Tobacco Regulations, 2000 (G.N. 296 of 2000)

GOVERNMENT NOTICE No. 296 published on 25/8/2000 THE TANZANIA TOBACCO BOARD ACT, 1984 Regulation Title 1. Citation. 2. Application. 3. Interpretation. TABLE OF CONTENTS PART I PRELIMINARY PROVISIONS PARTII REGISTRATION OF GROWERS AND PROCESSORS 4. Growers to be registered by Board. 5. Penalty. 6. Registration of tobacco premises, factories etc. 7. De-registration of growers and processors. 8. Registered grower or processor to provide production and pro cessing estimates. 9. Registration of a processing company. 10. Registered grower or processor to follow the rules and regulations. PART Ill PLANT PROTECTION RULES 11. Tobacco varieties to be grown in Tanz.ania. 12. Registration on tobacco seed importation, breeding, and multipli cation. · 13. Removal and disposal of field tobacco residue or refuse. 14. Period for sowing seeds and planting tobacco. 15. Sanitary measures for tobacco premises. 16. Restriction to intercropping. 17. Approval- of tobacco agrochemicals. 18. Storage and transportation of tobacco. PART IV CONTRACT FARMING l 9. Minimum farming contract period. 20. Crop activity calendar. 2 I. Tobacco sales. 22. Buyer's report. 23. Restriction of use of tobacco agro-chemical seed variety etc. 24. Tree nurseries to be established. PARTY MARKETING PROCEDURES 25. Buyers to obtain buying permits. 26. Classification of tobacco. 27. Conditions on the classification of tobacco. 28. Tobacco baling. 29. Grading and baling supervision. 30. Transport of tobacco to market centre. 31. Bale labelling. 32. Tobacco inspection for classification. 33. Restriction on tobacco classification. 34. Growers to negotiate prices for each grade. 3 5. Purchase contract. 36. Standard primary business documents. 37. Growers prices negotiations and determination. 38. Nesting of tobacco substandard tobacco to be rejected. 39. Substandard tobacco to be rejected. 40. Grower's payment according to contract. 41. Transportation expenses. 42. Restriction to processed tobacco. 43. Domestic and export market procedures. 44. Final arbitrator. 45. Record for processed tobacco sales. 46. Farms for certified tobacco seeds. PART VI TOBACCO INSPECIORS 47. Powers of tobacco Inspector. 48. Board to appoint inspector. 49. Tobacco crop inspection. 50. Board to issue or revoke licences Regulatory fee. 5 I . Regulatory fee. 52. Aggrieved person to appeal to Minister. 53. General penalty. 54. Revocation of G.N. No. 68 of 1997. FIRST SCHEDULE SECOND SCHEDULE THE TANZANIA TOBACCO BOARD ACT, 1984 (NO. 20 OF 1984) REGULATIONS Made under sections 5 and 7 PARTI THE TOBACCO REGULATIONS, 2000 PRELIMINARY Citation I.These Regulations may be cited as the Tobacco Regulations, 2000 and shall be deemed to have come into operation on the l st day of April, 2000. Applica- 2.-(1) Tffese Regulations shall apply in the regions specified in the tion First Schedule to this Regulations. Cap 337 Act No. 20 of 1984 (2) The Director may add or subtract the regions or areas in which these Regulations shall apply. 3. In these Regulations unless the context requires otherwise "Association" means an association formed and registered under the Societies Ordinance; "Board" means the Tanzania Tobacco Board established by the Tanza nia Tobacco Board Act; "Director" means the chief agricultural official responsible for agricul ture or crop development in the Ministry; "inspector" means any officer authorised by the Board to act as an in spector in accordance with the provisions of these Regulations; "member grower" means an individual farmer cultivating tobacco under gr01.ver's registration; "Minister" means the Minister responsible for agriculture matters; "Ministry" means the Ministry of Agriculture; "non-contract buyer" means a person who illegally buys tobacco from a grower who has a farming contract \vith another buyer other than himself: "primary society" means a primary society formed and registered under the Cooperative Society Act. 1991; "tobacco" means the leaves of a plant of species of nicotiana in any leaf form usually accepted by manufacturers of tobacco for conversion into consumption; and includes all other tobacco products; "tobacco buyer" means (a) any person or group of persons licensed to buy tobacco from growers for sale or processing; (b) any person or group of persons buying tobacco from the sales floor at the factories for domestic or export market; "tobacco grower" means a primary cooperative society, an association or an individual person registered by the