Uganda National Bureau of Standards (Use of Distinctive Mark) Regulations, 2018 (S.I. No. 12 of 2018)

4. Permit for distinctive mark for complying commodities. Part III—Application For A Distinctive Mark 5. Application for a permit to use a distinctive mark. 6. Application procedure for a domestic manufacturer. 7. Application procedure for an importer. 8. Refusal to grant permit. 9. Renewal of permit. 10. Sample testing. Part IV—T erms of Use of a Distinctive Mark 11. Use of a distinctive mark on a commodity. 12. Terms of use of a permit to use a distinctive mark. 13. Withdrawal or suspension of permit to use a distinctive mark. 14. Cancellation of permit to use a distinctive mark. 167 Regulation P art V— M iscellaneous 15. Surveillance audits. 16. Offences.

17. Appeals. SC H ED U LE 1 - Currency point. SC H ED U LE 2 - Distinctive mark. SC H E D U L E 3 - Forms. Form A - Application for permit to use distinctive mark by domestic manufacturers. Form B - Application for permit to use distinctive mark by importers. SC H ED U LE 4 - Fees. 168 S T A T U T O R Y I N S T R U M E N T S 2018 No. 12. The Uganda National Bureau of Standards (Use of Distinctive Mark) Regulations, 2018. (Under section 43 o f the Uganda National Bureau o f Standards Act, Cap. 327) I n exercise of the powers conferred upon the Minister responsible for commerce by section 43 of the Uganda National Bureau of Standards Act, and on the recommendation of the National Standards Council, these Regulations are made this 23rd day of March, 2018. Part I— P reliminary

1. Title. These Regulations may be cited as the Uganda National Bureau of Standards (Use of Distinctive Mark) Regulations, 2018.

2. Interpretation. In these Regulations, unless the context otherwise requires— “Act” means the Uganda National Bureau of Standards Act, Cap. 327; “applicant” means an importer or manufacturer applying for use of a distinctive mark; “assessment” means a systematic and independent examination to determine whether compulsory standard specifications requirements have been met; “Bureau” means the Uganda National Bureau of Standards established under section 2 of the Act; “commodity” means any article, product or thing which is or will ultimately be the subject of trade or use; “compulsory standard specification” means the standard specification declared under section 18 of the Act; 169 “consignment” means an aggregation of commodities made under a common system of causes and presented for inspection; “currency point” has the value assigned to it in Schedule 1; “director” means the director of the Bureau appointed under section 11 of the Act; “distinctive mark” means a mark declared as such under section 18 of the Act; “domestic manufacturer” means a person manufacturing a commodity within Uganda; “distributor” means a person in the supply chain other than the manufacturer or importer, who makes a commodity covered by a compulsory standard specification declared under Section 18 of the Act, available on the Ugandan market; “importer” means a person who brings into Uganda a commodity covered by a compulsory standard specification declared under Section 18 of the Act; “inspector” means a person appointed as an inspector under section 13 of the Act; “inspection” means the examination of commodity design, commodity, process or its installation and determination of its conformity with specific requirements; “inspection report” means a report compiled by an inspector detailing the findings of the inspection; “manufacturer” means any natural or legal person who manufactures a commodity covered under compulsory standard specifications using their own or outsourced manufacturing facilities; and “surveillance audits” means periodic evaluation of a quality control system or a commodity to determine conformity with a relevant standard and the terms and conditions of the permit. 170 Part II— D istinctive M ark on a C ommodity

3. Commodity to conform and bear distinctive mark. (1) A person shall not import, distribute, manufacture, sell or have in his or her possession or control for sale or distribution any commodity for which a compulsory standard specification has been declared, unless the commodity conforms to the compulsory standard specification under section 18 of the Act. (2) A person shall not import, distribute, sell or have in his or her possession or control for sale or distribution any commodity for which a compulsory standard specification has been declared unless the commodity bears the distinctive mark specified in Schedule 2. (3) Where difficulties arise in having a commodity marked with the distinctive mark prior to importation as required under subsection (2), the director may authorise in writing any intending importer of the commodity to have the commodity marked immediately on arrival in Uganda.

