The Fertilizers Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.355
CHAPTER 378
THE FERTILIZERS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
ADMINISTRATION
3. Establishment and functions of Tanzania Fertilizer Regulatory Authority.
4. Functions of Authority.
5. Establishment, powers and duties of Board.
6. Composition, functions and procedures of Board.
7. Appointment of Executive Director.
part iii
REGISTRATION AND ISSUANCE OF LICENCES
(a) Registration of fertilizer sterilising plant
8. Registration of fertilizers and sterilising plants.
9. Application for registration.
10. Cancellation and suspension of registration.
11. Procedure for cancellation or suspension of registration.
12. Availability, lapse and return of certificate of registration.
(b) Licensing of fertilizers dealers
13. Restriction for dealing with fertilizer and sterilising plant.
14. Suspension and cancellation of licences.
15. Maintenance of register.
16. Licences not transferable.
17. Replacement of lost licences.

sing plant.
14. Suspension and cancellation of licences.
15. Maintenance of register.
16. Licences not transferable.
17. Replacement of lost licences.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.356
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
part iv
MANUFACTURING, IMPORTATION AND TRADING IN
FERTILIZER OR FERTILIZER SUPPLEMENTS
18. Registration of premises. 19. Sale of fertilizer or fertilizer supplements. 20. Manufacture and sale of fertilizers containing certain substances. 21. Importation of fertilizer and fertilizer supplements. 22. Director to keep records. 23. Use of local materials for fertilizer manufacturing. 24. Fertilizer dealers to keep records. 25. Permit for importation and exportation of fertilizer and fertilizer supplements. 26. Cancellation of permit. 27. Conditions for granting licence or permits. 28. Prohibition for dealing with unregistered and substandard fertilizer. 29. Packiging and labeling. 30. Adulterated fertilizer. 31. Restriction on storage and application of fertilizer. part v
FERTILIZER INSPECTION, SAMPLING AND ANALYSIS
32. Fertilizer quality control. 33. Appointment of inspectors and analysts. 34. Powers of inspectors. 35. Control of substandard fertilizer. 36. Analysis and restriction for tempering with sample.

t of inspectors and analysts. 34. Powers of inspectors. 35. Control of substandard fertilizer. 36. Analysis and restriction for tempering with sample.

part vi
APPEALS
37. Appeals against decision of inspector, analyst or Director. 38. Hearing of appeal. part vii
FINANCIAL PROVISIONS
39. Funds and resources of Authority. 40. Accounts and audit. part viii
GENERAL OFFENCES AND PENALTIES
41. Offences and penalties. 42. Compounding of offences.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.357
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
43. Compensation for damage.
44. Offences by body corporate or firm.
45. Evidence and procedure.
46. Burden of proof.
part ix
MISCELLANEOUS PROVISIONS
47. Indemnity.
48. Exempted sales.
49. Recoverable costs.
50. Expenses for destruction of fertilizer and fertilizer
supplements.
51. Notification of order and directions.
52. Exemption, restriction and prohibition.
53. Power to make regulations.
54. Transitional provisions.
55. Repeal.
SCHEDULE

of order and directions.
52. Exemption, restriction and prohibition.
53. Power to make regulations.
54. Transitional provisions.
55. Repeal.
SCHEDULE

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.358
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Fertilizers Act. 2.

book may be reproduced or distributed without permission of OAG.358
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Fertilizers Act. 2.

In this Act, unless the context otherwise requires-
“advertisement” includes any statement, picture, design or
device-
(a) published in any newspaper or other publication in
general circulation to the public; or
(b) contained in any publication or any other matter in
any form which is distributed to members of the public
through the public or brought to the public in any other
manner;
“analyst” means a person appointed or designated as an
analyst pursuant to section 33;
“Authority” means Tanzania Fertilizer Regulatory Authority
established under section 3;
“brand” means a representation of kind, any distinctive
mark or trade name, other than a name or grade required
by this Act, applied by the fertilizer dealer to a fertilizer
Short title
Interpretation
CHAPTER 378
THE FERTILIZERS ACT
An Act to make provisions for regulation of manufacturing, importation,
exportation, sale and utilisation of agricultural fertilizers, to repeal the
Fertilizers and Animal Food Stuffs Act, Act No. 19 of 1962 and to provide
for other related matters. [1st August, 2009]
[GN. No. 279 of 2009]
Acts Nos. 9 of 2009
4 of 2014
3 of 2020
5 of 2022

ct No. 19 of 1962 and to provide
for other related matters. [1st August, 2009]
[GN. No. 279 of 2009]
Acts Nos. 9 of 2009
4 of 2014
3 of 2020
5 of 2022

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.359
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.359
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
or fertilizer supplement to distinguish it from any other
fertilizer or fertilizer supplement;
“Board” means the Board of the Authority as established
under section 5;
“bulk fertilizer” means a fertilizer or fertilizer supplement
distributed in large quantity in non-packaged form;
“Director” means the Executive Director of the Tanzania
Fertilizer Regulatory Authority appointed under section 7;
“discharge” means emission or exposure of fertilizer or
fertilizer supplement into environment;
“distribute” means import, export, consign, manufacture,
blend, sale, offer for sale, and any other form of exchange
or supply of fertilizer or fertilizer supplements;
“environment” includes the physical factors of the
surroundings of human beings, including air, land, water,
climate, sound, light, odour, taste, micro-organism, the
biological factors of animals and plants, cultural resources
and the social economic factor of aesthetics and includes
both the natural and the built environment and the way
they interact;
“fertilizer” means any substance or mixture of substances,
containing one or more of nitrogen, phosphorus,
potassium or other elements represented for use as a
source of plant nutrients;
“fertilizer business” means a business dealing in import,
export, manufacture, blending, distribute or sale of
fertilizer, or fertilizer supplements;
“fertilizer dealer” means any person operating a business
that is engaged in the manufacturing, handling, storage,
importation, exportation, distribution or sale of fertilizer
or fertilizer supplements;
“fertilizer supplement” means any substance or mixture of
substances, other than a fertilizer, that is manufactured,
sold or represented for use in the improvement of the
physical condition of soils or to aid plant growth or crop
yields;

ilizer, that is manufactured,
sold or represented for use in the improvement of the
physical condition of soils or to aid plant growth or crop
yields;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.360
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.360
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
“grade” means available plant nutrient contents in the
fertilizer expressed in terms of percentage;
“guaranteed analysis” means the minimum percentage of
plant nutrients in a fertilizer or fertilizer supplements;
“inspector” means a person appointed or designated as an
inspector pursuant to section 33;
“label” includes any legend, description, mark, symbol or
design applied or attached to, included in, belonging to
or accompanying any fertilizer or fertilizer supplement
or package;
“labelling” means any written, printed, or graphic matter
accompanying any fertilizer or fertilizer supplements, or
advertisements, brochure or poster;
“manufacture” means operations involved in the production,
preparation, processing, compounding, formulating,
filling, transformation, packaging, re-packing and
labelling of fertilizer or fertilizer supplements;
“manufacturer” means a person who produces, prepares,
processes, compounds, formulates, fills, transforms,
packages, re-packs and labels a fertilizer or fertilizer
supplements;
“Minister” means the Minister responsible for agriculture;
“premises” includes any land, building or any part structure,
vehicle, basement and vessel, or receptacle whatsoever
for the purpose of manufacturing, selling, transporting
or in any way connected with the handling or storage of
fertilizer or fertilizer supplements;
“package” includes a sack, bag, or any other container in
which fertilizer or fertilizer supplements is placed or
packed;
“sell” includes agree to sell, or to offer, advertise, keep,
expose, transmit, convey, deliver or manufacture for
sale or to exchange or to dispose of to any person in any
manner for any consideration whatever, or to transmit,
convey or deliver in pursuance sale, exchange or disposal
as aforesaid; and ‘sale’ has a corresponding meaning;

onsideration whatever, or to transmit,
convey or deliver in pursuance sale, exchange or disposal
as aforesaid; and ‘sale’ has a corresponding meaning;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.361
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.361
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
“sample” means a representative amount of fertilizer or
fertilizer supplements drawn randomly for analysis;
“sterilising plant” means a plant used for sterilising of bones
or other substances derived from cattle, members of the
horse family, sheep, goats, pigs, poultry or ostriches, of
any age, or from any vertebrate or invertebrate specified
by the Minister by notice in the Gazette;
“standard” means conditions governing specification, safety,
description, sampling, testing method, code of practice or any
other quality aspect relating to or connected with fertiliser
manufacturing or marketing or marketing of fertilizer
supplements as may be recognised under the Standards Act;
“sub-standard fertilizer” means any fertilizer which does not
conform to the standard provided for under this Act;
“tampered package” means a package whose quality, quantity
and content has been altered; and
“tampered sample” means a sample of fertilizer supplement
which has been changed, altered, varied or destroyed with
an intention to defraud, cheat or misrepresent the truth.

a sample of fertilizer supplement
which has been changed, altered, varied or destroyed with
an intention to defraud, cheat or misrepresent the truth.

