TEA BOARD OF TANZANIA
GUIDELINES FOR THE IMLEMENTATION
OF THE TEA ACT AND TEA
REGULATIONS
(Made under Regulation 62 of the Tea Regulations, 2010)
Working Instructions for Tea Inspectors and all
Tea Industry Stakeholders
Tea Board of Tanzania
1st Floor, Tetex Building, Pamba Rd
Tel: +255 22 211 4400, Fax: +255 22 211 4400
Email: [email protected]
P. o. Box 2663, Dar es salaam, TANZANIA
www.teaboardtz.org
NOTICE
These instructions are for guidance and easy reference only. You must always refer
to the appropriate Tea Industry Act Cap. 275 R.E, 2002 (as amended in 2009) and Tea
Regulations, 2010 (GN. No. 421) to ensure compliance with Tea Inspection
procedures.
i
FOREWORD
The Tea Board of Tanzania is dedicated to improving the quality and quantity of tea
produced in Tanzania through ensuring adherence to the appropriate standards
governing production, process and marketing of green leaf tea and made tea. In
order promote quality standard, the Board through tea legislation is empowered to
designate or appoint Inspectors to work closely with the green leaf tea growers and
other dealers of tea and assist them to comply with provisions of enabling law and
regulations as far as tea production, processing, packaging and marketing are
concerned.
This guide has been developed pursuant to the regulation 62 of the Tea Regulations,
2010 (GN.No.421/2010)to assist the Inspectors in understanding the requirements of
the current tea legislation as regard to the regulatory functions of the Tea Board of
Tanzania hence ensure that they administer properly their roles as provided for
under the law..
The guide governs procedures which are required to be followed and complied for
by the Inspectors in their general and specific duties as regard to the Inspectorate
services being one of the regulatory roles of the Tea Board of Tanzania as prescribed
under the Tea Industry Act (Cap. 275) and the Tea Regulations of 2010.
The guideline applies to any person who is interested or engaged in the production
of green leaf tea as tea grower, tea processor, manufacturer, blenders/packers,
sellers, exporter of made tea, owners of premises for tea storage and any dealers of
tea products.
The guideline provides information concerning procedures and role of Inspectors in
all aspect of tea production, processing, manufacturing, marketing, or selling. The
guide will assist the Inspectors and general stakeholders to understand in detail all
requirements governing the tea industry as far as regulatory process is concerned. It
is expected that all person engaged in the tea business as Inspectors will use the
guide in order to comply with the requirements of the tea industry legislation.
This Guide is intended to assist Tea Inspectors appointed by the Tea Board of
Tanzania under the Tea Regulations in their official duties and as a reference guide
for official tea inspection. It is also available on Tea Board of Tanzania website at
http://www.teaboardtz.org/
The first part of the booklet is an introduction to tea legislation, role of inspection
and aspects of tea inspection. It is followed by sections giving detailed guidance for
the function, powers and duties of Inspectors. Third part is on descriptions and
ii
guidance on how to undertake inspection and part Four is on the acts or omissions
which may be construed as breaches under the appropriate Tea laws and part Five is
on action to be taken by an Inspector.
Inspectors must be familiar with these Instructions, bearing in mind subsequent
alterations by new laws. For detailed guidance to dealing with tea business in
Tanzania, please refer to the appropriate Tea Act and Regulations
The Tea Board of Tanzania is committed to providing the highest quality
Inspectorate service to the tea industry. This commitment extends to improving the
quality of tea produced or sold in the country in order to meet the international
acceptable standard and protecting the consumers. .
TEA BOARD OF TANZANIA
Eng. Mathias Assenga Benedict
DIRECTOR GENERAL
iii
DEFINITION OF THE TERMS
In the context of this guideline, the following terms shall be defined as follows:
“Act” means the Tea Industry Act of (Cap. 275 R.E, 2002) as amended in 2009
“Agency” or “TSHTDA” means the Tanzania Smallholder Tea Development Agency
established under section 3 of the Act
“Association” means an association formed and registered under the Societies Act.
“Authorized officer” means an officer appointed by the Director or the Board to act
on behalf of the Director or the Board.
“Board” means the Tea Board of Tanzania established under section 3 of the Act.
“Cooperative Society” means a Cooperative society formed and registered under the
Cooperative Societies Act.
“Director” means the Director responsible for Crop Development in the Ministry;
“Estate” means an area of not less than 200 hectares of land planted with tea and has
a primary processing factory attached to it;
“Financier” includes green leaf buyers, factory investors, or bankers on the other
part.
green leaf buyer” means a person, association or company licensed by the Board to
buy green leaves from a registered grower for processing into made tea using his
own processing factory;
“green leaf tea” means leaf detached from tea plants but not dried or processed in
any way;
“Grower” includes an individual grower, cooperative society, association or
company cultivating tea and registered by the Board;
“Indicative price” means minimum green leaf price pronounced by the Board after
consultation with tea stakeholders;
“made tea” means the leaf of the tea plant when manufactured;
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“small scale grower” means a grower holding less than 20 hectares of land planted
with tea;
“large scale grower’’ means a grower holding over 200 hectares of land planted with
tea;
"local government authority" means a district authority, or urban authority
established under the Local Government (District Authorities) Act and the Local
Government (Urban Authorities.) Act;
“manufacturing” means conversion of green leaf tea into made tea;
“medium scale grower’’ means a grower holding not more than 200 hectares but not
less than 20 hectors of land planted with tea;
“Minister” means the Minister responsible for Agriculture;
“Ministry” means the Ministry responsible for Agriculture.
“Out grower” means a grower who supplies green leaf to a tea processing factory;
“premises” means land, building, factory, erection, vehicle, or receptacle whatsoever
for the purpose of growing, sorting, processing, blending or transporting;
“Register” means a register of the tea growers maintained under section 14 of the
Act;
“Regulations” means the Tea Regulations, 2010
“reg. or Reg” means regulation in the Tea Regulations, 2010.
“Sec. or Section” means section in the Act.
“shared function" means a joint function to be undertaken by all tea stakeholders as
may be agreed upon including research, training, extension services, inputs supply,
tea crop development, crop promotion, tea infrastructure development, generic
promotion of tea consumption and promotion of fair trade and competition;
“Tea Industry” means the growing, manufacturing, blending and packing of tea;
v
“stakeholder” means a person or organizations dealing in tea industry including the
government, local government authorities, co-operative societies, the Board, the
Agency, Tea Research Institute of Tanzania, Smallholders Tea Growers Association,
Tea Association of Tanzania and private players such as producers, input suppliers,
research and extension institutions and all persons with vested interest in the tea
industry;
“stakeholders meeting” means a meeting of all tea stakeholders as a forum for the
purposes of promoting the development of the tea industry, including:(a)
Putting in place mechanisms for the management and funding of the shared
functions;
(b)
Making procedures for conducting annual general meetings;
(c)
Determine modalities for financing its activities and meetings; and
(d)
Establishing stakeholders' secretariat and other organs for better carrying out
the shared functions.
