The Tobacco Act, 2022

THE TOBACCO ACT, 2022
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
PART II
TOBACCO BOARD OF ZAMBIA
3. Continuation of Tobacco Board of Zambia
4. Functions of Tobacco Board of Zambia
5. Establishment of Board
6. Functions of Board
7. Delegation of functions
8. Executive Director, Secretary and other staff
PART III
REGISTRATION OF GROWERS
9. Prohibition of growing tobacco without certificate
10. Registration of growers
11. Certificate of Registration
12. Allotment of registered number to grower
13. Prohibition against disclosure of allotment number
14. Suspension or revocation of registration
15. Duration of certificate of registration
16. Returns by grower
17. Register of growers
PART IV
LICENSING GRADERS, BUYERS AND SALES FLOORS
18. Prohibition to grade, buy or use premises to sell tobacco
without licence
19. Application to operate as grader, buyer or use premises
to sell tobacco
20. Suspension or revocation of licence
Tobacco [No. 10 of 2022 141
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K168.00 each.

e
Tobacco [No. 10 of 2022 141
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K168.00 each.

21. Period of validity of licence
22. Renewal of licence
23. Exemption to use sales floor without licence
PART V
SALE OF TOBACCO
24. Prohibition of buying or selling at unlicensed sales floor
25 Marking of bales of saleable tobacco
26. Holder of sales floor licence to sell tobacco of grower
27. Delivery in excess of marketing quota
28. Import of saleable tobacco for sale in Republic
29. Duties of holder of licence of sales floor on sale of
imported saleable tobacco
30. Sale of saleable tobacco grown in earlier season
31. Saleable tobacco to be sold on sales days in the selling
season
32. Weighing, selling and commission charges of holder
of sales floor licence
33. Deductions from purchase price of saleable tobacco
34. Notice to remove tobacco from licensed sales floor
35. Tobacco Board of Zambia to dispose of surplus or
unsold tobacco
36. Appointment and functions of sales supervisors
37. Saleable tobacco by auction
38. Prohibition against manufacture or keeping of saleable
tobacco not sold on licensed sales floor
PART VI
PRESCRIBED VARIETIES OF TOBACCO
39. Variety of tobacco to be grown or sold
40.

or keeping of saleable
tobacco not sold on licensed sales floor
PART VI
PRESCRIBED VARIETIES OF TOBACCO
39. Variety of tobacco to be grown or sold
40.

Prohibition against growing or selling tobacco not of
prescribed variety
PART VII
INSPECTORATE
41. Inspectors
42. Powers of Inspectors
43. Arrest without warrant
44. Seizure of property
45. Restoration of property
142 No. 10 of 2022] Tobacco

Tobacco [No. 10 of 2022 143
PART VIII
TOBACCO LEVY
46. Leviable tobacco
47. Imposition of levy
48. Payment of levy
49. Collection and remittance of levy
PART IX
TOBACCO LEVY FUND
50. Establishment of Fund
51. Administration of Fund and accounts
52. Annual report
PART X
GENERAL PROVISIONS
53. Appeals
54. Establishment of pool
55. General offences
56. General penalty
57. Regulations
58. Repeal of Cap. 237 and 238
SCHEDULES

RAL PROVISIONS
53. Appeals
54. Establishment of pool
55. General offences
56. General penalty
57. Regulations
58. Repeal of Cap. 237 and 238
SCHEDULES

An Act to provide for the promotion, regulation and monitoring
of the production, marketing and packing of tobacco in the
Republic; provide for the regulation of the import of tobacco
to the Republic; continue the existence of the Tobacco Board
of Zambia and re-define its functions; re-constitute the
composition of the Board and revise the Board functions;
provide for the imposition and collection of a levy on tobacco
grown in the Republic; repeal and replace the Tobacco Act,
1967 and the Tobacco Levy Act, 1967; and provide for
matters connected with, or incidental to, the foregoing. [ 11th August, 2022
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Tobacco Act, 2022. 2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti
Corruption Act, 2012;
“Board” means the Board of the Tobacco Board of Zambia
constituted under section 5;
“buyer” means a person who is licensed to buy tobacco from
a grower at the licensed sales floor;
Enactment
Short title
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 10 of 2022
Date of Assent: 9th August, 2022
Tobacco [No.

es floor;
Enactment
Short title
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 10 of 2022
Date of Assent: 9th August, 2022
Tobacco [No.

10 of 2022 145

10 of 2022 145

“certificate of registration” means a certificate of
registration issued under section 11;
“Chairperson” means the person appointed as Chairperson
of the Board under section 5;
“emoluments” has the meaning assigned to the word in
the Constitution;
“Emoluments Commission” means the Emoluments
Commission established by the Constitution;
“Executive Director” means the person appointed as
Executive Director of the Tobacco Board of Zambia
under section 8;
“export on consignment” means the consignment of
tobacco to an agent, factor or commission agent for
purposes of sale outside the Republic;
“external market” means the demand for tobacco in any
country outside the Republic;
“Fund” means the Tobacco Levy Fund established under
section 50;
“grader” means any person who grades tobacco as a
business or trade and “grading” shall be construed
accordingly;
“grower” means a person who is registered to grow tobacco
for purposes of sale on a licensed sales floor;
“inspector” means a person appointed as an inspector under
section 41;
“internal market”means the demand for tobacco for the
purposes of manufacture in the Republic;
“legally disqualified” means the absence of legal capacity
as provided in section 4 of the Mental Health Act, 2019;
Cap.

manufacture in the Republic;
“legally disqualified” means the absence of legal capacity
as provided in section 4 of the Mental Health Act, 2019;
Cap.

1
Cap. 1
Act No. 6 of
2019
146 No. 10 of 2022] Tobacco

1
Cap. 1
Act No. 6 of
2019
146 No. 10 of 2022] Tobacco

“licence” means a licence issued under section 19;
“licensed sales floor” means a sales floor licensed by the
Tobacco Board of Zambia under Part IV for the purpose
of buying and selling tobacco;
“licensed grader” means a person licensed by the Tobacco
Board of Zambia to grade tobacco under Part IV;
“leviable tobacco” means tobacco prescribed as leviable
tobacco under section 46;
“levy” means a levy imposed under this Act;
“manufacture” in relation to tobacco, means to subject
tobacco to a process or treatment other than butting,
thrashing, stripping or re-drying, and cognate expressions
shall be construed accordingly;
“member” means a member of the Board;
“pool” means a centre established under section 54 where,
on the instruction of the Tobacco Board of Zambia, surplus
tobacco is delivered by a grower and stored for disposal
by the Tobacco Board of Zambia;
“register” means the register referred to under section 17;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“sales floor” means the premises used for the sale of saleable
tobacco;
“saleable tobacco” means any class of tobacco which is
prescribed by the Minister under section 39;
“sales supervisor” means a person appointed as sales
supervision under section 36;
“Secretary” means the person appointed as Secretary under
section 8;
“selling season” means the period in each year fixed by the
Tobacco Board of Zambia during which saleable tobacco
may be sold;
Act No.

nder
section 8;
“selling season” means the period in each year fixed by the
Tobacco Board of Zambia during which saleable tobacco
may be sold;
Act No.

3 of
2012
Tobacco [No. 10 of 2022 147

3 of
2012
Tobacco [No. 10 of 2022 147

“surplus tobacco” means saleable tobacco in excess of
registered production quota;
“tobacco” means unmanufactured tobacco including
tobacco stems of a class prescribed by the Minister under
section 39;
“Tobacco Board of Zambia” means the Tobacco Board of
Zambia continued in existence under section 3;
“unsold tobacco’’ means tobacco that remains on the
licensed sale floor after the last day of the selling season;
“Vice-Chairperson” means the person elected as Vice-
Chairperson of the Board under section 5; and
“Zambia Bureau of Standards” means the Zambia Bureau
of Standards established under the Standards Act, 2017. PART II
TOBACCO BOARD OF ZAMBIA
3. (1) The Tobacco Board of Zambia established under
the repealed Act is continued in existence 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 the provisions of this Act, to do acts and things
that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Tobacco Board of
Zambia. 4.

of this Act, to do acts and things
that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Tobacco Board of
Zambia. 4.