4. Permit for distinctive mark to complying commodities. (1) A person shall not apply a distinctive mark to any commodity except under a permit issued by the council or a person acting under the authority of the council and unless the commodity complies with or has been manufactured in accordance with the relevant standard specification. (2) An application for a permit under subsection (1) shall be made to the council or a person acting under the authority of the council in a manner prescribed in these Regulations. Part III— A pplication F or A D istinctive M ark

5. Application for a permit to use a distinctive mark. (1) An importer or manufacturer who intends to bring into Uganda or manufacture a commodity for which a compulsory standard specification is declared under section 18 of the Act shall apply to the council or a person acting under the authority of the council for a permit to use a distinctive mark. 171 (2) The council or a person acting under the authority of the council shall issue a permit to use a distinctive mark on a commodity for which a compulsory standard specification has been declared to a manufacturer or importer where all the requirements of these Regulations have been met. (3) The permit to use a distinctive mark shall be valid for a period of twelve months from the date on which it is issued. (4) The council may, at any time, vary the conditions of a permit granted under these Regulations. (5) The Bureau shall maintain and publish a register of manufacturers and importers permitted to use a distinctive mark.

6. Application procedure for a domestic manufacturer. (1) A domestic manufacturer of a commodity for which a compulsory standard specification is declared shall apply to the council or a person acting under the authority of the council for a permit to use a distinctive mark before commencement of production of the commodity or within 60 working days of the coming into force of these Regulations. (2) An application by a domestic manufacturer for a permit to use a distinctive mark shall be made in Form A, specified in Schedule 3. (3) The application for a permit to use a distinctive mark shall be accompanied by the fee specified in Schedule 4. (4) An inspector shall inspect and assess the manufacturing facility of a domestic manufacturer who has applied for a permit to use a distinctive mark and all commodities covered by the compulsory standard specification to verify that the production, quality assurance processes and commodities conform to the requirements of the compulsory standard specification. (5) For the purposes of sub regulation (4), the applicant shall provide all reasonable facilities to the inspector to assess the commodity, the manufacturing facility or other premises of the applicant for the purposes of verifying documents submitted by the applicant and of obtaining any other information relevant to the application. 172 (6) The council or a person acting under the authority of the council on application for a permit to use the distinctive mark under this regulation, shall grant a permit where it is satisfied that— (a) the commodity in respect of which an application is being made conforms to the compulsory standard specification; (b) the applicant has a functional system of commodity recall; and (c) the applicant has an up-to-date record of the quality control system, including inspection and testing which adequately ensures that the commodity conforms to the relevant standard.

7. Application procedure for an importer. (1) An importer of a commodity for which a compulsory standard specification is declared shall, in respect of each consignment, apply to the council or a person acting under the authority of the council for a permit to use a distinctive mark before importing the commodity into Uganda. (2) An application by an importer for a permit to use a distinctive mark shall be made in the in Form B, specified in Schedule 3. (3) The application for a permit to use a distinctive mark shall be accompanied by the fee specified in Schedule 4. (4) The council or a person acting under the authority of the council may, on application for a permit to use the distinctive mark under this regulation, grant a permit that shall be valid for a period of twelve months on being satisfied that— (a) the commodity in respect of which an application is being made conforms to the compulsory standard specification; and (b) the applicant has an up-to-date record of the quality control system, including inspection and testing which adequately ensures that the commodity conforms to the relevant standard. 173 (5) The council or a person acting under the authority of the council shall in accordance with Section 22 of the Act, require the importer to whom a permit has been issued, to submit for examination or testing, a sample of the commodity in respect of which the permit has been granted to ensure that the commodity meets the declared compulsory standard specification, before issuing the distinctive mark stickers.

8. Refusal to grant permit. (1) The council or a person acting under the authority of the council may refuse to issue a permit to use a distinctive mark where— (a) the commodity in respect of which an application has been made does not conform to the compulsory standard specification; (b) the commodity in respect of which an application has been made has been banned by the Minister under Section 24C of the Act; (c) the commodity in respect of which an application has been made is expired; or (d) any other requirement under these Regulations has not been complied with. (2) Where the council or a person acting under the authority of the council refuses to grant a permit to use a distinctive mark, the council or a person acting under the authority of the council shall state the reasons for the refusal in writing and notify the applicant of the refusal within 15 working days.

