The Cashewnut Industry Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.167
CHAPTER 203
THE CASHEWNUT INDUSTRY ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
THE CASHEWNUT BOARD OF TANZANIA
3. Establishment of Board.
4. Composition of Board.
5. Functions of Board.
6. Committees of Board.
7. Delegation of powers.
8. Direction of Minister.
9. Director General.
10. Employees of Board.
11. Appointment of agents and contractors.
part iii
REGISTRATION OF CASHEWNUT GROWERS AND TRADERS
12. Registration of cashewnuts dealers.
13. Maintenance of register.
14. Contract farming.
part iv
LICENSING, MARKETING AND INSPECTION
15. Issuance of licence.
16. Forms of licence.
17. Cancellation or suspension of licences.
18. Payment of export levy.

NSING, MARKETING AND INSPECTION
15. Issuance of licence.
16. Forms of licence.
17. Cancellation or suspension of licences.
18. Payment of export levy.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.168
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
19. Offences relating to licences.
20. Grading of cashewnuts.
21. Appointment of cashewnuts grading expert.
22. Appointment of cashewnuts inspectors.
23. Powers of inspectors.
24. Prohibition of adulteration of cashewnut.
part v
FINANCIAL PROVISIONS
25. Assets and liabilities to vest in Board.
26. Funds and resources of Board.
27. Books of accounts and audit.
28. Annual report.
29. Remuneration of members.
part vi
MISCELLANEOUS PROVISIONS
30. General offences and penalties.
31. Forfeiture.
32. Offences committed by body corporate.
33. Liability of agent and principal.
34. Notification of order and directions.
35. Burden of proof.
36. Protection of members.
37. Stakeholders’ meeting.
38. Powers to make regulations.
39. Powers to make by-laws.
40. Repeal.
41. Savings.
SCHEDULE

f.
36. Protection of members.
37. Stakeholders’ meeting.
38. Powers to make regulations.
39. Powers to make by-laws.
40. Repeal.
41. Savings.
SCHEDULE

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.169
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Cashewnut Industry Act. 2.–(1) In this Act, unless the context otherwise requires
“adulteration” means a situation whereby foreign materials
such as stones, sand, block, water and useless organic
materials have been added or mixed with raw cashewnut
for purposes of increasing weight;
“association” means an association formed and registered
under the Co-operative Societies Act;
“Board” means the Cashewnut Board of Tanzania established
under section 3;
“buying centre” means a place designated by a local authority
and approved by the Board to be a cashewnut buying
centre;
“cashewnut” means raw cashewnut after harvesting;
“cashewnut by-product” means products obtained from
processing cashewnuts including cashewnut shell liquid,
cashew waste and cashew apple;
Short title
Interpretation
Cap.

t” means products obtained from
processing cashewnuts including cashewnut shell liquid,
cashew waste and cashew apple;
Short title
Interpretation
Cap.

211
CHAPTER 203
THE CASHEWNUT INDUSTRY ACT
An Act to make provisions for the establishment of the Cashewnut Board, to
provide for the regulation of cashewnut production, grading, processing
and marketing and kernels, and to provide for other related matters. [1st November, 2010]
[GN. No. 377 of 2010]
Acts Nos. 18 of 2009
15 of 2010
4 of 2018
5 of 2022

and kernels, and to provide for other related matters. [1st November, 2010]
[GN. No. 377 of 2010]
Acts Nos. 18 of 2009
15 of 2010
4 of 2018
5 of 2022

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.170
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E.

ia. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.170
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E.

2023]
“cashewnut dealer” means any person engaged in
production, marketing, storage, processing, importation
or exportation of cashewnuts;
“contract farming” means farming under an agreement
between cashewnuts growers, farmers or producers
on one part and cashewnut industry financiers such as
cashewnut buyers and sellers, cashewnut processors or
bankers on the other part;
“Director” means an officer in-charge of the department in
the Ministry responsible for crop development services;
“Director General” means the Chief Executive Officer of the
Board appointed under section 9;
“former Board” means the Board established by the
provisions of the Cashewnut Board of Tanzania Act;
“input” means planting material, agrochemical, fertilizer,
packaging material and farm implements;
“inspector” means any officer authorized by the Board or
District Authority to act as an inspector in accordance
with the provisions of this Act;
“kernels” means nuts produced from processed cashewnuts;
“large scale processor” means any person doing the activity
of processing cashewnut with the capacity of above five
tons per year;
“large scale farmer” means any person doing the activity of
growing cashewnut with the capacity of producing above
five tons per year;
“local government” means district authority established
under the Local Government (District Authorities) Act or
urban authority established under the Local Government
(Urban Authorities) Act;
“medium scale processor” means any person doing the
activity of processing cashcwnuts with the capacity of one
to five tons per day;
“member” in relation to the Board, means a member of the
Board and includes a Chairman of the Board;
“Minister” means the Minister responsible for agriculture;
Act No.

ion to the Board, means a member of the
Board and includes a Chairman of the Board;
“Minister” means the Minister responsible for agriculture;
Act No.

