standard. with health standa rd. 80 NO. l Public Health 2009 Existing 158. An Existing 158. An owner owner oror occupier occupierof ofaapublic publicbath, bath,bathing bathingplace placeororpublic public swinnning swimming swimmin pools, pools, swirruninggpool, pool, whirlpool, whirlpool, sauna, sauna,massage massageparlours parlourshothotspa spawhich whichexist exist public public immedia tely before the date of coming into operatio immediately before the date of coming into operation nofofthis thisAct Actshall, shall, bathes, bathes, saunas, within six months within six months after aftercoming comingintointooperation operationofofthis thisAct, makeapplication Act,make application saunas, massage massage for for inspectio inspectionn to to the the Authorit Authority.y. parlaours, parlaours, etc. etc. Powers Powers of of 159.

159. The Authority shall The Authority shall make makeby-laws by-laws prescrib ingfor prescribing fordesigns, designs,safety safety the the Authority precautio ns, sanitatio n, health measures precautions, sanitation, health measures for for changing changingrooms roomsandandother other Authority toto make make facilities. facilities. by-laws by-laws Conditions 160.-(1) Conditions 160.-(1) A bathing place A bathing place and and a swimming swimmingpoolpool shall shallnot notbe beestablished established for for the the establish- downstr eam or down downstream down current current of of any any known known source source of of waterwhether water whether establish- ment ment ofof domestic , industria l, agricultu ral domestic, industrial, agricultural or or otherwis otherwise.e. bathing bathing places places and (2) (2) Dipping Dipping or washing of or washing of domestic domesticated swinnning and ated animals animals shall shallnot notbe bepermitted permitted swimming within pools, pools, etc. etc. within an an area area of of one one kilomete kilometerr up stream stream of ofa bathing bathingplace placeor a swimming or a swimming pool. pool. Closure Closure of of 161.-(1)

161.-(1) Where- Where- a abathing bathing places, places, (a) (a) there there is is an an event event of swimming of an autbreak autbreak ofof any any infectious infectiou s diseasess diseasess swimming pools pools oror which which isis traced traced to to the the public public bath, swimmingg pool bath, swimmin pool or ormassage massage massage massage purl our as purlour as being being the the source source of the infectious infectious diseases; diseases; or or parlours parlours during during (b) (b) the the bathing bathing place place is is not not maintain maintained ed in in aa hygienic condition,n, hygienic conditio outbreaks outbreaks ofof the the authority authority may may order order closure closure of of the the bathing bathing place place temporarily tempora rily or or infectious infectious permane ntly permanently disease disease (b) (b) the thebathing bathing place place isisnot not maintain maintained in aa hygienic ed in condition,n, hygienic conditio the theAuthorit Authority may may close close the the bathing bathing place place tempora temporarily or permanently. rily or permanently. (2) (2) InIn case case ofof tempora temporaryry closure, the Authori closure, the Authorityty shall shall not not grant grant permissi permission for forthe thepublic public bath, bath, swimmin swimmingg pool pool or or massage massage parlour parlour to to re- re- open open until until necessar necessaryy measure measures havehave been been taken taken into into consider consideration ation to to ensurethat ensure thatthe thereasons reasons for forwhich which the the public public bath bath was was closed closed have have been been eliminated." eliminate d." NO. I Public Health 2009 81 (d) d) Schools Schools and Training Institutions TrainingInstitutions person shall not operate

162. A person operate or manage manage a school school within within the Authority Authority Operation Operation unless that area unless that school school or training training institutions institutions complies complies with with public public health health of schools of requirements as provided requirements provided under under section section 163. The Authority

163. The Authority shall shall permit permit a person person or institution institution to operate operate or Public health health manage a school manage school or any other other similar similar institution institution when when it is satisfied satisfied that- that- require- require- ments ments for of the school location of (a) the location school is appropriate; appropriate; and and operating operating a school, there are provisions (b) there provisions for- etc (i) recreational recreational and and play play ground; ground; (ii) safe and (n) safe and adequate adequate water water supply; supply; (iii) adequate and (in) adequate and proper proper water water closets closets or other other sanitary sanitary accommodation facilities accommodation facilities for staff, staff, pupils pupils and students; students; (iv) first aid; fighting equipment; (v) fire fighting equipment; (vi) adequate adequate arrangements arrangements for for collection, collection, storage storage and and disposal of disposal of solid solid and liquid liquid waste; waste; (vii) kitchen kitchen and and dining dining hall hall where where meals meals will will be prepared prepared provided; and provided; (viii) proper accommodation, (viii) proper accommodation, where where standard standard lodging lodging and and boarding facilities boarding facilities are served; served; (ix) classrooms classrooms and assembly assembly hall hall provided provided with with proper proper and and adequate lighting adequate lighting and and ventilation, ventilation, and and complying complying with with standard safety standard safety requirements; requirements; provisions for people (x) provisions people living living with with disability; disability; (c) other other public public health health requirements requirements and regulations regulations laid down down by Minister have the Minister have been been complied complied with. with.

164.-(1) An authorized

164.-(1) authorized officer officer shall shall make make regular regular inspections inspections of of all Health Health schools ordinatitutions schools ordinatitutions both both public public and private private owned, owned, for the purpose purpose of of infspehctio infspehctioln o SC n sc 00 1Ss 0 enforcing public enforcing public health health requirements requirements and ensuring ensuring the safety safety and and health health of pupils, of pupils, students, students, staff staff and and the the public public in general. general. Where upon (2) Where upon such such inspections, inspections, the authorized authorized officer officer detects detects any any nuisance or health nuisance health defect defect which which needs needs to be rectified, rectified, he shall, shall, by a notice, inform notice, inform the owner owner or manager manager ofof the school school or institutionon institutionon the the existence of existence of the defect defect and and give give instructions instructions to rectify rectify the sample sample within within a prescribed prescribed time. time. 82 N0.1 Public Health 2009 Where - (3) Where- (a) a notice notice under under subsection subsection (2) (2) has has been been served served and and the the management has failed to comply management comply with with the requirements requirements within within prescribed time; the prescribed time; and and the nuisance (b) the nuisance continues continues to exist health hazard exist or health hazard would would affect affect threaten the health or threaten health of of pupils, pupils, students, students, staff staff or the the public public in general, general, authorized officer the authorized officer may may order order the school school or institution institution to be closed closed until the requirements until requirements have have been been complied complied with. with. (4)Anyperson (4) Any who contravenes person who contravenes any of of the provisions provisions of of this this section section commits an offence commits offence and and upon upon conviction, conviction, shall shall be liable liable to a fine not not exceeding one million exceeding million shillings or to imprisonment tenn not imprisonment for a term not exceeding exceeding months or to both. six months both. vn PART VII MISCELI.ANEOUS PROVISIONS MISCELLANEOUS PROVISIONS Protection Protection An action

