Plant Protection Regulations 1998

1 THE PLANT PROTECTION REGULATIONS, 1998 ——— TABLE OF CONTENTS —— PART I PRELIMINARY Regulation Title 1 Citation. 2 Interpretation. 3 Composition of NPPAC and its operational procedures. 4 Functions of NPPAC. 5 Appointment of first chairman and vice-chairman 6 NPPAC sub-committees. 7 Tenure and procedure of sub-committees 8 NPPAC Secretariat. 9 Functions of NPPAC Secretariat. 10 Qualifications of inspectors. 11 Disqualification of Inspectors. 12 Points of entry. 13 Declaration on arrival. 14 Prohibition of removal from point of entry. 15 Prohibition of abandonment or disposal. 2 PART II PESTICIDES CONTROL 16 Composition of Pesticides Approval and Technical Registration Sub-committee (PARTS) 17 Functions of the PARTS 18 Procedure for importation of pesticides. 19 Registration of pesticides. 20 Application for registration. 21 Submission and analysis of samples. 22 Testing of pesticides. 23 Additional conditions for importation and handling. 24 Registration. 25 Certificate of registration. 26 Provisional registration. 27 Restricted use. 28 Registration of pesticides for experimental purposes. 29 Evidence or registration or approval before issue of business licence. 30 Manufacturers etc. to abide by safety guidelines and maintain quality control laboratory. 31 Clearance and licensing of pesticide handlers. 32 Pesticides records. 33 Labelling. 34 Handlers of pesticides to be provided with protective gear etc.. 35 Packing, handling and storage of pesticides. 36 Information on pesticides and empty containers disposal 3 37 Disposal of unwanted pesticides and used pesticides containers. 38 User obligation on pesticides procurement. 39 Pesticides advertisements. PART III BIOLOGICAL CONTROL AGENTS 40 Composition of Biological Control Agents Sub-committee (BCAS). 41 Functions of sub-committee. 42 Procedure for importation of biological control agents. 43 Conditions before importation of biological control agents. 44 Responsibilities of biological control agent registrants. 45 Responsibilities of biological control agent registrants after release of biological control agents. PART IV PLANT QUARANTINE 46 Composition of Plant Quarantine and Phytosanitary Services Sub-committee (PQPS). 47 Functions of the sub-committee. 48 Procedure for importation of plant or plant products. 49 Regulated imports. 50 Points of entry for high risk plant material. 51 Conditions for importation of high risk plant material. 52 Conditions for importation of fresh fruits and vegetables. 4 53 Notification of arrival of vessels or aircraft. 54 Quarantine precautions by masters of vessels. 55 Documentation on arrival. 56 Postal documentation. 57 No removal from quarantine without permission. 58 Export certification. PART IV OUTBREAK PESTS CONTROL 59 Composition of Outbreak Pests Control Sub committee (OPCS). 60 Functions of sub committee. 61 Availability of employees and equipment. 62 Reporting of an outbreak or other measures. PART V GENERAL PROVISIONS 63 Fees to be charged on plant protection services. 64 Payments. 65 Documents to be Government documents. 66 Offences. 67 Revocation. SCHEDULES 5 THE PLANT PROTECTION ACT, 1997 (NO.13 OF 1997) REGULATIONS Made under section 42 THE PLANT PROTECTION REGULATIONS PART I PRELIMINARY Citation. 1. These Regulations may be cited as the Plant Protection Regulations, 1998 Interpretation 2. -(1) In these Regulations, unless the context otherwise requires— Act No 13 of 1997 “Act” means the Plant Protection Act; “Analyst in-charge” means the chief analyst appointed under section 32 of the Act; “BCAS” means Biological Control Agents Sub committee 6 “biological control agent” means a natural enemy, antagonist or competitor and other self replicating biotic entity, used for pest control; “Chairman” means the Chairman of the National Plant Protection Advisory Committee appointed under regulation 4 of these Regulations; “Committee” means the National Plant Protection Advisory Committee established under section 31 of the Act; “competitor” means an organism which competes with pests for essential elements such as food and shelter in the environment; “compounding” means mixing of pesticide ingredient with another ingredient including diluent; “contaminant” means a natural enemy, antagonist or competitor and other self replicating biotic entity, which can limit the population of biological agent, and includes parasitoids, parasites, predators and pathogens; “Designated National Authority” means a Government designated agency to be responsible for PIC; “experimental registration” means registration of pesticides to be used for only experimental purposes by the registrant or persons approved by 7 the registrar. “FOB” means free on board; “form” means a form set out in the Schedule to these Regulations; “formulating” means prescribing and , or mixing pesticide ingredient according to particular formulae; “Institute” means a research institute “label” means any written, printed or graphic matter on the immediate container and on every other receptacle of package in which the container is placed or packed; “laboratory” means the Pesticides Control Analytical; “manufacture” in relation to any pesticide includes any process or part of a process for making, altering, finishing, packing, labeling, breaking up or otherwise treating or adopting any pesticide with a view to its distribution or use, and includes any process of formulating and compounding such pesticides, and the word “manufacture” shall be construed accordingly; “micro-organisms” means a protozoan, fungus, bacterium, virus, or other microscopic self replicating biotic entity; 8 “Ministry” means the Ministry responsible for agricultural matters; “natural enemy” means a parasitoid, parasite, predator and pathogen or any other organism which leaves at the expense of another organism and which help to limit the population of its host; “NPPAC subcommittee” means a Committee of the NPPAC established under regulation 6 of these Regulations; “NPPAC” means the National Plant Protection Advisory Committee established under Section 31 of the Act; “OPCS” means the Outbreak Pests Control Sub Committee; “organism” means biotic entity capable of reproduction or replication; vertebrate or invertebrate animals, plants and micro-organisms; “package” means a receptacle or wrapper in which pesticide container is placed or packed during storage or transportation and the word “packaging” shall be construed accordingly; “parasite” an organism which lives on or in a larger organism feeding upon it; “parasitoid” means any insect parasitic only in its immature stages, killing its host in the process of its development, and free living as an adult; 9 “PARTS” means Approval and Registration Technical; “pathogen” means any micro organism causing disease; “permit “ means a permit issued in compliance with these Regulations; “pest control operator” means a person licensed to undertake commercial pest management activities; “PIC” means Prior Informed Consent; “pesticide” means any plant protection substance intended for preventing, destroying or controlling pest, unwanted species of plant or animal causing harm during or otherwise interfering with the production, processing, storage, transport, or marketing of food, agricultural commodities, wood and wood products. The term includes substances intended for use as a plant growth regulator, defoliant, desiccant or agent for thinning fruit or preventing the premature fall of fruit and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport. “point of entry” means a point of entry declared as such under regulation 12 “PQS” means Plant Quarantine Sub-committee of 10 the NPPAC; “predator” a natural enemy that preys and feeds on other animal organisms, more than one of which are killed during its lifetime; “premise” means any land, shop, stall or place where any pesticide is sold or manufactured or stored or used and includes any vehicle carrying pesticides; “quarantine area” means an area for official confinement of plant or plant products, harmful organisms to plants, beneficial organisms, goods or soil being imported or exported to Tanzania, subject to phytosanitary regulations, for observation and research or for further inspection and or testing; “release” means the intentional liberation of an organism into the environment; “sale” means sale of any pesticide, whether for cash or on credit and whether by wholesale or retail and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale any pesticide and an attempt to sell any such pesticide; “schedule” means a schedule to these Regulations; “true seed” means a resting embryo plant enclosed in a protective coat, and it does not include any vegetative material commonly referred to as 11 “seed” or grain imported exclusively for consumption or processing; (3) In these Regulations any reference to a form shall be read as a reference to a form contained in the schedules. Composition of NPPAC and its operational procedures. 3.-(1) The National Plant Protection Advisory Committee shall consist of the following members namely— (a) one representative from the relevant Department of the Government Ministries or Departments responsible for— (i) agriculture; (ii) health; (iii) environment; (iv) natural resources; (v) justice; and (vi) finance. (b) One officer from Governmental or quasi-governmental institutions responsible for — (i) environmental management; (ii) pesticides research ; (iii) agricultural research; (iv) commodity standards control; and 12 (v) pharmaceuticals and poisons control; and (c) One officer from the relevant department of Sokoine University of Agriculture. (2) The Committee may co-opt other members with no voting rights (co-opted members), who shall include, but not limited to the following— (a) the head of the division responsible for plant protection of the Ministry responsible for Agriculture of the Revolutionary Government of Zanzibar; (b) international organizations responsible for plant protection research and extension; and (c) international organizations responsible for environmental management; (d) one representative from private sector associations of— (i) plant protection substances manufacturers, importers and distributors; (ii) plant protection substances 13 consumers; and (iii) promoters of safe use of plant protection substances. (3) any member of the Committee or Sub-committee, who is engaged in any trade or business concerned with importation, manufacturing, distribution or sale of any plant protection substance, plant, or plant products, while holding such membership, shall not participate in the decision making of the Committee or sub-committee if the committee or sub-committee is of the view that such trade or business may prejudice his opinion on that particular subject matter; Functions of the NPPAC 4.-(1) The NPPAC shall, in addition to the functions provided under section 31 of the Act, perform the following functions (a) coordinate plant protection activities of the NPPAC sub-committees; (b) maintain a system of collaboration with any national or international body or person dealing with plant protection; (c) consider and endorse reports from the 14 NPPAC sub-committees; (d) propose to the Minister areas in plant protection legislation which require revision or updating as may be deemed necessary from time to time; (e) perform such other incidental or consequential activities necessary for carrying out the functions assigned to it under the Act or these Regulations; (2) The Committee shall regulate its own procedure and the conduct of its business in conformity with these Regulations; (3) Subject to the provisions of regulation 5, the Committee shall elect from amongst its members, a Chairman and Vice chairman. (4) The Chairman and the vice chairman elected under sub-regulation (3) of this regulation shall hold office for three years and may be re elected. (5) The quorum for the NPPAC meeting shall be two third of all members or one half of non co-opted members. (6) All decisions by the NPPAC shall be arrived at unanimously, except in the case of disagreement the decision shall be made by a majority vote, and where there is equality of 15 votes the chairman or in his absence, the vice chairman shall have a casting or second vote. Appointment of first chairman and vice chairman 5.