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- Is amended by Plant Health (Amendment) Regulations, 2024
Tanzania
Plant Health Act, 2020
Plant Health Regulations, 2023
Government Notice 284 of 2023
- Published in Gazette of the United Republic of Tanzania 14 on 21 April 2023
- Commenced on 21 April 2023
- [This is the version of this document as it was from 21 April 2023 to 2 May 2024.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I Preliminary provisions
1. Citation
These Regulations may be cited as the Plant Health Regulations, 2023.2. Interpretation
In these Regulations, unless the context otherwise requires—“aerialpesticide application” means the application of a prescribed plant protection product from an air craft;“agro-ecological zones” means land resource, mapping unit defined in terms of climate, landform and soils, and/or land cover, and having specific range of potentials and constraints for land use;“commercial applicator” means any pesticide dealer who engages in the business of applying pesticides to the land or property of another person;“concentration” means the proportion of active ingredient in a pesticide;“cropping season” means the season of the year when particular crop is grown, which indicates the distribution of crops in a year on the basis of climatic requirements that normally affect crops germination, growth, flowering, and final yield;“crop family” means group of crops of one or more genera sharing similar attributes;“dossier” means the part of the data set that is submitted in support of a request for registration of pesticide plant protection product which provides all necessary information to allow a reliable assessment of the efficacy of that product (also referred to as biological assessment dossier or efficacy dossier);“fumigant” means a registered pesticide which, at a required temperature and pressure, exist in the gaseous state in sufficient concentration to be lethal to a given pest organism;“fumigation” means a pest management treatment that involves the use of a fumigant in a gaseous form within a predetermined time, from the time of fumigant application;“fumigator” means a person appointed by the fumigation company who trained by the authority and attained fumigation license;“fumigation ventilation work” means removal of gas—proof sheets used to prevent fumigant escape, and opening of all doors and windows in the fumigated space after fumigation in order to allow fresh air into a fumigated space so that the poisonous gases are allowed to escape through either natural or mechanical means. It includes all the steps taken to prevent damage to cargoes from condensed moisture within the cargo holds and render the place safe for humans to enter (for discussion);“goods”means all animals feed materials, combinable crops, finished products and processed materials for food or feed purposes;“high risk plant material” means plants, plant material or plant product with higher likelihood of introducing quarantine pests; pests is so high;“low risk plant material”means the plant products contain only active substances that are of low risk and do not require specific mitigation measures;“maximum residue levels” means a trading standard set by national and international authorities for concentration of a pesticide residue (expressed as mg/kg) legally permitted in or on food commodities and animal feeds as a result of the use of pesticides based on label directions and Good Agricultural Practice (GAP) data for human health and safety;“National Plant Protection Organization” means the Tanzania Plant Health and Pesticides Authority established in the Act to discharge the functions specified by the International Plant Protection Convention;“pest control operator” means a person dealing with general house pest control, termite and other wood destroying organisms control, storage pests control, general public weed control or control of pests affecting public safety;"licensed pest control operator" means a person who is licensed by the Authority and who owns, operates or manages a pest control operating company or business that is engaged in carrying out pest control operations on the property of another person for hire;“pest risk analysis” has the same meaning ascribed to it under the Act;“pest surveillance” “pest surveillance” means an official process which collects and records data on pest presence or absence by survey, monitoring or other procedures;“pesticide residues” means any specified substances in or on food, agricultural and other types of commodities or animal feed as well as in environmental media including soil, air and water resulting from the use of a pesticide and the term includes any derivatives of a pesticide, such as conversion products, metabolites, breakdown products, reaction products and impurities considered to be of toxicological or eco—toxicological significance;“pesticide technical material” means relatively pure active ingredients, used to prepare formulations;“phytotoxicity effects”means damage such as burning, scorching, necrosis, chlorosis, leaf distortion and stunting growth due to application of pesticides to plants;“plant health” means the protection of plants, as well as scientific and regulatory frameworks for controlling plant pests or pathogens, the ability of the plant to perform under stress with or without human interference;“restricted plant materials” include any plant, propagative material of plant product which can be affected by or harbour a plant pest or disease;“toxicological” refers to the description of the negative effects of biological or chemical substances on organic living beings; and“toxicological information” is description of the various toxic health effects inherent to the product and the data used to determine the effects, including routes of exposure, potential health symptoms related to the product characteristics and delayed, immediate, chronic effects from exposures.Part II Registration of pesticide
