THE UNITED REPUBLIC OF TANZANIA · Importers $ 50.00 annually ... E-mail ... Industrial and...

23
THE UNITED REPUBLIC OF TANZANIA ` INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENT AND CONTROL) ACT [No. 3 OF 2003] [REGULATION 2004] Printed by the Government Printer, Dar es Salaam -Tanzania

Transcript of THE UNITED REPUBLIC OF TANZANIA · Importers $ 50.00 annually ... E-mail ... Industrial and...

THE UNITED REPUBLIC OF TANZANIA `

INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENT AND CONTROL) ACT

[No. 3 OF 2003]

[REGULATION 2004]

Printed by the Government Printer, Dar es Salaam -Tanzania

INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENT AND CONTROL) ACT

[No. 3 OF 2003]

[REGULATION 2004]

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

SIX SCHEDULE

Ref. No. ………………………………………… ICC - 6

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH

Government Chemist Laboratory Agency, P.O. Box 164,

Dar es Salaam, Tanzania

CERTIFICATE OF ANALYSIS

(Made Under Section 41 of the Act) To be filled in Duplicate)

1. Name of the Client………………………………….…………………………… Postal Address…………………………………….……………….…………… Telephone No. …………………………………….…………………………… Fax No. ……….…..……………………………….…………………………… E-mail…………………………………………….……………………….……. 2. Vessels Name……………………………………….…………………………… 3. Chemical Name…………………………………….………………………….… 4. Country Origin…………………………………….…………………………….. 5. Name of Manufacturer………………………….……………………………….. 6. Quantity………………………………………….………………………….…… 7. Packing ………………………………………….………………………………. 8. Port of Shipment……………………………….…………………………….…... 9. Port of Discharge……………………………….…………………………….….. 10. Bills of Lading Date………………………….……………………………….… 11. Table of Results

Remarks………………………………………………………………………………. ………………………………………………………………………………………. ………………………………………………………………………………………. ………………………………………………………………………………………. Date…………………………………………………………………………………. Signature of Laboratory In-Charge…………………………………………………. Destination…………………………………………………………………………..

For (official stamp)………………………… Dar es Salaam, ANNA M. ABDALLAH, 28th July, 204 Minister of Health

21

Unit Test Results Specification Method

GOVERNMENT NOTICE No. 344 published on 17/9/2009

INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENT AND CONTROL) ACT

No. 3 OF 2003)

REGULATIONS

(Made under section 62)

THE INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENR AND CONTROL) REGULATIONS 2004

TABLE OF CONTENTS

Regulation Title

PART I

PRELIMINARY PROVISIONS 1. Citation. 2. Interpretation.

PART II

TRANSPORTATION, IMPORTATION AND EXPORTATION OF CHEMICALS 3. Requirements for person who transport, imports, exports, produces, stores Or deals in any chemical. 4. Issuance of Certificate on importation of a chemical. 5. Restriction of importation of a chemical. 6. Application for certificate to import a chemical. 7. Exportation 8. Importation and exportation of chemicals through authorized points. 9. Restriction on Transportation of Chemicals.

PART III

ADMINISTRATION AND FINANCIAL MATTERS 10. Fees 11. Loading or unloading of chemicals 12. Haulage 13. Spills and leaks 14. Certificate

1

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

FIFTH SCHEDULE

Ref. No. ………………………… ICC - 5

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH

Government Chemist Laboratory Agency, P.O. Box 164,

Dar es Salaam, Tanzania

REGISTRATION FEES

(Made Under Regulation 10)

(A) CHEMICAL REGISTRATION

Service Payable Fee Validity of Additional Payment Condition Provisional Registration $ 20.00 Per registration period

Registration /Renewal $ 30.00 Per registration period

Re-registration $ 30.00 Per registration period

Maintenance of registration $ 10.00 annually (B) PREMISES INSPECTION Service Payable Fee Validity of Additional Payment Condition Producers $ 75.00 annually