9. Renewal of permit. A manufacturer or importer shall apply to the council or a person acting under the authority of the council for the renewal of permit to use a distinctive mark at least three months before the expiry of the permit.

10. Sample testing. (1) Where a sample is required to make an assessment under these Regulations, an applicant shall provide all reasonable facilities and assistance to the inspectors to draw and get samples of the commodity for testing by the Bureau or other testing laboratory designated by the Bureau in writing as a testing laboratory. 174 (2) The cost of transporting a sample, instrument, equipment, apparatus, material or any other expense incurred in connection with the assessment under these Regulations shall be incurred by the applicant. Part IV— T erms of U se of a D istinctive M ark

11. Use of a distinctive mark on a commodity. (1) A distinctive mark shall be applied in a visible, legible and indelible manner before a commodity is placed on the market, and shall be in the form specified in Schedule 2. (2) The distinctive mark may be enlarged or reduced to an appropriate size depending on the size of the commodity on which it is intended to be used.

12. Terms of use of a permit to use a distinctive mark. (1) A manufacturer or importer shall— (a) ensure that the commodity in respect of which a permit to use a distinctive mark has been granted conforms to the compulsory standard specification; (b) use a distinctive mark in accordance with the terms and conditions of the permit; (c) apply the distinctive mark on a commodity covered by a valid permit; and (d) in case of suspension, withdrawal or cancellation of a permit to use the distinctive mark, discontinue its use and immediately withdraw all promotional and advertising material containing any reference to that permit. (2) A domestic manufacturer shall in addition to the terms for the use of a permit to use a distinctive mark in sub-regulation (1)— (a) ensure that any record maintained in relation to the manufacturing process is made available for inspection and shall, at the request of the inspector, allow the removal of the record to the premises of the Bureau for further scrutiny; 175 (b) allow an inspector access to the premises where the commodity specified in the permit is manufactured for the purpose of evaluating materials, production processes, finished commodities, quality assurance facilities and records; (c) in the case of transfer of plant site, give notice of the transfer to the Bureau, at least 21 working days before the transfer; and (d) where there has been any modification in the commodity or manufacturing process, reapply to the council or a person acting under the authority of the council for a permit.

13. Withdrawal or suspension of permit to use a distinctive mark. The council may, at any time, withdraw or suspend a permit to use a distinctive mark where— (a) the commodity does not conform to the compulsory standard specifications; (b) the importer or manufacturer does not take corrective action as -required by the council; (c) the importer or manufacturer uses the distinctive mark or registration number in violation of the permit; (d) the commodity has caused damage to a consumer; or (e) the importer or manufacturer applies for temporary withdrawal.

14. Cancellation of permit to use a distinctive mark. The Council may cancel a permit to use a distinctive mark where— (a) the importer or manufacturer does not comply with the conditions of the permit; (b) the commodity is non-compliant with compulsory standard specifications; (c) the production of the commodity has been terminated by the manufacturer or any lawful authority; 176 (d) the importer or manufacturer applies to cancel the permit; (e) the commodity is not identical to the sample commodity provided by the applicant; (f) the importer or manufacturer does not abide by the rules of suspension in the case of a suspension; or (g) the council establishes that the importer or manufacturer obtained the permit through an improper manner such as bribery or fraud. Part V— M iscellaneous

15. Surveillance audits. (1) The grant of permit to use a distinctive mark shall be followed by surveillance audits. (2) The surveillance audits may be conducted without notice. (3) The council or a person acting under the authority of the council may make a special surveillance audit, where the permit holder fails to observe the conditions of the permit or where there have been significant changes in the organisation of the importer or manufacturer.

16. Offences. A person who— (a) uses a distinctive mark without a permit from the council or a person acting under the authority of the council; (b) falsely represents a commodity to be a commodity that complies with the provisions of these Regulations; (c) having been granted a permit for a distinctive mark applies that mark after the permit has expired or has been withdrawn, suspended or cancelled; (d) applies a distinctive mark otherwise than in accordance with the conditions of his or her permit; 177 (e) refuses to produce before an inspector any document, commodity, material, ingredient, component or substance which has is required under these Regulations; (0 obstructs, assaults or insults an inspector or person assisting the inspector in the performance of his or her duty; (g) fails to comply with any reasonable requirement made of him or her by an inspector to enable the inspector to perform his or her duties under these Regulations; (h) fails to give an inspector any information or assistance under this these Regulations; or (i) wilfully removes, destroys or renders illegible or undecipherable or incapable of identification any document, mark or writing with a view to preventing it from being used as evidence in any investigations under these Regulations, commits an offence and shall on conviction be liable to a fine not exceeding five hundred currency points or imprisonment not exceeding five years or both and in the case of a second or subsequent offence, a fine not exceeding five hundred currency points or imprisonment not exceeding three years or both.

