Food, Drugs and Cosmetics (Fees and Charges) Regulations, 2005 (G.N. No. 439 of 2005)

Tanzania Food, Drugs, Cosmetics G N. No.439 GOVERNMENT NOTICE NO. 439 Published on 30/12/2005 THE TANZANIA FOOD, DRUGS AND COSMETICS ACT, 2003 REGULATIONS ARRANGEMENT OF REGULATIONS Regulation Title 1. Citation. 2. Application. 3. Interpretation 4. Restriction on conducting business without paying fees and dues 5. Fees to be paid by product dealers 6. Training and Consultancy Services 7. Duty to collect fees 8. Fees and Charges not refundable nor transferable 9. Offence 10. Penalty 11. Revocation SCHEDULE FIRST SCHEDULE CATEGORY “A”-Laboratory Services. CATEGORY “B”-Other Services. 1 Tanzania Food, Drugs, Cosmetics G N. No.439 THE TANZANIA FOOD, DRUGS AND COSMETICS ACT, 2003 (No. 1 of 2003) REGULATIONS Made under section 122(1)(i) THE FOOD, DRUGS AND COSMETICS (FEES AND CHARGES) REGULATIONS, 2005 Citation 1. These Regulations may be cited as the Food, Drugs and Cosmetics (Fees and Charges) Regulations, 2005; Application 2. These Regulations shall apply in all areas to which the Act applies and shall have effect on the date of publication in the Gazette; Interpretation Act No. 1 of 2003 3. In these Regulations unless the context otherwise requires “Act” means the Tanzania Food, Drugs and Cosmetics Act, 2003; “alteration fee” means a fee paid by a registrant in relation to alteration to be made regarding product composition, formulation, packaging, labeling or any other changes relating to alteration made to a registered product; “annual retention fee” means a fee paid by a registrant for the purpose of retaining a registered product in the register of the Authority; “Authority” means Tanzania Food and Drugs Authority or its acronym “TFDA” established under section 4(1) of the Act; “duplicate certificate” means a certificate issued to replace a certificate, permit or license, previously issued by the Authority; “fees” includes any charge made or levied in connection with but not limited to services rendered by the Authority; “FoB” means Free on Board value of regulated product(s) to be imported into Tanzania mainland; “Good Manufacturing Practices (GMP)” means practices prescribed by the Authority for manufacture of products to ensure that such products are of good quality, safe and effective for the intended use; “manufacturing” means all operations involved in the product preparation,processing,compounding,formulating,filling,refining,transformation,pa rcking and labeling of product regulated under the Act; “manufacturer” means person or firm that is engaged in the manufacture of a product regulated under the Act; “large scale enterprise” means an enterprise with capital investment exceeding eight hundred million shillings; 2 Tanzania Food, Drugs, Cosmetics G N. No.439 “Local Authority” means and includes City Council, Municipal Council, Town Council or District Council; “medical representative” means a person representing a drug or medical devices manufacturer in Tanzania mainland for the purpose of marketing such company’s product(s). “medium scale enterprise” means an enterprise with capital investment of not less than two hundred million but not exceeding 800 million shillings; “micro scale ” means an enterprise with capital investment of not exceeding five million shillings; “new medicine” means a medicine whose chemical moiety is new, or little documented or in a new formulation with a new route of administration or with a new indication; “old medicine” means a medicine whose chemical moiety is subject to pharmacopoeia documentation and its pharmacological actions are known and well documented; “pre-licensing or registration inspection” means inspection carried out on premises to verify compliance with set requirements prior to granting of a license or permit or registration certificate; “product carrier” means any box, detachable compartment, tank or container, receptacle or any other arrangement in which a product may be carried in “product dealer” means a