Trade Measures and Regulations

To combat illicit trade in tobacco products, the regulation stipulates that no person may sell or import tobacco products unless the packaging includes specific information. This information must state "Sales only allowed in Namibia" and "Manufactured in 'name of country'," displayed in Helvetica upper-case letters in black on a white background, covering at least 60% of either side panel of the package. The products must also comply with additional regulations. For tobacco products in transit through Namibia, the packaging must include details about the shipment route, destination, final selling point, point of departure, consignee, and a batch or serial number. Additionally, a consignment note or similar document containing this information must accompany the products.

The ordinance prohibits the sale, manufacture, or importation of certain foodstuffs, cosmetics, and disinfectants that do not meet specified safety and quality standards. Offenses include selling items containing prohibited substances, failing to comply with prescribed composition and purity standards, or offering contaminated products. The sale of any foodstuff that has been altered to deceive consumers regarding its quality or nutritional value is also prohibited. Exceptions exist for substances necessary for safe manufacturing that do not mislead consumers.

False advertising and misleading descriptions related to these products are offenses under the ordinance, but generic geographical names can be used if they accurately represent the product. Special defenses allow individuals to prove they believed their products were not intended for human consumption or that they acquired them under warranty. Liability is placed on the importer, manufacturer, or packer for non-compliance unless they can demonstrate otherwise.

Imported products may be detained for analysis, and if found non-compliant, they may be confiscated or returned. The ordinance can also be applied to imported articles intended for other jurisdictions, with the Executive Committee able to adjust regulations as necessary.

Every individual or entity that imports, exports, produces, or manufactures medicines containing Schedule 4 or specified Schedule 3 substances must submit an annual return to the Registrar by February 28. This return must include: (a) the quantity of the substance held in stock as of December 31 of the previous year; (b) the quantity acquired during the previous year through importation, production, or manufacture of raw materials or preparations; and (c) the quantity disposed of during that year.

The Director-General can grant type approval for consumer products if they are unlikely to pose a significant risk of exposure to ionizing radiation. Approved products fall into categories where possession, import, or use does not require further authorization if they don't significantly increase radiation exposure.

Anyone importing a radiation source without radioactive material must notify customs, which will authorize the import and notify the Director-General. This authorization is valid for one month and does not cover further use or possession. Importers must ensure products have clear labels indicating the presence of radioactive material and provide usage instructions.

Additionally, containers of radioactive materials from recognized foreign suppliers are deemed compliant if they meet their home country's regulations. Importers of sealed sources with high activity levels must have a contractual agreement for the return of the source after its useful life and submit this agreement to the relevant authority. They must return the source within 15 years or manage its disposal at their own cost.

Any person wishing to apply for import permits for specific Schedule 3 or Schedule 4 substances must submit their application to the Permanent Secretary using the specified form. The Permanent Secretary may deny the permit if they believe the applicant cannot adequately store the substances, if the annual import quota has been met or exceeded, or if a suitable quality of the substance is already available in Namibia. Permits for importing these substances can only be granted after consulting with the Council and must adhere to specific conditions outlined in the regulations, ensuring that no deviations occur from the permit details during importation.

The regulator must collect a minimum of six samples annually of each kind of hand sanitizer imported into Namibia from a depot of an importer in Namibia; or manufactured in a manufacturing facility in Namibia, and test the samples to confirm continuous compliance with these regulations.

Forest Regulation: Forest Act No. 12 of 2001