PART II
ADMINISTRATION
3.–(1) There is established an authority to be known as the
Tanzania Fertilizer Regulatory Authority or in its acronym
“TFRA”. (2) The Authority established under subsection (1) shall be
a body corporate and shall-
(a) have capacity to sue and be sued on its own name;
(b) have perpetual succession and a common seal which
shall be authenticated by the signature of the Director
or in his absence any person acting on his behalf
authorised by him in writing;
(c) be capable of entering into contracts in its own name;
and
(d) be capable of purchasing or acquiring any movable and
immovable property. Cap. 130
Establishment
and functions
of Tanzania
Fertilizer
Regulatory
Authority

apable of purchasing or acquiring any movable and
immovable property. Cap. 130
Establishment
and functions
of Tanzania
Fertilizer
Regulatory
Authority

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.362
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.362
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
4.–(1) The Authority shall be the regulatory body in the
fertilizers industry and shall in particular -
(a) regulate all matters relating to quality of fertilizers,
fertilizer supplements and sterilising plants;
(b) register all fertilizer and fertilizer supplements dealers
and their premises;
(c) licence fertilizer dealers;
(d) issue permits for importation and exportation of
fertilizer and fertilizers supplements;
(e) maintain a register of fertilizers, fertilizer supplements,
sterilising plants and manufacturing plants;
(f) maintain and publish periodically a register of fertilizer
dealers;
(g) implement ratified International Conventions relating
to fertilizers;
(h) regulate and control the import, production,
transportation, dealing, storage, and disposal of
fertilizer or fertilizer supplements;
(i) collect, maintain and publish information related to
fertilizers and fertilizer supplement;
(j) make guidelines on the sound management and
effective control of fertilizers and fertilizer supplements;
(k) in collaboration with local authorities, conduct public
educational campaigns on the sound application and
management of fertilizers and fertilizer supplements;
(l) conduct regular training of stakeholders on fertilizer
matters;
(m) register inspectors and analysts;
(n) inspect or cause to be inspected fertilizer or fertilizer
supplements for quality assurance;
(o) implement policies, strategies and programmes relating
to fertilizer industry development;
(p) provide technical advice to the government and other
institutions on all matters relating to the fertilizer and
fertilizer supplements management and control;
(q) conduct or cause to be conducted research relating to
fertilizers and fertilizer supplements;
Functions of
Authority
Act No.

nagement and control;
(q) conduct or cause to be conducted research relating to
fertilizers and fertilizer supplements;
Functions of
Authority
Act No.

3 of 2020 s. 29

3 of 2020 s. 29

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.363
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(r) foster co-operation between the institute and other
institutions or organisations and stakeholders;
(s) collaborate with the national and international
organisations on all matters relating to the fertilizer
and fertilizer supplement;
(t) implement specific and general directives of the
Authority;
(u) regulate fertilizer price based on the appropriate
methods as shall be set out in the regulations;
(v) specify appropriate methods or system of importation
and exportation of fertilizer and fertilizer supplements;
(w) carry out any other functions as may be conferred
upon it in the performance of its functions under this
Act; and
(x) ensure that it adheres with the Environmental
Management Act. (2) The Authority shall not engage directly or indirectly
in any trade or business connected with the production,
processing, importation, sale or distribution of any fertilizer
or fertilizer supplement.

ctly
in any trade or business connected with the production,
processing, importation, sale or distribution of any fertilizer
or fertilizer supplement.

5.–(1) There is established a Board of the Authority in which
powers to carry out functions and management of the business
and affairs of the Authority shall be vested. (2) In particular and without prejudice to the generality of
subsection (1), the Board shall have power to-
(a) administer the properties of the Authority, both
movable and immovable;
(b) administer the funds and other assets of the Authority;
(c) signify the acts of the Authority by use of the official
seal;
(d) on behalf of the Authority, to receive fees, donations,
grant or other moneys;
(e) advise the Minister-
(i) on all matters relating to fertilizers;
(ii) on implementation and amendment of the
fertilizer legislation; and
Cap. 191
Establishment,
powers and duties
of Board
Act No. 3 of 2020 s. 30

rs;
(ii) on implementation and amendment of the
fertilizer legislation; and
Cap. 191
Establishment,
powers and duties
of Board
Act No. 3 of 2020 s. 30

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.364
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(iii) on approved types of fertilizers or fertilizer
supplements;
(f) give general advice on co-ordination, registration and
regulation of the fertilizer industry;
(g) make recommendation to the Minister on the types of
fertilizers to be used in accordance with appropriate
soil properties;
(h) formulate policy guidelines relating to the fertilizer
industry and advise the Government on appropriate
policies and legal environment which promote local
industries engaged in fertilizer manufacturing;
(i) advise the Authority on licences to be issued under this
Act;
(j) authenticate the acts of the Authority by use of the
official seal;
(k) subject to the provisions of relevant public service
legislation, to appoint any officers of the Authority
whom the Board may consider necessary; and
(l) do all acts and things as may be provided for in this Act
or as may, in the opinion of the Board, be necessary or
expedient for the proper discharge of the functions of
the Authority.

provided for in this Act
or as may, in the opinion of the Board, be necessary or
expedient for the proper discharge of the functions of
the Authority.

6.–(1) The composition, functions and procedures of the
Board shall be as set out in the Schedule. (2) For the proper discharge of its functions under this Act,
the Board shall establish a Technical Committee consisting of
such number of competent persons in fertilizer matters as it
may deem necessary. (3) The Minister may, by notice in the Gazette, amend, vary
or replace all or any provision of the Schedule. 7.–(1) There shall be the Executive Director of the Authority
appointed by the President on the advice of the Minister
from among persons who possess relevant qualifications and
competence to manage efficiently and effectively the affairs of
the Authority. Composition,
functions and
procedures of
Board
Appointment
of Executive
Director

e to manage efficiently and effectively the affairs of
the Authority. Composition,
functions and
procedures of
Board
Appointment
of Executive
Director

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.365
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(2) The Director shall be the head of the Authority and shall
be responsible for-
(a) the day to day operations of the Authority;
(b) the proper management of its funds, property and
business; and
(c) personnel management, development, organisation,
control and discipline of the employees of the Authority. (3) The Director may delegate to any person some of the
powers, duties and functions conferred or imposed upon him
by this Act. PART III
REGISTRATION AND ISSUANCE OF LICENCES
(a) Registration of fertilizer sterilising plant
8.–(1) Every fertilizer or fertilizer supplements or sterilising
plant or manufacturing plant shall be registered by the Director
in accordance with the provisions of this Act. (2) The Director shall, prior to registration of any fertilizer,
fertilizer supplement or sterilising plant or manufacturing
plant, ensure that all required conditions for registration as set
out in this Act are complied with.

supplement or sterilising plant or manufacturing
plant, ensure that all required conditions for registration as set
out in this Act are complied with.

