Plant Health Act, 2020
Act 4 of 2020
- Published in Gazette of the United Republic of Tanzania 101 on 19 June 2020
- Assented to on 15 June 2020
- Commenced on 1 February 2021 by Plant Health (Date of Commencement) Notice, 2021
- [This is the version of this document from 19 June 2020.]
Part I – Preliminary provisions
1. Short title and commencementThis Act may be cited as the Plant Health Act, 2020 and all come into operation on such date as the Minister may, by notice in the Gazette, appoint.
2. ApplicationThis Act shall apply to Mainland Tanzania in relation to ant health, phytosanitary matters and management of pesticides.
3. InterpretationIn this Act, unless the context requires otherwise—"active ingredient" means the biologically active part of the sticide present in a pesticide formulation;"adulterated" with respect to a pesticide, means that—(a)any constituent has, in whole or in part, been omitted or abstracted;(b)damage or inferiority has been concealed in any manner;(c)any substance has been substituted wholly or partly;(d)any substance has been added to it, mixed or packed with it so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;(e)any constituent exceeds the amount stated on the label or permitted by this Act; or(f)its nature, substance, or quality has been injuriously affected;"advertising" means the promotion of the sale or use of pesticides by printed or electronic media, signs, displays, gift, demonstration or word of mouth;"analyst" means any person appointed or designated as such under section 38 of this Act;"application equipment" means any technical aid, equipment, implement or machinery which is used for the application of pesticides and includes all range of ground and aerial pesticides application equipment;"area of low pest prevalence" means an area declared by the Authority in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures;"Authority" means the Tanzania Plant Health and Pesticides Authority established under section 4;"banned pesticide" means a pesticide for which all registered uses have been prohibited by the Minister or for which all requests for registration or equivalent action for all uses have, for health and environmental reasons, not been granted;"bio-efficacy trial" shall include any study—(a)of the biology, ecology and behaviour of pests with a view to understanding their nature so as to find ways of controlling them by use of pesticides and other biological control agents; and(b)with the view of evaluating the efficacy of pesticides in killing, repelling or attracting, inhibiting the feeding or arresting the growth of insects, weeds, pathogens, fungi, rodents, bird pests or any other kind of pests;"bio-pesticide" means a biological control agent, usually a pathogen formulated and applied in a manner similar to a chemical pesticide;"biological control agent" means a natural enemy, antagonist or competitor or another organism, used for pest control;"Board" means the Board of Directors of the Authority established under section 7;"buffer zone" means an area surrounding or adjacent to an area officially delimited for—(a)phytosanitary purpose order to minimize the probability of spread of the target pest into or out of the delimited area, and subject to phytosanitary or other control measures, if appropriate; or(b)application of pesticide in order to minimize the probability of spread of the candidate pesticide in or out of the delimited area or a non-target area;"container" means anything in which or by which pesticides are encased, covered, enclosed, contained or packed, including material in contact with the pesticide, box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or any other thing in which any plants, plant products or regulated articles is placed or packed;"consignment" means a quantity of plants, plant products or regulated articles being imported into the country or exported to another country and covered, when required, by single phytosanitary certificate and shall be composed of one or more commodities;"consignment in transit" means a consignment which passes through Tanzania without being imported, and that may be subject to phytosanitary measures;"conveyance" means any vessel, aircraft, train, truck, car, cart, cargo, container, animal or other device whereby goods, soil or other things may be moved from one place to another;"counterfeit pesticide" means a pesticide made by other than the approved or registered manufacturer by copying or imitating an original product without authority or right, with а view to deceiving or defrauding and marketing the copied or forged product as original;"detention" means keeping a consignment in official custody or confinement, as a phytosanitary measure, and "detain" shall have a corresponding meaning;"Director General" means the Director General of the Authority appointed under section 10;"disposal" means any operation to recycle, neutralize, destroy or isolate any unwanted pesticide, used or unwanted pesticide empty containers or contaminated materials;"endangered area" means an area where ecological factors favour the establishment of a pest whose presence in the area will result in significant economical loss;"fake pesticide" means a pesticide produced by unapproved facility, not certified or not registered by its producer, produced by way of copying or imitating the original product with no authorization or rights, to deceive or mislead, and further selling the copied or imitated product as original one;"formulation" means the combination of various ingredients designed to render a pesticide product useful and effective for the purpose claimed or the form of the pesticide as purchased by users;"hazard" means the inherent property of a substance, agent or situation having the potential to cause undesirable consequences such as adverse effects or damage to human or animal health, the environment, or property;"infestation" means presence in commodity of a living pest of the plant products concerned;"inspector" means any person appointed or designated as such under this Act;"label" means the written, printed or graphic matter on, or attached to the pesticide or the immediate container thereof and the outside container or wrapper of the pesticide package;"Minister" means the Minister responsible for agriculture;"national pest of concern" means a non-regulated pest with a significant economic impact whose biological and epidemiological characteristics determine that its control in Tanzania shall be performed