Trade Measures and Regulations

If the Council believes it is not in the public's interest for a medicine or scheduled substance to be available, it can:

1. Issue a Notice:
   - Direct a person via written notice or through the Gazette to:
     - Return the medicine or substance in their possession to the manufacturer, supplier, or importer.
     - Deliver or send the medicine to another person designated by the Council.

2. Direct Manufacturers, Suppliers, or Importers:
   - Instruct them, via written notice, to manage any quantity of the specified medicine or substance, including those returned in response to previous directions.

If a prescribed animal is temporarily removed from Namibia, it is considered imported when brought back and must keep its imported status. Owners of imported animals must ensure the animal is identified with an approved device within seven (7) days or before it leaves its initial location. The Chief Veterinary Officer can grant exemptions under certain conditions, such as when the animal is destined for immediate slaughter or will leave Namibia within 14 days.

Anyone who imports a prescribed animal into Namibia must maintain a detailed register of the animal at its location. This register must be updated within seven days of the animal's arrival, kept accurate and legible, available for inspection, and preserved for at least 10 years.

When an inspector takes a sample for analysis of any foodstuff, cosmetic, or disinfectant at an import harbor:

1. Detention: The sample and all similar items in the consignment are generally detained at the harbor until the analysis is complete.

2. Removal: With the Director's approval, the items may be removed if the owner provides a guarantee that they will not be sold or otherwise dealt with until the analysis is complete. If the items are deemed non-compliant, they must be returned or disposed of as directed by the Director.

3. Director’s Actions: Based on the analysis results, the Director can:
   - Confiscate and destroy the items.
   - Return them to the import harbor or their place of origin.
   - Allow importation under specific conditions.
   - Dispose of them in another manner as specified.

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.