Standards Act, 2009 (No. 2 of 2009)

1. Short title Short title and commencement. commencement.

2. Interpretation. Interpretation. II PART II PART TANZANIA BUREAU THE TANZANIA THE BUREAU OF STANDARDS STANDARDS

3. Establishment Establishment of of the Bureau. Bureau.

4. Functions Functions of of the Bureau. Bureau.

5. Board. Board.

6. Powers Powers and duties duties of of the Board. Board.

7. Appointment Appointment and functions functions of of the Director Director General. General.

8. Committees Committees and sub-committees. sub-committees.

9. Directorates, Directorates, departments departments and sections. sections.

10. Register. Register. III PART III PART FINANCIAL PROVISIONS FINANCIAL PROVISIONS

11. Funds of

11. Funds of the Bureau. Bureau.

12. Loans. Loans.

13. Annual Annual and supplementary supplementary budget. budget. 14. Investment.

14. Investment.

15. Accounts Accounts and audit. audit.

16. Director Director General's General's report. report.

17. Annual Annual statement statement of of accounts accounts and report report to be laid before before National Assembly. National Assembly. 2 No.2 Standards 2009 PARTIV PART IV ESTABLISHMENTOF ESTABLISHMENT OF STANDA RDS STANDARDS 18. Standards marks.

18. Standards marks.

19. Stateme nts

19. Statements by by suppliers. suppliers.

20. Powers of the Ministertotodeclare

20. Powers of the Minister declarestandards standards 21. 2 I. Appeal Appeals.s. PARTY PART V ENFORCEMENT PROVISI ENFORCEMENT ONS PROVISIONS 22.

22. Sample Sampless and and informa tion. information.

23. Appoin tment of inspecto

23. Appointment of inspectors. rs. 24.

24. Powers Powers of of inspecto rs. inspectors. 25.

25. Compu lsory commo Compulsory commoditydity recall. recall.

26. Obstruc tion.

26. Obstruction. 27.

27. Genera General penalty penalty. 28.

28. Commi ssion of Commission of an offence by a body an offence corporate.te. body corpora 29.

29. Liabilit Liability of of employ employerer or principa principal.l. 30.

30. Compo unding of Compounding of offence offencess PART VI VI GENERALL PROVISIO GENERA PROVISIONS NS 31. 3 I. Ministe Minister may may give give directio directions to Board. ns to Board. 32.

32. Protect Protection of ofGovern Govemment, Bureau,, Board, ment, Bureau Board, membe membersrs ofofthe the Board Board andemploy and employees against against claims claims in in relation relation to to standar standards marks. ds marks. 33.

33. Protect Protection ion ofofmembe members of of the the Board Board and and officers officers of of the the Bureau. Bureau. 34.

34. Disclos Disclosure ofinformation. ure ofinform ation.

35. Prohibit

35. Prohibition ofvictimiz ion of victimization. ation. No.2 Standards 2009 3 PART VII PART PROVISIONS MISCELLANEOUS PROVISIONS MISCELLANEOUS 36. Regulations.

36. Regulations.

37. Fees

37. Fees and and allowances. allowances.

38. Repeal

38. Repeal and and savings. savings. SCHEDULE No.2 Standards 2009 5 THE UNITED REPUBLIC OF TANZANIA An Act to provide provide for the promotion of the promotion of the standardization standardization of of specifications of commodities specifications commodities and services, services, to re-establish re-establish the Tanzania Bureau Bureau of Standards Standards and to provide provide better better provisions for the functions, provisions functions, management management and control control of of the the Bureau, to repeal the standards Bureau, standards Act, Act, Cap.130 Cap.130 and and to provide provide for other other related matters. matters. Enacted by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS PRELIMINARY PROVISIONS I.-( I) This Act may be cited as the Standards Act, 2008. Short title Shon title and and com- com- (2) (2) This This Act Act shall shall come come into operation operation on such date date as the Minister Minister mence- mence- may, may, by notice published by notice published in in the Gazette, Gazette, appoint. appoint. ment ment

2. In this Act, unless the context requires otherwise-- Interpre- Interpre- "Board" means the Board of the Tanzania Bureau of Standards tation tation established by section 5; "Bureau" means the Tanzania Bureau of Standards established by section 3; 6 No.2 Standards 2009 "code of "code of practice" practice" means means a set set of of rules rules relating relating to to the the method method to to bebe applied or applied or the the procedure procedure to be be adopted adopted in connection connection withwith thethe construction, installation, construction, installation, designing, designing, manufacturing, manufacturing, maintenance, maintenance, testing, operation testing, operation or use use of of anyany article, article, apparatus, apparatus, instrument, instrument, device device process; or process; .... __ _ "commodity" means "commodity" means all arr arti'cle or/thing o/thing Which which is the the subject subject of of industry, industry, trade or business; trade business; _ "compulsory standard" "compulsory standard" mea¢a mea¢a StandaRi sfandaRi ~hfuh ~hlch has has been been declared declared by the Minister Minister to compulsory standard be a compulsOry standard under urider section section 20; 20; "Director" means "Director" ota Director of'a Directorate means a Director Directorate established established pursuant pursuant to 9;, section 9; section , ;--, 7', ~, /~ ~ ./~ .. "Director General" "Director 7· 7', ' General" means'~-Directof -- means'~-Directof General '- General appointed appointed under under section section "inspector" means "inspector" means an Inspector Inspector appointed appointed under under section section 23; "local government "local government authority" authority" has the meaning meaning ascribed ascribed to it under under the the Government (District Local Government (District Authorities) Authorities) Act Local Government Act and the Local Government Caps. 287 and 288 (Urban Authorities) (Urban Authorities) Act; Act; "management" means "management" means the Director Director General, General, Directors Directors ofof Directorates, Directorates, Heads of Heads of Departments, Departments, HeadsHeads of of Sections Sections andand any any other other officer officer appointed by the Board appointed Board or the Director Director General; General; "measurement standard" "measurement standard" means means a realization realization of of the definition definition of of a given given quantity, with stated quantity, stated quantity quantity value value and associated associated measurement measurement uncertainty, used as a reference; uncertainty, reference; "mark" includes "mark" includes any device, device, brand, brand, heading, heading, label ticket, ticket, name, name, signature, signature, word, letter, numeral word, numeral or any combination combination of of them; them; "Minister" means "Minister" means the Minister Minister responsible responsible for industries industries and trade; trade; "National Measurement "National Measurement Standard" Standard" meansmeans measurement measurement standard standard recognized by the Bureau recognized Bureau to serve serve as the basis basis for assigning assigning quantity quantity values to other values other measurement measurement standards standards for the the kind kind ofof quantity quantity concerned; concerned; "National Standard" "National Standard" means means a standard standard declared declared by the Minister Minister under under section 20; section "Register" means "Register" means official official records records for national national standards, standards, certification certification systems, standard systems, standard marks marks and licenses; licenses; "sell" includes "sell" includes barter barter trade trade and exchange, exchange, exposure, exposure, offer offer for sale and export for or in pursuance export pursuance of sale, and have in possession possession for any purpose of sale, export, purpose export, trade trade or manufacturing; manufacturing; "service" means "service" means work performed performed as a support support operation operation involving involving non- manufactured, non-tangible manufactured, non-tangible and utility utility provision provision for someone someone else, else, whose recipient whose recipient is a consumer; consumer; No.2 · Standards 2009 7 "specificati "specification" description of means aa description on" means commodity by any commodity of any by reference reference to to purity, composition strength, purity, quality, strength, nature, quality, itsnature, its , quantity, composition, quantity, dimensions,dimensions, other characterist or other age or origin, age durability, origin, grade, durability, weight, grade, weight, characteristics any to any or to ics or substance or substance material of or material which, or with which, or with of or or the manner in the manner any which, any in which, commodity may commodity may be be manufacture d, produced, processed manufactured, produced, processed or treated; or treated; "standard" means "standard" means set rules or of rules set of prescribing recommend conditions prescribing or conditions recommending ing or relating to or relating state of the state to the being of of being matter or of aa matter thing as or thing universally as universally recognized for recognized and repeated use, rules, common and repeated use, rules, guidelines or for common guidelines or characterist characteristics ics for activities or for activities aimed at achieving results, aimed at achieving an their results, or their an optimum degree optimum degree of order in of order including other context including given context in a given other recommendations recommend ations made made by by the Bureau, Bureau, relating relating to or or governing governing the the specification,n, code specificatio code of trade description, practice, safety, trade description, sampling of practice, sampling method, testing method, method or testing method nature or quality, nature aspect, quality, other aspect, or any other matter or matter relating relating to to or or connected connected with- with- ((a) a) the marketing ofany production or marketing the production commodity or any commodity services; or or services; or (b) any (b) component, raw material, any component, apparatus instrument, apparatus machinery, instrument, material, machinery, or other or other thing indirectly, in directly or indirectly, thing used directly production or the production in the or marketing marketing of any commodity commodity or or service, service, and includes, and includes, in approved or provisions approved metrology, provisions relation to metrology, in relation prescribed orprescribed by the by the Bureau Bureau relating fundamental unit relating to the fundamental unit or constant physical constant or physical and the testing of instruments and the testing of instruments and apparatus apparatus used used for for the the determinatio determination n of weights of weights and measures; measures; "standardization" "standardiza tion" means means an act activity of or activity act or establishing, with ofestablishing, regardtoto withregard actual actual or potential potential probl~ms, probl~ms, provisions provisions for for the the common common and and repeated repeated use use and includes the process offormulating, includes the process of formulating, issuing issuing and and implementin implementing g standards, aimed standards, aimed at achieving achieving an an optimum degree of optimum degree given orderinin aagiven oforder context; context; and "standards mark" "standards mark" means means a mark mark which which has approvedand beenapproved has been registered andregistered by the by Bureau as amark the Bureau mark denoting denoting conformity conformity to standard. given standard. to aa given PART IIII PART THE THE TANZANIA TANZANIA BUREAU BUREAUOF OF STANDARDS STANDARDS Establish- Establish- ment of 3.-{l) There is re-established the Tanzania Bureau of Standards. ment of the the Bureau Bureau (2) (2) The The Bureau Bureau shall shall be be the the custodian custodian and andan overseerofof anoverseer observance of standards observance of standards in in Tanzania. Tanzania. 8 No.2 Standards 2009 (3) The (3) The Bureau Bureau shall shall be be a body body corporate corporate and and shall shall have have perpetual perpetual succession and a common seal succession and common seal and and may may sue sue and and be be sued sued in in its its corporate corporate name. name. (4) 4) The The Bureau Bureau may, may, for for the the purpose purpose ofofperformance performance of ofits its functions, take, purchase, acquire, charge, hold functions, take, purchase, acquire, charge, hold and and dispose dispose of of movable and immovable movable immovable property property and and enter enter into into contracts contracts or or other transactions other transactions which which may may lawfully lawfully be be done done or or performed performed by by aa body corporate. body corporate.