21 of 1984
Caps. 287
and 288

21 of 1984
Caps. 287
and 288

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.171
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E.

ia. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.171
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E.

2023]
“premises” includes land, building, factory, erection, vehicle,
article, or receptacle used for the purpose of growing,
sorting, processing, transporting or in any activity
connected with the handling of cashewnut;
“processing” with its grammatical variations and cognate
expressions means any act or thing done to cashewnuts
for the purpose of extracting kernels there from;
“senior officer” means an officer who is the head of a unit,
section or department;
“small scale farmer or grower” means any person doing the
activity of growing cashcwnuts with the capacity of less
than one ton per year;
“small scale processor” means any person doing the activity
of processing cashewnuts with the capacity of less than
one ton per day;
“stakeholders’ meeting” means the meeting of all cashewnuts
stakeholders held at least once a year to agree on the
funding and implementation or otherwise of the shared
functions and other matters of common interest to the
cashewnuts stakeholders;
“stakeholder” means a public dealer in the cashewnut industry
including the Central Government, local government
authorities, cooperative societies, the Cashewnut Board,
Cashewnut Research Institutes, cashewnut traders,
processors and farmers orgnisations;
“shared function” means joint function to be undertaken
by all cashewnuts stakeholders as agreed from time to
time and includes research, extension, input supply, crop
promotion and development, promotion of fair trade and
competition; and
“regulatory function” includes data collection; data analysis
and dissemination; market information; enforcement
of law and order; making and enforcing rules and
regulations for proper production, processing, marketing,
importation, exportation and storage of cashewnut and
inputs, inspection and quality control of raw cashewnuts,
kernels and cashewnut by-products, setting indicative

portation and storage of cashewnut and
inputs, inspection and quality control of raw cashewnuts,
kernels and cashewnut by-products, setting indicative

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.172
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
prices and all functions financed exclusively by the
Government. PART II
THE CASHEWNUT BOARD OF TANZANIA
3.–(1) There is hereby established a Board to be known as the
Cashewnut Board of Tanzania. (2) The Board established under subsection (1), shall be a
body corporate and shall-
(a) have perpetual succession and a common seal,
(b) in its corporate name be capable of suing and being
sued;
(c) be capable of purchasing or acquiring in any manner
and alienating any movable and immovable property;
(d) be capable of entering into any contract or agreement
as it may be necessary or expedient for the proper
performance of its functions under the provisions of
this Act; and
(e) perform all such other things which a body corporate
may lawfully perform.

oper
performance of its functions under the provisions of
this Act; and
(e) perform all such other things which a body corporate
may lawfully perform.

4.–(1) The Board shall consist of the Chairman to be appointed
by the President upon the advice of the Minister, and other
eight members to be appointed by the Minister as follows-
(a) one member representing large scale cashewnut
processors;
(b) two members representing cashewnut farmers;
(c) one member representing small scale cashewnut
processors;
(d) one member representing the Ministry;
(e) one member representing cashewnut researchers; and
(f) two members who possess experience and knowledge
in the cashewnuts industry. (2) The Minister shall, in appointing members of the Board
under subsection (1), ensure that appointment is made from
Establishment of
Board
Composition of
Board

ister shall, in appointing members of the Board
under subsection (1), ensure that appointment is made from
Establishment of
Board
Composition of
Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.173
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
three names of candidates as nominated or elected by the
relevant Cashewnut Industry sector. (3) The provisions of the Schedule to this Act shall have
effects as to the tenure of office and termination of membership
and the procedure for the proceedings of the meeting of the
Board and other matters related to the Board. (4) The Minister may amend or replace any provisions of
the Schedule to this Act. 5.–(1) The Board shall carry out regulatory functions and other
activities necessary, advantageous or proper for the benefit of
the cashewnut industry.

.–(1) The Board shall carry out regulatory functions and other
activities necessary, advantageous or proper for the benefit of
the cashewnut industry.