product manufacturer, packer, importer, exporter, distributor, seller or any other dealer in any product business to which the Act applies; “regulated products” means food, drugs, cosmetics, herbal drugs, medical devices or related products as prescribed in the Act; “registrant” means any person who under his own name or under a trade, design or word mark, trade name or other name work or mark controlled by him intends to sell or sells food, drugs, cosmetics and medical devices and includes a firm, partnership or corporation; “registration certificate” means a certificate issued by the Authority in respect of a registered product or premises; “restoration fee” means fees paid for restoration of a license or permit or registration certificate suspended by the Authority; and “small scale enterprises” means an enterprise with capital investment exceeding five million shillings but less than two hundred million shillings. Restriction on conducting business without paying fees and dues 4. - (1) No person shall carry on any business related to products regulated under the Act unless he has paid the necessary fees prescribed under these Regulations. (2) Any person found operating a business using an expired permit, certificate or license previously issued by the Authority thirty days after its expiry date, shall be required to pay in addition to the due fees or charges a penalty of 25%. Such 3 Tanzania Food, Drugs, Cosmetics G N. No.439 penalty also applies to delayed payment of any due fees or charges covered under these regulations. Such person shall be required to meet other requirements prescribed by the Authority for such a business. Fees to be paid by product dealers 5. -(1) The fees shown in the Schedule to these Regulations shall be paid by a product dealer in connection with the following matters: (a) Laboratory sample analysis; (b) Product evaluation and registration; (c) Pre registration GMP inspection; (d) Annual medical representative permits; (e) Certification of export; (f) Annual dealers license/permit; (g) Approval of product advertisement; (h) Annual retention for registered products; (i) Product alteration; (j) Duplicate certificate, permit or license; (k) Restoration of licenses, certificates or permit; (l) Trade fair permit; and (m) Laboratory training fees. (2) All laboratory tests shall not be charged any overhead expenses in addition to the cost of tests carried on. Training and consultancy services 6(1) Consultancy and Expert Services offered by the Authority shall be charged US$ 250 per Man-day. Reimbursable expenses and traveling & accommodation expenses shall be charged as per the actual expenses incurred. (2) Training of any person other than Tanzanian student at TFDA shall be charged a fee as provided under the schedule to these regulations. Duty to collect fee 7.-(1) Fees paid under these Regulations shall be collected and appropriated by the Authority; (2) Notwithstanding the provision of sub-regulation (1) of this regulation the Authority shall devise a safe and good method of fees collection and may delegate the duty of fees collection to any Local Authority or any agent in whose area the business in respect of which the fees is paid operates. (3). Fees paid under these Regulations shall be paid in Tanzania shillings, U$ or its equivalence in convertible currency. Fees and charges not refundable nor transferable 8. All fees payable under these regulations are neither refundable nor transferable. Offence 9. Any person who contravenes or fails to comply with these regulations or directly or indirectly aid any other person to commit an offence under these regulations shall be guilty of an offence; Penalty 10. Any person found guilty of an offence under these regulations shall be liable on conviction to the penalty prescribed by the Act; 4 Tanzania Food, Drugs, Cosmetics G N. No.439 Revocation of GN No 394 of 1984 and GN No 363 of 1990 11. The Food (Control of Quality) (Fees and Charges Regulations of 1984 and the Pharmaceuticals