Standards (Compulsory Batch Certification of Imports) Regulations, 1998 (G.N. No. 672 of 1998)

GoVERNMENI' NOTICE No. 672 published on 2Sn2l98... THE STANDARDS ACT, 1975 (No. 3 OF 1975 REGULATIONS Made undersection3J TIlE STANDARDS (COMPULSORY BATCH CERTIFICATION OF IMPORTS) REGULA TIONS,I998 PART I PRELIMINARY 1. These Regulations may be cited as the Standards (Compulsory . Citation Batcl:t Certification of imports) Regulations, 1998. 5 Act No. 30f 1975 Standards (Compulsory Batch Certification ofImports) G.N. No. 672 (conlti.) InterpR- 2. In these Regulations unless the cootext otherwise requires: tation IIAct" means the Tanzania Bureau of Standards Ad., 1975; "Bureau"meansthe Tanzania Bureau ofStandards establishedunderthe Act; "batdl certificate"means a certificate issued by theBureau certifyingor attestingthat a particular import coosignmeot or shipmentof the com modityas sampled and attested confonns to the specified. Tanzania standard or Internationalor foreign standard recognized by the Bu reau; "compulsorybatd1 certification"means collectionof samples ofthe im ported product from a coosignment either at the port ofentry into the United Republic ofTanzania or at agreed premises by the Bureau's inspectors or someother Bureaus' authorized third party impartial body, followed by subsequenttesting and issuance ofa test certificate testifyingthe cleamnceofthe import for entry and sale into the United Republic ofTanzania; "Conditional releasecertificate"meansa certificate issuedby the Bureau to the importer allowing release of the imported goods from the cus toms custodyafter compliancewith customs requirements whileawai ting issuance ofthe batch certificate fromthe Bureau; "Impartial third Party body" means a neutral, governmental or non-go vemmental body possessing the necessary competence, resou~~ and . reliabilityto test and certify, products for conformityto the require ments ofTanzania Standards or other designatedinternational or for eign standard. PARTll A!>PUCATION FOR BATCH CElmFIcA:n~ Applica tion for batch certificate 3-( I) Anyimporterofproducts coveredbycompulsoryTanzaniastan dards shall, at least one week beforethe arrival oftheir import shipment, apply to the Bureau for the Batch certificate. (2) An application made under subregulation (1) shall be made in the prescribed forms obtainable from the Bureau or the Tanzania Rev enue Authority. 6 Standards (Compulsory Batch CertijiCQtion ofImports) GX No. 612 (CIIIIItl.) (3) The applicant shall in making an application under this regula tion, submit to the Bureau the application fonns in triplicates together with the documents listed below: (a) Packing list; (b) the Port eutry; (c) Invoice; (d) Bill of lading or Airway bill; (e) Clean report oftindings from competent authority of the ex porting country, ifavailable; and (t) test certificate fromthe country oforigin as issued by theNa tional standards bodythereof; or its reoognimd testing autho rity in that country establishing confonnity ofthe import ship meotto the requinmIlts ofthe TanDDia StaDdards, or Bur.u's recognized international or foreign standard. (4) Where the products covered by the Compulsory TanDDia Stan dards include foods and food products, the test certificateunder pam graph (t) ofsub-regulation(3) shall indicatethat the foods or foodprod ucts are consumable in their country oforigin. 4-(1) An import shipment or consignJlHlDt~ be sampled by the SampIiDs Inspector and evaluated by the Bureau's duly authorized pel"SCllDlel to of detennilie its compliancewith the requirements ofthe applicable Tanza- JRducts nia standards or the Bureau's recognized international or foreign stan dards. (2) Notwithstanding subregu1&tion (I), where bilateralagreementhas been signed betwem the Bureau and the exporting country's National Standard's Body or recognized accredited laboratOry abroad to do the inspection and evaluationon behalfofthe Bureau, the Bureau shall issue Batch certificate to the importer without collecting samples for further evaluation. 5.-(1) Whereshipments have been certifiedabroad undersubregulation Rando (2) of regulation 4, random samples may be taken from the shipment or mly after release ofthe shipment and retested by the Bureau. petcd up samples (2) W)J.ere the randomlypicked up samples ofthe importedshipment reveal inconsistencies ofthe qualityofthe actual importedproducts with the test certificates issued in the country oforigin, all further subsequent shipmentsofthese products from that country shaI1 be subjectedto indi vidual shipment sampling and testing by the Bureau, regardless of the certification abroad. 