The Standards

THE STANDARDS ACT, 2017
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY PROVISIONS
1. Short title and commencement
2. Interpretation
PART II
THE ZAMBIA BUREAU OF STANDARDS
3. Continuation of Bureau
4. Seal of Bureau
5. Functions of Bureau
6. Board of Bureau
7. Functions of Board
8. Proceedings of Board
9. Committees of Board
10. Emoluments
11. Executive Director, Directors, Secretary and other staff
12. Standards Consultative Forum
13. Disclosure of interest
14. Prohibition of publication or disclosure of information to
unauthorised persons
15. Immunity
PART III
ZAMBIAN NATIONAL STANDARDS
16. Zambian National Standards
17. Development of normative and information documents
18. Publication of standard
19. Incorporation of standard in legislation
20. Copyright in standard and publication
21. Restriction on certain claims on products and services
Standards [No. 4 of 2017 97
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K44.00 each.

es
Standards [No. 4 of 2017 97
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K44.00 each.

98 No. 4 of 2017] Standards
PART IV
CONFORMITY ASSESSMENT SERVICES
22. Inspection services
23. Testing services
24. Product certification
25. System certification
26. Certification mark
PART V
FINANCIAL PROVISIONS
27. Funds of Bureau
28. Financial year
29. Accounts and audit
30. Annual report
PART VI
GENERAL PROVISIONS
31. Appeals
32. Immunity from execution of judgments
33. Prohibition on use of certain words
34. General penalty
35. Offences by principal officer or shareholder ofbody corporate
or unincorporate body
36. Regulations
37. Repeal of Cap. 416
SCHEDULE

eneral penalty
35. Offences by principal officer or shareholder ofbody corporate
or unincorporate body
36. Regulations
37. Repeal of Cap. 416
SCHEDULE

A BILL
ENTITLED
An Act to continue the existence of the Zambia Bureau of
Standards and re-define its powers and functions; provide
for standardisation and quality assurance of products and
services through the setting of national standards and
provision of conformity assessment services for products
and services; repeal the Standards Act, 1994; and provide
for matters connected with, or incidental to, the forego-
ing. [13th April, 2017
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Standards Act, 2017, and shall
come into operation on such date as the Minister may, by statutory
instrument, appoint. 2. (1) In this Act, unless the context otherwise requires—
“ associate ” has the meaning assigned to it in the Anti-
Corruption Act, 2012;
“ Board ” means the Board of the Bureau established under
section 6;
“ Bureau ” means the Zambia Bureau of Standards continued
under section 3;
“ certification mark ” means a Zambia Bureau of Standards
mark declared under section 26 to be a mark of conformity
in relation to a product or service;
Standards [No. 4 of 2017 99
Enactment
Short title and
commencement
Interpretation
Act No.

be a mark of conformity
in relation to a product or service;
Standards [No. 4 of 2017 99
Enactment
Short title and
commencement
Interpretation
Act No.

3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2017
Date of Assent:12th April, 2017

3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2017
Date of Assent:12th April, 2017

“ Chairperson ” means the person appointed Chairperson of
the Board under section 6;
“ commodity ” means an article or product, whether manu-
factured or not;
“ conformity assessment ” means the procedure used to de-
termine, directly or indirectly, that the relevant requirements
of a standard or technical regulation relating to a product,
process, system or body has been fulfilled, and includes
inspection, testing and certification or a combination of in-
spection, testing and certification;
“ Director ” means a person appointed as such under section
11;
“ emoluments ” has the meaning assigned to it in the
Constitution;
“ Emoluments Commission ” means the Emoluments
Commission established under Article 232 of the
Constitution;
“ Executive Director ” means the person appointed Executive
Director of the Bureau under section 11;
“ informative document ” means a document to which
reference is made in the standard for information, and for
which application can be done without referencing;
“ inspection ” means the examination of a product, product
design, process or installation and determination of its
conformity with general or specific requirements or on the
basis of professional judgement;
“ manufacture ” means to produce, assemble, alter, modify,
convert, process or treat;
“ member ” means a person appointed as a member of the
Board under section 7;
“ National Enquiry Point ” means the centre that is charged
with the responsibility of providing information regarding
technical regulations, standards and conformity assessment
notified to the WTO as required in terms of the WTO
TBT Agreement;
“ normative document ” means a document relating to a
standard to which reference is made in a standard in a
manner that makes the reference indispensable for the
application of the standard;
Cap.

ng to a
standard to which reference is made in a standard in a
manner that makes the reference indispensable for the
application of the standard;
Cap.

