CHAPTER 421 - CONTROL OF GOODS ACT: SUBSIDIARY LEGISLATION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Control of Goods (Import and Export) (Agriculture) Regulations

Control of Goods (Import and Export) (Agriculture) Order

Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) Order

Control of Goods (Importation of Eggs) Order

Control of Goods (Import and Export) (Commerce) Regulations

Control of Goods (Importation of Soap) Order

Control of Goods (Import) (Exemptions from Licences) Order

Control of Goods (Export) Open General Licence

Control of Goods (Petrol Prices) Order

Control of Goods (Agricultural Products Prices) Regulations

Control of Goods (Import of Medicinal Substances and Poisons) Regulations

Control of Goods (Import of Radioactive Substances) Regulations

Control of Goods (Importation of Emblems Prohibition) Regulations

Control of Goods (Importation of Prohibited Publications) Regulations

Control of Goods (Supply of Information) Regulations

Control of Goods (Import Declaration Fee) Regulations

Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) (Revocation) Order

Control of Goods (Import and Export) (Commerce) Regulations

Control of Goods (Import and Export) (Commerce) Regulations

Control of Goods (Import and Export) (Agriculture) Regulations

Control of Goods (Safeguard Measures) Regulation

Control of Goods (Import and Export) (Commerce) (Prohibition of Export) Order

Control of Goods (Import and Export) (Agriculture) Regulations

Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation) (Revocation) Order

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Delegation of powers and duties

      SCHEDULE

[Regulations by the President]

SI 73 of 1970.

1.   Title

These Regulations may be cited as the Control of Goods (Import and Export) (Agriculture) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“controlled goods” means any goods specified in the Schedule or any class of such goods, the import into or the export from the Republic of Zambia of which is prohibited, restricted or otherwise controlled by an order made under regulation 3.

3.   Delegation of powers and duties

   (1) The Minister may make statutory orders prohibiting, restricting or otherwise controlling the import into or the export from the Republic of Zambia of any goods specified in the Schedule or any class of such goods. (2) Without derogation from the generality of the powers conferred by sub-regulation (1), an order made under this regulation may—

      (a)   prescribe the terms and conditions subject to which controlled goods or any class of such goods may be imported into or exported from the Republic of Zambia;

      (b)   provide for empowering such person as may be prescribed by the order—

      (i)   to issue permits authorising, to such extent as may be prescribed by the order, the import into or the export from the Republic of Zambia of any controlled goods or any class of such goods;

      (ii)   on the issue of any such permit, to impose terms and conditions subject to which the controlled goods to which the permit relates or any class of such goods may be imported into or exported from the Republic of Zambia;

      (iii)   to revoke any such permit issued by him in such circumstances and in such manner as may be prescribed by the order.

SCHEDULE

[Regulations 2 and 3]

SPECIFIED GOODS

1. Animal semen.

2. Bananas.

3. Barley malt.

4. Bees; unmanufactured beeswax; foundation comb.

5. Bones; bone meal.

6. Carcasses, portions of carcasses and offal of animals (including poultry and other birds but excluding reptiles) and the edible products manufactured therefrom, including beef, veal, mutton, lamb, pig meat, goat meat and canned products.

7. Citrus fruits.

8. Compound animal feedstuffs.

9. Dairy produce, including ice-cream and ice-cream mix.

10. Eggs of poultry and other birds, whether in shell, pulp or dried form.

11. Fish, whether fresh or dried, including fish meal.

12. Fodder, forage.

13. Game meat and game biltong.

14. Grain of any variety, including barley, beans, groundnuts and grain meals, flours and residues.

15. Hay, grass or straw of any variety.

16. Hides; skins.

17. Honey, unprocessed royal jelly, any bottle, can, jar or other receptacle whatsoever which has been used solely for storing or transporting honey or unprocessed royal jelly.