Board to grow tobacco; "tobacco nematodes" means any organism belonging to the family of nematodes which are imitable to tobacco growth; "tobacco pest" means tobacco beetle, !asioderma serricorned F), the tobacco moth (ephasitaclulella. h.b.) and other insect organism de clared to be pest of tobacco; "tobacco premises" means any land, buildings, factory, erection, ve hicle, article or receptacle used for the purpose of growing, sorting, manufacturing, transporting or in any way connected with the han dling of tobacco or other plants or products liable to be infected by a pest of tobacco; "member grower" means an individual farmer growing and selling to bacco under grower's registration. PART II REGISTRATION OF GROWERS ,\c'-10 PROCESSORS 4.-(1) No person shall grow tobacco unless he is registered by the Board under a Primary Cooperative Society or an Association or as an individual medium or large scale farmer. (2) No person shall sell tobacco in the field unless he grows the to bacco under registration. (3) Prior to registration the grower shall provide the following infor mation to the Board ( a) his name,, in the case of a primary society and the names of member grnwers if it is an Association: (b) types of tobacco to be produced and areas to be put under pro d uc ti on in that year of application: Act '\o. 15 of 1991 Growers to be reg istered by Board Penalty Registra, tion of to bacco pre mises, factories etc. De-regis tration of growers and pro cessors Regis tered grower or processor ta provide produc tion and process ing estimates (c) curing barn space available for the estimated tobacco to be pro duced; (d) production estimates, input stocks and additional inputs required in that year of application. 5. Any person who contravenes sub-regulation (1) of regulation 4 commits an offence and upon conviction is liable to the following sen tences namely ( a) in the case of a first offence, a fine not exceeding thirty five thou sand shillings where individuals in Primary Cooperative Societ ies or Associations are involved or seventy thousand shillings, where a primary cooperative society or association is involved; or (b) in the case of a second offence a fine not exceeding seventy thou sand shillings where individuals in the primary cooperative soci eties or associations are involved or one hundred and fifty thou sand shillings where a primary cooperative society or associa tion is involved. 6. The Board shall be the Registrar of tobacco growers in Tanzania, market centres, warehouses, tobacco processing factories and of all buildings used or intended to be used for grading, curing or baling of tobacco. 7. The Board sJ:iall strike out of the register any grower or processor who fails without reasonable cause to follow these Regulations; or who withdraws his registration after giving three months notice of his inten tion to do so. 8.-(1) Every registered grower or processor shall furnish to the Reg istrar information on production and processing estimates every first day of January in every year. (2) Any person who contravenes this regulation commits an offence and upon conviction is liable to a fine not exceeding twenty thousand shillings in the case of a grower or fifty thousand shJ1lings in the case of a processor. 9. No processing factory shall be registered unless the following par- Registra ticulars have been submitted and approved by the Board, namely- tion of a (a) name of the factory; (b) processing capacity of the factory; ( c) number and area of warehouse; ( d) transport facilities for goods; and ( e) number and quality of skilled, semi-skilled and non skilled per sonnel to be eniployed. 10. Every registered grower shall follow all rules and regulations per taining to growing and marketing of tobacco. PART III PLANT PROTECTION RULES 11.-( 1) The following varieties of tobacco have been approved to be grown in Tanzania namely ( a) Virginia Fluf:' Cured Tobacco (K. 51P, K51E, KIIOE.EI.E2. and PD4.) (b) Burley Tobacco; (Banekt AI.Burley 21 and Kentueky 41 ); and (c) Dark fire cured tobacco (Heavy western). (2) Any tobacco grower who grows any tobacco variety which is not· mentioned in sub regulati<,>o (1) for commercial purposes commits an offence. (3) Any person who commits an offence under su)?