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Protection from Radiation (Control of Radiation Contaminated Foodstuffs) Regulations, 1998

Government Notice 63 of 1998

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Protection from Radiation (Control of Radiation Contaminated Foodstuffs) Regulations, 1998
Citation
Government Notice 63 of 1998
Primary work
Protection from Radiation Act
Date
31 July 2002
Language
English
Type
Government Notice
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Tanzania
Protection from Radiation Act

Protection from Radiation (Control of Radiation Contaminated Foodstuffs) Regulations, 1998

Government Notice 63 of 1998

  • Published in Tanzania Government Gazette
  • Commenced on 20 February 1998
  • [This is the version of this document as it was at 31 July 2002 to 3 November 2011.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[Section 40(1); G.N. No. 63 of 1998]

1. Title

These Regulations may be cited as the Protection from Radiation (Control of Radiation Contaminated Foodstuffs) Regulations and shall be read as one with the Food (Control of Quality) Regulations1.1G.N. No. 63 of 1982

2. Interpretation

In these Regulations, unless the context requires otherwise—"Act" means the Protection from Radiation Act2;2Cap. 188"certificate" means a written authorization issued by the Commission after a radioactivity analysis has been conducted on any commodity listed in the First Schedule;"Commissioner" means the National Radiation Commission established by section 5 of the Act;"exporter" means any person undertaking a trade or business by which any scheduled commodity is taken out of the country;"fee" means the rate designated by the Commission as certificate fee for radioactivity analysis and payable under the provisions of these Regulations or in accordance with the Act;"importer" means any person undertaking trade of business by which any scheduled commodity is brought into the country;"Minister" means the Minister responsible for matters relating to radiation protection;"scheduled commodity" means any foodstuff, agricultural produce or thing specified in the First Schedule.

3. Contamination analysis

No human or animal foodstuffs or thing listed in the First Schedule shall be imported, cleared through Customs or distributed for home consumption unless an analysis under the Act has been conducted on such foodstuffs and a certificate has been issued certifying that they are free from radioactive contamination or contain levels of such contamination below the levels prescribed in the Second Schedule.

4. Radioactivity certificate and fees

(1)A radioactivity analysis shall be made and a radioactivity analysis certificate shall be issued in respect of all the commodities specified in the First Schedule and the importer or exporter concerned shall be required to pay such fees as may be determined by the Minister in order to offset the costs of the analysis.
(2)The fees payable under this Regulation are set out in the Third Schedule.

5. Certificates for foodstuffs donated, etc.

All grants, donations or presents of foodstuffs falling under the First Schedule shall be issued with a certificate before they are distributed for consumption and fees shall be levied for the certificate under Regulation 4.

6. Clearance of scheduled foodstuffs

Any person who imports or exports any scheduled commodity shall produce a certificate in respect of every consignment prior to inward or outward clearance through customs as the case may be.

7. Sampling

(1)All importers and exporters including Government departments and Non-Government Organizations shall make available to the Commission adequate samples of the scheduled commodities they wish to export or import, and no clearance through Customs shall be effected unless and until a certificate has been issued in respect of commodities.
(2)The sampling of commodities under these Regulations shall be made according to procedures and form set out in the Third and Fourth Schedules.

8. Duty to comply with directions of Commission

Every importer and exporter of any scheduled commodity shall comply with such directions as the Commission may give in order to facilitate the issuance of a certificate.

9. Offences and penalties

Any person who contravenes any provision of these Regulations or fails to comply with any direction given by the Commission shall be guilty of an offence and shall on conviction be liable to a fine not exceeding seven thousand shillings or its equivalent in US dollars or to a prison term not exceeding six months or to both such fine and imprisonment.

10. Restriction on importing contaminated foods

(1)No foodstuffs specified in the First Schedule shall be imported or cleared for home consumption where the radiation levels exceed the limits indicated in the Second Schedule or as revised from time to time.
(2)Any imported foodstuffs or commodities found contaminated in excess of the levels referred to in subregulation (1) shall be refused entry and shall be destroyed or returned to the country of origin at the expense of the importer.

11. Alteration of fees

The Minister may on recommendations from the Commission after the fees to be paid under these Regulations by order published in the Gazette.

