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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  GOVERNMENT NOTICE  
 
MINISTRY OF AGRICULTURE, WATER AND LAND REFORM  
 
No.           2022 
 
REGULATIONS RELATING TO THE IMPORTATION OF CONTROLLED PRODUCTS: 
AGRONOMIC INDUSTRY ACT, 1992  
 
Under section 24(1) of the Agronomic Industry Act, 1992 (Act No. 20 of 1992), after 
consultation with the Namibian Agronomic Board, I – 
 
a) have made the regulations, compliance with which has been made compulsory in terms of 
section 24 of that Act, as set ou t in the Schedule; and  
 
b) determine that the regulations come into effect on xxx date.  
 
CARL -HERMANN G.  SCHLE TTWEIN , MP  
MINISTER FOR AGRICULTURE, WATER AND LAND REFORM  
 
         Windhoek,  2022 
     
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992   
SCHEDULE  
 
 
ARRANGEMENT OF REGULATIONS  
 
 
 
1. Definitions  
2. Purpose  
3. Scope  
4. Requirements under this regulation  
5. Withdrawal of registration  
6. Surveillance  
7. Levies & Fees  
8. Confidentiality  
9. Prohibitions  
10. Restrictions  
11. Offences and penalties  
12. Appeals  
13. Annexures  
 
 
1. DEFINITIONS  
Note: This section could include explanations for:  
a. Definitions,  
b. Acronyms,  
c. Abbreviations, and  
d. Interpretations  
 
In these regulations, a word or an expression to which a meaning has been given in the Act has 
that meaning, and unless context otherwise indicates - 
 
“accredited laboratory” means an analytical la boratory which has a valid certificate of 
accreditation against the ISO/IEC 17025 standard.  
“AMID” means the computer system of the Board, named Agricultural Marketing Information 
Database , or any other database in use by the Board from time to time . 
“Board” means the Namibian Agronomic Board established by section 3(1) of the Agronomic 
Industry Act, Act 20 of 1992.  
“border closure”  means  the term used to communicate restrictions that have been applied.  
“border control inspector” means an employee of the Board with responsibility to verify 
whether all the requirements of an import permit have been met, prior to clearing controlled 
products for entry into Namibia.  
“border receipt”  means a document, issued at the port of entry by the border control inspector, 
to confirm that the consignment was cleared for entry into Namibia.  
“carrying unit”  means  a ship, shipping container, truck, trailer or any other item, or equipment, 
used in the conveyance of a controll ed product.  
“category” means  an identifiable product group for which import permits are issued.     
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  “cleared” means the function of ensuring compliance to all import requirements according to 
these regulations.  
“cold storage facilities” means  premises where co ntrolled products are stored under 
temperature -controlled conditions.  
“commercial use” controlled products imported for the purpose of trading in Namibia.  
“compliance inspector”  – an employee of the Board, with responsibility to inspect – and make 
decisions or recommendations on - controlled products.  
“conformity assessment body” means a body that performs conformity assessment services and 
that is formally recognised or appointed by the Board in a foreign country, to assess the 
producer and the con formity of the product in accordance with the relevant standards and other 
applicable requirements.  
“concession” means the action of granting a relaxation of applicable requirements.  
“consignment”  means a quantity of product, grouped together by similarity  and documented in 
a single document, showing unambiguous detail contained therein and destined for delivery to 
a permit holder . 
“controlled product”  means an agronomic crop or agronomic product to which the provisions 
of the Act apply.  
“entity” means any natural person, company, group or association.  
“food safety” means assurance that a food product is acceptable for human consumption 
according to  its intended use.  
“FSMS” means a Food Safety Management System, which is a system based on the principles 
of HACCP.  
“G.A.P.” means Good Agricultural Practices, which is a collection of principles applied to on -
farm production and post -production processes, resulting in safe and healthy food and non -
food agricultural products.  
“G.M.P.” means Good Manufacturing Prac tices, which is the practices required in order to 
conform to the guidelines recommended by agencies that control the authorization and 
licensing of the manufacture and sale of food and beverages, cosmetics, pharmaceutical 
products, dietary supplements, an d medical devices.  
“HACCP” means Hazard Analysis Critical Control Points, which is a system that identifies, 
evaluates, and controls hazards, which are significant for food safety.  
“hazard” means a biological, chemical or physical agent in, or condition of , food with the 
potential to cause an adverse health effect.  
“horticultural trading facility”  means a premise where controlled products are stored and/or 
packed for sale to traders.  
“importer ” means  a person, company or entity, who is registered as an impo rter with the Board 
and has the intention of importing controlled agronomic and/or horticultural products into the 
Republic of Namibia.  
“inspection” means the determination of conformity to specified requirements.  
“inspector” means a person appointed as an  Inspector of controlled products by the Board under 
subsection 1 of Section 13 of the Agronomic Industry Act, 1992 (Act 20 of 1992).  
“ISO/IEC 17025” means the standard which specifies the General requirements for the 
competence of testing and calibration laboratories, as in force from time to time  
“landed cost” means the purchase price of the controlled products concerned, including any 
taxes, duties and transport costs to the final destination in Namibia, payable in respect of the 
controlled product.  
“miller” means an entity who operates a mill for grinding grain into flour.  
“Minister”  means the Minister for Agriculture, Water and Land Reform     
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  “M.I.S.”  means a Management Information System, which combines data from various sources 
and produces information to assist the Board in decision -making and statistical reporting.  
“M.R.L.”  means a Maximum Residue Limit which is the highest level of a pesticide resi due 
that is legally tolerated in or on food.  
“MSP” means  Market Share Promotion, which requires an importer to comply with sourcing a 
minimum percentage of local produce, as determined by the Board and published on the 
website, prior to importing controlle d products into Namibia.  
 “NAB’s Website” means the Namibian Agronomic Board’s website, located at 
www.nab.com.na .  
“port of entry”  means  the place in Namibia at which a consignment will arrive from a country 
of export. This could be a sea port, an airport or a border post for road and/or rail imported 
products.  
“NamRA” means the Namibia Revenue Agency.  
“organic food” means products grown without the use of synthetic chemicals, such as human -
made pesticides and fe rtilizers, and do not contain genetically modified organisms”  
“prohibit”  means that the sale of an imported product may be prohibited if, in the opinion of 
the Minister, it constitutes a breach of these regulations, or is considered a food safety threat.  
“regulator” means the Board , which is the institution that has the authority to monitor 
agronomic and horticultural products in Namibia for the purpose of ensuring compliance with 
these regulations.  
“restriction”  means that  the Minister may restrict the imp ortation of certain controlled products 
at times when local production can fulfil the national market demand. Also referred to as 
“border closure”.  
“retail outlet” means a premise where controlled products are sold to the general public.  
“surveillance” mea ns systematic iteration of conformity assessment activities as a basis for 
maintaining the validity of the statement of conformity.  
“surveillance inspection” means the action of inspecting controlled products after initial 
approval and before being purchas ed by end consumers.  
“the Act” means the Agronomic Industry Act, 1992 (Act 20 of 1992).  
“traceability” means the ability to trace and follow a food product or substance intended to be, 
or expected to be, incorporated into a food product through all stages of production, packing, 
processing, handling and distribution.  
 
