This Act was repealed on 2020-03-06 by Food Safety Act, 2019.
Zambia
Food and Drugs Act, 1972
Chapter 303
- Commenced on 1 December 1972
- [This is the version of this document at 31 December 1996.]
- [Repealed by Food Safety Act, 2019 (Act 7 of 2019) on 6 March 2020]
Part I – Preliminary
1. Short title
This Act may be cited as the Food and Drugs Act.2. Interpretation
In this Act, unless the context otherwise requires—"advertisement" includes any representation by any means whatsoever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device;"article" includes—(a)any food, drug, cosmetic or device and any labelling or advertising materials in respect thereof; or(b)anything used for the preparation, preservation, packing or storing of any food, drug, cosmetic or device;"authorised officer" means a Medical Officer of Health, a Health Inspector, or any suitably qualified person authorised in writing by the Minister or by a local authority with the approval of the Minister for the purposes of this Act, and—(a)for the purpose of taking of samples under sections twenty-four and twenty-six and sending them to a public analyst, and for receiving reports thereof under section twenty-five, includes a police officer of or above the rank of Assistant Inspector and an officer of the Department of Customs and Excise authorised in that behalf by the Controller of Customs and Excise;(b)for the purpose of exercising control in respect of drugs, cosmetics or devices, includes an inspector as defined in the Dangerous Drugs Act; and[Cap. 302](c)for the purpose of any proceedings under section thirty, includes the principal officer as defined in the Local Government Act;[Cap. 281]"Board" means the Food and Drugs Board established by section twenty-two;"cosmetic" includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair, eyes, teeth or nails, and includes deodorants and perfumes;"device" means any instrument, apparatus or contrivance, including components, parts and accessories thereof, manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in man or animal;"drug" includes—(a)any substance included in any publication mentioned in the Schedule; and(b)any substance or mixture of substances prepared, sold or represented for use in—(i)the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in man or animal; or(ii)restoring, correcting or modifying organic functions in man or animal;"food" includes any article manufactured, sold or represented for use as food or drink for human consumption, chewing gum, and any ingredient of such food, drink or chewing gum;"Health Inspector" has the meaning assigned to it in the Public Health Act;[Cap. 295]"insanitary conditions" means such conditions or circumstances as might cause contamination of a food, a drug or a cosmetic with dirt or filth or might render the same injurious or dangerous to health;"label" includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to or included in, belonging to, or accompanying any food, drug, cosmetic or device;"local authority" means—(a)a municipal council; or(b)a township council; or(c)a rural council; or"Medical Officer of Health" has the meaning assigned to it in the Public Health Act;[Cap. 295]"municipal council", "District Council" and "township council" have the meanings assigned respectively thereto in section two of the Local Government Act;[Cap. 281]"package" includes anything in which any food, drug, cosmetic or device is wholly or partly placed or packed, and includes any basket, pail, tray or receptacle of any kind, whether open or closed;"premises" includes—(a)any building or tent or other structures, permanent or otherwise, together with the land on which the same is situated and any adjoining land used in connection therewith, and includes any vehicle, conveyance or vessel; and(b)for the purpose of section twenty-four, a reference to premises shall be deemed to include reference to any street, open space or place of public resort, bicycle or other vehicle used for the preparation, preservation, packaging, storage or conveyance of any article;"preparation" includes manufacture and any form of treatment, and "prepare" shall be construed accordingly;"public analyst" means a person appointed by the Minister, or by a local authority with the approval of the Minister, to act as an analyst for the purposes of this Act;"sell" includes offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, dispose of for any consideration whatsoever, or transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid;"ship" includes any boat or craft;"subordinate court" means a subordinate court constituted under the Subordinate Courts Act;[Cap. 28]"substance" includes liquid and gas.Part II – General provisions
A. Food
3. Prohibition against sale of poisonous, unwholesome or adultered food
Any person who sells any food that—4. Deception
Any person who labels, packages, treats, processes, sells or advertises any food in a manner that is false, misleading or deceptive as regards its character, nature, value, substance, quality, composition, merit or safety, or in contravention of any regulations made under this Act, shall be guilty of an offence.5. Standards of foods
