4.11 Trade and Commerce

C. Legal Requirements

Protection from Radiation Act

This Act is discussed extensively in section 4.4, Industry, and requires a license to trade in radioactive materials. Therefore, sellers, dealers or traders in materials defined as radioactive, must be licensed by the National Radiation Commission.

Tropical Pesticides Research Institute Act

This law regulates pesticides, including importation, distribution and sale of pesticides. It is discussed in Chapter 4.4, Industry. Specifically, pesticides must be registered by TPRI before sale or importation and must follow the labeling requirements listed in section 4.4. Labeling requirements are extremely important for pesticides sellers when selling pesticides to ensure that those applying pesticides do so correctly and avoid accidental poisonings from improper storage, mixtures, application, handling, etc. In addition, minimum standards exist as to the efficacy of the pesticides.

Mining Act

This law is discussed under Chapter 4.5, Mining. It is relevant to note, however, that in addition to its licensing requirements for production of minerals, the law also requires dealers of minerals to have a valid dealers license.

Town and Country Planning Ordinance and National Land Use Planning Commission Act

As discussed in Chapter 4.4, Industry, certain requirements exist for land uses in both specified areas (mostly towns) and potentially for the regions. Planning consents will be required for land uses in specified towns. Specific use classes include those related to trading, such as groups for: 1) Shops, 2) Special Retail Services, 3) Petrol Service Stations, and 4) Offices, etc. Regulations exist for these uses. (Town and Country Planning Use Classes and Regulations of 1960.)

Local Government (District and Urban Authorities) Acts

The Acts already discussed are relevant to trade and commerce sectors in that they empower local authorities to make by-laws in relation to construction standards and building which put into consideration sanitary arrangement in urban areas. Petty trade by-laws specifically provide that any trading business in any street should be licensed and that conditions may be attached to the licence which should be observed by the holder of such licence. Obviously, the attached conditions put into account some environmental considerations which are meant to be observed.

In addition, several local authorities have enacted by-laws related to disposal of refuse and public health and safety, pursuant to their general authority under the Local Government District and Urban Authorities Acts. Recent administrative actions such as the removal of all "duka" in certain areas of the City of Dar es Salaam indicate the need for businesses to be familiar with the relevant environmental and safety requirements of their area. See Appendix C to this handbook for a list of all regulations issued by local authorities. In addition, general business licenses are sometimes linked to specific environmental concerns. For example, in the City of Dar es Salaam, business licenses cannot be issued until regulations concerning taxation, hygiene and building permits are complied with.

Wildlife Conservation Act

It seems also that licenses are required for the export of live animals and these are issued once per year in January for the whole calendar year. The cost is 10,000 TShs. on conditions of promising to handle animals in a humane manner.

Fisheries Act

The Fisheries Act is discussed extensively in section 4.2, Forestry and Marine Fisheries, which relates to production of these products. However, the Act and its accompanying regulations are also relevant for trading in fisheries products. Specifically, a valid business license (under the Business Licensing Act) is required for fish traders, as well as a license for export of fish or fish products. License for dealing in fish products.

Pharmaceuticals and Poisons Act

Specific licensing requirements exist for sellers and traders of pharmaceuticals and poisons, including licensing regulations for pharmacists. Section 4.4, Industry, discusses these provisions in detail and should be referred to for a description of what is required.

Penal Code, Cap. 16

Section 180 of the Penal Code states that "any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour." Section 181 states that any person who sells, or offers or exposes for term not exceeding two years, or with a fine, or both (§35). Furthermore, section 186 prohibits noxious trade and trade which contributes to the spread of disease. Any business which violates these provisions of the Penal Code may be subject to prosecution by the Director of Public Prosecutions.

Dairy Industry Act

This Act is discussed in Chapter 4.4, Industry, because of its relevance for manufacture of dairy products. However, sellers, importers and exporters of dairy products are also governed by the Act and must be licensed by the Dairy Board. Minimum standards apply for milk products.

Food Control of Quality Act

This Act governs both production and sale of food and is discussed in Chapter 4.4, Industry. Specifically, sellers of food are governed by a variety of licensing requirements and minimum standards and should refer to that section for details.

Public Recreation Grounds Ordinance

This Ordinance gives authority to the Minister responsible for Local Government to declare any areas of public land within or in the vicinity of a municipality or township a public recreation ground. The Minister must first consult with the Local Authority or act at the request of the Local Authority. The Ordinance is particularly relevant for petty traders in urban areas who must abide by its provisions. Section 6: Local Authorities have a duty to ensure the use of declared public recreation grounds for: Games, exercise, recreation and no other purpose. (Local Authorities may approve other uses, however.) Section 7 gives Local Authorities the powers regarding:

1. establishment of structures/conveniences,
2. set aside of areas for particular recreations,
3. equipment,
4. restaurants,
5. authorises others to do above,
6. make by-laws for:
   1. management, control, regulation of public recreation grounds - ingress/egress,
   2. removal of violators,
   3. regulating foot tracks, grazing of cattle, or other animals,
   4. preventing injury/damage to the creation grounds.

Penalties: under section 8, a court may assess damage to a public recreation ground resulting from a breach of the law and a conviction results in defendant compensating Local Authority for the breach. Section 9: Also requires that every fine paid to central government for violations of by-laws made pursuant to the Ordinance shall be paid over to the Local Authority for 'improvement of management and control of the public recreation grounds."

Explosives Act, 56/63

This Act gives the Commissioner for Mines responsibility for regulating explosives and is discussed extensively in Chapter 4.4, Industry. First, section 3 stipulates that no import, manufacture, possession, acquisition, or disposition of explosives is allowed unless the substance is approved for use by the Commissioner. Sections 7-9 stipulate that a person must have a license from the Commissioner for Mines to legally manufacture explosives. Penalty for failure to have a license is 5,000 and/or 2 years. Part V of the Act further requires a permit for transport of explosives. Part VI requires a permit for acquisition, possession, and disposal of explosives. Part VII requires a permit for storage of explosives. Part VIII requires a permit for use of explosives. An explosives permit can give conditions.

Water Laws

The Water Laws are discussed extensively in Chapter 4.4, Industry, and are also relevant for those businesses involved in trade and commerce. Specifically, unless a business is exempt from the categories of water users requiring a water right, the business must acquire a water right and will be bound by the relevant water quality, effluent and other standards. See section 4.4, for details.

Land Ordinance

As is the case for production of goods (see Chapter 4.4, Industry), the question of land ownership may be very important for those engaged in trade or commerce. Especially for informal trading, traders should be aware of land tenure rights, the rights of occupiers for peaceful enjoyment of their land title, and any environmental hazards created by trading which could result in common law nuisance suits by the property occupier.

Hotels Ordinance

The Hotels Ordinance governs non-tourist hotels, which make up a large portion of the economic revenues, both formal and informal, from this sector. The Ordinance is discussed in Chapter 4.10, Tourism, and the same rules and regulations apply here, particularly with respect to health and safety.