STATUTORY INSTRUMENTS  
2021 NO.  … 
THE UGAND A NATIONAL BUREAU OF STANDARDS (MARKET 
SURVEILLANCE AND ENFORCEMENT OF COMPULSORY STANDARD  
SPECIFICATION ) REGULATIONS  2021  
 
ARRANGEMENT OF REGULATIONS  
PART  1- PRELIMINARY  
Regulation  
1. Title  
2. Application  
3. Interpretation  
PART II – CONFORMANCE TO COMPULSORY STANDARD 
SPECIFICATION  
4. Commodity to conform to compulsory Standard Specification  and bear 
Distinctive Mark  
5. Establishment to conform to Compulsory Standard Specification  
PART III – NON -CONFORMANCE TO COMPULSORY STANDARD 
SPECIFICATIONS  
6. Commodity  that do es not conform to compulsory standard specification  
7. Establishments that does not conform to compulsory standard 
specification   
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 PART IV –MARKET SURVEILLANCE INSPECTIONS Conducting 
Enforcement Inspections  
8. Conducting enforcement inspections  
9. Inspector to verify the shelf life of Commodity  
10. Commodity  not covered by Standard Specification  
11. Appointment of Inspectors  
12. Powers of inspectors  
PART V – MISCELLANEOUS  
13. Samples and Information  
14. Enforcement collaboration   
15. Commodity manufactured within partner states of the EAC  
16. Guidelines  
SCHEDULES  
SCHEDULE I  - DISTINCTIVE MARK   
 
 
 
 
 
 
 
 
 
 
  
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STATUTORY INSTRUMENTS  
2021 NO. …  
The Uganda National Bureau of  Standards ( Market Surveillance and 
Enforcement of Compulsory Standard  Specification ) Regulations , 2021  
(Under Section 3(1 ) (e) & (f), 43 of the Uganda National Bureau of Standards 
Act, Cap 327 ( as amended ) 
In EXERCISE  of the powers conferred upon the Minister by Section 43 of the 
Uganda National Bureau of Standards Act, Cap 327 (as amended  2013 ), these 
Regulations are made this ………day of …….2021  
 
PART I –PRELIMINARY  
1. Title.  
These Regulations  may be cited  as the Uganda National Bureau of Standards 
(Market Surveillance and Enforcement of Compulsory Standard Specification) 
Regulations, 2021  
2. Application  
(1) These Regulations apply to _  
(a) Commodities for which the Minister declares Compulsory Standard 
Specification under Section 18 of the Act.  
(b) Commodities that do not have a Standard specification  
(c) Establishments for which the Minister declares a Compulsory Standard 
Specification under Section 18 of the Act.   
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 3. Interpretation  
In these Regulations , unless the context otherwise requires - 
“Act” means the Uganda National Bureau of Standards Act, Cap 327;  
“Agency”  means  an organization providing a particular service on behalf of 
Government . 
“Bureau” means the Uganda National Bureau of Standards Act, Cap. 327;  
“Economic Operator”  means  a business or other organisation which supplies 
goods, works or services within the context of market operations.  
“Establishments” means any building or area in which a commodity is handled 
and the surrounding under the control of the same management. It shall include 
manufacturing premises, points of sale, points of storage of a commodity, vehicles 
that transport  a commodity . 
“designated UNBS parking facility” means UNBS office premises, police 
stations, police posts  and any other approved   
“Point of Sale”  means  the time and place where a retail transaction is completed 
whether physical or electronic  
“Sale” means the exchange of a commodity for money  
“Shelf life”  means  the length of time that a commodity may be stored without 
becoming unfit for use, consumption, or sale  
“UNBS Storage facility”  means  a building or structure used for storing  products 
and is under the control and management of UNBS  
“Re-working”  means  to im prove, alter or revise a commodity to achieve 
compliance to a standard specification  
“Major non -conformity ” means  is any identifiable deviation from the Standard 
specification that poses a serious threat to the health and safety to the public and 
the envir onment   
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 “Recall ” means  to officially order the return of a non -conforming commodity  
“Withdraw ” means  to remove or take away a commodity from a particular place 
or position and place it under the economic operator’s possession  
 