(2) The functions of the Board under subsection (1) shall in
particular include to-
(a) advise the Government on the policies and strategies
for the development of cashewnut industry in order
to improve the quality and increase in production
competitiveness in local and international market;
(b) regulate and control the quality of cashewnuts, kernels
and kernels and cashewnuts by-products;
(c) collect, refine, maintain use or disseminate information
or data concerning the cashewnut industry;
(d) promote and facilitate the formation of associations;
(e) enforce the implementation of regulations in respect
of farming, marketing, processing, transporting and
storage of cashewnuts;
(f) represent the Government in local and international for
a dealing with matters relating to cashewnut industry;
and
(g) link efforts of stakeholders in expanding and
modernizing the cashewnut industry in Tanzania. (3) The Board shall, subject to subsection (2), have powers
to-
(a) grant licences or permits for buying, processing and
exporting of cashewnuts;
(b) register cashewnuts growers, buyers, sellers, processors
and exporters;
Functions of
Board

its for buying, processing and
exporting of cashewnuts;
(b) register cashewnuts growers, buyers, sellers, processors
and exporters;
Functions of
Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.174
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(c) appoint inspectors for the inspection of cashewnuts farms,
cashewnuts, kernels, premises, processing facilities, ware-
houses and any other facility that may be inspected for
the better carrying out of any of the provisions of this Act;
(d) provide the basis or method of pricing of cashewnuts
and other products related thereto;
(e) arbitrate between farmers, traders, processors,
warehouse operators and others in disputes relating to
cashewnuts business; and
(f) do anything which in the opinion of the Board is
calculated to facilitate and enhance the proper exercise
of the functions of the Board under this Act. (4) The Board shall for the interest of the cashewnuts
industry development and subject to approval of the Minister
and any other relevant written laws, perform any commercial
activity or hold interest in any undertaking, enterprise or
project associated with the cashewnut industry.

evant written laws, perform any commercial
activity or hold interest in any undertaking, enterprise or
project associated with the cashewnut industry.

(5) The Board shall, in the exercise of its powers and in the
performance of its functions under this Act, act in such manner as
may be appropriate to promote the quality and competitiveness
in the cashewnut industry within and outside Tanzania. 6. The Board may, for the purpose of facilitating performance
of its functions, establish such number of committees as may
be appropriate for proper performance of the functions of the
Board. 7.–(1) The Board may, upon such terms and conditions as
it may specify, delegate to any committee of the Board, the
Director General or any other employee of the Board some of
its functions, powers and duties conferred under this Act. (2) The delegation made under subsection (1) shall not
prevent the Board from performing the functions or exercising
the powers delegated. 8. The Minister may, in writing, give to the Board directions of
a general or specific character about the exercise of its powers
Committees of
Board
Delegation of
powers
Direction of
Minister

he Board directions of
a general or specific character about the exercise of its powers
Committees of
Board
Delegation of
powers
Direction of
Minister

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.175
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
or performance of its functions and the Board shall give effect
to every such direction. 9.–(1) The Board shall, upon approval of the Minister, employ
Director General who shall be the Chief Executive Officer of
the Board. (2) The Director General employed under subsection (1)
shall-
(a) perform the functions and exercise the powers of the
Board provided for under this Act as delegated by the
Board;
(b) manage the budget, personnel and property of the
Board;
(c) keep all records of the affairs and the meetings of the
Board; and
(d) ensure the implementation of decisions and directives
of the Board. (3) The Director General may delegate his powers to officers
and employees of the Board. (4) The Director General shall hold office for a term of five
years and shall be eligible for re-appointment subject to the
satisfaction of the Board. 10.–(1) The Board shall employ such number of senior officers
to the management of the Board under the supervision of the
Director General.

the Board. 10.–(1) The Board shall employ such number of senior officers
to the management of the Board under the supervision of the
Director General.

(2) The Director General shall employ such other employees
as may be necessary for efficient performance of the functions
of the Board under his supervision on such terms and
conditions stipulated in their employment contracts. (3) Every person who was an employee of the former Board
shall be deemed to have been employed by the Board on
the same terms and conditions which were applicable to his
employment by the former Board. (4) Where any person by virtue of the provision of subsection
(2) becomes an employee of the Board, his employment by
Director General
Employees of
Board