1
100 No. 4 of 2017] Standards
Cap. 1

1
100 No. 4 of 2017] Standards
Cap. 1

“ power ” has the meaning assigned to it in the Constitution;
“ product ” means a commercially distributed good that is
tangible personal property, an output or result of a
fabrication, manufacturing or production process and
passes through a distribution channel being consumed or
used;
“ publish ” in relation to a Zambian National Standard, means
making available a publication by printing, electronic,
photographic or other means;
“ relative ” has the meaning assigned to it in the Anti-
Corruption Act, 2012;
“ repealed Act ” means the Standards Act, 1994;
“ Secretary ” means the person appointed as such under section
11;
“ service ” means a service provided for remuneration and at
the request of a recipient of a service, and includes the
process used to deliver the service;
“ standard ” means a document that provides for common
and repeated use of rules, guidelines or characteristics for
products, services or processes and production methods,
including terminology, symbols, packaging, marking or
labelling requirements that apply to a product, service,
process or production method;
“ State institution ” has the meaning assigned to it in the
Constitution;
“ Vice-Chairperson ” means a person appointed as such under
section 6;
“ WTO TBT Agreement ” means the World Trade
Organisation Agreement on Technical Barriers to Trade;
“ WTO ” means the World Trade Organisation;
“ Zambia Bureau of Standards ” means the Zambia Bureau
of Standards provided for under the repealed Act and
continued under this Act; and
“ Zambian National Standard ” means a standard approved
by the Bureau under this Act.

ded for under the repealed Act and
continued under this Act; and
“ Zambian National Standard ” means a standard approved
by the Bureau under this Act.

(2) Except where the contrary intention appears, a reference
in this Act to a standard is a reference to the standard as amended. Standards [No. 4 of 2017 101
Act No. 3 of
2012
Cap. 1
Cap. 416
Cap. 416
Cap. 1

ce
in this Act to a standard is a reference to the standard as amended. Standards [No. 4 of 2017 101
Act No. 3 of
2012
Cap. 1
Cap. 416
Cap. 416
Cap. 1

PART II
THE ZAMBIA BUREAU OF STANDARDS
3. The Zambia Bureau of Standards provided for under the
repealed Act shall continue to exist as if established under this Act,
as a body corporate with perpetual succession and a common seal,
capable of suing and being sued in its corporate name and with
power, subject to this Act, to do all such acts and things as a body
corporate may, by law, do or perform. 4. (1) The seal of the Bureau shall be such device as may be
determined by the Bureau and shall be kept by the Executive
Director. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Executive Director
or any other person authorised in that behalf by a resolution of the
Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal, may be entered into or executed without seal on
behalf of the Bureau by the Executive Director or any other person
generally or specifically authorised by the Board in that behalf.

d without seal on
behalf of the Bureau by the Executive Director or any other person
generally or specifically authorised by the Board in that behalf.

(4) A document purporting to be a document under the seal of
the Bureau or issued on behalf of the Bureau shall be received in
evidence and shall be deemed to be so executed or issued, as the
case may be, without further proof, unless the contrary is proved. 5. (1) The functions of the Bureau are to—
(a) develop, publish, maintain or withdraw Zambian National
Standards and related normative publications serving the
standardisation needs of Zambia;
(b) administer and maintain standards and ensure conformity
with standards;
(c) provide inspection services, testing services and system
and product certification;
(d) provide a voluntary certification mark scheme for the
assurance of product conformity to standards;
(e) promote quality health and safety standards for
commodities, products and services;
(f) facilitate efficiency in industry and promote trade through
standardisation;
(g) facilitate training in, and provide public education on,
standards and quality assurance;
Continuation
of Bureau
Cap. 416
Functions of
Bureau
Seal of Bureau
102 No. of 2017] Standards

de public education on,
standards and quality assurance;
Continuation
of Bureau
Cap. 416
Functions of
Bureau
Seal of Bureau
102 No. of 2017] Standards

