Related documents
Tanzania
Environmental Management Act, 2004
Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022
Government Notice 291 of 2022
- Published in Gazette of the United Republic of Tanzania on 6 May 2022
- Assented to on 25 March 2022
- Commenced on 6 May 2022
- [This is the version of this document from 6 May 2022.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as the Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022.2. Application
These Regulations shall apply to—3. Interpretation
In these Regulations, unless the context otherwise requires—“Act” means the Environmental Management Act;“alternative carrier bags” means any bag made from organic material or woven recyclable material or non-woven material without plastic content or any such materials as the Minister may determine from time to time;“Council” means the National Environment Management Council as established by the Act;“Director General” means the Director General of the National Environment Management Council;“Minister” means the Minister responsible for matters relating to environment;“plastic bottle cap seal” means a seal made of plastic materials used to cover bottle cap;“plastic carrier bag” means a bag made of plastic film, with or without handles, or gussets and to which its layer is in any thickness;“plastic packaging” means plastic wrapping or casing or container prepared in advance to seal goods to protect from deterioration or contamination with other goods or extraneous matter, with a tamper proof seal and labeled to describe the product before sale or distribution or offer;“plastic packaging for agricultural sector” means plastic wrapping or casing or sheets used for mulching for selling or greenhouse or reservoir and irrigation system or crop collection, storage and transportation;“plastic packaging for construction industry” means plastic wrapping, casing or sheets used for handling construction materials for damp proof in buildings or pipes or cables or tiles or storage tanks or temporary structures or insulation or any other related functions;“plastic packaging for food processing” means plastic wrapping or casing or container prepared in advance to preserve quality of foodstuff or protect foodstuff from contamination with other goods or extraneous matter with a tamper proof seal or labeled to describe the product before sale or distribution or offer;“plastic packaging for industrial products” means plastic wrapping or casing or container prepared in advance to preserve quality of industrial goods or protect from contamination with other goods or extraneous matter with a tamper proof seal or labeled to describe the product before sale or distribution or offer;“plastic packaging for medical services” means plastic wrapping or casing or container used in the furnishing of medicine or medical or surgical treatment or nursing or hospital services or dental services or optometrical services or complimentary health services or any other necessary services of like character whether or not contingent upon sickness; and“ plastic packaging for sanitary and waste management” means large sized plastic carrier bag designed solely for collecting and handling of solid waste with a minimum thickness and size to be prescribed by order of the Minister.Part II – Objectives
4. Objectives
The objectives of these Regulations are to—Part III – Prohibition of plastic carrier bags and plastic bottle cap seals
5. Prohibition of plastic carrier bags
All plastic carrier bags, regardless of their thickness are prohibited from being imported, exported, manufactured, sold, stored, supplied and used in Mainland Tanzania.6. Prohibition of plastic bottle cap seals
A person shall not import, export, manufacture, store, distribute, supply, sell or offer for sale beverages with plastic bottle cap seals.7. Prohibition of plastic wrappings
A person shall not sell or offer for sale beverages or commodities wrapped in plastic unless the nature of such commodities requires wrappings by plastics.8. Prohibition of new licenses
Licensing authority shall not register or issue a license or permit to any person intending to import, export, manufacture, distribute or sell plastic carrier bags or beverages with plastic bottle cap seals that have been prohibited by these Regulations.9. Offences and penalties
Part IV – Exemptions
10. Exemption of plastic packaging
Without prejudice to the provisions of regulation (5), plastic or plastic packaging for medical services or industrial products or construction industry or agricultural sector or food processing or sanitary and waste management are exempted from the prohibition.11. Management of waste exempted plastic packaging
Any person who imports, exports, manufactures, sells, stores, distributes, supplies, possesses or uses plastic packaging exempted under these Regulations shall ensure that the waste exempted plastic packaging are managed and disposed of in accordance with the Environmental Management (Solid Waste Management) Regulations, 2009 and the Environmental Management (Hazardous Waste Control and Management) Regulations, 2021.[GN. Nos. 263 of 2009; 389 of 2021]12. Quality standards of exempted plastic packaging
13. Duty to manage plastic wrappings
Subject to regulation 7, any person who imports, manufactures, suppliers or sells commodities wrapped in plastic shall ensure that waste plastic wrappings are managed or disposed of in accordance with the Environmental Management (Solid Waste Management) Regulations, 2009.[GN. No. 263 of 2009]Part V – Compliance and enforcement
14. Powers of Minister
15. Roles of local government authorities
Local government authorities shall, in addition to their roles and functions on waste management provided for in the Act and in the Environmental (Solid Waste Management) Regulations—16. Responsibilities of ministry responsible for trade and industries
The ministry responsible for trade and industries shall be responsible for—17. Responsibilities of Council
The Council shall be responsible for—18. Responsibilities of Tanzania Revenue Authority
The Tanzania Revenue Authority shall be responsible for—19. Responsibilities of Tanzania Ports Authority
The Tanzania Ports Authority shall be responsible for—20. Responsibilities of Tanzania Airports Authority
The Tanzania Airports Authority shall be responsible for—21. Responsibilities of Tanzania Medical and Devices Authority
The Tanzania Medical and Devices Authority shall be responsible for—22. Responsibilities of Tanzania Police Force
The Tanzania Police Force shall be responsible for—23. Responsibilities of Government Chemist Laboratory Authority
The Government Chemist Laboratory Authority shall be responsible for—24. Responsibilities of Tanzania Bureau of Standards
The Tanzania Bureau of Standards shall be responsible for—25. Responsibilities of Immigration Department
The Immigration Department shall be responsible for—26. Powers of environmental inspectors
The environment inspectors shall exercise such powers and functions as conferred upon them by the Act to ensure compliance and enforcement of these Regulations.Part VI – General provisions
27. Repatriation of plastic carrier bags
Any imported consignment of prohibited plastic carrier bags or of exempted plastic packaging found at any point of entry in contravention of these Regulations shall be repatriated to the country of export at the cost of the importer.28. Confiscation and disposal of plastic carrier bags
29. Mandatory take back of waste plastic bottles
Without prejudice to the provision of regulation 5, any manufacturer or suppliers of products contained in plastic bottles shall set-up, operate or participate in a take-back system of collecting their respective waste plastic bottles for recycling or disposal purposes, provided that no additional price is chargeable for that service.30. Compounding of offences
The Director General or an environment inspector for the purposes of enforcement of these Regulations, may compound any offence under these Regulations from any person who shows willingness to pay the sum of money as penalty for contravening the provisions of these Regulations in accordance with the provisions of the Act.31. Orders of court
The court may, in addition to any conviction granted pursuant to these Regulations, issue the following orders:32. Appeals to Minister
A person who is aggrieved by any decision made under these Regulations may, within thirty days from the date of the decision, appeal to the Minister.33. Appeal to Tribunal
A person who is aggrieved by the decision of the Minister may, within thirty days from the date of the decision, appeal to the Environmental Appeals Tribunal in such manner as may be prescribed by the Tribunal.34. Revocation
The Environmental Management (Prohibition of Plastic Carrier Bags) Regulations, 2019 are hereby revoked.[GN. No. 394 of 2019]History of this document
06 May 2022 this version
25 March 2022
Assented to