The functions of the Tobacco Board of Zambia are to—
(a) promote, protect and maintain the production, sale,
preparation for subsequent use and export of
tobacco grown in the Republic;
(b) regulate and monitor the production, marketing,
import and export of tobacco;
(c) carry out tobacco research and ensure quality
standards of tobacco as approved by the Zambia
Bureau of Standards;
(d) collect information relating to the production,
marketing, manufacture and consumption of
tobacco within and outside the Republic;
(e) provide and operate services and other facilities
that may be necessary for the tobacco industry;
Act No. 4 of
2017
Continuation of
Tobacco Board
of Zambia
Functions of
Tobacco Board
of Zambia
148 No. 10 of 2022] Tobacco

y for the tobacco industry;
Act No. 4 of
2017
Continuation of
Tobacco Board
of Zambia
Functions of
Tobacco Board
of Zambia
148 No. 10 of 2022] Tobacco

(f) facilitate the production of tobacco or tobacco seed
as and when the Tobacco Board of Zambia is of the
opinion that it is in the best interests of the tobacco
industry of the Republic to do so;
(g) buy tobacco, in consultation with the Minister, if it
is in the best interests of the tobacco industry to buy
that tobacco;
(h) promote, protect and maintain the sale of tobacco
grown in the Republic, having regard to buyers and
trade interests and the stability of the market; and
(i) advise the Minister on matters relating to tobacco. 5. (1) There is constituted a Board of the Tobacco Board of
Zambia which consists of the following part-time members
appointed by the Minister:
(a) a representative each of the ministry responsible for—
(i) agriculture;
(ii) commerce; and
(iii) finance;
(b) a representative of the Attorney-General;
(c) a representative of the Zambia Chamber of Commerce
and Industry;
(d) a representative of the Zambia Environmental
Management Agency;
(e) a representative each of an association representing
(i) small scale tobacco growers; and
(ii) large scale tobacco growers; and
(f) a person with proven knowledge and experience in
matters relevant to this Act.

ll scale tobacco growers; and
(ii) large scale tobacco growers; and
(f) a person with proven knowledge and experience in
matters relevant to this Act.

(2) The ministries, institutions, or organisations under
subsection (1)(a), (b), (c), (d) and (e) shall nominate their
representatives for appointment by the Minister. (3) The Minister shall appoint the Chairperson of the Board
from among the members of the Board. (4) The members shall elect the Vice-Chairperson from among
themselves. Establishment
of Board
Tobacco [No. 10 of 2022 149

g the members of the Board. (4) The members shall elect the Vice-Chairperson from among
themselves. Establishment
of Board
Tobacco [No. 10 of 2022 149

(5) A person shall not be appointed as a member of the
Board if that person is—
(a) not a citizen;
(b) an employee of the Tobacco Board of Zambia;
(c) convicted of an offence under any written law and
is sentenced to imprisonment for a term exceeding
six months without the option of a fine;
(d) legally disqualified; or
(e) an undischarged bankrupt. (6) The First Schedule applies to the Board. 6. 1) Subject to the other provisions of this Act, the Board
shall provide strategic policy direction to the Tobacco Board of
Zambia. (2) Despite the generality of subsection (1), the functions
of the Board are to —
(a) approve the annual budget estimates and financial
statements of the Tobacco Board of Zambia;
(b) approve the annual work plan and activity reports
of the Tobacco Board of Zambia;
(c) promote effective corporate governance of the
Tobacco Board of Zambia; and
(d) formulate the policies, programmes and strategies
of the Tobacco Board of Zambia. 7. (1) The Board may, on conditions that the Board
considers necessary, delegate any of the Board’s functions to
the Executive Director.

rd of Zambia. 7. (1) The Board may, on conditions that the Board
considers necessary, delegate any of the Board’s functions to
the Executive Director.

(2) A delegation made under subsection (1) shall not
prevent the Board from performing the delegated function. (3) The Minister may give to the Board general or specific
directions, which are consistent with the provisions of this Act,
relating to the performance of its functions and the Board shall
give effect to those directions. Functions
of Board
Delegation of
functions
150 No. 10 of 2022] Tobacco

rformance of its functions and the Board shall
give effect to those directions. Functions
of Board
Delegation of
functions
150 No. 10 of 2022] Tobacco

8. (1) The Board shall appoint an Executive Director who
shall be—
(a) the chief executive officer of the Tobacco Board of
Zambia; and
(b) responsible for the day-to-day administration of the
Tobacco Board of Zambia. (2) The Executive Director shall be an ex-officio member of
the Board. (3) The Board shall appoint a Secretary who shall perform
corporate secretarial duties for the Board and other functions as
the Tobacco Board of Zambia may determine, under the direction
of the Board and the Executive Officer. (4) The Board shall appoint inspectors and other staff of the
Tobacco Board of Zambia that the Tobacco Board of Zambia
considers necessary for the performance of the Board’s functions. (5) The Emoluments Commission shall, on the
recommendation of the Board, determine the emoluments of the
Executive Director, Secretary, inspectors and other staff of the
Tobacco Board of Zambia. (6) The Board shall determine the terms and conditions of
service, other than emoluments, of the Executive Director,
Secretary, inspectors and other staff of the Tobacco Board of
Zambia. PART III
REGISTRATION OF GROWERS
9.

than emoluments, of the Executive Director,
Secretary, inspectors and other staff of the Tobacco Board of
Zambia. PART III
REGISTRATION OF GROWERS
9.

(1) A person shall not grow tobacco for purposes of sale
on a licensed sales floor without a certificate of registration issued
under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 10. (1) Subject to the provisions of this section, a person
who intends to grow tobacco for purposes of sale on a licensed
sales floor shall apply to the Tobacco Board of Zambia for
registration as a grower in the prescribed manner and form and on
payment of a prescribed fee. (2) An application under subsection (1) shall be made to the
Executive Director. Executive
Director,
Secretary and
other staff
Prohibition
of growing
tobacco
without
certificate
Registration
of growers
Tobacco [No. 10 of 2022 151

. Executive
Director,
Secretary and
other staff
Prohibition
of growing
tobacco
without
certificate
Registration
of growers
Tobacco [No. 10 of 2022 151

(3) The Tobacco Board of Zambia shall, within thirty days
of receipt of an application under subsection (1), grant or reject
the application and inform the applicant of the decision of the
Tobacco Board of Zambia. 11. (1) The Tobacco Board of Zambia shall, where the
Toabcco Board of Zambia grants an application under section
10, issue the applicant with a certificate of registration in a
prescribed form. (2) The Minister may, in consultation with the Tobacco
Board of Zambia, by statutory instrument, prescribe—
(a) classes of tobacco for purposes of an application
under this Part;
(b) the registration period in respect of classes of
tobacco specified within which growers or
intended growers of any specified classes of
tobacco shall register under this Act; and
(c) the duration of registration. 12. (1) The Executive Director shall allot a registered
number to each grower for each class of tobacco to be grown by
that grower in each season. (2) A registered number allotted under subsection (1) is
not transferable without the written consent of the grower to
whom the number is allotted and the Executive Director.

allotted under subsection (1) is
not transferable without the written consent of the grower to
whom the number is allotted and the Executive Director.

(3) The Executive Director may, on an application by a
grower and with the approval of the Board, cancel any registered
number allotted to a registered grower. 13. (1) A person shall not disclose to another person the
number allotted to the grower under section 12. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. Certificate of
registration
Allotment of
registered
number to
grower
Prohibition
against
disclosure of
allotment
number
152 No. 10 of 2022] Tobacco

h. Certificate of
registration
Allotment of
registered
number to
grower
Prohibition
against
disclosure of
allotment
number
152 No. 10 of 2022] Tobacco

(3) Subsection (1) does not apply to a disclosure —
(a) made by an official of the Tobacco Board of Zambia
in the course of duties;
(b) necessary for the proper conduct of the sale of any
tobacco;
(c) made by the owner of a bale of tobacco on which the
allotment number appears;
(d) made with the permission of the owner of the
allotment number; or
(e) made with the authority of the Minister or Board. 14. (1) Subject to this Act or any other written law, the
Tobacco Board of Zambia may suspend or revoke a certificate of
registration if the holder of the certificate of registration—
(a) obtained the certificate through fraud,
misrepresentation or concealment of a material fact;
(b) fails to comply with a term or condition of the
certificate; or
(c) contravenes a provision of this Act. (2) In addition to subsection (1), the Tobacco Board of Zambia
may, in the public interest, suspend or revoke a certificate of
registration.

this Act. (2) In addition to subsection (1), the Tobacco Board of Zambia
may, in the public interest, suspend or revoke a certificate of
registration.