“tea” means the tea plant known botanically as Camellia Thea Thea (Sinensis) and
includes its seed;
“tea buyer” means a tea blender or packer licensed to buy made tea from local tea
processors for blending and packing;
“tea blending” means the process of mixing different grades and types of made tea
from different factories and areas into a standard blend;
“tea dealer” for the purpose of registration includes a grower, processor, blender and
packer, exporter and importer of tea;
“tea packing” means the process of packing blended tea;
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TABLE OF CONTENT
NOTICE…………………...………………………………………………………………….i
FOREWORD………...……...…………………………………………………………...…..ii
DEFINITION OF TERMS………………………………………………………………...iv
TABLE OF CONTENT……………………………………………………………………vii
1.0 INTRODUCTION………………………………………………………………………1
1.1 INTRODUCTION TO TEA LEGISTRATION ........................................................................ 2
1.2 ROLE OF INSPECTION AND ASPECTS OF TEA INSPECTION ............................................. 2
1.2.1 Appointment of tea inspectors .................................................................. 2
1.3 THE FUNCTION, POWERS AND DUTIES OF TEA INSPECTORS .......................................... 2
1.3.1 Functions of tea inspectors......................................................................... 2
1.3.2 Powers of tea inspectors ............................................................................. 3
2.0 REGISTRATION OF TEA DEALERS..………………………………………………5
2.1 CONDITIONS FOR REGISTRATION .................................................................................. 5
2.2 RESTRICTION ON GROWING OR SELLING GREEN LEAF TEA WITHOUT
REGISTRATION ............................................................................................................... 5
3.0 CONDITION FOR TEA PRODUCTION……………………………………………6
3.1 CROP HUSBANDRY ......................................................................................................... 6
3.2 USE OF AGRICULTURAL INPUTS ..................................................................................... 6
3.3 RESTRICTION ON PLANTING MATERIALS ...................................................................... 7
3.4 QUARANTINE MATTERS ................................................................................................. 7
3.5 ENVIRONMENTAL PROTECTION .................................................................................... 8
3.6 SAFETY AND HYGIENE OF PREMISES .............................................................................. 8
4.0 LICENCES AND PERMITS...…………………………………………………………9
4.1 RESTRICTION OF DEALING WITH TEA WITHOUT LICENCE ............................................. 9
4.2 ILLEGAL MANUFACTURE OR POSSESSION OF TEA ......................................................... 9
4.3 TERMS AND CONDITIONS FOR GREEN LEAF TEA BUYING LICENCE ............................... 9
4.4 TERMS AND CONDITIONS FOR TEA MANUFACTURING LICENCE ................................. 11
4.5 TERMS AND CONDITIONS FOR TEA BLENDING AND PACKING LICENCE ..................... 11
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5.0 INSPECTION, QUALITY ASSUARANCE, GRADING AND WEGHING...…13
5.1 ENTRY AND INSPECTION ............................................................................................. 13
5.2 QUALITY CONTROL ...................................................................................................... 13
5.3 WEIGHING OF GREEN LEAF TEA .................................................................................. 13
5.4 CERTIFICATION OF WEIGHING EQUIPMENT ................................................................ 14
5.5 GRADING OF MADE TEA .............................................................................................. 14
5.6 TEA WASTE .................................................................................................................. 14
6.0 CONTRACT FARMING….………………………………………………………..…15
6.1 SALE AGREEMENT........................................................................................................ 15
6.2 OBLIGATION OF A BUYER IN THE SALE AGREEMENT ................................................... 15
6.3 USE OF STANDARD CONTRACTS .................................................................................. 15
6.4 REGISTRATION OF CONTRACT FARMING ..................................................................... 16
6.5 FAILURE TO REGISTER A CONTRACT FARMING AGREEMENT ...................................... 16
7.0 SALES AND MARKETING OF GREEN LEAF TEA.…………………………..…17
7.1 BUYING CENTRES ......................................................................................................... 17
7.2 DOMESTIC SALES OF TEA ............................................................................................. 17
7.3 SALES RECORDS AND SUBMISSION OF RETURNS .......................................................... 17
7.4 REQUIREMENT FOR PROCESSING WITHIN THE COUNTRY ............................................ 17
8.0 EXPORT AND IMPORT OF TEA.…………………………………………………..18
8.1 CONTROL OF EXPORT................................................................................................... 18
8.2 EXPORT AND IMPORT PROCEDURES ............................................................................ 18
8.2.1 Terms and conditions for tea export permit.......................................... 18
8.2.2 Terms and conditions for tea import permit ......................................... 19
8.3 PENALTY FOR WRONGFUL IMPORTATION ................................................................... 20
9.0 MISCELLANEOUS..…………………………………………………………………..21
9.1 RETURNS ...................................................................................................................... 21
9.2 RECORD KEEPING BY TEA DEALERS ............................................................................. 21
9.3 INFORMATION AND DATA COLLECTION ..................................................................... 21
10.0 BREACHES UNDER THE APPROPRIETE TEA LAWS...………………………23
10.1 GENERAL PENALTY.................................................................................................... 23
10.2 OFFENCE COMMITTED BY CORPORATE BODIES ......................................................... 23
11.0
ACTION TO BE TAKEN FOR VIOLATION OF TEA INDUSTRY
LEGISTRATION….……………………………………………………………….24
viii
SECTION I
1.0
INTRODUCTION
These guidelines have been developed and issued pursuant to regulation 62 of the
Tea Regulations, 2010 to provide general guidance to the Tea Inspectors and to all
stakeholders in the tea industry regarding regulatory procedures governing tea
production, processing, manufacturing, marketing, export and import of tea in
Tanzania.
It governs powers and procedures to be followed by the Inspectors as regard to
registration of tea growers and inspection of green leaf tea fields, and for the grant of
permits and licenses to the tea processors, manufactures, sellers and exporters as
condition requirements prescribed under the Tea Industry Act (Cap. 275) and the
Tea Regulations of 2010. The guideline applies to any person who is interested or
engaged in the production of green leaf tea as tea grower; tea processor,
manufacturer, sellers and exporter of made tea.
The guideline provides information concerning:(a)
(b)
(c)
(d)
(e)
(f)
(g)
Application process for registration of tea growers;
Application for licences and permits;
Conditions governing licences and permits;
Regulatory responsibilities of the Tea Board in respect to the tea quality
control;
Contract farming and obligations of the parties to such contracts;
Tea sales and marketing for both domestic and export; and
Imposed sanctions under the Tea Act and its regulations.
It is important to remember when using this document that it is a reference tool. As
with all reference material, information may change based on the changes in parent
laws governing the tea industry. Therefore, the users are advised to use appropriate
reference where necessary. The Board will make every effort to ensure the tea
Inspectors and stakeholders are aware of significant changes in a timely manner.
If there are questions regarding the inspection procedures, actions by the Inspector
or the Tea Board, or any applicable law, regulation, or policy governing tea industry,
please contact the Director General, Tea Board of Tanzania.
1
1.1
INTRODUCTION TO TEA LEGISLATION
The legal framework for the regulation of tea industry in Tanzania is governed by
the Tea industry Act Cap 275 of the Laws of Tanzania (R.E. 2002) as amended in 2009
by the Crop Laws (Miscellaneous Amendments Act, 2009 and the Tea Regulation,
2010 (G.N No. 421 of 2010). The tea legislation provide for the regulation of tea
business in Tanzania including, growing and sell of green leaf tea, processing,
storage, manufacturing, sell, importation or exportation of made tea.
