Tanzania
Coffee Industry Act
Chapter 347
- Published in Tanzania Government Gazette
- Commenced on 1 July 2002
- [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 Coffee Industry Act.2. Interpretation
Part II – The Tanzania Coffee Board (ss. 3-6)
3. Establishment of the Board
4. Management of the Board
The power to carry out the operations and management of the Board shall vest in the Board of Directors.5. Functions of the Board
6. Minister may give directions and take disciplinary measures
Part III – Cultivation and registration of coffee growers (ss. 7-11)
7. Registration of coffee growers
8. Types and varieties of coffee to be grown
9. Restriction on coffee seed and seedlings or plants
10. Only certified seeds or seedlings to be grown
No coffee grower shall sow coffee seeds or seedlings which have not been certified by the Director or an authorised officer and any person who contravenes the provisions of this section, the court may on conviction impose the following sentences namely—11. Board to make regulations
The Board shall subject to the approval of the Minister make rules and regulations for better farming husbandry of coffee.Part IV – Registration, licensing and inspection (ss. 12-20)
12. Power to issue various coffee dealer's licences
13. Registration of a processing factory
14. Licences
All licences granted under the provisions of this Act shall be—15. Power to cancel, vary, and suspend licences
The Board may if the terms and conditions of licence have not been complied with, cancel, vary or suspend any licence issued under the provisions of this Act.16. Aggrieved party to appeal to Minister
Any person aggrieved by the decision of the Board pursuant to section 15 hereto may within sixty days after the date of decision appeal to the Minister.17. Penalty for dealing with coffee without licence
Any person who deals in coffee without a licence issued by the Board or in contravention of any of the provisions of this Act, shall be guilty of an offence and on conviction shall be liable to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.18. Appointment of coffee inspectors
The Board shall have power to appoint proper and fit persons to be coffee inspectors who shall have and exercise powers generally to supervise the arrangements for the cultivation, purchase, export and import of coffee and who, without prejudice to the generality of the foregoing power shall have and exercise such other powers including the inspection of coffee fields, processing plants, markets, the taking of samples and the certifying of weights and quality of coffee as are provided for in this Act or as may be prescribed.19. Power of entry and inspection
20. Adulteration of coffee and plucking of unripe coffee
If any person adds or causes or permits to be added any foreign or extraneous matter to any coffee or plucks unripe coffee for purposes of selling shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.Part V – Administration and financial provisions (ss. 21-34)
21. Appointment of the Director-General
22. Superannuation benefits
The Board may—23. Seal of the Board
24. Appointment of agents and contractors
The Board may, appoint and employ upon such terms and conditions such agents and contractors as it may deem necessary for the better carrying out the functions of this Act.25. Assets and liabilities to vest in the Board
The assets and liabilities of the former Board shall by virtue of this Act and without further assurance vest in the Board.26. Funds and resources of the Board
The funds and resources of the Board shall consist of—27. Annual budget of the Board
28. Liability of members, etc.
No matter or thing done or omitted to be done by any member, officer, employee or agent of the Board shall, if the matter or thing is done or omitted to be done in good faith for the purpose of carrying out the provisions of this Act or of any order or regulations made thereunder, subject to any person as aforesaid to any action, liability, claim or demand whatsoever.29. Power to impose levy
30. Payment of levy
Any levy imposed under the provisions of section 29 of this Act, shall be paid by all coffee dealers and expended as prescribed by the rules and regulations made by the Board under the provisions of this Act.31. Establishment of Coffee Development Fund
32. Composition of the Fund Committee
33. Accounts and audit
34. Annual report to be submitted to Minister
Part VI – Miscellaneous provisions (ss. 35-43)
35. Rules and regulations
36. General penalty
Any person, who commits any offence against the provisions of this Act shall be liable on conviction for every such offence except where in any other section a special penalty is provided to imprisonment for a term not exceeding three years or to a fine not exceeding three million shillings or to both such imprisonment and fine.37. Forfeiture
38. Where offence committed by body corporate
Where any offence under this Act or subsidiary legislation made under it is committed by a body corporate then, as well as the body corporate, any person who, at the time of the commission of the offence was concerned, as a director or an officer, with the management of the affairs of the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.39. Liability of employee or principal
Where an offence under this Act or any subsidiary legislation made under it is committed by a person as an agent or employee then, as well as the agent or employee, the principal or employer shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.40. Notification of order or directions
Where any order or direction made or given by the Minister, the Director or the Board under this Act is not required to be published in the Gazette, the order or direction shall be brought to the notice of persons affected or likely to be affected thereby in a manner determined by the Minister, the Director or, as the case may be, the Board.41. Burden of proof
In any proceedings for an offence under this Act, the burden to prove that the order, direction or requirement, the contravention of which constitutes the offence with which the accused is charged, shall not apply to the accused, and in the case of an order, direction or requirement not published in the Gazette, that he had no notice of the contents of the order, direction or, as the case may be the requirement, shall lie on the accused.42. Repeal of Act No. 18 of 1984
[Repeals the Tanzania Coffee Board Act.]43. Savings
History of this document
31 July 2002 this version
Consolidation
01 July 2002
Commenced