9.–(1) An application for registration under this Act shall be
submitted to the Director in the form and manner prescribed
in the regulations. (2) The Director may, after receiving an application for
registration grant registration and issue registration certificates
if he is satisfied that the required conditons are complied with. (3) The Director shall-
(a) establish and maintain a list of all registered fertilizers,
fertilizer supplements and sterilising plants; and
(b) subject to the recommendation of the Board, publish
the list of registered fertilizers, fertilizer supplements
and sterilising plants in the Gazette and any other
journals or newspapers widely circulated in Tanzania. Registration of
fertilizers and
sterilising plants
Act No. 3 of 2020 s.31
Application for
registration

ls or newspapers widely circulated in Tanzania. Registration of
fertilizers and
sterilising plants
Act No. 3 of 2020 s.31
Application for
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.366
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(4) A change of particulars of a registered fertilizer, fertilizer
supplement or sterilising plant shall be notified to the Director
for re-registration. (5) A person who contravenes the provision of subsection
(4) commits an offence and on conviction shall be liable to a
fine of not less than one million shillings or to imprisonment
for a term of not less than six months or to both.

d on conviction shall be liable to a
fine of not less than one million shillings or to imprisonment
for a term of not less than six months or to both.

10.–(1) The Director may cancel or suspend the registration of
fertilizer or fertilizer supplement granted under this Act if he
is satisfied that-
(a) the registrant of such fertilizer or fertiliser supplements
has contravened or failed to comply with the terms or
conditions for registration as provided for in this Act;
(b) such fertilizer or fertilizer supplements is not of the
composition and efficacy specified in the application
for registration pursuant to the conditions set out
in the regulations, thereof, does not possess the
chemical, physical and other properties so specified
and does not comply with any requirements that may
be prescribed;
(c) the practices followed and facilities available at or in
respect of the manufacturing plant are not suitable
for the manufacturing of the fertilizer or fertilizer
supplement concerned;
(d) the person assigned or engaged to manage the business
does not have sufficient knowledge of the relevant
provisions of this Act or of the practices to be followed
in the operation of such undertaking as specified in the
regulations;
(e) it is contrary to the public interest that such fertilizer or
fertilizer supplement remain registered; and
(f) incorrect or misleading advertisement is used in
connection with such fertilizer or fertilizer supplement.

lizer supplement remain registered; and
(f) incorrect or misleading advertisement is used in
connection with such fertilizer or fertilizer supplement.

(2) The Director may cancel the registration of sterilising
plant if he is satisfied that-
Cancellation and
suspension of
registration

(2) The Director may cancel the registration of sterilising
plant if he is satisfied that-
Cancellation and
suspension of
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.367
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(a) the registrant of such sterilising plant has contravened
or failed to comply with the terms or conditions for
registration as provided for in this Act;
(b) a person has contravened or failed to comply with
the terms and conditions to which the registration
concerned is subject;
(c) the sterilising plant does not comply with the prescribed
conditions or is otherwise not effectively equipped for
the sterilisation of the substances referred to in the
definition of sterilising plant; and
(d) it is contrary to the public interest that the sterilising
plant shall remain registered. 11.–(1) Prior to cancellation or suspension of any registration
of fertilizer, fertilizer supplement or sterilising plant under this
Act, the Director shall require in writing the registrant to show
cause within thirty days as to why the registration should not
be cancelled.

er this
Act, the Director shall require in writing the registrant to show
cause within thirty days as to why the registration should not
be cancelled.

(2) Where the registrant under subsection (1) fails to reply
within the period stated in the notice without good cause,
the Director shall proceed to cancel or as the case may be to
suspend the registration in respect of the registrant. 12.–(1) A person to whom a certificate of registration was
issued in terms of section 9 shall produce or cause that
certificate of registration or a copy thereof to be available for
inspection by the Director or any authorised officer at all times
at the establishment where fertilizer or fertilizer supplement is
manufactured or sold. (2) The registration of any fertilizer, fertilizer supplement
or sterilising plant and the certificate of registration issued in
respect of such registration shall lapse if-
(a) the person to whom that certificate of registration has
been issued, ceases to manufacture or sell the fertilizer
or fertilizer supplement in question; or
(b) the establishment in question is no longer used for the
manufacture of such fertilizer or fertilizer supplement. Procedure for
cancellation or
suspension of
registration
Availability,
lapse and return
of certificate of
registration

lizer or fertilizer supplement. Procedure for
cancellation or
suspension of
registration
Availability,
lapse and return
of certificate of
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.368
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(3) Where the registration of any fertilizer or fertilizer
supplement has lapsed in terms of subsection (2), or has been
cancelled in terms of section 11, the certificate of registration
in question shall, within the prescribed period, be returned to
the Director by the person to whom it was issued. (b) Licencing of fertilizer dealers
13.–(1) A person shall not deal with fertilizer business or
operation of sterilising plant unless that person is licenced to
that effect pursuant to the provisions of this Act. (2) An application for licence in terms of subsection (l) shall
be submitted to the Board in the form and manner as may be
prescribed in the regulations.

An application for licence in terms of subsection (l) shall
be submitted to the Board in the form and manner as may be
prescribed in the regulations.

(3) Subject to subsection (1) an application for licence shall
include-
(a) the name and physical address of the applicant;
(b) details of the intended business;
(c) qualifications of personnel under whose direct
supervision the activities are intended to be carried
out;
(d) physical address of the premise where the fertilizer
business will be conducted; and
(e) any other information as may be required by the Board. (4) Upon being satisfied with the compliance with the
conditions for application, the Board shall issue a licence to the
applicant and may attach such terms and conditions as may be
prescribed. (5) The Board may appoint any person to be a licensing
authority for purposes of this Act and shall when making any
appointment, specify the area for which that person is to be the
licensing authority. Restriction for
dealing with
fertilizer and
sterilising plant
Act No. 3 of 2020 s. 32

the area for which that person is to be the
licensing authority. Restriction for
dealing with
fertilizer and
sterilising plant
Act No. 3 of 2020 s. 32

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.369
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
14.–( 1) A licence issued under section 13 may be suspended
for a definite or indefinite period if the Director is satisfied that
the licensee has-
(a) been convicted of any offence against the provisions of
this Act or regulations;
(b) become bankrupt or, if a company, has gone into
liquidation; or
(c) failed to comply with any conditions of the licence. (2) A licensee whose licence has been suspended or
cancelled under this section, shall be required to surrender the
licence to the Director within such time as may be prescribed. (3) A person who contravenes the provision of subsection
(2), commits an offence and on conviction shall be liable to a
fine of not less than one million shillings or to imprisonment
for a term of not less than six months or to both. 15. The Director shall maintain in the form prescribed in the
regulations, a register of all licences issued under this Act and of
any restorations, suspensions and cancellations of such licences. 16.

ibed in the
regulations, a register of all licences issued under this Act and of
any restorations, suspensions and cancellations of such licences. 16.