Where any person by virtue of the provision of subsection
(2) becomes an employee of the Board, his employment by
Director General
Employees of
Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.176
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
the former Board and his employment by the Board shall be
deemed to be continuous. 11.–(1) The Board may appoint and employ upon such
terms and conditions such agents or contractors as it may
deem necessary for the better carrying out of its functions as
provided for under the provisions of this Act. (2) The agents or contractors appointed pursuant to
subsection (1), shall perform specific function as may be
assigned to them by the Board and shall be answerable to the
Board. PART III
REGISTRATION OF CASHEWNUT
GROWERS AND TRADERS
12.–(1) Every cashewnut dealer, being a buyer, processor,
importer, exporter or warehouse owner or operator shall be
required to register with the Board. (2) Application for registration shall be made to the Board
in the form and manner prescribed in the regulations. (3) Upon registering cashewnut dealers, the Director
General shall issue or cause to be issued a registration number
to dealer.

ed in the regulations. (3) Upon registering cashewnut dealers, the Director
General shall issue or cause to be issued a registration number
to dealer.

(4) Procedures for registration of cashewnut dealer shall be
prescribed in the regulations. 13.–(1) There shall be a register of cashewnuts dealer into
which all matters relating to cashewnuts industry referred to
under this Act shall be entered. (2) The Board shall cause a register of all land on which
cashewnut is planted, owners, occupiers and managers of such
lands, all buildings used or intended to be used for grading
cashewnuts, market centers, warehouses and cashewnuts
processing factories to be kept and maintained. (3) The register shall be a public document and may be
accessible to the public upon request. Appointment
of agents and
contractors
Registration
of cashewnuts
dealers
Maintenance of
register

ent and may be
accessible to the public upon request. Appointment
of agents and
contractors
Registration
of cashewnuts
dealers
Maintenance of
register

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.177
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(4) Any person shall have the right to demand and be given
an extract from the register upon payment of fee as may be
prescribed. 14.–(1) A registered farmer may, for the purpose facilitating
farming activities, enter into contract for farming with any
cashewnuts production financier, buyer, processor or any other
person interested in sponsoring production and marketing of
the farmer’s produce. (2) The contract farming shall be in the prescribed standard
form approved by the Board and shall contain-
(a) names, address and status of the registered farmer;
(b) name address and status of the financier;
(c) obligations of the parties;
(d) type or kind of facilitation to be granted to the farmer;
(e) terms and conditions imposed on the farmer; and
(f) such other information as may be necessary for the
purpose of the contract for farming. (3) Every contract for farming made shall be submitted to
the Board for perusal and registration.

cessary for the
purpose of the contract for farming. (3) Every contract for farming made shall be submitted to
the Board for perusal and registration.

(4) The Board shall have the mandate to monitor the
implementation of contract for farming in order to protect
interest of both parties. (5) A person being a financier shall not facilitate a registered
farmer in any manner without a contract for farming made in
accordance with the provisions of this Act. (6) A person who contravenes this section, commits an
offence and on conviction shall be liable to a fine of not less
than five million shillings or to imprisonment for a term of not
less than six months and not more than two years or to both. PART IV
LICENSING, MARKETING AND INSPECTION
15.–(1) A person registered as a cashewnut buyer, seller,
processor, exporter, importer, warehouse owner or operator
shall be required to apply for a licence. Contract farming
Issuance of
licence

yer, seller,
processor, exporter, importer, warehouse owner or operator
shall be required to apply for a licence. Contract farming
Issuance of
licence

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.178
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(2) Application for licence shall be made in the prescribed
form as set out in the regulations and contains the particulars
of the applicant, the cashewnuts activities involved, location of
the business and such other information as may be required
for that purpose. (3) The Board may, after consideration of application-
(a) issue licence upon such terms and conditions as it may
prescribe; or
(b) refuse to issue such licence and direct the Director
General to inform the applicant the reasons for refusal. (4) A person shall not buy, sell, process, own or operate
a warehouse or export any cashewnuts on commercial basis
without licence issued by the Board. 16. All licences granted under the provisions of this Act shall
be issued subject to such terms and conditions as the Board
may impose and be stamped by the seal of the Board duly
signed by an authorised officer.

l
be issued subject to such terms and conditions as the Board
may impose and be stamped by the seal of the Board duly
signed by an authorised officer.