(h) render conformity assessment and related services;
(i) participate and represent Zambia in international, regional
and foreign bodies with functions similar to the functions
of the Bureau;
(j) manage and coordinate the multilateral or bilateral
interactions with national standards bodies from other
countries;
(k) provide information services to the public on standards
and distribute Zambian National Standards and similar
publications from international and regional bodies;
(l)provide information for the protection of the consumers on
products and services which do not comply with this
Act;
(m) cooperate with State institutions and international
organisations in ensuring conformity with standards;
(n) operate as the National Enquiry Point, in consultation with
the relevant Ministries; and
(o) provide for a research and development programme for
new standards, improvement of existing standards,
standardisation of test methodology and the articulation
of future needs that might affect the standards
environment.

provement of existing standards,
standardisation of test methodology and the articulation
of future needs that might affect the standards
environment.

(2) The Bureau may—
(a) determine the fees payable for an inspection conducted
for the purposes of this Act;
(b) determine fees for training services and sale of Zambian
Natonal Standards testing services, product certification
and system certification; and
(c) determine what portion of a fee is payable in respect of
any part of a year and the date on which the fee or
portion of the fee is payable. 6. (1) There is constituted a Board for the Bureau which
consists of the following part-time members appointed by the
Minister:
(a) a representative of the Ministry responsible for industry;
(b) a representative of the Attorney General;
(c) two persons representing manufacturers and chambers
of commerce respectively; and
(d) three persons with experience and knowledge in matters
relevant to this Act. Board of
Bureau
Standards [No. 4 of 2017 103

mmerce respectively; and
(d) three persons with experience and knowledge in matters
relevant to this Act. Board of
Bureau
Standards [No. 4 of 2017 103

(2) The Minister shall appoint the Chairperson of the Board
from amongst the members of the Board who are not public
officers. (3) The members of the Board shall elect the Vice-Chairperson
from amongst themselves. (4) A person shall not be appointed as a member of the Board
if that person—
(a) is not a citizen of Zambia;
(b) is an undischarged bankrupt;
(c) has a mental disability that makes the person incapable of
performing the functions of a member; or
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine. (5) A member shall hold office for a period of three years and
may be reappointed for one further period of three years. (6) A member may resign upon giving one month’s notice, in
writing, to the Minister.

ars and
may be reappointed for one further period of three years. (6) A member may resign upon giving one month’s notice, in
writing, to the Minister.

(7) The office of a member becomes vacant if the member—
(a) dies;
(b) resigns;
(c) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which the member
has had notice;
(d) is adjudged bankrupt;
(e) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine; or
(f) has a mental disability which makes the member incapable
of performing the functions of a member. (8) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. (9) The Minister shall, whenever the office of a member
becomes vacant before the expiring of the term of office, appoint
another person in place of that member but that person shall hold
office as a member only for the unexpired part of the term of the
Board. 104 No. 4 of 2017] Standards

place of that member but that person shall hold
office as a member only for the unexpired part of the term of the
Board. 104 No. 4 of 2017] Standards

7. (1) The Board shall be the governing body of the Bureau
and shall exercise and perform the functions of the Bureau. (2) Without prejudice to the generality of subsection (1), the
functions of the Board are to—
(a) oversee the implementation and successful operation of
the policy and functions of the Bureau;
(b) review and approve the policy and strategic plans of the
Bureau;
(c) approve the annual budget and plans of the Bureau;
(d) approve the methodology for the development and approval
of Zambian National Standards;
(e) approve the investment of the funds of the Bureau in
accordance with Ministerial approval and relevant
regulations;
(f) monitor and evaluate the performance of the Bureau
against budgets and plans; and
(g) do all such things as are connected with, or incidental to,
the functions of the Board under this Act. (3) The Minister may enter into a performance contract with
the Board for a specified period, which shall be consistent with the
provisions of this Act. 8. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.

ich shall be consistent with the
provisions of this Act. 8. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.