Where a standard has been prescribed for any food, any person who labels, packages, sells or advertises any food which does not comply with that standard, in such a manner that it is likely to be mistaken for food of the prescribed standard, shall be guilty of an offence.6. Prohibition against sale of food not of the nature, substance or quality demanded
Any person who sells to the prejudice of the purchaser any food which is not of the nature, or is not of the substance, or is not of the quality, of the article demanded by the purchaser, shall be guilty of an offence.7. Sale and preparation of food under insanitary conditions
Any person who sells, prepares, packages or stores for sale any food under insanitary conditions shall be guilty of an offence.B. Drugs
8. Prohibited sale of drugs
Any person who sells any drug that—9. Deception
Any person who labels, packages, treats, processes, sells or advertises any drug in a manner that is false, misleading or deceptive as regards its character, constitution, value, potency, quality, composition, merit or safety, or in contravention of any regulations made under this Act, shall be guilty of an offence.10. Standards of drugs
11. Prohibition against sale of drugs not of the nature, substance or quality demanded
Any person who sells to the prejudice of the purchaser any drug which is not of the nature, or is not of the substance, or is not of the quality, of the article demanded by the purchaser, shall be guilty of an offence.12. Sale and preparation of drugs under insanitary conditions
Any person who sells, prepares, packages or stores for sale any drug under insanitary conditions shall be guilty of an offence.C. Cosmetics
13. Prohibited sale of cosmetics
Any person who sells any cosmetic that—14. Standards of cosmetics
Where a standard has been prescribed for a cosmetic, any person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for a cosmetic of the prescribed standard shall be guilty of an offence unless the article complies with the prescribed standard.15. Sale and preparation of cosmetics under insanitary conditions
Any person who sells, prepares, packages or stores for sale any cosmetic under insanitary conditions shall be guilty of an offence.D. Devices
16. Prohibited sale of devices
Any person who sells any device that, when used according to directions on the label or contained in a separate document delivered with the device or under such conditions as are customary or usual, may cause injury to the health of the purchaser or user thereof shall be guilty of an offence.17. Deception
Any person who labels, packages, treats, processes, sells or advertises any device in a manner that is false, misleading or deceptive as regards its character, value, composition, merit or safety, or in contravention of any regulations made under this Act, shall be guilty of an offence.18. Standards of devices
Where a standard has been prescribed for a device, any person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for that device shall be guilty of an offence unless the article complies with the prescribed standard.19. Sale and preparation of devices under insanitary conditions
Any person who sells, prepares, packages, or stores for sale any device under insanitary conditions shall be guilty of an offence.Part III – Importation and warranty
20. Importation
21. Warranty
Part IV – Administration and enforcement
22. Food and Drugs Board
23. Regulations
24. Powers of authorised officers
25. Appointment and duties of public analyst
26. Power of Director of Medical Services
The Director of Medical Services may, in relation to any matter appearing to him to affect the general interests of the consumer, direct a public officer to procure for analysis samples of any food, drug, device and cosmetic, and thereupon that officer shall have all the powers of an authorised officer under this Act, and this Act shall apply as if the officer were an authorised officer.27. Duty of local authority to enforce Act
28. Power of Minister to obtain particulars of certain food or drug ingredients
Part V – Legal proceedings
29. Power of court to order licence to be cancelled and articles to be disposed of
30. Prosecution
31. Penalties
32. Certificates of analysis and presumptions
In any proceedings under this Act—33. Saving of other written laws
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law.34. Minister's power to amend Schedule
The Minister may, by statutory order, amend the Schedule.History of this document
06 March 2020
Repealed by
Food Safety Act, 2019
31 December 1996 this version
Consolidation
01 December 1972
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Food and Drugs (Amendment) (No. 2) Regulations, 1992 | Statutory Instrument 38 of 1992 |
Food and Drugs (Amendment) (No. 3) Regulations, 1992 | Statutory Instrument 39 of 1992 |
Food and Drugs (Amendment) (No. 4) Regulations, 1992 | Statutory Instrument 40 of 1992 |
Food and Drugs (Amendment) Regulations, 1992 | Statutory Instrument 37 of 1992 |
Food and Drugs (Food in Airtight Containers) Regulations, 1992 | Statutory Instrument 41 of 1992 |
Food and Drugs (Marketing of Breast Milk Substitutes) Regulations, 2006 | Statutory Instrument 48 of 2006 |