165. An action or other other proceedings proceedings shall shall not not lie or be instituted instituted by by against against legal person against any person against the the authority, authority, authorized authorized officer officer or other other person person acting acting proceedings proceedings under the direction under direction of the authority ofthe authority or the authorized authorized officer officer or any other other person acting person acting under under powers powers conferred conferred by this this Act, Act, in respect respect of of any any act act thing done or thing done or omitted omitted to be done done or purported purported to be done done in good good faith faith case may as the case may be in pursuance pursuance ofof the functions functions or exercise exercise of of powers powers conferred under conferred under this this Act. Indemnity Indemnity 166. No No matter, matter, thing thing or contract contract entered entered into into by the the Authority, Authority, and and authorized authorized officers officers matter or thing no matter thing done done by an authorized authorized officer officer of of such such Authority Authority or by person acting any person acting on behalf behalf of of or under under the direction direction ofof such such Authority Authority shall, if shall, if the matter matter or thing thing was was done done or the contract contract was was entered entered into into bona fide for the purpose bona purpose ofof executing executing this this Act, Act, subject subject such such Authority, Authority, authorized officer authorized person as the case officer or person case may may be, be, be liable liable to any any action, action, liability, claim liability, claim or demand demand of of any kind. kind. Contra- Contra- Where a contravention

167. Where contravention of of any any of of the the provisions provisions of of this this Act Act or vention vention by a subsidiary legislation any subsidiary legislation is committed committed by any company company or corporation, corporation, a corporate corporate director, secretary director, secretary or manager manager shall shall be held held liable liable for the contravention. contravention. entity, entity, director, director, etc. N0.1 Public Health 2009 83 under the officer under authorized officer Every authorized

168. Every

168. Authority shall the Authority ensure the shall ensure Welfare Welfare of health of health and health welfare and welfare of workers are maintained at all times. health of workers are maintained at all times. workers workers

169.-(1) The

169.-(1) may, after Minister may, The Minister Minister with the Minister consultation with after consultation Worker's Worker's health health labour, make for labour, responsible for responsible standards for health standards regarding health regulations regarding make regulations surveil- surveil- working equipment and working equipment environment, working working environment, measures to be health measures and health lence lence work places. at work adhered at adhered places. (2) The (2) ensure - shall ensure Authority shall The Authority (a) the (a) of all inventories of the inventories and up-to-date and kept up-to-date places are kept working places all working maintained; and maintained; and (b) routine (b) conducted. workers is conducted. examination for workers medical examination routine medical

170. The

170. Authority shall The Authority management of conduct and management regulate the conduct shall regulate of Manage- Manage- ment of ment of bars, restaurants, bars, hotels, catering restaurants, hotels, beaches, bars, vending, beaches, street food vending, businesses, street catering businesses, bars, garages, recreational garages, recreational places, parlours, restaurants, massage parlours, gymnasiums, massage stands, gymnasiums, places, bus stands, restaurants, places and any other public public swimming pools, public baths, saunas, steam baths swimming pools, public baths, saunas, steam baths places and any other baths, baths, places as places as may may be declared Gazette. Minister in the Gazette. declared by the Minister swimming swimming pools, pools, saunas, saunas, etc. etc.