-(1) Notwithstanding the provisions of regulation 4 of these Regulations the Minister shall appoint from amongst the NPPAC members the first chairman and the first vice chairman; (2) After the appointment of the first chairman and vice chairman according to the provision of sub-regulation (1) of this regulation the subsequent appointments of such persons shall be as provided for under regulation 4 of these Regulations. NPPAC sub committees 6.-(1) The Committee shall have the following sub-committees (a) the Pesticides Approval and Registration Technical Sub Committee (PARTS) ; (b) the Biological Control Agents Sub Committee (BCAS); (c) the Plant Quarantine and Phytosanitary Services Sub Committee (PQPS); and (d) the Outbreak Pests Sub-Committee 16 (OPS). (2) The composition of the sub-committees established under sub-regulation (1) of this regulation shall reflect the technical nature for which the sub-committee is established . (3) Except for the first chairman of each sub committee, who shall be appointed by the NPPAC, the subsequent chairmen of each sub-committee shall be appointed by the majority vote of the members of the sub-committee. (4) Each sub-committee may co-opt such number of other experts and for such purposes and periods as it may deem fit. Tenure and procedure of sub-committees 7.- (1) A member of a sub-committee shall hold office only for as long as he is holding the appointment by virtue of which his nomination was based. (2) Every sub-committee shall regulate its own procedure and the conduct of business to be transacted by it. NPPAC Secretariat 8.-(1) The division responsible for plant protection services of the Ministry shall be the Secretariat of the NPPAC; (2) The Head of the division referred to 17 under sub-regulation (1) of this regulation shall be the Executive Secretary to the NPPAC . (3) The Registrar and the Inspector in-charge shall each be the Deputy Executive Secretary of the NPPAC and, unless specified in the Act and in these Regulations, they shall be assigned such duties as the Executive Secretary may direct. Functions of NPPAC Secretariat 9.-(1) In addition to the functions assigned to it by the Act the NPPAC Secretariat shall (a) be the implementing agency of the NPPAC decisions; (b) be a custodian of the information transacted in the NPPAC meetings; (c) perform such other incidental or consequential activities necessary for carrying out the functions assigned to it under the Act or these Regulations. Qualifications of Inspectors 10.-(1) No person shall be appointed as an inspector according to Section 33 of the Act unless that person is registered as an inspector. (2) The minimum qualifications for a person to be registered as an inspector shall include, but not limited to the following (a) at least a diploma or its equivalent in 18 relevant sciences; (b) must have successfully completed an inspectors’ course in relevant aspects of plant protection; (3) The inspector shall upon registration be given an identification which he shall carry and produce whenever necessary during all times of executing his duties. Disqualification of Inspectors 11. An inspector shall cease to be an inspector in accordance with the Act and any other provision in these Regulations in case of (a) death; (b) a state of prolonged ill health; (c) retirement from such services; (d) misconduct which results to breaching of inspection rules or guidelines; (e) where by any reason the Minister believes that the inspector can not properly execute his duties. Points of entry 12.-(1) Subject to regulation 50 of these Regulations, the points of exportation or importation into mainland Tanzania for plants, plant products, and plant protection substances shall be confined to 19 (a) airports (i) Dar es Salaam International Airport; and (ii) Kilimanjaro International Airport; (b) harbours (i) Dar es Salaam Harbour; (ii) Tanga Harbour; (iii) Mtwara Harbour; (iv) Bukoba Port; (v) Mwanza Port; (vi) Kigoma Port; (vii)Musoma Port; (viii)Mbamba bay Port; (ix) Itungi Port; and (x) Lindi Port. (c) overland border entry points (i) Namanga; (ii) Tunduma; (iii) Sirari; (iv) Mutukula; (v) Rusumo; (vi) Tarakea; (vii)Horohoro; (viii)Mpulungu; (ix) Kibondo; (x) Holili; 20 (xi) Kasumulo; (xii)Isongola; (xiii)Kalema; (xiv)Makambe; (xv) Mkomazi; (xvi) Main railway stations in Dar es Salaam; and (xvii) any post office. (2) The Head of the Plant Protection in consultation with the NPPAC, and with the Minister’s approval, may by Notice published in the Gazette amend sub regulation (1) of this regulation. Declaration on arrival 13.- (1) The declaration to an inspector of any plant, plant products, soil, or plant protection substance imported into Tanzania as required by the Act (a) in the case of the passengers and crew of any vessel, aircraft or train shall be, in the form specified in the Tenth Schedule; and (b) in the case of importers and other persons bringing things to which the Act applies, into Tanzania unaccompanied by them, shall be in the 21 form specified in the Eleventh Schedule Prohibition of removal from point of entry 14.— No person shall, without the prior written permission of an inspector, remove (a) any plant protection substance; (b) any plant or plant products; or (c) any packaging in which plant protection substance, plant, or plant product or any other thing has been contained, from any wharf, landing-place, airport or any other point of entry. Prohibition of abandonment or disposal 15. No person shall without the prior written permission of an inspector, abandon or dispose of any premises where plant or plant products or plant protection substances is being grown or held. PART II PESTICIDES CONTROL Composition of Pesticides 16.- The Pesticides Approval and Registration Technical Sub-committee shall consist of the 22 Approval and Registration Technical Sub-committee (PARTS) following members, namely (a) the Registrar of Pesticides who shall be the Secretary to the Sub committee; (b) the Analyst in-charge; (c) Director of Research of the Ministry of Agriculture and Cooperatives; (d) officer in-charge of the government department responsible for veterinary services; (e) the Registrar of Pharmaceuticals and Poisons; (f) the Chief Government Chemist; (g) the office in-charge for pesticides in the national institution responsible for commodity standards control; (h) officer in-charge of the department responsible for crop science of the Sokoine University of Agriculture; (i) responsible officer dealing with environmental toxicology within the National Environmental Management Institution; and (j) representative of the chemical and processing engineering department of the University of Dar es Salaam; 23 (k) a representative from the Institute responsible for pesticide research. Functions of the PARTS 17. The PARTS shall perform the following functions, namely (a) to advise the NPPAC on pesticides management and control; (b) to advise the Registrar on pesticide registration; (c) to perform such other incidental or consequential activities necessary for carrying out the functions assigned to it under the Act or these Regulations. (d) to approve pesticides; (e) to perform any other function as may be prescribed by the NPPAC from time to time. Procedure for importation of pesticides 18.- (1) Every person importing pesticides shall obtain a permit for importing that pesticide, from the Registrar. (2) The application for, and issuance of a permit thereof shall be effected in the forms set out respectively in the First Schedule and the Second Schedule. (3) Every importer of a pesticide shall pay a 24 cess of 0.5% of the FOB value of the pesticide to be imported. (4) Any cess paid under this regulation shall be refunded where it is shown to the satisfaction of the Registrar that the pesticide in respect of which the cess was paid, was not, for any reason, subsequently imported. Registration of pesticides 19. All pesticides manufactured, formulated or compounded for disposal in any way for use in Tanzania, shall be registered in accordance with the Act and these Regulations. Application for registration 20. Every application for pesticide registration or renewal of registration shall be made on a form specified in the Third Schedule to these Regulations and shall, unless otherwise advised, be accompanied by (a) a dossier containing additional information to determine the suitability of the pesticide as to its use and including technical data sheet and direction on how to detect and quantitative the active ingredient; (b) the appropriate fee or any other charge provided under the Act or these Regulations; (c) a representative sample of the pesticide and 25 certificate of analysis, if already issued; and (d) a written declaration that the pesticide has or has not been banned or restricted in the country of origin. Submission and analysis of samples 21. A sample submitted to the Registrar for analysis for purposes of registration shall— (a) be accompanied by appropriate standards; (b) not be less than 0.5 kilograms in case of solids, or not less than 0.5 litres in case of liquids; (c) be accompanied with its specification and other relevant information; (d) be adequately, packed, sealed and labelled; and (e) be accompanied with sample containers intended to be used for marketing, distribution, use or any other disposal. Testing of pesticides 22.—(1) Every pesticide submitted for registration shall be submitted for analysis to the research institute appointed in accordance with section 32 of the Act, and that research institute, shall carry out such field tests and laboratory analysis as are necessary to determine its suitability. (2) The time for conducting laboratory analysis and submission of the results shall not exceed fourteen 26 days and the time required for conducting field tests shall not be less than three cropping seasons; (3) The Analyst in-charge shall ensure that all necessary reagents are available before receiving the sample for laboratory analysis. (4) Upon completion of the analysis and field tests, the results shall be submitted to the Registrar using a Certificate of Analysis as indicated in the Fifth Schedule to these Regulations. Additional conditions for importation and handling of pesticides 23. The person applying for registration of a pesticide shall satisfy the Registrar that— (a) the premises for the storage of the pesticide are adequate and well equipped with proper pesticides storage facilities necessary for avoiding any hazards to human, animals and environment, and for preserving the properties of the pesticide in respect of which a registration certificate is sought; and (b) he has proof that himself or at least one of his technical staff is qualified and experienced in handling the pesticide. Registration 24.-(1) The Registrar shall register a pesticide if he is satisfied that the person applying for registration of the pesticide has complied with the provisions of 27 the Act and these Regulations. (2) On registration the person applying for registration of a pesticide shall pay such fees as provided under Part VI of these Regulations. (3) The Registrar in consultation with PARTS may refuse to register a pesticide if he is not satisfied in terms of sub-regulation (1). (4) An appeal from a decision of the Registrar refusing to register a pesticide under sub-regulation (1) shall lie to the Minister and the Minister’s decision shall be final. (5) Every appeal under sub-regulation (4) shall be made within sixty days from the date of the decision of the Registrar. (6) Pursuant to section 28 (b) of the Act, the Registrar after being so advised by the PARTS, may provide special registration conditions or requirements for the registration of specific plant resistance improver. (7) The application for re-registration shall be made six months before the expiration of the time for which a pesticide has been registered. Certificate of registration 25.