(3) The Tobacco Board of Zambia shall, before suspending
or revoking a certificate of registration in accordance with
subsection (1), notify the holder of the certificate of registration of
its intention to suspend or revoke the certificate and shall —
(a) give reasons for the intended suspension or
revocation; and
(b) require the holder of the certificate of registration to
show cause, within a period of not more than thirty
days, why the certificate of registration should not
be suspended or revoked. (4) The Tobacco Board of Zambia shall not suspend or revoke
a certificate of registration under this section if the holder of the
certificate of registration takes remedial measures to the satisfaction
of the Tobacco Board of Zambia within the period specified under
subsection (3). Suspension
or
revocation
of
registration
Tobacco [No. 10 of 2022 153

of the Tobacco Board of Zambia within the period specified under
subsection (3). Suspension
or
revocation
of
registration
Tobacco [No. 10 of 2022 153

(5) The Tobacco Board of Zambia shall, in making its final
determination on the suspension or revocation of a certificate
of registration, consider the submissions made by the holder of
the certificate of registration under subsection (3). (6) The Tobacco Board of Zambia may suspend or revoke
a certificate of registration if the holder of the certificate after
being notified under subsection (3) fails to show cause or does
not take any remedial measures, to the satisfaction of the Tobacco
Board of Zambia, within the time specified in that subsection. (7) A holder of the certificate of registration shall, where a
certificate of registration is revoked in accordance with this
section, surrender that certificate to the Tobacco Board of
Zambia, subject to the conditions that the Tobacco Board of
Zambia may impose. 15. A certificate of registration granted under this Part shall
be valid for three years and may be renewed on the terms and
conditions as prescribed. 16. (1) A grower shall submit to the Executive Director a
return relating to the grower’s tobacco in a prescribed manner
and form.

ions as prescribed. 16. (1) A grower shall submit to the Executive Director a
return relating to the grower’s tobacco in a prescribed manner
and form.

(2) A return referred to under subsection (1) shall include—
(a) the grower’s undertakings on issues of—
(i) child labour;
(ii) afforestation;
(iii) tobacco nesting;
(iv) alternative crop production;
(v) good crop husbandry practices; and
(vi) safe working environment for the
employees; and
(b) other information that the Tobacco Board of
Zambia may require. 17. (1) The Tobacco Board of Zambia shall cause to be
kept a register of growers in the prescribed form. (2) The register shall be kept by the Secretary at the offices
of the Tobacco Board of Zambia, and shall be open for inspection
by members of the public during office hours on payment of a
fee that the Tobacco Board of Zambia may determine. Duration of
certificate of
registration
Returns by
grower
Register of
growers
154 No. 10 of 2022] Tobacco

t the Tobacco Board of Zambia may determine. Duration of
certificate of
registration
Returns by
grower
Register of
growers
154 No. 10 of 2022] Tobacco

(3) The Executive Director may, on an application by a person,
issue to the person a certified extract from the register on payment
of a fee that the Tobacco Board of Zambia may determine. PART IV
LICENSING GRADERS, BUYERS AND SALES FLOORS
18. (1) A person shall not carry on business as a grader,
buyer, or use any premises as a sales floor for the sale of tobacco,
without a licence issued under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 19. (1) A person who intends to carry on business as a grader,
buyer, or use any premises as a sales floor for the sale of tobacco,
shall apply to the Tobacco Board of Zambia for a licence in the
prescribed manner and form on payment of the prescribed fee. (2) An application made under subsection (1) shall be made
to the Executive Director. (3) The Tobacco Board of Zambia shall, within thirty days of
receipt of an application under subsection (2), grant or reject the
application and inform the applicant of the decision of the Tobacco
Board of Zambia.

ceipt of an application under subsection (2), grant or reject the
application and inform the applicant of the decision of the Tobacco
Board of Zambia.

(4) Where the Tobacco Board of Zambia fails to inform the
applicant of its decision on an application for a licence, within the
period specified in subsection (3), the application shall be deemed
to have been granted. (5) The Tobacco Board of Zambia shall, where the Tobacco
Board of Zambia grants an application under subsection (3), issue
the applicant with a licence in a prescribed form authorising the
applicant to carry on the business of a grader, buyer, or use any
premises as a sales floor for the sale of tobacco, on conditions that
the Tobacco Board of Zambia may determine. (6) Despite subsection (5), the Minister may,in consultation
with the Tobacco Board of Zambia, prescribe, by statutory
instrument, the licensed sales floor where a buyer may buy tobacco. Prohibition
to grade,
buy or use
premises to
sell tobacco
without
licence
Application
to operate as
grader,
buyer or use
premises to
sell tobacco
Tobacco [No. 10 of 2022 155

uy or use
premises to
sell tobacco
without
licence
Application
to operate as
grader,
buyer or use
premises to
sell tobacco
Tobacco [No. 10 of 2022 155

20. (1) Subject to this Act or any other written law, the
Tobacco Board of Zambia may suspend or revoke a licence
issued under this Part if the holder of the licence —
(a) obtained the licence through fraud,
misrepresentation or concealment of a material
fact;
(c) fails to comply with a term or condition of the
licence; or
(d) contravenes a provision of this Act. (2) In addition to subsection (1), the Tobacco Board of
Zambia may, in the public interest, suspend or revoke a licence. (3) The Tobacco Board of Zambia shall, before suspending
or revoking a licence in accordance with subsection (1), notify
the holder of the licence of its intention to suspend or revoke
the licence and shall –
(a) give reasons for the intended suspension or
revocation; and
(b) require the holder of the licence to show cause,
within a period of not more than thirty days, why
the licence should not be suspended or revoked. (4) The Tobacco Board of Zambia shall not suspend or
revoke a licence under this section if the holder of the licence
takes remedial measures to the satisfaction of the Tobacco Board
of Zambia within the period specified under subsection (3).

the holder of the licence
takes remedial measures to the satisfaction of the Tobacco Board
of Zambia within the period specified under subsection (3).

(5) The Tobacco Board of Zambia shall, in making its final
determination on the suspension or revocation of a licence,
consider the submissions made by the holder of the licence under
subsection (3). (6) The Tobacco Board of Zambia may suspend or revoke
a licence if the holder of the licence after being notified under
subsection (3) fails to show cause or does not take any remedial
measures, to the satisfaction of the Tobacco Board of Zambia,
within the time specified in that subsection. (7) Where a licence is revoked in accordance with this
section, the holder of the licence shall surrender that licence to
the Tobacco Board of Zambia, subject to the conditions that the
Tobacco Board of Zambia may impose. Suspension or
revocation of
licence
156 No. 10 of 2022] Tobacco

oard of Zambia, subject to the conditions that the
Tobacco Board of Zambia may impose. Suspension or
revocation of
licence
156 No. 10 of 2022] Tobacco

21. A licence issued by the Tobacco Board of Zambia under
this Part shall be valid for three years. 22. (1) A holder of a licence issued under this Part may,
three months before the expiry of a licence, apply to the Tobacco
Board of Zambia for the renewal of the licence in the prescribed
manner and form on payment of the prescribed fee. (2) The Tobacco Board of Zambia shall, within thirty days
of receipt of the application under subsection (1) approve or reject
the application. (3) The Tobacco Board of Zambia shall, where it rejects
an application for renewal under subsection (2) inform the
applicant, giving reasons for the rejection. 23. (1) The Tobacco Board of Zambia may use any
premises as a sales floor for the sale of tobacco without a licence. (2) The provisions of this Part relating to an application
and other requirement of licences shall not apply for the purposes
of subsection (1). PART V
SALE OF TOBACCO
24. (1) A person shall not sell or buy saleable tobacco on an
unlicensed sales floor.

apply for the purposes
of subsection (1). PART V
SALE OF TOBACCO
24. (1) A person shall not sell or buy saleable tobacco on an
unlicensed sales floor.