(2) The Board shall meet for the transaction of its business at
least once in every three months at such places and times as it may
determine. (3) A meeting of the Board may be called by the Chairperson
upon giving notice of not less than fourteen days and shall be called
by the Chairperson if one third or more of the members so request
in writing, except that if the urgency of a particular matter does
not permit the giving of the notice, a special meeting may be called
upon giving a shorter notice. (4) Four members shall constitute a quorum at a meeting of
the Board. (5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
Functions of
Board
Proceedings
of
Board
Standards [No. 4 of 2017 105

the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
Functions of
Board
Proceedings
of
Board
Standards [No. 4 of 2017 105

(c) in the absence of the Chairperson and the Vice-
Chairperson, such other member as the members present
may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority
of the members present and voting at the meeting and in the event
of an equality of votes, the person presiding at the meeting shall
have a casting vote in addition to that person’s deliberative vote. (7) A member appointed under section 6(1) (a) and (b) who is,
for any reason, unable to attend a meeting of the Board may, in
writing, nominate another person from the same organisation to
attend the meeting in that member’s stead and that person shall be
deemed to be a member for the purpose of that meeting. (8) The Board may invite a person, whose presence is in its
opinion desirable, to attend and to participate in the deliberations of
the meeting of the Board, but that person shall have no vote. (9) The validity of any proceedings, acts or decisions of the
Board shall not be affected by a vacancy in the membership of the
Board or by any defect in the appointment of a member or by
reason that a person not entitled to do so took part in the proceedings.

membership of the
Board or by any defect in the appointment of a member or by
reason that a person not entitled to do so took part in the proceedings.

(10) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and every meeting of a committee
of the Board. 9. (1) The Board may, for the purpose of performing its functions
under this Act, establish such committees as it considers necessary
and delegate to any of those committees such of its functions as it
may determine. (2) The Board may appoint as members of a committee,
persons who are or are not members, except that at least one
member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold
office for such period as the Board may determine. (4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure. 10. A member of the Board or any committee of the Board
shall be paid such emoluments as the Emoluments Commission
may determine. 11. (1) The Board shall appoint the Executive Director of the
Bureau on such terms and conditions as it may determine with the
approval of the Emoluments Commission. Committees
of Board
Emoluments
Executive
Director,
Directors,
Secretary and
other staff
106 No. 4 of 2017] Standards

val of the Emoluments Commission. Committees
of Board
Emoluments
Executive
Director,
Directors,
Secretary and
other staff
106 No. 4 of 2017] Standards

(2) The Executive Director shall be the chief executive of-
ficer of the Bureau and shall be responsible, under the direction of
the Board, for the day-to-day administration of the Bureau. (3) The Executive Director shall attend meetings of the Board
and may address a meeting, but shall not vote on any matter. (4) The Board may appoint, on such terms and conditions as it
may determine with the approval of the Emoluments Commission,
the Directors, Secretary and such other staff as it considers
necessary for the performance of the functions of the Bureau and
Board under this Act. (5) The Secretary shall perform corporate secretarial duties for
the Board and such other functions as the Board may determine,
under the direction of the Board and the Executive Director. 12. (1) The Board may, whenever the need arises, convene an
adhoc consultative forum consisting of representatives of
organisations and State institutions with an interest in promoting
standardisation in industry and commerce.

ve forum consisting of representatives of
organisations and State institutions with an interest in promoting
standardisation in industry and commerce.

(2) The Standards Consultative Forum shall—
(a) consider matters that promote consumer protection,
industrial efficiency and development through
standardisation;
(b) make recommendations to the Board on—
(i) the impact of standards in public safety and health
and factors affecting compliance with
standards;
(ii) areas of cooperation to secure the adoption of
standards; and
(iii) any other matter on which the Board requests
for input for purposes of this Act; and
(c) recommend areas for law reform taking into account
international best practice. (3) The Board shall establish rules for the procedure of the
standards consultative forum which are consistent with the provisions
of this Act. 13. (1) A person who is present at a meeting of the Board or
a committee of the Board at which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as is practicable after the commencement
Standards
Consultative
Forum
Disclosure
of interest
Standards [No. 4 of 2017 107

vate
capacity shall, as soon as is practicable after the commencement
Standards
Consultative
Forum
Disclosure
of interest
Standards [No. 4 of 2017 107

of the meeting, declare that interest and shall not, unless the Board
or the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question relating to, that matter. (2) A disclosure of interest made under sub section (1) shall
be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or imprisonment for a term not
exceeding two years, or to both. 14. (1) A person shall not, without the consent, in writing, given
by or on behalf of the Bureau, publish or disclose to an unauthorised
person, otherwise than in the course of that person’s duties, the
contents of a document, communication or information which relates
to, or which has come to the knowledge of that person in the course
of that person’s duties under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to another person commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 15. An action or other proceeding shall not lie or be instituted
against a member of the Board, committee of the Board or a
member of staff of the Bureau for, or in respect of, an act or thing
done or omitted to be done in good faith in the exercise or
performance of any of the powers conferred under this Act. Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity
108 No. 4 of 2017] Standards

powers conferred under this Act. Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity
108 No. 4 of 2017] Standards