171.-(1) The

171.-(1) The Minister Minister may make make regulations carrying better carrying the better for the regulations for Regulations out of out of the purposes purposes of this Act. Act. (2) Without Without prejudice prejudice to the generality Minister the Minister 1), the subsection (1), of subsection generality of ,, may may make regulations regulations prescribing prescribing - (a) public public health health standards; standards; (b) regulation, regulation, organization organization and and management management of grounds, burial grounds, ofburial cremators, mortuaries, cremators, mortuaries, funeral undertakers and funeral undertakers funeral and funeral homes; homes; ((c) public public health health guidelines; guidelines; (d) hygiene, hygiene, sanitation sanitation andand health health status status of of personnel personnel of of restaurants, restaurants, hotels, hotels, catering catering businesses, businesses, street street food food vending, vending, beaches, beaches, recreational recreational places, places, gymnasiums, gymnasiums, massage massageparlours, parlours, swimming pools, saunas, hot spas, whirlpools, steam baths swimming pools, saunas, hot spas, whirlpools, steam baths places, places, garages, garages, beauty beauty salons, salons, barber barber shops shopsand andhair hairdressing dressing salons salons and and other other related related facilities; facilities; 84 NO. I Public Health 2009 (e) e) the the manner manner in in which which the the reporting reporting of ofmaternal maternaldeath deathshall shallbe be undertaken. undertaken. (3) The (3) The Minister Minister may, may, in in respect respect of ofthe the notification notification of ofinfectious infectiousand and communicable disease, communicable disease, make make regulations regulations prescribing prescribing-- (a) the (a) the duties duties ofof Medical Medical Officers Officers of of Health, Health, District District Medical Medical Officers, Medical Officers, Medical Practitioners Practitioners and and Environmental Environmental Health Health Practitioners; Practitioners; the duties (b) the duties of of the the owner owner or or the the occupier occupier of of premises premises or or the the .owner or managers .owner managers of ofmines, mines, employers employers and and the the like; like; (c) the the duties duties of of the the person person inin charge charge ofof any any school, school, religious religious institution, orphanage institution, orphanage oror any any other other institution institution inin respectto respect to the the reporting of reporting of diseases diseases or any any other other disease disease specified specified in in the the regulations; regulations; (d) the circumstances circumstances in which which notification notification of ofa particular particulardisease disease shall not shall not be required; required; ((e) the duties duties of of the Authority Authority in respect respect of of keeping keeping of ofregisters registers or records records of of notification notification of of diseases; diseases; (f) (f) the duties duties of of Registrar Registrar ofof Births Births and and Deaths Deaths in in respect respect ofof furnishing the Authority furnishing Authority or Medical Medical Officer Officer of of Health Health oror District District Medical Medical Officer Officer with with notification notification of ofreturns returns of ofbirths births and deaths deaths notified notified with the Registrar; Registrar; (g) (g) the the forms forms to be used and particulars particulars to be furnished furnished by by Medical Medical Officers of Health, Officers Health, District District Medical Medical Officer, Officer, Medical Medical Practitioners and Practitioners and authorized authorized officers officers when when making making such such notification to the Authority; notification to the Authority; (h) (h) the the forms forms to be be used and particulars particulars to be furnished furnished by by the the Authority and Authority and a Medical Medical Officer Officer of of Health Health and and a District District Medical Officer Medical Officer when when transmitting transmitting returns returns and and reports reports to the the Chief Medical Chief Medical Officer; Officer; (i) health (i) health standards standards and and requirements to operate requirements to mines and operate mines and mining mining plants; plants; (j) safe G) safe water water supply supply for for purposes purposes of of preventing preventing water water washed washed and water borne diseases, and other water related diseases; and water borne diseases, and other water related diseases; N0.1 Public Health 2009 85 (k) installatio (k) oftelecomm n of installation the like; and the towers and unication towers telecommunication like; of entertainm places of inplaces airin sufficient air ofsufficient provision of (1)(1) provision mines, ents, mines, entertainments, andtransporta works and works tion; and transportation; and (m) programm (m) programmes place to in place are in facilities are and facilities es and the that the ensure that to ensure ofclimate issues of issues changes are well addresed. climate changes are well addresed. respect of (4)InInrespect (4) control of and control preventionn and of preventio the diseases, the infectious diseases, of infectious Minister may, in consultation Minister may, in consultatio with with the therelevant relevant Ministers, Ministers, make regulation regulationss prescribingg - - prescribin (a) the (a) closure of theclosure school or any school ofany any place or any of entertainm place of where ent, where entertainment, necessary for deemed necessary deemed for the of preventin purpose of the purpose g the spread preventing the spread disease, the infectious disease, any infectious of any of of restriction of and restriction regulation and the regulation school attendance; school attendance; (b) the (b) the duties duties of parents or of parents who pupils who or pupils students or of students guardians of or guardians are suffering or have recently are suffering or have recently suffered suffered from from or or have have been been exposed to exposed to any any infectious in persons in ofpersons duties of disease and the duties infectious disease charge of charge of schools schools inin respect children; those children; respect of those (c) the (c) the establishm establishment, ce, managem maintenance, ent, maintenan management inspection and inspection ent and of isolation of isolation place place or wards, wards, convalesc convalescent ent homes homes other or other or institutions institutions forfor the accommodation accommodation or or treatment treatment of of persons persons suffering from suffering from or whowho have have recently from any suffered from recently suffered any infectiou s disease infectious disease or or the removal of the removal persons to of persons those to those institutions, their discharge institutions, their discharge and and the the ion classification classificat and and control control of the of the patients patients and and members members ofof staff staffof ofsuch institutions; such institutions; (d) the (d) the impositio imposition n and and enforcement enforcem ent of medical quarantin e, medical of quarantine, observationn and observatio surveillancece in and surveillan in respect respect of suffering personssuffering ofpersons or suspected or suspected to beto be suffering suffering from from infectious infectious disease disease not not removed to a hospital or place of removed to a hospital or place of isolation, isolation, the the premises premises inin which those which those persons persons are accommodated, are accommo chargeofof those inincharge dated, those or in attendance or in attendanc e of of those those persons, persons, and and other other persons persons livinginin living or visiting those premises or or visiting those premises or who may who may otherwise otherwise have have been been exposed to any of the infectious exposed to any of the infectious disease; disease; ((e) e) the the duties duties inin respect respect of ofthe the prevention preventionof ofinfectious infectiousdisease disease and and in in respect respect ofofpersons personssuffering, suffering ,suspected suspectedtotobe besuffering suffering from the infectious disease from the infectious disease or orowners owners ofland ofland on onwhich which persons persons reside; reside; 86 N0.1 Public Health 2009 (f) the (f) the measures measures toto be be taken taken for for the theprevention preventio nofofspread spreadoror eradicationof eradication ofcholera, cholera,human human trypanoso miasis,typhoid trypanosomiasis, typhoidfever, fever, typhus, plague, acute poliomyel itis, tuberculos typhus, plague, acute poliomyelitis, tuberculosis isororanyanyother other infectious disease infectious disease requiring requiring toto be be dealt dealtwith withinina aspecific specific manner; manner; (g) the (g) the conveyance conveyancebybyrail railor orotherwise otherwiseofofpersons personssuffering sufferingfrom from disease or disease or bodies bodies of ofpersons personswhowhohave havedied diedofofan aninfectious infectious disease and disease and prescribed prescribedburial burialprocedures; procedure s; (h) the (h) the prevention preventio n of of spread, spread, of ofaa disease disease fromfrom any anyanimal animaloror carcass or carcass or product product of ofany anyanimal animaltotoaahuman humanbeing, being,ofofrabies, rabies, glanders, anthrax, glanders, anthrax, plague, plague, tuberculos tuberculosis,is,trichinosis trichinosis or anyother or any other disease transmitte disease transmitted d by by any any