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tradeportal@mirco.gov.na

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Republic of Namibia

Ministry of International Relations & Trade

Namibia Trade Information Portal

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Key Sectors

Commodity

3406 Candles, tapers and the like

Measures Applicable to the Commodity

1. Prohibition of sale, manufacture or importation of certain articles
Type Class Valid From Valid To
Prohibited Goods Goods 27/08/1979

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.

2. False description of articles
Type Class Valid From Valid To
Restriction Goods 30/12/1988

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.

3. Special defences
Type Class Valid From Valid To
General Goods 30/12/1988

A person can avoid conviction for offenses related to foodstuffs, cosmetics, or disinfectants if they:

1. Prove Lack of Knowledge:
   - They believed or had reason to believe the product was not intended for human consumption or use.

2. Provide a Warranty:
   - They acquired or imported the product with a written warranty and had no reason to suspect it was prohibited.
   - They sold the product in the same condition it was acquired, without knowing or suspecting any issues.

3. Show Due Diligence:
   - They did not manufacture, import, pack, or treat the product and had no knowledge of any prohibited substances or contamination, having taken reasonable precautions to prevent such issues.

4. Liability of importer, manufacturer or packer
Type Class Valid From Valid To
Restriction Goods 30/12/1988

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.

Standards Applicable to the Commodity

Tariffs Applicable to the Commodity