18. Live animals, including poultry and other birds but excluding reptiles.

19. Maleic hydrazide, also known as M.H.

20. Manure.

21. Meat meal; blood meal; carcass meal.

22. Oil-seeds; oil-meal; oil-cake and offals and residues of oil-seeds.

23. Onions.

24. Potatoes.

25. Seed cotton.

26. Seeds for planting.

27. Sorghum malt.

28. Tomatoes.

29. Turkish-type tobacco.

30. Unmanufactured flue-cured and fire-cured tobacco of Virginia variety.

31. Unmanufactured tobacco of Burley variety.

32. Unprocessed poultry feathers which are not part of a manufactured article.

33. Used beehives; used bee-keeping accessories and appliances.

34. Used poultry crates and incubators.

35. Vaccines, toxins, sera and analogous biological products used for the diagnosis or treatment of diseases in animals.

36. Vegetable oils.

ORDERS MADE UNDER THE CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) REGULATIONS

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) ORDER

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Interpretation

   3.   Issue of permits

   4.   Exceptions in relation to the import of goods

   5.   Exceptions in relation to the export of goods

   6.   Application for the issue of permits

   7.   Special provisions regarding the issue of permits in terms of the Stock Diseases Act

   8.   Order or permit not to limit compliance with any other written law

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

[Order of the Minister]

SI 76 of 1970,

SI 8 of 1971,

SI 23 of 1972,

SI 177 of 1974,

SI 126 of 1975,

SI 96 of 1995,

SI 76 of 2002,

SI 19 of 2003,

SI 68 of 2006.

1.   Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) Order.

2.   Interpretation

In this Order, unless the context otherwise require—

“form” means a form prescribed in the First Schedule;

“honey” includes unprocessed royal jelly;

“ice-cream mix” includes any mixture, whether in powder or other form, suitable for manufacture into ice-cream, with or without the addition of other ingredients;

“issuing authority”, in relation to an application for the issue of a permit under this Order, means the Permanent Secretary, Ministry of Agriculture.

3.   Issue of permits

   (1) The issuing authority may issue a permit authorising, subject to the provisions of this Order and of any other written law—

      (a)   the import into the Republic of Zambia of any goods listed in the Second Schedule;

      (b)   the export from the Republic of Zambia of any goods listed in the Third Schedule;

on such terms and conditions as may be specified in, or attached to, the permit.

   (2) A permit issued under this paragraph shall—

      (a)   if it relates to the import of goods into the Republic of Zambia, be in Form No. 1;

      (b)   if it relates to the export of goods from the Republic of Zambia, be in Form No. 2.

   (3) Any export permit other than an export permit relating to maize meal including hominy chop, maize cones, maize grits, maize offals processed with or without additives and maleic hydrazide also known as M.H.

[Am by SI 96 of 1995.]

4.   Exceptions in relation to the import of goods

   (1) Subject to the provisions of sub-paragraph (2), no person shall import into the Republic of Zambia any goods listed in the Second Schedule except in accordance with the terms and conditions of a permit issued under paragraph 3.

   (2) The provisions of sub-paragraph (1) shall not apply in relation to—

      (a)   any goods which are in the course of transit through the Republic of Zambia to a place beyond the borders thereof;

      (b)   any goods not exceeding twenty thousand kwacha in value which are imported in any one week into the Republic of Zambia by an individual residing in the Republic of Zambia for his personal domestic consumption and not for sale or disposal to any other person;

      (c)   any goods not exceeding twenty thousand kwacha in value which are imported in any one week into the Republic of Zambia as a bona fide gift from a person residing outside the Republic of Zambia to a person residing in the Republic of Zambia.

   (3) Any person importing maize meal, including hominy chop, maize cones, maize grits, maize offals, processed maize with or without additives and maleic hydrazide, also known as M.H., shall require an import permit in relation to goods—

      (a)   which are in the course of transit through the Republic of Zambia to a place beyond the borders; or

      (b)   which are exported under an export permit issued under the principal Order if the exporter satisfies the Ministry responsible for agriculture, food and fisheries, that such exporter has, on the basis and by reason of his having been earlier issued with such export permit, incurred a contractual and legally enforceable obligation prior to the publication of this Order.

[Am by SI 96 of 1995.]

5.   Exceptions in relation to the export of goods

   (1) Subject to the provisions of sub-paragraph (2), no person shall export from the Republic of Zambia any goods listed in the Third Schedule except in accordance with the terms and conditions of a permit issued under paragraph 3.

   (2) The provisions of sub-paragraph (1) shall not apply in relation to—

      (a)   any goods which are in the course of transit through the Republic of Zambia to a place beyond the borders thereof;

      (b)   any goods not exceeding four kwacha in value which are exported in any one week from the Republic of Zambia by an individual for personal domestic consumption and not for sale or disposal by any other person;

      (c)   any goods not exceeding four kwacha in value which are exported in any one week from the Republic of Zambia as a bona fide gift from a person residing in the Republic of Zambia to a person residing outside the Republic of Zambia.

