DAIRY INDUSTRY DEVELOPMENT ACT

Arrangements of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Application

   3.   Interpretation

PART II
THE DAIRY INDUSTRY DEVELOPMENT BOARD

   4.   Establishment of Board

   5.   Composition of Board

   6.   Functions of Board

   7.   Feeds and feeding

   8.   Animal breeding services

   9.   Animal health and clinical services

   10.   Powers of Board

   11.   Delegation

   12.   Registrar of Board

   13.   Staff of Board

PART III
REGISTRATION PROVISIONS

   14.   Application for registration

   15.   Issue of certificate of registration

   16.   Refusal to register

   17.   Variation, suspension and revocation of registration

   18.   Validity of certificate of registration

   19.   Certificate of registration not transferable

   20.   Replacement of lost or destroyed certificate of registration

   21.   Appeals

   22.   Register

PART IV
THE DAIRY INDUSTRY DEVELOPMENT FUND

   23.   Establishment of fund

   24.   Purpose of Fund

   25.   Management of Fund

   26.   Accounts and annual report

   27.   Auditing of Fund

PART V
GENERAL PROVISIONS

   28.   Obstruction of member or staff of Board

   29.   Inspections

   30.   Offences relating to inspection

   31.   General penalty

   32.   Offence by company

   33.   Regulations

   34.   Repeal of Cap. 230

      SCHEDULE

AN ACT

to regulate the dairy industry so as to develop an efficient and self sustaining dairy industry that will effectively contribute towards poverty alleviation, household food security and employment creation; establish the Dairy Industry Development Board and provide for its functions and powers; enhance milk production in order to fully utilise the capacity of processing facilities, so as to achieve growth in the processing of safe and wholesome high value milk products; provide for the processing, manufacturing, marketing and distribution of milk; ensure collaboration and participation of all stakeholders within the dairy industry and provide a wider service to farmers in the dairy industry; promote self regulation of the dairy industry through the development and use of codes of practice; repeal the Dairies and Dairy Produce Act, 1931; and provide for matters connected with, or incidental to, the foregoing.

[16th April, 2010]

Act 22 of 2010.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Dairy Industry Development Act.

2. Application

This Act shall apply to milk and milk products.

3. Interpretation

In this Act, unless the context otherwise requires—

“animal health service provider” includes any person who is qualified to perform any operation and give or provide any treatment, test, advice, diagnosis or attendance to livestock;

“Board” means the Dairy Industry Development Board established under section 4;

“certificate” means a certificate issued under section 15;

“dairy” means any premises, building or structure used for the production, processing or manufacture of milk or milk products, as the case may be, for sale;

“dairy animal” means an animal which is kept for the purpose of milking;

“dairy industry” means the entire milk and value chain in the dairy sector relating to the production, processing, manufacturing, transportation, marketing, and distribution of milk and milk products;

“dairy sector” means a sub-sector of the agricultural sector dealing with the regulatory, executory and delivery aspects of the dairy industry;

“distributor” means any person who carries on the business of distributing milk or milk products, but does not include a retailer or milk vendor;

“Fund” means the Dairy Development Fund established under section 23;

“milk” means a normal lacteal secretion obtained from the mammary gland of a dairy animal;

“milk product” means any product prepared from milk by an approved process including heating, separation, fermentation, evaporation and drying and includes cultured soured milk, yoghurt, butter, ghee, cream, dairy ice cream and any other product manufactured wholly or with at least ten percent of milk;

“milk shed area” means any part of Zambia which has a sizeable number of stakeholders whether at provincial, district or ward level;

“milk vendor” means a person who carries on the business of selling milk or milk products by delivering the milk or products to the place of residence or business premises of the purchaser;

“Minister” means the Minister responsible for livestock and fisheries development;

“producer” means any person who keeps dairy animals for the production of milk and includes a manager; “processor” means any person who carries out the business of processing milk or manufacturing milk products; “producer processor” means a person who processes milk or manufactures milk products solely obtained from that person’s own farm;

“pasteurised cream” includes any type of milk product, prescribed as pasteurised cream;

“pasteurised milk” includes any type of milk prescribed as pasteurised milk;

“retailer” means any person who buys milk or milk products from a distributor for resale to consumers, but does not include a milk vendor;

“registered person” means any person or a producer, processor, producer processor, marketing agent, importer, exporter, dairy inputs supplier, retailer, milk vendor or manufacturer, registered under section 15;

“regulatory agency” means a public authority that is entrusted with the power to issue and enforce the laws governing the dairy industry or the retail, sale, processing, production, manufacture or handling of goods and products for use by, or consumption of, the public or the provision of services, in particular any authority under the—

      (a)   Local Government Act;

      (b)   Co-operative Societies Act, 1998;

      (c)   Control of Goods Act, 1998;

      (d)   Factories Act;

      (e)   Food and Drugs Act;

      (f)   Food Reserve Act;

      (g)   Markets and Bus Stations Act, 2007;

      (h)   Standards Act;

      (i)   Public Health Act;

      (j)   Pharmaceutical Act, 2004;

      (k)   Stock Diseases Act;

      (l)   Trades Licensing Act;

      (m)   Tsetse Control Act;

      (n)   Veterinary Surgeons Act;

      (o)   Water Act;

      (p)   Environmental Protection and Pollution Control Act;

      (q)   Zambia Development Agency Act, 2006;

      (r)   Agricultural Credits Act;

      (s)   Agricultural Lands Act;

      (t)   Companies Act;

      (u)   Societies Act; and

      (v)   Weights and Measures Act.

“stakeholder” means any person, organization, institution, private or public, interested in, concerned with, or involved in, the dairy industry or development of the dairy industry in Zambia, whether directly or indirectly, and

“Standards Bureau” means the Zambia Bureau of Standards established by the Standards Act.

PART II
THE DAIRY INDUSTRY DEVELOPMENT BOARD

4. Establishment of Board

   (1) There is hereby established the Dairy Industry Development Board which shall be 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 this Act, to do all things as a body corporate may, by law, do or perform.

   (2) The Schedule applies to the Board.

5. Composition of Board

   (1) The Board shall consist of the following part-time members who shall be appointed by the Minister:

      (a)   one person representing the Zambia National Farmers Union;

      (b)   a representative of an association representing veterinarians;

      (c)   one person representing the Dairy Association of Zambia registered under the Societies Act;

      (d)   one person elected by the members of the milk collection centres registered under the Co-operative Societies Act, 1998, or Societies Act;

      (e)   one person representing the Standards Bureau;

      (f)   one person representing the Ministry responsible for finance;

      (g)   one person representing the Ministry responsible for livestock development;

      (h)   one person representing the Dairy Processors;

      (i)   one person representing the Ministry responsible for health; and

      (j)   one person representing the Bankers Association of Zambia.

   (2) The members referred to in sub-section (1) shall be nominated by their respective institutions and shall be appointed by the Minister.

   (3) The members shall elect a Chairperson and Vice Chairperson from amongst their number, except that the members appointed under paragraphs (e), (f), (g), (h), (i) and (j) shall not be elected as Chairperson.

6. Functions of Board

The functions of the Board are to—

      (a)   promote the development of the dairy industry and advise the Minister on policies and strategies for the promotion and development of the dairy industry;

      (b)   regulate the dairy industry in accordance with this Act;

      (c)   carry out or cause to be carried out market research relating to the dairy industry;