animal, animal,the the carcass carcassororproduct productofof any animal any animal to to a human human being; being; (i) (i) the preventio preventionn of of spread spread of ofany any disease disease mainly mainlycaused causedby byan an animal or vegetative animal vegetative parasite; parasite; (j) (j) the preventio prevention n of of spread spread of of an an infectious infectious disease disease by by the the carrying of business, carrying on of business, trade trade or occupation;n; or occupatio (k) (k) the the preventio preventionn of of spread spread of of an an infectious infectious disease disease bybypersons persons who, though not who, though not at the the time time suffering suffering from from that that disease, disease, are are carriers of and liable carriers liable to spread spread the the infectious infectious disease, disease, and and keeping under keeping under medical medical surveillan surveillancece and and the the restriction restriction ofofthe the movemen movementsts and activities activities of of those those persons; persons; (1) (1) the the prohibitio prohibitionn of spitting spitting in public public places places or or public public vehicles, vehicles, except except into into receptacle receptacles s provided provided for that purpose; for that purpose; (m) (m) the the prohibitio prohibitionn oflittering oflittering in public public places places or or public public vehicles vehicles except into except into receptacle receptacless provided provided for for that purpose; that purpose; (n) (n) the the prohibitio prohibitionn of of urinating public places, urinating in public places, except except on on toilets toilets provided for provided for that that purpose; purpose; (o) (0) regulation regulations and and restriction of any restriction of any trace trace or or occupatio occupationn entailing entailing specific danger specific danger to to the the health health of of those those engaged engaged in in itit or or the the public, whether public, whether from from infectious infectious disease disease oror otherwise otherwise and the and the institution of institution ofmeasures measures for forpreventing preventing oror limiting limiting such such dangers; dangers; (P) the (p) theestablishm establishment, maintenance ent, maintenan and managem ce and management of cleansing ent of cleansing stations , the cleansing of dirty or verminou s persons, the stations , the cleansing of dirty or verminous persons, the disinfectionn or disinfectio or fumigatio fumigationn of of premises, premises, clothings clothings or or other other N0.1 Public Health 2009 87 exposed to been exposed have been which have articles which articles or are to or believed to are believed be to be contaminated with the infection of any infectious disease, or contaminated with the infection of any infectious disease, or orverminous; dirty or are dirty which are which verminous; any fumigation of any out of carrying out ofcarrying prohibition of theprohibition (q) the (q) involves which involves fumigation which licence granted specific licence without aa specific gas without poisonous gas of poisonous use of the use the granted that purpose; for that for purpose; disposal of the disposal (r) the (r) any waste, of any thing or thing matters or other matters garbage, other waste, garbage, has been that has that infection exposed to the infection with or exposed contaminated with been contaminated disease; and infectious disease; any infectious of any of and (s) the (s) of any giving of compulsory giving the compulsory of production of information, the production any information, document or any document any or other evidence required other evidence required for the purpose of purpose of source or the source tracing the tracing infectious any infectious of any spread of preventing the spread or preventing disease. disease. (5) The Minister may make regulations for the control of mosquitoes. (6) The (6) The Minister shall -- Minister shall (a) liaise (a) liaise with with the the Minister Minister responsible other any other or any agriculture or responsible for agriculture government institution government institution dealing dealing with with chemicals chemicals to to regulate regulate the the use of use of pesticides, pesticides, insecticides chemicals for other chemicals and other insecticides and the for the control control ofof mosquitoes, mosquitoes, vermins and vectors; and other vectors; vermins or other (b) liaise (b) liaise with with the Minister government local government the local for the responsible for Minister responsible to make to make sure that that all development have proposed have activities proposed development activities mitigation plans to prevent mitigation plans prevent the the breeding breeding of of mosquitoes, mosquitoes, vermins vermins and other and other vectors. vectors. (7) The Minister (7) Minister may may make make regulations regulations in respect of in respect vaccinations of vaccinations prescribing prescribing - (a) forms (a) forms of of certificates, certificates, notices, notices, returns returns and and books books of recordtoto ofrecord be used be used in relation relation to public public vaccination vaccination and the defining the and defining information to be information be furnished furnished and and requiring requiring the the furnishing and furnishingand prescribing the prescribing the manner manner of oftheir their use use by bythe theRegistrar Registrarof Births ofBirths and Deaths and Deaths and and vaccinators, vaccinators, Authority, Authority, medical medicalpractitioners, practitioners, parents or parents or guardians guardians ofofchildren, children, persons personsinincharge chargeof schools, ofschools, employers and other persons; employers and other persons; (b) vaccination (b) vaccination or or re-vaccination re-vaccination of ofpersons personsand andassigning where assigningwhere deemed desirable to do so, the responsibility deemed desirable to do so, the responsibility forfor the thecarrying carrying out out of of such such vaccination vaccination ororre-vaccination re-vaccinationtotothe theAuthority; Authority; 88 N0.1 Public Health 2009 (c) c) application application and and enforcement enforcement ofof the the provisions provisions of of this this Act Act to to persons entering persons entering Mainland Mainland Tanzania Tanzania whether whether byby land, land, water water or air, or air, or or for for requiring, requiring, where where considered considered necessary, necessary, the the vaccination or vaccination or re-vaccination re-vaccination of of any any person person before before entering entering Mainland Mainland Tanzania; Tanzania; and and (d) a list list of ofcountries countries whose whose citizens citizens are are required required to to be be vaccinated vaccinated before entering before entering Mainland Mainland Tanzania. Tanzania. The Minister (8) The Minister may, may, for the the purpose purpose of of control control of of diseases, diseases, make make regulations prescribing regulations prescribing for- (a) the the speedy speedy interment interment of of the the corpse; corpse; house to house (b) house house visit; visit; the provision (c) the provision for for personal personal protective protective equipments equipments and and accommodation for the accommodation the promotion promotion ofof cleansing, cleansing, ventilation, ventilation, disinfection and disinfection and disinfestations; disinfestations; (d) preventing preventing any any person person from from leaving leaving an infected infected area area without without undergoing medical undergoing medical examination, examination, disinfestations, inoculation, disinfestations, inoculation, vaccination, re-vaccination vaccination, re-vaccination or staying staying for a specific specific period period in in an observation observation center, center, camp camp or station station as the the case case may may be; be; (e) the destruction, destruction, disinfection disinfection or disinfestations disinfestations of of premises, premises, furnitures, goods furnitures, goods or other other articles articles which which have have been been used used by by persons suffering persons suffering from from infectious infectious disease disease orwhich which are are likely likely to spread sprea.d the infection; infection; (f) the destruction destruction of of mosquitoes, mosquitoes, vectors vectors and and vermins, vermins, the means means and precautions and precautions to be taken taken in respect respect of of aircraft, aircraft, vessels, vessels, trains and trains and motor motor vehicles vehicles arriving arriving at or departing departing from from Mainland Tanzania Mainland Tanzania and for preventing mosquitoes, preventing mosquitoes, otherother vectors and vermins, vectors vermins, and from from passing passing from from aircrafts, aircrafts, vessels, vessels, trains or motor trains motor vehicles vehicles to land land or from from land land to the the same, same, and and the better better prevention prevention of of the danger danger ofof spreading spreading infection infection by mosquitoes, other mosquitoes, other vectors vectors and vermins; vermins; (g) the compulsory compulsory medical examination of medical examination of persons persons suffering suffering or suspected to be suffering suspected suffering from an infectious infectious disease; disease; (h) the restriction {h) restriction of residence residence in, immigration immigration from or emigration emigration to an infected infected area; No. I Public Health 2009 89 (i) the manner of controlling non communicable diseases; and (j). matters relating to nutritional issues.