 
2. PURPOSE (OBJECTIVE)  
The purpose of these regulations is to ensure that all controlled products, imported into the 
Republic of Namibia, comply with the requirements set out herein, with the objective of 
achieving safe food for all and creating consumer confidence in the regula tory processes.  
 
 
3. SCOPE  
These regulations apply to all controlled products imported into the Republic of Namibia for 
commercial use and specifically for human consumption, whether by sea, land, air or road.  
 
 
4. REQUIREMENTS UNDER THIS REGULATION  
 
4.1 Registration as an importer of controlled products     
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  4.1.1 All importers of controlled products , shall be required to register with the Board on 
application and in the prescribed form, as per section 10(1)(j) of the Agronomic 
Industry Act, (Act 20 of 1992).  
4.1.2 Importers of horticultural products shall hold a v alid certificate of registration  for a 
horticultural trading facility , where applicable .  
4.1.3 Importer s of controlled grain crops shall hold a valid certificate of registration as miller . 
4.1.4  In terms of section 10(k)(ii) of the Agronomic Industry Act, (Act 20 of 1992) an entity 
engaged in the production, processing, storage, and marketing of controlled products 
shall be required to submit specified information to the Board.  
 
4.2 Import Permits  
4.2.1  Registered importers shall be required to comply  with the MSP requirements as a 
condition to qualify for an import permit.  
4.2.2  Registered importers shall have a valid import permit, issued by the Board after 
successful application  through the onlin e platform , for all controlled products intended 
for import into the Republic of Namibia.  
4.2.3  At the end of the permit period, the importer shall be re -assessed by the Board to 
determine whether the entity  has complied with the MSP requirements, to conf irm 
continued  issuance of import permits to the importer.  
 
4.3 Inspection   
4.3.1 At the port of entry the Border Control Inspector shall verify the documentation of all 
consignments of controlled products to ensure that these regulations  and other permit 
conditions are complied with.  
4.3.2 The documentation verification will include:  
(a) A valid import permit, in the name of the registered importer . 
(b) Supplier invoice for applicable controlled agronomic and horticultural products, 
inclu ding detail required by the permit.  
(c) A phyto -sanitary certificate, where applicable.  
(d) Import Authorisation issued by the competent authority in Namibia.  
(e) A certificate of conformity, issued by a conformity assessment body in the 
country of the pr oduct’s origin.  
(f) An analytical report on mycotoxins, where applicable, issued by an accredited 
laboratory.  
(g) A certified copy of the producers G.A.P. certificate . 
(h) A certified copy of the FSMS certificate, of the packing facility, in the country o f 
origin, where applicable.  
(i) A report on pesticide levels from an accredited laboratory in the country of origin 
of the product, to ensure compliance with M.R.L.’s, where applicable.   
(j) A grading certificate, where applicable.  
(k) A GMO declaration, where applicable . 
(l) Any product which is labelled with a claim that it has been produced under 
organic conditions shall provide proof of certification based on the Guidelines for 
the Production, Processing, Labelling and Marketing of Organically Produced  
Foods which were adopted by the Codex Alimentarius Commission or equivalent.  
 