PART II – CONFORMANCE TO COMPU LSORY STANDARD 
SPECIFICATION  
 
4. Commodity  to conform  and bear distinctive Mark   
(1) A person shall not import, distribute, manufacture, sell or have in his or her  
possession  or  control  for  sale  or  distribution  any  commodity   for 
which a compulsory  standard specification  has been declared by Bureau, 
unless the commodity conforms to the compulsory standard specification . 
(2)  A person shall not import, distribute, manufacture, sell or have in his or her  
possession  or  control  for  sale  or  distributi on  any  commodity   for 
which a compulsory  standard specification  has been declared by Bureau, 
unless the commodity bears a distinctive Mark in Schedule  I issued in 
accordance with the Certification regulations in force.  
(a) Where   difficulties   arise   in  having   a  commodity   marked   with   the 
distinctive  mark prior  to importation , distribution, sell , the  director  may  
authorise  in, writing  any  intending  importer  or distributor  of  the 
commodity  to have  the  commodity  marked  immediately   on arrival  in 
Uganda  or before such commodity is used or placed on the market . 
(b) Where   difficulties   arise   in  having   a  commodity   marked   with   the 
distinctive  mark after manufacture the  director  may  authorise  in, writing  
any  intending  manufacturer  of  the commodity  to have  the  commodity  
marked before such commodity is used or placed on the market.   
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5. Establishment  to conform to Compulsory Standard Specification  
A person operating a n establishment shall ensure that such establishment 
conform s, in its operations, to the relevant compulsory standard 
specification .  
PART 111 - NON -CONFORMANCE  TO COMPULSORY STANDARD 
SPECIFICATION  
6. Commodit y that do es not conform to Compulsory Standard 
Specification  
Commodit ies that are  found not to conform  to Compulsory Standard  
Specification shall be subject to  any or all of the following as may be 
applicable -  
(1) Seizure  
(a) Where a commodity has been seized, the Bureau shall issue a notice of 
seizure  to the importer, manufacturer, distributor, seller, transporter or 
person found in possession or control for sale . 
(b) Where a seized commodity can be re -worked, this shall be permitted by the 
Director and done under the supervision of an inspector.  
(c) Where a seized commodity is to be used as a police exhibit such 
commodity shall be handed  over  to the police for further management . 
(d) Where a seized c ommodity is not to be used as a police  exhibit and cannot 
be re -worked in any way, such a commodity shall be destroyed in 
accordance with the Law  
(2) recall or withdrawal of  the commodity by the Importer, manufacturer , 
distributor , seller    
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 (a) The importer, manufacturer , distributor shall issue a not ice of recall or 
withdrawal detailing the commodity, consignment  or lot or batch of 
commodity being recalled or withdrawn and the major non -conformity 
that has been identified.  Such notice shall be issued in print or other type 
of media.  
(b) The importer, manu facturer, distributor, seller shall furnish the Bureau 
with evidence and reports of his compliance to Sub regulation  (a).  
(3) A recommendation to the Minister to ban the sale and distribution of 
any Non-conforming commodity  
(4) Confinement  of the non -conforming commodity  within facility for safe 
custody .  
(5)  Sealing of  the premises at which the non -conforming commodity was 
inspected.  
(6) Impounding of vehicle used in distribution to a designated UNBS 
parking facility  
(a) Commodities from an impounded vehicle may be sampled  for analysis.  
(b) Where a commodity in an  impounded vehicle does not  conform to a 
Compulsory Standard S pecification such a commodity and the vehicle shall 
be handled in accordance with 6 (1) and 6 (6) respectively.  
(c) Where the commodity in an impounded  vehicl e does not hav e a valid 
permit to use the  Distinctive Mark, such commodity  and the vehicle shall 
be released upon successful application for certification and where the 
commodity conforms to the compulsory Standard Specification.  
(7) Where a commodity is perishable, such commodity shall be ordered for 
destruction upon authorisation of the Director.   
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 7. Establishment that do es not Conform to Compulsory Standard 
Specification  
(1) Where a n establishment  does not conform to the requirements of the 
Compulsory Standard Specification;  
(a) An inspector ma y; 
i. Require a corrective action to be undertaken  
ii. Seal such establishment until satisfactory corrective action has been 
undertaken to ensure compliance. . 
iii. Make reco mmendation to t he Director to sus pend production of a 
commodity  
iv. Require  the manufacturer or person found in possession of the con -
conforming commodity to repor t to the Bureau  
PART I V – MARKET SURVEILLANCE INSPECTIONS  
8. Conducting  Enforcement Inspections  
(1) The Bureau may, at its own instance or following information by any person, 
carry out inspection on - 
(a) a commodity,  or consignment  or  lot or batch of a commodity,    
(b) an establishment  
(c) any other relevant area that might affect the quality of the commodity.  
(2) An inspector shall issue an inspection report  in respect of the inspection 
carried out  to impo rter, manufacturer, distributor or  seller . 
 