(2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. (3) Subsection (1) does not apply to—
(a) a further sale or purchase of saleable tobacco after it
has been sold on a licensed sales floor;
(b) the surplus or unsold tobacco which is designated
for disposal under section 35; or
(c) a trade sample or a sample for use in research not
exceeding two kilogrammes and three hundred
grammes in weight, respectively. Period of
validity of
licence
Renewal of
licence
Exemption to
use sales
floor without
licence
Prohibition of
buying or
selling at
u n l i c e n s e d
sales floor
Tobacco [No. 10 of 2022 157

f
licence
Exemption to
use sales
floor without
licence
Prohibition of
buying or
selling at
u n l i c e n s e d
sales floor
Tobacco [No. 10 of 2022 157

25. (1) A grower of saleable tobacco shall mark that
grower’s bales of saleable tobacco as prescribed. (2) A grower shall not deliver for sale to a licensed sales
floor a bale of saleable tobacco which—
(a) was grown by that grower and is marked with a
number other than the number allotted to that
grower; or
(b) was not grown by that grower and is marked with
the allotted number of that grower. (3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. 26. (1) A holder of a sales floor licence shall not sell or
permit the sale of saleable tobacco which is grown in the
Republic on the sales floor unless the tobacco is grown and is
delivered by, or on behalf of, a grower. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. 27.

le, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. 27.

(1) A grower commits an offence if that grower
delivers or causes to be delivered saleable tobacco to a licensed
sales floor in excess of the marketing quota. (2) A person who contravenes subsection (1) shall not, for
a period that the Tobacco Board of Zambia determines, deliver
or cause to be delivered saleable tobacco to a licensed sales
floor for sale or export of saleable tobacco. 28. (1) A person shall not import saleable tobacco not
grown in the Republic for sale in the Republic. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. (3) Despite subsection (1), the Minister may, in consultation
with the Tobacco Board of Zambia, by statutory instrument,
prescribe a class of saleable tobacco not grown in the Republic
to be imported for purposes of sale on a licensed sales floor. Marking of
bales of
saleable
tobacco
Holder of sales
floor licence to
sell tobacco of
grower
Delivery in
excess of
marketing quota
Import of
saleable tobacco
for sale in
Republic
158 No. 10 of 2022] Tobacco

or licence to
sell tobacco of
grower
Delivery in
excess of
marketing quota
Import of
saleable tobacco
for sale in
Republic
158 No. 10 of 2022] Tobacco

(4) The Tobacco Board of Zambia may issue to holder of a
licensed sales floor a permit to accept for sale, sell or authorise the
sale of saleable tobacco imported into the Republic under any
regulation made in accordance with subsection (3). (5) A person shall not accept for sale, sell or authorise the
sale of imported saleable tobacco not grown in the Republic without
a permit issued by the Tobacco Board of Zambia under subsection
(4). (6) A person who contravenes subsection (5) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 29. (1) A holder of a sales floor licence or an agent of a
holder of a sales floor licence shall, before the saleable tobacco
which is not grown in the Republic is sold on a licensed sales
floor, publicly announce on that licensed sales floor the name of
the country from which the tobacco was grown.

e Republic is sold on a licensed sales
floor, publicly announce on that licensed sales floor the name of
the country from which the tobacco was grown.

(2) A holder of the sales floor licence or an agent of a holder
of a sales floor licence shall, for the purposes of tobacco referred
to under subsection (1)—
(a) be auctioned in lots separate and apart from saleable
tobacco which is grown within the Republic; and
(b) not be purchased for the internal market without the
authority, in writing, of the Minister. (3) A person who contravenes this section commits an offence
and is liable, on conviction, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a term not exceeding
five years, or to both. 30. (1) A grower who holds a permit issued under section
28 by the Tobacco Board of Zambia to sell saleable tobacco from
any selling season may deliver that tobacco to a licensed sales
floor for sale in any later selling season if an inspector appointed
under the Plant Pests and Diseases Act issues a certificate to that
grower to the effect that the —
(a) tobacco has been fumigated in the manner prescribed;
and
(b) tobacco or a representative sample thereof has been
inspected as prescribed and no evidence of the
presence of any living pest of tobacco has been found
in the tobacco.

sentative sample thereof has been
inspected as prescribed and no evidence of the
presence of any living pest of tobacco has been found
in the tobacco.

Duties of
holder of
licence of
sales floor
on sale of
imported
saleable
tobacco
Sale of
saleable
tobacco
grown in
earlier
season
Cap. 233
Tobacco [No. 10 of 2022 159

r of
licence of
sales floor
on sale of
imported
saleable
tobacco
Sale of
saleable
tobacco
grown in
earlier
season
Cap. 233
Tobacco [No. 10 of 2022 159

(2) An inspector, shall issue a certificate referred to under
subsection (1) in a prescribed manner and form not more than
thirty days before the tobacco is delivered to the licensed sales
floor. (3) A sales supervisor shall, before the saleable tobacco is
sold on a sales floor under subsection (1), publicly announce
the year in which the tobacco was grown and that the certificate
required under this section has been issued in respect of the
tobacco. 31. (1) A person shall not sell, or permit the sale of,
saleable tobacco on any licensed sales floor—
(a) on a day or at an hour of a day in any selling season
which is not fixed by the Tobacco Board of Zambia
for the sale of saleable tobacco of that class; or
(b) at any time in any selling season during which the
Tobacco Board of Zambia or a sales supervisor
has prohibited sales on the sales floor as
prescribed. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. 32.

le, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. 32.

(1) The Tobacco Board of Zambia may, with the
approval of the Minister, on the application of a holder of a
sales floor licence authorise that holder of a sales floor licence
to deduct charges referred to under subsection (2) from the
purchase price of the tobacco. (2) A holder of a sales floor licence —
(a) may fix—
(i) weighing charges in respect of saleable
tobacco which is accepted by that holder for
sale on that holder’s sales floor; and
(ii) selling commission and re-handling charges
in respect of saleable tobacco which is sold
on that holder’s sales floor;
Saleable
tobacco to be
sold on sales
days in the
selling season
Weighing,
selling and
commission
charges of
holder of sales
floor licence
160 No. 10 of 2022] Tobacco

o to be
sold on sales
days in the
selling season
Weighing,
selling and
commission
charges of
holder of sales
floor licence
160 No. 10 of 2022] Tobacco

(b) shall not fix—
(i) weighing, selling, commission or re-handling
charges greater than the appropriate charges
authorised under subsection (1); or
(ii) charges other than the weighing, selling,
commission or re-handling charges under
paragraph (a). (3) A holder of a sales floor licence may, after the completion
of sales on that holder’s sales floor in any selling season fixed by
the Tobacco Board of Zambia, grant to a grower a rebate of the
charges referred to under subsection (2)(a) as the holder may
determine. 33. (1) A buyer of saleable tobacco on a licensed sales floor
shall pay the purchase price of the tobacco to the holder of the
sales floor licence on whose sales floor the tobacco is sold. (2) A holder of a sales floor licence shall, after deducting from
the purchase price the charges and deductions that the sales floor
licence holder is authorised to deduct under this Act or any other
written law, pay the balance of the purchase price to the seller or
the seller’s agent. 34.

holder is authorised to deduct under this Act or any other
written law, pay the balance of the purchase price to the seller or
the seller’s agent. 34.

(1) The Tobacco Board of Zambia may give notice, in
writing, to a grower of the saleable tobacco to remove the tobacco
which remains unsold on a licensed sales floor after the last day of
the selling season within a period that the Tobacco Board of Zambia
may determine. (2) A grower of saleable tobacco who fails to remove the
tobacco within a period specified by the Tobacco Board of Zambia
in the notice referred to under subsection (1) commits an offence
and is liable, on conviction, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a term not exceeding
five years, or to both. (3) The Tobacco Board of Zambia shall, where a grower of
saleable tobacco fails to remove the tobacco within the period
specified in the notice under subsection (1), confiscate the tobacco
and dispose of, or destroy, the tobacco. 35. (1) The Tobacco Board of Zambia shall, where a grower
has surplus or unsold tobacco at the end of a selling season dispose
of, destroy, cause to be destroyed, order the disposal or destruction
of the surplus or unsold tobacco.

tobacco at the end of a selling season dispose
of, destroy, cause to be destroyed, order the disposal or destruction
of the surplus or unsold tobacco.