4.-(1) I) Subject Subject to any any direction direction of ofaa general general nature nature which which the the Functions Functions Minister may give give under under section section 31, 31, the the functions functions of ofthe of of the the Minister the Bureau Bureau Bureau Bureau shall be to- (a) undertake undertake measures measures for for quality quality control control of of commodities, commodities, services and environment services environment ofof all descriptions descriptions and and to to promote promote standardization in industry standardization industry and trade; trade; (b) make make arrangements arrangements or provide provide facilities facilities for for the the testing testing and and calibration of calibration of precision precision instruments, instruments, gauges gauges andand scientific scientific apparatus, for the determination apparatus, determination of of their their degree degree ofof accuracy accuracy and traceability traceability by comparison comparison with with standards standards approved approved by by the Minister Minister on the recommendation recommendation of of the the Board, Board, and and for for the issued issued of certificates certificates in regard regard to them; them; (c) (c) make arrangements or provide make arrangements provide facilities facilities for the the examination examination and testing of commodities and testing commodities and any material material oror substance substance from or with which, and from or with which, manner in which, and the manner which, they they may may be manufactured, produced, manufactured, produced, processed processed or treated; treated; (d) approve, register (d) approve, register and and control control the use of of standard standard marks marks in accordance with accordance with the the provisions provisions of this Act; (e) (e) grant, grant, renew, suspend, vary or cancel renew, suspend, cancel any license license issued issued for for the the use use of of any standards mark; any standards (t) (t) assist industries in assist industries in setting setting up and enforcing enforcing quality quality assurance assurance and environmental management and environmental management systems systems procedures; procedures; (g) (g) prepare, prepare, frame, frame, modify or amend modify or amend National National Standards; Standards; (h) encourage or (h) encourage or undertake undertake educational educational work in in connection connection with standardization quality standardization quality assurance, assurance, metrology, metrology, testing testing and and environment; environment; No.2 Standards 2009 9 theGovernme assist the (i)(i) assist preparationn the preparatio in the person in other person any other orany nt or Government standards;; ofstandards framing of andframing and other Governme with other co-operate with (j)(j) co-operat Government agencies, representa nt agencies, tives representatives any other or any industry or any industry ofany of statutory corporatio other statutory n or person corporation or person adoption and the adoption securing the tosecuring view to withaaview with applicationn practical applicatio and practical standards;; of standards of and testing sampling and inspection,, sampling the inspection for the provide for (k) provide (k) locally of locally testing of manufact ured and manufactured imported commodi and imported to view to with aa view ties with commodities determini ng whether the commodi ties comply determining whether the commodities comply with the with the provisions of provisions law dealing any other law or any Act or this Act of this standards with standards dealing with those commodit to those relevant to relevant ies; commodities; act as (I) act (I) as the custodian of the custodian National Measurem of the National Measurement Standards ent Standards weights and of weights of measures and and measures from time to time adjust, replace time to time adjust, replace cancel any or cancel or adjustment, replacementnt the adjustment, where the standards where any standards replaceme conformity ofconformity maintenancece of the maintenan necessary for the cancellationn is necessary or cancellatio or the internatio to the to standards; nal standards; international (m) be (m) be the arrangementwith recognition arrangement mutual recognition the mutual signatory ofthe the signatory with national metro other national other institutes; logy institutes; metrology (n) collect, (n) materials othermaterials and other literature and disseminatete literature publish and dissemina collect, publish on standardiz on subjects and to provide related subjects and to provide other related and other ation and standardization faci1ities for the facilities members of the members the accesstotothe have access to have public to the public ofthe materials; materials; ((0) o) carry-out, carry-out, promote promote or research or in research assist in or assist or standardiz ation standardization and related related subjects; subjects; (p) participat (p) participate e in, in, or or to make arrangem to make arrangements conferences, for conferences, ents for workshops, seminars and discussion workshops, seminars and discussions s on on matters matters connected connected with the with the activities activities of ofthe the Bureau; Bureau; ((q) co-operate co-operate with with regional regional and international organizati andinternational all onsininall organizations matters matters related lated to standardization to standardiz and qua ationand assuranceand Iityassurance quality and represent the represent the country country in in such such matters; matters; (r) (r) publish publish from from time time to to time time an an updated National versionofofaaNational updatedversion .· Standard for the quantities Standard for the quantities and and units unitsof of measurem measurement ent totobebe used, which shall be in conformity with the latest versionofof used, which shall be in conformity with the latest version the International the Internatio nal System SystemofofUnits; Units; (s) (s) undertake pre-shipmentent verification undertake pre-shipm (PVoC)toto conformity(PVoC) verificationconformity standards; and standards; and IO No.2 Standards 2009 (t) do (t) do all all other other acts acts and and things, things, and and enter enter into into any any transactions, transactions, which are, in which are, in the the opinion opinion of ofthe the Board, Board, expedient expedientor ornecessary necessary for the for the proper proper and and efficient efficient discharge discharge of ofthe the functions functionsof ofthe the Bureau. Bureau. (2) In (2) the perfonnance In the perfonnance of of its its functions functions the the Bureau Bureau shall- shall- (a) have (a) have regard regard to the the health, health, safety, safety, environment environment and and general general welfare of welfare of the the people people of of the the United United Republic; Republic; and and (b) maintain, as far as may (b) maintain, may be practicable, practicable, aa system system ofofconsultation consultation co-operation with and co-operation with any any body body established established by by or or under under any any written written law and having functions similar having functions similar toto those those specified specified in in subsection (I) subsection (1) or having having functions functions relating relating to to industrial industrial or or commercial standards commercial standards generally. generally. (3) (3) Notwithstandin Notwithstanding g the existence existence of of any any other other standard, standard, the the standards standards declared by declared by the Minister shall prevail the Minister prevail over over any any other other existing existing standards. standards. 5.--{I) 5.-{ There There shall shall be a Board Board of of Directors Directors of of the the Tanzania Tanzania Bureau Bureau of of Board Board Standards. Standards. (2) (2) The The provisions provisions of of the Schedule to this the Schedule this Act Act shall shall have have effect effect as as to to the composition, appointment the composition, appointment and tennination termination of of members, members, proceedings proceedings and and other other matters relating to the Board. matters relating Board. (3) (3) The Minister may, The Minister may, by Order published by Order published in the Gazette, Gazette, amend, amend, vary, vary,alter alter or or replace replace all all or or any any of of the the provisions provisions of the Schedule Schedule to this this Act. Act. 6.--{ 6.-{I)I) Subject Subject to to the the provisions provisions of of this this Act, the management management and control control Powers Powers and and of the Bureau of the Bureau shall shall be be vest vest in in the the Board. Board. duties duties of of the Boardthe Board (2) (2) In particular and In particular and without without prejudice prejudice to to the the generality generality ofof subsection subsection (1(I), the the Board Board shall shall have have powers powers toto -- (a) administer properties (a) administer properties of of the the Bureau, Bureau, both both movable movable andand immovable; immovable; (b) (b) administer administer the the funds funds and and other other assets assets ofof the Bureau; Bureau; (c) (c) signify signify acts acts of ofthe the Bureau Bureau by by using using official official seal; seal; (d) (d) on on behalf of the Bureau, behalfofthe Bureau, receive receive gifts, gifts, fees, fees, donations, donations, grants grants or or other other moneys; moneys; No.2 Standards 2009 ll subject to (e) subject (e) to the provisions of the provisions appoint officers Act, appoint this Act, of this officers ofof the the which the Bureau which Bureau Board may the Board necessary; consider necessary; may consider establish subsidiary (f) establish (f) agencies to organizations or agencies subsidiary organizations to undertake undertake related to services related specialized services specialized standardization and to standardization quality and quality assurance activities; assurance activities; and and for in provided for which may be provided things which and things acts and all acts do all (g) do (g) or Act or this Act in this may, in as may, as necessary or Board, be necessary the Board, opinion ofthe the opinion inthe expedient or expedient the proper for the for Bureau. the Bureau. of the functions of discharge of the functions proper discharge Appoint- Appoint- 7.-{l) 7 .-{ shall who shall Bureau who of the Bureau General of Director General be aa Director shall be There shall 1) There ment and ment and functions functions appointed by be appointed be by the President. the President. of the of the Director Director (2) The (2) Bureau the Bureau of the executive of chief executive General shall be the chief Director General The Director General General to the Secretary to and Secretary and Board. the Board. (3) The (3) charged committees charged technical committees shall form technical General shall Director General The Director with formulation with ofunviersally formulation of unviers of sectors of various sectors standards in various applicable standards ally applicable the economy. the economy. Commit- Commit- 8.-{l) 8.-{ sub-committees itit and sub-committees committees and appoint committees The Board may appoint I) The tees and tees and sub- sub- considers necessary considers necessary consisting or members or co-opted members members, co-opted of its members, consisting of commit- both- commit- both- tees tees (a) to perform perform any any function function of the to the assigned to Board assigned the Board of the committee or sub-committee; committee sub-committee ; (b) to advise advise the Board or committeeor the committee to the referred to matter referred Board on a matter sub-committee. sub-committee. (2) The provisions provisions ofofthe the Schedule Schedule to thanthe otherthan Act ((other thisAct to this provisions theprovisions which relate which relate to the the composition composition of of the the Board) Board) shall shall apply, apply, mutatis mutatis mutandis relation to the committees and sub-committee mutandis in relation to the committees and sub-committees s appointed appointed under this under this section. section. Notwithstanding subsection Notwithstanding subsection (2),(2), that that the the Board Board may directionsinin bydirections may by writing, in relation to any committee or writing, in relation to any committee or sub-committeesub-committee, , disapply disapply alloror all any of any of the the provisions provisions of of the the Schedule Schedule to to this thisAct Act or modifythe ormodify sameinin thesame such manner such manner as as may may be be specified specified in in such such direction. direction. Director- Director- 9.

