The Spirits Act

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CHAPTER 222
THE SPIRITS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
3. Caoutchoucinized spirits.
part ii
4. Repealed.
part iii
IMPORT OF INDUSTRIAL SPIRITS
A. General Provisions
5. Interpretation.
6. Import of industrial spirits.
7. Purposes for which spirits may be imported.
8. Nature and labeling of containers.
9. Samples may be taken.
10. Non-caoutchoucinized spirits may be caoutchoucinized.
B. Non-caoutchoucinized Spirits (other than Power Alcohol)
11. Ports at which non-caoutchoucinized spirits may be imported.
12. Importer of non-caoutchoucinized spirits to make declaration.
13. How non-caoutchoucinized spirits may be released from Customs.
14. Saving in the case of power alcohol.
C. Caoutchoucinized Spirits and Power Alcohol
15. Ports at which caoutchoucinized spirits may be imported.
16. Spirits not conforming to formula may be confiscated.

nized Spirits and Power Alcohol
15. Ports at which caoutchoucinized spirits may be imported.
16. Spirits not conforming to formula may be confiscated.

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318
part iv
SALE OF NON-CAOUTCHOUCINIZED SPIRITS
(OTHER THAN POWER ALCOHOL)
17. Appointment of licensing officers.
18. Dealers in non-caoutchoucinized spirits to be licensed.
19. Issue and duration of licences.
20. Records to be kept by licensed dealers.
21. Certain spirits to be purchased only under permit.
22. Police officers may enter premises, take samples and examine records.
part v
GENERAL PROVISIONS
23. Containers to be labelled.
24. Prohibition of purification of methylated spirits.
25. Penalties.
26. Rules.
SCHEDULES

s.
part v
GENERAL PROVISIONS
23. Containers to be labelled.
24. Prohibition of purification of methylated spirits.
25. Penalties.
26. Rules.
SCHEDULES

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Spirits Act. 2.

this book may be reproduced or distributed without permission of OAG.319
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Spirits Act. 2.

In this Act, unless the context requires otherwise-
“Comptroller of Customs” includes any officer of Customs
to whom the Comptroller of Customs has delegated his
powers for any of the purposes of this Act;
“industrial spirits” means rectified spirits and any spirits to
which has been added methyl alcohol, pyridine, aniline
dye, caoutchoucine or any other substance whether of a
similar nature to the foregoing or not for the purpose of
making the mixture unfit for use as a beverage, whether
or not the resultant mixture is in fact capable of being so
used or not, and includes power alcohol;
“Minister” means the minister responsible for industries;
“non-caoutchoucinized spirits” means industrial spirits of
any description which have not been caoutchoucinized
in accordance with the provisions of section 3;
“power alcohol” means spirits of one of the kinds enumerated
in the First Schedule or of such other kind as the Minister
may by order direct; and
Short title
Interpretation
CHAPTER 222
THE SPIRITS ACT
An Act to make better provisions for controlling the manufacture of
spirits and the import, sale, purchase, consumption, storage and use of
industrial spirits.

make better provisions for controlling the manufacture of
spirits and the import, sale, purchase, consumption, storage and use of
industrial spirits.

[1st October, 1940]
Ords Nos. 3 of 1940
2 of 1958
[R.L. Cap. 222]

[1st October, 1940]
Ords Nos. 3 of 1940
2 of 1958
[R.L. Cap. 222]

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320
“rectified spirits” means spirits which have been purified and
refined by distillation and contain approximately ninety
percent of pure alcohol. 3.–(1) Caoutchoucinized spirits means plain spirits of a
strength not lower than fifty degrees over proof which has been
caoutchoucinized in accordance with the formula prescribed
in the Second Schedule to this Act. (2) The Minister may, by order, alter or amend the formula
prescribed in the Second Schedule. PART II
4. [Repealed by Act No. 5 of 1959 of the E.A.H.C. s. 17(2).]
PART III
IMPORT OF INDUSTRIAL SPIRITS
A. General Provisions
5. In this Part “spirits” means industrial spirits. 6. Industrial spirits shall only be imported in accordance with
the provisions of this Part. 7. Spirits shall not be imported into the United Republic unless
they are intended to be used entirely for industrial, medical or
scientific purposes.

7. Spirits shall not be imported into the United Republic unless
they are intended to be used entirely for industrial, medical or
scientific purposes.