The law establishes the Tea Board of Tanzania as autonomous
institution
responsible for the regulating and promoting of the tea industry. The law also
establishes the Tanzania Smallholder Tea Development Agency (TSHTDA which is
a public institution under the Ministry responsible for Agriculture to promote
smallholder farmers who are engaged in the tea industry.
1.2
ROLE OF INSPECTION AND ASPECTS OF TEA INSPECTION
1.2.1 Appointment of Inspectors
According to section 5 of the Tea Industry Act, the Board is entitled to carry out
regulatory functions and such other activities necessary, advantageous or proper for
the benefit of the tea industry. For effective performance and in order to discharge its
functions and powers, the Board is empowered among others, to appoint or
designate any qualified person to work for and on its behalf as the Tea Inspectors
(herein after to be referred as “the Inspectors”). Appointment of the said Inspectors
is done according to the provision of regulation 36.
1.3
THE FUNCTIONS, POWERS AND DUTIES OF TEA INSPECTORS
1.3.1 Functions of Tea Inspector:
Any Tea Inspector appointed under section 5(3) of the Tea Industry Act and
regulation 36 of the Tea Regulations is obliged among other things to perform the
following functions –
(a)
(b)
(c)
(d)
(e)
monitor the arrangement for the purchase, transportation and handling of
green leaf tea;
inspect compliance of plucking standards as specified in regulation 32(2);
monitor the importation and export of tea and tea products;
conduct inspection of tea nurseries, tea fields, premises, weight and qualities
of tea and tea products as may be prescribed by the Board;
conduct inspection of green leaf tea buying centers;
2
(f)
(g)
(h)
monitor the compliance of Maximum Residual Levels (MRLs) and
Traceability by manufacturers;
Issuing tea planting permits to tea growers within designated growing areas;
and
Any other functions or duties as may be assigned to him by the Board from
time to time.
It is an offence for any person to hinder or obstructs an Inspector from performing
his functions (reg. 37).
1.3.2 Powers of Tea Inspectors
Any Inspector appointed by the Board may (a)
At all reasonable times and on production of his or her authority to any
person requiring it; enter upon any land and buildings occupied by a licensee,
or by the holder of a manufacturing licence; make such inspection and
inquiries as he thinks fit for ascertaining whether the provisions of the Tea
Industry Act and of any regulations made there under are complied with; and
require any person found thereon to give him such information as he may
reasonably require (section 17(1) of the Act);
(b)
Inspect any buying post at any time without notice to ensure compliance with
these regulations (See condition 11 on Green Leaf Tea Buying Licence);
(c)
Inspect tea processing plant and the built structure which is intended to
become Tea Manufacture (See condition V on the Application of Tea
Manufacturing Licence);
(d)
Inspect Blending and Packing Tea factory built structure which is intended to
become Tea Blending and Packing factory (See condition V on application of Tea
Blending and Packing License);
(e)
Recommend to the Board for the measures to be taken for the control of pest
or diseases affecting tea plants or other plant or products (reg.38(1));
(f)
If becomes aware of the commission of or the intention of any other person to
commit any offence punishable under the Tea Industry Act or Regulations,
shall forthwith give information about the said awareness to a police officer
or to a person in authority in the locality such as ward executive secretary,
court magistrate who shall convey the information to the officer in charge of
the nearest police station. The Inspector is also obliged to inform/notify the
Board about the information under this paragraph;
3
(g)
Upon production of his or her identity, enter and search any premises upon
which he has reason to believe there is tea which contravenes the provisions
of the Act or Regulations and may seize and remove any tea found thereon
which he reasonably believes that it can be used as evidence for such
committed offence. Before removing any such tea, the Inspector shall first
furnish the person in whose custody or possession the tea at the time of
removal with written receipt therefore (Section 18 (1)(a));
(h)
Upon production of his or her identity, stop, search and detain any vehicle,
vessel or other conveyance which he has reason to believe that it is being used
for commission of offence under provisions of the Act or Regulations. Once
the action is taken, the Inspector shall forthwith, without unnecessary delay,
report to a police station or subordinate court within the jurisdiction where
such vehicle, vessel or conveyance has been stopped or detained and
thereupon obtain an order that the vehicle, vessel or other conveyance,
together with any tea found therein, be seized for further legal process
(Section 18(1)(a) and (2))
(i)
Be required to enforce any decision or orders from the Board or Director for
the purpose of eradicating or controlling the spreading of pests and diseases
of tea (reg. 38(2) and
(j)
Take appropriate action for the effective enforcement of the Tea legislation as
set out in section V of these Guidelines.
4
SECTION II
2.0
REGISTRATION OF THE TEA DEALERS
2.1
Conditions for registration
An Inspector appointed by the Board shall ensure that, every tea dealer is registered
by the Board and has a Registration Number in order for him or her to undertake
green tea business. The registration of tea dealer is governed by regulations 11 and
12 of the Tea Regulations. The registration of the growers is important for the
purposes of –
(a)
(b)
(c)
(d)
(e)
(f)
Monitoring contracts of farming;
Regulating green leaf tea quality;
Regulating tea processing and manufacturing;
Controlling import and export of tea;
Establishing a basis for planning; and
Dealing with any other relevant matters in the tea industry.
The Board shall register and maintain a register of all tea dealers and shall not
charge registration fee for registration process (regs.11 (1), (2) (3) and 14 to16).
Any person who is engaged in the green leaf tea production without being so
registered commits an offence and shall upon conviction be liable to a fine of not
more than five hundred thousand shillings or to imprisonment for a term of not
more than twelve months (reg. 12(3).
The Inspector shall also assist the Board in the registration of tea nurseries prepared
in the different tea growing areas (reg.19).
2.2
Restriction on growing or selling green leaf without registration
A grower is not entitled to sell green leaf tea to a tea processing factory unless he has
been registered by the Board and that no person shall purchase green leaves from a
grower or deal in any activity related to tea industry unless such grower has been
registered by the Board pursuant (reg. 12).
Any person, who contravenes the provisions of regulation 12 of the Regulations,
commits an offence and shall on conviction be liable to a fine of not more than five
hundred thousand shillings or to imprisonment for a term of not more than twelve
months (reg. 12).
5
SECTION III
3.0
CONDITIONS FOR TEA PRODUCTION
3.1
Crop husbandry
The Inspector shall ensure that:
(a)
Every grower plants tea in agro-ecological zones or areas that meet growing
conditions certified by the Board in consultation with the Tea Research
Institution;
(b)
A grower prepares land intended for growing tea as recommended by an
extension officer;
(c)
Any tea nursery established and managed by the tea grower meets minimum
requirements as recommended by a tea research institution approved by the
Board ;
(d)
Subject to paragraph 5 of this guideline, a grower uses planting material
recommended by tea research institution;
(e)
A grower shall ensure that his tea field is free from weed, pests and diseases;
(f)
A grower does not intercrop tea with other crops within the same field; and
A grower who intends to stop growing tea shall notify the Board of that intention at
least six months prior to doing so (reg. 4).
3.2
Use of agricultural inputs
According to regulation 5, every Inspector is required to ensure that the growers
adhere to crop specifications prescribed by the Director of Crop Development and
the Board. The crop specification shall include the use of –
(a)
Recommended agro-chemicals such as fertilizers, herbicides, fungicides,
nematicides and suckercides.