PART III
ZAMBIAN NATIONAL STANDARDS
16. (1) The Bureau shall establish and maintain a system to
develop and publish Zambian National Standards in conformity with
international norms and best practice. (2) The Bureau may, in the development of a Zambian National
Standard—
(a) establish national technical committees and provide for
their composition, functions and tenure; and
(b) recognise standards development organisations for a
specified scope of activity, except that such organisations
shall comply with the criteria set out in the standard
development process referred to in subsection (3). (3) The Bureau shall develop and maintain a standard to provide
for the process to be used to set or amend and approve a Zambian
National Standard. (4) The Zambian National Standard referred to in subsection
(1) shall be approved by the Board and shall comply with the
requirements of international and regional trade agreements to which
Zambia is a party. (5) The Bureau may withdraw a Zambian National Standard
if it is no longer required or is outdated or cannot be amended or
revised.

Zambia is a party. (5) The Bureau may withdraw a Zambian National Standard
if it is no longer required or is outdated or cannot be amended or
revised.

(6) Where the Zambian National Standard referred to in
subsection (5) is used in regulation or incorporated in a written law,
the Bureau shall consult the relevant State institution responsible
for the regulation of the written law before withdrawing the Zambian
National Standard. 17. (1) The Bureau may develop, publish, amend and withdraw
normative and informative documents other than Zambian National
Standards. (2) A document published in terms of subsection (1) shall
specify that the document does not have the status of a Zambian
National Standard. 18. (1) The Bureau shall publish a Zambian National Standard,
including an amendment, revision or withdrawal of the Zambian
National Standard, in the Gazette. (2) The notice in the Gazette shall—
(a) state the title, number and date of issue of the Zambian
National Standard; and
Zambian
National
Standards
Development
of normative
and
informative
documents
Publication of
standard
Standards [No. 4 of 2017 109

ional Standard; and
Zambian
National
Standards
Development
of normative
and
informative
documents
Publication of
standard
Standards [No. 4 of 2017 109

(b) contain a summary of the scope and purpose of the Zam-
bia National Standard or its amendment. (3) Despite the provisions of any other written law, a person
shall not issue a document which creates or may create the im-
pression that it contains or is a Zambian National Standard. 19. (1) A Zambian National Standard that is published in the
Gazette pursuant to section 18 may be incorporated in any law by
reference or title and number. (2) Where a Zambian National Standard is incorporated in any
law in terms of subsection (1) without indicating the year or edition
number and that Zambian National Standard is amended or revised,
the amended or revised Zambian National Standard shall be deemed
to have been incorporated. 20. (1) Despite the provisions of any other law—
(a) the copyright in a Zambian National Standard or a
publication issued by the Bureau is vested in the Bureau;
and
(b) the Bureau shall not be deprived of the copyright referred
to in paragraph (a), if a Zambian National Standard, a
provision of the Zambian National Standard or any
publication issued by the Bureau is incorporated into a
law in terms of this Act or any other law.

a
provision of the Zambian National Standard or any
publication issued by the Bureau is incorporated into a
law in terms of this Act or any other law.

(2) A person shall not publish, reproduce or record in any
manner or form a document or part of the document in which the
copyright vests in the Bureau, without the authorisation of the
Bureau. 21. (1) A person shall not claim or declare that a product or
service conforms with a Zambian National Standard or other
publication of the Bureau, unless the claim or declaration is true
and accurate in all material aspects. (2) A person shall not, in connection with the sale of a product
or the supply of a service, refer directly or indirectly to the Bureau
or the Board in a manner or under circumstances likely to create
the impression that the product or service has been approved by
the Bureau or the Board, unless the product or service is formally
licensed in terms of a conformity assessment scheme administered
by or on behalf of the Bureau under Part IV. Incorporation
of standard
in legislation
Copyright in
standard and
publication
Restriction
on
certain
claims on
products and
services
110 No. 4 of 2017] Standards

n
of standard
in legislation
Copyright in
standard and
publication
Restriction
on
certain
claims on
products and
services
110 No. 4 of 2017] Standards