First Schedule (Regulation 3)

Description of Commodity

Milk (all types of milk and milk products)Meat (all types of meat and meat products)Fish (all types of fish and marine foods)Fruits and fruit productsVegetables and edible oilsWheat and wheat productsTeaRiceMushroomsTobaccoAnimal feeds of all typesBeansMaize and maize products and all types of cerealsCoffee and coffee productsFertilizersBiscuits, chocolates and sweetsBarley and barley productsInfant foodsSalt and sugarSpicesAll types of human foods not listed above.

Second Schedule (Regulation 3)

Intervention Levels for Control of Foodstuffs: Joint WHO/IAEA Standards

Levels for beta/gamma emitters: Bq/kg or Bq/li levels for actinides are shown in brackets.Joint WHO/IAEA Standards
FoodstuffsLevel 
1. Milk and infant foodsSr—90100
2. All other foodsSr—901000
Total gamma1000(10)
NB.WHO means the United Nations World Health Organisation.IAEA means the international Atomic Energy Agency.

Third Schedule (Regulation 4(3))

Fees

Per consignment of net weight not exceeding 5 tonnesShs. 100,000/-
Per consignment of net weight exceeding 5 tonnesShs. 50,000/-plus
Shs. 50,000/-for every additional 5 tonnes or part thereof 

Fourth Schedule (Regulation 7(2))

Recommended procedures for sampling and sample handling

Sampling is one of the most common sources of analytical error. The results of analysis will be meaningful only if the sub-sample analyzed is representative of the sample submitted for analysis and the sample submitted is representative of the bulk of material sampled.
1.Recommended Procedures for Sampling and Sample Handling:
 (a)It is recommended that random sampling should be done on the whole bulk of the (material) consignment intended for export or import, by taking as may sub-samples as possible from various points of the consignment and combine the sub-samples together to make a representative sample of 1-2 kg for solid/powder samples and/or 1-2 litres for liquid samples.
(b)The quantity of the representative sample shall be based on the net amount of the whole material in the consignment intended for export or import. It is recommended that at least a total of 2 kg of the material has to be sampled from each (500,000 kg) or 1000 packs of the same material in the consignment, and at least 5 tinned, bottled or boxed material has to be sampled from each 100 (package packs of the same material in the consignment.
(c)Sample collection equipment, containers and sample preparation areas must be kept clear to avoid contamination.
(d)Disposable containers should be used whenever possible (plastic bags, aluminium foils, etc.) are recommended for collection of samples.
(e)In order to avoid cross contamination of samples, it is important that all samples collected for radioactivity analysis be packed into tight containers such as polyethylene bags or plastic/grass containers with screw caps. It is further recommended that liquid samples should be packed separately and if possible overpacks may be used.
(f)Collected (representative) samples must be submitted to the NRC laboratory at least 2-3 days after the end of a sampling process.
(g)When samples are taken, a label should be prepared and attached to the sample container. The label should contain the information: Sample description, Sample location (where it was sampled), Time and date where the sample was taken, Amount of sample (in kg or litres) fresh weight, Name of the person who took the sample, as shown in First Schedule.
(h)For each sample taken, packed and prepared for delivery to NRC for radioactivity analysis, the form in the Fifth Schedule Part B should be filed with particulars of the consignment, signed and submitted with the respective samples.
2.Recommendations for Storage of Sample(s):
 Samples must be handled in a manner which prevents or minimises changes. This is essential, particularly if many types of food involved are perishables.
(a)After collection the samples must be properly stored to avoid degradation, spoiling or other decomposition and to avoid contamination.
(b)Short periods of storage before analysis may require refrigeration, freezing or addition of a preservative. Fresh milk is usually stored in a refrigerator. A preservative such as formalin or sodium azide (3-5 ml of 5% solution per litre) can be added to prevent souring if longer periods of storage is anticipated.
(c)Sample containers must be suitable for storage without degeneration especially when acids are added to liquid samples. Absorption of most radionuclides from solutions is less in polyethylene than on glass.

Fifth Schedule Regulation 7(2)

Sample record form

[Editorial note: The form has not been reproduced.]
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History of this document

04 November 2011 amendment not yet applied
31 July 2002 this version
Consolidation
20 February 1998
Commenced

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Act 1

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