Importers $ 50.00 annually

Transporters $ 50.00 annually

Storage $ 50.00 annually

Dealers $ 50.00 annually

(C) CHEMICAL ANALYSIS Service Payable Fee Validity of Additional Payment Condition Analysis of chemicals $ 50.00% Minimum per Depending on

sample nature of sample

and parameters

requested

Import processing $0.50% per consignment FOB

Export processing $0.25% per consignment FOB

Variation of certificate $10.00 per consignment

20

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

15. Training on chemical Management 16. Provisional clearance 17. Application for renewal of registration

PART IV

ESTABLISHMENT OF COMMITTEES

18. Chemical Inspection Committee. 19. Emergency Response Committee. 20. Functions of Emergency Response Committee. 21. Qualifications of Inspectors. 22. Disqualification of inspectors. 23. Composition of Chemical Registration Committee. 24. Function of Chemical Registration Committee. PART V GENERAL PROVISIONS 25. Precursor chemicals. 26. Prior Informed consent chemicals. 27. Issuance of Certificate. 28. Economic Instruments. 29. Waste disposal facilities. 30. Risk Assessment and Risk Management. SCHEDULES

PART I PRELIMINARY PROVISIONS

1. These Regulations may be cited as the Industrial and Consumer Chemicals (Management and Control) Regulations, 2004 and shall come into operation on the date of publication. 2. In these Regulations, unless the context otherwise requires. “Act” means the Industrial and Consumer Chemicals (Management and Control) Act, 2003;

“chemical” means industrial or consumer chemical or chemical product which is a substance in any form whether by itself or in a mixture or Preparation whether manufactured or obtained naturally but excludes Medicines, pesticides, radioactive, food additives and any other substance that has therapeutic effects;

2

Citation

Interpre-tation Act No. 3 of 2003

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.) Maintenance of the Facility (attach copies of relevant information. Accidents management Procedures (attach copies). Contingency Plans (attach copies).

I certify that the information provided above is completed and correct. Signature of the Applicant…………………………………………………………….. Designation……………………………………………………………………………. Date……………………………………………………………………………………. Official stamp…………………………………………………………………………. FOR OFFICIAL USE ONLY Date of Receipt of Application………………………………………………………… Fees Receipt No……………………………………………………………………….. Approved ( ) Rejected ( ) Registration No. ……………………………………………………………………….. Date ………………………………………………………. ………………………………………… …………………………………….. Signature of the Registrar For (official stamp)

FOURTH SCHEDULE

Ref. No. ……………………… ICC-4

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH Government Chemist Laboratory Agency

P.O. Box 164 Dar es Salaam, Tanzania

RISK ASSESSMENT AND RISK MANAGEMENT (RAS & RM) PROGRAMME (Made under Regulation 30)

The Risk Assessment and Risk Management Programme as prescribed under Section 45 (2) of the Act shall include the following: (i) Identification of hazards; (ii) Indication of persons or group at risk; (iii) Mitigation measures to prevent hazards (iv) Communication methods and Procedures in case of risk indents; and (v) Frequency of Review of Risk Assessment and Risk Management Programme.