3. Categories of pesticide registration
4. Pre-conditions for application of pesticide registration
5. Confidential business information
6. Application for registration of pesticide
7. Analysis of samples
8. Time for conducting laboratory analysis
9. Experimental use permit
10. Bio-efficacy trial of pesticides
11. Registration of pesticide
12. Re-submission of rejected application
An applicant whose application for registration of a pesticide has been rejected may at any time, upon fulfilment of previous anomaly and payment of the prescribed fees, make another application for registration and such application shall be treated as a new application.13. Forms of registration
14. Full registration
15. Provisional registration
16. Restricted use registration
17. Issuance of certificate of registration
18. Duty to provide information
A holder of registration certificate or an applicant shall be obliged to furnish the Authority with any new information relating to a registered pesticide or pesticide in respect of which registration is sought.19. Renewal of pesticide registration
20. Changes of particulars of registered pesticide
21. Transfer of registration certificate
22. Cancellation of certificate of registration
23. Application for registration, testing, evaluation and calibration of pesticides application equipment
24. Registration of pesticide application equipment
The Registrar shall register the product where he is satisfied that, the result of laboratory assessment and field test has been complied with the provisions of these Regulations and issue the registration certificate in the manner provided for in the First Schedule to these Regulations.25. Rejection of registration of pesticide application equipment
The Authority shall, where the conditions set out in regulation 24 is not fulfilled, reject the application for registration of pesticide equipment and notify the applicant in writing within seven working days from the date of results submission.26. Failure to register pesticide application equipment
A person who—27. Post registration surveillance, monitoring and control
Part III – Licensing of pesticide dealers
28. Application for license of pesticide dealers
29. Requirement for licensing as pesticide dealer
A person shall not be licensed as a pesticide dealer unless —29. Issuance of pesticide dealers’ license
30. Validity of license
Pesticide and bio–pesticide dealer’s license shall expire on thirty first of December of every year, unless is sooner cancelled.31. Pesticide licensed dealers
32. Application for pest control operator’s licence
33. Aerial pesticide application
34. Pesticide fumigation services
35. Qualifications for registration of pest control operator
A person trained in pest management and principles of fumigation shall be issued with a certificate from the Authority as evidence that he has attained necessary qualification for registration as a pesticide dealer and shall be issued with a pest control operator’s license specified in First Schedule to these Regulatios.Part IV – Import, export and transportation of pesticide and pesticide application equipment
36. Application for import or export permit of pesticide
37. Experimental permit
38. Application for import and export of pesticides application equipment
39. Conditions for import permit
40. Review, refusal, revocation, suspension or amendment of import permit, certificate or licence
41. Transport of Pesticides
A person who intends to transport pesticides shall do so in a safe and efficient manner as prescribed in the guidelines.42. Labelling of vehicle to transport pesticides
43. Re-export of pesticides
Part V – Pesticide safety
44. Packaging and re-packaging of pesticide
45. Labelling of pesticide
46. Sample collection for laboratory verification
47. Identification, handling and transportation of sample
48. Analysis of sample
49. Procedure for evaluation of pesticide residues
50. Pesticide Advertising
51. Storage of pesticide
52. Inspection of pesticide storage facilities
53. On-site inspection
54. Disposal of obsolete pesticide and pesticide empty containers
The disposal of obsolete pesticide and pesticide empty containers shall be made in accordance with the Environmental Management Act.[Cap. 191]55. Pesticide poisoning node
Part VI – Import of plants, plant products or regulated articles
56. Application for plant import permit
57. Pest risk analysis
58. Conditions for Importation of categorized plants, plant products or regulated articles
59. Destruction of non-compliant consignment
60. Establishment of closed and open quarantine sites
61. Conditions for importation of fresh horticultural plants and plant products