A licence issued under section 13 shall be valid only in
respect of the business for which it was issued and shall not be
transferable to any other person or business. 17. A holder of a licence issued under this Act whose licence
has been lost or destroyed may, on proof of loss and payment
of prescribed fee, obtain a duplicate licence from the Director. PART IV
MANUFACTURING, IMPORTATION
AND TRADING IN FERTILIZER OR
FERTILIZER SUPPLEMENTS
18.–(1) A person shall not manufacture for sale, sell, supply
or store any fertilizer or fertilizer supplement except in a
sterilising plant or premises registered under this Act for that
purpose. Suspension and
cancellation of
licences
Maintenance of
register
Licences not
transferable
Replacement of
lost licences
Registration of
premises

rpose. Suspension and
cancellation of
licences
Maintenance of
register
Licences not
transferable
Replacement of
lost licences
Registration of
premises

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.370
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(2) An application for registration or renewal of registration
of premises shall be made to the Director in the form and
manner as may be prescribed in the regulations. (3) The Director or any person on his behalf shall-
(a) register the premises if he is satisfied that the prescribed
requirements for which the premises is intended have
been complied with;
(b) keep registers in the prescribed form of all premises
registered under this section; and
(c) for good and sufficient reasons refuse to register, or
cause to be deleted from the register, any premises
which is or has become unsuitable for the purposes for
which it was registered. (4) A change of ownership of the business or any other
change of a registered premises shall be notified to the Director. (5) A person who contravenes or fails to comply with this
section, commits an offence and on conviction shall be liable to
a fine of not less than one million shillings or to imprisonment
for a term of not less than six months or to both.

d on conviction shall be liable to
a fine of not less than one million shillings or to imprisonment
for a term of not less than six months or to both.

19.–(1) A person shall not sell any fertilizer or fertilizer
supplements unless-
(a) it is registered under this Act under the name or mark
under which it is so sold;
(b) it is, subject to paragraph (c), packed in such manner
and mass or volume as may be prescribed;
(c) the container in which it is sold, complies with the
prescribed requirements and is sealed and labelled or
marked in such manner as may be prescribed or, if it is
not sold in a container, it is accompanied by the invoice
referred to in subsection (2); and
(d) it is of the composition and efficacy specified in the
application for registration thereof, possesses all
chemical, physical and other properties so specified,
and complies with the prescribed requirements. Sale of fertilizer
or fertilizer
supplements

all
chemical, physical and other properties so specified,
and complies with the prescribed requirements. Sale of fertilizer
or fertilizer
supplements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.371
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(2) A person shall not for reward or in the course of any
industry, trade or business use, or recommend the use of, any
fertilizer or fertilizer supplement for a purpose or in a manner
other than that specified on the label on a container thereof or
described on such container. (3) A person who sells any fertilizer or fertilizer supplement
not in a container shall give to the purchaser at the time of
delivery or send to him at the time of dispatch an invoice
setting forth such particulars in respect of such fertilizer or
fertilizer supplement. 20.–(1) A person shall not manufacture or sell any fertilizer
or fertilizer supplement containing bone or any other
substance derived from an animal carcass, unless such bone
or substance has-
(a) been sterilised in such manner as may be prescribed; or
(b) subject to the provisions of this Act, been imported in
terms of a permit issued under the Animal Diseases
Act.

ch manner as may be prescribed; or
(b) subject to the provisions of this Act, been imported in
terms of a permit issued under the Animal Diseases
Act.

(2) A person commits an offence against this Act, if that
person-
(a) manufactures for sale, sells, offers or exposes for
sale, or has in his possession for sale, as a fertilizer or
fertilizer supplement or any article containing or any
other substance derived from an animal carcass which
he knows or has reason to believe has neither been
sterilised in a sterilising plant registered or licensed
under the provisions of this Act nor imported into
Mainland Tanzania in accordance with permit issued
under this Act; or
(b) sells, offers, or exposes for sale, otherwise than to the
holder of a licence issued under this Act or his agent,
any bone or other substance derived from an animal
carcass, which he knows or has reason to believe
will be used in the manufacture of a fertilizer or
fertilizer supplement and has neither been sterilised
Manufacture and
sale of fertilizers
containing
certain
substances
Cap. 156

re of a fertilizer or
fertilizer supplement and has neither been sterilised
Manufacture and
sale of fertilizers
containing
certain
substances
Cap. 156

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.372
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
in a sterilising plant registered or licensed under the
provisions of this Act nor imported into Mainland
Tanzania in accordance with this Act. 21.–(1) A person shall not import any fertilizer or fertilizer
supplement in Tanzania unless-
(a) such fertilizer or fertilizer supplement is registered in
terms of this Act;
(b) is of the composition and efficacy specified in the
application for registration thereof;
(c) possesses all chemical, physical and other properties
so specified and complies with the requirements
prescribed in respect thereof;
(d) is packed in a sealed container which is marked or
labelled in the prescribed manner with the prescribed
particulars; and
(e) in the case of a fertilizer or fertilizer supplements
containing bone or any other substance derived from
the carcass of an animal, a permit referred to in section
25 has been issued in respect thereof.

s
containing bone or any other substance derived from
the carcass of an animal, a permit referred to in section
25 has been issued in respect thereof.

(2) Without prejudice to the provisions of subsection (1)
and (2), the Minister may, upon consultation with the Board
and on such conditions as he may determine, in writing, permit
the import of any consignment of any fertilizer or fertilizer
supplements which does not comply with the requirements
referred to in subsection (1) (a), (b) and (d). (3) Fertilizers or fertilizer supplements imported shall-
(a) only be imported through a prescribed port or place;
(b) if the Director directs that a sample thereof be taken,
not be removed from any such port or place without
the written consent of the Director;
(c) if the Director thus directs, be made available for
examination and the taking of a sample at any such
port or place in the prescribed manner; and
Importation
of fertilizer
and fertilizer
supplements

or
examination and the taking of a sample at any such
port or place in the prescribed manner; and
Importation
of fertilizer
and fertilizer
supplements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.373
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(d) where a sample thereof has thus been taken, not be
sold in Tanzania except on the written consent of the
Director and subject to the conditions specified therein. (4) The provisions of section 32 relating to samples shall,
mutatis mutandis, apply with reference to a sample taken in
terms of this section. (5) Where any fertilizer or fertilizer supplement has been
imported contrary to the provisions of this section, such
fertilizer or fertilizer supplement shall-
(a) at the expense of such importer, be removed from
Tanzania within such period as the Director may
determine; or
(b) if such importer fails to remove such fertilizer or
fertilizer supplement in terms of paragraph (c), be
forfeited to the Government, and be either destroyed
or otherwise disposed of in the manner prescribed in
the regulations. 22. The Director shall keep records of all licensed or permitted
fertilizer dealers in a manner prescribed in the regulations.

bed in
the regulations. 22. The Director shall keep records of all licensed or permitted
fertilizer dealers in a manner prescribed in the regulations.

23.–(1) A person who manufactures fertilizer or fertilizer
supplement shall use locally available raw materials. (2) Without prejudice to subsection (1), the Board may
permit importation of raw material for manufacture of fertilizer
or fertilizer supplements if such material is not available in
Tanzania or by the available evidence to the Board that the
material cannot be cheaply procured locally. 24. A fertilizer dealer shall keep within his premises detailed
records of fertilizer or fertilizer supplements manufactured,
imported, exported, stored or sold as the case may be and
such records shall be provided to the Director, analyst,
inspector or any other officer assigned by the Director
whenever requested. Director to keep
records
Use of local
materials
for fertilizer
manufacturing
Fertilizer dealers
to keep records

ed by the Director
whenever requested. Director to keep
records
Use of local
materials
for fertilizer
manufacturing
Fertilizer dealers
to keep records

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.374
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
25.–(1) A person shall not import or export fertilizer or
fertilizer supplement unless he possesses a permit issued by
the Director to that effect. (2) The Board shall, prior to issuing of any permit, satisfy
itself that the provisions of the Environmental Management
Act are adhered to, and that-
(a) the fertilizer or fertilizer supplements to be imported
or exported is registered under this Act;
(b) the applicant has the certificates of registration for
fertilizer business; and
(c) in case of exportation, the applicant has complied with
relevant legislation and policies dealing with fertilizer
export.

fertilizer business; and
(c) in case of exportation, the applicant has complied with
relevant legislation and policies dealing with fertilizer
export.