19

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.) “Consumer chemical ’’ means any chemical or a chemical product used in the domestic household, or in any non industrial process; “Contingency plans” means procedure for dealing with chemical accidents or spillages; “designated laboratory” means the Government Chemist Laboratory Agency and any other laboratory appointed by the Minister to carry out analysis under this Act; “FOB” means Freight on Board; “dealer” means any person engaged in sale, distribution and use of a chemical; “GCLA” means Government Chemist Laboratory Agency; “Industrial chemical” means any chemical or product used or intended for use in Industrial process; “Minister” means the Minister responsible for matters related to chemicals management and control; “Prior informed consent” means the principle that a chemical which has been banned or severely restricted for health or environmental reasons in one country should not be exported to countries participating in the procedure without their prior informed consent; “primary containers” means a container or any other articles in which chemicals regulated under this Act are enclosed; “processing fee” means fees paid for processing registration, application and services provided under this Act; “producer” means a person or other entity in the public or private sector or any individual engaged in the business or function whether directly or through an agent or an entity controlled by or under contract with it, of preparing, mixing or producing a chemical; “package” in relation to any chemical products regulated under this Act Means any box, packet or any other article in which one or more primary containers of products regulated under this Act are to be in one or more other boxes, packets or articles in question the collective number thereof; “OSHA” means Occupational Safety and Health Agency; “relevant authority” mean institution with mandate in chemicals management and control;

3

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

This certificate is valid until:

Date …………………………...Month……………...Year……………….

Dated…………………………..Certificate No……………………………

Signature of the Registrar……………………..

………….……………………..

For (official stamp)

THIRD SCHEDULE Ref. No. ……………………… ICC-3

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH

Government Chemist Laboratory Agency P.O. Box 164

Dar es Salaam, Tanzania

APPLICATION TO OPERATE WASTE DISPOSAL FACILITY (Made under Regulation 29) (To be filled in Duplicate)

Separate form is required for each Facility

1. Particulars of the Applicant:-

Name ……………………………………………………………………………………….. Postal Address………………………………………………………………………………. Telephone No. ……………………………………………………………………………… Telephone No. ……………………………………………………………………………… Fax No. ……………………………………………………………………………………... E-mail……………………………………………………………………………………….. 2. Details of the Facility:- Type/Model/Producer/Year…………………………………………………………………. Capacity of the facility………………………………………………………………………. Location……………………………………………………………………………………... Physical Address……………………………………………………………………………. Telephone No……………………………………………………………………………….. Fax No. ……………………………………………………………………………………... E-mail………………………………………………………………………………………..

3. Name of Supervisor…………………………………………………………………………… Qualification (s) of Supervisor………………………………………………………………… 4. Additional Information:-

Types of chemical wastes to be incinerated. Physical state of chemical to be incinerated.

18

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

“Secondary container” means any box, packet or any other article in Which one or more primary containers are enclosed; “warning signs” means signs placed to make aware of a possible danger or harm.

PART II TRANSPORTATION, IMPORTATION AND EXPORTATION OF CHEMICALS

3.-(1) Every person who transports, imports, exports, produces, stores,

deals in any chemical shall: (a) ensure the creation of awareness to the public on the inherent

risks of indiscriminate use and misuse of chemicals;

(b) maintain appropriate and adequate personal protective gears, antidotes, first aid facilities and ensure enforcement of their use;

(c) provide adequate facilities to ensure that all materials and equipment

are in safe condition;

(d) inform, instruct, supervise and train employees on safety and health aspects for safe performance;

(e) set and adhere to code of practice and guidelines on the safe use

and handling of chemicals;

(2) Every producer of a chemical shall take all appropriate measures to establish and maintain a quality control laboratory and where not

possible, shall engage the services of a designated laboratory;

(3) Every producer of a chemical shall submit samples of the finished Products to the designated laboratory to monitor the quality and safety

according to acceptable specifications before being distributed; (4) (a) every person dealing in a chemical shall require a certificate;

(b) validity of the registration certificate shall end at 30th June of

each financial year;

(c) maintenance of the certificate shall be at a fee as prescribed in the Fifth Schedule of these Regulation.

(5) Any person who contravenes or fails to comply with this Regulation commits an offence;

4. - (1) The Board may issue any of the following certificates subject to

such conditions as it may impose:- (a) Import certificate in the form (e) set out in the Tenth Schedule of

the Act authorizing the certificate holder to import any registered chemicals;

4

Issuance of Certi- ficate on Importa- tion of Chemical

Require- ments for persons who transports, exports, produces, stores or deals in any chemical

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

FOR OFFICIAL USE ONLY Date of Receipt of Application………………………………………………………… Fees Receipt No……………………………………………………………………….. Approved ( ) Rejected ( ) Registration No. ……………………………………………………………………….. Date ……………………………………………………….