Deductions
from
purchase
price of
saleable
tobacco
Notice to
remove
tobacco
from
licensed
sales floor
Tobacco
Board of
Zambia to
dispose of
surplus or
unsold
tobacco
Tobacco [No. 10 of 2022 161

tobacco
Notice to
remove
tobacco
from
licensed
sales floor
Tobacco
Board of
Zambia to
dispose of
surplus or
unsold
tobacco
Tobacco [No. 10 of 2022 161

(2) Despite subsection (1), the Tobacco Board of Zambia
may issue a permit, in a prescribed manner and form, to a grower
to retain, until the next selling season, any surplus or unsold
tobacco belonging to that grower at the end of a selling season. (3) Subsection (2) does not limit or restrict any power
vested in a person under any written law at any time to destroy
or order the destruction of tobacco which is infested with any
living tobacco pest, fungus or disease of tobacco. 36. (1) The Board shall appoint, for the purposes of this
Part, sales supervisors for the supervision of sales of tobacco
on licensed sales floors.

o. 36. (1) The Board shall appoint, for the purposes of this
Part, sales supervisors for the supervision of sales of tobacco
on licensed sales floors.

(2) A sales supervisor shall—
(a) attend sales of saleable tobacco held on the
licensed sales floor to which that sales supervisor
is assigned by the Tobacco Board of Zambia;
(b) regulate sales of saleable tobacco on the licensed
sales floor to which that sales supervisor is
assigned, in accordance with instructions specified
to the sales supervisor by the Tobacco Board of
Zambia; and
(c) if the sales supervisor has justifiable reasons to
believe that the provisions of this Act relating to
the sale of saleable tobacco are not complied with,
suspend or prohibit the sale of the tobacco for
forty-eight hours and give directions to the holder
of the sales floor licence that the sale supervisor
considers appropriate. (3) The Tobacco Board of Zambia shall furnish a—
(a) sale supervisor with instructions, in writing,
relating to the sale’s supervisor’s powers to
regulate, suspend or prohibit the sales of saleable
tobacco on licensed sales floors; and
(b) holder of a sales floor licence, buyer and grower,
and inspector with copies of instructions referred
to under paragraph (a) and of any alterations made
to the instructions by the Tobacco Board of
Zambia.

inspector with copies of instructions referred
to under paragraph (a) and of any alterations made
to the instructions by the Tobacco Board of
Zambia.

Appointment
and functions of
sales
supervisors
162 No. 10 of 2022] Tobacco

Appointment
and functions of
sales
supervisors
162 No. 10 of 2022] Tobacco

37. The Minister shall, by statutory instrument, prescribe the
manner of sale of saleable tobacco by auction. 38. (1) A person shall not, without the authority, in writing,
of the Minister—
(a) manufacture saleable tobacco whether for sale as
manufactured tobacco or otherwise; or
(b) keep saleable tobacco in that person’s possession or
control for the purposes of manufacture and sale
whether as manufactured tobacco or in other form
of tobacco. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. PART VI
PRESCRIBED VARIETIES OF TOBACCO
39. (1) Subject to the Plant Variety and Seeds Act, the
Minister may, in consultation with the Tobacco Board of Zambia,
prescribe any specific variety of tobacco which may be grown or
sold in the Republic for the purposes of this Act.

n with the Tobacco Board of Zambia,
prescribe any specific variety of tobacco which may be grown or
sold in the Republic for the purposes of this Act.

(2) Despite subsection (1), the Minister may, in consultation
with the Tobacco Board of Zambia, authorise the growing, sale or
delivery of a variety of tobacco which is not prescribed under
subsection (1), subject to conditions that the Minister may
determine. 40. (1) A person commits an offence if that person grows
or sells —
(a) tobacco which is not prescribed or authorised under
section 39; or
(b) a prescribed varietal sport of tobacco, unless that
varietal sport has been prescribed or authorised under
section 39. (2) A person convicted of an offence under subsection (1) is
liable, to a fine not exceeding five hundred thousand penalty units
or to imprisonment for a term not exceeding five years, or to both. Saleable
tobacco by
auction
Prohibition
against
manufacture
or keeping
of saleable
tobacco not
sold on
licensed
sales floor
Variety of
tobacco to
be grown or
sold
Cap. 236
Prohibition
against
growing or
selling
tobacco not
of prescribed
variety
Tobacco [No. 10 of 2022 163

r
Variety of
tobacco to
be grown or
sold
Cap. 236
Prohibition
against
growing or
selling
tobacco not
of prescribed
variety
Tobacco [No. 10 of 2022 163

(3) A court may in addition to the penalty imposed under
subsection (2), at the request of the prosecution, order that the
tobacco be forfeited in accordance with the Forfeiture of
Proceeds of Crime Act, 2010 or destroyed, without
compensation. (4) In this subsection, “varietal sport” means any plant
which varies singularly and spontaneously from the normal type
of plant of the variety in which it appears. PART VII
INSPECTORATE
41. (1) The Tobacco Board of Zambia may, appoint a
suitably qualified person to be an inspector for the purposes of
ensuring compliance with this Act. (2) The Tobacco Board of Zambia shall issue an inspector
with an identification card and a certificate of appointment in
the prescribed form which shall be prima facie evidence of the
inspector’s appointment. 42.

an identification card and a certificate of appointment in
the prescribed form which shall be prima facie evidence of the
inspector’s appointment. 42.

(1) An inspector may, for the purpose of enforcing
the provisions of this Act, at any reasonable time and without
notice—
(a) enter and inspect a land, building, premises or
vehicle that the inspector has reasonable cause to
believe is being used in the production, storage,
grading, processing or sale of tobacco in
contravention of this Act;
(b) enter and inspect a land, building, premises or
vehicle of a grower, buyer, licensed grader, or any
licensed sales floor and, in the prescribed manner,
take samples of any tobacco growing thereon or
of any harvested tobacco found therein if in the
inspector’s opinion any of the growing or
harvested tobacco is not of a prescribed variety
and is being, or has been, grown on that land or is
being held on that land, building, premises or
vehicle in contravention of this Act;
(c) inspect equipment and supplies in or about the
land, building, premises or vehicle of a grower,
licensed grader, buyer or any licensed sales floor;
Inspectors
Act No. 19
of 2010
Powers of
Inspectors
164 No. 10 of 2022] Tobacco

ehicle of a grower,
licensed grader, buyer or any licensed sales floor;
Inspectors
Act No. 19
of 2010
Powers of
Inspectors
164 No. 10 of 2022] Tobacco

(d) remove a document, book, record or other document
from a land, building, premises or vehicle of a grower,
buyer, licensed grader, or any licensed sales floor
which an inspector believes may afford evidence of
an offence under this Act;
(e) require from a person whose in control of a land,
building, premises or vehicle of a grower, buyer,
licensed grader or any licensed sales floor an
explanation of any record or entry in the document,
book, record or other document;
(f) make copies of, extracts from, a document, book,
record or other document relating a grower, buyer,
licensed grader or any licensed sales floor that has a
bearing on an investigation; and
(g) remove from a registered grower, buyer, licensed
grader or any licensed sales floor any equipment,
commodity or product used in contravention of this
Act. (2) An inspector may perform an inspection for the purposes
of ensuring a licensee’s compliance with that licensee’s obligations
in relation to an activity.

inspector may perform an inspection for the purposes
of ensuring a licensee’s compliance with that licensee’s obligations
in relation to an activity.

(3) A grower, buyer, licensed grader or any licensed sales floor
shall afford an inspector access to any record or document for
purposes of an inspection and produce to the inspector, a record or
document that the inspector may require. (4) An inspector shall exercise the power under subsection
(1)(a) in relation to a private dwelling house or any land or building
occupied as a private dwelling, during the day with a warrant. (5) An inspector who removes an article, document, record,
book or any other thing from any premises under subsection (1),
shall —
(a) issue a receipt for the article, document, record, book
or any other thing to the owner or person in control
of the premises; and
(b) return the article, document, record, book or any
other document as soon as practicable after achieving
the purpose for which it was removed. Tobacco [No. 10 of 2022 165

document, record, book or any
other document as soon as practicable after achieving
the purpose for which it was removed. Tobacco [No. 10 of 2022 165

43. (1) A law enforcement officer may arrest a person,
without a warrant, where the inspector has reasonable grounds
to believe that the person—
(a) has committed an offence under this Act;
(b) is about to commit an offence under this Act and
there is no other way to prevent the commission
of the offence; or
(c) is willfully obstructing an inspector in the
execution of the inspector’s duties. (2) A law enforcement officer who makes an arrest under
subsection (1) shall, without undue delay, have the person
arrested brought to a police station. 44. A law enforcement officer may seize and detain property
which the inspector has reason to believe was used to commit
an offence under this Act until an order of the court is made
regarding the disposal thereof. 45.

e inspector has reason to believe was used to commit
an offence under this Act until an order of the court is made
regarding the disposal thereof. 45.