(b)
Clonal materials. The Inspector shall ensure that every grower grows varieties
of clonal tea recommended by a competent tea research institution and
approved by the Director (reg. 6), otherwise, commits an offence and shall
6
upon conviction be liable to a fine of not more than five hundred thousand
shillings or to imprisonment for a term of not more than twelve months (reg.
67).
(c)
Any other materials related to tea growing.
It is an offence for a grower to fail to comply with good agronomical practices (reg.
67)
3.3
Restriction on planting materials
An Inspector shall ensure that, any person does not:
i.
import or plant in the country any tea planting materials without the
approval of the Director;
ii.
use planting materials or tea plants in the field which have not been certified
by the Director or an authorized officer.
Any person who contravenes the above requirements, commits an offence and shall
upon conviction be liable to a fine or imprisonment in accordance with the Plant
Protection Act (reg. 7).
3.4
Quarantine matters
Subject to the relevant laws on plant protection, the Director responsible for crop
development or any other authorized officer including an Inspector may by order
under his hand and for purposes of preventing, controlling occurrence of spread of
any pests or diseases of tea within any area specified in that order:i.
ii.
iii.
iv.
prohibit or regulate the planting of tea seedling or any other crop specified in
the order, which is known to harbor pests or disease;
prohibit the removal from any tea growing areas, tea plants or any article,
which in the opinion of the Director is likely to harbor pests or disease of tea
plants;
require the uprooting and burning of all or any tea plants or any plant
specified in the order by a person processing or having control over that tea
plant or;
prohibit any person from planting any tea seeds before the date specified in
the order.
Where any person fails to comply with an order of preventing, controlling
occurrence of spread of any pests or diseases, the Director or an authorized officer,
7
including an Inspector may, on giving further seven (7) days notice in writing of his
intension to do so, cause the removal or destruction to be effected and that person
shall, without prejudice to any penalty which he may have suffered by reason of any
failure be liable to pay all the costs incurred, which shall be recoverable as a debt due
to the Government (reg. 8).
3.5
Environmental protection
Any Inspector is responsible to ensure that every tea manufacturer conserve the
environment by use of appropriate technology in tea processing that will ensure
environment protection and plant tree species of fuel wood that will yield enough
plants to support the tea processing units for fuel wood. (reg. 9)
3.6
Safety and Hygiene of premises
A premise used by a buyer or manufacturer, for manufacturing, storage and
transportation of tea shall be kept in a clean and hygienic condition and shall be
subject to inspection by the Inspector from the Board.
The Inspector shall ensure that, no person transports or stores green leaf or made tea
together with scented materials or chemicals. In any case a person contravenes
regulation 10 he/she is subject to general offence as provided for under reg. 67 (reg.
10 & 67).
8
SECTION IV
4.0
LICENCES AND PERMITS
4.1
Restriction on dealing with tea without licence
Every Inspector appointed under the Act is obliged to ensure that every tea dealer
possesses a valid license issued by the Board regarding manufacturing, blending,
packaging and sale of made tea.
According to section 15 of the Tea Industry Act read together with regulation 20(1)
of the Tea Regulations, no person shall manufacture, blend and pack tea for sale
except under and in accordance with a license issued by the Board.
Subject to its powers provided for under section 5 of the Act, the Board may issue a
license or permit after being satisfied that the applicant has met the requirements for
the issuance of such license or permit. Also, the Board may, refuse to issue a
manufacturing licence subject to such terms and condition which may be deemed fit.
4.2
Illegal manufacture or possession of tea
According to section 16 (1) of the Act read with regulation 20(3) of the Tea
Regulations, any person who manufactures tea for sale, buys, sells, exposes for sale,
transports or has in his possession any tea which to his knowledge or belief has been
grown, manufactured or dried otherwise than in accordance with the Act or
regulations; or being or has been moved otherwise than in accordance with
regulations controlling such movement, shall be guilty of an offence and shall be
liable upon conviction to imprisonment for a term not exceeding two years or to a
fine not exceeding one million or to both such fine and imprisonment.
It is also provided that where a person has in his possession or under his control any
tea for which he is unable to account to the satisfaction of a person authorized under
Act or Regulations shall be deemed to have been grown, manufactured or dried
otherwise than in accordance with this act until the contrary is proved.
4.3
Terms and Conditions for Green Leaf Tea Buying Licence
Every licensee is required under reg. 25 of the Tea Regulations to comply with the
terms and conditions for each licence as specified in the First Schedule to the
Regulations. The Inspector shall ensure that the licensed green leaf tea buyer
complies with the conditions governing such licence, which among others includes:-
9
(a)
Displaying his license at a conspicuous place within the premises.
(b)
Buying green leaf tea from registered grower at any approved green leaf tea
Buying Centers/posts under a roof in the villages concerned. The buying
centers shall be specified and approved by the Board.
(c)
Using weighing scales at all times and the scales shall be certified by the
Weight and Measures Agency. No other method of weighing shall be used.
(d)
Issuing receipts to the growers from whom they buy green leaf tea and shall
maintain a register of those growers and the records shall be made available
for inspection by the Board Inspectors or any Authorized Officer at any time.
(e)
Pay produce cess to the respective District Councils as agreed in the
memorandum of understanding on financing of the tea industry.
(f)
Pay all other taxes and levies legally imposed by the Government.
(g)
Buying green leaf tea on a delivered field basis at or above the price that shall
be announced by the Tea Board after consultation with the tea stakeholders.
(h)
Drawing up a schedule for collection of green leaf tea and adhering to it.
(i)
Buying green leaf that has been plucked and sent to the green leaf collection
centers in the particular day and time as previously agreed upon by parties.
(j)
Make payment to the farmers for the purchases of green leaf tea within fifteen
(15) days after the end of each month and arrangements to pay on shorter
periods of minimum of two (2) weeks shall be encouraged.
(k)
Produce standard monthly reports to the Board showing monthly purchases
and deliveries of green leaf tea to the processing factory.
(l)
Entering into sales contract with any grower for minimum period of one year
on such terms and conditions as the parties may agree upon. It is a condition
that no buyer shall enter into a sale contract with a grower who has another
contract with another buyer unless there is formal commitment between the
parties on how the new buyer will compensate the previous buyer to enable
the grower relived from the existing sale contract .
(m)
After signing a contract, register each sales contract with the Board and
submit the copies of the registered contracts to the designated district
agricultural officer.
10
(n)
Buying the tea leaves of the required standard and may refuse to buy any
substandard green leaf tea.
An Inspector should take note that any licensee who contravenes any one of the
above conditions shall be guilty of an offence and upon conviction shall be liable to a
fine not exceeding one million or to a term of imprisonment not exceeding two years
or to both.
4.4
Terms and Conditions for Tea Manufacturing Licence
The Inspector shall also ensure that every holder of Manufacturing Tea Licence
complies to the following terms and conditions of a licence as described in the First
Schedule of the Tea Regulations:(a)
Manufacturer/processor shall have the platform scales approved and certified
by Weight and Measures Agency.
(b)
Manufacturer/processor shall keep all clean tea in a store observing
regulations provided under the Tea Regulations for keeping of a green leaf
tea.