………………………………………… …………………………………….. Signature of the Registrar For (official stamp)

SECOND SCHEDULE

Ref. No. ……………………… ICC-2

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH Government Chemist Laboratory Agency

P.O. Box 164 Dar es Salaam, Tanzania

PROVISIONAL REGISTRATION CERTIFICATE (Made under Regulation 17) (To be filled in Duplicate)

1. Name of Applicant ……………………………………………………………… Postal Address…………………………………………………….……………. Telephone No. …………………………………………………………….…… Fax Number. ……….…..………………………………………………………. E-mail…………………………………………………………………….……..

2. Premises Registration No. ………………………………………………………. Physical Address ………………………………………………………………… 3. Chemical name…………………………………………………………………… 4. Trade name of a chemical………………………………………………………… This is to certify that the above-mentioned person has been approved and provisionally registered in Tanzania to operate as a ………………………………………….. (Category: producer, importer, exporter, transporter, warehouse operator) for the Chemical (s) mentioned above, under the following conditions: …………………………………………………………………………………… …………………………………………………………………………………… ……………………………………………………………………………………

17

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

(b) import certificate in the form (e) set out in the Tenth Schedules to the Act authorizing the certificate holder to import any restricted or unregistered chemical for purpose of re search or education; (2) Every certificate shall be personal to the certificate holder named therein and shall not be transferable to any other person; (3) No, person other than a person with a certificate under the provisions of these Regulation may import into Tanzania a registered chemical; (4) Any person who fails or refuses to comply with the provisions of this regulation shall be quility of an offence ; 5. -(1) No person shall import any chemical unless:- (a) that person has been issued with a certificate from the Board; (b) that person has paid the importation fee prescribed under these regulation; (2) The Board shall require a certificate of analysis from an importer of chemicals from the country of origin; (3) The Board may determine such amounts of chemical as it deems fit, and if it is in the public interest to be approved for importation at any particular time; (4) It shall be the duty of the importer to notify the Registrar by giving details of the consignment and to produce proforma invoice before importation of the chemical is effected; (5) Upon arrival at the port of entry the consignment shall be inspected and samples taken for analysis according to section 39 of the Act within seven days of its arrival before the consignment is allowed into the country; (6) Any person who fails to comply with the provisions of this Regulation shall be guilty of offence; 6.- (1) Every application for a certificate to import any registered chemical shall be in the form set out in the First Schedule to these Regulations and shall be accompanied by the fee prescribed by Regulation 10; (2) Any application for an import certificate for an importer of any registered chemical shall furnish such documents, particulars or information as the Board may require;

5

Re-striction of impor-tation of chemi-

Applica-tion for Certificate to import a chemical

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

FIRST SCHEDULE

Ref. No. ……………………… ICC-1

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH Government Chemist Laboratory Agency

P.O. Box 164 Dar es Salaam, Tanzania

APPLICATION FOR A CERTIFICATE TO IMPORT CHEMICALS (Made under Regulation 6) (To be filled in Duplicate)

1. Name of Applicant ………………………………………………………………….……….………....

Address…………………………………………………...………………………….…..………….….

Qualification of Applicant.………………………………………………………….………….……....

Telephone Number. ……….…..……………………………………………………….…….…….…..

Fax Number…………………………………………………………………………………..…….….

E-mail…………………………………………………………………………………………...…..…

2. Location of the business. ……………..………………………………….…………………………...…

3. Name and Qualifications of persons (s) who will be in charge of handling chemicals ………………...

………………………………………………………………………………………………….….…....…

……………………………………………………………………………………….……….…..…....….