-regulation (2) upon conviction is liable to the following sentences ( a) in the case of a first offence, a fine not exceeding fifty thousand shillings or an imprisonment for a term not exceeding three months or both such fine and imprisonment; (b) in the case of a second offence, a fine not exceeding one hundred thousand shillings or an !inprisonment for a term not exceeding two years or both such fine and imprisonment; and ( c) in all cases the Board shall at the expense of the defendant destroy the crop so planted without the permissiort of the Director. proce·ss ing com pany Regis t e re d grower or processor to follow the rules and regu lations Tobacco varieties to be grown in Tanzania Registra tion on to b a c c o seed im portation breeding and multi plication 12.-(l) No person shall import breed or multiply tobacco seeds or plants for any purpose unless authorised by the Director. (2) Any person who contravenes sub-regulation ( l) comm its an of fence and upon conviction is liable to a fine not exceeding five hundred thousand shillings or to an imprisonment for a term not exceeding two years or both to such fine and imprisonment and such seeds or plants shall be destroyed by the Board at the cost of the culprit. (3) A tobacco grower shall sow tobacco seeds which have been cer tified by the Director or an authorised officer. ( 4) Any person who contravenes sub-regulation (3) commits an of fence and on conviction shall be liable to the following sentences namely ( a) in case of a first offence, a fine not exceeding twenty thousand shillings and total destruction of the seedlings or plants by the Board at the cost of the offender; (b) in the case of a second offence, a fine not exceeding forty thou sand shillings and the total destruction of seedlings or plants by the Board at the cost of the offender; (c) in the case of a third offence, a fine not exceeding one hundred thousand shillings or an imprisonment for a term not exceeding two years and total destruction of seed! ings or plants by the Board at the cost of the offender. ( 5) No person shall grow tobacco in area or region other than the area or regions specified by the Director and the Board may impose any of the following sentences on any person who contravenes this sub-regu lation namely ( a) in the case of a first offence a fine not exceeding fifty thousand shillings and the destruction of the crop; (b) in the case of a second offence, a fine not exceeding seventy five thousand shillings and the destruction of the crop: or (c) in the case of a third offence, a fine not exceeding one hundred thousand shillings or an imprisonment for a term not cxcceding two years and the destruction of the crop. (6) In all cases where these Regulations provides for the destruction of the crop the Board shall do so at the cost of the offender. 13 .-{I) All tobacco plants shall be uprooted and burnt or otherwise disposed of to the satisfaction of the inspector by the 31 st July in every year for the flue cured tobacco and by 30th September, in every year for fire and air cured tobacco. (2) All tobacco residues or tobacco refuse in or near premises or fields shall be collected and burnt or otherwise disposed ofto the satis faction of the inspector by the 15th day of October in every year for flue, fire and air cured tobaccos. (3) The Board shall impose any of the following sentences on any person who contravenes this regulation: (a) in the case of a first offence, a fine not exceeding thirty thousand shillings and a written warning; (b) in the case of a second offence, a fine not exceeding fifty thousand shillings and a written stern warning; or ( c) in the case of a third offence, a fine not exceeding one hundred thousand shillings and suspension from growing tobacco for one season. I 4. -{ I ) No person shall sow seeds of any tobacco in any period other than between the l 5th day of August and 15th dav of October for the flue cured tobacco and between I 5th October and 15th December for fire and air cured tobacco in any period other than between 28 th October and 15th Januarv for flue cured tobacco and 30th December and 30th Febru ary of ever5 year for fire and air cured tobaccos. (2) Any person who contravenes sub-regulation (1) of this Regula tion commits an offence. (3) All tobacco seedbeds from which healthy seedlings have been pulled out shall have the remaining seedlings ploughed under or dis posed of to the satisfaction of an inspector by the 31 st December of every year for flue cured tobacco and 31 st January of every year for burley and fire cured tobaccos. ( 4) The Board shall impose on any person who contravenes this regu lation any of the following sentences, namely (a) in the case ota tirst ottence, a tine not exceeding thirty thousand shillings; (b) in the case of a second offence, a fine not exceeding fifty thousand sh i!lings; or ( c) in the case of a third offence, a fine not exceeding one hundred thousands shillings and or suspension from tobacco growing for one season. Removal and dis posal of field to b a c c o residue or refuse Period for sowing seerls nnd planting tobacco Sanitary measures for to bacco premises Restric tion inter cropping 15.