17. Appeals. (1) A person aggrieved by— (a) the refusal to issue a permit; O (b) the conditions of a permit; (c) the withdrawal, suspension or cancellation of a permit; or (d) the variation of any conditions on a permit, may within fourteen days of his or her being informed of that action, appeal in writing to the Minister through the director. (2) The director shall within fourteen days forward the appeal to the Minister with such comments as he or she may think fit. 178 SC H E D U L E 1 Regulation 2, 17. CURRENCY POINT thousand shillings One currency point is equivalent to twenty 179

SCHEDULE 2 DISTINCTIVE MARK. 180 SC H ED U LE 3 FO RM S. F orm A Regulation 6(2) THE REPUBLIC OF UGANDA THE UGANDA NATIONAL BUREAU OF STANDARDS ACT, CAP. 327 APPLICATION FOR PERMIT TO USE A DISTINCTIVE MARK BY A DOMESTIC MANUFACTURER. I I New Applicant Q Renewal A. APPLICANT’S INFORMATION (MANUFACTURER) 1. NAME AND ADDRESS OF APPLICANT Company Name Company Tax Identification Number (TIN) Business Registration Please attach certificate o f registration of business COMPANY ADDRESS Office Address Factory/Manufacturing facility Address Name o f production facility (if different) District Physical address Postal address ■ Email address Tel. contact(s)/fax Website Personnel details Chief Executive Quality Control In-charge Name Designation Mobile number Email address Number of staff Production capacity Installed capacity Actual capacity Annual Turnover 181 B: COMMODITY INFORMATION Information on commodity Commodity intended for certification is Name mandatory. Trademark/ Brand Where applicable, name of Name(s) commodity, its type(s) and/or Commodity mode(s) shall follow as specified Description in the standard. Commodity Standard The applicant is required to declare proof of ownership of For Type(s) the trademark / brand name or Equipment/ Model(s) provide a letter of consent from Electric/ Rating(s) the owner of the trademark! Electronic Size(s) brand name. products FOR OFFICIAL USE ONLY Sector Code: UNBS RECEIVED STAMP Lead Auditor Allocation: C: TECHNICAL & ADDITIONAL INFORMATION List all components and/or raw materials used to assemble or Raw materials manufacture the commodity. Process Draw the process flow chart and identify the quality check points; flow & provide a brief process description. Description Quality control Prepare a quality control check points schedule. Prepare test and inspection equipment list and calibration/ Test equipment verification schedule. 182 Additional Company organizational chart & names and qualifications of information production & QC personnel. Documented procedures describing how non-conforming purchased raw materials and finished products are identified, recorded and handled. Documented procedure describing how customer complaints are recorded and handled. • production flow/process layout. • Commodity analysis reports. • Commodity Labels and Markings. • Any other sector specific requirements. D: DECLARATION AND UNDERTAKING In connection with this application, I/We— a) undertake to ensure the commodity manufactured and the manufacturing processes comply with the relevant standard and the commodity certification requirements respectively; b) undertake to supply all information required by UNBS for the purpose of evaluation of the commodity(ies) to be certified; c) undertake to make samples of commodity(ies) and materials available to UNBS for evaluation and testing; d) agree to give the auditors reasonable access during normal working hours to the premises where the commodity specified in the application is manufactured for the purpose of evaluating materials, production processes, finished commodity, quality assurance facilities, records; e) undertake to pay UNBS all fees of processing this application and maintenance of certification; D agree that UNBS may release information obtained in the course of processing the application to the public or government so far as is prudent in the opinion of UNBS. The client shall be informed accordingly prior to release of any information; and g) undertake to sign the UNBS Commodity Certification Agreement before grant/ renewal of the certification permit. 