4. Chemicals to be imported 5. Proforma invoice number…………………………………………………………………(attach copy)

6. The importation wil be made during the period:

Date……………………….………. month…………………...…………...Year………………………

To Date……………………………. month……………………………….Year………………………

I certify that the above information is completed and correct

Date ………………………………….…….…..Signature of Applicant………….………...…….………

Designation………………………………………………….………………...………...………………...

16

S/No.

NAME OF

CHEMICAL

REGISTERED

YES/NO

REGISTRATION

NO.

QUANITY

UNIT

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

(3) Any person who knowingly, supplies false or misleading information in applying for any import certificate of any chemical shall be guilty of an offence; 7.-(1) Any person who wishes to export any chemical shall apply to the

Registrar for export certificate in the prescribed Form accompanied by a fee set out under Regulation 10; (2) The exporter shall notify the Registrar by giving details of the consignment, and produce procurement order before exportation of the chemical; (3) A authorized exporter of chemicals who exports any registered chemical shall keep a full and accurate record of all such export; (4) No person other than certificate holder for export may export any chemical from Tanzania; (5) Any person who fails or refuses to comply with the provisions of this Regulations shall be guilty of an offence; 8- (1) The official entry points for chemicals in the country for importation and exportation of chemicals through authorized points are sea, air, roads, railways through ports and land posts bordering neighbouring countries which are approved by the Government for the purpose of better control of chemical (2) Subject to Sub-Regulation (1) of this Regulation the following areas are approved or designated to be the port of entry for all chemicals into and from the country:- (a) Dar es Salaam International Airport; (b) Dar es Salaam Harbour; ( c) Kilimanjaro International Airport; (d) Horohoro; (e) Holili; (f) Namanga; (g) Sirari; (h) Mwanza; (i) Tanga; (j) Kigoma; (k) Tunduma; (l) Kyela; (m) Mtwara;

6

Expor-tation

Importa-tion and Exporta-tion

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

(2) The certificate issued under the sub-regulation (1), shall not be renewed and where the applicant shows sufficient reason the Board may extend the certificate for a period not exceeding twelve months after which the applicant shall be required to apply for Registration. 28.-(1) The Board may set up economic instruments to manage chemicals and chemical wastes for the purpose of preventing and mitigating envi- ronmental degradation and such instruments shall not be limited to:- (a) environmental tax;

(b) tax relief;

(c) processing fees;

(d) deposit refund schemes;

(e) resource pricing;

(f) user charges;

29. Any person who applying to operate waster disposal facilities must apply to the Board or Registrar in the manner and form set out under the Third Sched- ule to these Regulations.

30. The certificate holder for highly hazardous chemical shall submit to the Board a summary of the Risk Assessment and Risk Management program as pre-scribed under the Fourth Schedule to these Regulations.

SCHEDULE

15

Eco-nomic instru-ments

Waster Disposal Facilities

Risk As-sessment and Risk Manage-ment

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

(n) Mtukula (o) Isaka 9.-(1) No person shall transport any chemical appearing under Schedule 3 and 6 of the Act; under any circumstances in a vehicle in which food and and animals are being transported; (2) Upon declaration of goods to be transported, the client shall submit to the transporters all the necessary information on the consignment including those from material safety data sheet (MSDS), the type and quantity of chemicals, address of the supplier, recipient, and contacts of relevant controlling authorities; (3) Transporters must be authorized and knowledgeable in chemical handling skills and shall have: (a) skilled laboures in handling chemicals and providing training and formation To workers on continuous basis; (b) appropriate handling equipment as specified by relevant authorities; (c) appropriate protective gear; (d) emergency preparedness techniques for handling spills, leakages, fire and Explosion as approved by relevant authorities; (e) proper vehicles for transporting chemicals and other equipment as specified By relevant authorities; (4) Vehicle carrying chemicals shall be:- (i) road worthy; (ii) prohibited from carrying passengers; (iii) itted with communication system; (iv) provided with appropriate first aid facilities; (v) free from rodents, termites, and other destructive pests that damage paper, Boards, plastics, metal or fiber; (vi) made of floors that are impermeable or non-absorbent material.