26.–(1) The Director may suspend or cancel the permit issued
under section 25 if he is satisfied that-
(a) the permit has been obtained by misrepresentation at
the time of application;
(b) conditions subject to which a permit was issued have
not been complied with;
(c) the permit has been transferred to any other person;
(d) the fertilizer dealer has contravened the provisions of
this Act;
(e) the business licence of the fertilizer dealer has been
cancelled; or
(f) registration of such fertilizer or fertilizer supplement is
cancelled. (2) The Director shall, prior to cancellation of permit under
this section, require in writing the holder of such permit to
show cause as to why the permit should not be cancelled. (3) Where the permit holder under subsection (2) fails to
reply to the Director within the period as specified in the notice,
the Director shall have power to proceed with cancellation of
such permit without further notice. Permit for
importation
and exportation
of fertilizer
and fertilizer
supplements
Cap. 191
Cancellation of
permit

of
such permit without further notice. Permit for
importation
and exportation
of fertilizer
and fertilizer
supplements
Cap. 191
Cancellation of
permit

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.375
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
27. The Director shall, before granting permit in terms of
section 25, ensure that the standards and conditions for
dealing with fertilizer business as provided for in this Act and
regulations have been complied with. 28. A person shall not manufacture, import, export, sell,
distribute any fertilizer or fertilizer supplements unless he is
registered pursuant to this Act. 29. A fertilizer dealer shall ensure that fertilizer or fertilizer
supplement is packed and labeled in the manner prescribed in
the regulations. 30.–(1) A person shall not sell or distribute an adulterated or
sub-standard fertilizer or fertilizer supplements.

nner prescribed in
the regulations. 30.–(1) A person shall not sell or distribute an adulterated or
sub-standard fertilizer or fertilizer supplements.

(2) A fertilizer or fertilizer supplements shall be deemed to
be adulterated if-
(a) it contains any deleterious or harmful substance in an
amount that renders injurious to plant life, animals,
humans, aquatic life, soil, air, water or environment in
general when applied in accordance with directions for
use provided for in the regulations;
(b) adequate warning statements or directions for use
which may be necessary to protect plant life, animals,
humans, aquatic life, soil, air, water or environment in
general are not shown on the label or shipping bills and
certificate of analysis, as the case may be;
(c) its composition falls below or differs from that which
is purported to possess by its labeling or shipping bills
and certificate of analysis as the case may be; or
(d) it contains foreign material other than fertilizer or
fertilizer supplement. (3) A fertilizer whose standard does not conform to the
requirement of this Act shall be seized and disposed of at the
cost of the fertilizer dealer in accordance with procedures
Conditions for
granting licence
or permits
Prohibition for
dealing with
unregistered
and substandard
fertilizer
Act No. 5 of 2022 s.

e with procedures
Conditions for
granting licence
or permits
Prohibition for
dealing with
unregistered
and substandard
fertilizer
Act No. 5 of 2022 s.

44
Packiging and
labeling
Adulterated
fertilizer

44
Packiging and
labeling
Adulterated
fertilizer

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.376
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
prescribed in the regulations made under this Act or other
written law. 31.–(1) A person shall not use, store, discharge, release, place
or cause to be placed any fertilizer or fertilizer supplement in
a manner likely to cause any adverse effect to human health or
the environment. (2) A person who applies fertilizer or fertilizer supplements
shall ensure compliance with the standards prescribed in the
regulations or guidelines. PART V
FERTILIZER INSPECTION,
SAMPLING AND ANALYSIS
32. The Director shall ensure fertilizer or fertilizer supplement
is inspected, sampled and analysed for quality control in
accordance with the procedures prescribed in the regulations. 33.–(1) The Minister shall, by notice published in the Gazette,
appoint or designate qualified persons to be fertilizer inspectors
or analysts who shall exercise powers in accordance with the
provisions of this Act.

ppoint or designate qualified persons to be fertilizer inspectors
or analysts who shall exercise powers in accordance with the
provisions of this Act.

(2) A person appointed or designated as inspector or analyst
under subsection (1) shall be given a certificate, identity card
or a document as a proof of his appointment or designation
which shall be produced in the exercise of his powers under
this Act. (3) An inspector or analyst shall not engage in any business
connected with the manufacturing, importation or sale of
fertilizer or fertilizer supplements. (4) The Minister may, in consultation with the Board and
by order published in the Gazette, appoint any competent
institution or individual to perform any fertilizer regulatory
function specified under this Act and may in the same order
define duties and powers of such institutions or individual. Restriction on
storage and
application of
fertilizer
Fertilizer quality
control
Appointment of
inspectors and
analysts

uch institutions or individual. Restriction on
storage and
application of
fertilizer
Fertilizer quality
control
Appointment of
inspectors and
analysts

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.377
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(5) An inspector or analyst appointed under subsection (1)
shall be a designated officer accountable to the Director for the
administration of this Act.

) An inspector or analyst appointed under subsection (1)
shall be a designated officer accountable to the Director for the
administration of this Act.

34.–(1) An inspector or analyst appointed under section 33
may, at any reasonable time-
(a) enter upon and examine any place, premises, vessel or
vehicle in respect of which he has reason to believe that
on or in it there is manufactured, processed, prepared,
graded, classified, packed, marked, labelled, held,
bottled, removed, transported, exhibited, sold or used
any fertilizer or fertilizer supplements;
(b) examine or test any such fertilizers or fertilizer
supplements or any ingredient thereof;
(c) examine all books and documents on or in any
place, premises or vehicle referred to in paragraph
(a) in respect of which he has reasonable grounds for
believing that they relate to any fertilizer or fertilizer
supplements or any ingredient thereof, and make
copies of or extracts from such books or documents;
(d) examine any operations or process carried out
at any place or premises in connection with the
manufacturing, processing, treatment, preparation,
grading, classification, packing, marking, labelling,
holding, bottling, removal, transport, exhibition, selling
or use of any fertilizer or fertilizer supplements, and
demand from the person in charge of such operations
or processes, or the owner of the person having the
custody of any fertilizer or fertilizer supplements;
(e) demand from the owner or any person having the
custody of any book or document referred to in
paragraph (c) an explanation relating to any record or
entry therein;
(f) seize any book, document, fertilizer or fertilizer
supplements which may furnish proof of an offence
in terms of this Act, or any quantity of any fertilizer
or fertilizer supplements which may furnish proof of
Powers of
inspectors

proof of an offence
in terms of this Act, or any quantity of any fertilizer
or fertilizer supplements which may furnish proof of
Powers of
inspectors

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.378
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.378
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
an offence in terms of this Act, or any quantity of any
fertilizer in respect of which there is no reason to believe
that any such offence has been committed, and remove
from or leave on or in the place, premises or vehicle
in question, any book, document, fertilizer or fertilizer
supplements, or any quantity thereof, which has so
been seized, and may in his discretion place on such
book, document, fertilizer or fertilizer supplements, or
the container thereof, such identification mark or seal
as he may deem necessary; and
(g) take samples or cause samples to be taken of any
fertilizer or fertilizer supplements or an ingredient
thereof, and open any container which contains or is
suspected to contain anything used or intended for use
in the manufacture, processing, treatment, preparation,
grading, classification, packing, marking, labelling,
holding, bottling, removal, transport, exhibition or sale
of any fertilizer or fertilizer supplements and examine,
analyse, grade or classify such samples, or cause such
samples to be examined, analysed, graded or classified.

or fertilizer supplements and examine,
analyse, grade or classify such samples, or cause such
samples to be examined, analysed, graded or classified.

