Pyrethrum Regulations (No. 714 of 1997)

Supplement No. 44 SUBSIDIARY LEGISLA TION ISSN 0856-034X rh November, 1997 Printed bv Ihl.' (;U\"\..'II1I1\\..'111 Prnuc-r . I r.u \,..... S;t1;I:lI1l. hy (hdl'l (II Guvcrumcn! (;m'IIC"\II:>;1 Noi n: No, 71~ published Oil 7/11N7 rur: TANZANIA PYRETJIRUM BOARD ACT, 1997 (No, I OF (1)<)7) REGULATIONS PART I PI<L:I,I M INA I<Y I. These Regulations may be cited as the Pyrethrum Regulations, IlJ97. 2. In these Regulations unless the context requires otherwise "the Act means the Tanzania Pyrethrum Act. 1997; "Board" means the Tanzania Pyrethrum Board established under section J of the Act; "grower" means a person or group of persons registered by the Board for the purpose of growing pyrethrum; "member growers" means an individual farmer cultivating pyrethrum under growers' registration; "Minister" means the Minister responsible for Agriculture; "pyrethrum buyers" means any person or group of person buying pyret hrum at the marketing centre domestic or export market and it includes any person or group of persons buying pyrethrum from the growers and transporting it to processing factory processing or for resale; "pyrethrum grower" means owner or 'occupin of land for the purpose of growing pyrethrum for business. ornamental. medical or any other purpose; "pyrethrum inspector" mea'ls the Commissioner for Agriculture or any other officer authorized by the Commissioner (as may he advised by the Board) to act as an inspector approved by the Minister by notice in the (;1/Z('lIc: PART II PYI<I' IIll<l'\1 Cl ~I,IIV1\1'1<>N J.-( I) Every pyrethrum grown shall be registered by the Board anc issued with a grower's registration number. Title Intcrpre tat ion Act No. I of 1'J'J7 All grow· ers III he rL'g.i~t\..·rL'll Pyrethrum Regulations G.N. No. 7J.1lcontd.) (2) The grower's registration number shall he quoted by the growe in all dealings with the Board. (3) Prior to registration the grower shall provide the following infor mation to the Board (a) full name of individual grower and in case of the primary society, association or company the names of individual member growers: (b) the area to be put under production in that year of registration; (c) ability of the gro.... cr to purchase production inputs or estimated financial support to be obtained from fin.i.rcial institutions, donors or contract buyers. De-regist ration of growers and pro I:CSsors Pyret hrum til be grown by regis tered growers Ohliga tion of rc gistcrcd growers. processor Registru tion 01 procev sing fill: tory Growcrllr processor til adhere til 4.-( I) The Board shall strike out the register-s (a) any grower or processor who fails without reasonable cause or otherwise is incapable of adhering to these Regulations; (b) any grower or processor who desires to withdraw his registration after giving notice of his intention to do so. 5. No person shall grow pyrethrum unless he has been registered by the Board. 6. Any registered grower or processor shall he assumed to be a per manent grower or processor and shall furnish to the Registrar informa tion on production and processing estimates every first day of July in every year before the farming season. 7. No processing factory shall he registered unless the following par 'iculars have been submitted to the Board (a) name of the factory; (b) processing capacity of the factory; (c) actual production of the factory; (d) number and area of warehouse; (e) factory's processing standards: (f) goods transport facilities, and (g) number and quality of skilled, semi-skilled and non-skilled work ers. 8. Any registered grower or processor shall endeavour to adhere to all laws pertaining to growing, processing and marketing of pyrethrum. 1'i22 Pyrethrum Regulations c.«. Ntl. 7/-1 ktll/',(J 9.-(1) Every pyrethrum grower shall keep his field clear of all types of weeds according to pyrethrum growing rules and as may be directed by the Board from time to time. (2) No grower of pyrethrum shall remove or destroy from his farm any pyrethrum seedlings or plants without thc prior approval of the Board. (3) Any person who removes or destroys pyrethrum seedlings or plants shall be guilty of an offence and shall on conviction be liable to a fine not exceeding shillings one hundred thousands or to imprisonment for a term not exceeding two years to both such fine and imprisonment. 10.-( I) No poerson shall (a) import. breed, or multiply pyrethrum seeds plants. for any pur pose unless permitted in writing by the Board; (b) sow pyrethrum seeds which have not been certified by the Com missioner of Agriculture or an authorised officer; (c) grow any pyrethrum in any area or region other than the areas or regions specillied by the Ministry. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence. and shall. on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment, 11.-(1) Every pyrethrum grower shall pick only ripe flowers every after two weeks leaving buds and over blown flowers. (2) The picked flowers shall be dried according to the following pro cedures. namely (a) sun-drying the flowers using coffee tray wires; and (b) burn drying in specific temperatures such as not to denature the pyrethrenes; and (c) no pyrethrum shall be dried by roasting or spreading on bare ground, (3) It is prohibited to pick unripe or overbrown flowers and if picked. such flowers shall not be sold at the buying centre. (4) Dried pyrethrum flowers shall not be mixed with any foreign materials. 