Tobacco (Control and Marketing) Regulations

marketing of tobacco.

Schedules.

STATUTORY INSTRUMENTS

1996 No. 29.

The Tobacco (Control and Marketing) Regulations, 1996. (Under section 16 of the Tobacco (Control and Marketing ) Act, 1966).

In exercise of the powers conferred on the Minister by section 16 of the Tobacco (Control and Marketing) Act, 1966, Act. No of 1966these Regulations are made this 15th of April, 1996.

Regulations may be cited as the Tobacco (Control Ciuiioo and Marketing) Regulations, 1996.

preunoorequires-

"buyer" has the meaning assigned to it under the Act;

"Commissioner" means the Commissioner for Marketing;

"crop" means tobacco which is grown by a grower using his own funds or by the grower using funds of a sponsor after entering into a sponsorship agree ment with a sponsor;

"grower" has the meaning assigned to it under the Act;

"Inspecting Officer" means an officer appointed by the Minister under Section 10 of the Act;

"Minister" has the me.aning assigned to it by the Act;

"sponsorship agreement" means a written agreement entered into between a sponsor and a grower whereby the sponsor undertakes to finance the growing of tobacco by the grower.

Registers. 3. The Commissioner shall keep and maintain registers in respect of the following persons, that is to say, (a) any person who is engaged in sponsoring growers in the growing of tobacco; (b) tobacco buyers; (c) tobacco processors; and (d) tobacco exporters.

Require 4. (1) No person shall carry out any activity specified in ments for registration sub-regulation (2) of this regulation without a valid registration for a certifi certificate, issued by the Commissioner in respect of that activity. cate of Internal marketing (2) The activities referred to in sub-regulation (1) areof tobbacco. (a) buying of tobacco; (b) processing of tobacco; (c) operating a factory in which any type of tobacco is processed or is intended to be processed; (d) controlling a store used or intended to be used for the storage of tobacco; and (e) sponsoring of the growing of tobacco.

Application 5. (1) A person who wishes to carry out any of the activity for egistration specified in sub-regulation (2) of regulation 4 may apply for the certificate. relevant registration certificate. (2) An application for a registration certificate referred to in sub-regulation (1) of this regulation shall be in the form set out in thee Fourth Schedule to these Regulations and shall be accompanied by a fee determined by the Minister. Grant of 6. (1) Where the Commissioner is satisfied that the appli registration certificate. cant for a certificate of registration referred to in regulation 5 (1) has satisfied the requirement necessary for the grant of the registration certificate he may, upon payment of the prescribed fee, grant to the applicant the relevant registration certificate.

Cancel) xci

lations may be cancelled at any time if the holder of the registration registrar ccnificxe. certificate-

Sponsors. 8. (1) A sponsor may enter into a sponsorship agreement with a grower, cooperative society, association or any other recognized group.

Control of 9. No person shall purchase any crop from a grower with internal purchasing whom he has no subsisting sponsorship agreement, save from a of tobacco. grower who used his own funds to grow the crop.

Restriction 10. (1) No person shall purchase any crop from a grower on purchasing with whom he has no subsisting sponsorship agreement, save of tobacco, from a grower who used his own finances to grow the crop. etc. (2) No person shall transport any crop- (a) which is not grown under his sponsorship; or

A sponsor shall- ObligaBGCS of sponsor*

Mode of

A sponsor shall promptly pay the grower for the payment of tobacco purchased from him, which payment shall be in accor growers.

dance with the terms of sponsorship agreement and the grade specifications specified in the Third Schedule to these regulations.

Establish 13. (I) A sponsor shall assist the grower to establish flue ment of Hue wtxxj tree wood tree nurseries that may yield to the growers for transplanting nurseries. in each year a minimum of. (a) five hundred tree seedlings per hectare or part thereof of tobacco grown by a farmer growing flue-cured tobacco; (b) one hundred tree seedlings per hectare or part thereof for tobacco grown by a farmer growing fire-cured tobacco; (c) one hundred tree seedlings per hectare or part thereof of tobacco grown by a farmer growing air-cured (burley) tobacco. (2) A sponsor shall ensure that the.following minimum number of trees are planted and maintained in each year by the growers. (a) five hundred tree seedlings per hectare or part thereof of tobacco grown by a grower growing flue- cured tobacco; (b) one hundred tree seedlings per hectare or part thereof of tobacco grown by a grower growing air-cured (burley) tobacco; (c) one hundred tree seedlings per hectare or part thereof of tobacco grown by a grower growing fwesrured tobacco.