17.–(1) The Board may suspend or cancel a licence issued
under this Act where it is satisfied that-
(a) the terms or conditions prescribed in the licence have
been violated; or
(b) the licence holder has ceased to exist. (2) Where a licence has been suspended or cancelled, the
Board shall direct the Director General to-
(a) notify the licence holder of the cancellation or
suspension and require that person to stop his
operation; and
(b) remove the name of such licence holder from the
Register. (3) Procedures for suspension or cancellation of the licence
issued under this Act shall be as may be prescribed in the
regulations. (4) A person aggrieved by the decision of the Board made
pursuant to subsection (1) may, within sixty days from the date
of the decision appeal to the Minister. Forms of licence
Cancellation or
suspension of
licences

to subsection (1) may, within sixty days from the date
of the decision appeal to the Minister. Forms of licence
Cancellation or
suspension of
licences

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.179
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
18.–(1) A person who exports raw cashewnuts shall pay an
export levy to be computed and collected by the Tanzania
Revenue Authority at the rate of 15 per centum of the FOB
value or the amount equivalent to United States dollars one
hundred sixty per metric tone, whichever is higher. (2) The total amount of export levy collected under
subsection (1) shall be distributed in the following manner:
(a) 50% shall be remitted to the Ministry responsible
for agricultural input subsidy and the Agriculture
Development Fund; and
(b) 50% shall be remitted to the Consolidated Fund. [s. 17A]
19.–(1) A person who markets, imports, exports or processes
cashewnuts without a licence issued under this Act, commits
an offence and on conviction shall be liable to a fine of not
less than ten million shillings and not more than five hundred
million shillings or to imprisonment for a term not less than
two years and not more than five years or to both.

llings and not more than five hundred
million shillings or to imprisonment for a term not less than
two years and not more than five years or to both.

(2) Any holder of a licence issued under this Act, who in
any way, transfers that licence to another person, commits
an offence and on conviction shall be liable to a fine of not
less than ten million shillings and not more than five hundred
million shillings or to imprisonment for a term not less than
two years and not more than five years or to both. [s. 18]
20. All cashewnuts brought at the buying centres for sale shall
be kept in grades depending on the quality of the cashewnuts. [s. 19]
21.–(1) The Board shall appoint a technically qualified
person to be a grading expert who shall verify grades of all
cashewnuts to be stored or kept in warehouses, factories and
ports awaiting to be exported. (2) A person appointed to be a grading expert shall be registered
by the Board as a grading expert prior to assumption of duty. Payment of
export levy
Acts Nos. 15 of 2010 s. 4
4 of 2018 s. 15
5 of 2022 s. 15
Offences relating
to licences
Grading of
cashewnuts
Appointment
of cashewnuts
grading expert

Acts Nos. 15 of 2010 s. 4
4 of 2018 s. 15
5 of 2022 s. 15
Offences relating
to licences
Grading of
cashewnuts
Appointment
of cashewnuts
grading expert

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.180
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(3) A person who trades in cashewnuts, which have not
been graded by a grading expert duly registered by the Board,
commits an offence and on conviction shall be liable to a fine
of not less than two million shillings and not more than five
hundred million shillings or to imprisonment for a term of not
less than one year and not more than ten years or to both. (4) A person who purports to grade cashewnuts without
qualification as a grading expert registered by the Board,
commits an offence and on conviction shall be liable to a fine
of not less than two million shillings and not more than five
hundred million shillings or to imprisonment for a term of not
less than one year and not more than five years or to both. (5) The Board shall, subject to the approval by the
Minister, make regulations in respect of procedures for
grading, processing, storage, transportation and marketing of
cashewnuts. [s.

approval by the
Minister, make regulations in respect of procedures for
grading, processing, storage, transportation and marketing of
cashewnuts. [s.

20]
22.–(1) The Board may, subject to prior consultation with other
relevant sectors, engage competent persons to be cashewnuts
inspectors who shall have and exercise powers generally to-
(a) supervise the arrangement for land preparation,
cultivation, nurseries, farm management, harvesting,
drying, packing, transportation and storage of
cashewnuts;
(b) inspect cashewnuts farms, processing plants, marketing
centres; and
(c) take samples and certify the weight and quality of
cashewnuts as are provided for in this Act or as may be
prescribed by the cashewnuts regulations. (2) A person engaged by the Board shall perform duties
upon such terms and conditions as may be determined by the
Board. [s. 21]
Appointment
of cashewnuts
inspectors

gaged by the Board shall perform duties
upon such terms and conditions as may be determined by the
Board. [s. 21]
Appointment
of cashewnuts
inspectors

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.181
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
23-(1) A cashewnuts inspector or any other person duly
authorised in writing in that behalf may, at any reasonable time,
enter into any vehicle or carrier or any place where cashewnuts
are grown, processed, packed, stored or sold and inspect or
examine the same for the purpose of ensuring compliance
with the provisions of this Act, regulations or rules made and
directions given or order made by the Minister, the Director
or the Board. (2) The cashewnuts inspector or any authorised person may,
for the purpose of securing compliance with the provisions of
this Act, regulations, by-laws, order or directions take samples
of any cashewnuts found in any store, plant or carrier, or any
other place or premises including any land and may, subject
such samples to a test as he may deem necessary.

nd in any store, plant or carrier, or any
other place or premises including any land and may, subject
such samples to a test as he may deem necessary.

