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Measure

Prohibition of sale, manufacture or importation of certain articles

Type Class Valid From Valid To
Prohibited Goods Goods 27/08/1979
Summary:

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.
Description:

2. (1) Subject to the provisions of subsection (2) and section 6, any person shall be guilty of an offence -

(a) if he sells, or manufactures or imports for sale, any foodstuff, cosmetic or disinfectant 

(i) which contains or has been treated with a prohibited substance; or

(ii) which contains a particular substance in a greater measure than that permitted by regulation or has been treated with a substance containing a particular substance in a greater measure than that permitted by regulation. or

(iii) which does not comply with any standard of composition, strength, purity or quality prescribed by regulation for or in respect of such foodstuff, cosmetic or disinfectant, or any standard so prescribed for or in respect of any other attribute thereof; or

(iv) the sale of which is prohibited by regulation; or

(b) if he sells, or manufactures or imports for sale, any foodstuff or cosmetic

(i) which is contaminated, impure or decayed, or harmful or injurious to human health or deemed to be such in terms of any regulation; or

(ii) which contains or has been treated with a contaminated, impure or decayed substance, or a substance which is harmful or injurious to human health or deemed to be such in terms of any regulation; or

c ) if he sells, or manufactures or imports for sale, any foodstuff

(i) which contains or has been treated with a substance does not present in such foodstuff when it is in a normal, pure and sound condition; or

(ii) to which any substance has been added so as to increase the mass or volume of such foodstuff with the object to deceive; or

(iii) from which any substance or ingredient has been abstracted, removed or omitted with the result that its nutritive value or other properties, in comparison with those of such foodstuff in a normal, pure and sound condition, are diminished or otherwise detrimentally affected; or

(iv) which has been treated in such manner that its damaged or unsound condition or inferior quality is concealed whether entirely or partly; or

(d) if he treats any foodstuff, cosmetic or disinfectant with a prohibited substance or in any other manner, or interferes therewith, so that the said foodstuff, cosmetic or disinfectant is affected in any manner that is likely to be injurious to the health of any person who eats or drinks such foodstuff, or who uses or comes into contact with such cosmetic or disinfectant.

(2) The provisions of subsection (1)(c) shall not apply with reference to the sale, manufacture or importation of a foodstuff 

(a) which contains, or has been treated with, a substance which is not harmful or injurious to human health and the addition or presence of which is necessary for the manufacture of such foodstuff as an article of commerce in a fit condition or form to be packed, stored, conveyed, used or consumed, and is not intended to deceive or mislead any buyer by increasing the mass or volume or concealing or lowering the quality of such foodstuff; or

(b) which contains, but in no greater measure than that permitted by regulation (if any), a foreign substance which is unavoidably present in such foodstuff as a result of the process of its collection or manufacture; or

(c) from which a substance has been abstracted or removed, if such abstraction or removal is necessary for the manufacture of such foodstuff as an article of commerce in a fit condition or form to be packed, stored, conveyed, used or consumed, or has been affected in accordance with the provisions of the regulations. Republic of Namibia 6 Annotated Statutes Foodstuffs, Cosmetics and Disinfectants Ordinance 18 of 1979

(3) For the purposes of subsection (1), “manufactures” includes to treat any foodstuff, cosmetic or disinfectant in a manner which, or with a substance the presence of which, renders such foodstuff, cosmetic or disinfectant a prohibited article in terms of that subsection, and to add any substance to, or abstract, remove or omit any substance or ingredient from, any foodstuff, cosmetic or disinfectant with the result that such foodstuff, cosmetic or disinfectant becomes a prohibited article in terms of that subsection.

Commodities Affected by the Measure

# HS Code Description
1 1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
2 1508 Ground-nut oil and its fractions, whether or not refined, but not chemically modified
3 1509 Olive oil and its fractions, whether or not refined, but not chemically modified
4 1510 Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 15.09
5 1511 Palm oil and its fractions, whether or not refined, but not chemically modified
6 1512 Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified
7 1513 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified
8 1514 Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified
9 1515 Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified
10 01-20 Foodstuffs
11 3302 Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:
12 38.08 Disinfectants
13 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
14 0902 Tea, whether or not flavoured
15 0904 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta
16 0905 Vanilla
17 0906 Cinnamon and cinnamon-tree flowers
18 0907 Cloves (whole fruit, cloves and stems)
19 0908 Nutmeg, mace and cardamoms
20 0909 Seeds of anise, badian, fennel, coriander, cumin, or caraway; juniper berries
21 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
22 2009 Fruit or nut juices (including grape must and coconut water) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
23 1901 Malt, extract, food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 per cent by mass of cocoa calculated on a totally defatted basis, not elsewhere specified or included;food preparation of goods of headings 04.01 to 04.04, not containing less than per by mass of cocoa calculated on a defatted basis, not elsewhere specified or included
24 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
25 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms
26 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products(for example or corn flakes); cereals(excluding maize(corn)) in grain form or in the form of flakes or other worked grains(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included
27 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical
28 3301 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils:
29 3303 Perfumes and toilet waters:
30 3304 Beauty or make-up preparations and preparations for the care of the skin (excluding medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations:
31 3305 Preparations for use on the hair:
32 3306 Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages:
33 3307 Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorisers, whether or not perfumed or having disinfectant properties:
34 3401 Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent:
35 3402 Organic surface-active agents (excluding soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap (excluding those of heading 34.01):
36 3403 Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 per cent or more by mass of petroleum oils or of oils obtained from bituminous minerals:
37 3404 Artificial waxes and prepared waxes:
38 3405 Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, nonwovens, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations), (excluding waxes of heading 34.04):
39 3406 Candles, tapers and the like
40 3407 Modelling pastes, including those put up for children's amusement; preparations known as "dental wax" or as "dental impression compounds", put up in sets, in packings for retail sale or in plates, horseshoe shapes, sticks or similar forms; other preparations for use in dentistry, with a basis of plaster (of calcined gypsum or calcium sulphate)
41 2105 Ice cream and other edible ice, whether or not containing cocoa
42 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
43 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 30.02); prepared baking powders:
44 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:
45 2104 Soups and broths and preparations therefor; homogenised composite food preparations:
46 2106 Food preparations not elsewhere specified or included:

Procedures Implementing the Measure

1 Procedure of Application of Ordinance to articles imported in transit
Activity Outcome Valid For Single Use
Transit No
2 Importation of foodstuff, cosmetics and disinfectants
Activity Outcome Valid For Single Use
Import No

Legal Documents Related to the Measure

Name Type Category
Foodstuffs, Cosmetics and Disinfectants Ordinance 18 of 1979 Act Import/Export