8.–(1) All spirits imported under this Part shall be imported
in such containers as may be prescribed or as may be required
by the conditions of any permit issued under the provisions of
section 11. (2) Every container containing spirits shall be clearly
labelled or marked with the name of the manufacturer and
importer and the nature of the contents. (3) The label or marks shall indicate the formula to which
the spirits conform. Caoutchoucinized
spirits
Repealed
Interpretation
Import of
industrial spirits
Purposes for
which spirits may
be imported
Nature and
labeling of
containers

tchoucinized
spirits
Repealed
Interpretation
Import of
industrial spirits
Purposes for
which spirits may
be imported
Nature and
labeling of
containers

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THE SPIRITS ACT [CAP. 222 R.E. 2023]
(4) Any such container not so labelled may be confiscated
together with the contents thereof by the Comptroller of
Customs. (5) The Comptroller may in any case referred to in subsection
(4) direct that the contents be analysed at the expense of the
importer and, if no other offence under this Act appears to have
been committed in respect of the consignment, may allow the
container to be labeled or otherwise dealt with according to law. 9. The Comptroller of Customs may take samples to be taken
of any spirits imported under this Part, and any spirits not
conforming to any customs declaration under which they
are imported, or not conforming to the label or description
marked on the container shall be confiscated. 10. The Comptroller of Customs may, at the request and at the
expense of the importer, direct that any non-caoutchoucinized
spirits be made to conform to the formula prescribed for
caoutchoucinized spirits and such spirits shall be labelled and
dealt with accordingly. B.

ed
spirits be made to conform to the formula prescribed for
caoutchoucinized spirits and such spirits shall be labelled and
dealt with accordingly. B.

Non-caoutchoucinized Spirits (other than Power Alcohol)
11.–(1) Non-caoutchoucinized spirits shall be imported only
at the ports of Dar-es-Salaam and Tanga and any other port
which the Minister may by order published in the Gazette
declare to be a permitted port for the purposes of this section
and in accordance with the conditions of a permit in writing
issued by the Comptroller of Customs. (2) The Comptroller of Customs may refuse to issue any
such permit if he deems fit or may issue a permit subject to
such conditions as he may consider expedient. (3) An import permit shall be granted only to the holder of
a dealer’s licence issued in accordance with Part IV of this Act. (4) The Comptroller of Customs may subject to such
conditions as he may require grant an import permit to
any person requiring spirits for use in connection with his
profession or business and not for sale. Samples may be
taken
Non-
caoutchoucinized
spirits may be
caoutchoucinized
Ports at
which non-
caoutchoucinized
spirits may be
imported

not for sale. Samples may be
taken
Non-
caoutchoucinized
spirits may be
caoutchoucinized
Ports at
which non-
caoutchoucinized
spirits may be
imported

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322
(5) A copy of every import permit issued shall be forwarded
to the licensing authority appointed under the provisions of
Part IV. 12.–(1) Every person importing non-caoutchoucinized spirits
shall, within twenty-four hours of the unloading consignment,
make a written declaration to the officer in charge of Customs
at the port of entry stating the nature and quantity of spirits
imported. (2) Where the spirits are methylated spirits the declaration
shall, if the Comptroller of Customs shall so require contain a
specification of the formula to which the spirits conform. 13. Non-caoutchoucinized spirits shall not be released from
the Customs except with the permission of the Comptroller of
Customs. 14. Sections 11 to 13 shall not apply to power alcohol. C.

not be released from
the Customs except with the permission of the Comptroller of
Customs. 14. Sections 11 to 13 shall not apply to power alcohol. C.

Caoutchoucinized Spirits and Power Alcohol
15.–(1) Caoutchoucinized spirits conforming to the formula
prescribed in section 3 and power alcohol may be imported
only at the ports of Dar-es-Salaam, Tanga and any other port
which the Minister may by order published in the Gazette
declare to be a permitted port for the purpose of this section. (2) The spirits manufactured in and imported from Uganda
may in addition be imported at the ports of Bukoba, Mwanza,
Musoma, Moshi, Arusha and Lindi if accompanied by a
certificate issued by the Government of Uganda to the effect
that they conform to the prescribed formula. 16.–(1) Spirits imported as caoutchoucinized spirits but not
conforming to the formula prescribed by section 3 shall be
confiscated or may in the discretion of the Comptroller of
customs be dealt with as provided in section 10. (2) Power alcohol not conforming to the prescribed
formulae may be confiscated by the Comptroller of Customs.

be dealt with as provided in section 10. (2) Power alcohol not conforming to the prescribed
formulae may be confiscated by the Comptroller of Customs.