(c)
That manufacturer/processor shall maintain and keep the plant in a proper
manner in such a way as to obtain best quality tea and should be in
accordance with food processing governing law and regulations.
(d)
That processor shall ensure that all green leaf delivered to the plant is
processed and graded correctly.
(e)
That Manufacturer/processor shall furnish to the Board information on
cultivated hectare, tea production, purchases and sales (in kg. and value) on a
monthly basis, latest by tenth (10th) of the following month.
(f)
Each registered tea processor shall follow all provisions of the Tea
Regulations pertaining to processing and marketing of tea.
(g)
That Manufacturer shall be required to attend stakeholders meeting.
4.5
Terms and Conditions for Tea Blending and Packing Licence.
The applicant and holder of Tea Blending and Packing License shall adhere to the
following terms and conditions as set forth in the First Schedule of the Tea
Regulations of which the Inspector has to ensure its compliance:-
11
(a)
Must own a Packing and Blending Tea Factory.
(b)
The Blending and Packing Tea Factory must be inspected by the Tea Board
Inspectors.
(c)
The Blending and Packing Tea Factory should be in accordance with food
processing governing law and regulations.
(d)
Every licensed blender/packer shall make a monthly return to the Tea Board
on the Tea Purchases and Sales, latest by tenth (10th ) of the following month..
(e)
Must obtain TBS Certificate of quality standard of products being produced.
(f)
Tea Blenders and Packers shall be required to attend stakeholders meeting.
(g)
The licensee shall comply with other laws governing crop trade including tea
trade marks in the country.
(h)
The licensee shall take appropriate measures towards environment
preservation and elimination of pollution.
(i)
The licensee shall have all platform scales approved and certified by Weight
and Measures Agency.
The Inspector may advise the Board accordingly if the holder of license has breached
or violated the conditions for license. The Board may take appropriate measures
which shall include revoking the granted Tea Blending and Packing license.
12
SECTION V
5.0
INSPECTION, QUALITY ASSURANCE, GRADING AND WEGHING
5.1
Entry and inspection
As noted, according to section 17(1) and 18 of the Act, any person duly authorized in
writing in that behalf by the Board including the Inspector, may at all reasonable
times and on production of his authority , may enter, inspect or search any premises
as he thinks fit for ascertaining whether the provisions of the Act and of any
regulations made thereunder, or the terms and conditions of the licence are being
complied with, and may require any person found thereon to give him such
information as he may reasonably require, or stop, search and detain any vehicle,
vessel or other conveyance which he has reason to believe is being or has been used
for commission of an offence contrary to the provisions of the Act and Regulations
(Section 17(1) and 18(1)(a) and(b)).
Any person who hinders or obstructs any person including an Inspector duly
exercising or attempting to exercise any of the powers conferred under section 17 (1)
or who fails to give to the best of his ability any information reasonably required of
him under the said subsection 17 (1) shall be guilty of an offence (Section 17 (2)).
Any person who hinders or obstructs a person acting in the exercise of his powers
under this section 18 as regard to of the Act, shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding one million shillings or to imprisonment
for a period of not exceeding two years, or to both fine and such imprisonment.
(section 18 (3)).
5.2
Quality control
Every tea grower is required to pluck for sale green leaves tea of the required
standard. The green leaf standard under reg.32 (1) shall include two leaves and bud
or three leaves and bud or as may be determined by the Board. No tea buyer shall
purchase any sub standard green leaf tea for processing into made tea (reg. 32).
5.3
Weighing of green leaf tea
Every tea buyer is required to weigh green leaf tea in the presence of the grower (See
reg. 34)
13
5.4
Certification of weighing equipment
An Inspector shall ensure that all weighing scales used for green leaf tea purchase
are properly inspected and approved in accordance with Weights and Measures Act,
Cap 340.( reg. 3).
An Inspector shall collaborate with the relevant authorities within a relevant local
government authority and Weight and Measures Agency to ensure that all weighing
scale are approved and do not contravenes the provisions of Weight and Measures
Act so as to ensure that the measuring systems in the tea industry result in fair trade
transactions between the growers and buyers.
5.5
Grading of made tea
Every manufacturer is required under reg. 33 to produce made tea on the basis of
acceptable international grades. (See reg. 33)
5.6
Tea waste
No person is entitled to sell or pack for sale any tea waste as is prohibited under reg.
39 (1))
14
SECTION VI
6.0
CONTRACT FARMING
6.1
Sale agreement
The Inspector shall ensure that a contract farming entered between a grower and a
green leaf buyer for a term of one year in form 2 of the second schedule of Tea
Industry Act, shall be registered with the Tea Board and copy thereof be submitted
to the designated district agricultural officer ( reg. 41)
6.2
Obligations of a buyer in the sale agreement
(1)
A buyer is required to pay to the grower the proceeds from the sale of
green leaf within fifteen (15) days of the following month in accordance
with a sale agreement between the parties. The payment by the buyer
to the grower for green tea purchased shall be made at a bank or at any
appropriate place, and within such period as specified in the sale
agreement.
(2)
The buyer who defaults in paying the grower shall be responsible to
pay the grower interest rate on purchase price as per the agreed
contract among the parties or as approved by the Board based on the
prevailing commercial rates( reg. 42 (2).
An Inspector shall ensure that every tea buyer and grower complies with this
statutory requirement. Otherwise, the Inspector has powers whenever necessary to
report to the Board and relevant District Authority any breach of the provisions
governing contract farming.
6.3
Use of Standard Contracts
(1)
The parties to the contract farming agreement are required to use a
standard form contract provided for under form 1 of the Second
Schedule of Tea Regulations in entering into contract farming.
(2)
No person being a financier, tea buyer, tea processor, investor or
banker is entitled to facilitate a registered farmer in any manner
without contract farming (Section 25 (5) of the Tea Industry Act, )
(3)
A person who contravenes the provisions of this section commits an
offence and shall be liable on conviction to a fine of not less than five
15
million shillings or to imprisonment for a term of not less than six
months but not more than two years or to both (Section 25 (6) of the Tea
Industry Act, ).
An Inspector shall ensure that every tea buyer and grower complies with this
statutory requirement. Otherwise, the Inspector has powers whenever necessary to
report to the Board and relevant District Authority any breach of the provisions
governing contract farming.
6.4
Registration of contract of farming
The parties under contract farming are required to submit in quadruplet the contract
farming agreement to the Board for registration within thirty days upon signing. The
Board shall verify and register the contract farming agreement and return copies to
the respective parties and local government authority. (reg.44).
6.5
Failure to register a contract farming agreement
Any contract farming agreement which is not registered by the Board shall not be
enforceable (.reg.45)
16
SECTION VII
7.0
SALES AND MARKETING GREEN LEAF TEA
7.1
Buying Centers
An Inspector shall ensure that all green leaves tea are sold at the registered or
approved buying centre. Any person who sells green leaf tea outside an established
and registered buying centre commits an offence.
It is a condition that no person is entitled to sell green leaf tea obtained from the
farm of another person. (reg. 48(5)(6) & (7))
7.2
Domestic sales of tea
The Inspector shall ensure that every tea manufacturer sells made tea to a blender,
packer or any other person who is licensed as a tea dealer by the Board (reg. 50).
