Commodity

Under the law, it is an offense to:

1. Sell, Manufacture, or Import:
   - Foodstuffs, cosmetics, or disinfectants with prohibited substances, or those containing higher levels of substances than permitted.
   - Products that do not meet prescribed standards or are prohibited by regulations.
   - Contaminated, impure, decayed, or harmful products.

2. Treat or Alter Products:
   - Using prohibited substances or methods that make the product harmful to health.

Exceptions:
- The provisions do not apply if a foodstuff contains a non-harmful substance necessary for its proper condition, or if the substance is within regulated limits and not intended to deceive.

- "Manufactures" includes altering products in ways that make them prohibited by this law.

In Namibia, importing plant material, pests, soil, or other specified items requires a permit and must be done through designated entry points with proper documentation. Failure to follow these rules can result in a fine of up to N$20,000 or imprisonment for up to 2 years.

When importing regulated articles, you must present them for inspection by a plant quarantine officer as soon as possible after arrival or at a directed time and place. You cannot move the article until the officer gives written consent, and failure to comply can result in a fine up to N$20,000 or imprisonment for up to 2 years.

If a plant quarantine officer finds that an imported regulated article violates Namibian regulations or poses a pest risk, they can direct the importer to treat, remove, or destroy it. In urgent cases, the officer may skip the notice and directly handle the destruction, with costs borne by the importer and no liability for the State or officers.

An importer or responsible person must ensure that regulated articles in transit through Namibia are not removed or transferred without the approval of a plant quarantine officer and that all related requirements are met. Violating these rules can result in a fine up to N$20,000 or imprisonment for up to 2 years, or both.

The Minister may create regulations on various aspects related to permits, fees, and the inspection and treatment of imported plant materials to prevent pests in Namibia. These regulations can cover procedures for quarantine, storage, and export, as well as the management of quarantine stations and exemptions for research. The regulations may vary in application, authorize specific approvals, and include penalties for non-compliance.

It is an offense to sell or import for sale foodstuffs, cosmetics, or disinfectants described in a misleading or prohibited manner. However, using a geographical name to describe a foodstuff is allowed if it is a generally accepted term for that type or variety of product, and the product matches that description.

If a foodstuff, cosmetic, or disinfectant in a sealed package does not comply with the Ordinance, the person identified on the label as the importer, manufacturer, or packer is presumed responsible. They can be convicted unless they prove:

1. They did not import, manufacture, or pack the article.
2. The non-compliance occurred due to decay or changes beyond their control after the article left their possession.

However, this presumption does not absolve them from liability for selling the non-compliant article.