6.   Application for the issue of permits

An application for the issue of a permit under this Order shall be made in writing and, subject to the provisions of paragraph 7, shall be addressed to the Permit Officer, Ministry of Agriculture.

7.   Special provisions regarding the issue of permits in terms of the Stock Diseases Act

Where a permit is required in accordance with the provisions of this Order and also in accordance with the Stock Diseases Act, to authorise the import into the Republic of Zambia of the same goods—

      (a)   an application for the issue of a permit in terms of this Order shall be deemed to be an application for the issue of a permit in terms of the Stock Diseases Act;

      (b)   if the issuing authority issues a permit, he shall thereupon forward the permit and the application to the appropriate person authorised to issue a permit in terms of the Stock Diseases Act to be dealt with by such person in accordance with the provisions of such Act unless—

      (i)   he is satisfied that the person authorised to issue a permit in terms of the Stock Diseases Act has already issued a permit which is in force; or

      (ii)   the applicant specifically requests otherwise;

      (c)   the issuing authority shall not issue a permit under this Order if he is satisfied that the person authorised to issue a permit in terms of the Stock Diseases Act has already refused to issue a permit;

      (d)   if the issuing authority issues a permit under this Order after being furnished with a permit issued by the person authorised to issue a permit in terms of the Stock Diseases Act which is in force, he shall thereupon forward both permits to the applicant.

8.   Order or permit not to limit compliance with any other written law

Nothing contained in this Order or in any permit issued thereunder shall exempt the holder of such permit from complying with the provisions of any other written law controlling the import into or the export from the Republic of Zambia of the goods to which such permit relates.

FIRST SCHEDULE

[Paragraphs 2 and 3]

FORMS OF PERMITS

FORM NO. 1

CONTROL OF GOODS ACT

IMPORT PERMIT

Issued in terms of the Control of Goods (Import and Export) (Agriculture) Order

No……………………….

IN THE EXERCISE of the powers conferred upon the issuing authority by the Control of Goods (Import and Export) (Agriculture) Order:

is hereby authorised, subject to the provisions of that Order and of any other written law, to import into the Republic of Zambia.........................................................................................................................................
......................................................................................................................................................

from...............................................................................................................................................

on the following terms and conditions:

1.....................................................................................................................................................

2.....................................................................................................................................................

This permit is valid until.................................................................................................................

Date..........................................

..........................................
Issuing Authority

FORM NO. 2

CONTROL OF GOODS ACT

EXPORT PERMIT

Issued in terms of the Control of Goods (Import and Export) (Agriculture) Order.

No.........................................................................................................................................

IN THE EXERCISE of the powers conferred upon the issuing authority by the Control of Goods (Import and Export) (Agriculture) Order:

.....................................................................................................................................................

is hereby authorised, subject to the provisions of that Order and of any other written law,
to export from the Republic of Zambia..............................................................................
on the following terms and conditions:

1...............................................................................

2...............................................................................

This permit is valid until..............................................................................

Date……………………….

....................................................
Issuing Authority

SECOND SCHEDULE

[Paragraphs 3 and 4]

GOODS FOR THE IMPORT OF WHICH A PERMIT ISSUED UNDER PARAGRAPH 3 IS REQUIRED

1. Bananas.

2. Beans, excluding—

      (a)   beans which are tinned, bottled or otherwise preserved;

      (b)   seed beans in quantities of less than 200 lb.

3. Bean meal.

4. Bones; bone meal.

5. Butter; cheese, excluding tinned or bottled cheeses weighing one pound or less.

6. Cattle; beef, veal and edible products manufactured from the carcasses of cattle, but excluding sausage casings, meat extract, meat paste, meat powder, potted meat and tinned meat.

7. Citrus fruits.

8. Compound products containing flour, meal, residues and other preparations of a kind suitable only for use as animal feedstuffs, but excluding—

      (a)   anti-biotic growth stimulants;

      (b)   bird seed;

      (c)   cat and dog foods;

      (d)   chemical additions to animal feedstuffs;

      (e)   inert fillers;

      (f)   salt lick for cattle;

      (g)   synthetic animal feedstuffs;

      (h)   trace elements.

9. Eggs of poultry, whether in shell, pulp or dried form; eggs of wild birds.

10. Game meat and game biltong.

11. Goats; carcasses of goats.

12. Groundnuts, excluding salted or roasted peanuts.

13. Honey.

14. Ice-cream; ice-cream mix, but excluding ice-cream mix contained in sealed tins of one pound or less in weight.

15. Maize, including—

      (a)   crushed maize;

      (b)   dried maize, on or off the cob;

      (c)   samp;

but excluding green maize on the cob.

