Food Control of Quality Act, 10/78

The purpose of this Act is to regulate producers and sellers of food through licensing. Section 4 establishes a National Food Control Commission and also a Registrar. This Act is the main act governing sanitation and hygiene of food.

The functions of the Commission are set forth in section 5, including regulating the importation, manufacture, labeling, marking or identification, storage and sale and distribution of food or any materials or substances used in the manufacture of food; prescribing minimum standards of quality; testing food manufactured or imported to determine fitness for human consumption; to approve and register foods; to take legal measures on complaints made by consumers against food manufacturers; to take such acts or measures as are necessary for prevention of health hazards to consumers which may result form the consumption of food of low or bad quality. The Commission is supposed to consult and cooperate with the Tanzania Food and Nutrition Centre and the Tanzania Bureau of Standards as well as other bodies.

Manufacturers of food are required to be licensed in accord with §7; violation is an offense with a fine of up to 10,000 Tsh.. or 5 years imprisonment or both. Applications must satisfy certain conditions (§8) to receive a license from the Commission, and licenses can be revoked or suspended if conditions are no longer met or there are proceedings against the licensee in court. Premises utilised for manufacture of food must also be registered under §13.

The Minister, after consultation with the Commission, may make regulations prescribing minimum standards to be complied with by manufacturers with regard to the composition of food or its bacteriological or chemical standards. §16. Under this section, the Minister may also place prohibitions or restrictions on manufacture of certain foods. Selling food below the minimum standards can lead to fine of up to 10,000 shillings, imprisonment for 5 years, or both (§17). False labeling and advertising are prohibited (§19), as are sale of food unfit for human consumption (§20). Importers of food must also be licensed (§24). Particular foods are regulated in part V; section 27-29 regulate milk and cream substitutes; §30-32 slaughter of animals and sale of meat. Part VI addresses food hygiene; §33 gives the Minister authority to make regulations regarding the sale of food for human consumption and the manufacture, transport, storage, packaging, marking, exposure for sale, service or delivery of food intended for human consumption. Also, the Minister may make regulations for:

1. Prohibiting, restricting or regulating the sale or storage, possession or exposure for sale of any specified food, either generally or in any specified area of the United Republic or place or by any specified person or category of persons;
2. impose requirements as to the construction, layout, drainage equipment, maintenance, cleanliness, ventilation and extraction of fumes or heat, lighting, water supply and use of premises in at or from which food for human consumption is manufactured or stored, or sold, offered or exposed for distribution or sale;
3. imposing requirements as to the provision, maintenance and cleanliness of sanitary and washing facilities in connection with those premises, the disposal of refuse and the maintenance and cleanliness of apparatus, equipment, furnishings and utensils used in such premises, and in particular the regulations may impose requirements that every sanitary convenience situated in such premises be supplied with water through a suitable flushing appliance;
4. prohibiting or restricting spit on or in any other way littering premises where food for human consumption is manufactured or stored, or sold or offered or exposed for distribution or sale;
5. imposing requirements as to the clothing to be worn by persons engaged to work in those premises;
6. requiring the periodic medical examination of persons engaged in those premises or a category of the premises, the immunisation of those persons against any specified disease and prohibiting the employment or continued employment of any of them found to be suffering from any specified disease; and,
7. regulating generally the treatment and disposal of any food which is unfit for human consumption or any food which is condemned by a Magistrate or which is found by an authorised officer to be manufactured, distributed, or sold, or offered or exposed for sale contrary to any of the provisions of this Act.

Workers in certain food industries are also required to report to their employer certain illnesses; violation of this requirement is an offense (s.34). Medical officers are obligated to report food poisoning victims to a medical officer of health in order to prevent additional occurrences (§35).

Authorised officers are given authority to examine, seize, mark or destroy food (§37), to inspect meat (§38), to take samples (§39) and have samples analysed (§40). In addition, the Registrar may, if instructed by the Commission, call for information regarding composition of substances in food (§43). An authorised officer has power of entry (§44) and power to examine the course of food in transit (§45).

Section 47-57 address legal proceedings against accused violators of the Act. General penalties for violation of the Act are set forth in §62: First offenses are punishable with a fine up to 1,000 Tsh., a second offense up to 3,000 Tsh. and subsequent offenses up to 5,000 Tsh. Offenses after the first offense may also be punished with imprisonment. Under §63, the Minister is given authority to make regulations under the Act.