-{ I) Every tobacco premises shall be disinfected, fumigated, sprayed, fogged or treated with insecticides approved by the Board at the end of buying season; and at any other time when tobacco premises is suspected of being or having been used for storage or conveyance of anything likely to infect any tobacco plant or tobacco leaf with any pest or disease. (2) The Board shall impose on any person who contravenes this regu lation any of the following sentences, namely (a) in the case of a first offence, a fine not exceeding sixty thousand shillings and a written stem warning; or (b) in the case of'a second offence, a fine not exceeding one hundred thousand shillings and or suspension from tobacco operation. (3) All tobacco premises shall be fumigated or disinfected free of tobacco pests two weeks before the beginning of the new season. (4) No person owning, occupying or having control of any tobacco premises shall allow pests or disease to be in or on such tobacco premises. (5) All tobacco shall be stored only in weather proof buildings of sound construction approved by the Inspector. ( 6) Any tobacco farmer, owner or occupier of land for the purpose of cultivating tobacco .shall report to the appropriate agricultural officer of any occurrence of disease pest or anything harmful to tobacco in his farm or any other premises under his control or authority. 16.-(1) No farmer shall grow tobacco with other crops. (2) Crops belonging to solanecus family shall not be grown in or near tobacco seedbeds or tobacco.farms. (3) The Board shall impose the following penalties on any person who contravenes this regulation, namely (a) in the case of a first offence, a stem warning and the destruction of the interplanted crop at the cost of the grower; (b) iri the case of a second offence, a fine not exceeding thirty thou sand shillings and the destnictiotr of the inter p I anted crops; or ( c) in the case of a third offence, a fine not exceeding sixty thousand shillings the destruction of the intetplanted crop and the suspen sion of tobacco growing for one year. 17. No tobacco fertilizers, pesticides, fungicides, nematocides, suckercides shall be used unless approved by the Director or any authorised officer. 18.-(1) No tobacco shall be stored or transported along with scented, perfumed, salt, fertilizer, diesel, petrol or odorous materials. (2) Transportation of tobacco shall be in weather proof container and shall be stored in weather proof buildings of sound construction approved by the Board or any authorised officer and which shall be effectively treated and kept clean. (3) Any person who contravenes this regulation commits an offence and upon conviction is liable to the following fines, namely ( a) in the case of a first offence, a fine not exceeding fifty thousand shillings and a written warning; (b) in the case of a second offence, a fine not exceeding one hundred thousand and a written warning; or ( c) in the case of a third offence, a fine not exceeding one hundred and fifty thousand shillings and suspension of transportation contract for one season. PARTN CONTRACT FARMING 19 .-( l) Any buyer may enter into a farming contract with any grower for a minimum period of one crop season renewable thereafter on such terms and conditions as the parties may agree upon; Provided that no buyer shall enter into farming contract with a grower who has contract with another buyer: Provided further that (a) the district and regional authorities shall have been consulted on this arrangement; (b) the parties shall use standard. contract forms prepared by the Council and approved by the B01J,rd; and ( c) the signing of the contract shall be witnessed ~y the Assistant Registrar of Cooperatives or. o~er authorised public officer and shall be signed between I st May and 31st August of each calendar year. Approval of to bacco agroche micals Storage and trans portation of to bacco Mini mum farming contract period t•fup ~• ,! .. ity cal (.f!Jar (2) E"very buyer shall register each farming contract with the Regis trar of Contracts and the buyer shall submit copies of the