ENVIRONMENTAL LAW HANDBOOK FOR BUSINESSES

bulletIntroduction
bulletPreface
bulletAcknowledgement
bulletChapter 1.0 Introduction: Environment and Economic Development: A Context for the Business Sector
bullet1.1 Background
bullet1.2 The AGENDA for Environment and Responsible Development
bullet1.3 Purpose of this Handbook
bulletCHAPTER 2.0 Concepts in Environmental Law and Future Trends
bullet2.1 Introduction
bullet2.2 Environmental Law
bullet2.3 Subsidiary Legislation (Environmental Regulations)
bullet2.4 Environmental Indicators and Standards
bullet2.5 New Proposed Policy Instruments for Environmental Protection
bullet2.6 Public Participation
bullet2.7 Public Interest Litigation
bullet2.8 Conclusion
bulletCHAPTER 3.0 Overview of Environmental Laws and Institutions in Tanzania
bulletCHAPTER 4.0 Analysis of Laws Impacting the Environment in Specific Economic Sectors
bulletPart I: Productive Sectors
bullet4.1 Agriculture and Livestock
bullet4.1 A. Overall Contribution to Economy
bullet4.1 B. Key Environmental Issues
bullet4.1 C. Legal Requirements
bulletLocal Government Acts and Decentralization of Government Administration Act
bulletNational Land Use Planning Commission Act
bulletCattle Grazing Ordinance
bulletOther Relevant Agriculture and Livestock Laws
bullet4.2 Forestry and Marine/Fisheries Resources
bullet4.2 A. Overall Contribution to Economy
bullet4.2 B. Key Environmental Issues
bullet4.2 C. Legal Requirements
bulletForests Ordinance
bulletFisheries Act, 6/70
bulletOther Relevant Forestry and Marine/Fisheries Laws
bullet4.3 Wildlife Utilization
bullet4.3 A. Overall Contribution to Economy
bullet4.3 B. Key Environmental Issues
bullet4.3 C. Legal Requirements
bullet4.4 Industry
bullet4.4 A. Overall Contribution to Economy
bullet4.4 B. Key Environmental Issues
bullet4.4 C. Legal Requirements
bulletLocal Government (District and Urban Authorities) Acts, Nos. 7 and 8, 1982
bulletTown and Country Planning Ordinance, Cap. 378 and National Land Use Planning Commission Act, 3/84
bulletWater Laws
bulletNational Industries Licensing and Registration Act
bulletProtection from Radiation Act
bulletExplosives Act, 56/63
bulletTanzania Bureau of Standards Act, 3/75
bulletFactories Ordinance, Cap. 297
bulletPharmaceuticals and Poisons Act
you are hereTropical Pesticides Research Institute Act, 18/79
bulletFood Control of Quality Act, 10/78
bulletOther Relevant Industry Laws
bullet4.5 Mining
bullet4.5 A. Overall Contribution to Economy
bullet4.5 B. Key Environmental Issues
bullet4.5 C. Legal Requirements
bulletMining Act 17/79
bulletThe Petroleum (Exploration and Production) Act (no 27 of 1980)
bulletPetroleum Exploration and Production Act
bulletOther Relevant Mining Laws
bulletPart II: Economic Services Sectors
bullet4.6 Transport
bullet4.6 A. Overall Contribution to Economy
bullet4.6 B. Key Environmental Issues
bullet4.6 C. Legal Requirements
bullet4.7 Construction
bullet4.7 A. Overall Contribution to Economy
bullet4.7 B. Key Environmental Issues
bullet4.7 C. Legal Requirements
bullet4.8 Water (Supply)
bullet4.8 A. Overall Contribution to Economy
bullet4.8 B. Key Environmental Issues
bullet4.8 C. Legal Requirements
bullet4.9 Energy (Supply)
bullet4.9 A. Overall Contribution to Economy
bullet4.9 B. Key Environmental Issues
bullet4.9 C. Legal Requirements
bullet4.10 Tourism
bullet4.10 A. Overall Contribution to Economy
bullet4.10 B. Key Environmental Issues
bullet4.10 C. Legal Requirements
bulletNational Parks Ordinance, Cap. 412
bulletTourist Agents Licensing Act, 2/69
bulletNgorongoro Conservation Area Ordinance
bulletOther Relevant Tourism Laws
bullet4.11 Trade and Commerce
bullet4.11 A. Overall Contribution to Economy
bullet4.11 B. Key Environmental Issues
bullet4.11 C. Legal Requirements
bulletCHAPTER 5.0 Conclusion
bulletAppendix A: Sample Permits and Licenses

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Tropical Pesticides Research Institute Act, 18/79

This Act's purpose was to institutionalize a system for both research and regulation of pesticides in use in Tanzania. The Act creates the Tropical Pesticides Research Institute (TPRI) which has responsibilities among other things, to supervise and regulate the manufacture, importation, distribution, sale and use of pesticides in Tanzania and to administer the regulations made under the Act.

Pesticides are defined as "any matter of any description (including acaricides, arboricides, herbicides, insecticides, fungicides, molluscides, nematicides, hormonal sprays and defoliants) used or intended to be used, either alone or together with other material or substance - a) for the control of weeds, pests and disease in plants; or for the control of external vectors of veterinary or medical disease and external parasites of man or domestic animals or c) for the protection of any food intended for human or animal consumption."

The Act gives TPRI the authority to create six research committees. The most significant committee of interest to businesses is: the "Pesticides Approval and Registration Technical Committee." The responsibilities of the Committee are to: 1) Advise the Council on pesticides regulations, control and registration; 2) draw short and long-term pesticides registration programmes, and 3) review and formulate registration approval programmes consistent with the country's needs. Part V establishes the system of pesticide registration. No pesticides may be manufactured, imported, or sold in Tanzania without prior registration by TPRI. Registration application must be made to TRPI, which may opt to register the pesticide or refuse to register the pesticide. After a product is registered, its registration may also be canceled (section 16). All registrations and cancellations are to be listed in the Gazette. Penalties for violation of this section are a fine of up to 3,000 Tsh. or 3 months imprisonment, or both.

Labeling requirements are also specified in section 20 and include: a) name, b) percentage of active ingredients in proportion to weight, c) descriptions of precautions to be used, d) approval stamp from TPRI, e) name and address of person responsible for producing or manufacturing. The penalty for non-compliance with the labeling requirements is the same as above (s. 20). Inspectors are given authority under the Act to require information and take samples for analysis. Anyone may submit samples to TPRI for examination but must follow the proper procedures. Section V also provides generally for enforcement and legal proceedings, including a provision of corporate liability for violations of the Act.

TPRI may make regulations with the consent of the Minister for Agriculture regarding the following:

  1. how the facilities/services of the Institute may be provided to the public or other persons,
  2. management of the Institute
  3. discipline of employees
  4. fees, rates and charges for Institute services
  5. manner in which samples are to be taken,
  6. manufacturers, importers, sellers of pesticides, or substance used in manufacture of pesticides to keep and produce records/furnish returns to the institute
  7. minimum standards as to composition, efficacy of pesticides and substances capable of being used in manufacture of pesticides,
  8. registration procedures,
  9. forms, and
  10. anything else necessary.

Violation of the Act is an offense, and, unless otherwise specified, subject to a penalty of up to 3,000 Tsh. or 3 years (§42). Finally, the Minister may exempt any person from any or all provisions of the Act (§43).

Guidelines are available from TPRI for the Pesticide Registration Procedure (see : "Registration of Pesticides in Tanzania and a List of Approved Pesticides, 1992/93") and are included, in part, in Appendix D to this report.