Importer of non-
caoutchoucinized
spirits to make
declaration
How non-
caoutchoucinized
spirits may be
released from
Customs
Saving in the case
of power alcohol
Ports at which
caoutchoucinized
spirits may be
imported
Spirits not
conforming to
formula may be
confiscated

stoms
Saving in the case
of power alcohol
Ports at which
caoutchoucinized
spirits may be
imported
Spirits not
conforming to
formula may be
confiscated

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THE SPIRITS ACT [CAP. 222 R.E. 2023]
PART IV
SALE OF NON-CAOUTCHOUCINIZED SPIRITS
(OTHER THAN POWER ALCOHOL)
17. The Minister may by general or special authorisation in
writing appoint licensing officers for the purposes of this Part. 18. A person shall not sell non-caoutchoucinized spirits
other than power alcohol unless he is licensed as a dealer in
accordance with the provisions of this Part. 19.–(1) The licensing officer may, if he deems fit, issue to any
person a licence to deal in non-caoutchoucinized spirits other
than power alcohol, and shall keep a register of all licences
issued under the provisions of this section. (2) The licensing officer may, at any time, without giving
any reason therefor, revoke any such licence. (3) A licence issued under this section shall expire on the
31st of December next after the date of issue. (4) Every licence issued under this section shall specify the
premises upon which the holder is entitled to sell spirits and
the maximum quantity which he may have in his possession at
any one time.

l specify the
premises upon which the holder is entitled to sell spirits and
the maximum quantity which he may have in his possession at
any one time.

(5) Every such licence shall be displayed at a prominent
place in the premises concerned. 20. The holder of a licence issued under section 19 shall keep
records, in the English language, showing-
(a) the quantities of spirits imported or purchased, the
number and date of the import permit or permit to
purchase;
(b) the quantities of spirits sold with the date, name of
purchaser and the number and date of the permit
under which the purchase was made; and
(c) the quantities of spirits used as ingredients in other
preparations with the description and quantity of any
preparation so made. Appointment of
licensing officers
Dealers in non-
caoutchoucinized
spirits to be
licensed
Issue and
duration of
licences
Records to be
kept by licensed
dealers

nt of
licensing officers
Dealers in non-
caoutchoucinized
spirits to be
licensed
Issue and
duration of
licences
Records to be
kept by licensed
dealers

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324
21.–(1) A person shall not sell any non-caoutchoucinized
spirits other than power alcohol or any potable substance
containing spirits on which customs or excise duty has not
been paid unless the purchaser produces a permit to buy the
same issued under the provisions of this section subject to
subsection (5). (2) A permit to buy such spirits may be issued by a licensing
officer and shall state the quantity which may be purchased. (3) A licensing officer shall not issue a permit to buy such
spirits to any person unless he is satisfied that such person
requires the same for a lawful use. (4) Every such permit shall be retained by the dealer. (5) A permit shall not be required for the purchase of
such spirits for medical purposes by a duly qualified medical
practitioner, dentist or veterinary surgeon, or in the case of a
purchase of such spirits in accordance with a prescription duly
given by such person. 22.

titioner, dentist or veterinary surgeon, or in the case of a
purchase of such spirits in accordance with a prescription duly
given by such person. 22.

A police officer of or above the rank of assistant inspector
may, without a warrant, at all reasonable times enter and
inspect the premises of any person holding a licence under this
Part, and may take or cause to be taken samples of any spirits
found upon the premises or of any substance which he has
reason to believe contains spirits and may call for and examine
all records kept by the licence holder under the provisions of
this Part. PART V
GENERAL PROVISIONS
23. Every container of any description whatsoever containing
industrial spirits shall be labelled with a description of the
contents and it shall be an offence for any person to be in
possession of any such container not so labelled. Certain spirits to
be purchased only
under permit
Police officers
may enter
premises, take
samples and
examine records
Containers to be
labelled

lled. Certain spirits to
be purchased only
under permit
Police officers
may enter
premises, take
samples and
examine records
Containers to be
labelled

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THE SPIRITS ACT [CAP. 222 R.E. 2023]
24. A person shall not, except as may be provided by Part II
of this Act purify any industrial spirits, attempt to recover the
alcohol from any industrial spirits by any process whatsoever,
or have in his possession any apparatus of any kind whatsoever
for that purpose. 25. A person who contravenes any of the provisions of this Act
or of any rules or orders made thereunder commits an offence
and on conviction shall be liable to imprisonment for a term of
six months or to a fine not exceeding two thousand shillings,
or to both. 26.

offence
and on conviction shall be liable to imprisonment for a term of
six months or to a fine not exceeding two thousand shillings,
or to both. 26.