PART IV
CONFORMITY ASSESSMENT SERVICES
22. (1) The Bureau may, with the approval of the Board,
establish, maintain and provide inspection services to the public
and private sectors. (2) The Bureau may enter into contracts with the public and
private sectors for the provision of inspection services. (3) The Bureau shall, in order to ensure the integrity of the
inspection services—
(a) appoint suitably qualified staff with knowledge of the
relevant sectors;
(b) establish suitable infrastructure to enable it to perform
the required tests; and
(c) operate quality management systems in accordance with
the relevant international standards. 23. (1) The Bureau may, with the approval of the Board,
establish and maintain testing laboratories in order to provide
scientific and technical services to the public and private sectors.

val of the Board,
establish and maintain testing laboratories in order to provide
scientific and technical services to the public and private sectors.

(2) The Bureau shall, in providing analytical and testing services
and in setting up the testing laboratories—
(a) provide information on analytical methods and comparative
testing to other laboratories;
(b) co-ordinate the development of new analytical methods;
and
(c) participate in interlaboratory comparisons and proficiency
testing schemes among testing laboratories at national,
regional and international level. (3) The Bureau may enter into contracts with the public and
private sectors for the provision of testing services. (4) The Bureau shall, in order to ensure the integrity of the
testing services—
(a) appoint suitably qualified persons with knowledge of the
relevant sectors;
(b) establish suitable infrastructure to enable it to perform
the required tests; and
(c) operate quality management systems in accordance with
the relevant international standards. Testing
services
Inspection
services
Standards [No. 4 of 2017 111

quality management systems in accordance with
the relevant international standards. Testing
services
Inspection
services
Standards [No. 4 of 2017 111

(5) The Bureau shall, in order to ensure the integrity of the
testing services, attain accreditation for test laboratories to
international standards. 24. (1) The Minister may, on the recommendation of the Board,
by statutory instrument—
(a) establish product certification schemes to be administered
by the Bureau; and
(b) declare a mark to be a certification mark for the purposes
of certifying conformity of a product with a declared
standard. (2) A certification mark shall not be declared which so closely
resembles a trade mark registered under the Trade Marks Act as
to be likely to be mistaken for that trade mark. (3) A person shall not apply a certification mark to a product
that does not comply with the requirements of the relevant standard
except with the authority of the Bureau, in writing, and in
accordance with this Act or any other relevant law. (4) The Bureau shall not unreasonably withhold an authorisation
of a product that conforms with the relevant standard.

Act or any other relevant law. (4) The Bureau shall not unreasonably withhold an authorisation
of a product that conforms with the relevant standard.

(5) A person shall not apply to a product or commodity, or
otherwise use in connection with the supply or promotion of a
product or commodity, a mark that so closely resembles a
certification mark as to be likely to be mistaken for the certification
mark, unless it was registered as a trade mark before the
commencement of the repealed Act. (6) A person shall not, in connection with the supply or
promotion of a product or commodity, make any reference to the
Board or the Bureau or to any certification mark, except to the
extent authorised under subsection (3). (7) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units. 25. (1) The Minister may, on recommendation of the Board,
by statutory instrument—
(a) establish a system certification scheme to be administered
by the Bureau; and
(b) declare a mark to be a certification mark for the purposes
of providing independent evidence of conformity of a
company, process or body with a management system
standard. Product
certification
System
certification
Cap. 401
Cap. 416
112 No. 4 of 2017] Standards

company, process or body with a management system
standard. Product
certification
System
certification
Cap. 401
Cap. 416
112 No. 4 of 2017] Standards

(2) A certification mark shall not be declared which
so closely resembles a trade mark registered under the Trade Marks
Act as to be likely to be mistaken for that trade mark. (3) A person may, with the written authority of the Bureau, in
accordance with this Act or any other written law, apply for a
certification mark in respect of a management system where the
system conforms with the requirements of the relevant standard. (4) The Bureau shall not unreasonably withhold an authorisation
under this section for a management system that conforms with
the relevant standard. (5) A person shall not apply to a product or commodity, or
otherwise use in connection with the supply or promotion of a
management system, any mark that so closely resembles a
certification mark as to be likely to be mistaken for the certification
mark, unless it was registered as a trade mark before the
commencement of the repealed Act. (6) A person shall not, in connection with the promotion of a
management system, make any reference to the Board or the
Bureau or to any certification mark, except to the extent authorised
under subsection (3).

a
management system, make any reference to the Board or the
Bureau or to any certification mark, except to the extent authorised
under subsection (3).