9. The The Board Board shall shall establish establish such such number numberof ofdirectorates, departments directorates,departments ates, and sections as may be necessary and proper for performance the ofofthe ates, and sections as may be necessary and proper for performance depart- depart- ments and functions ofthe Bureau. functions of the Bureau. ments and sections sections 12 No.2 Standards 2009 Register for be aa Register shall be There shall

10.There 10. marks, standard marks, Standards, standard National Standards, for National Register Register systems and certification systems certification which all matters relating to licenses into which and licenses matters relating referred to standards referred standards entered. this Act shall be entered. under this to under PART III PART PROVISIONS FINANCIAL PROVISIONS FINANCIAL include- - Bureau shall include of the Bureau funds of The funds II. The 11. of Funds of Funds (a) Parliament; appropriated by Parliament; money appropriated (a) money the Bureau Bureau (b) any (b) the accrued to the vest in or accrued which may vest assets which funds or assets any funds sources; other sources; Bureau from other Bureau otherwise; donations or otherwise; grants, donations ((c) gifts, grants, the approved by the detennined and approved charge determined (d) any fee, levy or charge (d) finance; and responsible for finance; Minister responsible Minister or person or other person any other Government or by any granted by the Government ((e) loans granted body. Board may, with the prior

12. The Board 12. approval of prior approval responsible Minister responsible the Minister ofthe Loans for finance, purposes of borrow for the purposes finance, borrow Bureau by way the Bureau of the way of loan, of loan, overdraft or otherwise overdraft moneys as may of moneys sums of otherwise such sums required to be required may be meet to meet current obligations current obligations or performance perfonnance of of its functions functions under under this this Act Act or or other relevant other relevant law.

13.-(

13 .-( I) 1) In this this Act Act "financial "financial year" the of the year of financial year the financial means the year" means Annual Annual Government. and and Government. supple- supple- mentary mentary (2) Not Not less than than two two months months before before the beginning of the beginning financial any financial of any budget budget year, other other than than the first financial first financial year, year, the the Board Board shall, shall, at at its its meeting meeting specially convened specially convened for that that purpose, purpose, pass pass a detailed detailed budget budget (in Act this Act (in this called "the called "the annual annual budget") budget") of of the the amounts amounts respectively- respectively- (a) expected (a) expected to be received; received; andand (b) expected expected to be be disbursed, disbursed, by the Bureau Bureau during during that that financial financial year. year. (3) Where, Where, in any any financial financial year, any make any to make requires to Board requires the Board year, the disbursement not disbursement not provided provided for for or or of of an amount amount in amount the amount ofthe excess of in excess provided provided for in the the annual annual budget budget for for that that year, year, the at aa shall, at Board shall, the Board meeting, pass a supplementary meeting, pass supplementary budget budget detailing detailing the the disbursement. disbursement. No.2 Standards 2009 13 and every budget and annual budget The annual (4)The (4) in the be in shall be budget shall supplementary budget every supplementary the which the details which the details include the shall include and shall form and form Minister may the Minister direct. may direct. budget or any supplementary annual budget any annual passing any upon passing Forthwith upon (5) Forthwith (5) supplementary his approval. Minister for his to the Minister same to the same submit the shall submit Board shall the Board budget, the budget, approval. (6) The (6) shall, upon Minister shall, The Minister annual budget receipt of the annual upon receipt any or any budget or supplementary budget, supplementary approve or budget, approve approve may approve same or may disapprove the same or disapprove subject to subject to any deem fit. which he may deem amendment which any amendment Where the (7) Where (7) Minister has the Minister approved any annual has approved any or any budget or annual budget supplementar y budget, supplementary budget, the budget or as the the budget the be, the may be, case may the case shall, Board shall, the Board Board and the binding on the Board shall be binding budget, shall supplementary budget, supplementary subject to subject to the disbursements the disbursements confine the subsection (8), confine provisions of subsection the provisions within the within the items supplementary or supplementary budget or contained in the budget amounts contained and the amounts items and budget as budget Minister. approved by the Minister. as approved (8) The (8) Board may- The Board ((a) with disbursement make disbursement Minister, make writing by the Minister, sanction in writing with the sanction provided that has not been provided for in the budget; the budget; (b) from the amount amount of in budget in any budget in any for in provided for expenditure provided of expenditure respect of respect of any item, exceeding fifty million not exceeding fifty million sum not transfer a sum item, transfer shillings to any other shillings budget; the budget; in the contained in item contained other item (c) adjust adjust expenditure expenditure limits account of take account to take limits to circumstances of circumstances not reasonably not reasonably foreseeable foreseeable at was budget was the budget time the the time at the prepared, subject prepared, to budget to supplementary budget submitting aa supplementary subject to submitting the Minister Minister within two months of the alteration within two months of the alteration of of expenditure expenditure limits becoming limits becoming necessary. necessary. Invest- 14. With With prior the invest the may, invest Invest- ment 14. prior approval approval ofof the the Minister, Minister, the the Board Board may, ment funds of the Bureau in investments authorized by the Trustees Investments Investments funds of Bureau investments authorized by the Trustees Cap. 53 Act for Act for the the investment investment of of any any trust trust fund. fund. Accounts Accounts 15.-{ 15 .-{ 1) The The Board Board shall shall keep keep books books of ofaccounts records properrecords and proper accounts and and audit and audit in relation in relation to them them and and in in the the form form approved approved by bythe theController Auditor andAuditor Controllerand General. General. (2) (2) Within Within six six months months ofofthe the close close of ofeach each financial financial year yearthe Board the Board shall cause the accounts including the balance shall cause the accounts including the balance sheet sheetof of the theBureau Bureau be totobe audited audited byby the the Controller Controller and and Auditor AuditorGeneral. General. 14 No.2 Standards 2009 (3) As (3) As soon soon as the the accounts accounts ofof the the Bureau Bureau havehave been been audited, audited, and and inin any case any case not not later later than than six six months months after after the the close close of ofthe the financial financial year, year, the Board shall submit to the Minister a copy of the audited the Board shall submit to the Minister a copy of the audited accounts accounts together with a copy together with copy ofof the the report report made made by by the the Controller Controller andand Auditor Auditor General. General. The audited (4) The audited accounts accounts shall shall be be placed placed before before aa meeting meeting of of the the Board and, Board and, if adopted adopted by the the Board, Board, shall shall be be endorsed endorsed with with aa certificate certificate that that it has been been so adopted. adopted.