Restrictions 14. (1) No grower shall enter into a sponsorship agreement on sctting-of with more than one sponsor in respect of the same crop grown in (oOacco, etc. the same growing period in the same area. (2) No grower shall sell any crop grown by him under a sponsorship agreement to any person other than his sponsor.

A grower shall, in the course of growing tobacco, use the minimum quantities specified in Part One of the Second Schedule to these regulations (2) No grower shall use. in the course of growing tobacco, any of the prohibited chemicals specified in Part Two of the Second Schedule to these Regulations.

A grower shall, obiiga«»» of a grc»- (a) ensure that he has a curing barn or the use of one in his growing area and storage space sufficient for the storage of tobacco grown by him; (b) ensure that no tobacco with foreign matter is offered for sale; (c) present his tobacco for sale after it is graded in accordance with the gazetted specifications spec ified in the sponsorship agreement; (d) ensure that there is no mixing of tobacco offered by him for sale; and (e) deliver his tobacco for sale in such manner as may be specified in the sponsorship agreement. (2) A grower shall ensure that all tobacco stalks and residue are uprooted from the field and burnt before such date as is specified in the First Schedule to these regulations.

tobacco without the consent, in writing, of the Minister.

upon any land or in searchof any building or vehicle where tobacco is grown, purchased, vehicles' stored or transported for the purpose of ascertaining that the provisions of these regulations and the sponsorship agreement are complied with.

Search of Vehicles. 19. An Inspecting Officer may,

Confiscated 20. Where an offence under these Regulations or Act is tobacco to be relumed found to have been committed, and without prejudice to the dis to lawful cretionary powers of a court, where the tobacco in respect of owner. which the offence is committed does not belong to the offender, and where the lawful owner can be identified, the tobacco shall forthwith be delivered to such owner.

Revocation. 21. The Tobacco (Prescription of Grades) Regulations, S.I. No. 184 of 1970. 1970, are hereby revoked.

SCHEDULES.

FIRST SCHEDULE GROWING SEASON.

I. Northern Areas (a) Sowing of seed bed not before 1 st January.

SECOND SCHEDULE

Part One Minimum availability level of inputs of Part One, U.S.D.A. Approved Chemicals. (U.S.D.A. = United States Department of Agriculture).

Minimum level Inputs and U.S.D.A. Approved Chemicals: (Note all quantities refer to one hectare of tobacco).

Flue cured Fire cured Burley (Air cured) Base fertilizer N 30 kg. 12 kg. 6 Kg. P 72 kg. 36 kg. 18 kg. K 80 kg. 48 kg. 24 kg.

Second Schedule-continued. Top dressing

N26 kg. 26 kg. 52 kg. (iii) Chemicals: Insecticides Fungicide-when necessary

Flue pipes-One full set per flue cured bam. One hand sprayer per grower. One bam thermometer per flue cured bam. (Except Burley farmers). Twine (natural fibres only). Chicken wire (1 per flue cured bam).

Part Two

Prohibited chemicals for Tobacco

THIRD SCHEDULE GRADE SPECIFICATIONS GRADE SPECIFICATION FOR BURLEY TOBACCO 1995 XIB Top quality primings and lugs, thin to slightly bodied and carrying frog eye spot. Must be of a true buff to light tan colour and fluffy with elasticity (stretch) and generally sound. No green, pale ("E" type) yellow, pink or red leaves will be tolerated in this grade. Can have 5% damage tolerated; but no stain or blemishes. The minimum length should be 50 cms. X2B Thin to slightly bodied primings and lugs with a true buff to light tan colour and preferably carrying frog eye spot. Can have up to 10% damage only, with the characteristic fluffy and stretch; but no stain or blemish. No green, pale ("E" type) yellow, pink or red leave will be tolerated in this grade. Minimum length should be 40 cms. X3B Primings and lugs thin to light bodied carrying a reasonable per centage of damage (15% maximum). Buff to light tan in colour but pale ("E" type) yellow and running green will be accepted. Can carry a high percentage of frog eye spot. No pink, red, stained or blemished tobacco will be accepted in this grade. Minimum length will be 30 cms. X4B Primings and lugs of a lower quality, buff to light tan in colour, but can also have yellow "K" and running "V". Can be of any length but not less than 30 cms with damage tolerance of up to 25% only. No mouldy, black, dead green or funked tobacco will be accepted in this grade. C1B Top quality cutter of light tan in colour with thin to medium body. Can have some frog eye spot with a good stretch and generally sound. No yellow "K" greenish "V", pink or red leaves will be accepted in this grade. Minimum length will be 50 cms. Can have 5% damage tolerated but no stain or blemish. C2B Thin to slightly bodied cutter of light tan colour and can be carrying some frog eye spots. Can carry a reasonable dam age; UP to 10% only; but stretchy and sound without, stain or blemish. No yellow "K" greenish "V", pink or red leaves will be accepted in this grade. Minimum length will be 40 cms.

