CHAPTER 416
STANDARDS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Relationship to other laws

PART II
ADMINISTRATION

   4.   The Zambia Bureau of Standards

   5.   Functions of Bureau

PART III
STANDARDS

   6.   Voluntary standards

   7.   Compulsory standards

   8.   Export standards

   9.   Publicity

   10.   Compliance with standards

   11.   Supply of commodity not complying with standard

   12.   Permission for supply or export

PART IV
PROMOTION OF COMMODITIES

   13.   Declaration of marks

   14.   Use of marks

   15.   Prohibition on use of certain words

PART V
DANGEROUS OR DEFECTIVE COMMODITIES

   16.   Interim order prohibiting or restricting supply of commodity

   17.   Order of High Court prohibiting or restricting supply of commodity

   18.   Contravention of orders

   19.   Remedy for supply of commodity in contravention of order

   20.   Order for recall of defective commodities

   21.   Voluntary recall of commodities

   22.   Certain amounts recoverable

   23.   Certain action not to affect insurance contracts

PART VI
FINANCIAL PROVISIONS

   24.   Standards Development Fund

   25.   Repealed

PART VII
MISCELLANEOUS

   26.   Acquisition of patent rights, etc.

   27.   Rights of Bureau in discoveries, etc., within the Bureau

   28.   National calibration service

   29.   Inspection of commodities, etc.

   30.   Co-operation with other agencies

   31.   Production of authority

   32.   Unauthorised publication of information

   33.   Proceedings for offences

   34.   Offences by bodies corporate

   35.   Additional powers of the court

   36.   Immunity from suit

   37.   Regulations

   38.   Savings

   39.   Repeal

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for standards of quality control for certain commodities; to continue the Zambia Bureau of Standards and to re-define its powers and functions; to establish the Standards Council of Zambia; to repeal the Zambia Bureau of Standards Act; and to provide for matters connected with or incidental to the foregoing.

[3rd June, 1994]

Act 20 of 1994,

Act 13 of 1994,

Act 6 of 1997.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Standards Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Bureau” means the Zambia Bureau of Standards;

“compulsory standard” means a standard declared under section 7 to be a compulsory standard;

“commodity” means any article or goods, whether manufactured or not;

“Council” means the Standards Council of Zambia established by this Act;

“dangerous”, in relation to any commodity, means likely to cause death or injury to the body or health of a person, whether the death or injury is likely to be caused directly or indirectly and whether or not because of—

      (a)   a failure to include with or on the commodity any instructions for its use;

      (b)   the inclusion with or on the commodity of instructions for the use of the commodity that are inaccurate or inadequate;

      (c)   a failure of the commodity to function in the manner represented by the manufacturer or supplier;

      (d)   the commodity’s not being of the quality represented by the manufacturer or supplier; or

      (e)   the necessity for, or possibility of, the use of the commodity with any other commodity;

“defect” includes a dangerous characteristic;

“defective commodity” means a commodity that does not comply with a compulsory standard for the commodity or is the subject of an order under section 16 or 17;

“Director” means the Director of the Bureau appointed under this Act;

“export standard” means a standard declared under section 8 to be an export standard;

“inspector” means a person appointed to be an inspector for the purposes of this Act;

“mark of conformity” means a mark declared under section 13 to be a mark of conformity in relation to a commodity;

“standard” means a specification or code of practice designed to regulate—

      (a)   the nature, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics of a commodity; or

      (b)   the material or substance from which a commodity may be produced, manufactured, processed, treated or finished;

and which is declared under this Act to be a voluntary, compulsory or export standard in relation to the commodity concerned;

“supplier” means a person who, in the course of a business, supplies any commodity;

“supply” includes—

      (a)   supply or re-supply by way of sale, exchange, lease, hire or hire-purchase; and

      (b)   exhibit, expose or have in possession for the purpose of sale, exchange, lease, hire or hire- purchase or for any purpose of manufacture or trade;

“voluntary standard” means a standard declared under section 6 to be a voluntary standard.