-(1) Upon the approval of registration, the Registrar shall issue a certificate of registration in a form prescribed in the Fourth Schedule in respect of a 28 pesticide whose registration was sought. (2) Every certificate for full pesticide registration shall be valid for five years. Provisional registration 26.-(1) Where by reason of non-compliance with any provision of these Regulations or any direction given , the Registrar is unable to register a pesticide but satisfied that steps can be taken with diligence by the applicant to comply with such provision or direction, as the case may be, he may after being so advised by the PARTS, and by notice in writing (hereafter referred to as a notice of deferment), defer registration of that pesticide pending compliance with such provision or direction. (2) The Registrar shall transmit the notice of deferment to the person who applies for registration of the pesticide. (3) A notice of deferment shall, subject to the provisions of this regulation and any conditions specified in that notice, entitle the person applying for the registration of a pesticide to use or dispose for use of the pesticide. (4) Every provisional registration shall be valid for two years and shall not be renewed unless that renewal is approved the NPPAC. 29 Restricted use 27. In cases where a pesticide: (a) is subject to PIC procedure; or; (b) is highly toxic, persistent and biologically cumulative; or (c) causes poisoning effects to human and animals of which no effective antidote is available, the Registrar shall not register that pesticide unless — (i) the case under paragraph (a) of this regulation obtains concurrence of Designated National Agency ; or (ii) in cases under paragraph (b) and (c) additional conditions and restrictions as to its safe use and disposal and other conditions deemed necessary are imposed by the PARTS. Registration of pesticides for experimental purposes 28.-(1) A person who intends to use a pesticide for experimental purpose shall have that pesticide registered for such purposes. (2) Every registration of a pesticide for experimental purpose shall be valid for one year. Evidence of 29. A business licensing authority shall only issue 30 registration or approval before issue of business licenses trading licenses to persons intending to carry out pesticide business including manufacturers, distributors, formulators, fumigators, and other pest controllers, after such persons have produced a written approval or registration certificate from the Registrar. Manufacturers etc. to abide by safety guidelines and to maintain quality control laboratory 30. Every manufacturer of pesticides shall (a) take all appropriate measures in ensuring the safety of their employees, the pesticide manufacturing plants, the public and the general environment in accordance to the Integrated International Safety Guidelines for Pesticide formulation in developing countries issued by the United Nations Industrial Development Organization from time to time; (b) maintain a quality control laboratory or engage a recognized laboratory to check the quality of its finished products, test and keep records of its products prior to releasing them for distribution and use; 31 (c) ensure appropriate antidote and facilities to effect first-aid are available. Clearance and licensing and of pesticide handlers 31.-(1) No person may import a registered pesticide unless he is permitted in writing by the registrant of that pesticide and the said permit is cleared by the Registrar; (2) The licensed pest control operators shall be charged with ensuring safety of their employees and clients, creation of the awareness on the inherent risks of indiscriminate use and misuse of pesticides and shall enable the early diagnosis of cases of pesticide poisoning, prior to being licensed as pest control operators and particularly, they shall have the following minimum qualities— (a) each office and branch must have at least one operator trained in safe application and use of pesticides; and cleared or approved by the Registrar; (b) contracts for operations shall abide by purposes for which the pesticide is registered; (c) their offices shall be equipped with the necessary safety equipment and protecting gear; 32 (d) an occupational health programme for the pest control operators and a maintenance programme for the working gear; and (e) appropriate antidote and facilities to effect first-aid treatment must be available. (3) The licensing of pesticides retail shops shall be done after ensuring that— (a) the shop owners or supervisors are trained in pesticide safety; (b) the shops have relevant information or documents which can enable them to state the source of the pesticides on sale, and (c) the shop premises have adequate and appropriate pesticide storage, display, and safety equipment facilities. Pesticides records 32. (1) Every manufacturer or importer of pesticides shall keep records of— (a) type of pesticide; (b) origin; (c) port of entry; (d) quantity imported and sold; (e) purpose for use; 33 (f) batch number; (g) date of manufacture or importation; (h) any other information which may be necessary for purposes of pesticides control. 2) Every pesticides retailer or pest control operator shall keep records of— (a) type of pesticide; (b) quantity acuired; (c) purpose for use; (d) quantity used; (e) batch number; and (f) any other information which may be necessary for purposes of pesticides control; (3) The information kept under sub-regulations (1) and (2) of this regulation shall— (a) be reported periodically to the Registrar in a form prescribed by the Registrar; (b) be maintained for at least five years; (c) be made available to the inspector whenever requested; (4) The information obtained under sub-regulation (3) of this regulation shall be kept in the data base in the offices of the Registrar and Inspector in-charge, 34 and shall be classified as “confidential” and be treated accordingly Labelling 33.- (1) In addition to the provisions of section 20 (1) of the Act, any label of a pesticide shall include— (a) the words “Registrar of Pesticides”. (b) the warning “SUMU (POISON)” written in bold red letters appearing at the top-centre of the label together with appropriate warning symbols or pictograms and colour codes; (2) All the information on the label shall be accurate and free from any statements which cannot be substantiated or which could falsely inform a purchaser or user and the label shall not describe a product by such terms as “harmless”, “non-toxic”, “the best”, “superior” or “most effective”. Handlers of pesticides to be provided with protective gear etc. 34. Any person handling pesticides shall possess and use appropriate personal protective gear or equipment which shall include face-masks, goggles, respirators, rubber gloves, plastic or rubber aprons, rubber boots, overalls and caps. Packing, handling and 35.-(1) Pesticides shall be packed in clean and dry containers designed to provide protection against 35 storage areas of pesticides product deterioration, compaction, weight change or other spoilage and containers shall be capable of withstanding all anticipated level of handling, storage, stacking, loading and unloading conditions and shall at least have the following qualities— (a) not capable of being adversely affected by changes in ambient conditions such as, pressure, temperature and humidity; (b) the outer surface of the container is constructed of, or coated with, materials capable of resisting corrosion or other deterioration; (c) the inner surface of the container or closure is coated or lined with substances or materials which resist corrosion and are not comprised of materials capable of reacting with other materials such as pesticides from other compounds, or weaken the overall structure of the container or closure; (d) approved container or closure of a specific material and design for a particular pesticide product or formulation shall be re-approved if it has to be used for other product or formulation; (2) No pesticide shall be transported or stored or handled in such a way that it can easily come into contact with un-intended objects such as feed or 36 food stuff. (3) Pesticide storage areas shall be constructed and maintained in such a way that the risk of exposure and environmental contamination and poisoning is avoided. (4) All pesticide storage areas shall be clearly marked with warning signs and pesticides shall be stored in their original containers. (5) Pesticide storage areas shall be inspected regularly and special attention shall be given to damage, spills and container deterioration, and in case of spillage, clean-up and decontamination shall be done promptly. (6) Pesticides storage area shall be kept locked to avoid unauthorized access and shall be well ventilated and provided with fire-fighting equipment. Information on pesticides and empty containers disposal 36.-.Every registrant shall supply information on the safe and most practical ways of disposing of any unwanted quantities of pesticides and empty pesticides containers to the Registrar. Disposal of unwanted 37.- (1) Unwanted pesticides and empty pesticides containers shall be disposed of after authorization has 37 pesticides and empty pesticides containers been given by the NPPAC for such undertaking . (2) The authorization given under sub-regulation (1) of this regulation shall also indicate the recommended way of disposal. User obligation on pesticides procurement 38. Pesticide users or farmers shall make efforts to minimize possibilities which will compel them to dispose of unwanted quantities of pesticides by— (a) procuring pesticides only enough for the intended use; and (b) transferring the excess to another user. Pesticides advertisements 39. Any person advertising a pesticide shall ensure that all statements are capable of technical substantiation and do not contain any visual representation which directly or by implication, omission, ambiguity or exaggerated claim, is likely to mislead the buyer in particular with regard to the safety of the product, its composition. and effectiveness. PART III BIOLOGICAL CONTROL AGENTS Composition of 40. The Biological Control Agents Sub 38 Biological Control Agents Sub committee (BCAS) committee shall consist of the following members, namely (a) the Inspector in-charge who shall be the Secretary to the sub-committee; (b) the Registrar; (c) the representative from the Ministry responsible for environmental management; (d) representative from the Department responsible for plant health of the Sokoine University of Agriculture; (e) representative of the Post-entry Quarantine Station; (f) representative of the Ministry responsible for natural resources Functions of sub committee 41. The Sub-committee shall perform the following functions, namely— (a) to advise the NPPAC on biological control agents matters; (b) to advise the NPPAC on the importation, registration and release of biological control agents; (c) to perform such other incidental or 39 consequential activities necessary for carrying out the functions assigned to it under the Act or these Regulations. Procedure for importation of biological control agents 42.-(1) Subject to the provisions of the Act and these Regulations, no biological control agents may be imported into Tanzania unless— (a) they are imported in accordance with the conditions on a biological control agents import permit, previously obtained from, and signed by the Inspector in-charge; (b) they are imported through points of entry for high risk material provided under regulation 51 and subjected to quarantine procedures at the post entry quarantine station; (c) the collections in authoritative identified voucher specimens of the biological control agents and targeted pest or pests issued by the National Plant Protection Organization of the country of origin are made available; (2) An application for import permit of biological control agents and a permit thereof shall be in forms indicated in the Sixth Schedule and Seventh Schedule respectively and shall be forwarded to the 40 Inspector in-charge. (3) The Inspector in-charge may add such other terms and conditions in addition to the terms and conditions contained in the import permit, as he may think fit. Conditions before importation of biological control agents 43. Before giving a permit for importation of biological control agents the Inspector in-charge shall ensure that— (a) the BCAS evaluation of the importation application of the biological control agent is approved by the NPPAC; (b) procedures are available for the full documentation of the importation, release, impact of the biological control agent and any other data relevant to assessing the outcome, and make records available to the scientific community and the public; (c) the biological control agent is already registered according to regulation 45 of these Regulations. Responsibilities of biological control agent registrants. 