C3B Cutters of light tan colour, thin to slightly bodied, carrying a rea sonable percentage; 15% maximum damage. Can have some running green and pale yellow "E" type tobacco, but no pink or red leaves will be accepted in this grade. No stained or blemished tobacco is accepted in this grade. Minimum length is 30 cms. C4B Cutter of lower quality; light tan colour, but can have running green "V" or pale yellow "E" type. Can have damage tolerance up to 25% only; of any length but not less than 30 cms.

BIB Mid stalk leaf of tan to light tan colour, medium to fleshy body; with elasticity. No green, yellow, pink or red leaves are accept ed in this grade. Damage tolerance is only up to 5% or spot. Medium length to be 50 cms.

B2B Mid stalk leaf of tan to light colour, can have up to 10% dam age tolerance or spot medium to fleshy bodied, with elasticity. No green "V", yellow "K" pink or red leaves will be accepted. Minimum length is 40 cms. B3B Midstalk leaf light tan colour medium to fleshy bodied with up to 15% damage tolerable. Running green "V" or pale ("E" type) yellow may be accepted in this grade; but no pink or red leaves are accepted. Also no stained blemished or mouldy tobacco is accepted in this grade. Minimum length is 30 cms.

B4B Midstalk leaf tan to light tan on colour with reasonable damage (25% maximum). Can also have a small percentage of stain and blemish tolerated. Also greenish "V" and pale ("E" type) yellow mouldy and funked tobacco may be accepted in this grade. May be of any length but not less than 30 cms.

RIB Top quality sound upper stalk leaf tan to dark tan in colour, fleshy to heavy bodied with oil and elasticity. Can have up to 5% damage tolerated. No dark sweated, yellow, green or blemished styles will be accepted. Minimum length 40 cms.

R2B Good upper stalk leaf tan to dark tan, heavy bodied but can have up to 10% damage tolerated. No dark sweated, blemished, green, yellow or mouldy will be accepted in this grade. Minimum length is at least 35 cms.

R3B Heavy bodied, fair quality upper stalk leaf, tan to dark tan in colour. Can have up to 15% damage tolerated. Running green "V" and pale yellow ("E" type) may be accepted in this grade but no pink or red leaves are acceptable. No blemished, mouldy or funked tobacco will be accepted. R4B Heavy bodied upper stalk leaf, tan to dark tan in colour carrying a reasonable percentage of damage (25% maximum), stained or blemished tobacco to a reasonable degree is accepted in this grade. Also pale yellow ("E" type) and greenish "V" style may be tolerated. No pink or red leaves will be accepted in this grade. Can be of any length but not less than 30 cms. The following tobacco will be rejected:-

too small or too large

GRADE SPECIFICATIONS

UGANDA DARK FIRE CURED GRADE DESCRIPTION

SG Standard quality leaf heavy bodied, well smoked gummy, oily elastic with faint running green. NB: The following tobacco will be rejected:

too small or too large

GRADE SPECIFICATIONS

FLUE CURED SPECIFICATIONS

TOP FINE AND HIGH QUALITY LEMON TO LIGHT ORANGE

TLI2 Leaf of fine and high quality in lemon to light orange in colour. Mature leaf with spot, open grained, fairly soft to slightly rough, fairly oily, medium body.

TOP GOOD QUALITY LEMON TO LIGHT ORANGE

TL3 Leaf and cutters of good quality in lemon colour. Immature leaf, oily elastic, clear faced no spot or injury, medium body. Slight blemish not exceeding 10% of the total leaf surface.