16. Director General

16. The Director General shall, shall, at at the the end end of of each each financial financial year, year, Director Director prepare a report report on the General's General's prepare the activities activities of the Bureau ofthe Bureau and and submit submit that report to that report to report report the Minister after approval Minister after approval by thethe Board. Board. 17.

17. The Minister Minister shall, shall, as soon soon as may may be practicable practicable after after the the close close Annual Annual of a financial of financial year, lay before National Assembly before the National Assembly the the following following statement statement of of documents in relation documents relation to that that financial financial year- year- accounts accounts ((a) a copy of the audited audited accounts accounts of of the the Bureau; Bureau; and report and report (b) (b) aa copy of the Controller Controller and Auditor Auditor General's General's report, report, ififany; any; to bebe laid to laid before before and and National National ((c) aa copy of the Director copy of Director General's General's report. report. Assembly Assembly PART IV ESTABLISHMENT ESTABLISHMENT STANDARDS OF STANDARDS 18.-{

18.-( I) 1)The The Minister Minister may, may, on the recommendation recommendation of of the the Bureau Bureau and and Standards Standards subjectto the subjectto provisions of the provisions subsections (2) and (3), by notice of subsections notice published published marks marks in the Gazette, inthe Gazette, declare declare any any mark mark which has been approved approved by thethe Bureau Bureau in in respect respect ofof any standard prescribed any standard prescribed or recognized recognized by the the Bureau Bureau for for any any commodity commodity or or the manufacturing, production, the manufacturing, production, processing processing or treatment treatment ofany of any commodity, commodity, to to be be aa standards standards mark inin respect respect of of it and may, in like manner, manner, cancel cancel or or amend amend that that mark. mark. (2) (2) The The notice notice shall shall contain contain information information with regards regards to the relevant relevant standard standard oror its amendment which its amendment which the the Minister Minister considers considers necessary. necessary. (3) (3) No No mark mark which which isis identical identical with with anyany trade trade mark mark registered registered in respect respect of of any any commodity commodity in in accordance accordance withwith the Trade Trade and Service Service Marks Marks Act Act or or resembling resembling that that mark mark as as to to be be likely likely to be mistaken mistaken for for it, it, Cap.326 Cap. 326 shall shall be bedeclared declared to to be be aa standards standards mark mark inin respect respect ofofthat or any similar that or similar commodity, commodity, or or ininrespect respect ofofthe the manufacturing, manufacturing, production, production, processing processing or or No.2 Standards 2009 15 treatment of treatment that or ofthat similar commodit anysimilar orany commodity, and no y, and with aa identical with mark identical no mark whichhas markwhich mark mark, or resemblingg standards mark, be aa standards to be declared to duly declared beenduly hasbeen or resemblin mistaken for be mistaken to be likely to be likely mark asastoto be that mark that be registered shall be it, shall for it, as aa registered as that Act under that mark under trade mark trade in respect of any commodit Act in respect of any commodity. y. After the (4) After (4) notice made of aa notice operation of into operation coming into the coming to pursuant to made pursuant subsection (1), subsection person shall no person (I), no apply any standards mark mentioned shall apply any standards mark mentioned in in by the Bureau issued by the Bureau license issued under aa license except under commodityy except anycommodit notice totoany thatnotice that authority and its authority under its acting under person acting ororaaperson complies commodityy complies that commodit unless that and unless withthe with therelevant standard or has been manufactu red, produced, relevant standard or has been manufactured, produced, processed processed with the accordancee with treated inin accordanc ortreated or standard. the standard. person who- Any person (5) Any (5) who- cover of or cover receptacle or mark to any receptacle standards mark applies aa standards (a) applies (a) any ofany commodit commodity y or or to any label attached attached to any any commodit commodity y or or any any receptacle or receptacle cover; or or its cover; receptacleor commodityy in aa receptacle encloses any commodit or encloses places or (b) places (b) covertoto orcover or in a receptacle applied or in a receptacle been applied has been mark has standards mark which aa standards which markhas that mark which that to which label to attached a label which is attached cover to which or cover or has been applied, been applied, shall, for shall, for the the purposes purposes of of subsection that appliedthat haveapplied to have deemed to be deemed (4), be subsection (4), standards mark standards mark to that commodity.y. that commodit ((6) The The issuance issuance of of license subsection ( under subsection license under the be inin the shall be 4) shall (4) discretion of the Bureau discretion Bureau or or the the person and authority,and the itsauthority, underits actingunder person acting the license may license may be issued issued subject subject to to conditions conditionsto subject andsubject specifiedininititand bespecified tobe to the payment of any fees which to the payment of any fees which may may be be prescribed prescribed. . (7) The (7) The Bureau Bureau may may atat its its discretion revokeor discretion revoke license anylicense suspendany orsuspend issued under this section or issued under this section or vary vary any any condition condition attached attached to to any any license. license. (8) Any (8) Any person person who any of (4)4)ororany subsection ( contravenesessubsection who contraven conditions theconditions ofthe specified in a license issued specified in a license issued to to him him commits commits an an offence. offence. State- 19.

19. Every Every person person who who isis required requiredtotomake contract, statementinina acontract, makeaastatement State• ments by ments by tender, quotation or other tender, quotation or other similar similar document document as asto tothe the question question whether whether suppliers the commodity offered or supplied by him complies with with or or has has been been suppliers the commodity offered or supplied by him complies manufactured manufactu red in in accordance accordancewith withaaparticular particularNational NationalStandard, shall Standard,shall 16 No. 2 Standards 2009 statement provided such aastatement make such make has been therewith has compliance therewith provided compliance verified been verified the Bureau. by the by Bureau. Bureau and Powers may, on Minister may, The Minister 20.-{1) The