A person importing any fresh horticultural plants and plant products imported into Tanzania shall ensure that such product is—62. Conditions for importation of micro-propagated plant materials
A person importing, tissue cultured, invitro or micro-propagated plants into Tanzania shall ensure that such product is—63. Conditions for importation of cereals and legumes
64. Conditions for importation and disposal of soil
65. Conditions for importation soilless growing media
Growing media shall not be imported unless it has fulfilled the following conditions—66. Notification on arrival of vessels, aircraft, train or vehicles
The importer of plants, plant product or regulated articles shall—67. Verification of consignment
68. Quarantine precautions by master of vessel
The master of any vessel arriving in Tanzania shall—69. Declaration of vessel, aircraft, train or vehicle on arrival
A person in charge of any vessel, train, truck, or other conveyance arriving in or at the border of Tanzania shall provide to an inspector at the point of entry—70. Inspection of conveyances
71. System audit and Pre-clearance inspection
The Authority may, for the purpose of enhancing level of phytosanitary protection of the country, carry out pre-clearance inspection and audit of procedures in the exporting country for some imports where necessary.72. Postal and courier documentation
Any plants, plant products or regulated articles introduced by post or courier into Tanzania shall—73. Prohibition of removal without permission
74. Declaration on arrival by passengers
75. Movement of timber and timber-based products
76. Conditions for wood packaging material
77. Treatment providers of wood packaging material
78. Use of official mark
79 In transit wood packaging material
80. Interception notification
Where the consignment of plants, plant products or other regulated articles—Part VII – Export of plants, plant products orregulated articles
81. Application for phytosanitary certificate
82. Export certification
83. Issuance of phytosanitary certificate
84. Re-export
85. Procedure for inspection, sampling and laboratory testing at point of exit
86. Procedures for treatment of consignment
The exporter shall—87. Consignment in transit
88. Pest identification
89. Refusal to issue phytosanitary certificate or re-export phytosanitary certificate.
The Authority may refuse to issue a phytosanitary certificate or re-export phytosanitary certificate to the applicant if the applicant fails to meet the requirements under regulation 86 and 89.Part VIII – Movement of biological control agents
90. Biological control agents
91. Application for registration of biological control agents
92. Bio efficacy trial of biological control agents
93. Export of biological control agents
94. Maintenance of biological control agents for controlling pests
For the purposes of maintenance of biological control agent, the Authority shall ensure that rearing of biological control agents is conducted in accordance with procedures prescribed in the guideline.95. Import of biological control agents
96. Permit to import or export biological control agents
97. Validity of import or export permit
98. Refusal to issue import permit
Part IX – Control of pests
99. Declaration of regulated pests
100. Duty of notification
101. Duty of owner or occupier of land
102. Publication of new pest
103. Declaration of pest outbreak quarantine area
104. Phytosanitary measures during outbreak of quarantine pest
The Authority shall apply phytosanitary control measures to any area that is infected, infested or suspected of being infected or infested by a regulated pest, as well as to any quarantine area, buffer zones, pest-free area, area of low pest prevalence, pest-free place of production, pest-free-production site as the case may be as follows—105. Pest surveillance
106. Establishing, declaring and maintaining pest free area
107. Obligation of occupier or owner of land or premises
An occupier or owner of land or premises, within the designated pest free area or area of low pest prevalence, shall be obliged to adhere to the provisions of this Part.108. Migratory pests
The Authority shall put in place mechanisms for early warning systems for migratory pests that shall include—109. Reporting of migratory pests
Part X – General provisions
110. Delegation and criteria for eligibility
111. Process of delegation
112. Non-conformity
113 Qualifications of analyst and inspector
114. Disqualification of Inspectors and Analyst
An inspector or analyst shall cease to be an inspector or analyst in accordance with the Act and any other provision in these Regulations in case of—115. Fees
116. Offences
A person who, by himself, his agent or servant, either directly or indirectly contravenes any provision of these Regulations commits an offence and. On on conviction shall be liable to the penalty provided under the Act.117. Appeals
118. Revocation
[G.N. No. 297 of 1985, G.N. No. 383 of 1987, and G.N. No.401 of 1999]The Pesticides Research Rules of 1985, the Tropical Pesticides Research Institute (Amendment of First Schedule) Order of 1987 and the Plant Protection Regulations of 1999 are hereby revoked.History of this document
03 May 2024 amendment not yet applied
Amended by
Plant Health (Amendment) Regulations, 2024
21 April 2023 this version
Published in Gazette of the United Republic of Tanzania 14
Commenced