Import
and Export Control
The TFDA
control import and export of food, drugs, herbal drugs, cosmetics
and medical devices in order ensure to ensure their safety, quality
and effectiveness.
Import Control of
these products aims to achieve the following:
-
To guarantee
quality and safety of food, drugs,
herbal drugs, cosmetics and medical devices
-
To encourage
importers to source products from reputable suppliers.
-
To meet
concern by local manufacturers that substandard products subject
them to unfair competition.
-
To promote
indigenous innovations
-
To prevent
spreads of diseases and pests
Exportation of products regulated by TFDA aims to achieve the following:
-
To meet
mandatory requirements of importing countries.
-
To compete
successfully in international markets.
-
To establish
national reputation as a reliable supplier of high quality
products.
-
To minimize rejection of
exported products
-
To
fulfill International agreements e.g. export of controlled drugs
What does the law say about
importation and exportation?
Section 5(l) of the
Tanzania Food, Drugs and Cosmetics Act 2003 provides for
requirement for compliance to standard of exported and imported
foods, drugs, cosmetics and medical devices.
Sections 36 – 38 restrict
persons to carry on business of an importer if they are not
registered as an importers and food they intend to import and
provide for requirements for importation of foods.
Section 73 regulates import
and export of drugs, cosmetics and medical devices. It also gives
powers to the TFDA to allow parallel importation of drugs
(importing a drug into a country without authorization of drug
registration holder from another country where it is legitimately
placed). According to this section visitors from abroad are allowed
to come with small quantities of drugs required during the period
of 21 days for medical treatment. It restricts persons to import
drugs with shelf life more than 24 months whose remaining shelf
life is less than 60% and a drug whose shelf life is equal or less
than 24 months whose remaining shelf life is less than 80%.
Requirements for
importation of food
Applicants are granted
import permits after complying with the following requirements:
- Registration of an
importer and food products to be imported
- Application for
importation by filling the relevant forms with some information
required
-
Particulars
of importers;
-
Particulars
of the exporter
-
Registered
food products to be imported
-
Quantities
(in kgs, MT, Litres)
-
Port of entry
-
Expected time
of arrival
-
Food to pass
through a port of entry indicated in the application form.
-
Foods must be
inspected and approved by the inspector at the port of entry before
being released for distribution in the market.
-
Regular
laboratory analysis of foods to check for compliance
-
Samples from
suspect foods can be taken for laboratory analysis
-
Shelf life of
non perishable foods should be more than six months by the time it
arrives at the official port of entry
-
Foods found
non-complying at the port of entry shall be returned to the country
of origin at the expense of the importer or can be destroyed at the
expense of the importer
Requirement for importation
of drugs, herbal drugs, cosmetics and medical devices
Importers of drugs fall
under the following categories; Governmental departments such as
MSD, Non Governmental organizations, whole sellers, Pharmaceutical
manufacturers importing raw materials for manufacture of
pharmaceutical products, holders of ethical clearance certificate
to conduct clinical trials in the country and donations by
individuals or organizations to meet specific needs of the country.
Import permits are issued
after complying with the following requirements:
-
The
application for importation should be accompanied by original
Proforma Invoice from the supplier indicating besides the
aforementioned information, terms of payment, currency of payment,
validity of the proforma, mode of shipment
-
The importer
must have a valid permit to deal with importation of
pharmaceuticals into the country
- Payment of
the prescribed fees should be made (currently 2% FoB)
-
Consignments
shall be accompanied with a certificate of analysis relating to the
specific batch.
- Products
should pass through the port of entry indicated in the proforma
- Drug
inspector at the port of entry inspect products before being
released for use in the country
-
The drug
inspector takes samples for analysis as routine where consignments
are released to the importer, mandatory e.g. for anti-malaria drugs
such as SPs, quinine, artesunate and some antibiotics such as
ampicillin, ciproflaxin, metronidazole, cotrimoxazole amoxyllin,
etc. These are subjected to laboratory analysis before the
inspector at the port of entry releases the consignment.
- Substandard
or non-registered products are condemned or re-exported. This is
preceded by re-inspection to confirm that the consignment is
intact. Generally Drug inspector and Custom officials supervise
re-exportation exercise.
Export Control of foods,
drugs, cosmetics and medical devices
Despite the fact that, it
is the responsibility of importing country to safeguard the health
of its people, exporting countries have a role to play as per
International agreements, such as those stipulated under World
Trade Organizations (WTO) and other conventions. The need to have
export control of products is to maintain or increase the
confidence of the purchaser in the quality, safety and
effectiveness of the products exported. Assurance is not only
limited to end products quality, safety and effectiveness, but on
the status of the control infrastructure. These include assurance
on adequacy of legislation, effectiveness of inspection and
laboratory services and the administration of the product control
activities. Also importing countries demand WHO type GMP
certification of manufacturing.
Control of food exports
Many importing countries
demand assurance from a food regulatory agency that the food
complies with the relevant standards. CODEX ALIMENTARIUS COMMISSION
STANDARDS are used as reference standards. Practices in relation to
International trade in food recognise WTO agreements and Sanitary
and Phytosanitary measures (SPS). These must be science based and
must not apply stringent measures that cannot be justified
scientifically. Importing countries demand Sanitary certificates
(Health certificates) from recognized government regulatory agency.
The certificate contains among other particulars; type and
quantities of food, quality status of the food, whether processed
in registered and licensed premises and any specific requirement
prescribed by the importing country.
In Tanzania, health
certificates are issued to exporters whose trade partners
demand such certificates. Before they are issued, consignments are
inspected and samples from such consignments are subjected to
laboratory analysis to ascertain its quality and safety
Control of drugs, cosmetics
and medical devices export
Drugs for export may
require GMP certification by TFDA if the importer requires. Drugs
may be required to be subjected to laboratory analysis to check
compliance with specifications. An export certification is issued
upon being satisfied of the product quality, safety, effectiveness
and that the product is allowed to circulate in the local market.
Problems associated with
control of import of food, drugs, cosmetics and medical devices
- Importation through
unofficial ports of entry.
- Lack of awareness among
importers of the products on the requirements for importation
therefore results in late processing of importation, which causes
unnecessary delays.
- False declaration of type
or and quantities of products imported. This means that some
products can pass through port of entry without being inspected.
- Evolving new health risks
associated with the products such as BSE.
- Fake proforma invoice
- A significant quantity of
the consignment being declared as free sample
TFDA recognizes the
existence of the aforementioned problems and currently inspection
in general is being evaluated in order to come up with a new
approach, which shall take into consideration the existing
limitations.