20.-(1) recommendationn of the Bureau the recommendatio on the and Powers the of the of subjectto subject provisions of the provisions tothe section, by this section, of this by notice Gazette- the Gazette- published in the notice published Minister Minister ( a) standard for declare aa standard (a) declare any commodity for any commodity or for the for the in in treatment of any declara- processing or treatment of any production, processing manufacturing, , production, manufacturing declara- of tion of tion commodity to commodity with relation to it with standard in relation compulsory standard be aa compulsory to be standards standards from aa date effect from effect specified in date specified not less date not being a date notice being in the notice months after two months than two than date of its publication; the date after the publication; (b) declare (b) declare any specification or code standard, specification any standard, code of practice of practice prescribed by prescribed by the Standard; National Standard; Bureau to be a National the Bureau amend or (c) amend (c) repeal any or repeal compulsory standard any compulsory standard or National or National Standard in Standard in the and section; and this section; prescribed in this manner prescribed the manner (d) prescribe (d) complies which complies commodity which standards mark for any commodity prescribe aa standards with aa compulsory with manufactured, been manufactured, has been which has standard or which compulsory standard processed or treated produced, processed produced, accordance with treated in accordance that with that standard standard and mark. standard mark. that standard amend that cancel or amend and may cancel (2) The (2) The Bureau Bureau shall, making any before making months before two months least two shall, at least any recommendation recommendatio n for the purposes purposes of of paragraph paragraph ( a) a) of of subsection subsection 1), ((1), publish in the Gazette, preliminary notice publish in the Gazette. a preliminary notice setting setting out out the the precise precise purpose purpose of the of the recommendatio recommendationn proposed proposed and shall shall call persons interested persons all interested upon all call upon to lodge any to any objection objection in writing writing with Bureau in the Bureau with the manner and the manner in the and within within the time prescribed. prescribed. (3) Every (3) Every person person who who hashas lodged lodged an objection objection in accordance with in accordance the with the provisions of subsection provisions subsection (2)(2) shall shall be be entitled Board the Board before the appear before to appear entitled to and be and be heard, heard, either either personally personally or or through through aa representative, representative, at time the time at the and place which and place which the Board shall Board shall detennine, determine, and and publication publication of of the the relevant relevant notice under notice under paragraph paragraph (a)(a) of of subsection subsection (l)(1) shall any place ififany take place not take shall not such objection such objection is upheld upheld or or until until after after every every objector objectorhas hadan hashad opportunity anopportunity to be heard and to be heard and thethe reasons reasons for for the the rejection rejection ofthe of the objection objection havebeen have been furnished in writing to that objector or his representative. furnished writing to that objector or his representative. (4) Where (4) Where an an objector objector oror his his representative representativeunder undersub-section sub-section(2)(2)hashas failed to failed to appear appear before before the the Board Board inin accordance accordance with the section 3,3, the with section Board shall, Board shall, before before detennining determining the the matter, matter, consider consider the theobjection objection lodged lodged in in writing writing by by the the objector. objector. Standards 2009 17 No.2 noticepublish Everynotice (5)Every (5) ed by published contain full shall contain section shall this section ofthis virtue of byvirtue full particul relevantt standar the relevan ars ofofthe particulars itsamendm or its d or standard amendment.ent. (6)Whenev (6) Whenever hasdeclare Ministerr has theMiniste er the declared be aa compul to be standard to d aastandard sory compulsory standar commodity to which the standardd the commo sell the not sell shall not person shall d, a aperson standard, dity to which the standar compliess with unless itit complie specified unless date specifie thedate afterthe relates after relates or standardd or that standar with that been manufa hasbeen has ctured, produce manufactured, produced, d, process processed treated in or treated ed or in accorda accordancence thatstandar withthat with d. standard. After aastandar (7)After (7) mark has ds mark standards been prescrib has been prescribed in accorda ed in accordance with nce with provisions of the provisio the of paragra paragraph (c) of ph (c) of subsect ion (1), a person shall subsection (1), a person shall not not applythat apply mark to thatmark anycommo toany commoditydity except of a license virtue of a license by virtue and by under and except under issued to issued him under to him this Act and unless that under this Act and unless that commodity commo dity or its or its cturing, product manufacturing, manufa ion, process production, processing or treatme nt compli es ing treatment complies with the with the compulsory compul sory standard standar relative relative to to it. it. (8) Any (8) Any person who contrav person who enes any of contravenes subsection ofsubsection provisions of the provisions of the (6) or (6) or (7) (7) commit offence.. an offence commitss an (9) The (9) The provisio provisions of subsect ns of apply shallapply 18shall section 18 ofsection (5) of and (5) (3) and ions (3) subsections with referen with reference to aa standar ce to subsect ion ( l) under subsection (1) and prescribeded under mark prescrib ds mark standards and the provisio the provisions of subsect ns of apply shallapply 18shall section 18 ofsection (8) of and (8) (7) and ions (6), (7) subsections respectively respectively to to the issuance issuanc e of of a license license and and a a license license issued issued under under this this section. section. ((10) Where Where aa person person is charged with contrav charged with contravening provisionsofof theprovisions eningthe subsection (6), it shall be a good subsection ( 6), it shall be good defence defence for for him him to to the provetotothe prove satisfaction satisfac tion of of the the court court that that he he had no knowle had no knowledge anyreasonableble norany dgenor reasona means of means of ascertai ascertaining ning whether whether before the thatthe sale,that time ofofsale, the time or atat the before or commodity specified in the charge commodity specified in the charge did did not not comply comply with with the the standar standard d relating thereto. relating thereto. Appeals 1) Any

21.-( 1)

21.-( Any person person who who isis aggrieved aggrievedby- by- (a) (a) the the refusal refusal of ofthe the Bureau Bureautotoissue issueaalicense; license; (b) (b) any any condition conditionattached attachedtotoaalicense; license;oror (c) ( c) the the variation, cancellation variation, cancell ationoror suspens suspensionionofofany anylicense, license, may, within fourteen may, within fourtee n days days of ofthe thenotification notifica tion theactact ofofthe complained of being received by him, appeal complained of being received by him, appeal in writing in writing thethe toto 18 No.2 Standards 2009 Minister who Minister who shall, shall, within within ninety ninety days, days, either eitherconfitrn, confirm,set setaside aside or vary or vary the the decision decision complained complained of.of. (2) Any (2) Any person person who who is dissatisfied dissatisfied by by the the decision decision ofofthe the Minister Minister may prefer may prefer an appeal appeal to the the commercial commercial Division Division of ofthe the High High Court. Court. PARTY PART V ENFORCEMENT PROVISIONS ENFORCEMENT PROVISIONS 22.--{ Every person 22.-{1)I) Every person to whom whom a license license has has been been issued issued under this Samples. under this Samples, equip- equip- Act shall, if so requested requested by the the Board Board in writing, writing, furnish furnish within within aa period period ments ments which may be specified which specified the samples samples ofof any any commodity commodity or or service service toto and and which the license informa- informa- license relates relates and all such such infotrnation information with with regards regards toto such such tion tion commodity or service commodity service or its manufacturing, manufacturing, production, production, processing processing or or treatment as may be specified treatment specified in the the request. request. (2) (2) Every person to whom Every person whom a license license has been been issued issued to to offer offer aa calibration service calibration service shall be required required to submit submit such such samples samples ofof any any commodity to commodity the Bureau to the Bureau for for calibration calibration against against the the National National Measurement Measurement Standard Standard of his equipment equipment or instrument. instrument. (3) (3) Every person who has been licensed Every person licensed to undertake undertake a scientific scientific or or industrial measurement industrial measurement or use of such measurement measurement equipment shall equipment shall submitthe submit equipmentto the equipment to the Bureau for calibration calibration or re-calibration re-calibration against against the National Measurement the National Measurement Standard. Standard. (4)Any (4) Any person person who contravenes any ofthe who contravenes the provisions ofthis provisions of this section section commits commits an an offence. offence.

23.-(1)

23.-( 1) The Minister may, The Minister may, at at the the request request of of the Board Board by notice notice Appoint- Appoint- ment ment of of published published in the Gazette, in the appoint any Gazette, appoint any public public officer officer or officer officer of of the the inspectors inspectors Bureau Bureau asas an Inspector for an Inspector for the the purposes purposes of this Act. (2) (2) Every Every person appointed as person appointed Inspector under as Inspector under subsection subsection (1) shall shall be furnished furnished with with aacertificate certificate of of appointment signed by the Director appointment signed Director General General stating stating that that the the person person isis authorized authorized byby the the Minister Minister to act as an Inspector Inspector for for the the purposes purposes of of this this Act. Act.

24.-( 1) An Inspector

24.-(I)An Inspector may, may, for for the the purposes purposes of of this this Act, at all reasonable reasonable Powers Powers of of times- times- inspectors inspectors No.2 Standards 2009 19 premises at anypremises upon any enter upon (a) enter (a) to suspectedd to is suspecte or is is or there is which there at which bebeaacommod any compuls which any to which relation to ity ininrelation commodity compulsoryory standard standard mark exists; standards mark ororstandard exists; samples of take samples and take inspect and (b) inspect (b) any commod of any commodity or any ity or material any material be, or to be, likely to or likely used, or substance used, ororsubstanc of being in used in capable of being used or capable itsmanufac its turing, producti manufacturing, on, processi production, processing and treatmen t and or treatment ng or any containe cause, any cause, r within which there is or is suspecte container within which there is or is suspected to d to quantity of any quantity be any be the commod of the ity, material or substanc commodity, material or substance, to e, to beopened; be opened; process or any process inspect any (c) inspect (c) which is operationn which other operatio or other appears or appears is or out in carried out be carried to be likely to likely with connectionon with in connecti premises in those premises in those the manufac the turing, producti manufacturing, production,on, processi any ofany treatment of or treatment ng or processing commodity commod ity in a compuls ory standard which compulsory standard or relation to which in relation or standardss mark standard exists; mark exists; (d) require ( d) require from from any the producti person the any person production notice, book, notice, any book, ofany on of record, list record, list or which is documen t which other document or other possessionon or the possessi in the is in or custody or custody or under control of under the control person or that person of that other any other for any or for person on person on his behalf which the and which behalf and the Inspector believes totobe Inspecto r believes be carriedout beingcarried inquiry being or inquiry inspectionn or relevant to any inspectio relevant him; byhim; outby ((e) e) examine examine and copy copy any any or or any any part record, notice,record, book,notice, anybook, ofany part of list or other list other document document which appearsto which appears relevance haverelevance himtotohave tohim to his inspection to his inspection or or inquiry, inquiry, and and require require any any person person toto giveanan give explanation explanat ion of of any any entry entry in in itit and possessio n of that book, takepossession ofthat book, andtake notice, record, notice, record, list list or or other otherdocument documentas afford mayafford believesmay hebelieves ashe evidence of an evidence of offence offence under under this this Act; Act; ((t) require information f) require information relevant relevant toto his his inquiry inquiryfrom person anyperson fromany whom he reasonably believes whom he reasonably believes to to be be or ortoto have have been been employe employed d at at the the premises premises oror to to have have inin his custody possessi onororcustody or his possession or under under his his control control any any article article referred referred subsection. thissubsection. totoininthis (2) An (2) An Inspector Inspector entering entering any any premises premisesunder this (1)ofofthis subsecti on(1) undersubsection section shall, section shall, ifif so so required, required, produce produce the the certificate himinin issuedtotohim certifica teissued accordance with the provisions of section accordan ce with the provisio ns of section 23 23 and and may may bebeaccompanied, accompa nied, if necessary, by an independent witness. if necessary, by an independ ent witness. Compulsory 25.-( I) The Compulsory commod- 25.-{l) The Minister Ministermay, may,upon uponthe recommendation the recomm endationofofthe theBureau, Bureau, commod- require the supplier of any defective commodity certified by by the Bureau the Bureau ity recall ity recall require the supplier of any defective commod ity certified to- to- 20 No.2 Standards 2009 recall the commodity (a) recall commodity and all other other type type that that were were supplied supplied to him, in the him, the manner, manner, and and within within the period, period, specified specified in the order; order; toa1;1-is of~ the,public, or toa<;"s disclose to the,public, (b) disclose PJl'!K)ll ~J>CGified ~J'eGified in the order, in the order, the manner manner and within within the the period period IO~- ao'SpOCified- (i) the nature the nature of of any defect defect in any commodity identified in<;:Ot~' commodity identified ":ct""q •• order; the order; (ii) the circumstances the circumstances in which which the the use of of any any of of such such commodity is dangerous; commodity dangerous; (iii) procedures for disposal (iii) procedures disposal of of such commodity; commodity; or (c) notify notify the public public or a class of persons class of persons specified specified in the order, order, in manner and within the manner within the period period specified specified in the order, order, that that supplier undertakes the supplier undertakes to - (i) repair the defective repair defective commodity; commodity; (ii) replace the defective replace defective commodity; commodity; or (iii) refund to a person (iii) refund person to whom whom the commodity commodity was was supplied supplied price of the price the commodity ofthe commodity (whether (whether by the the supplier supplier or another person) by another person) the price price of of the commodity, commodity, within the period within specified in the order. period specified order. Where an order (2) Where order made made under under this section force, a supplier section is still in force, supplier of a commodity of commodity to which which the order order relates, relates, fails fails to comply comply with with the the requirements or direction requirements direction in the order, order, shall shall be guilty guilty ofof an offence. offence. Any person