172. The

172. The Authority Authority shall, shall, upon upon occurence occurence of of any any maternal maternal death death Reporting Reporting within its area of maternal within area of jurisdiction, report ofJ'urisdiction, report the incident to the Chief Medical death the incident to the Chief Medical of maternal death Officer. Officer.

173.-( 1) No advertisement or public advertisement or public display display shall shall be be made made on onmatters matters Prohibition Prohibition or issues issues relating relating to public public health health until until a permit permit has has been been granted grantedby the ofof bythe advertise- advertise- Minister or a competent Minister competent authority authority approved approved by by the the Minister. Minister. ment ment onon matters or matters or (2) Any person person who who contravenes the provisions contravenes the provisions of ofthis this section sectioncommits commits reae iss\uets iss uesd tt re 1ate d 0o an offence and upon an offence upon conviction conviction shall shall be be liable liable to to a fine fine not not exceeding exceeding public public one million shillings one million shillings or to imprisonment imprisonment for a term term not not exceeding exceeding twelve twelve health health months months oror to both. both.

174.-(1)

174.-(1) A person person shall shall not not have have natural natural call call in in areas areas other other than than Prohibition Prohibition toilets built for toilets built for that purposes. purposes. of of natural natural call call in in areas areas other other than than (2) (2) The authority shall, in collaboration The authority collaboration with with transporters transporters of ofpassenger passenger toilets toilets vehicles, vehicles, designate designate areas along high ways along the high ways where where public public toilets toilets shall shall be be built. built. (3) (3) Any Any person person who contravenes the provisions who contravenes provisions ofofthis this section section commits commits an offence and an offence and upon conviction shall be lible upon conviction le to a fine of ofnot not less less than than one one hundred thousand hundred thousand shillings shillings or or to imprisonment imprisonment for a term term of of six six months months ·.,, or or to to both. both. 175.

175. The Minister may The Minister amend any may amend any of the Scheclu Schedules les under under this this Act. Act. Amendment Amendment ·of ·of the the Schedule Schedule 176.

176. A A person person who contravenes any who contravenes any provision provision of this Act Act where where nono General General specific specific penalty penalty is is provided provided commits commits an an offence offence and upon upon conviction conviction penalty penalty shall shall be be liable liable to to aa fine fine not not exceeding exceeding five five hundred hundred thousand thousand shillings shillings or to imprisonment for to imprisonment for aa term term not not exceeding six months exceeding six months or to both. both.

177.-(1) 177 .--( The The following following Acts Acts are are repealed repealed -- Repeals and Repeals and savings savings (a) the (a) the Infections Infections Diseases Act; Diseases Act; Caps. 96, Caps. 96, (b) (b) the the Internationally Internationally Notifiable Notifiable Diseases Diseases (Prevention) (Prevention) Act; Act; and and 73 73 and and 99 99 (C) the (c) the Mosquito Mosquito Control Control Act. Act. 90 NO. I Public Health 2009 (2) Notwithstanding Notwithstanding subsection subsection (1), all subsidiary subsidiary legislation legislation made made under llllder the repealed the repealed Acts Acts shall shall be deemed deemed to havehave been been made made under under this this Act Act and shall and shall continue continue to have have effect effect until until revoked revoked or otherwise otherwise amended. amended.

FIRST SCHEDULE THE LIST OF NOTIFIABLE DISEASES Made under section 9(1) International notifiable diseases I. 1. Viral Hemorrhagic Fevers. (a) Ebolafever. (b) Rift valley fever (c) Yellow fever (d) Marbug fever Avian influenza. 2. Avian 3. Severe Acute Respiratory Syndrome (SARS). 4. Plague. 5. Acute Flaccid Paralysis. 6. Neonatal tetanus. 7. Cholera. notifiable diseases reported weekly National notifiable 1. Cholera. I. 2. Plague. 3. Meningitis. 4. Diarrhea Diarrhea for children who are under five years. 5. Pneumonia Pneumonia for children who are under five five years. 6. Measles. 7. Malnutrition. Malnutrition. 8. Rabies N0.1 Public Health 2009 91