16. Deleted.

17. Deleted.

18. Meat meal, blood meal; carcass meal.

19. Oil-seeds; oil-meal; oil-cake; offals and residues from oil-seeds.

20. Onions.

21. Pigs, edible products manufactured from the carcasses of pigs, including canned products, but excluding hog casings, meat pastes and potted meats with a pig meat content.

22. Potatoes.

23. Live poultry, including day-old chicks.

24. Rice, excluding canned products, and puffed, parched and beaten rice.

25. Sheep; mutton, lamb and edible products manufactured from the carcasses of sheep, excluding sausage casings.

26. Tomatoes, excluding canned tomatoes.

27. Vegetable oils, but excluding almond oil, castor oil, coconut oil, linseed oil, olive oil and sesame oil.

28. Wheaten bran, wheaten pollard.

29. Seeds.

30. Sugar

[Second Sch. am by SI 8 of 1971, SI 23 of 1972, SI 96 of 1995, para 2 of SI 68 of 2006.]

THIRD SCHEDULE

[Paragraphs 3 and 5]

GOODS FOR THE EXPORT OF WHICH A PERMIT ISSUED UNDER PARAGRAPH 3 IS REQUIRED

1. Bones; bone meal.

2. Butter; cheese.

3. Cattle; beef and edible products manufactured from the carcasses of cattle, but excluding meat extract, meat paste, meat powder, potted meat and tinned meat.

4. Compound products containing flour, meal, residues and other preparations of a kind suitable only for use as animal feedstuffs, but excluding—

      (a)   anti-biotic growth stimulants;

      (b)   bird seed;

      (c)   cat and dog foods;

      (d)   chemical additions to animal feedstuffs;

      (e)   inert fillers;

      (f)   synthetic animal feedstuffs;

      (g)   trace elements.

5. Groundnuts.

6. Honey.

7. Maize, including—

      (a)   crushed maize;

      (b)   dried maize, on or off the cob;

      (c)   samp;

but excluding green maize on the cob.

8. Maize meal, including—

      (a)   hominy chop;

      (b)   maize cones;

      (c)   maize grits;

      (d)   maize offals.

9. Meat meal, blood meal, carcass meal.

10. Oil-seeds; oil-meal; oil-cake.

11. Pigs, edible products manufactured from carcasses of pigs, including canned products.

12. Potatoes.

13. Seed cotton.

14. Wheat, including—

      (a)   wheat flour;

      (b)   wheaten bran;

      (c)   wheaten pollard.

15. Seeds.

16. Fish, including fish meal.

17. Leather, at or beyond the stage of wet blue leather

18. Raw cattle hides and raw sheep or goats skins.

[Third Sch am by SI 177 of 1974, SI 126 of 1975, para 2 of SI 76 of 2002, para 2 of SI 19 of 2003.]

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF IMPORTATION) ORDER

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Interpretation

   3.   Prohibition of importation

   4.   Saving

   5.   Revocation of permits

      SCHEDULE

[Order of the Minister]

SI 24 of 1972,

SI 72 of 1972,

SI 208 of 1973.

1.   Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) Order.

2.   Interpretation

In this Order, unless the context otherwise requires—

“permit” means a permit in respect of any of the scheduled goods issued under the provisions of the Control of Goods (Import and Export) (Agriculture) Order;

“scheduled goods” means any goods specified in the Schedule or any class of such goods.

3.   Prohibition of importation

Subject to the provisions of paragraph 4, no person shall import into the Republic of Zambia any scheduled goods.

4.   Saving

The provisions of paragraph 3 shall not apply in relation to any scheduled goods or any class of such goods—

      (a)   which are in the course of transit through the Republic of Zambia to a place beyond the borders thereof; or

      (b)   not exceeding four kwacha in value which are imported in any one week into the Republic of Zambia by an incoming individual residing in the Republic of Zambia for his personal domestic consumption and not for sale or disposal to any other person; or

      (c)   which are imported under any permit if the importer satisfies the Permanent Secretary, Ministry of Rural Development, that such importer has, on the basis and by reason of his having been earlier issued with such permit, incurred a contractual and legally enforceable obligation prior to the publication of this Order.

5.   Revocation of permits

A permit other than the permit to which the provisions of paragraph 4 apply is hereby revoked.