26. Any person who who resists resists hinders hinders or obstructs obstructs an Inspector Inspector acting acting Obstruc- Obstruc- pursuant to subsection pursuant section 24 or willfully subsection (1) of section willfully fails fails to comply comply with with tion tion requirement made any requirement of him under made of under the said subsection subsection commits commits an offence. offence.

27.-(1) Where

27.-(1) Where a person contravenes any of person contravenes the provisions ofthe provisions of of this this Act Act penalty ,, ' which no specific for which penalty is provided, specific penalty provided, commits commits an offence offence and on conviction, shall conviction, shall be liable liable to imprisonment imprisonment for a term term not not less than than two two years or to a fine not years not less less than than fifty fifty million million shillings shillings and not not exceeding exceeding hundred million one hundred million shillings shillings or to both. (2) On a second second or subsequent subsequent conviction conviction of of any person person for an offence offence committed under committed under this Act, that that person person shall be liable liable to to imprisonment imprisonment for Standards 2009 21 No.2 a tennnot a tenn not less fine not years orortoto aafine threeyears thanthree lessthan notless than fifty millio n less than fifty million shillin andnot gs and shillings notexcee onehundr ding one exceeding hundred ed millio millionn shillin gs or shillings to both. or to both. (3) theconvic Onthe (3)On tion of conviction offencee under an offenc for an person for anyperson ofany this Act, the under this Act, the order ed, order may,ininadditi courtmay, court be impos may be which may penaltyy which other penalt anyother on totoany addition imposed, the which the theconfis the cation ofofall confiscation goods in any goods of any part of any part orany allor respectt of in respec of which confis cated shall be dispos ed offence offenc wascomm e was goods so all goods and all itted, and committed, so confiscated shall be disposed themann ofofininthe manner which the er which court directs the court directs. Commis- Commi s- Whereany

28.Where 28. anyoffenc offence under th e under is comm Act is is Act this corporate body corporate by aa body itted by committed sionofofanan sion body corpo the body well asasthe then,asaswell rate, any corporate, at the time who, at the time of person who, any person ofthethe offence offence then, ion of commission theoffenc ofthe the office holdingg the was holdin e, was offence, Gener al, Direct orGeneral, of aa Director office of bybya abody body com miss corporate corpora ChiefExecu Executive officer, with the an officer or an r, or Officer, tive Office manag ementof the management affairs theaffairs ofthe Chief rate comm shall be liable toto be and shall offencee and an offenc its an be liable be ofofsuch such body body corpo corporate commits against and proceeded agains and punish punisheded accord unless he ingly, unless accordingly, the prove s toto the he proves procee satisfaction ofthe he had that he court that the court no knowl edge and could knowledge and could not, bythe not,by the satisfa ction of exercise se of reasonable ofreas had knowl have had nce, have diligence, onabl e dilige of the comm edgeofthe commission knowledge ission exerci ofthe of the offenc offence. Liability ofof Liability 29. Where

29. Where anyany offenc offencee under Act comm this Act under this personasasanan byaaperson itted by committed employer employ er agent oror emplo employee then, as well yee then, well as agentor the agent as the or emplo employee, princi pal theprincipal yee,the ororprincipa principall agent oremplo employer shall shall be guilty guilty of of the offenceand the offence liableon beliable shallbe andshall on convic tion conviction or to be to be proce proceeded against t and eded agains punished and punish ed accord inglyunless he proves stoto accordingly unless he prove the satisfa satisfaction ction ofof the the court court that that he he had no knowl had no edgeand knowledge not,inin couldnot, andcould the exercising reasonable sing reason able diligence, diligence, have havehadhad knowl ofthethe comm edge, of knowledge, ission commission exerci of the of the offenc offence.e. Compound- 30.-{ I) l) TheThe Bureau Burea u may, may, where personhas thata aperson satisfi edthat where itit isis satisfied has Compound- ing of 30.-{ committed an offence under this Act, compound the the offenc offence e byby accep acceptingting ing of offences offences committed an offence under this Act, compound from such such person person aa sum sum of ofmoney moneynot exceeding not excee dingtwenty shillings. millionshillings. twentymillion from (2) The The powers power s conferred confe rredunder underthis thissection exerci sed shallbebexercised sectio nshall when when (2) Act. thisAct. aa person person admits admit s that that he he has committed has comm ittedthe theoffence offenc eunder underthis (3) Subject where proce eding s (3) Subje ct to to the theprovisions provis ionsofofsub-section sub-se ction(5), (5),where proceedings bebe shall a a are broug agains t a person for an offenc e under this Act, it are broughtht against a person for an offence under this Act, it shall good defencece ififthat good defen thatperson personproves prove sthat thathe theoffence offenc ewith whicheheis is withwhich charged has been earlier compounded. been earlie r compo unded . charge d has 22 No.2 Standards 2009 (4) Any (4) Any sum sum of ofmoney money received receivedunder underthis thissec~ion sec~ionshall shallbe bedealt dealtwith with as if the sum of money were a fine imposed as if the sum of money were a fine imposed by by the the court courtof oflaw law for forthe the offence. offence. (5) Where (5) offence is compounded under the an offenceiscompOundedllnder Where an the provisions provisions ofofthis this , section, the court may make an orcfer under section'21; seCtion'21;.if theperson ts ifthe section, the court may make an had been concerned had concerned been convicted oi"deruilder convicted by the Court by the 'oflencli; <' that'off~': for that court for person i. ' _1 ~l (6) The (6) The order order shall not be made shall not made under under subsection subsection (5) unless the (5) unless the person concerned had first person concerned had first had an opportunity opportunity of ofshowing showing cause cause against against the making of the making of the the order. order. PART VI PART VI GENERAL PROVISIONS GENERAL PROVISIONS 31.

31. Subject Subject to th is Act, the Minister may give Minister may give the the Board Board directions directions of of Minister Minister may may give give aa general general or specific nature or specific nature and the the Board Board shall shall give give effect effect to to every every directions directions direction direction given. given. to to Board Board Protec- Protec- 32.