SECOND SCHEDULE UNITED REPUBLIC OF TANZANIA MINISTRY OF HEALTH AND SOCIAL WELFARE INFECTIOUS DISEASES OUTBREAK REPORT FORM Made under section 13(2) FormF009 Date: ............... . Name of Name of Health Health Facility: .......................................................................................................................................... .. Facility: Region: ............................................. ............................................. ......................... Region: District· ........................................................................................................................................... . District: Disease/diagnosis: ............................................................................................................................ . Number of cases by village/sub-village/street ................................................................................. .. Additional information: .................................................................................................................. .. Measures initiated by village/sub-village/street ............................................................................... . Name Name of of the the In-charge In-charge of of the the Health Health Facility· .......................................................................................................................................... .. Facility: Designation: ................................................................................................................................... .. Designation: Signature· ....................................................................................................................................... .. 92 N0.1 Public Health 2009 1AAEHE 1l\RFHE MAELEZ MAELEZOO TAREHE TAREHE JinaIelak1lnlki Jina kllnlkl. Na.ya Na.ya Mlcto MIDID KURUDI KURUDI JlnalaMIDID Jlna la Mlcto MUMEI Il MUMEI MKEMKE Tllnlheyayakuzaliwa Terahe kuzaliwa Uzlto Uzltoallpozaliwa (kilo) allpozallwa (kilo) Jina la Mama JlnalaMama Jina laBaba Jlnala Baba Mahallmtoto Mahall mlDID MtaalKijlj Mlaa/KIJU Anapoishlsasa Anapolshl sasa Jlna JinaBalozi Balozi Maelezo Maelezo ya ya cbanjo chanjo kwa kwa M.zazi/M lezi Mzazill\f1ezi Ainayad awa Ainayadawa Umri Umri wa kuchanja wa kuchanja BCG BeG Mara Mara mtoto mtoto azaliwap azaliwapoo Jamhuri Jamhuri ya ya Muungano Muungano wawa Tanzania Tanzania Au Au mara mara ya ya mwanzo mwanzo KADI KADI VA YA KLiNIKI KLINIKI VA YA WATOTO WATOTO Afikapo Afikapo klinild. kliniki. POLIO POLIO mtoto mtoto anapozal iwa na anapozaliwa na (Kupooz a) (Kupooza) Marudio Marudio kila kila baada baada ya ya KUCHANJWA A KUCHANJW Wilci Wiki4 mpaka mpaka (Andlka T8I1lIIe (Ancll!a T...... Hapa) lflpa) Atakapok Atakapokamilisha amilisha chanjo. chll11io. Anapzaliwa Anapzallwa KOVU Marudio KOVU Marudio M KamaKovu (V) KamaKow h3lma hamna DPT-HB DPT-HB Wilci Woo 44baada baada ya ya BCG (dondako o, (dondakoo, kuzaliwa na kuzaliwa namarudio marudio Kifaduro , Kifaduro, lcila kilabaada baada ya yawilci wiki 4.4. Pepopun da Pepopunda Anapozallwa 2 3 nanaHepatis HepatisB)B) 0 POLIO SURUA SURUA Mtoto Mtotoanapokam anapokamilisha miezi 99 ilisha miezi VITAMI VITAMINI Mtotoanapokam N! Mtoto anapokamilisha miezi99 ilisha miezi SURUA Marudioalciwa Marudio akiwananamiezi miezi 1515na na SURUA VITAMINI Miezi21. Miezi 21. VITAMIN! AA . NO. I Public Health 2009 93 Made under Section 19(1) FOUR.TH SCHEDULE UNITED REPUBLIC OF TANZANIA MINISTRY OF HEALTH AND SOCIAL WELFARE CERTIFICATE OF VACCINATION OR PROPHYLAXIS Made under section 21(1) This This is is to to certify certify that [name] [name] ............................. , date ofbirth birth ..................,,sex ..........,, Nationality Nationality ............ , national identification document, ifapplicable: ifapplicable: ............................,, whose whose signature signature follows ..................... has on the date indicated indicated been been vaccinated vaccinated or or received prophylaxis against: (name of disease or condition) received prophylaxis condition) ......................in in accordance accordance with with the the International International Health Regulations(IHR). Regulations(IHR). V-accine vaccine or or Date Signature and Date Signature Manufacturer Certificate Certificate Official Official Prophylaxis professional professional and batch No. Valid from......... Stamp of of status of status of Vaccine or of Vaccine until ........... administer- administer- supervising supervising Prophylaxis ring ring centre clinician clinician 1.1. 2.2. This certificate This certificate isis valid valid only only if ifthe vaccine or the vaccine or prophylaxis used has been approved approved by by theWorld the WorldHealth Health Organization. Organization. This certificate This certificate must must be be signed signed in in the the hand hand of of the the clinician, clinician, who shall be a medical practitioner or practitioner or other other authorized authorized health health worker, worker, supervising supervising the the administration administration of of the the vaccine or vaccine or prophylaxis. prophylaxis. TheThe certificate certificate must must also also bear bear the official official stamp of the the administeringcentre. administering centre.However, However,this thisshall shallnot notbe be an anaccepted accepted substitute substitute for for the the signature. signature. 94 N0.1 Public Health 2009 Any amendment of Any amendment of this certificate, or this certificate, render it may render of it, may part of complete any part failure to complete erasure, or failure or erasure, invalid. invalid. The of this validity of The validity certificate shall this certificate vaccination or particular vaccination the particular indicated for the until the date indicated extend until shall extend or prophylaxis. The prophylaxis. be fully shall be certificate shall The certificate also may also certificate may The certificate French. The English or in French. completed in English fully completed completed in be completed be language on another language in another the same on the French. English or French. either English addition to either document, in addition same document, FIF1H SCHEDULE " It fl , ,' "", i' . UNITED REPUBLIC OF TANZANIA MINISTRY OF HEALTH AND SOCIAL WELFARE MARITIME DECLARATION OF HEALTH FORM Made under section 40(2) (c) and (d) To be completed completed and submitted submitted to the from arriving from ships arriving of ships masters of the masters by the authorities by competent authorities the competent foreign ports. foreign ports, Submitted at the port Submitted port of of .......................................... Date Date ............................................. .. Name of Name of ship ship or inland inland navigation navigation vesseL Registration/IMO No vessel.. ........... Registration/IMO from arriving from No .............arriving ............... sailing ............... sailing to ................ . (Nationality)(Flag of (Nationality)(Flag Master's vessel) ................................................... ...................................... Master's of vessel) name ................................................................................................................................................... Gross tonnage Gross (ship).......................................................................................................................... tonnage (ship) Tonnage (inland Tonnage (inland navigation vessel) .................... . navigation vessel) Valid Sanitation Sanitation Control Control Exemption/Control Exemption/Control Certificate carried on Certificate carried board? Yes on board? Yes ............ NoNo ............. Date ................... .. Issued at. ................ Date Issued Re-inspection required? Re-inspection required? yes No ..... .. Yes ....... No Has ship/vessel Has ship/vessel visited visited an an affected affected area area identified identified by World Health the World by the Organization? yes Health Organization? ..... Yes..... ..... ......... No '" . No ................ Port and Port and date date of visit ................................................. ..................... of visit List ports List ports of of call call from from commencement commencement of of voyage voyage with with dates dates of departure, or ofdeparture, withinpast or within days, thirtydays, past thirty whichever is shorter: whichever shorter: NO. l Public Health 2009 95 Upon request of the competen t authority at the port of arrival, list crew Upon request of members , the competent authority at the port of arrival, list crew members, passenge rs or other persons who have joined ship/vessel passengers or other persons who have joined ship/vessel since internatio nal voyage began or within past thirty days, whichev er is shorter, since international voyage began or within past thirty days, whichever is horter, including all ports/countries visited in this period (add including all ports/countries visited in this period (add additional names to the attached schedule): additional names to the attached schedule): {I) Name ........... ........... ........... ......joinedfro m: (I) Name joined from: (l) (I) ............ ............ .....(2) (2) ............ ............ .......(3) (3) ......................................... . (2) (2) Name Name ........... ........... ........... ......joined joinedfrom:from: (1 (I)) ............ ............ .....(2) (2) ........... ...... ·········· ....(3)(3 )......................................... . (3) Name (3) Name ........... ........... ........... .......Joined joinedfrom:from:(I) (1 ) ........... ........... ....... . (2) (2)............ ............ ....... (3) (3) ......................................... . Number Number ofof crew crew members members onon board board ........... ........ .. Number of passenge rs on board Number of passengers on board ........... ........... ..... Health Health question questions (l) (I) Has Has any any person person died died on board duringduring the the voyage voyage otherwise otherwis ethan thanasasaaresult resultofof accident? accident? Yes yes ................ No ........... ... If Ifyes, yes,state stateparticular particulars s in attached schedule. Total Totalno. no.of ofdeaths deaths ............. ..... (2) (2)I Issthere there on on board board or or has has there been during during the international nal voyage voyageany anycase the internatio caseofof disease disease which which you you suspect suspect toto be of an infectiou infectiouss Nature? Nature? Yes yes................ No No ........... ........ If If yes, state particularsrs inin attached state particula attached schedule. schedule. (3) (3) Has Hasthe thetotal totalnumber number of ofill illpassenge passengers during the voyage voyage been been greater greaterthan thannormal/ nonnal/ expected ? Yes expected? yes............. No No........... .. .. How manyill Howmany illpersons? persons? ................... ... (4) (4) IsI sthere thereany anyillillperson personon on board board now7 now? Yes yes .............. No ............ ..... If yes, state Ifyes, state particula rs ininattached particulars attachedschedule schedule.. {5) Wasa amedical (5) Was medicalpractition practitioner consulted? er consulted yes ....... no ? Yes no...... If yes, state If yes, state particulars particula rs of of medical medicaltreatmen treatment t ororadvice adviceprovided provided in in attached attached schedule. schedule. (6) (6) Are Areyouyouaware awareof ofanyanycondition conditionon onboard board which which may may lead lead to to infection infection or or spread spread ofofdisease? disease?Yes yes................. No No........... ........ .. IfIfyes, yes,state stateparticula particularsrs ininattached attachedschedule schedule.. {7)(7) Has Hasanyanysanitary sanitarymeasuremeasure{e.g. (e.g.quarantin quarantine, isolation,, disinfect e, isolation disinfection ion or or decontamination) decontam ination) been beenapplied appliedon onboard? board?Yes Yes........... No No.......... .. IfIfyes, yes,specify specifytype, type,placeplaceand and date date ................................................................................................................................ ......... ... (8)(8)Have Haveany anystowaway stowaways beenfound s been foundon onboard? board?Yes yes....... No No...... lfyes, If yes, where did where did they they jointhe join theship ship(if(ifknown)? known)?................................... . . 96 NO. I Public Health 2009 (9) Is (9) Is there there aa sick sick animal animal ororpet peton onboard? board?Yes Yes ...............No No ........... . Note: Note: In the In the absence absence of ofa surgeon,the a surgeon, themaster shouldregard mastershould regardthe thefollowing followingsymptoms symptoms as grounds as grounds for for suspecting suspectingthetheexistence existenceofofaadisease diseaseofofananinfectious infectiousnature: nature: (a) (a) Fever, persisting for Fever, persisting for several several days days or oraccompanied accompaniedby by(i)(i)prostration; prostration;(ii) (ii) decreased consciousne decreased consciousness;ss; (Hi) (iii) glandular glandularswelling; swelling; (iv) (iv) Jaundice; (v) cough Jaundice; (v) cough or orshortness shortnessofofbreath; unusualbleeding; (vi)unusual breath; (vi) bleeding;oror(vii) (vii)paralysis. paralysis. (b) With (b) With oror without fever: (i) without fever: (i) any any acute acute skin skin rash rash ororeruption; eruption; (ii) (ii)severe severevomiting vomiting (other than (other than sea sea sickness); sickness); (Hi) (iii) severe severe Diarrhoea; Diarrhoea; or (iv) recurrent or (iv) recurrent convulsions. convulsions. II hereby hereby declare declare that that the the particulars particulars and and answers answers toto the the questions questionsgiven givenininthis this Declaration Declaration of of Health (including the Health (including the schedule) schedule) are aretrue trueandandcorrect correcttotothe thebest bestofof my my knowledge knowledge and belief. and belief. Signed ............... ............... ................. Signed Master Master Countersign Countersigneded ............... ............... ................. Ship's Surgeon Ship's Surgeon (if(ifcarried) carried) Date Date .............. .............. .............. .. . ATI'ACHMENTOFMARITIMEDECLARATIONOFHEALTHFORM ---_ --.-.... -----lo lJrugs CINgs N,me Nom. a_", a ... "' ..u,,g rollllg ,.,. Aee Su Sox Nalionolity N.tiotllllity Port. did. Pott, dli:e ......... ..•....•..... )01 ••••• Joi- N•••• N"""" of "' itlnress ill.,_ ..•. o...donwt Oatadcanset "-ta to.port _Ill ., a port Cl-• 01-.01 "'_. d~ '",,,..,,.. "'W Ccmmenls glv•••to Commenls the lhe p.u-nt p.a.,t - " State: (1) State: (1)whether whether the the person person recovered, recovered, isis still still ill ill or or died; died; and and (2) (2) whether whether the the person personisisstill stillon onboard, board, was was evacuated evacuated (including (including the the name name of of the the port port or or airport), airport), or or was was buried buriedatatsea. sea. N0.1 Public Health 2009 97 SIXTII SCHEDULE UNITED REPUBLIC OF TANZANIA MINISTRYOFHEALfflANDSO CIALWELFARE SHIP SANITATION SHIP SANITATION CONTROL CERTIFICATFJ EXEMPTION CERTIFICATE! CONTROLEXEMYfION SHIP SANITATION ERTIFICATE CONTROL CERTIFICATE SHIPSANITATIONCONTROLC Made under section 40(2) and (3) Port of: ........................ Date: ......................... . This Certificate Certificate records records the inspection inspection and 1) exemption exemption from from control control or or 2) 2) control control measures measures applied applied Name of ship Name ship or inland inland navigation navigation vessel. vessel. ........................Flag Flag.......................... Registration/IMO No .......................................... ........................... .. ·, At the time of inspection the holds were unladen /laden with ........... Tonnes of.......................... Cargo Name and address of inspecting officer ............................................ ...... , ...... . 98 N0.1 Public Health 2009 Ship Sanitation Control Exemption Certificate/ Ship Sanitation Control Certificate Areas, systems, Areas, systems, Evide- Evide- Sample Sample Documents DoeumeDa Control CODtrol Re- Re- Comments CommeDa and aDd nee Dee results resula12 reviewed reviewed measura measures inspection iDspeetioD regarding regardiDg serriees] services] found 1 fouDd! applied applied date date conditions eODditioDs iDSpeeted inspected fo~d foUnd Galley Galley Medical Medical 102 101!: Panlrv Pantrv Shin's loiz Shio's 101!: Stores Stores Other Other Holdls)/carllo Hold(s\/canr Ouarters: huarters: • crews -crews - -office office ·-D8ssenller - nassenizer - deck -deck Portable water Portable water Sewue Sewaire Ballast tanks Ballast tanks Solid and Solid and medical medical waste waste Standing water Standing water Engine room Engine room Medical Medical facilities facilities Other areas Other areas specified -- specified See attached See attached Note areas Note areas not not applicable, by applicable, by marking marking N/A. NIA. No evidence No evidence found. found. Ship/vessel Ship/vessel is is exempted exempted from from control control measures. indicated measuresindicated Controlmeasures measures. Control W~l; .~pp.H~~ R~.~l; W~'< .lJ.PPH~9c ~P. ~!\<: .Q~t.l; .<:\11:t.t; .1?~.l~W· .l?~.l~W·....... . . Name and designation of issuing officer .............. .............. ............ Signature and seal Date: .............. .............. .............. .............. .............. .........-.............. ............... . Date: 1I(a) Evidence of (a) Evidence of infection infection or contamination,on,including: or contaminati including:vectors vectorsininall animal growth;animal stagesofofgrowth; allstages reservoirs for reservoirs for vectors; vectors; rodents rodents or or other other species species that that could couldcarry carryhuman humandisease, microbiolog ical, disease,microbiological, chemical and chemical and other other risks risks toto human human health; health; signs signsofofinadequate inadequatesanitary sanitarymeasures. measures.(b) Information (b)Information concerning any human cases (to be included in inthe the Maritime Maritime Declaration Declaration ofofHealth). Health). concerning any hwnan cases (to be included 2Results from 2Results from samples samples taken taken onon board. board. Analysis Analysis toto bebeprovided providedtotoship's masterbybymost ship'smaster most expedient means and, if re-inspection is required, to the next appropriate port of call coinciding with expedient means and, ifre-inspection is required, to the next appropriate port of call coinciding with the re-inspection date specified in this certificate. the re-inspectio n date specified in this certificate. N0.1 Public Health 2009 99 Sanitation Control Sanitation Certificates and Exemption Certificates Control Exemption for aa valid for are valid Certificates are Control Certificates Sanitation Control and Sanitation maximum of maximum may be period may validity period the validity but the months, but sixmonths, ofsix extended by one be extended month if one month if inspection inspection cannot cannot is no there is and there port and the port out atatthe carried out be carried be evidence of no evidence infection or of infection contamination. or contamination. TO SHIP ATTACHMENT TO ATTACHMENT CERTIFICATE/SHIP EXEMPTION CERTIFICATE/SHIP CONTROL EXEMPTION SANITATION CONTROL SHIP SANITATION CONTROL SANITATION CONTROL SANITATION Areas1facllitiel1systems Area11facllitie1/1ystems Evide-nce Evid&flce Sample Sample DclClInenIs Docunenll Control Control Re-inspe- Re-inspe- Comments Comments inspected inspected found found results mulls nNiErMd nwiewed measures measures ction ctlon regarding regarding applied applied date date conditions conditions found found Food Food Source Source Storage Storage Preparation Preparation Service Service Water Water Source Source Storage Storage Distribution Distribution Waste Waste Holding Holding Treatment Treatment Disposal Disposal Swimming Swimming noolslsnas nools/snas Equipment Equipment Operation Operation Medical facilities Medical facilities Equipment and Equipment and medical medical devices devices Operation Operation Medicines Medicines Other areas Other areas insnected insnected Indicate when the areas listed are not applicable by marking NIA 100 NO. I Public Health 2009 SEVENTII SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY OFHEALmAND SOCIAL WELFARE CERTIFICATE FOR FREE PRATIQUE Made under section 40(3)(d) This is to certify that health inspection of Marine VesseVAircraft Vessel/Aircraft..................... under the command of CAPTAIN ........................ (date) ................ ... THEREFORE, Free Pratique THEREFORE, Pratique is hereby hereby granted/not granted/not granted today today......................... ... at................. subject to the following conditions/instructions conditions/instructions which should be complied with as is practicable, but before departure of the vessel (a) (b) (c) (d) Port Health Officer..................................... . Signature and Stamp Signature I, the Master of Marine vessel/Aircraft vesseVAircraft ........................... do hereby hereby agree to comply with the above stipulated stipulated conditions/instructions conditions/instructions before departure. I understand understand that my. . vessel may be restrained from sailing if these conditions/instructions conditions/instructions are not complied complied with in full before departure Master ................. . Signature and Stamp Signature Date .............................................. .. NO.I Public Health 2009 101