(5) Drivers of vehicle carrying chemicals shall be required to undergo special training from recognized institutions.

7

Restriction on Transporta-tion of Chemicals

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

PART III

ADMINISTRATION AND FINANCIAL MATTERS

10.-(1) Fees shall be charged for services provided for under the Act.

(2) Without prejudice to the generality of sub-regulation (1) of this Regulation, a fee as prescribed under Fifth Schedule to these Regulations, Shall be payable for the following services, namely:-

(a) Chemical Registration for:

(i) provisional registration;

(ii) registration;

(iii) renewal;

(iv) maintenance of registration; and

(v) re-registration.

(b) Premises inspection for:

(i) producers;

(ii) importers; (iii) transporters;

(iv) storage; and (v) dealers in chemicals.

(c) chemical analysis;

(d) import processing;

(e) export processing;

(f) variation of certificate.

11.-(1) Any person loading or unloading chemicals from vehicles or vessels shall ensure that the chemicals are separated from people, foodstuff, livestock, pharmaceuticals or other materials prescribed by appropriate authorities; (2) Supervisor involved in the loading and unloading of chemicals shall ensure that personnel:-

(a) wear appropriate personal protective equipment;

(b) avoid actions that may cause accidents or spill;

(3) Any person loading and unloading chemicals shall ensure that;-

(a) All protruding and sharp edges which can puncture containers are cleared from the way;

(b) containers are securely sealed;

8

Fees

Loading or Unloading of chemicals

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

(c) to evaluate applications for registration of chemicals and advise the Technical Committee on the same manner; (i) to promote public awareness on safe handling of chemicals; (ii) to perform such other functions or activities as may be assigned by the Board.

PART V GENERAL PROVISIONS

25.-(1) Any person dealing with precursor chemicals listed under the Seventh Schedule of the Act shall conform to the requirement of International Drug Control Convention and shall:- (a) keep record on all sales, purchases, use, distribution, storage of precursor chemicals whether expired or not; (b) report on the amount of precursor chemicals exported or import- ed annually quantities held in stock by 30th June; (c) report to the relevant authority their annual consumption; (2) All institutions controlling precursor chemicals listed under the Seventh Schedule of the Act shall be required to: (a) keep records of all dealers of precursor chemicals; (b) report to the National Focal point responsible for controlled substances the estimates of annual consumptions and if any seized amount of precursor chemical. 26. Any Certificate holder who import, export or handles Prior Informed Consent Chemicals listed under the Eight Schedule of the Act shall be required to:- (a) take such measures necessary so as to conform to the Rotterdam convention requirements; (b) ensure, to the extent practicable, that the public has appropriate access to information on chemical handling, accident management and on alternatives that are safer for human health or the environment than the chemicals listed in the Eight Schedule of the Act. 27.-(1) The Board may issue a certificate for specific purposes for a specified period not exceeding twenty four months as specified under section 21 of the Act;