(3) A person who obstructs the cashewnuts inspector or any
other authorised person in the exercise of the power conferred
upon him by this Act, or who neglects or refuses to produce
to the cashewnuts inspector or any other authorised person
book, record or anything which the cashewnuts inspector or
any other authorised person request to be produced for his
inspection, commits an offence. [s. 22]
24. A person who adds, cause or permit to be added any foreign
or extraneous matter to any cashewnuts for the purposes of
adulteration, commits an offence and on conviction-
(a) in case of a small holder farmers shall be liable to a fine
of not less than ten million shillings but not more than
fifty million shillings or to imprisonment for a term of
not less than two years but not more than five years or
to both; and
(b) in case of large-scale farmer, processor or trader, shall
be liable to a fine of not less than fifty million shillings
but not exceeding two hundred million shillings or to
imprisonment for a term of not less than five years but
not more than ten years or to both. [s. 23]
Powers of
inspectors
Prohibition of
adulteration of
cashewnut

t for a term of not less than five years but
not more than ten years or to both. [s. 23]
Powers of
inspectors
Prohibition of
adulteration of
cashewnut

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.182
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
PART V
FINANCIAL PROVISIONS
25. Subject to any directions of the Minister, the assets and
liabilities of the former Board shall, by virtue of this Act and
without further assurance, vest in the Board. [s. 24]
26. The funds and resources of the Board shall consist of-
(a) such sums of money as may be provided by the
Parliament;
(b) any money raised by way of loans, donations or grants
made within and outside the United Republic;
(c) any loan or subsidy granted to the Board by the
Government or any other person; and
(d) such sums of money or property which may become
payable to, or vested in the Board under this Act or any
other written law or in respect of any matter incidental
to the carrying out of its functions. [s.

le to, or vested in the Board under this Act or any
other written law or in respect of any matter incidental
to the carrying out of its functions. [s.

25]
27.–(1) The Board shall cause to be kept and maintained
proper books of accounts with respect to-
(a) all sums of money received and expended by the
Board and matters in respect of which the receipt and
expenditure take place;
(b) all the assets and liabilities of the Board; and
(c) the income and expenditure statement of the Board. (2) The auditing of the financial reports and books of
accounts of the Board shall be done by the Controller and
Auditor-General. [s. 26]
28.–(1) The Board shall, not later than six months after the end
of financial year, submit to the Minister a copy of the audited
accounts and annual report on the activities of the Board in
respect of that year. Assets and
liabilities to vest
in Board
Funds and
resources of
Board
Books of accounts
and audit
Annual report

s of the Board in
respect of that year. Assets and
liabilities to vest
in Board
Funds and
resources of
Board
Books of accounts
and audit
Annual report

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.183
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(2) The Minister shall, within a period of six months after
the accounts have been audited, lay the audited accounts and
audit report before the National Assembly. (3) For the purpose of this section “financial year” means
the period not exceeding twelve consecutive months which is
in conformity with the financial year of the Government. [s. 27]
29. The Chairman and other members of the Board shall be
paid such allowances at such rates as the Minister may, in
consultation with the Minister responsible for finance, approve
from time to time. [s. 28]
PART VI
MISCELLANEOUS PROVISIONS
30. A person who contravenes any of the provisions of this
Act where no specific penalty has been provided, commits
an offence and on conviction shall be liable to a fine of not
less than two million shillings and not more than ten million
shillings or to imprisonment for a term of not less than two
years and not more than ten years or to both. [s.

shillings and not more than ten million
shillings or to imprisonment for a term of not less than two
years and not more than ten years or to both. [s.

