Standards (Tested Products) Regulations of 2009 (G.N. No. 404 of 2009)

  3.-( 1) The Director General may in his absolute discretion issue, in Director General   appropriate cases, a Tested Product Certificate in respect of any to issue Tested   product for which he is satisfied that the product complies with all the Product   Certificate conditions for issuance of the certificate by the Bureau.     (2) A Tested Product Certificate may only be issued to an applicant     who satisfies the Bureau that he is a producer of goods complying   with the appropriate requirements as defined by the product   specification and recognized by the Bureau.      

  4.-(1) A manufacturer or a dealer of a product who wants to obtain a Procedure for   Tested Product Certificate may apply on a prescribed form to the obtaining a   Director General and the application shall be accompanied by a fee Tested Product   Certificate   and inspection charges as laid down in the Schedule to these     Regulations.         (2) The manufacturer or the dealer of a product shall submit to the         Bureau a copy of the product specification including reference to     national or international standards used as a basis for the specification.         (3) Separate applications shall be made where products are covered by         different standards.         (4) The Bureau shall check the specifications submitted as to their       suitability for approval.           (5) The Bureau shall, after checking the specification, arrange for a   pre-certificate assessment of the factory and collect samples for   testing against the requirements of the specification.       (6) A draft scheme of inspection and test which specifies the quality   control procedures which the applicant is required to maintain and   hold a Tested Product Certificate will be prepared by the Bureau and   communicated to the firm.  

  5. A Tested Product Certificate shall be granted only when:- Condition for     (a) the specification has been approved by the Bureau; issue of a Tested Product   Certificate   (b) the applicant agrees to the scheme of inspection and test (SIT)     and is able to implement its requirements;             (c) the samples are found to conform to product specification;           2     Standards (Tested Products) G N. No. 404 (contd.)     (d) the relevant fees have been paid as specified in the schedule of         fees structure as shown in the Schedule; and         (e) the Tested Product Certificate shall be in a form prescribed in the     Schedule.           Director General 6.-(1) Where the Director General, after considering an application   to give a hearing made in terms of sub regulation 4(1) of these Regulations refuses to   where he refuses issue to a manufacturer or dealer of product a Tested Product   to issue a Tested   Product Certificate he shall inform him of his decision, and where the   Certificate applicant intends to make any representation to the Director General,     he may do so within one month of being informed of the decision.             (2) Where the Director General is informed that an applicant whose     application has been refused intends to make representations, he shall,     within three months, arrange for a meeting whereby he shall give the         applicant an opportunity to make his presentation.         (3) The Director General shall give a fourteen days notice of the time,       date and place of any meeting to be held in terms of sub-regulation   (2).             (4) After hearing any representation which may be made by an       applicant on his behalf, the Director General shall decide the matter   and his decision shall be final.           The Bureau to 7. The Bureau shall carry out surveillance inspections to ensure that   inspect regularly   the conditions of the certificate are being implemented and such       inspections may be carried out without prior notice.       Certificate may 8. A certificate may be terminated by a certificate holder upon giving   be terminated   one month's notice.         Certificate 9. A certificate holder shall:- holder to   comply with   conditions   (a) at all times comply with the scheme of inspection and test       appropriate to the certificate, which shall have been determined by     the Bureau;     (b) pay:-       (i) an annual fee for each certificate granted;   (ii) additional fees for inspection, testing, supervision and   administration, such as shall from time to time be determined by the     Bureau to be fair and appropriate to a particular scheme of inspection     3     Standards (Tested Products) G N. No. 404 (contd.)     and test having regard to the Bureau's costs relating to the efficient         running of the schemes;   (c) discontinue any form of statement with reference to the authority     of the certificate holder which is in the opinion of the Bureau to be     misleading;           (d) supply annually, evidence that the scheme of inspection and test     has been duly carried out; that the agreed records have been kept, and     that the certificate holder has complied with the conditions of the         certificate;       (e) upon the termination of the certificate (however determined)     forthwith, discontinue any advertising that makes reference to the         certificate;         (f) undertake to replace or restore or refund the value of any goods     which are defective within the meaning of the certificate; and           (g) grant inspectors of the Bureau access to the manufacturing or     testing premises at all reasonable times for the purposes of     surveillance inspection and sample collection, and inform the Bureau       of any periods of prolonged closure or shut-down.      