(7) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units. 26. The certification mark for all products and services in the
Republic shall be as prescribed by the Minister by statutory
instrument. PART V
FINANCIAL PROVISIONS
27. (1) The funds of the Bureau shall consist of such monies
as may—
(a) be appropriated to the Bureau by Parliament;
(b) be paid to the Bureau by way of grants or donations; or
(c) vest in or accrue to the Bureau. (2) The Bureau may, subject to the approval of the Minister—
(a) accept monies by way of grants or donations from a source
within or outside Zambia;
(b) raise by way of loans or otherwise, such monies as it
may require for the discharge of its functions; and
Cap. 416
Cap. 401
Certification
mark
Funds of
Bureau
Standards [No. of 2017 113

such monies as it
may require for the discharge of its functions; and
Cap. 416
Cap. 401
Certification
mark
Funds of
Bureau
Standards [No. of 2017 113

(c) charge and collect fees for services provided by the Bureau. (3) There shall be paid from the funds of the Bureau—
(a) the emoluments of the members and staff of the Bureau
as approved by the Emoluments Commission;
(b) such travelling and other allowances for members of the
Board, members of a committee of the Board or staff
of the Bureau when engaged on the business of the
Bureau at such rates as the Emoluments Commission
may approve; and
(c) any other expenses incurred by the Bureau in the
performance of its functions under this Act. (4) The Board may, with the approval of the Minister, invest in
such manner as it considers appropriate, such funds of the Bureau
that it does not immediately require for the discharge of its functions. 28. The financial year of the Bureau shall be a period of twelve
months ending on 31st December. 29. (1) The Bureau shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Bureau shall be audited annually by the
Auditor-General or an auditor appointed by the Auditor-General. (3) The Auditor-General’s fees shall be paid by the Bureau. 30.

udited annually by the
Auditor-General or an auditor appointed by the Auditor-General. (3) The Auditor-General’s fees shall be paid by the Bureau. 30.

(1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Bureau shall submit to the
Minister a report concerning its activities during the financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Bureau and there shall
be appended to that report
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subsection (1), lay the report before the National
Assembly. Financial
year
Accounts
and audit
Annual
report
114 No. 4 of 2017] Standards

ferred to in subsection (1), lay the report before the National
Assembly. Financial
year
Accounts
and audit
Annual
report
114 No. 4 of 2017] Standards

PART VI
GENERAL PROVISIONS
31. (1) A person aggrieved with the decision of the Bureau
under this Act may appeal to the Minister within thirty days of the
receipt of the decision of the Bureau. (2) A person aggrieved with a decision of the Minister may appeal
to the High Court. 32. Where a judgment order is obtained against the Bureau,
execution, attachment or process of any nature shall not be issued
against the Bureau or against any property of the Bureau, but the
Bureau shall cause to be paid out of its revenues such amount as
may, by the judgment or order, be awarded against the Bureau to
the person entitled to such amount. 33. (1) A person shall not commence or register an activity,
society, trade, company, business, occupation or association under
any name containing the words “Bureau of Standards”, “Standards
Bureau”, “Council of Standards”, “Standards Council”, “Standards
Board”, “Board of Standards” or other words that purport that the
person is, or is connected or associated with, the Bureau or the
Board.

, “Standards
Board”, “Board of Standards” or other words that purport that the
person is, or is connected or associated with, the Bureau or the
Board.

(2) A person shall not—
(a) under any law, register any trade or trade name that
contains the word “standard”; or
(b) supply any commodity under a mark or description that
contains the word “standard”; in a manner that purports
that the commodity to which the trade mark, trade name
or description relates conforms with any standard under
this Act. (3) A person who contravenes this section commits an offence. 34. A person who contravenes a provision of this Act for which
a specific penalty is not provided for shall, upon conviction, be
liable to a fine not exceeding one hundred thousand penalty units or
to imprisonment for a period not exceeding one year, or to both. 35.

nviction, be
liable to a fine not exceeding one hundred thousand penalty units or
to imprisonment for a period not exceeding one year, or to both. 35.

