Trade Measures and Regulations

A person cannot manufacture, sell, or otherwise manage infant food or dairy products that are unsafe for infants, and the Minister must create policies to support breastfeeding in line with international standards.

No one is allowed to conduct retail business or move goods from an export processing zone without written permission from the Minister, in consultation with the Minister of Finance.

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.

Importing seeds into Namibia is regulated with strict conditions. A person may not import seeds unless they meet specific criteria, such as being of a registered variety, complying with prescribed standards, being properly sealed and labeled, and entering through a designated port. Importation of seeds under different denominations, or of certain prohibited classes, is also restricted.

However, the Registrar may allow exceptions in writing under specific conditions. The Minister may designate certain seeds that require a special permit for importation. Importers must provide the Registrar with details about the seed consignment and cannot remove the seeds from the port without authorization.

Imported seeds may need to be presented for examination and sampling as directed by the Registrar. These regulations do not apply to seeds intended for non-cultivation purposes or immediate export, but a declaration must still be provided to the Registrar.

If seeds are imported in violation of these regulations, the Registrar can order their destruction or removal at the importer's expense, or permit their disposal under certain conditions. Violations can result in fines up to N$10,000, imprisonment for up to 12 months, or both.

No person may export minerals from Namibia without written permission from the Commissioner, unless they hold a relevant licence or are exempted by law. Failure to comply with this requirement can result in a fine of up to R20,000 or imprisonment for up to two years.

A person may not engage in the following activities concerning medicines or scheduled substances without the appropriate licenses and permits:

1. Manufacture or Pack and Sell:
   - Cannot manufacture or pack and sell medicines or scheduled substances unless holding the relevant license and complying with specified conditions.

2. Import or Export:
   - Cannot import or export these substances without the necessary license and compliance with Council-determined conditions.

3. Scheduled Substances (Schedule 3 or 4):
   - Additional permits are required for manufacturing, packing, selling, importing, or exporting these substances, alongside the necessary licenses.

4. Sale Restrictions:
   - Manufacturers, importers, or wholesale dealers cannot sell medicines or substances to unauthorized persons. However, authorized prescribers and pharmacists may sell them for consumption, subject to other provisions.