CLEAR FACED FAIR QUALITY LEMON/ORANGE

TSK Leaf and tips of fair to low quality in lemon to light orange in colour. Heavy body, normal to narrow width, slightly sponged and scorched with some run back.

TOP FINE AND HIGH QUALITY ORANGE

TO 12 Leaf of fine and high quality in orange to dark orange in colour. Ripe leaf with spot, open grained, fairly soft to slightly rough, fairly oily, medium body.

TOP GOOD QUALITY DARK ORANGE/MAHOGANY

TO3 Leaf of good quality in dark orange to mahogany colour. Superior degree of ripeness, spotty, open grain, fairly soft to slightly rough, fairy' oily medium to heavy body, a material amount of injury associated with an advanced degree of maturity.

TOP FAIR QUALITY ORANGE TO DARK ORANGE

TSOK Leaf and tips of fair quality in orange to dark orange colour. Heavy body, normal to narrow width, slightly sponged and scorched with some run back.

TOP FAIR TO LOW QUALITY IN DARK ORANGE TO MAHOGANY

TN 12 Leaf and tips to low quality in dark orange to mahogany in colour. Over ripe or a fair amount of injury associated with an advanced degree of maturity.

BOTTOM GRADE QUALITY LEMON TO LIGHT ORANGE

BL12 Lugs and cutters of fine quality in lemon to light orange in colour. Mature spotty, open grained, fairly oily to low oil, medium to thin bodied.

BOTTOM FAIR QUALITY LEMON TO LIGHT ORANGE

BL 3 Priming, lugs of fair quality in lemon to light orange in colour. Mature, slightly spotty, low in oil, thin body.

BOTTOM GOOD QUALITY ORANGE

BD Primings, lugs of fair quality in orange colour, ripe, spotty, low in oil, thin body.

GR Leaf tips, lugs and cutters, unripe, thin to heavy body, carrying a greenish tinge of pale greenish shade affecting 10% of the leaf surface. No fixed green. Tolerance due to blemish, spotting and curing faults should not exceed 15% of the leaf. D Tips and leaf off type for other grades, medium to heavy bodied close and tight leaf structure. Length not less than 9 . Leaf not fitting other grade descriptions excluding sucker leaf, mouldy or funked leaf and leaf showing damage due to storage pests.

N .Timings, lugs and cutters off type for other bottom grades, perished leaf due to over ripeness. Injury tolerance is 45% of the total leaf surface. No mouldy or funked leaf should be included.

NB: The following tobacco will be rejected: I. Tobacco mixed or nesting in a bundle.

too small or too large

FOURTH SCHEDULE

THE TOBACCO (CONTROL AND MARKETING REGISTRATIONS) 1996

APPLICATION FOR REGISTRATION CERTIFICATE FOR MARKETING OF TOBACCO

I certify that the above information is correct.

Applicant

FIFTH SCHEDULE

THE TOBACCO (CONTROL AND MARKETING REGULATIONS) 1996

TOBACCO SPONSOR REGISTRATION CERTIFICATE

The Registration Certificate of Sponsorship is given to

of Box Number of sponsorship agreement (s) Location of sponsorship agreement (s)

Certificate valid for season.

Commissioner for Marketing.

SIXTH SCHEDULE

THE TOBACCO (CONTROL AND MARKETING REGULATIONS) 1996

TOBACCO BUYERS REGISTRATION CERTIFICATE

RO. Box located at

in District.

This Registration Certificate is valid for season.

Fee paid: Shs

Receipt No

Date:

Commissioner for Marketing.

SEVENTH SCHEDULE

THE TOBACCO (CONTROL AND MARKETING REGULATIONS) 1996

TOBACCO PROCESSORS REGISTRATION CERTIFICATE

Tobacco Processors Registration Certificate is hereby given to

of P.O. Box

The Processing Plant located at

This Registration Certificate is valid for season.

Date:

Fee paid: Shs

Certificate No

Commissioner for Marketing.

EIGHTH SCHEDULE

THE TOBACCO (CONTROL AND MARKETING REGULATIONS) 1996

TOBACCO EXPORT REGISTRATION CERTIFICATE

Registration Certificate is hereby given to

of P.O. Box

This Registration Certificate is valid for season.

Date: ...............................................................................

Fee paid: Shs

Receipt No. ....... ..............................................................................

Commissioner for Marketing.

RICHARD H. KAIJUKA, fcib, Minister of Trade and Industry.