29]
31.–(1) The Court may, where it convicts a person of an offence
under this Act, order in addition to any penalty imposed, the
property in respect of which the offence has been committed
be forfeited by the Government. (2) Any property forfeited under this section shall be
delivered to the Government and be vested in the Board free
of any mortgage, charge, lien or other encumbrance. [s. 30]
32. Where any offence under this Act is committed by a body
corporate, such body corporate, as well as any person who at
the time of the commission of the offence was concerned, as a
Remuneration of
members
General offences
and penalties
Forfeiture
Offences
committed by
body corporate

e commission of the offence was concerned, as a
Remuneration of
members
General offences
and penalties
Forfeiture
Offences
committed by
body corporate

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.184
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
director or an officer, with the management of the affairs of the
body corporate commits an offence and on conviction shall
be liable and be punished accordingly unless he proves to the
satisfaction of the court that he had no knowledge and could
not by the exercise of reasonable diligence have knowledge of
the commission of the offence. [s. 31]
33. Where an offence under this Act or any subsidiary legislation
made under is committed by a person as an agent or employee
of the principal, the principal or employer commits an offence
and on conviction shall be liable and be punished accordingly
unless he proves to the satisfaction the court that he had no
knowledge and could not by the exercise of reasonable diligence
have knowledge of the commission of the offence. [s. 32]
34.

the court that he had no
knowledge and could not by the exercise of reasonable diligence
have knowledge of the commission of the offence. [s. 32]
34.

Where any order or direction made or given by the Minister
to the Director or the Board under this Act is not required
to be published in the Gazette, the order or direction shall be
brought to the notice of persons affected or likely to be affected
thereby in a manner determined by the Minister or the Board. [s. 33]
35. In any proceedings for an offence under this Act the
burden to prove that the order, direction or requirements, the
contravention of which constitutes the offence with which
the accused is charged, shall not lie on the accused, and in the
case of an order, direction or requirement not published in
the Gazette, that he had no notice of the contents of the order,
direction or requirement shall lie on the accused. [s. 34]
36. No matter or thing done or omitted to be done by any
member, officer servant or agent of the Board shall, if done
in good faith for the purpose of carrying out the provisions
of this Act or of any order or regulations made thereunder,
Liability of agent
and principal
Notification
of order and
directions
Burden of proof
Protection of
members

any order or regulations made thereunder,
Liability of agent
and principal
Notification
of order and
directions
Burden of proof
Protection of
members

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.185
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
subject any person to any action, liability, claim or demand
whatsoever. [s. 35]
37.–(1) For the purposes of promoting the development of the
cashewnut industry, there shall be a stakeholder’s forum which
shall be responsible for-
(a) putting in place mechanisms for the management and
funding of the shared functions;
(b) making procedures for conducting annual general
meetings;
(c) determining modalities for financing its activities and
meetings;
(d) establishing stakeholders’ secretariat and other organs
for better carrying out the shared functions. (2) The stakeholders’ meeting shall be held at least once
in every year for the purpose of agreeing on the funding and
implementation of the shared functions and other matters of
common interest. [s. 36]
38.–(1) The Minister may, upon consultation with the Board,
make regulations for the better carrying out of the provisions
and purposes of this Act.

]
38.–(1) The Minister may, upon consultation with the Board,
make regulations for the better carrying out of the provisions
and purposes of this Act.

(2) Without prejudice to the generality of subsection (1),
the Minister may make regulations-
(a) prescribing various forms to be used under this Act;
(b) regulating and governing all aspects in dealing with
cashewnuts;
(c) prescribing procedures for registration, issuance,
suspension and cancellation of licences;
(d) providing for the grading, classification and definitions
of grades of cashewnuts whether processed or not;
(e) making provisions for better farming and trading of
cashewnuts;
Stakeholders’
meeting
Powers to make
regulations

hewnuts whether processed or not;
(e) making provisions for better farming and trading of
cashewnuts;
Stakeholders’
meeting
Powers to make
regulations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.186
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(f) providing for the inspection of cashewnuts grown,
processed, imported or exported and for the
appointment of inspectors and prescribing their duties;
(g) providing for the procedures for sampling, inspection,
weighing and determination of quality of cashewnuts;
(h) providing for records or information to be kept by
cashewnuts dealers;
(i) prescribing the forms and particulars to be included in
any return, information or statistics to be submitted by
the cashewnuts traders under the provisions of this Act;
(j) prescribing procedures for appeals under this Act;
(k) prescribing procedures for management and
maintenance of the register;
(l) providing for any fee or levies to be chargeable under
this Act and the management of such fees or levies; and
(m) prescribing anything which is to be or may be prescribed
under this Act. (3) The regulations made under this section shall be
published in the Gazette. [s. 37]
39.

nything which is to be or may be prescribed
under this Act. (3) The regulations made under this section shall be
published in the Gazette. [s. 37]
39.