EIGHTH SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY MINISTRY OF HEALTH HEALTH AND SOCIAL SOCIAL WELFARE WELFARE SIDP SHIP CARGO CARGO MANIFEST MANIFEST Made under section 40(4) MN ................................................................................. . MN SAILING SAILING ON: ................... FLAG: FLAG: ....................................................... . PORT OF PORT LOADING: ................................................................................................................. . LOADING: PORT PORT OF DISCHARGING: ................................................................. . DISCHARGING: DILL OF DILL LADING- o... SHIPPl!;H.S SHIPPERS CON:;ilONEB CONSIGNEE MARKS MAU.K~ QUALITY QlJAJ.l'rY DF~"'JCRJ- DESORt GROSS GROSS 'WEIGHT LADING NUMBERS NUMD£1L'"'> PTT<.>N PTION VVEIG.H'I.' f-----. 1 - - - - - - - 1 - - - - - - + - - - - - l - - - - - - + - - - - - - - --- -- --------- - - - • - - - - MASTER:................................. Signature and Stamp 102 NO, I Public Health 2009 NINETH SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HEALTH AND SOCIAL WELFARE AIRCRAFf PASSENGER MANIFEST Made under section 41(2) Operator.................. .................. .................. ... : ................... ...... . Operator Marks Marks of of Nationality Nationality and Registration .........Flight Flight NoNo .......Date: Date: ............. Point Point of of embarkation: embarkation: .................. .. Point Point of disembarkation: of disembarlcatio n: ................. (Place) (place) (Place) Surnaxne Surname and and Initials Initials For use For use by by For For official official ooerator only operator onlv use use only only · NO.l Public Health 2009 103 TENTII SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HEALTH AND SOCIAL WELFARE AIRCRAFT CARGO MANIFEST Made under section 41 (2) Operator: ............................................................................................................. . Operator: Marks of Nationality Nationality and Registration: .................. Flight No: ......... Date ........... . Point oflanding: oflanding: ............................................... Point ofunlanding: ofunlanding: ..................... . (Place) (Place) Airway Airway Nature of Nature of Nature of Nature of For use For use by For For Bill Bill packages packages goods goods operator only operator only official official Number Number use only use only 104 NO. l Public Health 2009 ELEVENTI:I SCHEDULE Made under section 51 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HEALTH AND SOCIAL WELFARE HEALTH CERTIFICATE FOR IMPORTED USED CLOTHES AND FOOTWEARS From ............................ . Date: ............................ . Reference No ........................................................................................................... . Name of Exporter: ..................................................................................................... . Port of Export: ......................................................................................................... . Names of Names of Vessel: ......................................................................................................................... . of Date of Arrival: .......................................................................................................................... . Arrival: Place where goods goods are stored: .............................................................................................................................. . Name of of Importer:.................................................................................................................... . Importer: Date of of Inspection: Inspection: ................................................................................................................ . N0.1 Public Health 2009 105 Certificate from the Country of Health Certificate of origin .................................................... .................................................... ................................. Name of Fumigant: Chemical(s) used: Comments: ··················••_!'••·······························,··································································· I hereby certify the above - mentioned articles of of second hand hand clothes clothes and footwears footwears have have been been treated and may be released.. PORT HEALTH OFFICER SIGNATURE AND STAMP Passed in the National Assembly on the 27 th January, 2009 •••••......•......-5 .••• ~= .....!..2.:::. ;iii!!~••• ~.~_.~ .................... S .... g ... •• _ Dr. Thomas Thomas D. Kashililah Kashililah Clerk of of the National Assembly Assembly