at more than a local level, requiring the official intervention of the Authority for its management, for technical coordination or for enforcement;"obsolete pesticide" means a stockpiled pesticide that can no longer be used for its original purpose or any other purpose and therefore requires disposal;"outbreak" means a recently detected pest population, including an incursion or a sudden significant increase in an established pest population of an area;"packaging" means any material used in supporting, protecting or carrying commodity or container together with the protective wrapping used to carry pesticide products;"pest free area" means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially regulated and maintained;"pest risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine whether an organism is a pest that need to be regulated and the strength of any phytosanitary measures to be taken against it;"pest" means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products and includes invasive alien species;"pesticide" means substance, a mixture of substances or a living organism which includes-(a)insecticides, herbicides, fungicides, rodenticides, nematicides, avicides, molluscicides and antimicrobials intended for preventing, destroying, repelling, mitigating, used or intended to be used, either alone or together with other material or substance intended for preventing, destroying, repelling or mitigating of—(i)any type of pest; and(ii)unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products, or animal feedstuffs; and(b)substances intended for use as a plant growth regulator, defoliant, desiccant or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport to include bio-pesticides, bio-control agents, biochemical and gradients;"pesticides application" means getting pesticides formulation in a suitable form to the intended target pest for the intended purpose of pest control, using acceptable standard pesticides application equipment in such a prescribed manner of required dosage and application rates;"pesticide dealer" means a person engaged in the formulation, manufacture, packing, re-packing, labeling, import, export, storage, sale, distribution, transport or application of pesticides for profit including spraying, fogging, fumigation and timber treatment;"phytosanitary action" means an official operation, such as inspection, testing, surveillance or treatment, undertaken to implement phytosanitary measures;"phytosanitary requirements" means any condition to be met by a particular consignment of particular plant, plant products or other regulated articles from a specific origin, having as its purpose the prevention of the introduction or spread of quarantine pests or limitation of the economic impact of regulated non-quarantine pests in Tanzania;"phytosanitary security" in relation to consignment, means the maintenance of integrity and prevention of re-infestation after phytosanitary certification and prior to export;"plant products" means any un-manufactured material of plant origin and those manufactured products which, by their nature or that of their processing, may create a risk for the introduction into or the spreading of pests over Tanzania;"plant" means any living plants or the parts thereof, including seeds and germplasm;"point of entry" means any seaport, airport, river or lake station, railway station, post office, transport terminal or border post, which the Minister may declare to be a point of entry under section 33 of this Act;"quarantine" means official confinement of plants, plant products or other regulated articles for surveillance and research or for further inspection, testing or treatment;"quarantine area" means an area where a quarantine pest is present and is being officially controlled;"quarantine pest" means a pest of potential economic importance to the area endangered thereby and not yet present there or present but not widely distributed and being officially controlled;"Registrar" means the Registrar of Pesticides appointed under section 13;"regulated articles" means any plant, plant products, storage place, packaging, conveyance, container, soil or any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures;"regulated non-quarantine pest" means a non-quarantine pest whose presence in plants and plant products affects the intended use of those plants and plant products with an economically unacceptable impact, and which is declared as such in this Act;"regulated pest" means a quarantine pest or regulated non-quarantine pest;"repackaging" means the authorized transfer of a pesticide from any commercial package into any other, usually smaller container for subsequent sale;"restricted use pesticide" means a pesticide declared by the Minister under this Act to be unsafe for use;"substandard pesticide" means a pesticide the physical-chemical properties of which do not meet the minimum quality standard;"surveillance" means an official process which collects, records and processes data on pest occurrence or absence by survey, monitoring and evaluating other procedures;"treatment" means an official procedure for the killing, inactivation or removal of pests or for rendering pests infertile or for devitalization; and"wood packaging material" means wood or wood products, excluding paper products, used in supporting, protecting or carrying a commodity includes dunnage.
Part II – Establishment of the Authority
4. Establishment of Authority
5. Functions and powers of Authority
6. Power of delegationThe Authority may delegate some or any of its functions stipulated in this Act to any person or institution dealing with pesticides or plants.
Part III – Administration of the Authority
7. Board of Directors
8. Composition and proceedings of Board
9. Minister to give directionsNotwithstanding section 7, the Minister may give to the Board directions of a general or specific nature which shall be consistent with the purposes and provisions of this Act and the Board shall give effect to the directions given by the Minister.
10. Appointment of Director General
11. Recruitment of staff
12. Conflict of interestFor avoidance of conflict of interest, a member of the Board, staff, agent of the Authority or any person having contractual agreement with Authority shall not, during the term of his employment or engagement and one year thereafter, carry out the business relating to the importation or exportation of pesticide, plant, plant products or regulated articles under this Act.
