This Act was repealed on 2021-02-01 by Plant Health Act, 2020.
Tropical Pesticides Research Institute Act
Tanzania
Tropical Pesticides Research Institute Act
Chapter 161
- Published in Tanzania Government Gazette
- Commenced on 1 February 1980
- [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.]
- [Repealed by Plant Health Act, 2020 (Act 4 of 2020) on 1 February 2021]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Tropical Pesticides Research Institute Act.2. Interpretation
In this Act, unless the context requires otherwise—"analyst" means any person appointed as an analyst under section 21;"Council" means the Council of the institute established under section 6(2);"Director" means the Director of the Institute appointed under section 8(1);"export" means to be taken or cause to be taken out of the United Republic;"financial year" means any period not exceeding twelve consecutive months designated in that behalf by the Council:Provided that the first financial year after the commencement of this Act shall commence on the date of commencement of this Act and may be of a period longer or shorter than twelve months;"import" means to bring or cause to be brought into the United Republic;"inspector" means any person appointed as an inspector under section 21;"Institute" means the Tropical Pesticides Research Institute established by section 3;"member" in relation to the Council means a member of the Council and includes the Chairman and the Vice Chairman;"Minister" means the Minister responsible for Agriculture;"pesticide" means any matter of any description (including acaricides, arboricides, herbicides, insecticides, fungicides, molluscicides, nematicides, hormonal sprays and defoliants) used or intended to be used, either alone or together with other material or substance—(a)for the control of weeds, pests and disease in plants; or(b)for the control of external vectors of veterinary or medical disease and external parasites of man or domestic animals; or(c)for the protection of any food intended for human or animal consumption;"register" means the register of pesticides maintained under section 15 and "registrar" and "registration" shall be construed accordingly.Part II – The Tropical Pesticides Research Institute (ss. 3-5)
3. Establishment of the Institute
4. Functions of the Institute
5. Vesting of the East African Tropical Pesticides Research Institute and the East African Pesticides Control Organisation and provisions relating to land
Part III – Administration (ss. 6-8)
6. The Council of the Institute
7. Power and duties of the Council
8. Director of the Institute
Part IV – Operations of the Institute (ss. 9-14)
9. Research Committees and provisions relating to research
10. Information on pesticides research to be furnished to the Institute
11. Institute may call information on pesticides research
12. Provisions relating to discoveries
13. Pesticides Approval and Registration Technical Committees
14. Programmes of the Institute
Part V – Pesticide control (ss. 15-30)
15. Register of pesticides
The Institute shall establish and maintain a register of pesticides and shall cause to be entered therein the name, specified minimum quality suitability for use and such other particulars as it may require of every pesticide which may, subject to the conditions (if any) imposed by the Institute, be manufactured or compounded in or imported into the United Republic.16. Applications for registration of pesticides and cancellation of registrations
17. Appeals
Any person aggrieved by the refusal by the Institute to register a pesticide or by the cancellation by the Institute of the registration of a pesticide may, within thirty days after such refusal or cancellation, appeal in writing to the Minister, whose decision shall be final.18. Publication in Gazette of list of pesticides
The Institute shall compile and publish in the Gazette in such form as it thinks fit a list to include therein any pesticide subsequently registered by it or delete therefrom any pesticide the registration of which has been cancelled by it.19. Manufacture, importation, sale of unregistered pesticides and offences
Any person who manufactures, compounds, imports, distributes, sells or offers or exposes for sale or uses or causes to be used any pesticide other than a registered pesticide shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both:Provided that it shall be a defence for a person charged with an offence under this section to prove that the manufacture, compounding, importation, distribution, sale or offer or exposure for sale, as the case may be, of the pesticide was authorised by the Institute or was for the purpose of bona fide research or analysis or was intended for export.20. Labelling of registered pesticides
21. Appointment of, and powers of, inspectors and analysts
22. Obstruction
23. Taking and submission of sample for analysis
24. Division and analysis of sample
25. Giving false information, in connection with manufacture, importation or sale of pesticides and offences
Any person who knowingly makes any false statement, issues or maintains any false or misleading declaration, document, marking or description of a pesticide in connection with the manufacture, importation or sale of a pesticide or any substance capable of being used in the manufacture of pesticides commits an offence and on conviction is liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.26. Unlawful disclosure of information and offences
Any member of the Institute and any person being employed in the execution of any duty under this Act who—27. Disclosure of information by the Institute
28. Power of court to make orders
A court convicting a person of any offence under this Act may order that—29. Evidence
In any proceedings under this Act—30. Criminal liability of bodies corporate and their officers
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Part VI – Financial provisions (ss. 31-37)
31. Funds and resources of the Institute
The funds and resources of the Institute shall consist of—32. Annual and supplementary budget
33. Investment
With the prior approval of the Minister the Council may, invest any part of the moneys available in any fund in investments authorised by the Trustee Investments Act3, for investment of any trust fund.34. Power to borrow
35. Accounts and audit
36. Annual statement of accounts and report to be submitted to the Minister
The Council shall within six months after the close of the financial year, cause to be prepared and submitted to the Minister a report dealing generally with the activities and operations of the Institute during that year and accompanied by—37. Annual statement and report to be laid before the National Assembly
The Minister shall as soon as practicable, and in any case not later than twelve months after the close of a financial year, lay before the National Assembly the following documents in relation to that financial year a copy of the—Part VII – Miscellaneous provisions (ss. 38-43)
38. Remuneration of members of the Council
The members of the Council shall be entitled to such remuneration, fees or allowances for expenses as the Minister may, upon the recommendation of the Council, prescribe:Provided that no remuneration, fees or allowances, except such allowances for expenses as may be expressly authorised by the Minister shall be paid to any member of the Council who is a public officer.39. Delegation of powers by the Council
40. Liabilities of members of the Council
Without prejudice to the provisions of section 284A of the Penal Code5 or of the Public Officers (Recovery of Debts) Act6 no act, or things done or omitted to be done, by any person who is a member of the Council or employee or agent of the Institute shall, if done or omitted bona fide in the execution or purported execution of his duties as the member of the Council or employee or agent of the Institute, subject that person to any action, liability or demand of any kind.41. Regulations
42. Offences for which a penalty is not specifically provided in the Act
Any person who commits an offence against this Act, for which a penalty is not specifically provided elsewhere in this Act, shall be liable on conviction to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.43. Powers of exemption
The Minister may by order in the Gazette, exempt any person from any or all of the provisions of this Act.History of this document
01 February 2021
Repealed by
Plant Health Act, 2020
31 July 2002 this version
Consolidation
01 February 1980
Commenced
Cited documents 5
Act 5
1. | Tanzania Audit Corporation Act | 50 citations |
2. | Trustee Investments Act | 48 citations |
3. | Public Officers (Recovery of Debts) Act | 47 citations |
4. | Pharmaceutical and Poisons Act | 31 citations |
5. | Tanzania Commission for Science and Technology Act | 10 citations |
Documents citing this one 3
Act 1
1. | Plant Protection Act | 32 citations |
Gazette 1
1. | Tanzania Government Gazette dated 1986-07-04 number 27 |
Government Notice 1
1. | Pesticides Control Regulations, 1984 | 3 citations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Pesticides Research Rules, 1985 | Government Notice 297 of 1985 | 31 July 2002 |
Pesticides Control Regulations, 1984 | Government Notice 193 of 1984 | 31 July 2002 |