7 Standards (Compulsory Batch Certification o[Imports) G.N. No. 672 {contd.) (3) Individual sampling and testing under subregu1ation (2) shall con tinue unt11 such a time that consistent quality of the test certificates is sued by the country of origin is re-established to the satisfaction of the Bureau. (4) Where the importer fails to re-establish quality. ofthe test 'certifi cates issued by the country ofthe origin to the satisfaction ofthe Bureau, the bilateral agreement may be terminated and the Bureau shall carry out all inspections, sampling and testing ofall the products from the country, Guide- 6.-{1) The Bureau may, in tight supply situations, issue separate guide lines lines relating to the implernentancn of the Batch certification for the products. (2) The guidelines, issued under sub-regulations (1), shall have con currence with the respective industry, importers, the Tanzania Chamber of Commerce, Industry Agriculture and the Tanzania Revenue Author ity. The too. standards mark Issuance of Batch \lertifi· cates Products below standard 7, Where products imported into Tanzania are manufactured by for eign companies licenced to use the tbs. standards Mark by the Bureau, the manufacturer of such products shall not be required to appt~ for a Batch certificate. 8.-(1) Where the imported commodity complies with the require ments of the applicable Tanzania standard or the Bureaus' recognized international or foreign standard, the Bureau shall issue a batch certifi cate on a per shipment or consignment basis as mav be (~vealec on the bill oi' lading or way bill. (2) The Batch certificate issued under sub-regulation (l) shall be duly signed and sealed by the Director of the Bureau or any other officer appointed by the Director. 9:-(1) No person shall in any manner unload for the Tanzania msrket any conunodities or products not conforming to the requirements of the Tanzania standards or the commodity or product ':?t· ..vhich HO hatch cer tificate has been issued by the Bureau, (2) Any product or commodity which does not confonn with the requirement ofthe Tanzania Standard may be re-exported to their coun tries of origin or disposed of within the United Republic of Tanzania. 8 Standards (Compulsory BatchCertification ofImports) o». No. 672 (oonJd) (3) The disposal of the commodities under subregulation (2) shall take oognisance of the environment. (4) Animporteror agentswhosecommodities or productsare subject to re-exportation or disposal undersubregulation (2) sbaIl bearthe costs for re-expo~OIl or disposal ofthe productsas the casemay be. i!."-P.T III !SSUANcr OF CON;:'J.TlONAL 'RELEASE CERTIFICATE 10 -(1) Wherethe importerhas complied with customsrequirements and ifa hundred percent (100%) inspection and testing ofthe shiplllfllt is needed, and completion of tests will take more than twenty working days, dueto the nature of testing specifications and procedure, the Bu reaumay issueconditional release certificate ofan importshipment from the customs's custody. (2) No person shall, pending the issuance of the Batch certificate, distribute, sell.useor transferthe shipment or consignment eitherin part or inwhQleto anypersonor any placeotherthan the addressspecified in the conditional release certificate. PARTlV DISPOSITION OF SAMPLES 11.-(1) The Bureaushall fOr a periodoftwo weeksafter the issuance ofbatch certificate, retainall remaining samples drawn froma shipment after thenecessary conformity test. (2) Theimporteror ownerofthe samples retained under subregulation (1) shall be required to collect the samples from the Bureau after the expiry oftwo weeks from the date of issuance ofbatdl certificate. (3) Wherethe importer fails to collectthe samplesafter the due date asrequired under subregulation (2) the Bureau shall have powerto dis pose of the samples in accordance with the;standingp~re of the Bureau. PART V FEES AND PENALTIES 12.-(1) Animporteror his agent shall havethe duty to pay fees to the Bureau. 9 IsSUBllcc of condi tional rclcasc certificate Disposi tion of samples CJuqe able fees Insntute'ofEducationai Technology (E:;rab/ishment) G.N. No. 672 (con/d.) (2) TIle fees ('he':g~1 ~mclel'" ;:;ubrogulation (1) shall include: ;a) a nQ.u-"~':;:'i:~l,,:~~~:.: -:ippil/.:.:ttWE fees payable upoo filling the appli cation fc: .r.s. (b) transport, boardand lodging costs ofthe Bureau's inspectors du ring the inspection and sampling ofthe shipment; tc) testing fees which mclude all expenses pertaining to·testing of samples bytheBureauor anyotheraccredited laboratoryas clearly recalled in the schedule of fees availablefromthe Bureau; and (d) batch certificate fee or fees equivalent to 0.2 percentofthe Cost and Freight e'C" and IIF") value whichcoversguarantee costs as weli as random market surveillance samples after release of the consignment to the market. Gcnca;l 13. Anyperscawac contravenes any of these regulations commitan penahy offence and is liable on conviction to a fine not exceeding fifteen thou sand shillings or to imprisonment for a term not exceeding three years. .19 10 worM. SIMBA, Minister for Industryand'Commerce