and Poisons Regulations of 1990 which relate to fees and charges are hereby revoked. SCHEDULE TFDA SERVICE CHARGES CATEGORY A: LABORATORY SERVICES S/n Product Types Parameters to be tested Cost (US $) 1 Drugs and cosmetics all dosage forms All parameters 300 2 Food products 2.1 Cereal, cereal products, food and pulses Physical Test Visual Appearance 2 Insect damage 2 Heat damaged grains 2 Coloured grains 2 Discoloured grains 2 Immature or shriveled grains 2 Foreign matter 2 Chalky grain 2 Paddy grain 2 Other tests Glutein 5 Sieve test 5 Moisture 10 Ash 15 Acidity 10 Solubility 5 Microbiology 50 Protein 25 Presence of sodium chloride 25 Potassium Bromate 25 5 Tanzania Food, Drugs, Cosmetics G N. No.439 Pesticide residues 45 Total carbohydrates 10 Acid insoluble ash 25 Urease Activity 10 Per Vitamins 25 Starch content 10 Microscopic 10 Fibre 25 Atropine level 20 Aflatoxin 50 Glycosidic Cyanide 20 Talc 15 2.2 Non-alcoholic beverages Physical 2 Acidity 10 Sugar 5 Preservatives 20 Sweeteners 20 Microbiology 50 Carbon dioxide 10 Food colour 10 pH 5 Metals - each by AASS 20 Alcohol 14 Total Solids 7 2.3 Fermented products Total Acidity 10 pH 5 Fixed Acidity 10 Volatile Acidity 10 Total Solids 7 Reducing Sugar 10 Tannin 10 Free Sulphur 10 Specific Gravity 7 Metals-each by AAS 20 Ash Content 10 Carbon Dioxide 10 6 Tanzania Food, Drugs, Cosmetics G N. No.439 Alcohol 14 Higher Alcohols 20 Preservative quantification 20 Non Sugar Solids 5 Methanol (presence of) 20 Microbiological 50 Sugar Content 10 Starch content 10 2.4 Diary and Diary products Physical 2 Moisture 7 Milk fat 15 Curd 15 pH 5 Specific Gravity 7 Acidity 10 Solubility 5 Titrable Acidity 5 Milk Solids 7 Ash 10 Lactose 10 Microbiology 50 Butter Salt 15 Titrable acidity 10 Metals-each by AAS 20 Protein 25 Casein in milk 15 Antibiotic in milk 45 Pesticide Residues 45 Total Solids 5 Solids and non fats 10 Aflatoxin 30 Albumin in milk 20 Phosphate tests 15 Colour additives 25 Freezing point 5 Sugar in milk 30 Refractive index 7 7 Tanzania Food, Drugs, Cosmetics G N. No.439 Fatty Acid Profile 45 2.5 Sugar and Honey Physical 2 Moisture 7 Moisture under vacuum 10 pH 5 Polarization 10 Reducing sugar 15 Sulphur dioxide 15 Colour in icumssa 15 Total Ash 10 Conductivity Ash 10 Metals (each) 20 HMF 25 Diastase activity 20 Water insoluble matter 10 Total nitrogen 25 Proline 20 Free acidity 10 Sucrose 15 Lactose 15 Antibiotic Residues 45 Pesticide Residues 45 Dextrose 15 2.6 Edible Common Salts Physical 2 Moisture 7 pH 5 Water Insoluble Matter 10 Matter Insoluble in Acid 10 Chlorides 10 Metals-each by AAS or FP 20 Sulphates 10 Alkalinity 10 Fluorides 15 Iodine 15 2.7 Fats and Oils Matter (volatile at 105C) 7 8 Tanzania Food, Drugs, Cosmetics G N. No.439 Insoluble impurities 10 Soap 5 Metals (each) by AAS or FP 20 Refractive index 7 Relative density 7 Saponification value 10 Iodine value 15 Free fatty acid 7 Unsaponifiable matters 20 Arachidic acid 10 Melting point 5 Clarity 3 Halphen 5 Hex bromide 5 Poly bromide 5 salt (as NaCL) 20 Peroxide 7 Colour by Tintometer 5 Oil identification by GC 40 Bandoin 5 Bromine 5 Chlorides 10 Gossypol in 15 Fatty Acid Profile by GC 45 Starch 10 2.8 Tea, Coffee, Cocoa Physical 2 pH 5 Alkalinity of insoluble matter 20 Microscopic 5 Starch 10 Sugars 10 Fats 15 Water soluble Ash 20 Moisture 10 Volatile oils 10 Non volatile oils 10 9 Tanzania Food, Drugs, Cosmetics G N. No.439 Acid insoluble Ash 20 Calcium 20 Extraneous matter 2 Total Ash 10 Crude Fibre 15 Metals (each) 20 Melting point of fats 5 Microbiology 50 Alcohol extract 15 Water extract 10 Salt (NaCl) 20 Caffeine 20 Aflatoxin 30 2.9 Fish and Fish Products Physical 2 Total volatile bases 20 Trim ethylamine 20 Indole 20 Histamine 20 Preservatives 15 Pesticides residues 45 Microbiology 50 Metals (each) 20 Protein 25 Ash 10 Volatile fatty acid 25 Fat content 15 Salts 20 Hypoxanthine 20 Boric Acid 20 Ammonia in Crabs 25 Pesticide Residues (i) Lassaigne 20 (ii) FTIR/IR 25 2.10 Meat and Meat Products Physical 2 Protein 25 Moisture content 