registered contract to the district and regional agricultural officer and the Board. (3) Prior to entering into any farming contract with a grower the buyer shall be satisfied that the grower has no outstanding debts secured on the crop grown or to be grown under a different farming contract. (4) The parties to the farming contract shall specify clearly the crop production estimated, in hectres and crop volume, and the correspond ing inputs requirements and the prices thereef and the signing of the contract of the review thereof as the case may be, shall be done between the months of January and March of every year. · (S)No grower shall enter into a fanning contract with more than one buyer for the same growing season unless the buyer had cleared all outstlmd ing debts in respect of the first buyer. (6) Any person who contravenes this regulation commits an offence and upon conviction is liable to a fine not exceeding five hundred tllou sand or imprisonment for a term of six years or to both that fine and imprisonment. 20. The Board shall, before the COlJlmencement of every farming sea son issue a crop·activity calendar for guidance. 22.-( 1) Every buyer shall in every month make a report to the district and regional agricultural officer and the Board of the planted acreage volume, tonnage of crop purchased and the average price of it; availabil' ity of inputs and distribution in accordance with the relevant terms of the farming contracts. Rcstric• 23.-(1) Any tobacco buyer who have contracts with growers shall tionuseof disburse to growers tobacco agro-chemicals, fertilizers, seeds and other tobacco materials approved by the Board. a gr o • chcmkal seed vari• etyetc. (2) No grower shall use tobacco agro-chemicals, fertilizer, tobacco seeds and other materials related to tobacco growing .which have not been recommended by the Board. (3) Every grower shall in the course of farming tobacco use the exact quantities of inputs as recommended by robacco research au8lorities in Tanzania. ( 4) Every grower shall plant only tobacco set:-d variety certified by the Board. 24.-(l) The buyer shall procure the establishment of tree nurseries for appropriate specific fuel wood that shall yield enough plants to sup port the grower's needs for fuel wood and environmental conservation and every grower shall use efficient barns with improved furnaces for curing tobacco. (2) Every tobacco grower shall establish, own and take care of woodlots that are enough for curing his tobacco and conservation of environment. PARTY MARKETING PROCEDURES 25 .-(I) Any buyer of green leaf tobacco from the field sh al I where there is a subsisting farming contract obtain a buying permit from the local government authorities for each district where tobacco is grown prior to making application for licence. (2) In the case of purchases from non-contracted growers, the buyers· shall seek and obtain buying permits from the relevant local govern ment authorities prior to making application for a licence. (3) Where the buyer enters into a new contract with a grower who has a pre-financing arrangement with a buyer shall apply and obtain permit before signing of the farming contract. ( 4) The green leaf buyer who has obtained a permit shall apply for buying licence from the Board prior to buying any tobacco and buyers shall purchase tobacco in designated market centers only. (5) Every buyer shall conduct buying operations in certified building properly fumigated and where all tobacco remains have been removed, disposed off, floors well surfaced and surrounding of the godowns kepl to standard sanitary conditions. ( 6) Every buyer shall enter into a contract with licensed processors in Tanzania for processing tobacco so bought. (7) Every buyer shall produce monthly reports to the Board showing ( a) wee~l;>i pur~hase and defiveries of tobacco to the processing factory; and Tree nurscri'--s to be estab lished Buyer to obtain huying permits (b) producer prices offered. ( c) Every buyer and every grower shall be represented during the tobacco classification exercise to be conducted by a qualified tobacco classifier. (9) No person shall sell tobacco in the field unless he is a registered tobacco grower and has personally grown the tobacco in his own farm. (10) Any tobacco found being sold in the field by a middleman not being a tobacco grower shall be forfeited to the Board. ( 11) Any grower who has no farming contract with any buyer shall not act as an agent for another grower who has farming contracts with buyers so as to evade debt repayment previously obtained. (12) No person other than the registered grower, licensed buyer and · or recognised agent shall be involved in any tobacco transaction. Classifi- 26.