32. The The fact fact that commodity complies that any commodity complies or or is alleged alleged to to comply comply tion tion of of with with aa compulsory compulsory standard standard or has been orisis alleged alleged toto have have been been Govern- Govern- manufacture ment, ment, manufactured,d, produced, produced, processed processed or treated treated in accordance accordance with with that that Bureau. Bureau, standard or that a standards standard or that a standards mark mark is used used in connection connection with with any any Board Board commodity, commodity, shall shall not not give give rise to any claim against against the the Government, Government, the the members members and and Bureau Bureau or or the the Board Board or or any any of of its members or employees. its members employees. employ- employ- ees ees against against claims claims in in relation relation to to standards standards marks marks 33.--{l)

33.-(1) No No matter matter or or thing thing done done by by any any member member of the Board Board or or an an Protec- Protec- officer officer of ofthe the Bureau Bureau shall, shall, if ifdone bonajide done bona in the execution fide in or purported purported tion tion of execution or of members members execution execution of the functions ofthe functions conferred conferred upon upon that that member member or officer officer by by this this of of the the Act Act or or by by regulations regulations oror by-laws by-laws made made under under it, it, render render the member member or or Board Board and and officer personally Iliable officer personally iable for for that that matter matter or or thing. thing. officers of officers of the the Bureau Bureau (2) (2)For Forthe the avoidance avoidance ofofdoubts, doubts, itit isishereby hereby declared declared that that the the provisions provisions Cap. 16 Cap. 16 of of this this section section shall shall be be without without prejudice prejudice to to the the provisions provisions ofof section section and and Cap.76 Cap.76 No.2 Standards 2009 23 or the Code or Penal Code the Penal ofthe 284A of 284A (Recovery Officers (Recovery provisions of the Public Officers the provisions Debts) Act. of Debts) of Act. Disclosure Disclosure who is person who Any person

34. Any 34. or has is or administration of engaged in the administration has been engaged of of infor- of infor- this Act this and discloses, except Act and discloses, except for for the purpose purpose of the exercise of his exercise of his mation mation law, functions or functions or when required to when required written law, under any written court or under to do so by a court any acquired by information acquired any information of exercise of purported exercise exercise or purported in the exercise by him in and offence and commits an offence person commits other person Act to any other this Act under this functions under his functions his on section 27. prescribed by section penalties prescribed liable to penalties be liable shall be conviction shall on conviction Prohibi- Prohibi- .-{l) An

5.-(1) ·. 335 employment of terminate the employment employer shall notterminate An employer person any person of any tion of tion of employed by him employed by him or or reduce reduce the rate or remuneration remuneration of of that that person person or or victimi- victimi- sation sation otherwise alter otherwise alter the conditions less employment to conditions conditions of his employment the conditions less favourable to favourable relative disadvantage relative his disadvantage position to his lower his position to him, alter or lower to other persons to other persons employed employed by that that employer employer by reason reason only only of of the the fact fact (whether or not suspects (whether believes or suspects that he believes that or suspicion belief or suspicion is the belief not the is justified justified or or correct) which he information which any information given any person has given that the person correct) that he could be required could inspector or give to an inspector Act to give this Act under this required under complied has complied or has with any with any lawful requirement inspector or requirement by an inspector evidence in given evidence has given or has in any proceedings any proceedings under under this this Act. (2) An employer employer who contravenes any of contravenes any provisions of the provisions ofthe subsection ofsubsection (1) commits commits an offence to the penalties liable to the penalties be liable shall be conviction shall offence and on conviction prescribed by section prescribed section 27, and and the convicting an court convicting the court may, in employer may, an employer in addition to any penalty addition penalty it imposes, employer- the employer- order the imposes, order (a) to restore restore the the rate rate of remuneration or of remuneration conditions of or conditions of employment employment or the the position position of of an an employee employee to to that that which which existed existed immediately immediately before, from, the effect from, with effect and with before, and date of the date of the reduction, reduction, alteration alteration or or lowering the to the rise to gives rise which gives lowering which conviction; conviction; (b) to pay to to any any employee employee whose subject of the subject dismissal isis the whose dismissal the ofthe convictions convictions a sum sum estimated estimated by by the the court court to to be be equal equal to to his his total total remuneration remuneration for for any any period period notnot exceeding months twelvemonths exceedingtwelve calculated calculated according according to to the the rate rate at which he at which being was being he was remunerated remunerated at at the the time time of of his his dismissal. dismissal. (3) (3) In any any proceedings proceedings forfor an an offence offence under under subsection the (2), ififthe subsection (2), court court is satisfied satisfied that that the the employee's employee's employment employmentwas wasterminated terminatedor that orthat his his remuneration remuneration was was reduced reduced or or that that his his terms terms of of employment employment were were 24 No.2 Standards 2009 adversely varied adversely varied within within twelve twelve months months of of the employee employee having having given given information to an inspector any information inspector or complied complied with a requirement requirement made made by Inspector or given an Inspector given evidence evidence in any proceedings proceedings under under this Act, the court may, unless court unless it is satisfied satisfied to the contrary, contrary, presume presume that that such such termination of termination of employment, employment, reduction reduction of of remuneration remuneration or variation variation of of terms of terms of employment employment waswas made made by the employer employer because because ofof the employee employee having given the information, having information, complied complied with the requirement requirement or given the evidence, as the case evidence, case may be. (4) An order order made made under under paragraph of subsection paragraph (b) of subsection (2) may be enforced as if it were enforced were a decree decree issued issued by a court court in the civil proceedings proceedings in favour favour of of the employee employee concerned. concerned. PART VII MISCELLANEOUS PROVISIONS MISCELLANEOUS PROVISIONS 36.-{1) The

36.-(1) The Minister Minister may make make regulations regulations generally generally for the better better Regula- Regula- carrying out carrying out of of the provisions provisions and purposes purposes of of this this Act. tions tions The Minister (2) The Minister responsible responsible for local government government authorities authorities in consultation with the Minister consultation Minister may make make by-laws by-laws for implementation implementation of of this Act. this prejudice to the generality (3) Without prejudice of subsection generality of subsection ( 1), the regulations regulations provide for - may provide matters in respect provisions for matters (a) provisions respect of of which which fees, levies levies and other charges other charges shall shall be payable; payable; amount of (b) the amount of the fees, levies levies and other other charges, charges, and the persons who persons who shall shall be liable liable for their their payment payment thereof; thereof; (c) c) forms forms to be used; used; matters connected (d) matters connected with with appeals; appeals; (e) e) provisions provisions for requiring requiring persons persons to supply relevant relevant information; information; and anything which, (f) anything which, under under this prescribed, and in this Act, is to be prescribed, particular the procedure particular procedure to be followed followed by the Bureau Bureau in the the performance of performance of any of of its functions functions under under this this Act. ·. No.2 Standards 2009 25 (4) Regulations Regulations and By-laws By-laws made made under under this this Act Act may may provide provide for a penalty penalty not exceeding exceeding one hundred hundred million million shillings shillings and not not less than than million shillings five million shillings or a term of imprisonment not exceeding ofimprisonment exceeding five years or to both. years both. Fees and Minister may, by directions

37. The Minister directions under under his hand, hand, prescribe prescribe the the allow- allow- ances ances allowances payable fees and allowances payable to the members members of of the Board. Board. Repeal Repeal 38.--(1) The Standards Act is hereby repealed. and savings savings Cap.130 Cap.130 Notwithstanding the repeal (2) Notwithstanding of the Standards repeal of Standards Act- Act- subsidiary legislation (a) all subsidiary legislation and all exemptions exemptions made made oror given given under that under that Act which are in force Act which force on the appointed appointed day shall shall deemed to have been made be deemed made or given given under under this this Act, Act, and remain in force shall remain shall force until until revoked revoked by subsidiary subsidiary legislation legislation made under made under this this Act Act or until until it otherwise otherwise expires expires or ceases ceases to have effect; have effect; officers appointed (b) all officers appointed pursuant pursuant to the the provisions provisions ofof the the Cap.130 Standards Act Standards Act to perform perform functions functions specified specified under under the the Bureau's Staff Bureau's Staff Regulations Regulations and Scheme Scheme of of Service Service made made under that under that Act, Act, shall, shall, unless unless their their appointments appointments areare revoked revoked officer otherwise or any officer otherwise ceases ceases to hold hold office office or are re- appointed, be deemed appointed, deemed to be authorized authorized officers officers appointed appointed under under this Act. this SCHEDULE (Made under section 5(2)) Construc- Construc- I. this Schedule

1. In this Schedule unless unless the context context otherwise otherwise requires- requires- tion tion "appointing authority" "appointing authority" means, means, in relation relation to the Chairman Chainnan ofof the the Board, Board, the the President President and in relation relation to any other other member, member, the Minister; Minister; "member" includes "member" includes the Chairman. Chainnan. Composi- Composi- 2.-{ The Board I) The 2.-{t) Board shall shall consist consist of- of tion of tion (a) aChainnan; Chairman; Board the Board representative from the (b) a representative the Tanzania Tanzania Private Private Sector Sector Foundation; Foundation; one member (c) one member from Small Small and Medium Medium Industries; Industries; (d) one one member member from the higher higher learning learning institutions; institutions; 26 No. 2 Standards (e) (e) aa member member from from the the Ministry Ministry responsible responsiblefor for finance; finance; (t) (t) aa member member from from the the Ministry Ministry responsible responsiblefor forhealth; health; (g) (g) aa member member from from the the Ministry Ministryresponsible responsiblefor forindustries industriesand andtrade; trade; (h) (h) aa State State Attorney Attorney from from the the Attorney Attorney General's General'sChambers; Chambers; (i) (i) aa member member from from the the Fair Fair Competition CompetitionCommission; Commission;and and G) G) two members who has knowledge two members who has knowledge and and experience experienceininstandards standardswork, work, science, technology or science, technology or environment. environment. (2) (2) In In making making appointmen appointments ts under under paragraph paragraph I,I,the theMinister Ministershall shallensure ensurethat, that,there there isis aa gender balance. gender balance. 3.

