BWA- ΨC – IMPORT
FOOD SAFETY
Botswana / Food safety
DISTRIBUTION
IMPORT
questions
3 answers
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Section 62 (extract):
(1) No person shall, except under and in accordance with the terms and conditions of a permit granted to him by the Director under subsection (3), export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs thereof.
Regulation 3:
(1) A person shall not import any commodity prescribed under Schedule I unless the person has applied for and has been issued with a compliance certificate in respect of that commodity.
Regulation 4:
Subject to the provisions of regulation 10, no person shall import into Botswana any goods specified in Schedule 1 to these Regulations except under and in accordance with an import permit issued under these Regulations.
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Regulation 6:
A person shall not be entitled to apply for an import permit under these Regulations unless he is a holder of a valid trading licence and-
(a) he is a citizen of Botswana and is not a minor;
(b) he holds a resident permit authorizing him to carry on business in Botswana; or
(c) it is a company or firm registered and carrying on business in Botswana.
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Regulation 5:
(1) An application for an import permit shall be made to the Controller in the form i1 as may be specified by the Controller.
(2) Every application shall be accompanied by such documents or information as the Controller may consider necessary to specify.
Regulation 6:
A person shall not be entitled to apply for an import permit under these Regulations unless he is a holder of a valid trading licence and-
(a) he is a citizen of Botswana and is not a minor;
(b) he holds a resident permit authorizing him to carry on business in Botswana; or
(c) it is a company or firm registered and carrying on business in Botswana.
Regulation 7:
On receipt of an application made under Regulation 5, the Controller shall, upon payment of such fee as he may specify by notice published in the Gazette issue, subject to such conditions as he may impose or as may be attached thereto, an import permit to the applicant.
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Regulation 7:
On receipt of an application made under regulation 5, the Controller shall, upon payment of such fee as he may specify by notice published in the Gazette issue, subject to such conditions as he may impose or as may be attached thereto, an import permit to the applicant.
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Section 12:
A customs officer may carry out an inspection of goods, means of transport and persons for the purposes of application and enforcement of this Act with respect to the goods.
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Section 133 (extract):
(1) Port health officers shall, at points of entry
[…]
(d) monitor the quality of chemicals, safety of food and water including imported food and water and their certification documents;
Section 134 (extract):
(1) The Director or a port health officer may, at any reasonable time, for proper performance of his or her duties and functions, enter any point of entry to make any inspection, or to perform any work, or do anything which is required or authorised by this Act or any other law.
Section 35 (extract):
(1) Goods shall be prohibited where their import or export is
against —
[...]
(d) public health;
[...]
(g) the protection of consumers;
(2) Goods shall be restricted where their import or export is conditional upon compliance with specific conditions or formalities restricting the import or export of the goods, other than the obligation to present the goods to Revenue Service and lodge a customs declaration.
(3) Except as otherwise provided for in this Act, goods that are prohibited shall not be cleared for any customs procedure.
Section 38:
(1) Any foreign product, whether natural or manufactured, shall not be imported into or transit Botswana if it bears either on itself or on packing, cases, packages, envelopes, bands or labels, a mark of manufacture or trade, a name, a sign or any indication likely to make the ultimate purchaser believe —
(a) that they have been manufactured in Botswana; or
(b) that they originate from Botswana.
(2) Any foreign product, whether natural or manufactured, acquired in a place with the same name as a place in Botswana, shall bear —
(a) the name of the country of origin or manufacture, along with the name of such place; and
(b) the word “Imported” in visible characters.
(3) Any foreign product that does not meet the requirements specified in subsections(1) and (2)shall be prohibited from importation, exportation, entry into a customs warehouse, transit and free circulation within Botswana.
Section 39:
Any foreign product, whether natural or manufactured, shall comply with obligations imposed by this Act regarding labelling of the product, and any such goods that do not comply shall be prohibited from importation, exportation, entry into a customs warehouse, transit, and free circulation within Botswana.
Section 271 (extract):
The Commissioner General shall dispose of goods —
[...]
(c) that are prohibited;
(d) that have been forfeited by Revenue Service;
[...]
(f) that are perishable or hazardous;
(2) The Revenue Service may take measures to dispose of goods under this section by public auction or by any other measures as it may determine.
Regulation 10 (extract):
(2) The Bureau may direct that any commodity which does not meet the relevant prescribed standards referred to under subregulation (1), be re-exported to the country of origin or retained and disposed of within Botswana.
(3) The applicant shall, in disposing of a commodity in terms of subregulation (2), take measures that guard against the disposal having a negative impact on the environment, and shall carry out such disposal under the supervision of the Bureau or authority responsible for the protection of the environment.
(4) The cost of re-exportation or disposal in terms of this regulation, shall be borne by the importer.
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Section 375 (extract):
(2) The Revenue Service shall detain, seize or forfeit goods if the import, possession or export of the goods is not authorised in terms of this Act or any other Act.
[...]
(4) A person who imports, possess or exports goods in contravention of this section commits an offence and shall be liable to a fine not exceeding P 100 000 or to imprisonment for a term not exceeding two years, or to both.
Section 385:
(1) Any person who contravenes a provision of this Act, where no specific penalty is provided, shall be liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding six months or to treble the value of the goods in respect of such offence, whichever is greater, and the goods and the container in respect of which the offence is committed shall be liable to forfeiture.
(2) Any person who impersonates a customs officer commits an offence and shall be liable to a fine not exceeding P 1 000 000 or to imprisonment for a term not exceeding five years, or to both.
(3) Any person who aids or abets a person charged with a customs offence, commits an offence and shall be liable to a fine not exceeding P 5 000 000 or to imprisonment for a term not exceeding two years, or to both.
(4) Any person who offers or promises to offer an incentive to a customs officer for purposes of influencing the actions of the customs officer commits an offence and shall be liable to a fine not exceeding P 1 000 000 or to imprisonment for a term not exceeding 10 years, or to both.
Regulation 12:
(1) Any person who contravenes or fails to comply with the provisions of these Regulations shall be guilty of an offence.
(2) Any person who is convicted of an offence under these Regulations shall be liable-
(a) for a first offence, to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both; and
(b) for a second or subsequent offence, to a fine not exceeding P400 or to imprisonment for a term not exceeding 12 months, or to both.