(2) The owner or person in charge of any premises described
under this section and any person found therein shall give to
an inspector the reasonable assistance to enable the inspector
to carry out his duties and functions under this Act. (3) An inspector may, if he has reasonable grounds to
believe that any of the provisions of this Act is violated, seize
or issue a stop sale order by means of or in relation to which
the violation was committed. (4) A fertilizer, fertilizer supplement or package seized
pursuant to subsection (3) shall be detained by an inspector at
any place by attaching a detention tag or mark in the manner
prescribed in the regulations. (5) A person shall not move any fertilizer or package detained
by the inspector unless with a written consent of the inspector
indicating that the seized fertilizer, fertilizer supplements or
package shall be placed in a safer or more convenient location.

sent of the inspector
indicating that the seized fertilizer, fertilizer supplements or
package shall be placed in a safer or more convenient location.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.379
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(6) The fertilizer, fertilizer supplement or package under
detention or stop sale order shall not be released unless the
inspector is satisfied that all conditions for release as provided
for in this Act have been complied with. (7) The inspector shall, before inspection of the premises,
take reasonable steps to ensure that the owner or his authorised
representative is present while carrying out inspection under
this Act. 35.–(1) Where an inspector after consultation with the Chief
Government Chemist, is satisfied that the fertilizer or fertilizer
supplement regulated under this Act is unfit for use for the
intended purpose, he may without compensation, destroy
or dispose of that fertilizer or fertilizer supplement at the
owner`s cost.

fit for use for the
intended purpose, he may without compensation, destroy
or dispose of that fertilizer or fertilizer supplement at the
owner`s cost.

(2) Before destroying or disposing of any fertilizer or
fertilizer supplement in a manner other than in accordance
with subsection (1), the inspector shall-
(a) record or cause to be recorded-
(i) the description or other particulars of the fertilizer
lot;
(ii) the description of premises where the fertilizer
was found;
(iii) name and address of any witness and signature;
and
(iv) the grounds upon which the seizure was affected;
and
(b) forward to the Director the report containing
particulars stipulated in paragraph (a). [s. 34A]
36. An analyst who receives a sample taken under the
provisions of this Act shall as soon as is practicable analyse
such sample, in accordance with the procedures for sampling
and conducting analysis as may be specified in the regulations. [s. 35]
Control of
substandard
fertilizer
Acts Nos. 4 of 2014 s. 4
3 of 2020 s. 33
Analysis and
restriction for
tempering with
sample

the regulations. [s. 35]
Control of
substandard
fertilizer
Acts Nos. 4 of 2014 s. 4
3 of 2020 s. 33
Analysis and
restriction for
tempering with
sample

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.380
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
PART VI
APPEALS
37.–(1) A person aggrieved by the decision of the inspector,
analyst or Director regarding implementation of the provisions
of this Act may, within thirty days upon receipt of such
decision, appeal to the Minister. (2) An appeal made under this Act shall be in writing,
stating the grounds under which it is made. [s. 36]
38. After hearing and considering the appeal, the Minister
may-
(a) confirm, set aside or vary the decision of the Director;
or
(b) order the Director to execute the decision. [s. 37]
PART VII
FINANCIAL PROVISIONS
39.

confirm, set aside or vary the decision of the Director;
or
(b) order the Director to execute the decision. [s. 37]
PART VII
FINANCIAL PROVISIONS
39.

The funds and resources of the Authority shall consist of-
(a) such sums of moneys as may be appropriated by the
Parliament;
(b) any moneys raised by way of loans, grants made within
and outside the United Republic;
(c) any moneys raised by way of fee or charges imposed
under the provisions of this Act;
(d) any loan or subsidy granted to the Authority by the
Government or any other person; and
(e) such sums of money or property, which may become
payable to or vested in the Authority under this Act or
any other written law. [s. 38]
Appeals against
decision of
inspector, analyst
or Director
Act No. 4 of 2014 s. 5
Hearing of appeal
Act No. 4 of 2014 s. 6
Funds and
resources of
Authority

ls against
decision of
inspector, analyst
or Director
Act No. 4 of 2014 s. 5
Hearing of appeal
Act No. 4 of 2014 s. 6
Funds and
resources of
Authority

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.381
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
40.–(1) The Authority shall cause to be kept and maintained
in accordance with the International Accounting Standards,
proper books of accounts with respect to-
(a) all sums of moneys received and expended;
(b) all the assets and liabilities of the Authority; and
(c) all the income and expenditure statement of the
Authority. (2) Within six months of the close of every financial year, the
accounts including the balance sheet of the Authority shall be
audited by the Controller and Auditor-General in accordance
with the provisions of the Public Audit Act. (3) Every audited balance sheet shall be placed before a
meeting of the Board of and, if adopted, it shall be endorsed
with a certificate to that effect. (4) As soon as the accounts of the Authority have been
audited, and in any case not later than six months after the close
of the financial year, the Board shall submit to the Minister a
copy of the audited statement of accounts together with a copy
of the report on that statement made by the auditors.

rd shall submit to the Minister a
copy of the audited statement of accounts together with a copy
of the report on that statement made by the auditors.

(5) The Minister shall, as soon as practicable after receiving
the report, lay before the National Assembly the audited
accounts of the Authority together with the auditor’s report, if
any, on the accounts. [s. 39]
PART VIII
GENERAL OFFENCES AND PENALTIES
41.–(1) A person who-
(a) deals with unregistered fertilizer or fertilizer
supplement;
(b) deals with fertilizer or fertilizer supplement without
being so registered;
(c) obstructs the Director, inspector, analysts or any officer
responsible for the enforcement of this Act;
Accounts and
audit
Cap. 418
Offences and
penalties
Acts Nos. 4 of 2014 s. 7
3 of 2020 s. 34

r any officer
responsible for the enforcement of this Act;
Accounts and
audit
Cap. 418
Offences and
penalties
Acts Nos. 4 of 2014 s. 7
3 of 2020 s. 34

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.382
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.382
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
(d) operates a sterilising plant which is not registered
under this Act;
(e) wilfully delays or obstructs, threatens, or assaults an
inspector or analyst to perform his duties under this
Act;
(f) wilfully refuses to provide any information required by
the inspector, analyst or any other official engaged in
carrying out the duties and functions under this Act
and the regulations made thereto;
(g) sells any fertilizer or fertilizer supplement upon the
container of which a false or misleading statement in
connection with such contents is printed or written;
(h) makes any false or misleading statement in connection
with any fertilizer or fertilizer supplement;
(i) willfully destructs or tampers with any information
required for proper administration of this Act or
regulations made thereto;
(j) fails to comply with an order issued under this Act;
(k) tampers with any sample taken in terms of this Act, or
with anything seized in terms of this Act;
(l) sells any fertilizer or fertilizer supplements which is not
of the kind, nature, composition, strength, potency or
quality described or represented when so sold;
(m) having been duly summoned to appear before the
Board, fails without lawful excuse so to appear;
(n) having appeared as a witness before the Board, refuses
without lawful excuse to be sworn, to make affirmation,
to produce any document or answer any question which
he may be lawfully required to produce or answer;
(o) sells fertilizer or fertilizer supplements above the
indicative price;
(p) sells fertilizer or fertilizer supplements in an open bag
or packaging or labelling in a manner contrary to the
requirements of this Act;

e price;
(p) sells fertilizer or fertilizer supplements in an open bag
or packaging or labelling in a manner contrary to the
requirements of this Act;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.383
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
(q) not being qualified as inspector or analyst purports to
act in that behalf; or
(r) makes use, in connection with any fertilizer or fertilizer
supplement, of any certificate, invoice or other
document issued in respect of any other fertilizer or
fertilizer supplement which is no longer valid,
commits an offence.

ertificate, invoice or other
document issued in respect of any other fertilizer or
fertilizer supplement which is no longer valid,
commits an offence.

(2) A person who commits an offence against the provisions
of this Act on conviction, shall be liable-
(a) in the case of a fertilizer manufacturer or importer,
to a fine of not less than ten million shillings but
not exceeding five hundred million shillings or to
imprisonment for a term not less than three years but
not exceeding seven years or to both;
(b) in the case of distributor or wholesaler, to a fine of
not less than five million shillings but not exceeding
four hundred million shillings or to imprisonment for
a term not less than two years but not exceeding five
years or to both;
(c) in the case of a retailer, to a fine not less than two
hundred thousands shillings but not exceeding two
hundred million shillings or to imprisonment for a
term of not less than six months but not exceeding
three years or to both; and
(d) in the case of a person who is not covered under
paragraphs (a), (b) or (c) to a fine not less than one
hundred thousands shillings but not exceeding fifty
million shillings or to imprisonment for a term of
not less than three months but not exceeding twelve
months or to both.

ings but not exceeding fifty
million shillings or to imprisonment for a term of
not less than three months but not exceeding twelve
months or to both.