12.-(1) Only nematodes free plants shall be planted in an area not previously grown pyrethrum for at least four years. (2) All pyrethrum plants and remains in-infested with nematodes shall be uprooted and burnt or otherwise disposed of to the satisfaction of the inspector. (3) Pyrethrum fields .shall be uprooted every fourth year to the satis faction of the inspector. (4) Cleaned fields shall be replanted with new materials. 1523 ('Iearam:e 01" pyrct hrum wecll\ Rc\uic lion III pyrct hrum or ..eel.! im f!urtatilln tlfecding and mul liplicali lln Only ripe Iluwer III be picked Control of nemubod c\ I~-"r('t"runt R(',~ulut ions c. N. Nil. 71-1(1"011/11.) ( 'orn III is siom-r muv dc d;lI:l' qtlaran lincd arl'a Sanitary measures Rcstric lion 10 pyrci hrum agro chemicals Buyer 10 obtain permit and huv ing liccnce 13.-( I) The Commissioner may. if he considers it necessary for the purpose of preventing the outbreak or spread of any pyrethrum inspect pest or disease, by order under his hand, declare any ,irea to he a pyrethrum quarantined area and may in any such order (a) prohibit or regulate the sowing in such area of pyrethrum seed or any other crop specified in the order known to harbour inspect pests or diseases of pyrethrum; (b) prohibit the removal from such area without a permit in writing issued by the Commissioner of any raw pyrethrum or pyrethrum seed or any article which has contained any raw pyrethrum or pyrethrum seed or any article which in his opinion is likely to harbour inspect pl'StS or disease of pyrethrum. (2) The Commissioner or the Senior Agricultural Officer, may by notice in writing require any person within the time specified in such notice to remove to any place or to destroy any (pyrethrum) seed or pyrethrum refuse in his possession or control in such pyrethrum quanran tined area, and where any such' person fails to comply with any such notice the Commissioner may require the Board on giving not less than seven days notice in writing of its intention so to do, cause such removal or destruction to he effected and thereupon such person shall without prejudice " to any penalty with the Board may have incurred by reasonof silch failure, he liable to pay all the costs of such untertaking which shall be recoverable as a debt due to the Board. (3) If any person contravenes or fails to comply with any provision of anv order or notice made or issued under this rcuulation shall be guilty· of an offence and shall under this rcgulation sh,;11 he guilty of an offence and shall be liable on conviction to a line not exceeding one hundred thousand shillings or to six months imprisonment or to both such fine and imprisonment. 14. All pyrethrum shall he stored only in weather proof buildings of sound construction approved hy the inspector for the purpose. 15. Pyrethrum agro-cbcmicals such as fertilizer. pesticides and fun gicides shall not be used without the approval of the Board or any authorised pcrson .. PART III MARKl'rtN(j PR()('!'Dl'lU:s 16.--( 1) Any buyer of pyrethrum from the field -.;hall obtain a buying permit from the Regional Authority. (2) The pyrethrum buyer who has oluaincd a permit shall apply and secure a buying licence fro 111 the Board prior to purchasing any pyrethrum provided that the application Iorrn for licence shall he accompanied hy a non-refundable application tee. I:,2-l (i . .\'. XII. 7/.1 ,p"lIrI.1 l'vrctlmun UC'P,lt!III;III1\ ~--------~--:----::-:-:---: 17, Both the application and the lin:Il~'~' ... hall contuin or the lollowing information (a) name of the buvcr: (b) area of operation: (c) the financial ahilirv of the buyer endorsed by reputable banks or tinancial institutions: and (d) continuation from the h;\I11-;-., that Iin.mcc I'm buying the copy volume is guaranteed, Particu lars appli cation and licence IS, Every pyrethrum buyer shall be 11hliged to produce the buying licence at any rime at the rcquc ... t.of the inspector. Buyer to produce licence when rc 'Iue...t,'d 19.--( I) The Board shall announce the prcvailiug world prices of pyrethrum and pyrethrum product- and indicative prices to be offered to growers. (2) Any person who oh ... truct- ;IIIY llflkl.'r 1;l\vfull~· performing his duties under thi ... regulation or rclu ... l.· ... "'lIl'il'lrlin:r pcrmis...ion to exercise such power. or tails 10 Cll- opcr.uc wuh xuch officer in .thc exercise by such olliccrs duties ... hall be ~lIilt~ ofnn ol'Icncc. (.1) The buyer Ill' any huycr... rcprc ...curativc shall prior til buying the pyrethrum tlowcrs inspect the 11I1\\l.'r.... ' (-l) If the buyer or hi... rcprc ...cnuuivc is 111-.1 ...ali ... tied with the quality of the pyrethrum flowers may reject III huy the flowcrx. (5) Poor qualitv pyrcthrum Ilowcrx m;IY he destroyed or rejected from the marketing cc ntrc by an authorised linker. (6) Every buyer shall purchase pyrethrum in designated area or mar ket centre] s) only, (7) Every buyer shall produce w~'ekly report to the Board showing (a) weekly purchases and deliveries of pyrethrum to the r.rocessing Iactorv: and (h) producer prices offered, (1") All pyrethrum tlowcrx ... hall he produced in Tanzania. 