Tanzania
Pharmaceutical and Poisons Act
Chapter 219
- Published in Tanzania Government Gazette
- Commenced on 1 March 1979
- [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.]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Pharmaceutical and Poisons Act.2. Interpretation
Part II – Pharmacy (ss. 3-19)
The Pharmacy Board and registration of pharmacists (ss. 3-14)
3. Establishment of Board
4. Functions of Board
Subject to this Act, the functions of the Board shall be—5. Power of Board to cancel or suspend registration
6. Appointment and functions of Registrar
7. Register of pharmacists
8. Qualifications for registration
9. Provisional registration
10. Temporary registration
11. Certificate of registration
12. Publication of registered particulars and lists of pharmacists
13. Publication sufficient evidence of registration
14. Registrar may call for information
The Registrar shall, if instructed by the Board, and may, if he considers it necessary for the furtherance of the objects and purposes of this Act, require any pharmacist or other person, by a registered letter sent to the last known address of the pharmacist or the other person, to furnish any information relating to his practice or business as a pharmacist or any other matter, which may be specified in the letter.Restriction on activities of pharmacists (ss. 15-19)
15. Restriction on use of certain titles
16. Bodies of persons operating as pharmacists
17. Definition of "carrying on business" or "practising as pharmacist"
For the purposes of this Act, a person shall be deemed to be carrying on business or practising as a pharmacist if, for a fee, reward or other valuable consideration, he offers or renders the services ordinarily offered or rendered by persons recognised as skilled in the science and art of preserving pharmaceutical and of compounding and dispensing medicines according to prescriptions of physicians.18. Restriction on directions by Board
19. Control of recruitment and activities of medical representatives
Part III – Manufacture of pharmaceutical (ss. 20-24)
Licensing of manufacturers (ss. 20-22)
20. Restriction on manufacture of pharmaceuticals
21. Register of manufacturers of pharmaceutical
As soon as practicable after the Board has accepted an application by a person for a licence to manufacture pharmaceutical, the Registrar shall enter in a register in relation to that person such particulars as the Board may, from time to time, direct.22. Application for and grant of licence to manufacture pharmaceutical
Registration of premises (ss. 23-24)
23. Registration of premises for manufacture of pharmaceutical and for other business of pharmacists
24. Application for registration
Part IV – Dealings in pharmaceuticals and poisons (ss. 25-51)
Composition of pharmaceutical (ss. 25-27)
25. Regulations regarding the composition of pharmaceutical
26. Prohibition on preparation and sale of adulterated pharmaceutical
27. General protection for purchasers of pharmaceutical
Pharmaceutical unfit for use by man (ss. 28-29)
28. Offences regarding sale of pharmaceutical unfit for use by man
29. Pharmaceutical offered as prizes
Importation of pharmaceutical (ss. 30-32)
30. Restriction on importation of pharmaceutical, etc.
31. Application and conditions for registration
32. Publication of registered particulars of importers of pharmaceutical
The Registrar shall, at least once in each year, publish in the Gazette the particulars in respect of every person registered under section 30.Poisons (ss. 33-46)
33. List of poisons for purposes of Act
34. Conditions for pharmacist to become authorised seller of poisons
A pharmacist carrying on business comprising the retail sale of pharmaceutical shall be an authorised seller of poisons within the meaning of this Act if—35. Conditions for body corporate to become authorised seller of poisons
36. List of shops and pharmacists in charge
37. Possession of Part I poisons prohibited in certain cases
38. Wholesale dealer's licence
39. Licence to deal in poisons for mining, agricultural or horticultural purposes
40. Power to sell Part I poisons
41. Poisons Book
42. Supply and dispensing of Part I poisons by doctors and hospitals
43. Licence to sell Part II poisons
44. Power to sell Part II poisons
45. Poisons not to be sold in automatic machines
46. Disposal of stocks by disentitled persons
Labelling and advertisement (ss. 47-51)
47. Labelling of containers
48. Labelling of articles containing medicine
49. Prohibition of advertisements as to certain diseases
50. Prohibition of advertisements as to abortion
Subject to this Act, no person shall take any part in the publication of any advertisement referring to any pharmaceutical product, appliance or article of any description, in terms which are calculated to lead to the use of that product, appliance or article for procuring miscarriage by women.51. False labelling and advertisement
Part V – Enforcement and legal proceedings (ss. 52-67)
Sampling and analysis (ss. 52-55)
52. Power to take samples
53. Right to have sample analysed
54. Provisions regarding the taking of samples for analysis
55. Where division of sample into parts impracticable
Where an inspector procures a sample consisting of a pharmaceutical product or substance contained in unopened packages and the division into parts of the pharmaceutical product or substance in the packages—Enforcement (ss. 56-58)
56. Appointment of inspectors
57. Power of inspectors
58. Power to prohibit or control certain medicines
Legal proceedings (ss. 59-67)
59. Certificate of analysis
60. Evidence of analysis
61. Presumptions
62. When warranty may be pleaded as defence
63. Offences in relation to warranties or certificates of analysis
64. Recovery of expenses incidental to taking of samples
65. Forfeiture
66. Appeals
67. Right to carry on business pending appeal
When a decision of the Board or of a court in any proceedings of or an offence under this Act, makes it unlawful for a person to carry on any business which he was lawfully carrying on at the date when that decision was given or to use any premises for any purpose for which he was lawfully using them at that date, he may carry on that business and use the premises for that purpose until the time for appealing has expired, and if any appeal is lodged, until the appeal is finally disposed of or abandoned or withdrawn.Part VI – Miscellaneous provisions (ss. 68-73)
68. Substances used in local system of therapeutics
69. Liability of members of Board
No matter or thing done by any member of the Board, the Registrar, an inspector or any other person empowered to perform any function under this Act shall, if done in good faith in execution or purported execution of his function under this Act, render the member, the Registrar, the inspector or that other person personally liable for the matter or thing concerned.70. Power to delegate
The Minister may, by order in the Gazette, empower the Board to delegate to any of its members or to the Registrar any function conferred upon the Board by this Act.71. Regulations
72. By-laws by Board
73. General penalty
Part VII – Repeal and consequential provisions (ss. 74-76)
74. Repeal of R.L. Caps. 93 and 416
75. Savings
Notwithstanding the repeal of the Food and Drugs Ordinance12 as it relates to pharmaceuticals, and that of the Pharmacy and Poisons Ordinance—1376. Transitional provisions
Notwithstanding any provision in this Act to the contrary, the Minister may, on the recommendation of the Board and upon being satisfied that special circumstances exist which make it just and equitable to do so, permit any person who was licensed, registered or permitted in any other way under the Food and Drugs Ordinance14 or the Pharmacy and Poisons Ordinance15 to deal in any manner with or in connection with pharmaceutical or poisons to continue doing so after the appointed day, upon conditions determined by the Minister.History of this document
31 July 2002 this version
Consolidation
01 March 1979
Commenced
Cited documents 2
Legislation 2
1. | Medical Practitioners and Dentists Act | 12 citations |
2. | Mzumbe University Act | 4 citations |
Documents citing this one 4
Legislation 3
Judgment 1
1. | Magesa S/O Mjunja vs Republic [1986] TZHC 28 (12 December 1986) |