(1) A law enforcement officer shall, where a person
from whom an article or other property has been seized under
section 44 is found not guilty or the proceedings against that
person are withdrawn —
(a) without unnecessary delay, restore the article or
property to that person; or
(b) where the enforcement authority is satisfied that
the person cannot be found or is unwilling to
receive back the article or property, apply to the
court for an order of forfeiture of the article or
property in accordance with the Forfeiture of
Proceeds of Crime Act, 2010. (2) A court shall make an order of forfeiture under
subsection (1) if —
(a) the law enforcement officer has given notice, by
publication in the Gazette and in a daily newspaper
of general circulation in the Republic, to the effect
that the article or property which has been seized
under this Act shall vest in the State if it is not
claimed within three months from the date of
publication of the notice; and
(b) three months after the giving of the notice under
paragraph (a), the article or property remains
unclaimed. Arrest without
warrant
Restoration of
property
Seizure of
property
Act No. 19 of
2010
166 No. 10 of 2022] Tobacco

ticle or property remains
unclaimed. Arrest without
warrant
Restoration of
property
Seizure of
property
Act No. 19 of
2010
166 No. 10 of 2022] Tobacco

(3) Where a claim is made, in writing, by any person that is
lawfully entitled to the article or property seized under this Act
that the article or property is not liable to forfeiture under this Act,
the law enforcement officer may order the release of the article or
property to the claimant if satisfied that there is no dispute
concerning the ownership of the article or property and that it is
not liable to forfeiture. (4) A law enforcement officer shall refer a claim to the court
where a claim of ownership is made in relation to the article or
property seized under this Act and the law enforcement officer
finds that—
(a) there is a dispute regarding the ownership of the
article or property;
(b) there is insufficient evidence to determine the
ownership of the article or property; or
(c) a law enforcement officer is unable to ascertain
whether the article or property is liable to forfeiture
or not. PART VIII
TOBACCO LEVY
46. The Minister may, in consultation with the Tobacco Board
of Zambia, prescribe any class of tobacco as leviable tobacco for
the purposes of this Act. 47.

e Minister may, in consultation with the Tobacco Board
of Zambia, prescribe any class of tobacco as leviable tobacco for
the purposes of this Act. 47.

Subject to the provisions of this Act, a levy shall be
imposed on all leviable tobacco grown and sold in the Republic,
at the rate prescribed by the Minister, by statutory instrument. 48. (1) Subject to subsection (3), a grower shall pay to the
Tobacco Board of Zambia the levy imposed under this Act on
leviable tobacco sold by that grower or on the grower’s behalf. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. (3) The levy imposed under this Act shall not be payable on
leviable tobacco on which the levy has already been paid on a
previous sale. Leviable
tobacco
Imposition
of levy
Payment of
levy
Tobacco [No. 10 of 2022 167

le tobacco on which the levy has already been paid on a
previous sale. Leviable
tobacco
Imposition
of levy
Payment of
levy
Tobacco [No. 10 of 2022 167

49. (1) The Minister may prescribe the –
(a) persons who shall be responsible for the provision
of data, information and returns on sales of leviable
tobacco and collection and remittance of the levy;
(b) date on which the levy is due and payable; and
(c) method and time of calculation, payment,
collection and remittance of the levy. (2) Subject to the Public Finance Management Act, 2018,
the levy collected shall be remitted to the Tobacco Board of
Zambia. (3) A person who fails to remit the levy that has been
collected commits an offence and is liable, on conviction, to a
penalty prevailing at the interbank lending rate applicable on
the unremitted amount for each day the amount remains
unremitted. PART IX
TOBACCO LEVY FUND
50. (1) There is established the Tobacco Levy Fund for
the purposes of —
(a) receiving credits from the proceeds of the tobacco
levy;
(b) promoting the development of the tobacco
industry; and
(c) paying administrative and management expenses
not exceeding five percent of the Fund.

;
(b) promoting the development of the tobacco
industry; and
(c) paying administrative and management expenses
not exceeding five percent of the Fund.

(2) The Fund consists of monies that may—
(a) be appropriated to the Tobacco Board of Zambia
by Parliament for the purpose of the Fund;
(b) vest or accrue to the Fund;
(c) subject to the approval of the Minister responsible
for finance, be paid to the Tobacco Board of
Zambia from any levy which may be imposed and
collected for the purposes of the tobacco levy. (3) Subject to the approval of the Minister, the Tobacco
Board of Zambia may—
(a) accept monies by way of grants or donations from
a source within or outside Zambia;
Establishment
of Fund
Collection
and
remittance of
levy
Act No. 1 of
2018
168 No. 10 of 2022] Tobacco

onations from
a source within or outside Zambia;
Establishment
of Fund
Collection
and
remittance of
levy
Act No. 1 of
2018
168 No. 10 of 2022] Tobacco

(b) raise by way of loans or otherwise, the monies that it
may require for the discharge of its functions; and
(c) charge and collect fees for services provided by the
Tobacco Board of Zambia. 51. (1) The Minister may, by statutory instrument, on the
recommendation of the Tobacco Board of Zambia, make
Regulations to provide for —
(a) the administration and management of the Fund;
(b) the activities that the Fund shall finance and the
manner of financing the activities; and
(c) any other matter necessary for the efficient operation,
administration and management of the Fund. (2) The Minister shall ensure that prudent controls are
established for the Fund relating to—
(a) fiscal controls and accounting procedures governing
the Fund;
(b) reporting procedures for matters relating to the Fund;
and
(c) investment of the monies of the Fund. (3) The Board shall cause to be kept proper books of accounts
and other records relating to the accounts of the Fund. (4) The Fund shall be audited annually by the Auditor-General
or an auditor appointed by the Auditor-General. (5) The Board may order any other audit in addition to the
annual audit specified under subsection (4).

r an auditor appointed by the Auditor-General. (5) The Board may order any other audit in addition to the
annual audit specified under subsection (4).

(6) The Auditor’s fees shall be paid by the Tobacco Board of
Zambia. 52. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Tobacco Board of Zambia
shall submit to the Minister a report concerning the activities
relating to the Fund during the financial year. (2) The report referred to under subsection (1) shall include
information on the financial affairs relating to the Fund and there
shall be appended to the report —
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) any other information that the Minister may require. Administration
of Fund and
accounts
Annual
report
Tobacco [No. 10 of 2022 169

xpenditure; and
(c) any other information that the Minister may require. Administration
of Fund and
accounts
Annual
report
Tobacco [No. 10 of 2022 169

(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 under subsection (2), lay the report before the
National Assembly. PART X
GENERAL PROVISIONS
53. (1) A person who is aggrieved with a decision of the
Tobacco Board of Zambia may appeal, in writing, to the Minister
within thirty days of its decision. (2) A person aggrieved with a decision of the Minister may
appeal to the High Court. 54. (1) The Tobacco Board of Zambia may, where the
Tobacco Board of Zambia considers it necessary, establish a
pool within the Republic with the approval of the Minister. (2) The Minister may, by statutory instrument, prescribe
the operation, maintenance and administration of a pool
established under subsection (1) and the manner of sale or other
medium of disposal of any tobacco accumulated in any such
pool. (3) Despite subsection (1), the Tobacco Board of Zambia
may at any time accept surplus tobacco from a grower through
other medium for sale in a manner and on terms as the Tobacco
Board of Zambia may consider necessary.

ime accept surplus tobacco from a grower through
other medium for sale in a manner and on terms as the Tobacco
Board of Zambia may consider necessary.