44.-(1) All biological control agents being considered for disposal for any use in Tanzania shall be registered in accordance with the Act and these 41 Regulations; (2) Prior to the first importation or introduction of a biological control agent, the prospective biological control agent registrant shall, for purposes of registration, prepare dossiers for submission to the Registrar with information on— (a) the pest to be controlled which shall include, but not limited to— (i) accurate identification of the target pest, its world distribution and origin; (ii) assessment of its importance; (iii) its natural enemies, antagonists or competitors already present or used in the proposed release area or in other parts of the world. (b) the candidate biological control agent which shall include, but not limited to information on— (i) accurate identification or, where necessary, sufficient characterisation of the agent to allow its unambiguous recognition; (ii) its origin, distribution, biology, natural enemies, and impact on its 42 area of distribution; (iii) its host specificity and any potential hazards posed on non target hosts; (iv) natural enemies or contaminants of the candidate agent and procedures required for their elimination from laboratory colonies, including, if appropriate, procedures to accurately identify and, if necessary, eliminate from culture the host upon which the agent was cultured. (c) potential hazard analyses and risks posed thereby and proposed mitigating procedures with respect to— (i) those who may be handling biological control agents under laboratory, production and field conditions; (ii) human, animal health, and environment following the introduction of the biological control agent; (3) the Registrar shall present information required 43 under sub-regulation (2) to BCAS for approval. (4) Upon the approval of registration, the Registrar shall issue a certificate of registration in a form prescribed in the Eighth schedule in respect of a biological control agent whose registration was sought. Responsibilities of biological control agent registrants after release of biological control agents 45. Upon release of biological control agent the importer or introducer ,as the case may be, shall (a) ensure that persons involved in distribution of their biological control agents are trained adequately, such that they are capable of providing the user with advice on efficient use; (b) make information relating to the safety and environmental impact of biological control agent publicly available, and maintain a free and frank exchange of information, not subject to commercial confidentiality, with exporters, authorities other than importers and operators of programmes involved in biological control agents; (c) consider publication of the results of each first importation and release programme 44 in an international journal which shall include details of the programme and its economic and environmental impact as soon as practicable after the release of the agent; (d) notify the Government when problems occur and take corrective action and, when requested by the Government help to find solutions to difficulties; PART IV PLANT QUARANTINE AND PHYTOSANITARY MATTERS Composition of Plant Quarantine and Phytosanitary Services Sub committee (PQPS) 46.-(1) The Plant Quarantine and Phytosanitary Sub-committee shall consist of the following members, namely— (a) the Inspector in-charge who shall be the Secretary to the sub-committee; (b) representative of the Post-entry Quarantine Station or Quarantine Stations; (c) representative department responsible for 45 plant health research in the Ministry; (d) representative of the seed unit in the Ministry ; (e) representative of the government official seed certifying agency; (f) representative of the forestry department in the Ministry responsible for natural resources; (g) representative of the department responsible for plant health of the Sokoine University of Agriculture; (h) representative of customs services Functions of sub committee 47. The sub-committee shall perform the following functions, namely (a) to advise the NPPAC on plant quarantine matters; (b) to perform such other incidental or consequential activities necessary for carrying out the functions assigned to it under the Act or these Regulations. Procedure for importation of plants or plant products 48.-(1) Subject to the provisions of the Act and these Regulations, no person shall import plant or plant products except in accordance with the conditions on a plant importation permit previously 46 obtained from, and signed by the Inspector in-charge; (2) An application for import permit of plant or plant products and a permit thereof shall be in a form indicated in the Ninth Schedule and Tenth Schedule respectively and shall be forwarded to the Inspector in-charge. (3) The Inspector in-charge may add such other terms and conditions in addition to the terms and conditions contained in the import permit, as he may think fit: Provided that in giving any conditions on the importation permits the Inspector in-charge shall be guided by the conditions laid down in the Fourteenth Schedule. Regulated imports 49.-(1) The plants or plant products categorized in the Fifteenth Schedule as “prohibited”, “high risk” and “low risk” shall be considered capable of presenting significant threat to agriculture and to the natural environment of Tanzania unless otherwise specified in that schedule. (2) Pursuant to Section 13 of the Act, any action taken on the regulated plant or plant products shall be deduced from the Fourteenth Schedule and in case a decision to destroy is made, it shall be recorded on a notice provided in the Fifteenth Schedule; 47 (3) Pursuant to Section 13 of the Act, any illegally imported plant, plant products, or soil shall be disposed of as prescribed in the Sixteenth Schedule; (4) Plant, materials appearing in the Fourteenth Schedule shall not be imported in the country. (5) The Inspector in-charge, in consultation with the PQPS, and after the Minister’s approval, may amend the Fourteenth and Fifteenth Schedules from time to time as it may be necessary and such amendments shall be reported to the NPPAC and subsequently published in the Gazette. Points of entry for high risk plant material 50.-(1) Notwithstanding the provision of regulation 13 of these Regulations, any high risk plant material intended to be imported into Tanzania shall only be imported through the following entry points:— (a) Airports: (i) Dar es Salaam International Airport; (ii) Kilimanjaro International Airport. (b) Harbours: (i) Dar es Salaam Harbour; (ii) Tanga Harbour; (c) Overland Border Entry points: (i) Namanga; 48 (ii) Tunduma. (2) The Minister may, by notice published in the Gazette, declare other areas or places to be points of entry for purposes of this regulation. Conditions for importation of high risk plant material 51.(1)- Any high risk plant material intended to be imported into Tanzania shall be— (a) clearly identified and labelled as to species and cultiver; (b) free from soil and other extraneous matter; and (c) packed in clean new package, in such a manner that all parts of the material may be readily inspected. (2) Any plant in tissue culture imported into Tanzania shall be (a) contained in a clear glass or plastic vessel (except the stopper) which allows examination; (b) imported in the vessel in which it has been grown; (c) within a clear agar-based medium, free from opaque matter and poured into the vessel while liquid; and (d) aseptic, with no measures having been taken to suppress microbial growth. 49 (3) Any high risk plant material which is not named or described in the Fourteenth Schedule may only be imported into Tanzania only on condition that— (a) the material shall be propagated under quarantine, in a location approved by the Inspector in-charge, using good husbandry practices; (b) the importer shall report without delay to an Inspector any pest or unhealthy condition found in or in connection with the material; (c) the importer shall, at his own expense, carry our any directions given by an inspector for the treatment of the material during quarantine; (d) the importer shall, if ordered by an inspector (such order being concurred with by the Inspector in-charge), destroy the material; and (e) no multiplication of the material shall take place during quarantine without the written permission of the Inspector in charge. (5) For the purpose of this regulation the term “multiplication” means production of high risk plant 50 material for purposes other than those required for post entry quarantine procedures. (6) Subject to section 9 of the Act, plant import permit shall not be issued for importation of vegetative propagating material of plant species that can equally be grown from true seed or tissue culture. Conditions for importation of fresh fruit and vegetables 52.-Any fresh fruit or vegetable imported into Tanzania shall— (a) be clearly identified , labeled, and packed in clean new package; and (b) be accompanied by— (i) an international phytosanitary certificate or its equivalent endorsed regarding any treatment carried out prior to shipment; and (ii) thermograph covering the full extent of any period of cool storage. Notification of arrival of vessels or aircraft 53.- (1) The master, owner or agent of any vessel shall, not less than twelve hours before the vessel’s estimated time of arrival in any port in Tanzania, give notice of its estimated time of arrival. (2) In a case where, the aircraft is not arriving in 51 accordance with a regular schedule, the pilot, owner or agent of any aircraft shall, not less than two hours before the aircraft’s estimated time of arrival at an airport in Tanzania, give notice of its estimated time of arrival. (3) In a case where, the train is not arriving in accordance with a regular schedule, the person in charge of any train shall, not less than six hours before the train’s estimated time of arrival at the border of Tanzania give notice at the nearest point of entry of its intended place and estimated time of arrival: Provided that no such notice shall be required if the train is arriving in accordance with a regular schedule. Quarantine precautions by masters of vessels 54.-The master of any vessel arriving in Tanzania shall (a) immediately acquaint himself with the precautions specified in the Eleventh Schedule of these Regulations and shall ensure that all its requirements are complied with; and (b) ensure that the announcement in the Twelfth Schedule is made to any disembarking 52 passenger on at least two occasions. Documentation on arrival 55.- The master, pilot or person in charge of any vessel, aircraft, train or other conveyance arriving in or at the border of Tanzania shall provide to an inspector at the point of entry (a) any cargo manifest, consignment note, crew or passenger list or other relevant documentation concerning the contents of the conveyance which the inspector may request ; and (b) a declaration in the Thirteenth Schedule in respect of any cargo containers on board the conveyance. Postal documentation 56.- Any plant material or other thing which is the subject of the Act introduced by post into Tanzania shall— (a) be clearly labeled in English or Kiswahili as to its contents; and (b) have the documentation required contained in an envelope securely attached to the outside of the package. No removal from quarantine 57.