3. An An act act or proceedings of or proceedings of the the Board Board shall shall not not bebe invalid invalid byby reason reasononly onlyofofthe the Proceed- Proceed- number number of members not of members not being being complete complete atat the the time time of ofthe the act actororproceeding proceedingororofofanyany ings ingsnot not defect defect in in the the appointmen appointment t of of any member or any member or of ofthe the fact fact that thatany anymember memberwas wasatatthe time totobebe thetime disqualified or disentitled to to act act as as such. such. invalid invalidbyby disqualified or disentitled reason reasonofof irregular- irregular- ity ity

4.-( I) A

4.-(1) member of A member the Board ofthe Board shall, shall, unless unless his his appointment appointment isis sooner soonerdetermined determinedby by Tenure Tenureofof the the appointing authority or appointing authority or he otherwise otherwise ceases ceases to to be be aa member member holdhold office office for for the the appoint- appoint- period period which which the the appointing appointing authority specify in his authority may specify his appointment, appointment, or or ififno no period period ment ment isisso so·specified 'specified for for aa period period of three years of three years from the the date date of of his his appointment, appointment, be be eligible eligible for for re-appointm re-appointment ent for for one further term: one further term: Provided Provided that that in in the the case case ofa member who is a member of a member member by by virtue virtue of ofhis his holding holdingsomesome other other office, office, he he shall shall cease cease toto be be aa member member upon upon his his ceasing ceasing toto hold hold that that office. office. (2) (2)Any Any member member of of the the Board Board may, may, atat any time resign any time resign by giving giving notice notice in in writing writing to to the theappointing appointing authority authority andand from from the the date date specified specified in the the notice notice or or where where nono date date isis so so specified, specified, from from the the date date of the receipt ofthe receipt of of the the notice notice by the the appointing appointing authority, authority, he he shall shall cease cease totobe beaamember. member. 5.5. Where Where any anymember member absents absents himself himself from from three three consecutive meetings of consecutive meetings ofthe the Board Board Absence Absence without without reasonable reasonable excuse, excuse, the the Board Board shall shall advise the appointing advise the appointing authority ofthe authority of the fact fact from from and andthe theappointing appointing authority authority maymay terminate terminate the the appointment appointment of of the the member member and and appoint appoint three three another another member member ininhis his place. place. consecu- consecu- tive tive meetings meetings 6.6. Where Where any anymember member is, is,by byreason reason ofof illness, illness, infirmity or absence infirmity or absence from from the the United United Appoint- Appoint- Republic, Republic, unable unable toto attend attend any any meeting meeting of of the the Board, Board, the the appointing appointing authority authority may may ment ment ofof appoint appoint a atemporary temporary member member inin his his place place andand that that temporary temporary member member shall shall cease cease to to tempo- tempo- hold holdoffice office ononthe theresumption resumption of ofoffice office of of the the substantive member. rary substantive member. rary member member 7.7. The The Board Board shall shall elect elect one one ofof its its members members to to be be the the Vice-Chairm Vice-Chairmanan and and any any Vice- Vice- member memberelected electedasasVice-Chairm Vice-Chairman shall, subject an shall, subject to tohis his continuing continuing to to be be aa member, member, hold hold Chairman Chairman the theoffice officeofofVice-Chairm Vice-Chairman foraaterm an for termof ofone oneyear year from from thethe date date of of his his election election and and shall shall bebeligible eligiblefor forre-election. re-election. No.2 Standards 2009 27 Powers of Powers of 8.-( I) The Chairman shall preside at all meetings of the Board. the the Chairman Chairman (2) Where (2) at any Where at of the meeting of any meeting Board the the Board Vice-Chairman the Vice-Chairman absent, the Chairman is absent, the Chairman and Vice• and Vice- shall preside. shall preside. Chairman Chairman absence of the absence In the (3) In (3) both the of both Vice-Chairman at and the Vice-Chairman Chairman and the Chairman the ofthe meeting of any meeting at any may, from present may, members present the members Board, the Board, Chairman temporary Chairman elect a temporary number, elect their number, amongst their from amongst at that preside at shall preside who shall who meeting. that meeting. The Chairman, 4) The ((4) meeting any meeting at any presiding at Chairman presiding temporary Chairman Vice-Chairman or a temporary Chairman, Vice-Chairman vote in casting vote have aa casting shall have shall vote. deliberative vote. addition to his deliberative in addition Board shall The Board

9.-(1) The

9.-(1) additional any additional at any and at year and every year twice in every meet not less than twice shall meet Meetings Meetings and which may times which times Republic United Republic the United from the absent from ifhe is absent Chairman or, ifhe fixed by the Chairman be fixed may be and procedure procedure or unable for or unable for any any reason reason to act, the Vice-Chairman. Vice-Chairman. of the of the Board Board (2) The (2) Vice-Chairman the Vice-Chairman Republic, the United Republic, absence from the United or, in his absence Chairman or, The Chairman shall upon and shall may, and may, special convene aa special members, convene least five members, writing by at least application in writing upon application meeting of the meeting of Board at any time. the Board (3) The (3) time of the time notice ofthe adequate notice member adequate each member give to each shall give Board shall the Board Secretary ofthe The Secretary meeting. of meeting. place of and place and Quorum I10. At any

0. At any meeting for office for in office members in the members of the one-half of than one-half less than not less Board not the Board of the meeting of time being the time being shall constitute quorum. constitute a quorum. Decisions Decisions of meetingof questions atat aa meeting all questions vote, all casting vote, to a casting

11. Subject

11. Subject to the provisions relating to provisions relating of the of the the Board Board shall shall be determined present. members present. the members ofthe votes of the votes of the majority of determined by a majority Board Board Decision 12. Notwithstanding Notwithstanding the the preceding preceding provisions provisions of be may be decisions may Schedule, decisions this Schedule, of this Decision by by made by the made the Board Board without without a meeting, meeting, by circulation of by circulation the amongthe papers among relevant papers the relevant ofthe circula- circula- members and the expression members expression ofof the the views views of majority of the majority of the them in ofthem writing: in writing: tion of tion of Provided that Provided that any member member shall shall be be entitled decision be the decision that the require that to require entitled to deferred be deferred papers papers and the subject subject matter matter be be considered considered atat a meeting meeting of Board. the Board. ofthe and

13.-(1) The

13.-(1) The seal seal of of the the Board Board shall shall be Board the Board which the form which and form size and shape, size the shape. ofthe be of Seal of Seal of the Board the Board may determine. may determine. (2) The (2) The seal seal shall shall be be authenticated authenticated by by the the signature signature of Chairman,the the Chairman, ofthe Secretaryoror the Secretary any officer any officer of of the the Bureau Bureau authorised authorised to to act act in in that that behalf behalfby Board. the Board. by the Significa- 14. All

14. All documents documents (other (other than than those those required required by by law be seal)toto be under seal) be under lawtoto be Significa- tion of tion of executed executed by by the the Board Board and and all all decisisons decisisons of ofthe the Board, Board, shall shall be underthe signifiedunder be signified the other other hand hand of of the the Chairman, Chairman, the the Secretary, Secretary, anyany member member of ofthe the Board Boardor the officerofofthe an officer oran docu- docu- Bureau authorised in that behalf Bureau authorised in that behalf by by the the Board. Board. ments ments 28 No.2 Standards 2009

15.-(1) The

15.-(1) The Board Board shall shall cause causethe theminutes minutesofofall allproceedings proceedingsofof Recordofof Record meetings of meetings ofthe the Board Board toto be beentred entred ininaabook bookkept keptfor forthat thatpurpose. purpose. proceed· proceed- ding of dingof the theBoard Board (2) The (2) The minutes minutes ifif purporting purportingtoto be beapproved approvedby, by,and andsigned signedbybythe the Chainnan of, the Chairman of, the next next succeeding succeeding meeting meeting of the Board oftbe .shallbebeevidence Boardsbail evidence of the proceedin gs and, until the of the proceedings and, until the contrary contraryisis proved, proved.the themeeting meetingtotowhich which the minutes relate the minutes relate shall shall be deemed to be deemed to have have been beenduly convenedand dulyconvened andallall proceeding proceedings s thereat thereat to have have been been duly transacted. duly transacted.

16. Subject to the provisions )6. Subject provisions of this Schedule ofthis Schedule the Boardmay the Board may The TheBoard Board regulate its regulate own proceeding its own proceedings.s. may may reguklte regulate its ils •,proceed- proceed- ings ings Passed in the National Assembly on the 2fJ'I Janumy, 2009. ~ .............. = ~ ~.-\-._- . : !?.!.=. Dr.Thomas Dr. Thomas D. D. Kashilila Kasbililahh Clerk of Clerk of the the Nationa Nationall Assemb Assemblyly