COMPULSORY STANDARDS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation

PART II
THE ZAMBIA COMPULSORY STANDARDS AGENCY

   3.   Establishment of Agency

   4.   Seal of Agency

   5.   Functions of Agency

   6.   Board of Agency

   7.   Functions of Board and delegation of functions

   8.   Executive Director

   9.   Secretary and other staff

   10.   Consultative forum

PART III
COMPULSORY STANDARDS

   11.   Compulsory standard

   12.   Distinctive mark

   13.   Certification of products and services

   14.   Special procedure for emergency

   15.   Prohibition of introduction of product or service onto market without compliance with compulsory standard

   16.   Non-compliance with compulsory standard

PART IV
INSPECTORATE

   17.   Establishment of inspectorate and appointment of inspectors

   18.   Power of entry, search and inspection

   19.   Samples and information

   20.   Collection and disposal of samples

PART V
OFFENCES AND PENALTIES

   21.   Supply, sale, manufacture, etc of commodity

   22.   Negligence and issuance of false report

   23.   Prohibition of publication or disclosure of information to unauthorised persons

   24.   General offences

   25.   Offences by principal officer or shareholder of body corporate or unincorporate body

   26.   General penalty

   27.   Additional powers of court

   28.   Civil remedy reserved

PART VI
GENERAL PROVISIONS

   29.   Appeals

   30.   Presumption of importation

   31.   Acts not to be construed as assurances or guarantees

   32.   Regulations

   33.   Transitional provisions

 

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the establishment of the Zambia Compulsory Standards Agency and provide for its powers and functions; provide for the administration and maintenance of compulsory standards for the purpose of public safety and health, consumer protection and environmental protection; and provide for matters connected with, or incidental to, the foregoing.

[1st January, 2018]

Act 3 of 2017,

SI 84 of 2017.

PART I
PRELIMINARY PROVISIONS

1.   Short title

This Act may be cited as the Compulsory Standards Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Agency” means the Zambia Compulsory Standards Agency established under section 3;

“amendment” in relation to a compulsory standard, means the complete or partial substitution of one or more of the provisions of the compulsory standard;

“Board” means the Board of the Agency established under section 6;

“Bureau” means the Zambia Bureau of Standards established under the Standards Act, 2017;

“certification” means the procedure by which a third party gives written assurance that a product, process or service conforms to a specified requirement;

“commodity” has the meaning assigned to it in the Standards Act, 2017;

“compulsory standard” means a standard declared compulsory under this Act;

“conformity assessment” means the procedure used to determine, directly or indirectly, that the relevant requirements of a compulsory standard relating to a commodity, system or body have been fulfilled, and includes an inspection, testing and certification or a combination of these processes;

“distinctive mark” means a mark prescribed under this Act, which is applied to a commodity that complies with a compulsory standard;

“Executive Director” means the person appointed as Executive Director under section 8;

“fee” means money payable to the Agency for a service rendered for the implementation of a compulsory standard, where the Agency is the sole provider of the service;

“inspect” means to examine a product, product design, process, installation or commodity and determine its conformity with the specific requirements of a compulsory standard;

“inspector” means a person appointed as an inspector under section 17;

“levy” means money payable to the Agency by a supplier of a product or service falling within the scope of a compulsory standard;

“manufacture” means to produce, assemble, alter, modify, convert, process or treat;

“member” means a person appointed as a member of the Board;

“person” has the meaning assigned to it in the Constitution;

“premises” means any land, building or structure, and includes a train, boat, ship, aircraft, vehicle, trailer or other conveyance;

“product” has the meaning assigned to it in the Standards Act, 2017;

“Secretary” means the person appointed as such under section 9;

“sell” means to make over or dispose of in exchange for money, and includes to—

   (a)   display, offer or advertise for sale;

   (b)   import into Zambia for or in pursuance of a sale;

   (c)   have in possession for the purpose of sale, trade, manufacture or export; or

   (d)   exchange, donate, lease or offer or display for leasing;

“service provider” means a person who provides a service in respect of which a compulsory standard applies;

“service” means a service provided for remuneration and at the request of a recipient of the service, and includes the process used to deliver the service;

“supplier” means a manufacturer, merchant, distributor, importer or agent who places a commodity onto the market in Zambia;

“WTO” means the World Trade Organisation; and

“Zambian National Standard” means a standard approved by the Bureau under the Standards Act, 2017.

PART II
THE ZAMBIA COMPULSORY STANDARDS AGENCY

3.   Establishment of Agency

   (1) There is established the Zambia Compulsory Standards Agency which is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may, by law, do or perform.

   (2) The Agency may, in consultation with the Board and with the approval of the Minister, establish regional offices for commodities manufactured and imported into Zambia.

   (3) In this section, “regional office” means a provincial or district office in such area as the Board may determine for purposes of this Act.

   (4) The provisions of the First Schedule apply to the Agency.

4.   Seal of Agency

   (1) The seal of the Agency shall be such device as may be determined by the Agency and shall be kept by the Executive Director.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Executive Director or one other person authorised in that regard by a resolution of the Board.

   (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Executive Director or any other person generally or specifically authorised by the Board in that behalf.

   (4) A document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without any further proof, unless the contrary is proved.

5.   Functions of Agency

   (1) The functions of the Agency are to—

   (a)   administer, maintain and ensure compliance with compulsory standards;

   (b)   give premarket approval of high risk commodities falling within the scope of compulsory standards;

   (c)   conduct market surveillance for products falling within the scope of compulsory standards in order to monitor postmarket compliance of commodities with compulsory standards;

   (d)   educate the public on compulsory standards and provide public information for the protection of the consumers on products and services which do not comply with this Act;

   (e)   cooperate with Ministries and other State institutions and international organisations in enforcing compulsory standards; and

   (f)   do all such things as are connected with, or incidental to, the functions of the Agency under this Act.

   (2) The Agency may, in the implementation of its functions under this Act—

   (a)   enter into agreements with conformity assessment service providers to inspect, test or analyse samples on behalf of the Agency;

   (b)   establish specialist committees to provide input into the process of interpreting and implementing compulsory standards;

   (c)   participate in activities of regional or intemational bodies with similar functions to those of the Agency;

   (d)   establish pre and postmarket surveillance systems; and

   (e)   obtain information from suppliers of commodities falling within the scope of compulsory standards.

   (3) The Agency may—

   (a)   withdraw the declaration of a compulsory standard in relation to a product or service;

   (b)   determine the fees payable for an inspection conducted for the purposes of this Act;

   (c)   determine fees for the testing and analysis of samples; and

   (d)   determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion of the fee is payable.

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