(4) The Tobacco Board of Zambia shall, where any surplus
tobacco is received under subsection (1), offer in the first
instance, for sale to a buyer. 55. A person commits an offence if that person —
(a) who, without lawful authority, alters, defaces or
removes—
(i) any register, index or other such official
record maintained in pursuance of this Act
or of any order, requirement, regulation or
rule made thereunder;
(ii) any entry appearing in any register, index
or other such official record;
Appeals
Establishment
of pool
General
offences
170 No. 10 of 2022] Tobacco

) any entry appearing in any register, index
or other such official record;
Appeals
Establishment
of pool
General
offences
170 No. 10 of 2022] Tobacco

(b) who, without lawful authority, alters or defaces a
certificate, licence, permit, return, record or other
document prescribed, issued, furnished or kept
pursuant to this Act;
(c) obstructs or impedes a sales supervisor or a duly
appointed person, in the exercise of any of the powers
conferred on that sales supervisor or duly appointed
person by, or under, this Act;
(d) refuses to furnish to a sales supervisor, on request,
any particulars or information to which the sales
supervisor is entitled to by, or under, this Act;
(e) wilfully or recklessly gives to a sales supervisor false
or misleading information with respect to any fact
or particular to which the sales supervisor is entitled
to by, or under, this Act; or
(f) who, being a person required under this Act to furnish
any return or information to the Minister or to the
Tobacco Board of Zambia —
(i) fails to furnish the return or information within
the time required; or
(ii) with intent to mislead, furnishes a return or
information which is false in any material
particular. 56.

information within
the time required; or
(ii) with intent to mislead, furnishes a return or
information which is false in any material
particular. 56.

A person who commits an offence under this Act for which
a penalty is not provided is liable, on conviction, to a fine not
exceeding five hundred thousand penalty units or to imprisonment
for a term not exceeding five years, or to both. 57. (1) The Minister may, by statutory instrument, make
Regulations that are necessary for the better carrying out of the
provisions of this Act. (2) Without prejudice to the generality of subsection (1), the
Regulations made under that subsection may make provision for—
(a) returns to be furnished to the Minister by growers,
buyers, licensed graders, holders of sales floor
licences, and persons who handle, prepare or process
tobacco for the purposes of sale or for export after
its sale;
(b) forms of registers to be kept by the Tobacco Board
of Zambia;
General
Penalty
Regulations
Tobacco [No. 10 of 2022 171

r for export after
its sale;
(b) forms of registers to be kept by the Tobacco Board
of Zambia;
General
Penalty
Regulations
Tobacco [No. 10 of 2022 171

(c) forms of records of certificates, licences and
permits issued this Act;
(d) periods of validity of permits issued under this
Act;
(e) the manner, form and conditions for applications
under this Act and the fees payable;
(f) the hearing and determination of appeals by the
Minister, and the fees payable on any such appeal;
(g) standards of suitability and fitness of buildings
used by licensed graders for the purposes of
grading tobacco;
(h) methods of grading to be used by licensed graders
in grading tobacco;
(i) declaring certain organic or inorganic substances
to be noxious and unfit for use in the treatment of
tobacco;
(j) prohibiting the sale or other disposal of tobacco
which has been treated with any prescribed
noxious substance, or which has been reaped from
tobacco plants treated with any prescribed noxious
substance;
(k) requiring buyers or persons who process or prepare
tobacco for sale or export to disclose information
as the Minister may require with regard to the
ownership, sale or export of any tobacco in the
possession of those buyers or other persons;
(l) the duties of licensed graders in connection with
the—
(i) methods of handling and storing tobacco
from the time tobacco is received for grading
to the time tobacco is dispatched after
grading;
(ii) grading of tobacco;
(iii) processes to be employed in conditioning
or treating tobacco;
(iv) supervision to be exercised over the
handling, grading, storing or dispatch of
tobacco; and
(v) manner in which tobacco is to be dispatched
after it has been graded;
172 No.

ised over the
handling, grading, storing or dispatch of
tobacco; and
(v) manner in which tobacco is to be dispatched
after it has been graded;
172 No.

10 of 2022] Tobacco

10 of 2022] Tobacco

(m) hygienic and other conditions of maintenance of
buildings, plant and equipment to be used by growers
or licensed graders, for or in connection with the
handling, storing, grading or dispatch of tobacco;
(n) prohibition for any period in a selling season fixed
by the Tobacco Board of Zambia the sale of tobacco;
(o) grade classification of tobacco for purposes of sale
and the marking of that classification;
(p) grading, packing, marking or identification of tobacco
for purposes of sale;
(q) a minimum rate of selling at which saleable tobacco
shall be sold on licensed sales floors;
(r) duties of holders of sales floor licences relating to
the receipt, storage and sale of saleable tobacco and
the disposal of unsold saleable tobacco;
(s) the keeping of records and the furnishing of returns,
accounts and other documents;
(t) duties of growers of saleable tobacco relating to the
removal of tobacco from licensed sales floors and
disposal of bale wrappings;
(u) terms and conditions of sale of saleable tobacco when
sold on a licensed sales floor; and
(v) liabilities of holders of sales floor licences in
connection with losses, whether caused by errors in
weighing or otherwise, and the making good of those
losses.

of holders of sales floor licences in
connection with losses, whether caused by errors in
weighing or otherwise, and the making good of those
losses.

58. (1) The Tobacco Act, 1967 and the Tobacco Levy Act,
1967 are repealed. (2) Despite subsection (1), the Second Schedule applies to
the savings and transitional arrangements. (3) Despite subsection (1), a person who immediately before
the commencement of this Act, held office as a member of the
Tobacco Board of Zambia shall hold office as a member of the
Tobacco Board of Zambia for a period of three months after which
the Minister shall appoint the members of the Board in accordance
with the provisions of this Act. Repeal of
Cap. 237
and Cap. 238
Tobacco [No. 10 of 2022 173

ster shall appoint the members of the Board in accordance
with the provisions of this Act. Repeal of
Cap. 237
and Cap. 238
Tobacco [No. 10 of 2022 173

FIRST SCHEDULE
(Sections 3(2) and 5(6))
ADMINISTRATION OF BOARD
PART I
THE BOARD OF THE TOBACCO BOARD OF ZAMBIA
1. (1) The seal of the Tobacco Board of Zambia shall be
a device that may be determined by the Board and shall be kept
by the Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or Vice-Chairperson and the Secretary 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 Tobacco Board of Zambia 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 Tobacco Board of Zambia or issued on behalf of the
Tobacco Board of Zambia 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. 2.

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. 2.

(1) A member of the Board shall, subject to the other
provisions of this Schedule, hold office for a term of three years
and may be re appointed for a further and final term of three
years. (2) On the expiration of the term for which a member is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall any extension of the
period exceed three months. (3) The office of a member becomes vacant if the member —
(a) dies;
(b) is adjudged bankrupt;
Seal of Board
Tenure of office
and vacancy of
member
174 No. 10 of 2022] Tobacco

er becomes vacant if the member —
(a) dies;
(b) is adjudged bankrupt;
Seal of Board
Tenure of office
and vacancy of
member
174 No. 10 of 2022] Tobacco

(c) is absent from three consecutive meetings of the
Board, of which the member has had notice, without
the prior approval of the Tobacco Board of Zambia;
(d) resigns by giving one month’s notice, in writing, to
the Minister;
(e) is legally disqualified from performing the functions
of a member;
(f) is convicted of an offence under this Act; or
(g) is convinced of an offence under any written law and
sentenced to imprisonment for a term exceeding six
months without the option of a fine. (4) Where there is a vacancy in the membership of the Board
before the expiry of the term of office, the Minister shall appoint
another person to replace the member who vacates office but that
person shall only hold office for the remainder of the term. 3. (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 the
Board may determine.

(2) The Board shall meet for the transaction of its business at
least once in every three months at such places and times as the
Board may determine.

(3) On giving notice of not less than fourteen days, a meeting
of the Board may be called by the Chairperson and shall be called
if not less than one third of the members so request in writing,
except that if the urgency of a particular matter does not permit
the giving of any notice, a special meeting may be called on giving
a shorter notice. (4) Five members of the Board shall constitute a quorum. (5) There shall preside at a meeting of the Board —
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-
Chairperson; or
(c) in the absence of the Chairperson and the Vice-
Chairperson, such member of the Board as the
members present may elect from among themselves
for the purpose of that meeting. Proceedings
of Board
Tobacco [No. 10 of 2022 175

of the Board as the
members present may elect from among themselves
for the purpose of that meeting. Proceedings
of Board
Tobacco [No. 10 of 2022 175

(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, in addition to a deliberative vote, a casting
vote. (7) The Board may invite any person whose presence, in
its opinion, is desirable to attend and participate in the
deliberations of a meeting of the Board, but that person shall
have no vote. (8) The Board shall cause minutes to be kept of the
proceedings of every meeting of the Board. 4. A member of the Board or any committee of the Board
thereof shall be paid allowances that may be determined by the
Emoluments Commission on recommendation by the Minister. 5.

any committee of the Board
thereof shall be paid allowances that may be determined by the
Emoluments Commission on recommendation by the Minister. 5.

