National Technical Regulation Act, 2017 (No. 5 of 2017).
Country
Type of law
Legislation
Abstract
This Act provides for a technical regulation framework, i.e. technical requirements, the conformity assessment system, regulatory authority mandates and sanctions are applied in the development and implementation of technical regulation. “Technical regulation” means a document which lays down commodity or service characteristics or their related processes and production methods, including administrative provisions, with which compliance is mandatory, and includes terminology, symbols, packaging, marking or labelling requirements as they apply to a commodity or service or their related processes.
The Act establishes the Department for Technical Regulation and defines its functions and powers. A technical regulation shall be developed, implemented and maintained in accordance with specified principles. It shall, among other things, be developed and implemented where it is necessary for the protection of human health or safety, animal or plant life or health, the prevention of deceptive practices and environmental protection, and shall comply with the requirements of international and regional agreements to which Zambia is a party. The relevant Minister may, where there is a threat to the environment or human and animal life and health, in consultation with Cabinet, by statutory instrument, adopt and publish a technical regulation intended to deal with the threat, without following the procedure specified in this Act. A commodity and service falling under a technical regulation shall be placed on the market if the commodity and service — (a) does not endanger public safety or health or plant or animal life or health; (b) does not give rise to consumer exploitation; (c) does not have adverse effects on the environment when undertaken, installed and maintained; and (d) is used for the purpose for which it is intended.
Where a formal assurance of conformity with a technical regulation is required, a regulatory agency shall, where practicable — (a)formulate and adopt conformity assessment schemes based on international best practice; and (b) ensure that the conformity assessment services are provided in the most cost effective way. A regulatory agency shall maintain a database of designated conformity assessment service providers. A supplier shall provide proof of compliance with a conformity assessment scheme.
The Act establishes the Department for Technical Regulation and defines its functions and powers. A technical regulation shall be developed, implemented and maintained in accordance with specified principles. It shall, among other things, be developed and implemented where it is necessary for the protection of human health or safety, animal or plant life or health, the prevention of deceptive practices and environmental protection, and shall comply with the requirements of international and regional agreements to which Zambia is a party. The relevant Minister may, where there is a threat to the environment or human and animal life and health, in consultation with Cabinet, by statutory instrument, adopt and publish a technical regulation intended to deal with the threat, without following the procedure specified in this Act. A commodity and service falling under a technical regulation shall be placed on the market if the commodity and service — (a) does not endanger public safety or health or plant or animal life or health; (b) does not give rise to consumer exploitation; (c) does not have adverse effects on the environment when undertaken, installed and maintained; and (d) is used for the purpose for which it is intended.
Where a formal assurance of conformity with a technical regulation is required, a regulatory agency shall, where practicable — (a)formulate and adopt conformity assessment schemes based on international best practice; and (b) ensure that the conformity assessment services are provided in the most cost effective way. A regulatory agency shall maintain a database of designated conformity assessment service providers. A supplier shall provide proof of compliance with a conformity assessment scheme.
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Long title of text
An Act to provide for the principles of, and a framework for, technical regulation that are compliant with best practice and regional and international obligations to which Zambia is a party; establish the Department of Technical Regulation in the Ministry responsible for trade; provide for the development and implementation of technical regulation for public safety and health, consumer protection and environmental protection; provide technical guidance to regulatory agencies on the development, implementation, administration and review of technical regulations; domesticate the International and Regional Agreements on Technical Barriers to Trade in order to ensure that regulations, standards, testing and certification procedures do not create unnecessary obstacles to trade but implement legitimate policy objectives and measures; and provide for matters connected with, or incidental, to the foregoing.
Date of text
Repealed
No
Source language
English
Legislation Amendment
No