-(1) Tobacco classification shall be done by registered tobacco cation of classifiers employed by the Board. tobacco Condition on the clas sification of tobacco (2) Tobacco classification shall be preceeded by a standard setting exercise conducted by the Board and witnessed by the representatives of growers and buyers. (3) Standard grade samples shall be drawn for the purpose of classifi cation, standard monitoring, control and arbitration. (4) The Board shall employ qualified tobacco classifiers to classify tobacco and each tobacco classifier shall classify not more than one thousnd and five hundred bales of tobacco per day beginning from nine o'clock in the morning hours to five o'clock in the evening hours. 27.-(1) Every grower shall grade his tobacco according to the sta ndard classification procedures and rules. (2) All tobacco which is sent to a market centre for selling shall be graded and the leaves of the same grade of an approximately similar length of not less than 6 inches shall be tied into tobacco hands. (3) Where tobacco hands consist ofleaves of the same grade of twelve inches in length or over, there must not be a discrepancy of more than five inches in length between the leaves; and discrepancy of not more than three inches between the hands consisting of leaves under twelve inches in length. 28.-{ \) Tobacco hands of approximately the same length shall be baled together and packed into standard bale size of thirty six inches by twenty four inches with a depth not exceeding twenty four inches. (2) The tie leaf of a hand must be of the same grade as the hand and shall only cover one and a half inches up to two inches of the butts of the hand. (3) A tobacco hand shall have a diameter not exceeding one and a quarter inches. (4) Any changes in the tobacco classification standards shall be done by the Board. (5) A 11 tobacco bales shall weigh not more than one hundred kilo grams and sh al I not have more than sixteen percentage of moisture con tent. ( 6) All tobacco shall be baled in tar! ined paper and hessian or cotton cloth and sem1 with jute or cotton twine. 29.-( 1) All tobacco grading and baling shall be done in a registered shed under the supervision of an authorized officer. (2) On one side of the tobacco bale there shall be printed the follo wing marks. namely (a) the initials of the grower; (b) number of the member grower: (c) number of the bale: and ( d) market sale numbers. (3) All baled tobacco shall be stored at the shed and a member grower shall not be allowed to take home any bale after it has been printed. 30.-( I) A tobacco grower shall transport his crop at his own cost to the market center at least two days before the market day. Tobacco bales Grading and baling superv1s1on r r ;J ll Spurt lll. t,1hacco tu m:.Hkt'.t c:rntrc Bale labc 118' (2) Every bale shall be weighed in the presence of the buyer and the grower and the weight shall be marketed on the side of the bale and the actual weight to be recorded on the bale shall have one and half kilo grams of packing materials deducted. (3) Every non-contracted grower shall sell tobacco at the market centre which is within his areas of operation and shall pay all necessary cess or levy thereto. ( 4) No grower shall transport tobacco from a designated market cen tre which is in his production area to another area unless expressly by permitted by the Board. 31. A bale ticket shall be sown on the right hand corner of the bale and shall show the following information, namely (a) the initials of the grower; (b) member grower's number; ( c) sale. number; (d) weight of tobacco; (e) name of classification; and (f) initials and name of grower or of person appointed by the grower for supervising the selling of the grower's tobacco. Tobacco 32.-{1) The tobacco classifier accompanied by the grower's repre inspcction for classifi- sentative shall inspect and grade tobacco in a bale by marking the grade cation on the bale ticket which shall be signed by the classifier. (2) The grower's repsentative may accept or object to the grade given to the tobacco but the classifier's decision shall be final. Restriction 33.