-No person shall, without the prior written permission of the Inspector in-charge, remove any 53 without permission plant material or other thing which is the subject of the Act from— (a) a point of entry; (b) a post entry quarantine station; (c) a quarantine area; or (d) any other quarantine required under the Act. Export certification 58.-(1) The Inspector in-charge, if he is satisfied after examining all , or a representative sample, of any plant or plant products intended for export or re export that— (a) it is practically free of pests; and (b) it conforms with the current phytosanitary requirements of the country to which it is intended to be exported or re-exported, may issue a phytosanitary certificate as prescribed in the Fourteenth Schedule. (2) The person applying for a phytosanitary certificate shall be responsible for providing the facilities necessary for the proper conduct of the examination referred to in sub-regulation (1) of this regulation, and any necessary treatment before the issue of the certificate shall be at that person’s expense. 54 PART V OUTBREAK PESTS CONTROL Composition of Outbreak Pests Control Sub-committee (OPCS) 59.- (1) The Outbreak Pests Control Sub-committee shall consist of the following members namely— (a) the head of the plant protection services in the Ministry who shall be the Secretary; (b) the Registrar of pesticides; (c) the Director of Research in the Ministry; (d) the representative of the of the Ministry responsible for environmental management; (e) the representative of the department dealing with disaster management of the Prime Minister’s Office; (f) the representative of the food security department of the Ministry; (g) representative of the department dealing with disaster financial relief in the Ministry responsible for finance; (h) the representative of the forestry department in the Ministry responsible for natural resources; and (i) representative of the Tropical Pesticides Research Institute. 55 (2) The officer responsible for regional administration in the affected regions or areas may become a co-opted member of OPCS. Functions of the sub-committee 60. The Sub-committee shall perform the following functions, namely— (i) to advise the NPPAC on outbreak pests management and control, particularly with regard to appropriate response during pest outbreaks; and (ii) to perform such other incidental or consequential activities necessary for carrying out the functions assigned to it under the Act or these Regulations. Availability of employees and equipment 61. —(1) Every owner, occupier or person having the charge or management of land on which agricultural crops have been planted, shall, on verbal or written request by an Inspector, place at the disposal of the Inspector on the day on which the request is made such person employed on that land as the Inspector may require for the carrying of messages regarding outbreak pests of the destruction of their other development stages and the killing of such outbreak pests either on that land or any other land that 56 the Inspector may designate. (2) Every such owner or occupier or person shall on similar request by an Inspector place at his disposal such draught animals, implements for ploughing or cultivation, carts, wagons and self propelling vehicles, and supplies necessary as the inspector may require for the use designated in the sub-regulation (1). Reporting of an outbreak or other measures 62. Every owner or occupier or person having the charge or management of land who knows of the existence of an outbreak pests at any of thelopment stage on such land shall forthwith report the same to an Inspector and shall take such measures immediately to destroy the pest as may have been or may be prescribed by the head of the plant protection services of the Ministry: Provided that in default of the action prescribed under this regulation the Inspector in-charge may undertake the necessary measures, or order such measures to be carried out in his presence, and the cost of materials and labour shall be borne by the owner or occupier. 57 PART VI GENERAL PROVISIONS Fees to be charged on plant protection services 63.- (1) A fee shall be charged on every service provided under the Act, and these Regulations. (2) Without prejudice to the generality of sub regulation (1) of this regulation, a fee shall be payable for the following services, namely— (a) the registration of plant protection substances , and post registration control; (b) the plant import and export control, and post entry quarantine; and (c) the training on plant protection provided by the Ministry ; and plant protection extension services. (3) The services that shall require a payment of a fee on registration of plant protection substances and post registration control shall include— (a) pre-business approval in plant protection substances for— (i) manufacturers; (ii) importers; (iii) distributors/retailers; and (iv) commercial operators; (b) plant protection substance registration for— (i) experimental registration; (ii) provisional registration; 58 (iii) full registration and renewal; (iv) re-registration; and (v) application for registration. (c) plant protection substances sampling ; (d) plant protection substances analytical and screening services in the laboratory; and in the field. (4) Services that require payment of fees on plant and plant products import and export control and post-entry control shall include but not limited to the (a) issuance of import permit; (b) inspection of consumption commodities; (c) treatment or treatment monitoring; (d) inspection of export commodities; (e) issuance of phytosanitary certificates; (f) closed and open post entry quarantine; (g) inspection or treatment of conveyances; and (h) conveyance certification. Payments. 64.-(1) Unless otherwise specified in the Sixteenth Schedule all payments shall be made in US dollars or in its Tanzanian shillings equivalent. (2) Subject to section 42 (1) (cc) of the Act, the rates to be charged on regulations 64 of these Regulations shall be according to the Sixteenth Schedule. 59 (3) The NPPAC Secretariat shall submit financial reports and budgets on the revenue collected under regulation 64 of these Regulations after and for every Government financial year to the NPPAC for ministerial approval. Documents to be Government documents 65.- (1) Documents mentioned in the Act and in these Regulations, including those appearing in the schedules shall be Government documents and no person may print or reproduce such documents in whatever form without prior consent of the Minister. (2) The head of the plant protection division of the Ministry shall be the only custodian of the documents mentioned in sub-regulation (1) of this regulation and no such documents shall be issued except under his authorization. (3) All forms or certificates issued for the purpose of these Regulations; unless otherwise stated in such forms or certificates, shall be filled in quadruplicate. Offences 66. Any person who, by himself, his agent or servant, either directly or indirectly contravenes any provision of these Regulations commits an offense in accordance with Section 39 of the Act. Revocation of 67. The Locusts (Destruction of Locusts) 60 G.N.Nos. 68 of 1929; 250 of 1950 408 of 1968; 193 of 1984 Regulation, 1929; The Plant Protection (Import) Order, 1950; the Plant Protection (Phytosanitary Certificates) Order, 1968; and The Pesticides Control Regulations, 1984 are hereby revoked. 61 FIRST SCHEDULE FORM PARTS-1 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Pesticides Registration and Control P.O. Box 9071 Dar es Salaam, Tanzania FOR OFFICIAL USE ONLY The Registrar, Ministry of Agriculture and Cooperatives Pesticides Registration and Control, P.O. Box 9071 Dar es Salaam, Tanzania Application No:............................... Date Received:................................. Fees Receipt No:.............................. Date Approved/Rejected:................. APPLICATION FOR A PERMIT TO IMPORT PESTICIDES (Under regulation 18) (To be filled in Quadruplicate) I/We ............................................................................................................................... of mailing address........................................................................................................... ....................................................................................................................................... wish to import the following pesticides........................................................................... ....................................................................................................................................... ....................................................................................................................................... whose details are attached, the total quantity being ................................................................................................................................. and FOB price being................................................................................................ and that from the attached letter of clearance from the registrant it is evident that the above mentioned pesticide was registered in Tanzania on: date ........................ Month .....................Year .......................................... The importation will be made during the period: Date ...................Month ......................... Year ..................., to Date ............................... Month ............................ Year .................. Dated:..................................................... .............................. Signature of Authorized officer Title:......................................................... For (official stamp)................................... .................................................................. 62 SECOND SCHEDULE FORM PART--2* THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Pesticides Registration and Control P.O. Box 9071 Dar es Salaam, Tanzania PERMIT No............................... PERMIT TO IMPORT PESTICIDE (Under regulation 18) (To be filled in Quadruplicate) M/S .................................................................................................................................... of (mailing address)............................................................................................................. is hereby authorized to import into the United Republic of Tanzania the following Pesticides:— Common name:.................................................................................................................. Trade Name:...................................................................................................................... Chemical Name:................................................................................................................ in quantity/quantities of .................................................................................................... on one occasion/..........................................................................................time, during the period: from Date ..................... Month .............................. Year .......................... to Date ..................... Month ..................................... Year .................................. A receipt No............................................... dated.....................................is herewith attached. Name of Registrant: ....................................................................................................... Registration Certificate No:........................................................................................... Dated......................................................... Signature:................................ Registrar Name of Registrant ............................................................................................. Registration Number .......................................................................................... Registration Date ................................................................................................ * This permit should be made available whenever requested 63 THIRD SCHEDULE FORM PART---3 (CONFIDENTIAL) THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Pesticides Registration and Control P.O. Box 9071 Dar es Salaam, Tanzania FOR OFFICIAL USE ONLY The Registrar, Ministry of Agriculture and Cooperatives Pesticides Registration and Control, P.O. Box 9071 Dar es Salaam, Tanzania Application No.: Date Received: Fees Receipt No.: Date Approved/Rejected: Rejection letter Ref. No.: APPLICATION FOR PESTICIDE REGISTRATION (Under regulation 20) (To be filled in Quadruplicate) 1. Applicant’s Details (a) Name: ............................................................................................................................ (b) Address:......................................................................................................................... (c) Address in Tanzania if different from above:................................................................. ...................................................................................................................................... (d) Type of Organization (Importer, Manufacturer, Distributor, etc.):................................ ...................................................................................................................................... (e) Name and address of Manufacturer/Importer of the original pesticide:......................... ..................................................................................................................................... (f) Name and address of firm’s consultants:...................................................................... ..................................................................................................................................... 2. Details of the Product: (a) Common name(s) of the Pesticide................................................................................. (b) Trade name(s) or code number of the Pesticide............................................................. (c) Chemical name(s) of the Pesticide (active ingredients ) . .............................................................. (d) Molecular formulae of the active ingredient(s) ............................................................ (e) Molecular weight........................................................................................................ (f) Structural formulae of the active ingredient................................................................. (g) Main active ingredient(s)............................................................................................. contents by weight/volume.......................................................................................... (h) List of adjuvant name(s).............................................................................................. content by weight/volume............................................................................................. 64 (i) Type of pesticide (e.g. insecticide, herbicide, fungicide, etc)........................................... (j) Type of formulation (e.g. wettable powder, dust, emulcifiable concentrate etc) ............. (k) Physical properties (i) Solubility of the pesticide in aqueous and/or organic solvents (metric units)... (ii) Emulsifiablility/suspensibility (or emulsion stability)................................. (iii) Physical description (e.g. colorless crystals)................................................ (iv) Wettability................................................................................................... (v) Stability/comparability (e.g. hydrolyzed by alkali)..................................... (vi) Spraying/dusting properties......................................................................... (vii)Moisture content......................................................................................... (viii)Melting point.............................................................................................. (ix) Setting point................................................................................................. (x) Boiling point................................................................................................ (xi) Vapour pressure.......................................................................................... (xii)Accelerated storage..................................................................................... (xiii)Flammability, etc....................................................................................... (xiv)Active ingredient by weight/volume........................................................... (xv) Acidity/Alkalinity........................................................................................ (l) Tolerance limits for the characteristics in (k) above (where applicable)................ (m) Estimated quantities of the product marketed during last two years and the current year ......................................................................................................................... 3. Give a summary of the Product’s Toxicology and other side effects: (a) Classification (in accordance with the WHO guidelines)....................................... (b) Dermal and oral mammalian toxicity (LD50)......................................................... (c) Two weeks cumulative mammalian toxicity of the Product.................................. (d) Mean acute dermal and oral toxicity of rat and one other animal species of the product................................................................................................................. (e) Allergeninity of the Pesticide................................................................................ (f) Special side effects on mammals, other organisms and the environment.............. (g) A summary of possible hazards to people and other animal species using treated products............................................................................................................... (h) Publications of the products toxicology................................................................ (i) Residue tolerances data in substances treated with the pesticide where possible internationally accepted levels should be given.................................................... 4. Safety: (a) Recommended precautions in handling the pesticide product............................... (b) Safety interval between treatment of animal or crop and harvest/consumption in both temperate and tropical climates........................................................................... (c) Recommended first aid in case of over exposure or poisoning............................ (d) Recommended treatment after exposure............................................................. 5. Analytical methods: (Supply reprints, photocopies or auntheticated texts) Quantitative determination of the pure active ingredient in technical material formulations and in contaminated biological materials..................................................................................................................... .................................................................................................................................... .................................................................................................................................... 65 .................................................................................................................................... 6. Containers: (a) Type and forms of containers used for storage of the pesticide product..................... (b) Type of packaging used for distribution ................................................................... 7. Biological Data (a) Recommended field of application (mention target pests and crop/animal)................ (b) Suggested methods of applications............................................................................. (c) References of recommended use by authorized bodies in Tanzania............................ (d) Reference of recommended use by authorized bodies outside Tanzania..................... (e) Reference where the product has been used successfully/unsuccessfully showing the dosages applied (metric units).................................................................................... (f) Persistence of the pesticide product in the environment (soil, water, plant and animal products)................................................................................................................... (g) References of pest resistance to the pesticide product................................................ 8. The Label: (a) Appendix six copies of specimen or an exact of the label as it appears on the container or the label itself........................................................................................ (b) Enclose specimens of any extra information pamphlets............................................... 10. Premises (Attach Sketch): Physical address:........................................................................................................ Manufacturing room(s).............................................................................................. Storage of: Technical materials............................................................................... Adjuvants............................................................................................. Finished products................................................................................. Standards............................................................................................. Antidotes............................................................................................. Air and other conditioners......................................................................................... Manufacturing equipment ....................................................................................... Disposal of wastes................................................................................................... 11. Name and Qualifications of the technical staff in charge:..................................... ............................................................................................................................... I/We certify that the information given above is correct to the best of my/our knowledge using the information and scientific data available to me/us. ................................................... ................................................... ........................................... Signature of Authorized Officer(s) Title:.............................................. Date............................................... 66 for.................................................. I/We hereby enclose a cheque for .................................................................................. being the payment of the application fee. Date:..................................... Signature:....................... 