SCHEDULE

[Paragraph 2]

SCHEDULED GOODS

1. Birds (dead).

2. Nuts (tinned).

3. Peanuts, salted or roasted.

4. Tomatoes (tinned) (No. 72 of 1972)

CONTROL OF GOODS (IMPORTATION OF EGGS) ORDER

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Interpretation

   3.   Control of import of eggs

[Order of the Minister]

SI 312 of 1968.

1.   Title

This Order may be cited as the Control of Goods (Importation of Eggs) Order.

2.   Interpretation

In this Order, unless the context otherwise requires—

“hatching egg” means an egg obtained from a poultry breeder for the purpose of hatching.

3.   Control of import of eggs

   (1) Subject to the provisions of sub-paragraph (2), no person shall import into the Republic of Zambia poultry eggs in shell form.

   (2) The provision of sub-paragraph (1) shall not apply in relation to—

      (a)   hatching eggs;

      (b)   eggs to a value not exceeding two kwacha which are imported during any one week for personal consumption.

CONTROL OF GOODS (IMPORT AND EXPORT) (COMMERCE) REGULATIONS

[Sections 3, 4 and 6]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Orders by the Minister

   4.   Revocation or amendment of licences

   5.   Offences and Penalties

[Regulations by the President]

SI 383 of 1965,

SI 389 of 1967.

Act 13 of 1994.

1.   Title

These Regulations may be cited as the Control of Goods (Import and Export) (Commerce) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“controlled goods” means any goods the import into or the export from Zambia of which is prohibited, restricted or otherwise controlled by an order made under Regulation 3.

3.   Orders by the Minister

   (1) The Minister may make statutory orders prohibiting, restricting or otherwise controlling—

      (a)   the import into Zambia of any goods which are not the product or manufacture of Zambia;

      (b)   the export from Zambia of any goods.

   (2) Without derogation from the generality of the powers conferred by sub-regulation (1), an order made under this regulation may—

      (a)   prescribe the terms and conditions subject to which controlled goods or any class of such goods may be imported into or exported from Zambia;

      (b)   provide for empowering such person as may be prescribed by or under the order—

      (i)   to issue licences authorising, to such extent as may be prescribed by or under the order, the import into or the export from Zambia of any controlled goods or any class of such goods;

      (ii)   to revoke any such licence issued by him in such circumstances and in such manner as may be prescribed by or under the order.

4.   Revocation or amendment of licences

   (1) The Minister may revoke or amend a licence issued under an order made in terms of these Regulations if he considers that such revocation or amendment is necessary in the national interest.

   (2) If the Minister revokes or amends a licence, other than an open general import licence, in terms of sub-regulation (1), an appeal against such revocation or amendment shall lie to the President, whose decision shall be final. An appeal in terms of this sub-regulation shall be lodged with the Permanent Secretary, Ministry of Trade, within twenty-one days of the revocation or amendment being notified and the ground of the appeal shall be set out clearly, specifically and in numbered sequence.

5.   Offences and Penalties

Any person who acts in contravention of or fails to comply with any order made under these Regulations, or acts in contravention of or fails to comply with the conditions of any licence issued or authority granted under or in pursuance of any order made under these Regulations, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding four months, or to both sixty thousand penalty units for a first offence; and on conviction for a second or subsequent offence, to a fine not exceeding sixty thousand penalty units or to imprisonment for a period not exceeding six months, or to both

[Am by SI 389 of 1967; Act 13 of 1994.]

CONTROL OF GOODS (IMPORTATION OF SOAP) ORDER

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Interpretation

   3.   Minimum standards of quality

   4.   Prohibition of import, except under permit, of soap which does not comply with minimum standards of quality

[Order by the Minister]

GN 5 of 1964,

GN 169 of 1964,

GN 497 of 1964,

SI 5 of 1977.

1.   Title

This Order may be cited as the Control of Goods (Importation of Soap) Order.

2.   Interpretation

In this Order, unless the context otherwise requires—

“abrasive soap” means soap, whether in powder, paste, tablet, cake or block form, which is a mixture of soap with silica, sand, pumice-stone or other inert abrasive matter and which contains not less than twenty-five per centum of such silica, sand, pumice-stone or other inert abrasive matter, as the case may be;

“import” means to bring goods or cause goods to be brought into Zambia;

“soap” means the product which results from the process of saponification of fats and oils—

      (a)   with sodium hydroxide or potassium hydroxide; or

      (b)   by the neutralisation of fatty acids with sodium hydroxide or potassium hydroxide or their carbonates or bicarbonates; or

      (c)   by the neutralisation of fatty acids with ammonia or triethanolamine.