   (2) Except in so far as the contrary intention appears, a reference in this Act to a standard is a reference to the standard as from time to time amended.

3.   Relationship to other laws

In the event of any inconsistency between this Act and the Pharmacy and Poisons Act, the Food and Drugs Act or any other Act, the provisions of this Act shall prevail to the extent of the inconsistency.

PART II
ADMINISTRATION

4.   The Zambia Bureau of Standards

   (1) The body corporate known as the Zambia Bureau of Standards established under the Zambia Bureau of Standards Act, 1982, is hereby continued in existence, notwithstanding the repeal of that Act by this Act.

   (2) The First Schedule has effect in respect of the Bureau, its governance and its staff.

5.   Functions of Bureau

   (1) The functions of the Bureau shall be—

      (a)   to promote and require the adoption of standards in industry and commerce, with a view to improving-

      (i)   the quality of commodities;

      (ii)   industrial efficiency and productivity; and

      (iii)   after-sale support services and all aspects of quality assurance for commodities;

      (b)   to make arrangements or provide facilities for the examination and testing of-

      (i)   commodities to which standards apply; and

      (ii)   the material or substance from which a commodity may be produced, manufactured, processed, treated or finished;

      (c)   to provide schemes of pre-export inspection of export commodities;

      (d)   to provide for other schemes of quality control and quality assurance for commodities in order to promote and improve the export trade;

      (e)   to co-ordinate the efforts of producers and consumers in the improvement of appliances, processes, new materials and products;

      (f)   to provide testing facilities and such other facilities and technical services as may be required by the Government or industry in connection with—

      (i)   structural, electrotechnical or mechanical engineering;

      (ii)   biological or chemical technology, including fibre technology;

      (iii)   any other industrial application of science or technology, and

      (iv)   any scientific, technological or metrological matter to be determined for the purposes of any Act or law or for other purposes;

      (g)   to make arrangements or provide facilities for the testing and calibration of precision instruments, gauges and scientific apparatus, for the determination of their degree of accuracy and the certification thereof;

      (h)   to act as consultants in the field of standards and provide advisory services to industry, including any service industry;

      (i)   to establish laboratories and other facilities for the performance of its functions;

      (j)   to encourage or undertake education in connection with standards; and

      (k)   to perform such other functions as may be conferred upon the Bureau by or under the Weights and Measures Act or any other written law.

   (2) The Council may by resolution delegate any of the powers and functions of the Bureau to any person in the Bureau or to any committee formed by the Council or, with the consent of the Minister, to any other person.

PART III
STANDARDS

6.   Voluntary Standards

The Bureau may, by notice in the Gazette—

      (a)   publish any specification or code of practice drawn up in relation to a commodity and declare the same to be a voluntary standard for that commodity; and

      (b)   from time to time make and publish amendments to, or at any time repeal, any standard so declared.

7.   Compulsory standards

   (1) If the Minister is satisfied, on the recommendation of the Bureau, that it is necessary or expedient to do so for the promotion of public safety or otherwise in the public interest, he may by statutory instrument-

      (a)   publish any specification or code of practice drawn up in relation to a commodity and declare the same to be a compulsory standard for that commodity; and

      (b)   from time to time make and publish amendments to, or at any time repeal, any standard so declared.

   (2) A compulsory standard shall not be declared, nor shall it be amended in a manner that, in the opinion of the Minister, affects a substantial variation, except after compliance with section 9.

8.   Export standards

   (1) If the Minister is satisfied, on the recommendation of the Bureau, that it is necessary or expedient to do so for the promotion or development of the export trade, he may by Statutory Instrument—

      (a)   publish any specification or code of practice drawn up in relation to an export commodity and declare the same to be an export standard for that commodity; and

      (b)   from time to time make and publish amendments to, or at any time repeal, any standard so declared.

   (2) An export standard shall not be declared, nor shall it be amended in a manner that, in the opinion of the Minister, affects a substantial variation, except after compliance with section 9.

   (3) An export standard may be declared whether or not there is an existing voluntary or compulsory standard.

9.   Publicity

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