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Portable Spirits (Compounding) Act

Chapter 390

Citation
Chapter 390
Date
31 July 2002
Language
English
Type
Act
Tanzania

Portable Spirits (Compounding) Act

Chapter 390

  • Published in Tanzania Government Gazette
  • Commenced on 27 December 1963
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
[Acts Nos. 57 of 1963; 58 of 1964; R.L. Cap. 539]An Act to control the compounding of potable spirits.

1. Short title

This Act may be cited as the Potable Spirits (Compounding) Act.

2. Interpretation

In this Act, unless the context requires otherwise–"denatured spirits" means spirits mixed with any substance so as to render the mixture unfit, and incapable of being readily converted so as to be fit for human consumption as a beverage;"licensing officer" means a person appointed under section 3 to be a licensing officer for the purposes of this Act;"Minister" means the Minister responsible for finance;"spirits" means spirits of any description and includes all mixtures, compounds or preparations made with spirits, but does not include any denatured spirits;"to compound spirits" means to communicate any flavour to, or to mix any ingredient or material with, spirits, but not so as to denature the spirits.

3. Appointment of licensing officers

(1)The Minister may appoint any person to be a licensing officer and a collector of revenue for purposes of this Act either for the whole or any part of Tanzania.
(2)Every appointment made under subsection (1) shall be notified in the Gazette.

4. Offence to compound spirits without a licence

Any person who, for profit or sale, compounds spirits otherwise than under and in accordance with a licence issued under section 5, shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a period not exceeding twelve months or to both the fine and imprisonment:Provided that nothing in this section shall apply to the bona fide compounding of spirits–
(a)upon any premises licensed under the Intoxicating Liquors Act 1, by the licensee, for the lawful sale thereof for consumption on those premises;1Cap. 77
(b)in any canteen, club, institute, mess or similar institution not conducted by a private individual for personal profit, for the lawful sale thereof to the members only of such canteen, club, institute, mess or similar institution, for consumption therein;
(c)in any vessel in territorial waters, or in any aircraft, for the lawful sale thereof to any passenger on or officer or member of the crew of such vessel or aircraft, for consumption therein;
(d)in the course of the lawful preparation or administration of medicine by a medical practitioner registered or licensed under the Medical Practitioners and Dentists Act 2, a Veterinary Surgeon registered or licensed under the Veterinary Surgeons Act 3, or a Pharmacist registered under the Pharmaceuticals and Poisons Act 4;2Cap. 1523Cap. 3194Cap. 219
(e)authorised under the Customs (Management and Tariff) Act 5; or5Cap. 146
(f)in any circumstances or in any particular case or for any purpose where an exemption from the provisions of this section has been granted in writing by a licensing officer.

5. Issue of licences

Upon application being made to him in that behalf, a licensing officer may in his discretion issue a licence to compound spirits on such terms and subject to such conditions, including the specification of formulae, as he may think fit.

6. Regulations

The Minister may make regulations–
(a)prescribing the form of licences issued under this Act and the fees to be paid therefor and providing for the duration and cancellation thereof; and
(b)generally for the better carrying out of the provisions of this Act.
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History of this document

31 July 2002 this version
Consolidation
27 December 1963
Commenced

Cited documents 5

Act 4
1. Pharmaceutical and Poisons Act 31 citations
2. Intoxicating Liquors Act 9 citations
3. Veterinary Surgeons Act 8 citations
4. Marine Parks and Reserves Act 7 citations

Documents citing this one 1

Law Reform Report 1
1. Designated Legislation in the Nyalali Commission Report

Subsidiary legislation

Title Numbered title
Potable Spirits (Compounding) Regulations, 1964 Government Notice 211 of 1964