BWA- TE - FEED IMPORT
ANIMAL PRODUCTION
Botswana / Animal production
FEED SAFETY AND QUALITY
FEED IMPORT
questions
1 answer
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Section 28 (extract):
(1) No person shall import, export, distribute or sell medicines except in accordance with a licence issued for the import, export, distribution or sale of medicines in terms of this Act.
(2) A person who wishes to import, export, distribute or sell medicines shall apply to the Authority, in the prescribed form accompanied by such fee as may be prescribed and such information as the Authority may require.
Section 31:
Where the Minister responsible for trade has, in terms of the Cap. 68:03 Industrial Property Act, authorised the exploitation of a patent medicine, the Authority may grant an applicant who satisfies all other requirements for the registration and importation of medicine under this Act, a licence to import that medicine.
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Regulation 26:
(1) A person shall apply to the Authority for a permit to import medicines, medical products or cosmetics other than narcotics, psychotropics and precursor chemicals in Form 10 set out in Schedule 4 and accompanied by a fee set out in Schedule 5.
(2) An application for an import permit shall be accompanied by authorisation from a market authorisation holder to import medicines to Botswana in line with the guidelines.
(3) Subject to subsection (1), the Authority shall issue an import permit in Form 11 set out in Schedule 4 and in line with he guidelines.
(4) Upon assessment the Authority may authorise an entity not licensed as a wholesaler to import medicinces, medicinal products or cosmetics upon payment of a feee set out in Schedule 5.
(5) Subject to subregulation (1), a person may apply for permit to import medicines, medical products or cosmetics that have been exempted from registartion in line with the guidelines.
(6) All purchasing orders shall be vetted and authorised by the Authority.
(7) A person authorised to import medicine shall pay a fee set out in Schedule 5 for each consginment in line with the guidelines.
(8) A wholesaler shall notify the Authority and submit an acknowledgement in line with the guidelines, upon receipt of the medicine.
Section 28 (extract):
(2) A person who wishes to import, export, distribute or sell medicines shall apply to the Authority, in the prescribed form accompanied by such fee as may be prescribed and such information as the Authority may require.
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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
(a) implement port health programmes and ensure compliance with public health laws;
[...]
(d) monitor the quality of chemicals, safety of food and water including imported food and water and their certification documents;
[...]
(2) The Director may, in writing, issue specific instructions, to port health officers, related to public health issues at the point of entry.
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 106(extract):
(1) The Commissioner General may at any time for the safe guarding of public health or for the safety of the public, and at the expense and risk of the importer, exporter, owner or pilot concerned, as the Commissioner General may determine —
(a) cause any goods under excise control forthwith to be destroyed or otherwise disposed of; or
(b) delay the departure of any vehicle from any place in Botswana for a period not exceeding 48 hours.
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 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.
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Section 40 (extract):
(36) Any person from whom such goods were seized shall be liable for any reasonable costs and expenses incurred by and charges due to the Commissioner General, in respect of the handling of and dealing with such goods as contemplated in subsection (35).
Section 106(extract):
(1) The Commissioner General may at any time for the safe guarding of public health or for the safety of the public, and at the expense and risk of the importer, exporter, owner or pilot concerned, as the Commissioner General may determine —
(a) cause any goods under excise control forthwith to be destroyed or otherwise disposed of; or
(b) delay the departure of any vehicle from any place in Botswana for a period not exceeding 48 hours.