14

Precursor Chemicals

Prior Informed Consent Chemicals

Issuance of Certificate

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

(c) where the Minister believes that the inspector cannot properly Executive his duties. 23.-(1) There shall be established a Chemical Registration Committee Which shall comprised of: (a) the officer in charge of Pesticide Registration and Control Divi- sion from the Tropical Pesticides Research Institute; (b) a representative of Chemical and Process Engineering Depart- ment from the University of Dar es Salaam; (c) a representative of Chemistry Department from the University of Dar es Salaam; (d) a representative of Decorate of Pollution Control from the National; Environmental Management Council; (e) a representative of Directorate of Standards from the Tanzania Bureau Standards; (f) a representative of Directorate of Industries from the Ministry responsible for Industries and Trade; (g) a representative of Ant drug Unit from the Ministry responsible for Home Affairs. (h) a representative of Directorate of Product Evaluation and Registration From the Tanzania Food and Drug Authority; (i) a representative of Directorate of Water and Sanitation from Ministry Responsible for water; (j) a representative of Association of Chemical Industries; (k) a Manager of Chemicals Management Division of the Government Chemist Laboratory Agency, who shall be the secretary to the Committee; (1) the Committee may co-opts any expert when the need arises; (2) The Committee shall elect its chairman amongst the members; (3) The Tenure of the committee shall be three years; (4) The quorum of the meeting shall be Fifty percent; 24. The functions of the Committee shall be:- (a) to advise the Chief Government Chemist and Technical Committee on Chemical Management and Control; (b) to advise the Chief Government Chemist and Technical Com- mittee on Chemical Management and Control;

13

Composi-tion of Chemical Registra-tion Committee

Function of Chemical Registration Committee

Industrial and Consumer Chemicals (Management and Control)

G.N. No. 344 (Contd.)

(c) over-loading is avoided; (d) delicate items are properly packed; (e) cross-reactive chemicals are properly segregated; (4) (a) any person carrying or conveying chemicals shall ensure that, The vehicle is labeled with conspicuous legible hazardous chemicals identities; (b) every vehicle shall be thoroughly cleaned after unloading any chemical consignment; 12-(1) authorized transporters of chemicals shall be required to: (a) avoid high speed, rough roads, falls, dropping, spillage or con- tact with people or animals; (b) avoid road haulage during peak hours; (c) choose a well selected route, short, free of obstacles; (d) avoiding large number of people, traffic and water source; (e) enroute vehicles transporting flammable chemicals shall only be; refueled on designated petrol stations or service stations; (f) vehicle transporting chemicals shall only be parked at designated places; (g) enroute vehicles transporting flammable chemicals shall only be refueled on designated petrol stations or services; (2) Relevant authority shall prescribe the kind of security escort required while transporting highly hazardous chemicals; (3) GCLA in consultation with other relevant authorities shall designate Parking places for vehicles transporting chemicals; 13-(1) In case of spillage or leakage transporters or other handlers of chemical shall: (a) deal with spillage and leakage promptly in accordance to approved Contingency plans or emergency plans at set out in section 46 of the Act; (b) refer to Material Safety Data Sheets or instructions on the label; (c) use appropriate protective gear; (d) keep people and animals away from that area of spillage or leakage; (2) Where appropriate:

9

Haulage

Spills and Leaks

Certificates

Industrial and Consumer Chemicals (Management and Control)

G.N. No. 344 (Contd.)

(a) avoid use of naked flames, smoking or any source of ignition near the the spillage or leakage; (b) ensure that sawdust, and or dry soil is spread over the area of the spill and left for a few minutes to soak up the chemicals; (c) ensure that the sawdust, sand or dry soil containing absorbed spilled chemicals is swept or shoveled up and placed in a marked container ready for safe disposal as set out in section 44 of the Act; (3) Ensure that spillage is dealt with or handled with two or more people vested with the knowledge of handling chemical spillage. (4) Any person who deals with chemical spillage shall ensure that liquid Spills are not hosed down, as this will disperse the chemical over a wider. (5) Any person who give false information in the reporting accidents or Spills shall commit an offence under the Act. 14.-(1) The Board may issue a certificate for specific purposes for a specified period not exceeding one year as specified under Section 21 of the Act. (2) the certificates issued under sub-regulation (1) shall not be renewed and were applicant shows cause, the Board may extend the certificate for a period not exceeding twelve months after which the applicant will be required to apply for Registration. 15.-(1) Any person who applies for registration of a chemical must prove to the Registrar that; the person directly supervising personnel handling chemicals has undergone training on chemicals management from recognized institutions. (2) The Government Chemist Laboratory Agency or a designated Institution in the behalf shall be responsible for conducting courses on chemicals management for certificate holders. 16. The Registrar shall issue a provisional clearance according to section 22 (2) of the Act as set out under Second Schedule of these Regulations. 17. -(1) Any person applying to renew the registration of a chemical shall submit to the Registrar and application 3 months before the expiry date of the current registration period. (2) Where the application for renewal is made in time the Board shall decide on the application before the end of the registration.