-{l) No member grower shall be allowed to be in the market on tobacco classifica- center when the classifier is grading exc~pt the n;levant representative. tion (2) After completion of the classification. in the market- centre the member growers shall be allowed in to.note the grade obtained for the tobacco. (3) Any member grower· who is dissatisfied with the grade given to his tobacco may immediately after completion of classification and be fore signing the purchase contract not by both parties withdraw his to bacco from the market. ( 4) lfa member grower or his representatives disagree with the clas sification of the tobacco an arbitrator shall be called upon for arbitration and his decision shall be final and binding. (5) The Board shall be the sole arbitratc>r for all tobacco classifica tion disp11tes. 34.-{1) All growers shall establish their own tobacco prices for each grade and negotiate with buyers through the Tobacco Council provided that the prices, negotiated shall be panterritorial. 35.-(1) There shall be a purchase contract between the grower and the buyer for every sale transaction and upon the signing of the contract by the buyer and the grower's representative ownership of tobacco passes from the grower to the buyer. (2) The purchase contract not shall &ave the following details, namely (a) the market day and date; (b) the market number; ( c) the bale number; (d) the weight of the tobacco in the bale; ( e) the value of one kilo of that tobacco; (f) the value of the tobacco in the bale; (g) the name and signature of buyer; and (h) the name and signature of ~e grower or the grower's representa tive. 36. Ail·tobacco buyers shall use standard bale tickets and purchase contract. notes as p~ business documents which format shall be issued by the Board. Growers to negotiate prices for eacbgrade Purchase contract Standard primary business documents Growers prices regotiation and deter mination Nesting of tobacco Substan dard to bacco to be rejected Grower's payment according to contract Transporta tion ex penses 37.-{1) All growers may establish their own tobacco selling prices although they may get an opinion on the minimum indicative grade prices from the Board or any other appropriate authority. (2) Every grower shall negotiate with the buyer, the grade and price proposals in the Tobacco Council and come into agreement of prices which shall be a minimum net to farmers and shall apply to all tobacco areas in the country. (3) The into-share cost shall be negotiated separately between buyers and growers during negotiations of a grade price and shall be paid to the grower without involving any deducation. 3 8.-{ 1) Any person who mixes good·tobacco with non-tobacco ma terials or tobacco of different grades in a tobacco bale or over-moisturises the tobacco with an intention to defraud the buyer or processor commits an offence. (2) Any grower who nests tobacco shall have (a) his tobacco growing registration cancelled; (b) to pay to the buyer the value equivalent to the value of that to bacco the grower intended to defraud the buyer; and ( c) the bale containing mixed grade shall be marked "M" on the bale ticket to indicate that the tobacco is mixed and returned to the grower at the grower's expenses. 39.-(1) Any bale containing tobacco that does not conform to the ruling classification standards shall be rejected and marked "R" on the bale ticket to indicate that the tobacco has been rejected. (2) No buyer shall buy any rejected tobacco unless it has been re handled by the grower and reclassified by the classifier. 40 Payments of grower's proceeds shall be made according to a writ ten c~ntract between the growers and the buyers provided that payment shall not be done late than fourteen days from the day the market was held. 41. Tobacco buyers shall transport tobacco purchased to the process ing factory at owners expenses. 42.-(1) All tobacco produced in Tanzania shall be processed locally within the year of production. (2) Any licensed penon may purchase or sell tobacco at the process ing factory for domestic or export market. (3) There shall be a written processing contract between a buyer and a processor. 43.-{1) The procedures to govern the domestic and export market shall be the following, namely ( a} a seller of dry leaf tobacco to the domestic and export. market shall apply for a Dry Leaf Seller's Licence; and (b) the Board shall issue licence to tobacco buyers, exporters or sell ers of tobacco, tobacco processors and export permits for pro cessed tobacco upon terms and conditions as the Board may prescribed from time to time. (2) All tobacco sales at the factory shall be by private treaty or au ction (3) The purchase price to be paid to the buyer shall be agreed upon be1;Ween the seller and the buyer provided that the Tobacco Council shall set an indicative minimum selling price below which an export permit may not be issued. 