(1) A person who is present at a meeting of the Board
or a committee of the Board at which any matter, is subject of
consideration and in which that person or any member of the
person’s relative or associate is directly or indirectly interested
in a private capacity shall, as soon as practicable after the
commencement of the meeting, disclose 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 this paragraph shall
be recorded in the minutes of the meeting at which the disclosure
is made. 6. An action or other proceedings shall not lie or be
instituted against a member of the Board, a committee of the
Board or a member of staff of the Tobacco Board of Zambia,
for or in respect of any act or thing done or omitted to be done
in good faith in the exercise or performance, of any of the powers,
functions or duties conferred under this Act. 7.

thing done or omitted to be done
in good faith in the exercise or performance, of any of the powers,
functions or duties conferred under this Act. 7.

(1) The Board may, for the purposes of performing its
functions, establish committees that it considers necessary and
delegate to any of those committees any of its functions or the
functions of the Tobacco Board of Zambia. (2) The Board may appoint as members of a committee
persons who are or are not members of the Board, except that at
least one member of the Board shall be a member of a committee. Allowances
Disclosure of
interest
Immunity
Committees of
Board
176 No. 10 of 2022] Tobacco

t one member of the Board shall be a member of a committee. Allowances
Disclosure of
interest
Immunity
Committees of
Board
176 No. 10 of 2022] Tobacco

(3) A person serving as a member of a committee shall hold
office for a period that the Board may determine. (4) Subject to any specific or general direction of the Board,
a committee may regulate its own procedure. 8. (1) A person shall not, without the consent in writing
given by, or on behalf of, the Tobacco Board of Zambia, publish
or disclose to any person otherwise than in the course of duties,
the contents of any documents, communication, or information,
which relates to, and which has come to that person’s knowledge
in the course of duties under this Act. (2) Any person who knowingly contravenes subsection (1),
commits an offence and is liable on conviction to a fine not
exceeding ten thousand penalty units or to imprisonment for a term
not exceeding three months, or to both. PART II
FINANCE PROVISIONS
9. (1) The Funds of the Tobacco Board of Zambia shall
consist of such monies as may —
(a) be appropriated by Parliament;
(b) be paid to the Tobacco Board of Zambia by way of
grants or donations;
(c) be derived from interest on investment made under
subparagraph (4); and
(d) vest in or accrue to the Tobacco Board of Zambia.

grants or donations;
(c) be derived from interest on investment made under
subparagraph (4); and
(d) vest in or accrue to the Tobacco Board of Zambia.

(2) The Tobacco Board of Zambia may—
(a) accept monies by way of grants or donations from
any source in Zambia and, subject to the approval of
the Minister, from any source outside Zambia;
(b) subject to the Public Finance Management Act, 2018,
raise by way of loans or otherwise, moneys that the
Tobacco Board of Zambia may require for the
discharge of the Tobacco Board of Zambia’s
functions; or
(c) in accordance with the regulations made under this
Act, charge and collect fees for services provided by
the Tobacco Board of Zambia. Prohibition
of disclosure
of
information
to
unauthorised
persons
Funds of
Tobacco
Board of
Zambia
Act No. 1 of
2018
Tobacco [No. 10 of 2022 177

ambia. Prohibition
of disclosure
of
information
to
unauthorised
persons
Funds of
Tobacco
Board of
Zambia
Act No. 1 of
2018
Tobacco [No. 10 of 2022 177

(3) There shall be paid from the funds of the Tobacco Board
of Zambia—
(a) the salaries, allowances and loans of members of
staff of the Tobacco Board of Zambia;
(b) reasonable travelling, transport and subsistence
allowances for members of the Board or members
of any committee of the Board when engaged in
the business of Tobacco Board of Zambia, at
rates that the Emoluments Commission may, on
the recommendation of the Minister, determine;
and
(c) any other expenses incurred by the Tobacco Board
of Zambia in the performance of the Tobacco
Board of Zambia’s functions. (4) Subject to the Public Finance Management Act, 2018,
the Tobacco Board of Zambia may invest, in a manner that the
Board considers appropriate, funds of the Tobacco Board of
Zambia that it does not immediately require for the performance
of the Tobacco Board of Zambia’s functions. 10. The financial year of the Tobacco Board of Zambia shall
be the period of twelve months ending on 31st December in
each year. 11. (1) The Tobacco Board of Zambia shall cause to be
kept proper books of accounts and other records relating to the
Tobacco Board of Zambia’s accounts.

(1) The Tobacco Board of Zambia shall cause to be
kept proper books of accounts and other records relating to the
Tobacco Board of Zambia’s accounts.

(2) The accounts of the Tobacco Board of Zambia shall be
audited by the Auditor-General or by auditors appointed by the
Auditor-General. (3) The auditor’s fees shall be paid by the Tobacco Board
of Zambia. 12. (1) As soon as practicable, but not later than ninety
days after the end of the financial year, the Tobacco Board of
Zambia shall submit to the Minister a report concerning its
activities during the financial year. Financial year
Accounts
Annual report
Act No. 1 of
2018
178 No. 10 of 2022] Tobacco

(2) The report referred to in subparagraph (1), shall include
information on the financial affairs of the Tobacco Board of Zambia
and there shall be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) 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 subparagraph (1), lay the report before the National
Assembly.
Tobacco [No. 10 of 2022 179

al Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.
Tobacco [No. 10 of 2022 179

SECOND SCHEDULE
(Section 58 (2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “former Tobacco Board of Zambia”
means the Tobacco Board of Zambia established under the
repealed Act. 2. (1) For the avoidance of doubt, a person who, before
the commencement of this Act, was an officer or employee of
the former Tobacco Board of Zambia, shall continue to be an
officer or employee of the Tobacco Board of Zambia as if
appointed or employed under this Act. (2) The service of the persons referred to in subparagraph
(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 former Tobacco Board
of Zambia before this Act comes into force. 3. (1) On or after this Act comes into force, there shall be
transferred to, vest in and subsist against the Tobacco Board of
Zambia by virtue of this Act and without further assurance, all
assets, rights and obligations which immediately before that
date were the assets, rights, liabilities and obligations of the
former Tobacco Board of Zambia.

rights and obligations which immediately before that
date were the assets, rights, liabilities and obligations of the
former Tobacco Board of Zambia.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to
which the former Tobacco Board of Zambia was 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 paragraph, have effect as if —
(a) the Tobacco Board of Zambia had been party to
it;
(b) for any reference to the former Tobacco Board of
Zambia there was substituted, with respect to
anything falling to be done on or after this Act
comes into force, a reference to the Tobacco Board
of Zambia; or
Interpretation
Transfer of
assets and
liabilities
Staff of former
Tobacco Board of
Zambia
180 No. 10 of 2022] Tobacco

the Tobacco Board
of Zambia; or
Interpretation
Transfer of
assets and
liabilities
Staff of former
Tobacco Board of
Zambia
180 No. 10 of 2022] Tobacco

(c) for any reference to any officer of the former Tobacco
Board of Zambia, 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 Tobacco Board of Zambia as the
Tobacco Board of Zambia shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the former Tobacco Board of Zambia are deemed to
be transferred to the Tobacco Board of Zambia in respect of which
transfer a written law provides for registration, the Tobacco Board
of Zambia shall make an application in writing to the appropriate
registration authority for registration of the transfer. (4) The registration authority referred to in subparagraph (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.

he deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.

(5) A certificate, licence, permit or authorisation granted in
accordance with the repealed Act, whether to a company or an
individual, shall be deemed, until expiry, revocation or cancellation
of that certificate, licence, permit or authorisation, as provided in
the repealed Act, to be a certificate, licence, permit or authorisation
granted in accordance with this Act, but subject to any rights or
benefits accruing, or any liabilities suffered, under the repealed
Act, but without the right of renewal. 4. (1) Any legal proceedings or applications of the former
Tobacco Board of Zambia pending immediately before this Act
comes into force by or against the former Tobacco Board of Zambia
may be continued by or against the Tobacco Board of Zambia. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Tobacco Board
of Zambia, may be instituted by or against the Tobacco Board of
Zambia. Legal
proceedings
Tobacco [No. 10 of 2022 181

182