67 FOURTH SCHEDULE FORM PART--4 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Pesticides Registration and Control, P.O. Box 9071 Dar es Salaam, Tanzania CERTIFICATE No:....... PESTICIDE REGISTRATION CERTIFICATE (Under regulation 26) (To be filled in Quadruplicate) Category of Registration: .............................................................................................. Common Name: ...................................................................................................... Trade Name: ............................................................................................................. Name and Address of Applicant: ............................................................................. .................................................................................................................................... ...................................................................................................................................... This is to certify that the above mentioned pesticide has been approved and registered for sale or use in Tanzania under the conditions detailed below: .................................... ....................................................................................................................................... ....................................................................................................................................... This Certificate is valid until: (Date).......................(Month)....................(Year).............. Signature:............................ REGISTRAR Dated:................................ 68 FIFTH SCHEDULE FORM PARTS-5 Ref. No......... THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Pesticides Registration and Control, P.O. Box 9071 Dar es Salaam, Tanzania CERTIFICATE OF ANALYSIS (Under regulation 22) (To be filled in Quadruplicate) I hereby declare that I have made a proper analysis of the sample of ......................... ......................................................................................................................................... ........................................................................................................................................... submitted to the Pesticides Registration and Control Analytical Laboratory by.................. ............................................................................................................................................ on (Date).................(Month).....................(Year)....................., the result of the analysis being as follows: ............................................................................................................................................ ............................................................................................................................................ Remarks:............................................................................................................................. ............................................................................................................................................ Name and Signature of Analyst in Charge.............................................................. Designation:...................................................................... Laboratory and Address:................................................... ................................................... Date:.......................................... . 69 SIXTH SCHEDULE FORM BCA-1 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Biological Control Agents Registration and Control P.O. Box 9071 Dar es Salaam, Tanzania FOR OFFICIAL USE ONLY Application No:............................... Date Received:................................. Fees Receipt No:.............................. Date Approved/Rejected:................. APPLICATION FOR A PERMIT TO IMPORT BIOLOGICAL CONTROL AGENT (Under regulation 42) (To be filled in Quadruplicate) I/We ............................................................................................................................... of mailing address........................................................................................................... ....................................................................................................................................... wish to import through the port of .................................................................... from ......................................................................................... biological control of ................................................................................., the under mentioned organism DESCRIPTION OF THE BIOLOGICAL CONTROL AGENT:— 1. Biological control agent Genus, species, author, (or ............): , type (parasitic, predator, etc.): 2. Candidate host (Genus, species, etc.): 3. Host plant of host (Genus, species, etc.): (if already registered) Name of Registrant ............................................................................................. Registration Number .......................................................................................... Registration Date ................................................................................................ Dated:.......................... .............................. Signature of Authorized officer Title:......................................................... For (official stamp)................................... ................................................................. 70 SEVENTH SCHEDULE FORM BCA—2 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Biological Control Agents Registration and Control P.O. Box 9071 Dar es Salaam, Tanzania PERMIT No............................... PERMIT TO IMPORT BIOLOGICAL CONTROL AGENTS (Under regulation 42) (To be filled in Quadruplicate) Permission is hereby granted to M/S .......................................................................... of (mailing address)..................................................................................................... to import through: ..................................................... from ........................................ the undermentioned biological control agent: DESCRIPTION OF THE BIOLOGICAL CONTROL AGENT:— 1. Biological control agent Genus, species, author, (or ............): , type (parasitic, predator, etc.): 2. Candidate host (Genus, species, etc.): 3. Host plant of host (Genus, species, etc.): CONDITIONS OF IMPORTATION:— from Date ..................... Month .............................. Year .......................... to Date ..................... Month ..................................... Year .................................. A receipt No............................................... dated.....................................is herewith attached. Name of Registrant: ....................................................................................................... Registration Certificate No:........................................................................................... Dated......................................................... Signature:................................ Registrar Name of Registrant ............................................................................................. Registration Number .......................................................................................... Registration Date ................................................................................................ • This permit should be made available whenever requested 71 EIGHTH SCHEDULE FORM BCA—3 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Biological Control Agents Registration and Control P.O. Box 9071 Dar es Salaam, Tanzania CERTIFICATE No:....... BIOLOGICAL CONTROL AGENT REGISTRATION CERTIFICATE (Under regulation 44) (To be filled in Quadruplicate) Biological control agent Genus, species, author, (or ............): , type (parasitic, predator, etc.): Name and Address of Applicant: .................................................................................................................................. ................................................................................................................................... .................................................................................................................................... This is to certify that the above mentioned biological control agent has been approved and registered for sale or use in Tanzania under the conditions detailed below:.......................................... ....................................................................................................................................... ....................................................................................................................................... ...................................................................................................................................... This Certificate is valid until: (Date).......................(Month)....................(Year).............. Signature:............................ REGISTRAR Dated:................................ 72 NINTH SCHEDULE FORM PQS-1 Ref. No......... THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P.O. Box 9071 Dar es Salaam, Tanzania APPLICATION FOR PLANT IMPORT PERMIT (Under regulation 48) (To be filled in Quadruplicate) 1. Applicant’s details (a) Name: (b) Address: (c) Address in Tanzania (if different from above): 2. Plant or plant products details: (a) Country of origin: (b) Name of the Plant or plant product— (i) Name of the Plant: Common name: (ii) Botanical name: (c) Purpose of importation (e.g. consumption, propagating, etc) 3. Additional information: (a) Expected port of entry: (b) Expected date of entry (date) (month) (year) Signature of Applicant (Date) (Month (year) FOR OFFICIAL USE ONLY Permit number: Date issued: Validity: Name: Signature: Date: 73 TENTH SCHEDULE FORM No PQS 2 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P.O. Box 9071 Dar es Salaam, Tanzania PLANT IMPORT PERMIT (Under regulation 48) (To be filled in Quadruplicate) Reference No.......... Date........../......./........ Permission is hereby granted to .......................... of .......................................to import through ..................................................................... from ................................ for .................................................................... the undermentioned planting material, subject to the conditions of Importation set out below : DESCRIPTION OF PLANTING MATERIAL : CONDITIONS OF IMPORTATION: This permit is valid until: (date).................(month)....................(Year)................... ....................................................... Inspector -in-charge 74 ELEVENTH SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P.O. Box 9071 Dar es Salaam, Tanzania NOTICE TO MASTERS (Under regulation 13 and 54) TO MASTERS OF OVERSEAS SHIPS OR AIRCRAFT RESTRICTION WHILE IN TANZANIA TERRITORIAL AREA 1. To protect Tanzania from the introduction of exotic plant pests you must comply with various restriction while your ship or aircraft is in Tanzania territorial waters, airspace or land; 2. Responsibility: The ship’s or aircraft’s master is responsible for ensuring that all crew members and passengers comply with quarantine procedures. 3. Plant and plant products being in the form of food or food stuffs of any kind must not be landed in Tanzania, whether temporarily or otherwise, without a written authority of the Inspector-in Charge. 4. Potted plants must not be landed in Tanzania under any circumstances. 5. The ship’s or aircraft’s master shall ensure that all pets if any are secured in a manner and a place approved by the Inspector-in-charge in a custody which is not accessible to visitors, cargo workers or other workers. Dead pests remains shall be disposed according to the instruction of the Inspector-in-charge. 6. Where garbage containers are allowed to be used , whether supplied by the harbour or airport authority, they shall be suitable and securely fitted with lids in a manner which shall not allow any garbage to drop overboard. The subsequent collection and disposal of the garbage shall be in accordance with the directions of the Inspector-in-charge at the port concerned. 7. Motor vehicles or other conveyances vehicles and other equipment intended to be used in Tanzania shall be clean to the satisfaction of the Inspector-in-charge. 8. For quarantine service contact the Inspector-in-charge, Plant Quarantine Services, P.O. Box 9071, Dar es Salaam. Telephone (office hours) (051) 865643. 