44. The Board shall be the supervisor and the final artitrator on is sues relating to domestic or export market. 45. The Board shall maintain a register of processed tobacco sold for domestic and export markets. 46. The Board shall licence tobacco farms for seed multiplication and shall at a cost certify these seeds for release to the farmers. PART VI TOBACCO INSPECTORS 47.-(1) Any person owning, occupying or having control of tobacco premise shall comply with any directive issued by the inspector for the eradication, reduction or prevention or the spread of a pest or disease of Restriction to process tobacco Domestic and export market procedures Final arbi trator Record processed for toba cco sales Farms for certified tobacco seeds Powers of a tobacco In spector Board to appoint in spector Tobacco crop in spection Board to is sue or re voke li ccnc:cs tobacco and the inspector may by notice in writing order him to take, including the immediate destruction of tobacco plants or other plants or products liable to be infected by pest, or any diease of tobacco whether or not the tobacco is infected with such pest or disease. (2) If the grower or owner of tobacco premises fails to comply with· the directive given under sub regulation ( l) of this regulation, the in spector may on giving not less than fourteen days' notice in writing of his intention to do so cause any such measures, to be taken by himself, his agents or contracts. (3) For the purposes of taking such measures the inspector may enter or cause his agents or contractors to enter upon tobacco premises as may be necessary and the grower shall be liable to pay all the costs of such undertaking which shall be recoverable as a debt due to the Board. 48. The Board shall have power to appoint fit and proper persons to be tobacco inspectors who shall ( a) have and exercise powers generally to supervise the arrangement for the purchase and export of tobacco and tobacco products; and (b) have and e;itercise such other powers including the inspection of tobacco plants, tobacco buildings, premises, weight and qualitlcs of tobacco or tobacco products as are provided for in these Reau lations or as may be prescribed by the Board. 49 .--(1) The Board may conduct tobacco crop inspection at any timo within specified tobacco areas. (2) The Board shall confinn production estimated to ~e· growers and the Ministry in February or March for flue cured tobacco, and Mlrch or April, for fire cured tobacco, and March or April, for fire cuted tobacco. PART VII LICENCE AND FEES 50. The Board shall on prescribed terms and conditions and upon payment of fees shown in the second schedule issue licences to tobacco dealers, exporters and importers in the country: Provided that the Board may revoke such licences issued by it for a good cause and that the green leaf buying licences shall be issued for every market centre registered by the Board. 51. Every tobacco buyer shall pay to the Board a regulatory fee as prescribed by the Minister from time to time. PART vm GENERAL PROVISIONS 52. Any person who has been aggrieved by the decision of the Board pursuant to the provisions of any of these Regulations may appeal to the Minister. 53. Any person who contravenes any of these regulations where no punishment has been specified, commits an offence and upon convic tion is liable to a fine not exceeding three hundred thousand shillings or imprisonment for a tenn not exceeding two years and in addition to such a fine or imprisonment the Board may exercise its powers to revoke or suspend the licence formerly issued by it. 54. The Tobacco Regulations 1998 are hereby revoked. FIRST SCHEDULE Regulation 2(1) The regions of application are Tabora, Shinyanga, Singida, Rukwa, Mbeya, Iringa, Kigoma, Ruvuma. Lindi, Kagera, Tanga, Morogoro and Mara. SECOND SCHEDULE Regulation 50 Fees for licences are as follows (a) Field green leaf buying licences Shs. 50,000.00; (b) Factory green leaf buying licence Shs. 600,000.00; (c) Factory green leaf selling licence Shs. 600,000.00; and (d) Dry leaf selling licence Shs. 600,000.00. Dar es Salaam, 3rd August, 2000 WILLIAM J. KusILA, Minister of Agriculture and Cooperatives Price Shs. 6401= Regulatory fee Aggrieved person to appeal to Minister General penalty Revocation of G.N. No. 68 of 1997