183 I, hereby, declare that all information given in this application form is correct to my knowledge. An authorized Signature Applicant’s stamp representative of the applicant Name shall put his signature in this Designation section Date Please return form duly completed to: Certification Department, Uganda National Bureau o f Standards, Bypass Link Bweyogerere Industrial Area & Business Park, Kyaliwajala Road, Bweyogerere, Buto, P.O. Box 6329, Kampala, Uganda. Tel. 041-7333250/041-7333251/041-7333252 184 Form B Regulation 7(2) THE REPUBLIC OF UGANDA THE UGANDA NATIONAL BUREAU OF STANDARDS ACT, CAP. 327 APPLICATION FOR PERMIT TO USE A DISTINCTIVE MARK BY AN IMPORTER. The Chairperson, National Standards Council, P.O. Box 6329, KAMPALA. □ New Applicant Q Renewal CUSTOMS ENTRY NUMBER (Not applicable to licensed goods) IDF NUMBER (Not applicable fo r licensed goods) LICENCE CERTIFICATE NO. ( For licensed commodities - route C o f the PVOC program) APPLICANT’S TIN NUMBER. 185 Description of the commodity Trade mark or brand S/N upon and in respect of which the which is in use in respect Quantity distinctive mark is to be used of the commodity 1 2 3 4 5 6 7 8 9 10 Name of Importer_____________________________________________ Email address________________________________________________ Physical address ........................................................................................ Tel:............................................................................................................... DECLARATION AND UNDERTAKING In connection with this application, I/We: a) undertake to ensure the commodity manufactured and the manufacturing processes comply with the relevant standard and the commodity certification requirements respectively; b) undertake to supply all information required by UNBS for the purpose of evaluation of the commodity(ies) to be certified; c) undertake to make samples of commodity(ies) and materials available to UNBS for evaluation and testing; 186 (I) agree to give the auditors reasonable access during normal working hours to the premises where the commodity specified in the application is manufactured for the purpose of evaluating materials, production processes, finished commodity, quality assurance facilities, records; e) undertake to pay UNBS all lees of processing this application and maintenance of certification; f) agree that UNBS may release information obtained in the course of processing the application to the public or government authorities so far as is prudent to warn in the opinion of UNBS. The client shall be informed accordingly prior to release of any information; and g) undertake to sign the UNBS Commodity Certification Agreement before grant/rcncwal of the permit. Signature Date Attachments (Tick as appropriate) FOR UNBS USE ONLY □ Packing list. □ Customs Entry □ Import Application Received and Checked □ Declaration Form (IDF) by.............................................. □ Certificate of Conformity (CoC) □ Test Report No. of ISM stickers Printed □ PVoC □ License Amount paid......... Receipt No....... □ Copy of receipt of payment for ISM Stickers □ Copy of receipt of PVoC penalty (where Distinctive mark Stickers checked and applicable) released by................................... NOTE: • Payment shall be made at the time of tiling the application. • Fill each consignment on a separate form. TERMS AND CONDITIONS (1) The importer shall establish and maintain a system of commodity recall, and addressing complaints filed by its clients or consumers concerning its certified commodities and shall maintain records thereof. (2) The importer shall ensure that its certified commodity conforms at all times to a specified standard and shall be liable for any damage caused by the said commodity to its consumers. 187 (3) The importer shall pay the applicable fees and charges as billed by UNBS. Please return form duly completed to: Imports Inspection and Clearance Department, Uganda National Bureau of Standards, Bypass Link Bweyogerere Industrial Area & Business Park, Kyaliwajala Road, Bweyogerere, Buto, P.O. Box 6329, Kampala, Uganda. Tel. 041-7333250/041-7333251/041-7333252 188

SCHEDULE 4 Regulation 6,7 FEES. No. ACTIVITY FEE Local Company - 100,000/= 1. Application fee Small Medium Enterprises - NIL Within Kampala - 1,000,000/= 2. Audit fees Up-country - 1,500,000/= SMEs - 350,000/= per commodity. 3. Annual permit fees Large company - 800,000/= per commodity. Importers - NIL HON. AMELIA KYAMBADDE (MP) M inister o f Trade, Industry and Cooperatives. 189