7.3
Sales records and submission of returns
The Board is required to maintain a record of made tea sold for the domestic, export
market and tea imported. In that case, the Inspector shall ensure that all records are
kept and maintained in accordance with instruction from the Board.
As an officer of the Board and every Inspector shall ensure that every manufacturer,
blender, packer or importer makes monthly returns to the Board rega5rding
domestic and export sales, tea purchased, sold or imported as the case may be (reg.
52).
The information required here shall be submitted to the Board latest tenth (10th) of
the following month.
7.4
Requirement for processing within the country
It is a condition that all green leaf tea produced in Tanzania to be processed within
the country. The Board is the one responsible to set standards to guide small scale
green leaf tea processing within the country. However, the Minister may, for a
specified period, allow the sale or processing of green leaf tea outside the country
(reg.53)
17
SECTION VIII
8.0
EXPORT AND IMPORT OF TEA
8.1
Control of exports
Every person who intends to export blended or made tea must have export permit
issued by the Board for every consignment. Any person who exports blended of
made tea without permit from the Board shall be guilty of an offence (Sections 19 and
20)
8.2
Export and import procedures
The Board may refuse to issue any tea export permit or cancel such issued permit in
any case that the applicant or holder of such export permit fails to comply with any
of the provisions of the Tea Industry Act and Regulations (section 22).
Provided that any person aggrieved by a decision of the Board to refuse any tea
export permit may appeal to the Minister in writing within ninety (90) days of the
date of such refusal. The decision of the Minister on any such appeal shall be final
and binding.
8.2.1
Terms and Conditions for Tea Export Permit
The Inspector shall ensure, the Tea Export permit holder observes the
following terms and conditions:1.
He/she produce monthly trading/shipping operations report to
the Tea Board of Tanzania headquarters.
2.
He/she must comply with all conditions laid down by
International Tea Organization and Tanzania Government as in
force at the time of shipment.
3.
He/she has a valid Export Permit issued by the Tea Board of
Tanzania.
4.
He/she has a Tea Export Permit issued in respect of a made teas
for period not exceeding six months.
18
8.2.2
5.
He/she has a separate Tea Export Permit in respect of each Port
or place of shipment from which an Exporter intends to export
made teas.
6.
He/she at the end of each calendar month during the currency of
a Tea Export Permit, shall make a return to the Tea Board of
details of made Tea exported during the previous month in the
manner specified in Tea Industry Act, .
7.
The Exporter shall follow all Regulations pertaining Marketing
of Tea.
8.
He/she understands that, the Board shall, in issues relating to
quality in respect of Export Market, be the supervisor and Final
arbitrator.
9.
That, the Board may exercise its powers under the Tea Industry
Act, as amended from time to time, to Cancel or Suspend a
Permit if Export fails to comply with terms and conditions of the
Export Permit.
10.
That, the Exporter aggrieved by the decision of the Board
refuses to issue or suspend a Permit may appeal to the Minister
in writing within ninety (90) days of the date of such refusal.
The decision of the Minister on any such appeal shall be final
and binding.
Terms and Conditions for Tea Import Permit
The Inspector shall ensure that, the Tea Import Permit holder observes the
following terms and conditions:1.
That, the Tea Import Permit holder shall produce monthly
trading/shipping operations report to the Tea Board of
Tanzania.
2.
That, the Tea Import Permit holder must comply with all
conditions laid down by International Tea Organization and
Tanzania Government as in force at the time of shipment
3.
That the Tea Import Permit holder shall pay Tanzania shillings
one million only (TZS 1,000,000/=) as the initial inspection fee of
the permit and thereafter each Tea Import Permit holder shall
19
pay US $ Cents 1.25 per kg for every Consignment to the Tea
Board of Tanzania.
8.3
4.
That the imported packets of tea clearly show a Mark on each
Packet “Made for Export” and to be certified by the Bureau of
Standards of respective country and have all necessary customs
documentation including payment for VAT and Duties. TRACustoms to be responsible for this at all points of entry.
5.
That, the Tea Import Permit holder who is not a resident of
Tanzania, must have an agent in Tanzania whose contacts
should be notified to the Tea Board of Tanzania. The agent’s
particulars must be disclosed to the application and Tea Import
Permit.
6.
The imported tea shall be subjected to Maximum Residual
Level Standards for Pesticides as determined by competent
institution in the country and before importation a sample to be
sent to Tea Board for this test.
7.
Each Consignment must be accompanied by a Certificate of
Origin. This is for traceability purposes.
Penalty for wrongful importation of tea
Any person importing or attempting to import made tea in contravention of the Tea
Industry Act or Regulations or of any tea import permit commits an offence and
upon conviction shall be liable to a fine not less than five hundred thousand shillings
or to imprisonment for a period not exceeding twelve months, or to both such fine
and such imprisonment (Section 29 of the Act and reg.67 of the Tea Regulations).
The Board has powers to cancel any tea import permit granted to any person
convicted of an offence under the Tea Industry Act, provided that any person
aggrieved by a decision of the Board may appeal in writing within ninety (90) days
of such refusal to the Minister whose decision shall be final.
20
SECTION IX
9.0
MISCELLANEOUS
9.1
Returns
Every tea manufacturer, blender and packer, registered tea grower, tea importer,
exporter, or any tea dealer shall submit such returns in form at such periods and to
such persons as the Board may from time to time prescribe in rules to be made under
the Tea Industry Act.
Any person who fails to submit such returns when called upon to do so commits an
offence and shall be liable upon conviction for every such offence to imprisonment
not exceeding twelve months or to a fine not exceeding five hundred thousand
shillings or to both such imprisonment and fine (section 28 and 29 of the Act)
9.2
Record keeping by tea dealers
Under the regulation 63(1), every person registered to buy, process, import and
export tea, is required:(a)
In the case of a licensed buyer and processor, keep proper and accurate
records of the amount of green leaf purchased, processed and
producer price paid every month.
(b)
In the case of a licensed exporter, keep proper and accurate records of
the amount of made tea exported, within each month.
Every information under sub regulation 1 (a) and (b) of reg. 63 shall be availed to tea
Inspectors upon request (reg. 63).
NB: An Inspector shall ensure that every tea dealer complies with this statutory requirement
by whenever necessary by requiring the dealers to provide information to the Board.
9.3
Information and data collection
Every tea dealer is required to submit to the Board a monthly report on the
following(a)
(b)
(c)
The tea planted acreage;
Volume or tonnage of crop purchased and processed;
Export and local sales and average price;
21
(d)
(e)
Availability and distribution of inputs in accordance with the relevant
terms of the farming contracts; and
Any other information as the Board may deem necessary.
The information required in here shall be submitted to the Board latest tenth (10 th ) of
the following month.
The Board is required to compile and furnish a copy of the monthly report to the
respective key stakeholders. The Board is the one responsible to maintain all
statistical data and information relating to the tea industry in the country (reg. 66(1)
& (2).
NB: An Inspector shall ensure that every tea dealer complies with this statutory
requirement by whenever necessary requiring the dealers to provide information to
the Board.