[Am by SI 169 of 1964.]

3.   Minimum standards of quality

   (1) Soap in the form of bars, tablets, flakes or chips for household, laundry or toilet purposes shall contain not less than forty-five per centum of fatty acids, of which not more than one-third may be replaced by resin acids; shall not contain more than one-quarter of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide); and shall be free from any harmful ingredients.

   (2) Liquid soap shall contain not less than fifteen per centum of fatty acids, of which not more than one-quarter may be replaced by resin acids; shall contain not more than one-twentieth of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide); and shall be free from any harmful ingredients.

   (3) Soft soap shall contain not less than thirty-five per centum of fatty acids, of which not more than one-third may be replaced by resin acids; and shall contain not more than three-quarters of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide).

   (4) The words “pure”, “purest”, “best”, “superior”, “finest”, “first grade”, “first quality”, “No. 1 quality”, “A.1 quality”, “highest grade”, “highest quality”, or any other words indicating or suggesting special grade or quality, shall not be printed or marked on, or on the container or wrapper of, any soap which contains less than sixty-two per centum of fatty acids, of which not more than one-quarter may be replaced by resin acids, or more than one-tenth of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide):

Provided that where soap contains naphtha or carbolic acid or both these substances, the limit of sixty- two per centum for fatty acids specified in this sub-paragraph may be reduced to sixty per centum.

   (5) The container or wrapper of abrasive soap which is imported for sale shall at the time of importation have prominently displayed thereon words indicating, as may be appropriate, that it is “abrasive soap”, “abrasive soap powder” or “pumice soap”, or that it contains abrasive matter or is intended to be used for scouring or polishing, and if no such container or wrapper is used then such words shall be clearly and legibly stamped or embossed on each tablet, cake or block, in which such soap is imported.

4.   Prohibition of import, except under permit, of soap which does not comply with minimum standards of quality

   (1) Except in accordance with a permit issued by the Permanent Secretary, no person shall import for sale any soap the composition of which, or the wrapping or marking of which, does not at the time when it is imported comply with the provisions of paragraph 3.

   (2) For the purposes of determining whether the composition of a bar of soap for household or laundry purposes complies with the provisions of sub-paragraph (1) of paragraph 3 at the time when it is imported, a bar of soap for household or laundry purposes shall be deemed to weigh 2 lb. at the time when it is imported.

CONTROL OF GOODS (IMPORT) (EXEMPTIONS FROM LICENCES) ORDER

[Paragraph 3Paragraph 3 of the Control of Goods (Import and Export) (Commerce) Order.')">*]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Authorised imports

   3.   No import of goods without licence

      SCHEDULE

[Order by the Minister]

SI 29 of 1973.

1.   Title

This Order may be cited as the Control of Goods (Import) (Exemptions from Licences) Order.

2.   Authorised imports

Subject to the provisions of any other written law, there is hereby authorised the import into

Zambia by any person of—

      (a)   the goods listed in the Schedule; and

      (b)   any goods for personal use and consumption and not for resale, the value of which does not exceed K50:

Provided that a person shall not be authorised to import any further goods within a period of ninety days.

3.   No import of goods without licence

Except as provided for in paragraph 2, no person shall import goods into Zambia without obtaining a licence for their import from the Ministry of Trade and Industry.

SCHEDULE

[Paragraph 2]

   1.   (a)   Used personal and household effects imported by a returning resident.

      (b)   Used personal and household effects, including motor vehicles, imported by a person who enters Zambia to take up residence or employment for the first time.

2. Goods, including motor vehicles, temporarily imported into Zambia by a tourist or other bona fide visitor for his own use.

3. Goods in transit through Zambia.

4. Samples and advertising material intended solely for use in the taking of orders and not for sale.

5. Any goods exported from Zambia for repair and return and in respect of which a certificate to that effect has been issued by a customs officer.

6. Goods imported by any person to whom privileges are extended by virtue of any enactment in force in Zambia relating to diplomatic, consular or other privileges if such goods are imported for his own use and consumption, or that of his household or for the purpose of his office.

7. All vehicles, aircraft and rail trucks used or to be used for the transport of goods or persons to destinations within Zambia entering Zambia temporarily for such purposes.

8. All vehicles, aircraft and rail trucks registered in Zambia and owned by persons ordinarily resident in Zambia if such vehicles, aircraft or rail trucks are temporarily taken out of Zambia and brought into Zambia within six months of their so being taken out.