75 TWELVETH SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P.O. Box 9071 Dar es Salaam, Tanzania ANNOUNCEMENT TO PASSENGERS (Under regulation 54) The purser/captain is required to make the following announcement to disembarking passengers on at least two occasions; “The following is an important message to all transit passengers from the agriculture quarantine authorities. It is strictly prohibited to take ashore any food, fruit, flowers, plants and parts of plants from this ship. Severe penalties exist for breach of quarantine regulations. Your cooperation will be greatly appreciated. “All passengers finally landing are required to complete a quarantine declaration form” PASSENGERS QUARANTINE DECLARATION FORM (Under regulation 55) The Government of Tanzania Plant Protection Services. Welcomes you to Tanzania This is your Customs, Quarantine Statement. This statement may also include your spouse, and any of your children under the age of 18 years accompanying you. Please read it carefully and answer the questions overleaf. A fully completed statement will help speed you through Customs. If you have doubt about your answer to any question please tell the customs Officer at the passport desk. WARNING Declare all drugs, food plant and animal matter you are carrying. penalties for drug and quarantine offences are severe. Giving untrue information to Customs can result in severe penalties and loss of goods 76 Details of Accompanying Articles Value T. Shs. (Questions 1.3 only) Notice: The Plant Quarantine Officer is not permitted to disclose this information, or any supplementary information you give, except according to the law. QUARANTINE STATEMENT Ship/Aircraft Number ...................................................... Arrival .................................. Full Name (PRINT) ....................................................................................................... Persons levered by this statement Myself Wife/Husband Number of children under 18 years of age: ......... 1. Are you bringing into Tanzania any of the following articles:— (i) Food of any kind (including any edible item) ? (ii) Plants or parts of plants, live or dead (including fruits, nuts, seed, bulbs, flower, mushrooms, fungi, straw, bamboo). Wooden article, including carvings, or articles made out of plant material ? (iii) Earth, rock, oil or mineral samples ? (iv) Visited place where farm animals are kept, including farming communities, research farms, sanctuaries and slay yards or an abattoir or meat packing place? 2. Which of the following continents have you visited in the last 7 days (please tick against the name) Yes No North America South America Europe Asia Australia 3. Did you visit or any farming communities, agricultural research institutions or agricultural processing centres? Yes No 4. Are you intending to visit such places while you are in Tanzania?.............. Yes No If the answer to any of the above questions is “YES” please provide details in the space provided overleaf. Please keep this form ready until you clear Customs. Signature ................................. Date .................................. 77 THIRTEENTH SCHEDULE PQS 3 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P.O. Box 9071 Dar es Salaam, Tanzania CONTAINER QUARANTINE DECLARATION (Under regulation 56) (To be filled in Quadruplicate) I .......................................................... (Full name) of ................................................................(Firm) . ..................................................................(Address)........................................................(Country) Containers listed below and the cargo contained therein. Accordingly, I further declare that: All internal surface have been thoroughly swept, vacuumed or otherwise cleaned so that all residues of previous cargo and other foreign material including all living organisms and in particular plant pests were removed prior to loading, or were shipped empty to Tanzania. No prohibited packing material such as straw, rice hulls, used tyres and used sacks has been used in packing the container or its contents. Delete one (a) Timber used as packing and/or dunnage Yes / No (b) Timber free of bark and has been treated Yes / No Type of treatment .......................................................................................................................... Container numbers: .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... This declaration is true and correct. .................................................................. (Signature) .........................................(Date) (Designation) 78 FOURTEENTH SCHEDULE PQS 4 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P.O. Box 9071 Dar es Salaam, Tanzania PHYTOSANITARY CERTIFICATE (Under regulation 53) (To be filled in Quadruplicate) Plant Protection Service of TANZANIA No.......... This is to certify that the plants, parts of plants or plant products described below or representative samples of them were thoroughly examined on ..................... by ............. ............................................. an authorized officer of the Ministry of Agriculture and were found to the best of his/her knowledge to be substantially free from injurious plant pests; *and that consignment is believed to conform with the current phytosanitary regulations of the importing country both as stated in the additional declaration and otherwise. *Fumigation or disinfection treatment: Date ............... Duration of Exposure ........... Treatment ........... Chemical and concentration ..... Additional declaration: The ............................................. Plant Protection Regulations have been observed. ........................... (Signature) .................................. Inspector-in-charge (Official stamp) *Delete as required DESCRIPTION OF CONSIGNMENT Name and address of exporter ................................................................................ Name and address of consignee................................................................................. Number and description of packages ........................................................................ Last country from which shipment was made ......................................................... Distinguishing marks ............................................................................................. Means of conveyance ............Point of entry............................................................. Quantity and name of product ................................................................................. Botanical name ........................................................................................................ • No liability attached to the Plant Protection Division or any of its officers in respect of this certificate. —— 79 FIFTEENTH SCHEDULE —— FORM PQS 5 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection Division Plant Quarantine and Phytosanitary Service P. O. Box 9071 Dar es Salaam, Tanzania (Under regulation 549) (To be filled in Quadruplicate) PLANT AND PLANT PRODUCTS DISPOSAL NOTICE The Government of Tanzania Plant Protection Service. Welcomes you to Tanzania Reference No: Port of Entry: Intercepted material: Identification (e.g. parcel no.) Name and address of the owner or sender: Name: Address: The above described material was intercepted while being imported into Tanzania and it is confirmed or suspected to be contravening Section 13* of the Plant Protection Act of 1997. The material is awaiting the following action: (a) Material confiscate and awaiting destruction; or (b) Material sent to post entry quarantine station; or (b) Material returned to country of origin or sender. Reasons for the above action: (a) Material not authorised entry (Prohibited material); or (b) Material is infested quarantinable plant pests; or (c) Other reasons: Name of Inspector ............................................................................................................... Signature ............................................................... Date ...................................................... Designation ................................................................... Copy to. Custom Officer i/c ................................................................................................ * “13.—(1) Subject to sub-section (2) of this section, anything imported into Tanzania contrary to this Act shall be seized by an inspector, and , at the importer’s expense, be treated, destroyed or other wise dealt with as the inspector thinks fit, or may be taken to a post-entry quarantine station for such further inspection, treatment and disposal as may be required. (2) No inspector shall destroy anything under such-section (1) unless with concurrence of the inspector-in-charge.” 80 SIXTEENTH SCHEDULE THE UNITED REPUBLIC OF TANZANIA MINISTRY OF AGRICULTURE AND COOPERATIVES Plant Protection, P.O. Box 9071 Dar es Salaam, Tanzania FEES TO BE CHARGED FOR PLANT PROTECTION SERVICES (Under Section 42 of the Act and regulation 64) PRE REGISTRATION AND POST REGISTRATION FEES ON PESTICIDES (a) pre-business in plant protection substances approval Service Payable Fee Validity Of Payment Additional Conditions manufacturer US$ 100 annually importer US$ 150 annually distributor/retailer US$ 25 annually commercial operators US$ 50 annually business licensing US$ 50 once (b) plant protection substance registration Service Payable Fee Validity Of Payment Additional Conditions experimental US$ 1000 only once provisional US$ 1500 per registration period full registration and renewal US$ 1000 per registration period re-registration US$ 5000 application for registration (c) analysis laboratory minimum of US$ 150 per sample field testing minimum of US$ 2000 per product Fees On Plant and Plant Products Import, Export and Control and Post-Entry Control (a) import certification and treatment Service Payable Fee Validity Of Payment Additional Conditions import permit US$ 5 per consignment inspection if consignment is 1 ton or less US$ 2 per consignment if more than 1 ton but US$ 2 + (No. of per consignment 81 less than 1000 tons tones x US$ 0.2) if more than 1000 tones US$ 202 + (No. of tones x US$ 0.1) per consignment treatment supervision minimum of US$ 100 per consignment may be more, depending on the treatment cost import certification US$ 2 per consignment (b) export certification and treatment supervision Service Payable Fee Validity Of Payment Additional Conditions phytosanitary certificate US$ 15 per consignment inspection if consignment is 1 ton or less US$ 2 per consignment if more than 1 ton but less than 1000 tons US$ 2 + (No. of tones x US$ 0.2) per consignment if more than 1000 tones US$ 202 + (No. of tones x US$ 0.1) per consignment treatment supervision minimum of US$ 1000 per consignment may be more, depending on the treatment cost (c) post entry quarantine and treatment supervision Service Payable Fee Validity Of Payment Additional Conditions at the station minimum of US$ 100 per consignment may be more, depending on the screening and treatment costs open quarantine minimum of US$ 100 per consignment may be more, depending on the screening and treatment costs (d) conveyances Service Payable Fee Validity Of Payment Additional Conditions inspection US$ 2 per consignment treatment supervision minimum of US$ 100 may be more, depending on the treatment cost certification US$ 2 per consignment 82 Fees On Necessary Services Connected With Plant Protection Services Service Payable Fee Validity Of Payment Additional Conditions Field inspection and traveling costs field inspection during active growth minimum of US$ 20 per assignment traveling US$ 10 for distances within 10 Km 10 US$ + 0.5 for each additional km Destruction of materials US $ 20 per consignment may be more, depending on the destruction cost training per trainee fee to be determined according to the cost of the course required plant protection extension services per farmer fee to be determined according to the cost of the course required