THE DAIRY INDUSTRY ACT, 2004

                                   
                         THE DAIRY INDUSTRY ACT, 2004                                                                                                  ARRANGEMENT OF SECTIONS                                                                                                                      Section        Title  
                                            PART I  

  PRELIMINARY PROVISIONS  
1. Short Title
2. Scope
3. Interpretation

 PART II ESTABLISHMENT OF THE ANNUAL COUNCIL  
4. Establishment of the Annual Council
5. Composition of the Annual Council
6. Tenure of Office, meetings and proceedings of the Annual Council
7. Functions of the Annual Council

                      PART III ESTABLISHMENT OF THE TANZANIA DAIRY BOARD
8. Establishment of the Tanzania Dairy Board
9. Composition of the Board
10. Functions of the Board
11. Tenure of office, meetings and proceedings of the Board
12. Executive Officer of the Board
13. Seal of the Board
14. Staff of the board
15. Indemnity for bona-fide acts.

                      PART IV REGISTRATION PROVISIONS
16. Appointment of the Registrar
17. Registration
18. Refusal to register
19. Revocation of registration
20. Validity of a registration
21. Certificate not to be transferable
22. Replacement of lost or destroyed documents
23. Appeals

                      PART IV OFFENCES AND PENALTIES
24. Obstruction of an officer
25. General penalty

                       PART VI FINANCIAL PROVISIONS
26. Establishment of the Fund
27. Functions of the Fund
28. Sources of the Fund
29. Management of the Fund
30. Proper Accounting
31. Auditing
31A. Power of the Board to invest

                       PART VII MISCELLANEOUS PROVISIONS
32. Powers of the Minister to make regulation
33. Minister may amend the Schedules
34. Exemption
35. Repeal
       
     
                           THE UNITED REPUBLIC OF TANZANIA      
                                           NO.8 OF 2004  
I ASSENT, BENJAMIN W. MKAPA President 4th June 2004
An Act to provide for the production, regulation and promotion of the dairy; establishment of the Tanzania Dairy Industry Board and repeal of the Dairy Industry Act, 1965 and for other related matters

                             PART I PRELIMINARY PROVISIONS

1.-(1)   This Act may be cited as the Dairy Industry Act, 2004 and shall come into force on such date the Minister may, by notice published in the Gazette, appoint.
Short title
     (2)  The minister may appoint different commencement dates for different parts of this Act.

2.-(1)  This Act shall apply to all milk and milk products. Scope
     (2)  Without prejudice to subsection (1), this Act shall not apply to milk or milk products not intended for sale and those produced for consumption of the producer, members of his family, his employee or animals kept by him.

3. In this Act unless the context otherwise requires:
“Annual Council” means a council established under section

4; “Board” means the Tanzania Dairy Board established under section 8 of this Act; “dairy” means any premises used for the production,
Interpretation
processing or manufacturing of milk into milk products for sale; “designated milk” means milk of milch animals other than that of cows; “milk” means milk of cows; “milk product” means any product prepared from milk by any approved process including heating, separation, fermentation, evaporation, drying and includes cultured sour milk, youghurt, butter, ghee, cream, dairy ice cream and any other product manufactured wholly or mainly from milk; “milkshed area” means any part of Mainland Tanzania which has a recognized dairy industry stakeholder or organization at district, regional or zonal level; “milk vendor” means a person who carries on business of selling milk or milk products by delivering it to the places of residence or business of a purchaser; “Minister” means the Minister responsible for livestock development; “producer” means any person who keeps cattle or other milk animals for the production of milk, and includes a manager or a person who carries out the business of processing milk or milk products; “processor” means any person who carries out the business of processing milk or milk products; “producer-processor” means a person who processes milk or milk products solely obtained from his own farm; Pasteurized cream” includes any kind of milk product classified as such; “pasteurized milk” includes any kind of milk products classified as such; “retailer” means a person who buys milk or milk products from a distributor for resale to consumers; “registered dealer” means a producer, processor, marketing agent, importer, exporter, dairy inputs supplier, manufacturer registered under section 17 of this Act;  and “Stakeholder” means an individual, organization or institution, private or public, interested in, concerned with, or involved in the development of the dairy industry in Mainland Tanzania, whether directly or indirectly.  
 
                                             PART II  
                      ESTABLISHMENT OF THE ANNUAL COUNCIL  
                                 Establishment of Annual Council 

4.  There is established an assembly to be known as the Annual Council or in its acronym – “AC”.
Composition of the Annual Council

5.-(1) The Annual Council shall consist of:
          (a) the Chairman who shall be appointed by the Minister;
          (b) one member representing recognized stakeholder organizations in every district;
          (c) one member from registered national Milk Producers’ Organizations;
          (d) one member from registered National Milk Processors’ Organizations;
          (e) one member from registered National Milk Consumers’ Organization;
          (f) one member from the ministry responsible for livestock quality control;
          (g) one member from institution responsible for food quality control;
           (h) one member from public university of agriculture
           (i) one member from the ministry responsible for local government;
           (j) one member from the ministry responsible for co-operatives;  and
           (k) two members from Non-Governmental Organizations active in dairy industry development.
       (2)  The Secretariat of the Board shall be the Secretariat of the Annual Council.        
 