9. Inspector to verify the shelf life of commodity  
Where a commodity requires a definite shelf life, the inspector shall verify 
that the commodity has a defined and marked shelf life.   
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 (1) Where a commodity has exceeded the declared shelf life, the inspector shall 
issue a notice of seizure and the goods shall be sealed at the inspected 
premises or carried away to a designated storage facility and handled in 
accordance with Regulation 6 (1)(d)  
(2) Where a commodity does not bear the marked shelf life, the inspector shall 
issue a notice of seizure and the commodity s hall be sealed at the inspected 
premises or carried away to a designated sto rage facility and handled in 
accordance with Regulation 6 (1)  
(3) Where inspection reveals that shelf life  may have been tampered with,  the 
inspector shall issue a notice of seizure and report the case to police for 
further management.   
10. Commodity  not covered by Standard Specification  
(1) An Inspector may inspect  a commodity, for safety  and health w here there  is no 
Standard  Specification . 
(2 ) A  person importing, manufacturing or distributing  a commodity , or using an 
establishment that is not covered by a Standard Specification shall  be required to 
obtain premarket approval from the Director before importing, manufacturing or 
distributing such commodity or using such commodity or establishment  if such 
commodity impacts on the health and safety of Consumers.  
(4) Where a ban on a commodity is notified by other regulatory or related 
agencies, locally or international ly, such  a commodity shall be seized from 
the market in accordance with Section 6(1). A ban shall be reviewed for 
relevance before seizure of the commodity . 
 
  
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 11. Appointment of inspectors  
In order to ensure compliance with the Act and these regulations, Standards 
Inspectors shall be appointed in accordance with Section 13 of the Principal Act.   
12. Powers of Inspector s.  
 A Standards Inspector so appointed shall exercise such powers as are on 
conferred under them under section 14 of the P rincipal Act  
 
PART V - MISCELLANEOUS   
13. Samples and Information  
(1) Notwithst anding anything to the contrary , any person who imports,  
manufacturers, distributes or sells any commodity for which a compulsory 
specification is in force, shall at the request of an inspector and at that 
person's own cost : 
(a) submit, or make available, to the inspector a  representative  sample as may 
be specified in the request, for examination, testing  or analysis; or  
(b) furnish to the inspector such information as may be specified with regard to 
the Commodity  concerned or its manufacture and  
(c) comply with the sampling requirements of the Compulsory Standard 
Specification that is in force.  
(2) The inspector may examine a representative sample obtained in terms of 
this regulation , or have it tested or analysed, in order to determine whether 
the commodity  concerned complies with or has been manufactured in 
accordance with the requirements of the Compulsory Standard 
Specification  refered to in R. 13 (1) ( C )   
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 (3) If such sample obtained is damaged or destroyed during the process of 
examining, testing or analysing the sample, the Bureau is not liable for the 
damage to  or destruction of that sample.  
(4) The r esult of any examination, test or analysis of a  representative  sample , 
with reference to S. 13 (1) ( C ) ,  of a commodity manufactured  in respect 
of which a compulsory standard specification is in force, is regarded to be 
valid for the whole consignment o r lot or batch  from which the sample was 
obtained or to the similar services by the supplier, until the contrary is 
proved, or unless otherwise specified in the compulsory standard 
specification that is in force.  
 
14. Enforcement Collaboration  
The Bureau may collaborate with any person or agency  in the work of 
enforcement of standard specification  with a view to promot e compliance, health 
and safety of a commo dity 
 
15. A Commodity manufactured within the Partner States of the East 
African Community  
(1)An imported c ommodity manufactured within  the Partner States of the East 
African Community shall be required to bear a Certification Mark notified by the  
respective  Partner State and where they do not bear a notified Certification Mark, 
they shall be required to bear the Distinctive Mark in Schedule 1 if such 
commodity  is covered by Compulsory Standard Specification.  
(2 ) Where a commodity is placed on the market and is manufactured from within 
the Partner States of the East African Community but does not bear a Certification 
Mark notified by the Partner State,  such commodity shall be subject to the 
provisions in Reg 6 (1), (4), (5) and (6) where applicable .  
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16. Guidelines  
The Director may issue such guidelines,  as he or she considers necessary under 
the circumstances , to ensure compliance with Compulsory Standard specification,  
compliance with the Principal Act and compliance with  health, safety conce rns 
pertaining to any commodity and the protection of consumer s.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
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Schedule I   
 
Distinctive  mark