Where an offence under this Act is committed by a body
corporate or unincorporated body, and the director, manager or
shareholder of that body is suspected to have committed the offence
and is charged of that offence, that director, manager or shareholder
of the body corporate or unincorporate body is liable, upon convic-
tion, to the penalty specified for the offence, unless the director,
manager or shareholder proves to the satisfaction of the court that
Appeals
Immunity
from
execution of
judgments
Prohibition
on use of
certain
words
General
penalty
Offences by
principal
officer or
shareholder
of body
corporate or
unincorporate
body
Standards [No. 4 of 2017 115

use of
certain
words
General
penalty
Offences by
principal
officer or
shareholder
of body
corporate or
unincorporate
body
Standards [No. 4 of 2017 115

the act constituting the offence was done without the knowledge,
consent or connivance of the director, manager or shareholder or
that the director, manager or shareholder took reasonable steps to
prevent the commission of the offence.
36. The Minister may, in consultation with the Bureau, by statu-
tory instrument, make regulations for the better carrying out of the
provisions of this Act.
37. (1) The Standards Act, 1994, is repealed.
(2) Despite subsection (1), the provisions of the Schedule apply
in respect of the matters specified in that Schedule.
Regulations
Repeal of
Cap. 416
116 No. 4 of 2017] Standards

the provisions of the Schedule apply
in respect of the matters specified in that Schedule.
Regulations
Repeal of
Cap. 416
116 No. 4 of 2017] Standards

SCHEDULE
(Section 37(2))
1. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Bureau by virtue
of this Act and without further assurance, such assets, rights,
liabilities and obligations as the Minister may determine which
immediately before that date were the assets, rights, liabilities and
obligations of the Zambia Bureau of Standards which are necessary
for performance of the Bureau’s functions under this Act.

s, rights, liabilities and
obligations of the Zambia Bureau of Standards which are necessary
for performance of the Bureau’s functions under this Act.

(2) Subject to subsection (1), every deed, bond and agreement,
other than an agreement for personnel service, to which the Zambia
Bureau of Standards was a party immediately before the
commencement of this Act whether or not of such a nature that
rights, liabilities and obligations could be assigned shall, unless its
subject matter or terms make it impossible that it should have effect
as modified, as provided under this subsection, have effect as if -
(a) the Bureau had been party to it;
(b) for any reference to the Zambia Bureau of Standards
there was substituted, with respect to anything falling to
be done on or after the commencement of this Act, a
reference to the Bureau; or
(c) for any reference to any officer of the Zambia Bureau of
standards, not being a party to it and beneficially
interested, there were substituted, as respects anything
falling to be done on or after the commencement of this
Act, a reference to such officer of the Bureau as it
shall designate.

ed, as respects anything
falling to be done on or after the commencement of this
Act, a reference to such officer of the Bureau as it
shall designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the Zambia Bureau of Standards are deemed to be
transferred to the Bureau in respect of which transfer a written
law provides for registration, the Bureau shall make an application,
in writing, to the appropriate registration authority for registration
of the transfer. (4) The registration authority, referred to in subsection (3), shall
make such entries in the appropriate register as shall give effect to
the transfer and, where applicable issue to the transferee concerned
a certificate of title in respect of the property or make necessary
amendments to the register and shall endorse the deeds relating to
the title, right or obligation concerned and no registration fees or
other duties shall be payable in respect of the transaction. Transitional
provisions
Standards [No. 4 of 2017 117

oncerned and no registration fees or
other duties shall be payable in respect of the transaction. Transitional
provisions
Standards [No. 4 of 2017 117

2. (1) Any legal proceedings or application of the Zambia
Bureau of Standards pending immediately before the commence-
ment of this Act by or against the Zambia Bureau of Standards
may be continued by or against the Bureau.
(2) After the commencement of this Act, proceedings in re-
spect of any right, liability or obligation which was vested in, held,
enjoyed, incurred or suffered by the Zambia Bureau of Standards
may be instituted by or against the Bureau.
3. (1) There shall be transferred to the service of the Bureau
such staff as are necessary for the performance of the functions
of the Bureau under this Act.
(2) The service of the persons referred to in subsection (1) shall
be treated as continuous service.
(3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the Zambia Bureau of Standards
before the commencement of this Act.
Staff of
Zambia
Bureau of
Standards
Legal
Proceedings
118 No. 4 of 2017] Standards