13. Registrar of Pesticides
Part IV – Registration, licensing and permit
14. Registration of pesticides
15. Bio-efficacy trial and analysis
16. Use of information from other countriesThe information on a review or evaluation of a pesticide by the registration authority of a country having harmonised system of pesticides regulation with Tanzania, may be used in Tanzania, if—
17. Re-evaluation of registrationThe Registrar may initiate a re-evaluation of a registered pesticide if there is reasonable ground.
18. Temporary prohibitionsWhere it has been demonstrated that the use of a registered pesticide has resulted in damage to human health, animal health or environment, the Registrar may, upon recommendation by the Authority, temporarily prohibit the importation, sale, distribution and use of that pesticide.
19. Registration of pesticides equipment
20. Use of pesticide
21. Import permitA person who imports plants, plant products, pesticides or regulated articles shall apply for an import permit in a manner prescribed in the regulations.
22. Import documents
23. Phytosanitary requirements for imports
24. Packaging material
25. Importation of unregistered pesticide
26. EmergenciesThe Minister may, in the event of phytosanitary emergency and where no other available alternative exists, permit importation and distribution of unregistered pesticides for such time and in such quantities as may be specified in a notice.
27. Duty to declare plants, plant products or regulated articlesAny person arriving in the country with plants, plant products or regulated articles, shall declare such items to the inspector at the point of entry.
28. Detention, destruction and reshipment
29. Post entry quarantine stationsThe Authority may designate certain places as post entry quarantine stations where plants, plant products or other regulated articles shall be kept for phytosanitary observation, research, inspection, testing, treatment or removal for such period as shall be specified by the Authority.
32. Consignments in transit
33. Point of entryThe Minister may, from time to time, by notice published in the Gazette declare any—
34. Phytosanitary certificateThe phytosanitary certificate referred to in this Act, means a certificate issued to show that the consignment has been examined and certified that, the consignment—
35. Inspection at importers or exporters facility
36. Pesticides and bio-pesticides dealer’s licence
37. Training in pesticides management
Part V – Enforcement
38. Appointment of inspectors and analyst
39. Powers and functions of inspectors
40. Management of samples
41. Duties of other officers
Part VI – Control of pests
42. Declaration of regulated pests
43. Pest free areaThe Authority shall, upon approval of the Minister, establish, declare and maintain pest free areas and areas of low prevalence.
44. Duty of notificationAn occupier or owner of any land or premises on which a quarantine pest is present or suspected to be present shall immediately notify an officer of the Authority or agricultural officer at the local authority of the respective area who shall report the matter to the Authority.
45. Phytosanitary measures during quarantine pest outbreaks
46. Phytosanitary control measures
Part VII – Pesticides safety
47. Packaging and labeling of pesticidesA person shall not import, distribute or sell any pesticide unless it is in a container, which is—
48. Re-packing of pesticidesA person shall not repack pesticide except—
49. AdvertisingAny person advertising registered pesticides shall comply with rules and conditions for advertising prescribed in the regulations.
50. Transportation of pesticides
51. Storage of pesticides
52. Restricted and banned pesticides
53. Obsolete pesticides and pesticides empty containers
54. Pesticides control order
55. Substandard, counterfeit, fake and adulterated pesticides
Part VIII – Financial provisions
56. Funds and resources of Authority
57. Accounts and audit
58. Annual report
Part IX – Offences and penalties
59. Offences and penalties
60. Compounding of offences
61. Compensation for damage or loss sufferedWhere a person has suffered a direct damage or loss of property due to commission of an offence by another person, the court may, in addition to the penalty provided under this Act, order compensation for the loss suffered or damage caused.
62. IndemnityWithout prejudice to the provisions of section 284A of the Penal Code, no matter done by any person exercising or purporting to exercise any function under this Act shall, if done in good faith in the execution or purported execution of his functions under any of the provisions of this Act subject such person to any action, liability, claim or demand whatsoever.[Cap. 16]
63. AppealsA person who is aggrieved by the decision of the Authority may, within thirty days upon receipt of such decision, appeal to the Minister.
Part X – General provisions
64. Power to make regulations
66. Provision regarding employeesThe provisions of the Public Service Act shall apply in relation to matters relating to employees of the former schemes.[Cap. 298]
67. Rights of person in undertakingThis Act shall not operate so as to affect in a prejudicial way the rights of any person under any undertaking or licence granted in connection with pesticides, plants or plant products prior to the effective date of this Act or any undertaking entered into prior to the effective date of this Act.
68. Transfer of assets and liabilities
69. Transfer of pesticide and plant protection regulatory functionsAs from the date of commencement of this Act, the pesticides and plant protection regulatory functions formerly performed by Tropical Pesticides Research Institute and the Ministry responsible for Agriculture shall be transferred to and performed by the Authority.
History of this document
01 February 2021
Commenced by Plant Health (Date of Commencement) Notice, 2021
19 June 2020 this version
15 June 2020