(3) The court may in addition to any penalty imposed under
this Act, order any article in respect of which such offence is
committed or used for the commission of such offence to be
forfeited. [s. 40]

ed under
this Act, order any article in respect of which such offence is
committed or used for the commission of such offence to be
forfeited. [s. 40]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.384
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
42.–(1) Where a person admits commission of an offence
under this Act, the Authority may compound the offence
by accepting from such person a lesser sum of eight million
shillings. (2) Subject to subsection (4), where proceedings are brought
against a person for an offence under this Act, it shall be a
defence if that person proves that the offence against which he
is charged was compounded. (3) A sum of money received under this section shall be
treated as a fine imposed by a court for the offence. (4) Where an offence is compounded under this section,
the court may make an order under section 41 as if the person
concerned was convicted by the court. (5) The order referred to in subsection (4) shall not be made
unless the person against whom the order is to be made is
given an opportunity to show cause why the order should not
be made. (6) The Director shall submit quarterly reports of all
compounded offences under this section to the Director of
Public Prosecutions. [s.

not
be made. (6) The Director shall submit quarterly reports of all
compounded offences under this section to the Director of
Public Prosecutions. [s.

40A]
43.–(1) Where an offence is committed and due to that
commission a person has suffered a direct damage or loss of
his property, the court may, in addition to the penalty provided
under this Act, order the offender to compensate the person
who suffered loss or damage. (2) For the purpose of subsection (1), a court, where a
person is convicted by a court of any offence for contravention
of section 41, and it appears from the evidence of Director,
inspector, sampler or analyst that some other person, has
suffered material loss or personal injury in consequence of the
offence committed and that substantial compensation is, in the
opinion of the court, recoverable by that person by civil suit,
the court may, in its discretion and in addition to any other
lawful punishment, order the person convicted to pay to that
Compounding of
offences
Acts Nos. 4 of 2014 s. 8
3 of 2020 s. 35
Compensation for
damage
Act No. 4 of 2014 s. 9

er the person convicted to pay to that
Compounding of
offences
Acts Nos. 4 of 2014 s. 8
3 of 2020 s. 35
Compensation for
damage
Act No. 4 of 2014 s. 9

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.385
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
other person such compensation, in kind or in money as would
fairly mitigate the loss suffered. (3) The Court may order the Director, inspector, sampler or
analyst to establish the extent of damage suffered by a person
as result of an offence committed under this Act. [s. 41]
44.–(1) An act which if done by an individual would be an
offence against this Act or any regulations or orders made
under this Act shall, if done by a body corporate, be an offence
by a director and secretary thereof unless he proves that the
offence was committed without his consent or convinance and
that he exercised all such diligence to prevent the commission
of the offence as he ought to have been exercised having
regard to the nature of his functions in that capacity and to all
circumstances.

e commission
of the offence as he ought to have been exercised having
regard to the nature of his functions in that capacity and to all
circumstances.

(2) Where an offence against this Act or any regulations or
orders made under this Act has been committed by a partner
in a firm, any person who at the time of the commission of the
offence was a partner in that firm, or was purporting to act
in that capacity, shall be deemed to have committed without
his consent or connivance and he exercised all such diligence
to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his function in that
capacity and to all the circumstances. [s. 42]
45.–(1) A document purporting to be a report under the hand
of an analyst appointed under the provisions of this Act, may
be admitted in evidence in any civil or criminal proceedings
concerned with the article sampled and shall be sufficient
evidence of the facts stated therein unless the defendant or
person charged requires that the analyst be called as a witness. (2) A sample which has been taken in the prescribed manner
by an inspector or analyst shall, unless the contrary is proved,
be deemed to be of the same composition, some qualities, and
Offences by body
corporate or firm
Evidence and
procedure

unless the contrary is proved,
be deemed to be of the same composition, some qualities, and
Offences by body
corporate or firm
Evidence and
procedure

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.386
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
except in so far as the taking of the sample may cause it to be
otherwise, possess in all other respects the same properties as
the whole from which it was drawn.

far as the taking of the sample may cause it to be
otherwise, possess in all other respects the same properties as
the whole from which it was drawn.

(3) In any criminal proceedings under this Act-
(a) a quantity of a fertilizer or fertilizer supplement in or
upon any premises, place, vessel or vehicle at the time
a sample thereof is taken pursuant to the provisions
of this Act shall, unless the contrary be proved, be
deemed to be of the same composition to same degree
of efficacy and possess in all other respects the same
properties as that sample;
(b) a person who is proved to have tampered with any
sample shall be deemed to have acted with fraudulent
intent unless the contrary is proved;
(c) a certificate stating the result of an analysis or test
carried out in pursuance of the provisions of this Act
and purported to be signed by the analyst who carried
out such analysis or test shall be accepted as prima facie
proof of the facts stated therein; and
(d) any statement or entry contained in any book or
document kept by any manufacturer, importer or
owner of a fertilizer or fertilizer supplements, or by the
manager, agent or employee of such person, or found
upon or in any premises occupied by, or any vehicle
used in the business of such person, shall be admissible
in evidence against him as an admission of the facts set
forth in that statement or entry, unless it is proved that,
that statement or entry was not made by such person,
or by any manager, agent or employee of such person
in the course of his work as manager, or in the course
of his agency or employment.

y such person,
or by any manager, agent or employee of such person
in the course of his work as manager, or in the course
of his agency or employment.

[s. 43]
46. In any proceedings for an offence under this Act, the
burden to prove that the order, direction or requirement,
the contravention of which constitutes the offence with which
Burden of proof

this Act, the
burden to prove that the order, direction or requirement,
the contravention of which constitutes the offence with which
Burden of proof

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.387
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
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, as the case may be required, shall lie on the
accused person. [s. 44]
PART IX
MISCELLANEOUS PROVISIONS
47. Without prejudice to the provisions of section 284A of
the Penal Code, no matter done by any person exercising or
purporting to exercise any function under this Act or under
any subsidiary legislation made under this Act shall, if done
in good faith in the execution or purported execution of his
functions under any of the provisions of this Act or such
subsidiary legislation, subject any such person as aforesaid to
any action, liability, claim or demand whatsoever. [s. 45]
48. The provisions of this Act shall not apply to a sale, offer or
exposure for sale, where a bailiff, court broker or other officer
in the course of executing any order or process of a court
makes such sale. [s. 46]
49.

osure for sale, where a bailiff, court broker or other officer
in the course of executing any order or process of a court
makes such sale. [s. 46]
49.

Where any person, by failing to comply with this Act or
acting contrary to this Act or subsidiary legislation made under
this Act, causes an inspector or analyst to incur an expense
that would not otherwise have been incurred, that person shall
pay to the Government of the United Republic the full amount
of that expense reasonably incurred, and that amount shall he
recoverable from him as a debt due to the Government. [s. 47]
Indemnity
Cap. 16
Exempted sales
Recoverable costs

ly incurred, and that amount shall he
recoverable from him as a debt due to the Government. [s. 47]
Indemnity
Cap. 16
Exempted sales
Recoverable costs

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.388
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
50. A removal, reshipment or destruction of any fertilizer,
fertilizer supplement, package or article to which this Act
applies, shall be carried out at the expenses of the owner,
occupier or any person entrusted with the charge of the
premises where such fertilizer, fertilizer supplement, package
or article is found. [s. 48]
51. Where any order or direction made or given by the Minister,
or the Director 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. [s. 49]
52.–(1) Notwithstanding the provisions of section 8, the
Minister may, after consultation with the Board and by order
published in the Gazette prescribe types of fertilizer or fertilizer
supplements which may be exempted from requirements of
this Act or regulations made under this Act.

azette prescribe types of fertilizer or fertilizer
supplements which may be exempted from requirements of
this Act or regulations made under this Act.