10

Training on Chemical Manage- ment

Provisional Clearance Application for renewal of Registra- tion

Industrial and Consumer Chemicals (Management and Control

G.N. No. 344 (Contd.)

PART IV 18.-(1) There shall be established an Inspection Committee whose composition shall be of Experts from- (a) Fire and Emergency Services Unit, from the Ministry of Home affairs; (b) Directorate of Building and Construction, from the Ministry responsible for

Works;

(c) Occupational Safety and Health Agency ;

(d) Tanzania Bureau of Standards;

(e) Chemical and Process Engineering Department. University of Dar es Salaam;

(f) In-Charge of Inspectorate Services, Pesticides Registration and Control Division,

TPRI;

(g) Association of Chemical Industries;

(h) The committee may Co-Opt any person when the need arises;

(i) In charge of Inspectorate services, Government Chemist Laboratory Agency,

who shall be the Secretary to the Committee.

(2) The Committee will elect at it’s first meeting any person amongst of the members to

be a chairperson.

(3) The tenure of the Committee shall be three years.

(4) The quorum for the meetings shall be fifty percent.

19.-(1) The Emergency Response Committee shall comprise of experts from:

(a) The Prime Minister’s Office (the Director of Disaster Management who will be

the Chairperson of the Committee).

(b) Ministry responsible for Home Affairs (Fire and Rescue Brigade; Police forces);

(c) Ministry responsible for water;

(d) National Environment Management Council;

(e) Ministry responsible for Regional Administration and Local Government (Chemical or

Environmental Expert);

(f) Occupational Safety and Health Agency;

(g) Ministry responsible for Health, (Head of Disaster Management, Regional Medical Officer);

11

Chemical Inspection Commit-tee

Emergency Response Committee

Functions of the Emergency Response Committee

Industrial and Consumer Chemicals (Management and Control)

G.N. No. 344 (Contd.)

(h) Tanzania Food and Drug Authority;

(i) Tanzania Harbours Authority, (Fire and Safety Department);

(j) Private Fire Rescue Services Company; (k) Co-opt other member according to the case; (2) The Registrar who shall be the Secretary to the Committee; (3) The Tenure of the committee shall be three years; (4) The quorum for the meetings shall be fifty percent; 20.-(1) The functions of the Emergency Response Committee shall be:- (a) to evaluate and advise on the suitability of the contingency plans submitted by the applicant; (b) to develop contingency plans for dealing with emergencies in collaboration with the applicant, if need be at free; (c) to prepare disaster preparedness and contingency plans; (d) to implement the approved contingency plans in case of emergencies; (e) to advise the Board on how to deal with emergencies and accidents; (f) to liase with any other Disaster Management Authorities or institution established under any written laws when so established, and to ensure Collaboration with al stakeholders; (2) to perform such other incidental or consequential activities necessary for the carrying out of its functions as may be assigned by the Board; 21.-(1) The Minister when appointing inspectors under section 36 of the Act shall Consider persons with the following qualifications:- (a) at least a diploma or its equivalent in chemical related Sciences; (b) must have successfully completed an inspector’s course in chemicals Management, from recognized institutions. (2) The appointed inspector shall be given an identification by the Board which shall be carried and produces whenever necessary during all times of executing his duties. (22) An inspector shall cease to be an inspector in the occurrence of the following Incidence:- (a) retirement as an inspector; (b) misconduct which results to breaching of the provision to this ACT; 12

Qualifica-tion of Inspectors

Disqualifica-tion of In-spectors