The Minister may make rules prescribing anything which is
to be prescribed under the provisions of this Act, and generally
for the better carrying out of the purposes of this Act and,
without prejudice to the generality of the foregoing power, for
any of the following purposes-
(a) controlling the manufacture of spirits;
(b) prescribing the form of permits, applications and other
documents to be issued under the Act and the fees to
be charged for anything to be done thereunder;
(c) preventing the consumption of industrial spirits as a
beverage;
(d) making further provision for controlling the import,
export, sale, consumption, storage and use of industrial
spirits and prescribing any formula in accordance with
which such spirits may be imported or sold; and
(e) making such further provision as he may consider
necessary for the purpose of controlling the trade in
industrial spirits. Prohibition of
purification of
methylated spirits
Penalties
Rules
Ord. No. 2 of 1958 Sch.

the purpose of controlling the trade in
industrial spirits. Prohibition of
purification of
methylated spirits
Penalties
Rules
Ord. No. 2 of 1958 Sch.

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326
FIRST SCHEDULE
(Made under section 2)
POWER ALCOHOL
Power alcohol shall conform to one of the following formulae-
1. To every ninety-eight-and-one-half parts by volume of spirits or
spirituous mixture there shall be mixed not less than one part by volume
of petroleum and not less than one-half of one part by volume of crude
pyridine: to this shall be added not less than twenty percent by volume
of petrol or benzole. 2. Any formula prescribed by the Commissioners of Customs and
Excise in the United Kingdom in pursuance of powers conferred upon
them by any law for the time being in force.

ed by the Commissioners of Customs and
Excise in the United Kingdom in pursuance of powers conferred upon
them by any law for the time being in force.

SECOND SCHEDULE
(Made section under section 3(1))
Formula
CAOUTCHOUCINIZED SPIRITS
Every two hundred parts by volume shall contain either:
(i) at least one part of volume of light caoutchoucine and at
least one part by volume of crude pyridine as specified
below; or
(ii) at least ten parts by volume of kerosene and at least four
parts by volume of castor oil,
and every one hundred gallons of the mixture must contain at least
one-fortieth of an ounce of powdered aniline dye (methyl violet). (1) Nature - By “caoutchoucine” is meant the liquid obtained by the
dry distillation of vulcanised rubber. By “light caoutchoucine” is meant
the liquid obtained by redistilling “caoutchoucine” and collecting that
portion which passes over at or below about 200°C. (2) The specific gravity of light caoutchoucine - The specific gravity
of light caoutchoucine at “60°F’’ should lie between .835 and .860
referred to water as 1.000. (3) Boiling Test - For the purpose of this test, 100 c.c. of light
caoutchoucine should be redistilled in the pyridine testing glass (see
specification for pyridine bases). Under these conditions not more than
15 c.c.

caoutchoucine should be redistilled in the pyridine testing glass (see
specification for pyridine bases). Under these conditions not more than
15 c.c.

of distillate should pass over at or below 100°C, whilst a total
(including the foregoing) of at least 70 c.c. should pass over at or below
200°C. GN. No. 183 of 1950

ould pass over at or below 100°C, whilst a total
(including the foregoing) of at least 70 c.c. should pass over at or below
200°C. GN. No. 183 of 1950

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THE SPIRITS ACT [CAP. 222 R.E. 2023]
(4) Absence of soluble constituents - When 25 c.c. of light
caoutchoucine are shaken with an equal volume of water in a stoppered
graduated cylinder and due time is allowed for the liquids to separate
again into two layers the light caoutchoucine should show no appreciable
diminuation in volume. (5) Neutrality - The aqueous layer obtained from test (4) should
show no marked acidity or alkalinity when tested with both red and
blue litmus paper. (6) Limit of saturated hydrocarbons - At least seventy percent, of
the light caoutchoucine should be soluble in concentrated sulphuric
acid. For testing this 25 c.c. should be measured off into a tapped and
stoppered separating cylinder of suitable capacity and sulphuric acid
should be added, at first with great care and very small quantities. After
each addition of acid, the cylinder should be shaken and cooled to
avoid loss of volatile constituents.

th great care and very small quantities. After
each addition of acid, the cylinder should be shaken and cooled to
avoid loss of volatile constituents.