6.  Tenure of office, meetings and proceedings of the Annual Council shall be as provided for in the First Schedule to this Act.
Tenure of office, meetings and proceedings of the Annual Council

7. Functions of the Annual Council shall be:
       (a) to promote the development of a sustainable dairy industry in Tanzania;
       (b) to propose members of the Board for appointment by the Minister;
       (c) to receive and scrutinize various reports from the Board;
       (d) to advice the Minister and the board on issues concerning the dairy industry and matters arising from the implementation and operation of this Act;  and
        (e) to carry out any other functions as may be necessary for effective implementation of this Act.  Functions of the Annual Council.

                                                        PART III  
                            ESTABLISHMENT OF THE TANZANIA DAIRY BOARD  
                                         Establishment of the Tanzania Dairy Board 

8.  There is established a Board to be known as the Tanzania dairy Board, or in its acronym-TDB.
Composition of the Board
9.-(1)  The Tanzania Dairy Board shall consist of:
         (a) the Chairman who shall be appointed by the Minister;
         (b) three members representing milk producers;
          (c) one member representing dairy processors;
          (d) one member representing milk traders;
          (e) one members representing dairy inputs suppliers;
          (f) one member representing milk consumers;
          (g) one member representing the AttorneyGeneral;
          (h) one member representing the Ministry responsible for livestock development;
          (i) one member from the public institution responsible for food quality control;
          (j) one member from a public university of  agriculture;  and
          (k) one member from the ministry responsible for local government.
     (2)  Members under paragraphs (b) to (f) of subsection (1), shall be appointed by the Minister upon recommendation from the Annual Council.

                 Functions of the Board 
10. Functions of the Board shall be: 
(a) to advise the Minister of matters concerning dairy development policies and strategies for promotion and development of the dairy Industry;
 (b) to perform regulatory activities in the dairy industry in accordance with the provisions of this Act;
(c) to search and develop markets;
(d) to conduct market research;
(e) to develop and monitor strategies and plans designed to achieve and maintain self sufficiency and efficiency in milk production, processing and marketing;
(f) to ensure availability of appropriate technology for the industry;
(g) to create and promote a competitive environment conducive to fair play among stakeholders in the dairy industry;
(h) to monitor the execution of contracts and marketing arrangements between dairy producers and processors or other bodies related to dairy sector and reconcile the parties, when disputes arise;
(i) to collect, analyse, maintain and disseminate data and information relating to dairy industry;
(j) to promote and facilitate formation of associations or other bodies of stakeholders within the dairy (sub-sector) which shall form a consultative forum with the Board and monitor their activities;
(k) to promote and co-ordinate the development of small, medium and large scale dairy keepers and processors;
(l) to promote the training and improvement of skills in technological advancement in the dairy industry;
(m) to promote advocacy on dairy industry;
(n) to monitor trends for local dairy production, dairy export and import requirements;
(o) to represent stakeholders in international fora relating to or dealing with the dairy industry;
(p) to monitor the implementation of agreements governing sale of dairy factories and farms and submit the report to the Minister;
(q) to register producers and processors of dairy and dairy products;
(r) to liase with the Tanzania Food, Drugs and Cosmetics Authority (TFDA) on licensing;
(s) to collaborate with the Tanzania Food, Drugs and Cosmetics Authority (TFDA) in inspection of dairy facilities such as dairy farms, plants, kiosks, parlours and other similar facilities;  and
(t) to organize dairy shows and participation of stakeholders in such shows within and outside the country.
                      Tenure of office, meetings and proceedings of the Board

11. Tenure of office, meetings and proceedings of the Board shall be as provided for in the Second Schedule to this Act.
Executive Officer of the board

12. The Registrar appointed under section 16 shall be;
(a) the Chief Executive Officer of the Board and shall be responsible for the day to day operation of the Board;  and
(b) the Secretary to the Board. Seal of the Board

13.-(1)  There shall be a Seal of the Board to be under the custodian of the Secretary.
       (2)  The seal of the Board shall not be affixed to any instrument except in the presence of the Chairman or the Registrar. Staff of the Board
14.  The Board may, on such terms and conditions, after approval of the Annual Council, employ such number of staff to hold appropriate offices under the supervision of the Registrar. Indemnity for bona fide acts
15.  No matter or thing done by any member or officer of the Annual Council or Board shall, if done bona fide in the execution or purported execution of the functions of the Annual Council or Board, as the case may be, render such member or officer personally liable for such matter or thing.