Trade Measures and Regulations

Meat can only be exported from high-capacity, registered facilities. Owners must register their abattoirs or plants as export establishments. The meat must be marked as required by the importing country, and the container used for export must be sealed with a unique number at the time of loading.

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.

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.

Decisions or documents from the customs authority can be delivered by hand, registered post, telefax, or electronically. Exporters must keep records for five years, and failure to do so or pay levies can result in fines, interest, and penalties.

For goods imported into Namibia by post, the completed form or label with necessary duty particulars serves as the entry declaration required by law. Goods not meeting these requirements, or exempted by the Permanent Secretary, must be processed through a customs office, with any discrepancies leading to potential forfeiture.

A grower or miller who is not bound by certain agreements or determinations under specific sections of the law may sell their sugar cane or sugar, either for manufacture or consumption, within the Union or elsewhere. However, during the validity of such agreements or determinations, these millers must:

1. Export Requirement: Within six months after each year, export a proportionate quantity of sugar based on the total sugar they manufactured that year, in line with what millers with assigned quotas have exported.

2. Supply for Rebate: Sell or provide the board with a proportionate quantity of sugar at a rebate price, similar to what millers with quotas offer to manufacturers entitled to a rebate. This sugar must meet the grade required by the manufacturers.

The board must inform millers about estimates related to the quantities of sugar that will be exported, sold at a rebate, or manufactured by those with assigned quotas. The total quantities from the final estimate will be considered the official quantities for these purposes. 

Finally, millers are not exempt from their obligations even if they are unable to acquire the necessary sugar by purchase.

The passage outlines regulations requiring licences or permits for harvesting, transporting, selling, marketing, exporting, and importing forest produce. General dealers are exempt from needing a marketing licence but must prove legal procurement. Exporting unprocessed forest produce is restricted unless authorized for special purposes. A true copy of the relevant licence must accompany forest produce during transport. Importing forest produce requires an import permit and proof of export from the origin country. Farming or trading honey-producing organisms also requires authorization, and honey harvesting is restricted from September to December unless the organisms are fed.

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.

The Minister, after consulting with the board, can announce rules in the Gazette to ban or limit the import or export of certain controlled products. These rules may include conditions, such as requiring a permit from the board, with an option to appeal to the Minister.