22
SECTION X
10.0
BREACHES UNDER THE APPROPRIATE TEA LAWS
10.1
General penalty
10.2
(1)
Any person who commits any offence against the Tea Industry Act
shall be liable on conviction for every such offence, except where in
any other section of the Tea Industry Act special penalty is provided
for any particular offence, to imprisonment not exceeding twelve
months or to a fine not exceeding five hundred thousand shillings or to
both such imprisonment and such fine. (Section 29 of the Tea Industry
Act)
(2)
Any person who contravenes any of the provision under the Tea
Regulations where no other punishment has been specified commits an
offence and shall upon conviction be liable to a fine of not less than five
hundred thousand shillings or to a term of imprisonment not
exceeding twelve months or to both such fine and imprisonment (reg.
67).
Offence committed by corporate bodies
Any person who commits an offence with the consent or approval of a director,
manager, secretary or any other authorized officer with the capacity as a director of
that body corporate shall be deemed to have committed the offence in the corporate
name (reg. 68)
Where any offence against the Tea Industry Act, is committed with the consent or
approval of any director, manager, secretary or other officers of the body corporate,
such persons as well as the body corporate, committed an offence against the Tea
Industry Act shall be liable accordingly (Section 30 of the Act)
23
SECTION XI
11.0
ACTIONS TO BE TAKEN FOR VIOLATION OF TEA INDUSTRY
LEGISLATION
11.1
Breach:
Failure to maintain hygiene and other conditions by manufacturer or tea blender
during manufacturing, storage, transportation and packaging of tea in accordance to
good hygienic practices (regulation 10 (4) of the Tea Regulations 2010).
Actions to be taken by an Inspector or the Board:
1st Issue immediately a formal notification for violation to the manufacturer or
tea blender as the case may be to comply within thirty (30 days).
2nd After thirty (30 days), revisit the site to assess whether the failure/violation
is ongoing. If the manufacturer or tea blender continues not to comply with
hygiene and other conditions, the Inspector shall immediately issue a second
notice of non-compliance and report to the Board for necessary measures to
be taken against the violator.
3rd Within thirty (30) days, the Board has to verify the violation and thereby
suspend the Tea Manufacturing License and/ or the Tea Blending and
Packaging License from this point forward and until when the violator has
rectified the situation.
4th If the manufacturer or tea blender fails to rectify the situation within six (6)
months, the Board will cancel the licence.
NB: If the manufacturer or tea blender continues to violate the law, the Inspector
may institute a formal charge against the violator as per the provisions of the Tea
Industry Act and Tea Regulations 2010. Depending on the nature of violation, the
Inspector shall ensure close collaboration with other relevant authorities like
Tanzania Food and Drugs Authority (TFDA), Occupational Health and Safety
Agency (OSHA) and Local Government Authority within the relevant area in the
enforcement of the provisions of the Act and Regulations.
11.2
Breach:
Green leaf buyer or manufacturer found transporting green leaf or made tea together
with scented, materials, chemicals or found loaded with other unwanted materials
contrary to Section 10 (2) of Tea Regulations 2010.
24
Actions to be taken by an Inspector or the Board:
1st Issue immediately instruction to the owner or operator of the vehicle to
stop violation of the law.
2nd If the owner or operator of the vehicle fails to comply with notice
Inspector has to invoke the powers provided for under section 18(1)(b) of the
Tea Industry Act by issuing a formal detention order against the vehicle and
request for the assistance from nearby police station for holding the vehicle
for further measures.
3rd Notify the Board within three (3) days on the violation and thereby the
Board may upon establishment of violation, suspend the registration and or
License of the dealer from this point forward and until when the violator has
rectified the situation otherwise, the Board will cancel the licence.
4th Depending on the gravity of the offence, the Inspector may with the
instruction from the Director of the Board, may institute a formal charge
against the violator as per the provisions of the Tea Industry Act and Tea
Regulations 2010. Inspector shall ensure close collaboration with other
relevant authorities like Tanzania Food and Drugs Authority (TFDA),
Occupational Health and Safety Agency (OSHA) and Local Government
Authority within the relevant area in the enforcement of the provisions of the
Act and Regulations.
11.3
Breach:
A tea dealer undertaking tea processing or storage without having green leaf
processing licence
Actions to be taken by an Inspector or the Board:
1st Issue immediately a formal notification for violation to a particular tea
dealer requiring him to comply with the provisions of law within seven (7)
days.
2nd After seven (7) days revisit the site to assess whether the failure/violation
is ongoing. If the dealer continues not to comply with notice, the Inspector
shall immediately issue a second notice of non-compliance and report to the
Board for necessary measures to be taken against the violator.
3rd Within fourteen (14) days, the Board has to verify the violation and
thereby suspend the Tea dealer’s Registration or License as the case may be
25
from this point forward
situation.
and until when the violator has rectified the
4th If the dealer fails to rectify the situation within twenty (21) days, the Board
will cancel the licence.
NB: If the dealer continues to violate the law, the Board with assistance from the
Inspector may institute a formal charge against the violator as per the provisions of
the Tea Industry Act and Tea Regulations 2010. .
11.4
Breach:
Green leaf buyer or manufacturer engaged in purchasing sub standard green leaf
from smallholders for the purpose of processing into made tea contrary to Section 32
(3) of the Tea Regulations 2010.
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification of violation to a particular buyer or
manufacturer requiring him to comply with the provisions of law within
seven (7) days.
2nd After seven (7) days revisit the site to assess whether the failure/violation
is ongoing. If the manufacturer or tea blender continues not to comply with
hygiene and other conditions, the Inspector shall immediately issue a second
notice of non-compliance and report to the Board for necessary measures to
be taken against the violator.
3rd Within fourteen (14) days, the Board has to verify the violation and
thereby suspend the Tea dealer’s Registration or License as the case may be
from this point forward and until when the violator has rectified the
situation.
4th If the dealer fails to rectify the situation within twenty (21) days, the Board
will cancel the licence.
NB: If the dealer continues to violate the law, the Board with assistance from the
Inspector may institute a formal charge against the violator as per the provisions of
the Tea Industry Act and Tea Regulations 2010.
26
11.5
Breach:
Green leaf buyer or manufacturer using weighing scales for green leaf purchase
which are not inspected and approved in accordance with Weight and Measures Act
contrary to the Tea Industry legislation.
Actions to be taken by an Inspector or the Board:
1st Issue immediately a formal notification for violation to the dealer to
comply with immediate effect.
2nd If the tea dealer fails to comply with notice, the Inspector shall record and
report the violation to the relevant authorities (Weigh and Measures Agency
and Local Government Authority) at the particular area.
3rd Together with reporting the matter to the relevant authorities, the
Inspector shall immediately issue a second notice of non-compliance and
report to the Board for necessary measures to be taken against the violator.
4th Within fourteen (14) days, the Board has to verify the violation and thereby
suspend the registration or License from this point forward and until when
the violator has rectified the situation.
5th If the dealer fails to rectify the situation within twenty one (21) days the
Board will cancel the licence. BUT this may go concurrently with instituting a
formal charge against the violator as per the provisions of the Tea Industry
Act and Tea Regulations 2010.
11.6
Breach:
Buying green leaf from grower without a valid green leaf sale agreement contrary to
the Tea Industry Act and Tea Regulations.
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to the buyer to stop
him immediately.
2nd If the buyer continues to buy the green leaf in violation of law, the
Inspector shall immediately report the matter to the Board for necessary
measures to be taken against the violator. The Board has to verify the
violation and thereby institute a formal charge against the violator as per the
provisions of the Tea Industry Act and Tea Regulations 2010.