Sufficient acid shall be used (usually
about 50 c.c.) for the high coloured layer to become quite fluid so that
it can separate readily from the upper layer of unattacked constituents. After a final thorough shaking and cooling, the cylinder should be left
for about three hours to thorough shaking and cooling, the cylinder
should be left for about three hours to effect complete separation of the
two layers and the lower layer should be then tapped off. The almost
colourless upper layer should be again shaken with strong sulphuric
acid until it appears free from soluble constituents (as judged by the
colour imparted to the sulphuric acid), and separated as before after
standing. It should finally measure not more than 7 c.c. The acid used
should be of specific gravity 1.84 and may be of commercial quality. (7) Freedom from water - Light caoutchoucine should not contain any
appreciable amount of water. Any officer engaged in drawing samples for
test should certify on the bottle that he has drawn the sample from the
bottom of the containing vessel where the water, if present, will be found.

or
test should certify on the bottle that he has drawn the sample from the
bottom of the containing vessel where the water, if present, will be found.

For this purpose he should employ a syphon tube of which the shorter limb
reaches to the floor of the containing vessel. He should also assure himself
that the sample is collected in a bottle free of moisture. Laboratory Tests to Ascertain the Suitability of
Pyridine Bases for Denaturing Alcohol
I. Colour - The colour must not ordinarily be darker than that given
by two cubic centimetres of decinormal iodine solution dissolved in
one litre of distilled water. II. Miscibility - The pyridine bases should mix readily and completely
with spirit and should give a clear or only slightly opalescent solution
when mixed with twice their volume of water. III. Amount of water present - From 20 c.c. of the pyridine base
mixed with 20 c.c. of caustic soda solution (density 1.4) at least 18.5 of
the bases should separate, after having been repeatedly shaken together
and allowed to stand.

of caustic soda solution (density 1.4) at least 18.5 of
the bases should separate, after having been repeatedly shaken together
and allowed to stand.

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328
IV. Titration - Dissolve 1 c.c. of the pyridine bases in 9.5 c.c. of
distilled water. Titrate with normal sulphuric acid until a drop of the
mixture gives a definite blue spot on congo-red paper (the blue colour
should at once disappear). At least 9.5 c.c. of the normal sulphuric acid
should be required to produce this re-action. (To prepare the congo-
red paper dissolve one gram of congo-red in one litre of distilled water. Soak filter paper in this and then dry). V. Cadmium chloride reaction - Vigorously shake together 10 c.c. of
a solution of 1 c.c. of pyridine bases in 100 c.c. of distilled water with 5
c.c. of a five percent solution of dry fused cadmium chloride. A distinct
crystalline precipitate should immediately result and there should be an
abundant separation of crystals within ten minutes. Another 10 c.c. of
the above one percent, aqueous solution should give a white precipitate
when mixed with 5 c.c. of Nessler’s reagent. VI. Boiling point - Distil 100 c.c.

e above one percent, aqueous solution should give a white precipitate
when mixed with 5 c.c. of Nessler’s reagent. VI. Boiling point - Distil 100 c.c.

of the pyridine bases in the manner
described below. At least 50 c.c. should distil over at or under 140°C, and a total of 90
c.c. at or under 160°C. Methoa - 100 c.c. of pyridine bases are placed in a short necked
copper flask of about 200 c.c. capacity. The flask is arranged on an
asbestos card which has a circular hole of 30 mm. diameter cut in it. To
the flask is attached a fractionating column (consisting of a tube 13 mm. wide and 170 mm. long provided with one bulb) of which the side-tube
(issuing 1 c.m. above the bulb) joins a Liebig’s condenser of which the
cooled part is at least 400 mm. long. A standard thermometer is placed
in the head of the column so that its bulb occupies the centre of the bulb
of the column. The speed of distillation is adjusted to 5 c.c. per minute, the distillate
being received in a graduated glass cylinder. At least 50 c.c. should distil
over at or under 140°C. and 90 c.c. at or under 160°C. at a barometric
pressure of 760 mm. If the barometer varies from 760 mm. a correction of 0.1°C. for each
3 mm. variation of pressure should be applied (e.g., under a barometric
pressure of 770 mm. 50 c.c.

aries from 760 mm. a correction of 0.1°C. for each
3 mm. variation of pressure should be applied (e.g., under a barometric
pressure of 770 mm. 50 c.c.

of distillate should come over at or under
140.3°C., whilst at a pressure of 750 mm. the same amount of distillate
should come over at 139.7°C).