  10. A register of certificate holders shall be kept by the Director Director General   General and shall be open to inspection by the public. to keep register    

  11. Any notice or other communication required to be sent or sent Communication under these Regulations by the Bureau shall be deemed to be duly to be deemed to given or sent if sent by post to the address of the certificate holder have been given     known to the Bureau and shall be deemed to be given at the time when   the same would have been delivered in the ordinary course of post.                               4     Standards (Tested Products) G N. No. 404 (contd.)   SCHEDULE                                                                                                                                                                                                                                                                                                                                  FO2/CER/001   TANZANIA BUREAU OF STANDARDS APPLICATION FOR TESTED PRODUCT CERTIFICATE Name of firm...................................................................................................................................... Address.............................................................................................................................................. Address of factory (ies) if different from above............................................................................... Contact Person..................................................Position.................................................................... Description of product including model or type: ............................................................................................................................................................ ............................................................................................................................................................ ............................................................................................................................................................ ............................................................................................................................................................ ............................................................................................................................................................ *A copy of the product specification is to be attached. Details of approvals granted by other authorities: …………………………………………………………………………............................................ ............................................................................................................................................................ ............................................................................................................................................................ ............................................................................................................................................................ 5     Standards (Tested Products) G N. No. 404 (contd.)   I hereby undertake: (a) To conform to the regulations of the use of the Tested Product Certificate and the requirements of the basic scheme of Inspection and Test. (b) To pay all costs connected with assessment, testing and administration in the pre-certificate stage, irrespective of the eventual granting of a certificate. Note: 1) This application is valid for a maximum period of three months from the date of receipt. 2) Testing and inspection may be subcontracted. Enclosed cheque number, ………………………........Amount ………………………................... Date..………………………….. Signature ……………………………………………................. *Product specification may be an existing published National, International, Foreign or Company Standard. FEES STRUCTURE FOR TESTED PRODUCT CERTIFICATION SCHEME

1. A non-refundable application fee payable upon filling the application form.

2. Pre-certificate inspection fees covering transport, board and lodging costs for inspector. This varies depending on factory location.

3. Testing fees for the pre-certificate sample. This varies depending on type of product.

4. Annual certificate fees covering transport accommodation, inspection costs, purchase of market samples, testing fees for surveillance samples and third party certification guarantee fees. 6     Standards (Tested Products) G N. No. 404 (contd.)   TANZANIA BUREAU OF STANDARDS SHIRIKA LA VIWANGO TANZANIA P O Box 9524 Dar es Salaam Telephone 2450206/2450949/2450298 Telefax: 2450959 Email: info@tbstz.org TESTED PRODUCT CERTIFICATE No. This certificate relates to: ………………………………………………………………………...... Manufactured by: …………………………………………………………………………….......... ……………………………………………………………………………........... This certifies that..........................................manufactured by.......................................................... has been tested by the Tanzania Bureau of Standards, TBS and found to comply with the specification as detailed in the second part of this certificate. Furthermore that this product is manufactured in accordance with a quality control system acceptable to TBS. The company shall be permitted to use the above certificate number in relation to the tested product in a manner acceptable to TBS. TBS shall carry out regular surveillance visits to the manufacturing site for the selection of samples for independent test and to ensure that the approved quality control system is in operation. The TBS Regulations for Tested Products: Government Notice No. 404 published on 25/12/2009 are applicable to this certificate. …………………………………. ………………………. Signed for the Manufacturer Signed for TBS Date: ………………………….. Date: ……………… Dar es Salaam, MARY M. NAGU ………….., 2009 Minister for Industry, Trade and Marketing 7