CONTROL OF GOODS (EXPORT) OPEN GENERAL LICENCE

[Paragraph 4Paragraph 4 of the Control of Goods (Import and Export) ( Commerce) Order')">*]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Authorised exports

      FIRST SCHEDULE

      SECOND SCHEDULE

[Order by the Minister]

SI 183 of 1966.

1.   Title

This Licence may be cited as the Control of Goods (Export) Open General Licence.

2.   Authorised exports

Subject to the provisions of any other written law, the export from Zambia by any person is hereby authorised of—

      (a)   the goods listed in the First Schedule; and

      (b)   any goods (not being goods listed in the Second Schedule) which do not exceed K10,000 in value.

[Am by SI 34 of 1990.]

FIRST SCHEDULE

[Paragraph 2]

1. Exposed cinematograph film.

2. Used personal and household effects, including motor vehicles, exported by a resident departing for a temporary period or by a person departing from Zambia to take up residence or employment elsewhere.

3. Goods, including motor vehicles, temporarily imported into Zambia by a bona fide tourist for his own use.

4. Goods in transit through Zambia.

5. Samples and advertising material intended solely for use in the taking of orders and not for sale.

6. Any goods exported from Zambia for repair and return and in respect of which a certificate to that effect has been issued by a customs officer.

SECOND SCHEDULE

[Paragraph 2]

1. Implements of war (other than arms and ammunition), atomic energy materials of strategic value, and items of primary strategic significance used in the production of arms and ammunition and other implements of war, including the following metals:

      (a)   beryllium;

      (b)   columbite;

      (c)   germanium;

      (d)   lithium;

      (e)   niobium (columbium);

      (f)   tantalum;

      (g)   thorium;

      (h)   titanium;

      (i)   uranium;

and any materials containing such metals.

2. Lead in any form.

3. Minerals, raw and treated (including residues and tailing) which contain by weight at least 0.05 per centum of uranium or thorium or a combination thereof, and, without derogation from the generality of the foregoing, including—

      (a)   monazite sand and other ores containing thorium;

      (b)   carnotite, pitchblende and other ores containing uranium.

4. Petroleum products.

5. The following rough and uncut precious stones:

      (a)   beryls;

      (b)   chrysoberyl of gem quality;

      (c)   diamonds;

      (d)   emeralds;

      (e)   rubies;

      (f)   sapphires;

but not including diamonds suitable only for use for industrial purposes.

6. Scrap and old metals of all kinds.

7. Bags made of jute fibre but excluding hessian bags.

9. The following items:

      (a)   maize;

      (b)   soyabeans/beans;

      (c)   beverages;

      (d)   blankets;

      (e)   matches;

      (f)   salt;

      (g)   fertiliser;

      (h)   torch cells;

      (i)   wheat and wheat products;

      (j)   baby food;

      (k)   toothpaste;

      (l)   insecticide;

      (m)   cigarettes.

[Am by SI 21 of 1984.]

CONTROL OF GOODS (PETROL PRICES) ORDER

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Interpretation

   3.   Maximum selling price

   4.   Calculation of prices

[Order by the Minister]

SI 232 of 1967,

SI 22 of 1968.

1.   Title

This Order may be cited as the Control of Goods (Petrol Prices) Order.

2.   Interpretation

In this Order, unless the context otherwise requires—

“petrol” means refined petroleum capable of being used as a motor spirit, but does not include aviation fuel supplied for use in aircraft, paraffin, distillate fuel, furnace oil or diesel fuel;

“wholesale dealer” means—

      (a)   Agip (Zambia) Limited;

      (b)   Shell and B.P. Zambia Limited;

      (c)   Caltex Oil Zambia Limited;

      (d)   Mobil Oil Zambia Limited;

      (e)   Total Oil Products (Zambia) Limited.

3.   Maximum selling price

The maximum price at which petrol may be sold by a person other than a wholesale dealer shall be the wholesale dealer’s selling price plus—

      (a)   the cost of transport, if any, ordinarily incurred by such person; and

      (b)   the amount of customs duty, if any, actually paid by such person:

Provided that the maximum price for quantities of less than one litre shall be proportional to that allowed for one litre.

[Am by SI 34 of 1990.]

4.   Calculation of prices

When the price per litre is calculated under this Order, any fraction of an ngwee which is less than half an ngwee shall be disregarded and any fraction of an ngwee which is equal to or more than half an ngwee shall be taken as an ngwee.