(2) Notwithstanding the provisions of section 26, the
Minister may, for purposes of promoting domestic production
and sufficient distribution of fertilizer and fertilizer
supplements within the country, restrict or prohibit exportation
or importation of fertilizer and fertilizer supplements. [s. 50]
53.–(1) The Minister shall, at the appropriate time, make
regulations for the better carrying into effect of the provisions
of this Act. (2) Without prejudice to the generality of subsection (1) the
Minister may make regulations-
(a) prescribing the manner in which fertilizers, fertilizer
supplements, or sterilising plants may be registered, the
manner in which any such registration may be renewed
and the information to be furnished and the fees to be
Expenses for
destruction
of fertilizer
and fertilizer
supplements
Notification
of order and
directions
Exemption,
restriction and
prohibition
Act No. 3 of 2020 s. 36
Power to make
regulations
Act No. 3 of 2020 s. 37

Notification
of order and
directions
Exemption,
restriction and
prohibition
Act No. 3 of 2020 s. 36
Power to make
regulations
Act No. 3 of 2020 s. 37

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.389
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.389
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
paid with any application for registration and renewal
of registration;
(b) prescribing the processes by which fertilizers, fertilizer
supplement, or substances used in the manufacture of
fertilizers or fertilizer supplements shall be sterilised,
and the manner of inspection of sterilising plants;
(c) prescribing the requirements with which any
establishment shall comply with the practices which
shall be followed in the operation of any undertaking at
any establishment, the facilities which shall be available
at any establishment, and the records to be kept and
the information to be furnished in respect of any
establishment and the operation of any undertaking at
any establishment;
(d) prescribing the records to be kept and the returns to
be rendered in respect of registered premises and
sterilising plants;
(e) for preventing the adulteration of fertilizers or fertilizer
supplements or the tampering with containers thereof;
(f) prescribing the methods to be employed, the fees to be
paid, and the certificates to be issued in respect of the
examination, analysis or test of samples taken under
this Act;
(g) regulating the manner in which fertilizers or fertilizer
supplements intended for sale may be handled and
stored;
(h) regulating the manner in which fertilizers or fertilizer
supplements intended for sale shall be packed, labeled,
branded, marked and sealed;
(i) prescribing the limits within which any fertilizer or
fertilizer supplement may be deficient in any of its
ingredients and the proportion in which any preservative,
antiseptic or other constituent may be present therein;
(j) regulating the equipment and appliances to be used
in the licenced sterilising plant and their mode of
operation;

stituent may be present therein;
(j) regulating the equipment and appliances to be used
in the licenced sterilising plant and their mode of
operation;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.390
THE FERTILIZERS ACT [CAP. 378 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.390
THE FERTILIZERS ACT [CAP. 378 R.E.

2023]
(k) prescribing the manner in which samples may be taken
and dealt with;
(l) prescribing the method by which analysis is to be
carried out by analysts under the provisions of this Act;
(m) for preventing the use of false or misleading statements
in advertisements of fertilizers or fertilizer supplements;
(n) prescribing minimum qualification and any additional
duties of inspectors and analysts;
(o) respecting the detention of anything seized or placed
under stop sale under the provisions of this Act and for
the preservation or safeguarding anything so detained;
(p) prescribing the particulars to be set forth in any invoice
to be furnished under this Act;
(q) requiring any person who has in his possession or under
his control any fertilizer and fertilizer supplement to
keep records relating thereto in the form and manner
prescribed, and to render returns in the form and
manner and at the times prescribed;
(r) prescribing the composition, efficacy, chemical,
physical or other property required in respect of any
substance in order that it may be imported, sold or
registered as a fertilizer or fertilizer supplement;
(s) prescribing procedures for appeal under this Act;
(t) respecting the disposition of anything forfeited to the
Government under this Act;
(u) prescribing forms to be used for any application under
this Act;
(v) the procedures for testing fertilizers and fertilizer
supplement;
(w) prescribing appropriate method or system of
importation and exportation of fertilizer and fertilizer
supplements; and
(x) prescribing anything which is by this Act required or
authorised to be prescribed.

n and exportation of fertilizer and fertilizer
supplements; and
(x) prescribing anything which is by this Act required or
authorised to be prescribed.

[s. 51]

[s. 51]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.391
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
54. A fertilizer dealer shall, within twelve months after coming
into force of this Act, apply to the Director for the registration
of the fertiliser or fertilizer supplements manufactured,
ordered, imported, sold or stored. [s. 52]
55. [Repeals the Fertilizers and Animal Food Staffs Act.]
[s.

liser or fertilizer supplements manufactured,
ordered, imported, sold or stored. [s. 52]
55. [Repeals the Fertilizers and Animal Food Staffs Act.]
[s.

53]
SCHEDULE
(Made under section 6(1)
COMPOSITION AND PROCEDURES OF THE BOARD
1.–(1) The Board shall consist of the Chairperson to be appointed by
the President and eight other members to be appointed by the Minister
as follows-
(a) a representative from the Ministry responsible for agriculture;
(b) a representative from the Ministry responsible for local
government;
(c) one representative from association of fertilizer dealers to
be appointed by the Minister on recommendation from
respective association;
(d) one representative from farmers association or co-operative
societies to be appointed by the Minister on recommendation
from respective association;
(e) a representative from the national institute responsible for
standards;
(f) a representative from the national institute responsible for
environmental matters;
(g) a representative from higher learning institutions or research
institutions dealing with soil science, soil production and
soil fertility; and
(h) a representative from the Government Chemist Laboratory
Authority. (2) The Director shall be the Secretary to the Board.

n and
soil fertility; and
(h) a representative from the Government Chemist Laboratory
Authority. (2) The Director shall be the Secretary to the Board.

(3) All meetings of the Board shall be chaired by the Chairperson, on
his absence, the members shall choose from its members a Chairperson
for meeting. (4) The Board may co-opt any other person to attend its meeting as
deemed appropriate for the purposes of rendering technical advice and
such co-opted person shall have no right to vote. Transitional
provisions
Repeal
Act No. 19 of 1962
Composition of
Board
Act No. 3 of 2020 s. 38

e and
such co-opted person shall have no right to vote. Transitional
provisions
Repeal
Act No. 19 of 1962
Composition of
Board
Act No. 3 of 2020 s. 38

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.392
THE FERTILIZERS ACT [CAP. 378 R.E. 2023]
2. A member of the Board other than an ex-officio member shall hold an
office for a period not exceeding three years or for such shorter periods
as may be specified in his instrument of appointment. 3.–(1) At least half of the members of the Board shall constitute a
quorum at any meeting and all decisions to be arrived at by the meeting
of the Board shall be decided by a simple majority of the members
present. (2) Each member of the Board shall have one vote and in the event
of equal votes, the Chairperson of the meeting shall have a second or
casting vote in addition to his deliberative vote. 4. Minutes in proper form of each meeting of the Board shall be properly
kept and confirmed by the Board at its next sitting and signed by the
Chairperson of the meeting. 5. The Board shall have power to regulate its own procedures in respect
of meetings and proper conduct of its business. 6.

Chairperson of the meeting. 5. The Board shall have power to regulate its own procedures in respect
of meetings and proper conduct of its business. 6.

The Board shall cause to be recorded and kept minutes of all business
conducted or transacted at its meetings, and the minutes of each
meeting of the Board shall be read and confirmed, or amended, at the
next meeting of the Board and signed by the Chairperson and Secretary. 7. Members of the Board shall be paid such allowances as may be
approved by the Minister responsible for finance. Tenure of office of
Board members
Members quorum
Minutes of Board
meetings
Procedures
Minutes of
meetings
Allowances of
members