27
Depending on the nature of violation, the Inspector shall ensure close collaboration
with the Local Government Authority within the relevant area in the enforcement of
the provisions of the Act and Regulations.
11.7
Breach:
Delaying the payment to the growers’ proceeds contrary to the sale agreement and
Section 42 (1) of the Tea Regulations 2010.
Actions to be taken by an Inspector or the Board:
1st Issue immediately a formal notification for violation to the dealer requiring
him to comply with the notice with an immediate effect.
2nd If the tea dealer fails to comply with notice, the Inspector shall record and
report the violation to the Local Government Authority at the particular area
and to the Board for necessary measures to be taken against the violator.
3rd Within fourteen (14) days, the Board has to verify the violation and thereby
suspend the registration or License from this point forward and until when
the violator has rectified the situation.
4th If the dealer fails to rectify the situation within twenty one (21) days, the
Board shall cancel the licence. BUT this may go concurrently with instituting a
formal charge against the violator as per the provisions of the Tea Industry
Act and Tea Regulations 2010.
NB: Without prejudice to any action which may be taken by the Board against the
defaulter, the buyer or manufacturer shall be required to pay the grower for green
tea purchased plus interest rate calculated from the due date to the actual date of
payment. (This shall applies when the Green leaf buyer or manufacturer failed to pay the
grower for the green tea purchased within 14 days from the last agreed date of payment)
11.8
Breach:
Purchasing green leaf from non-registered buying centre or non-registered tea
grower contrary to regulation 48 (1) of the Tea Regulations 2010.
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to the manufacturer or
tea blender as the case may be to comply within fourteen (14) days).
28
2nd After fourteen (14) days, revisit the site to assess whether the
failure/violation is ongoing. If the buyer continues not to comply with law,
the Inspector shall immediately issue a second notice of non-compliance and
report to the Board for necessary measures to be taken against the violator.
3rd Within twenty one (21) days, the Board has to verify the violation and
thereby suspend the registration and License of the buyer from this point
forward and until when the violator has rectified the situation.
4th If the buyer fails to rectify the situation within thirty (30) days, the Board
will cancel the licence.
NB: If the buyer continues to violate the law, the Board may institute a formal
charge against the violator as per the provisions of the Tea Industry Act and Tea
Regulations 2010.
11.9
Breach:
Possession of illegal tea or unaccounted green leaf or made in any premises, vehicle,
vessel or other conveyance
Actions to be taken by an Inspector:
1st upon production of his of his identity, the Inspector shall enter into a
premises where it is believed that such illegal tea is stored, search and issue a
detention order if the same is found.
If the said illegal tea is on transit or it is believed that, the vehicle, vessel or
other conveyance is or has being used in commission of an offence under the
Tea Act or Regulations, the Inspector after produce his identity, shall stop and
detain any vehicle, vessel or other conveyance.
2nd Inspector shall forthwith, without unnecessary delay, report to a nearby
police station or subordinate court within the jurisdiction where such
premises is located or vehicle, vessel or conveyance has been stopped or
detained and thereupon obtain an order that the vehicle, vessel or other
conveyance, together with any tea found therein, be seized for further legal
process after issuance the owner of such tea or premises with a receipt
regarding the actual amount of the detained tea and provide the reasons
thereof.
3rd Inspector shall record all necessary information to assist in the evidence
against possible committed crime and where necessary instruct the owner of
29
such illegal tea or premises or the vehicle, vessel or other conveyance where
the tea was found to sign the report.
4th Inspector shall also report the violation to the nearby Local Government
Authorities and the Tea Board for further legal actions. The Board may
institute a criminal case against the violator.
11.10 Breach:
Dealing with tea without being registered
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to the violator.
2nd After ten (10) days, revisit the site to assess whether the failure/violation is
ongoing. If the violation continues, the Inspector shall immediately issue a
second notice of non-compliance and report to the Board for necessary
measures to be taken against the violator.
3rd Within ten (10) days, the Board has to verify the violation and thereby may
institute a formal charge against the violator as per the provisions of the Tea
Industry Act and Tea Regulations 2010.
11.11 Breach:
Failure to submit returns and information to the Board or submit incorrect or
misleading returns and information.
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to a particular tea
dealer to order compliance within seven (7) days.
2nd Within fourteen days (14) days, the Board has to verify the violation and
thereby suspend the registration and License and/ or the Tea Blending and
Packaging License from this point forward and until when the violator has
rectified the situation.
3rd If the dealer fails to rectify the situation within fourteen (14) days, the
Board shall cancel the licence.
NB: If the tea dealer continues to violate the law, the Board may institute a formal
charge against the violator as per the provisions of the Tea Industry Act and Tea
Regulations 2010.
30
11.12 Breach:
Engaging in manufacturing, import or exportation of tea without licence or permit as
the case may be.
Actions to be taken by an Inspector or the Board:
1st Issue immediately a formal notification for violation to the tea
manufacture, importer or exporter to stop him immediately.
2nd If the violation continues, the Inspector shall immediately report the
matter to the Board for necessary measures to be taken against the violator.
The Board has to verify the violation and thereby institute a formal charge
against the violator as per the provisions of the Tea Industry Act and Tea
Regulations 2010.
Depending on the nature of violation, the Inspector shall ensure close collaboration
with the Local Government Authority within the relevant area in the enforcement of
the provisions of the Act and Regulations.
11.13 Breach:
Lack of green leaf shade in the tea estates.
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to the manufacturer as
the case may be to comply within thirty (30 days).
2nd After thirty (30 days), revisit the site to assess whether the failure/violation
is ongoing. If the manufacturer continues not to comply with hygiene and
other conditions, the Inspector shall immediately issue a second notice of noncompliance and report to the Board for necessary measures to be taken
against the violator.
3rd Within thirty (30) days, the Board has to verify the violation and thereby
suspend the Tea Manufacturing License from this point forward and until
when the violator has rectified the situation.
4th If the manufacturer fails to rectify the situation within six (6) months, the
Board will cancel the licence.
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NB: If the manufacturer continues to violate the law, the Inspector may institute a
formal charge against the violator as per the provisions of the Tea Industry Act and
Tea Regulations 2010.
11.14 Breach:
Planting tea without being registered by the Board
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to the grower to
require him to stop the activity immediately and report the matter to the
nearby local authority for administrative action.
2rd Within two (2) days, the Inspector has to asses compliances and if the
grower has not complied with the given order by the Inspector, the Inspector
shall advise the Board to suspend the grower’s registration certificate and
institute a formal charge against the violator as per the provisions of the Tea
Industry Act and Tea Regulations 2010.
11.15 Breach:
Non-compliance with Inspector’s instruction related to crop husbandry including
failure to control pests and disease.
Actions to be taken by an Inspector or the Board :
1st Issue immediately a formal notification for violation to the grower to
comply within fourteen (14) days.
2nd After thirty (14) days, revisit the site to assess whether the failure/violation
is ongoing. If the continues, the Inspector shall immediately issue a second
notice of non-compliance and report to the Board for necessary measures to
be taken against the violator this may include deregistration of the grower.
NB: In order to ensure crop protection, the Inspector shall cooperate with other
officers like Agricultural officer and Plant Protection Officers/Inspectors.
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