CONTROL OF GOODS (AGRICULTURAL PRODUCTS PRICES) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Appointment of inspectors

   4.   Furnishing of information

   5.   Powers of inspectors

   6.   Fixing of prices by order

   7.   Offences and penalties

[Regulations by the President]

GN 52 of 1958

GN 160 of 1960,

GN 1 of 1964,

SI 390 of 1967,

Act 13 of 1994.

1.   Title

These Regulations may be cited as the Control of Goods (Agricultural Products Prices) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

"controlled goods” means any commodity or animal specified in the Schedule;

“dealer” means any person who carries on the business of buying and selling controlled goods;

“inspector” means a person appointed as an inspector under these Regulations;

“order” means an order made by the Minister in terms of these Regulations;

“price” includes any form of consideration;

“sell” includes—

      (a)   to sell by auction;

      (b)   to offer or attempt to sell;

      (c)   to expose, display or advertise for sale; or

      (d)   to exchange or dispose of controlled goods for any valuable consideration;

and the expressions “sale”, “seller”, “to purchase”, “purchase” and “purchaser” shall be construed accordingly.

3.   Appointment of inspectors

   (1) The Minister may appoint inspectors and graders for the purposes of these Regulations.

   (2) Every inspector shall be furnished with a certificate signed by the Minister which shall state that the inspector has been appointed as an inspector under these Regulations.

   (3) An inspector exercising any power or performing any duty conferred or imposed upon him by these Regulations or about to exercise or perform any such power or duty shall, on demand by any person concerned, produce the certificate referred to in sub-regulation (2).

4.   Furnishing of information

   (1) The Minister may, by notice in writing, require any person who produces or has produced, deals in or has dealt in, or handles or has handled any controlled goods to furnish to the Minister or his authorised representative from time to time any information whatsoever available to such person relating to any such controlled goods which he or his servant or agent has or has had in his possession or custody or over which he has or has had any control or which he is capable of producing.

   (2) Any such person as aforesaid shall, at the request of an inspector, produce to the inspector any book, record, list or document at his disposal which relates to any such controlled goods, and shall furnish the inspector with such other information or explanation, either in writing or verbally, relating to such controlled goods as the inspector may demand from him.

5.   Powers of inspectors

   (1) An inspector may examine and make extracts from and copies of books, records, lists or documents relating to controlled goods, and may demand from any dealer or other person an explanation of any entries therein and may seize and remove any such books, records, lists or documents as, in his opinion, may afford evidence of an offence under these Regulations.

   (2) An inspector may, for the purposes of examination or production as evidence, seize and remove without payment any sample or specimen of any controlled goods in the possession of any person referred to in sub-regulation (1).

   (3) An inspector shall issue a receipt in respect of anything seized in terms of this regulation.

   (4) Anything seized in terms of this regulation shall, if circumstances permit, be returned to its owner at the conclusion of any proceedings taken or inquiries made in relation thereto.

6.   Fixing of prices by order

The Minister may by order—

      (a)   fix the maximum, minimum or specified prices to be paid to producers of any controlled goods by persons generally, by any specified person or by any persons of a specified class or group;

      (b)   determine the method by which such prices shall be fixed, computed or calculated;

      (c)   prescribe standards of quality, composition and condition, and minimum standards, for any controlled goods and prohibit, regulate or restrict the sale of any controlled goods which do not conform with such prescribed standards;

      (d)   prescribe the specific designation under which any particular controlled goods may be sold and prohibit, regulate or restrict the sale of such controlled goods under designations other than the prescribed designations;

      (e)   provide for the prevention of the evasion of any order.

7.   Offences and penalties

Any person who—

      (a)   contravenes or fails to comply with any order, request or demand lawfully made under these Regulations;

      (b)   willfully furnishes the Minister or an inspector with any incorrect or incomplete information or explanation;

      (c)   hinders, obstructs or delays an inspector in the performance of his duties or the exercise of his powers under these Regulations;

      (d)   refuses or fails to answer to the best of his knowledge any questions lawfully put to him under these Regulations;

      (e)   contravenes or fails to comply with any provision of these Regulations or of any order;

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[Am by SI 390 of 1967; Act 13 of 1994.]

CONTROL OF GOODS (IMPORT OF MEDICINAL SUBSTANCES AND POISONS) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Particulars to be recorded on containers or labels

   4.   Prohibition on import of specified poisons except by authorised persons

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