20, No person shall export dried pyrethrum flowers. LIllard \II am.ounce pricc-, ~O export "I' dried ilowcrs 21. All weighing scales at the huying centres and at the fal;tory shall be serviced and inspected and verified 11\ the Board for a fcc before the commencement or the buyi'ng season. 22,·-( I) Every bak shall he weighed in presence ill' the buyer and the grower and the 'ight shall he marked on the side '01' the hale. :\11wciuh il1~~ ~c.~h:s III he scr viccd W,·j~hin~ pn'cedurc' Pvrethriun Uc,!!,,,/aliom u. v. v». -:Of.J , ....1/1,'./ (2) The actual weight to he recorded on the hnlc shall have one and half kilograms of packing materials deducted. (3) The Board shall determine the unit weight and the types of bagging material in which dried pyrethrum flowers shall he transported. (4) The buyer shall transport to the factory the-dried pyrethrum Row ers within one month from the date of purchase uhing hox body vehicles or otherwise covered hy tarpaulin. I'\T~'I­ hrum hu,,:r' tt. lI'~ bulc lid,cl' ( 'crtitlcd pyrcI hrum ,:clis owncd bv Bllarli . nllard II. r""r"','111 f.!0\.:rn.. mcnl 1)lIw~'rs "r a P~TCt· hrum In SI'll:~'llIr ~3. All pyrethrum buyers shall use similar ball' rickets and pur~hase contract notes consignments as primary business documents as designed hy the Board. ~4, The Board shall own pyrethrum seed farms multiply and certify pyrethrum seeds for release to farmers. 25. The Board shall represent the government in all international form in meetings dealing with pyrethrum products or other related mat ters. PART IV P'rIU' rllRt:1\I hSI'H TllRS ~6.-( I) The Board shall have power to appoint lit and proper persons to he pyrethrum inspectors who shall have and exercise powers generally to supervise the arrangements for the purchase an~1 export of pyrethrum and pyrethrum products. and who shall have ;lI~d exercise such other powers including the inspection of pyrethrum plants, pyrethrum pre mises. the taking of samples, and the certifying elf weight and qualities of pyrethrum products in the urea provided for in these Regulations or as may he prescribed. (2) If the grower or owner of pyrethrum premises fails to comply with the aforesaid directive of the inspector, the pyr~thrulll inspector may on giving not less than 14 days notice in writing pI' his intention to do so cause anv such measures as aforesaid to be taken hv himself. his agents or contractor and for the purpose of takin~ such measures may enter or cause his agents or contractors to enter IUp on the pyrethrum premises as may he necessary for the said purposC\: and thereupon such person shall without prejudice to any penalty which he has incurred through such failure he liable to pay all the costs of such undertaking which shall he recoverable as a debt due to the Board. 1526 1'.\'/'('11, ru III R('gil lat i(JIll' r, .\' v., 27.-( I) any person owning, occupying or having control of pyret hrum premises shall comply with any directive issued by the pyrethrum inspector or any other authorised officer for the eradication. reduction or prevention of the spread of a pest or disease of pyrethrum which such inspector may by notice in writing order him to take. including the immediate destruction of pyrethrum plants. or seed or other products liable to he infected by disease or pest of pyrethrum whether or not the same arc infected with a disease or pest of pyrethrum. 2X. No person shall deal in pyrethrum products or by-products unless registered by the Board upon such terms and conditions as the Board may deem fit. PART V LICENCES AND FEES 29. The Board shall issue or otherwise revoke licences to pyrethrum dealers. pyrethrum exporters and pyrethrum importers for the purpose of regulating production. importation and marketing of pyrethrum in the country. 30. Subject to the approval of the Minister. every pyrethrum grower, buyer. exporter or processor shall pay to the Board a fcc to he prescrihed hy the Board from time to time calculated per kilogramme dealt in for the purpose of financing research and regulatory functions of the Board. 31. Every dealer in pyrethrum shall abide by all by-laws including the payment of cess issued to the relevant local government authority. 1527 7/1 (I fill It! , J Owners of prcmiscv to abide hy all di rective, to eradicate diseases etc. Dealers in pyret· hrum by products \0 he re gistered Board to issue, sus pend or revoke li cences Pyret hrum dealers to finance Board's activities Pyret hrum dealers to abide to the by laws Stlle~ Tux (U('",i.u;ol/) (II/(III.\/ri(/l Generators) (i..\' . .Vo. 714 uonu], J PART VI Pcnaltv fur ';10 travcning regula tions GJ:~n~,,1. PE""I.TV 32. Any person who contravenes any of these regulations where a penalty hal> not be en providedshall he guilty of an offence and shall on conviction he liable to a tine not exceeding one hundred thousand shil lings or imprisonment for a term not exceeding two years. In addition to such a line or imprisonment the Board may then exercise its power to revoke 01 -uspcnd a pyrethrum huying. licence. Iringa. 2lJ September. 1·}ln Chairman ............................................................................................. I APPROVE Dar cs Salaam. Znd October, IW7 P. P. KIMITI. Minister for Agriculture and Co-operatives