7 Total Volatile bases 20 10 Tanzania Food, Drugs, Cosmetics G N. No.439 Thiobarbituric acid 20 Free fatty acid 15 Peroxide value 15 Benzoic acid 10 Colour additives 20 Metals (each) by AAS or FP 20 Ash 10 Phosphorus in meat 20 Hydroxyproline 15 Nitrates and nitrites 15 Microbiology 50 Carbohydrates 25 Starch 15 Fats 15 Pesticide Residues 45 Antibiotic Residues 45 Precipitin 30 Lean Meat 30 CATEGORY B: OTHER SERVICES 1. Medicines a. Evaluation of medicines i. Evaluation of old medicine from local manufacturing company U$ 350 ii. Evaluation of new medicine from local manufacturing company U$ 530 iii. Evaluation of old medicine from foreign manufacturing company US$ 750 iv. Evaluation of new medicine from foreign manufacturing company US$ 1000 b. Retention fees for registered pharmaceutical products per annum i. Local products U$ 45 ii. Imported products US$100 c. Inspection, surveillance and administrative costs for imported pharmaceutical products 2% FoB value for each consignment as per Import Declaration Form (IDF) 2. Food a. Imported pre-packaged food i. Evaluation and registration fees per product for three years US$ 50 ii. Laboratory fee as per parameters specified in the food standard for that product iii. Cost for inspection, surveillance and administrative costs 0.50% FOB value for each imported consignment 11 Tanzania Food, Drugs, Cosmetics G N. No.439 b. Locally manufactured products i. Evaluation and registration fees per product for three years U$ 30 ii. Laboratory fee as per parameters specified in the food standard for that product 3. Cosmetics a. Imported Cosmetics i. Evaluation and registration per product for three years US$ 75 ii. Cost for surveillance and administrative 1% FOB value for each imported consignment as per Import Declaration Form (IDF) b. Locally manufactured cosmetics i. Evaluation and registration fees per product for three years U$ 45 ii. Laboratory fee as per parameters specified in the standard for that cosmetic 4. Medical devices a. Imported i. Evaluation and registration per product for 5 years US$ 500 ii. Inspection, surveillance and administrative costs 1% FoB value per imported consignment as per import declaration form (IDF) b. Locally manufactured i. Evaluation and registration per product for 5 years U$ 90 5. Pre registration GMP inspection fees for each manufacturing site a. African countries: US $ 3,000 b. Abroad: i. Far East US $ 3,500 ii. Asia/India US $ 3,500 iii. Europe US $ 4,000 iv. USA US $ 4,500 6. Annual dealers license/permit a. Distributors (Tanzania shillings) Firm category Capital Investment Pharmaceutical Food Cosmetics Micro Up to 5 mil 20,000 10,000 20,000 Small Above 5 mill-200mill 30,000 20,000 30,000 Medium Above 200 mill-800mill 50,000 40,000 50,000 Large Above 800mill 100,000 75,000 100,000 12 Tanzania Food, Drugs, Cosmetics G N. No.439 b. Manufacturers (Tanzania shillings) Firm category Capital Investment Pharmaceutical Food Cosmetics Small Above 5 mill-200mill 60,000 30,000 60,000 Medium Above 200 mill-800mill 175,000 125,000 175,000 Large Above 800mill 250,000 250,000 250,000 7. Annual medical representative a. Foreign medical representative US $ 100 b. Local medical representative Tanzania Shillings, 50,000/ 8. Evaluation of product promotional material per advert Tanzania shillings, 30,000/ 9. Evaluation of registered product alteration information a. Local product Tanzania shillings 10,000/ b. Foreign product US$ 30 10. Export certificate Tanzania shillings 10,000/- for each certificate Evaluation and registration of medicines and medical devices for clinical trials 50% of the product evaluation fee 11. Duplicate certificate US$ 10 12. License/permit restoration fee: 25% of the respective License or permit fee 13. Training in the TFDA laboratory is charged at Tanzania shillings 40,000/- per day for residents and US$ 50 per day for non-residents and free for Tanzanian students 14. Trade fair permit US $ 20 Dar es Salaam Anna M. Abdallah (MP) October 2005 Minister for Health 13