Subject to this Act and regulations made thereto, a local
government authority may, upon consultation with the
Minister, make by-laws for the better carrying out of the shared
functions agreed upon by cashewnuts stakeholders. [s. 38]
40. [Repeals Cashewnut Board of Tanzania Act]. [s. 39]
41. Notwithstanding the repeal of the Cashewnut Board of
Tanzania Act, all the directions given and all regulations, orders,
notices or rules made shall be deemed to be directions given
and regulations made by or on behalf of the Board under the
provisions of this Act and shall remain in force until revoked
by directions given or regulations made under this Act. [s. 40]
Powers to make
by-laws
Repeal
Act No. 21 of 1984
Savings
Act No. 21 of 1984

il revoked
by directions given or regulations made under this Act. [s. 40]
Powers to make
by-laws
Repeal
Act No. 21 of 1984
Savings
Act No. 21 of 1984

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.187
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
SCHEDULE
Made under section 4(3)
PROVISIONS RELATING TO THE BOARD
1.–(1) The members of the Board shall hold office for a period of
three years from the date of appointment and shall be eligible for re-
appointment for one more term. (2) Notwithstanding subparagraph (1), any member of the Board
may at any time resign from the Board by giving notice in writing to
the Minister and from the date specified in the notice or, if no date
specified, from the date of receipt of the notice by the Minister, he shall
cease to be a member. (3) A Board member, who is a member by virtue of his holding some
office, shall cease to be a member upon his ceasing to hold that office. (4) Where a person ceases to be a member for any reason before
the expiration of his term of office, the Minister shall appoint another
person in his place and the person so appointed shall hold office for the
remainder of the term of office of his predecessor.

er shall appoint another
person in his place and the person so appointed shall hold office for the
remainder of the term of office of his predecessor.

2.–(1) The Board shall meet four times a year for ordinary business and
may convene extra ordinary meetings as it may be deemed necessary
for the discharging its functions under this Act. (2) The Board of directors shall appoint one of their members to be
a Vice-Chairman. (3) All meetings of the Board shall be convened by the Chairman
or in the absence by the Vice-Chairman and in the absence of both,
the members present shall elect one of their members to be an interim
Chairman of that meeting. (4) The Chairman, or in the absence, the Vice Chairman, shall
convene a special meeting of the Board upon a request in writing signed
by not less than four members or the Board for such a meeting and shall
cause such a meeting to be held within twenty one days of receiving
such request. 3. The Board may co-opt any person to attend any deliberations of the
meeting of the Board as an expert but such person so co-opted shall not
have the right to vote
4.–(1) The quorum of the meetings of the Board shall be two thirds of
the total number of members, and matters or things to be done by the
Board shall be decided by a simple majority of the members present at
the meeting.

he total number of members, and matters or things to be done by the
Board shall be decided by a simple majority of the members present at
the meeting.

(2) Each member of the Board shall have one vote and in the event
of equality of votes, the Chairman of the meeting shall have a casting
vote. Tenure of office
Meetings of
Board
Co-opted
members
Quorum and
decision of Board

lity of votes, the Chairman of the meeting shall have a casting
vote. Tenure of office
Meetings of
Board
Co-opted
members
Quorum and
decision of Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.188
THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023]
(3) Notwithstanding subparagraphs (1) and (2) decisions may be
made by the Board by circulation of papers to the members whereby
each member shall express his views in writing:
Provided that, any member may require that any such decision be
deferred for discussion at a full meeting of the Board. 5. A member who is in anyway directly or indirectly interested in a
contract declare or proposed contract or any matter being deliberated
by the Board shall declare the nature or his interest to the other
directors. 6. Minutes of each meeting of the Board of Directors shall be kept in
proper form and be confirmed by the Board at its next meeting and
signed by the Chairman of the meeting. 7. Subject to the provisions of paragraph 4 relating to quorum, the
Board notwithstanding any vacancy in the members thereof, no act or
proceedings of the Board shall be invalid by reason only or some defect
in the appointment of a person who purports to be a member thereof.

no act or
proceedings of the Board shall be invalid by reason only or some defect
in the appointment of a person who purports to be a member thereof.

8.–(1) There shall be a Common Seal of the Board which shall be of
such shape, size and form as the Board may determine. (2) The Seal of the Board shall not be affixed to any deed, instrument,
contracts or agreements, to which the Board is a party except in the
presence of Chairman or a member authorised by him and the Director
General or a person authorised by him. 9. Subject to the provisions of this Act the Board shall have power to
regulate its own proceeding in respect of the meetings and the proper
conduct of its business. Members to
declare interest
Minutes
Defects in
appointment
not to invalidate
proceedings
Seal of Board
Power to regulate
its procedure