    
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  4.3.4  The Border Control Inspector at the port of entry will determine whether the 
consignment meets the requirements of the import permit and these regulations.  
4.3.5  Border i nspection results:  
(a) If the consignment is cleared, a border receipt shall be issued to the importer by 
the Border Control Inspector as proof of compliance with the permit and these 
regulations. The consignment will then be authorised to proceed to an offloading 
point for inland inspection.  
(b) A copy of the border receipt will be provided to the Namibia Revenue Agency 
(Nam RA) at the port of entry to allow them to clear the consignment.  
(c) If the consignment is rejected, the consignment will be detaine d until outstanding 
requirements have been met, or disposal instructions have been formalised by the 
importer.  
(d) The Border Control Inspector will inform NamRA  of the rejection.  
4.3.6  The Border Control Inspector shall seal the approved carrying unit at the port of entry, 
and the seal shall be broken at the offloading point in the presence of the Compliance 
Inspector.  
4.3.7  Controlled agronomic and horticultural products shall be transported in clean, enclosed 
trucks or trailers to avoid contamination, wh ich could compromise quality and food 
safety.  
4.3.8  The consignment will be inspected at the inland offloading point by the Compliance 
Inspector.  
4.3.9  The facility, where imported controlled products will be stored, shall have a valid  
certificate of conformity  for a  horticultur al trading  facility  issued by the Board, and a 
certificate of fitness, issued by the local authority in the respective jurisdiction. Cold 
storage facilities shall have an additional certificate of registration  from Board , for the 
handling of perishable products.  
4.3.10  Inspection results will be recorded and:  
(a) Used to determine fitness for consumption or processing in Namibia.  
(b) Integrated into the M.I.S.  
(c) Retained for a minimum period of three  (3) years.  
4.3.11  On approval of the consignment, the Compliance Inspector will issue a certificate of 
approval to the importer, which will authorise the product to continue along the value 
chain.  
4.3.12  If the product does not meet the inspection requirements, the consignment  – or part 
thereof - will be rejected.  
4.3.13  If the consignment, or part thereof is rejected, the Compliance I nspector will issue the 
importer with a rejection report, clearly identifying the reasons(s) for rejection.  
4.3.14  The importer will be granted two (2) working days to provide the Board  with their 
intended disposal plan in writing for the products involved, which the Board  will review 
for acceptance.  
4.3.15  After approval of the disposal plan by the Board , the importer will be granted two (2) 
calendar days to execute the plan.  
4.3.16  Legible copies of all documentation used in the inspection process will be collated by 
the inspector and used for input into the AMID system  or any other system in use by 
the Board from time to time  and the M.I.S. , where applicable and then filed 
appropriately for a period of three (3) years.     
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  4.3.17  All documentation relevant to the importation of a controlled product shall be 
maintained by the importer for three (3) years and information required by Board  shall 
be submitted without delay.  
 
4.4 Requirements  pertaining to the importation of control led products for animal feed  
4.4.1  Importers of controlled grain crops (white maize, wheat and pearl millet) for the 
purpose of animal feed shall be required to obtain an i mport permit from the Board, as a 
condition to import.  
 
 
5. WITHDRAWAL OF REGISTRATION  
 
5.1 Registration as an importer will be withdrawn if:  
(a) The registered importer is found guilty of an offence in accordance with clause 
11 of these regulations.  
(b) The registered importer is declared insolvent in terms of the Insolvency Act (Act 
24 of 1936).  
(c) The registered entity ceases to exist, or the individual, who is registered, passes 
away.  
(d) If the importer fails to pay outstanding debt to the Board . 
(e) Found to be importing inferior quality products, or products which are proven to 
be unsafe for human consumption.  
 
 
6. SURVEILLANCE  
 
6.1 Surveillance inspections will be carried out by Compliance I nspectors to verify that the 
imported product is handled and st ored in a manner to ensure continued food quality 
and food safety.  
6.2 These surveillance inspections will either be planned with the storage, or retail facility, 
or could be unannounced. This decision is entirely at the discretion of the Board . 
6.3 Survei llance inspections could attract inspection costs and possibly travel, meal and 
accommodation costs, depending on the nature of inspection and the location of the 
inspection point.  
6.4 Importers are required to have traceability systems in place to ensure  that products, 
which are found to pose a food safety risk during surveillance inspection or by any other 
method, can easily be located and withdrawn from their places on retail shelves or in 
storage.  
 
 
7. LEVIES & FEES  
 
Levies and fees to be paid by the importer of controlled products shall be as follows:  
 
7.1 Importers of controlled products shall be required to pay a general levy  to the Board , 
which is a percentage of the landed cost, as prescribed and published in the Government 
Gazette from time to time.  
    
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  7.2 Fees shall be charged for the application and issuance of import permit for controlled 
products as determined by the Board  from time to time , where applicable . 
 
7.3 Additional fees for inspection, product sampling and testing analysis shall be charged  
to the importer , if and when the regulator has to conduct surveillance inspection for the 
purpose of confirming continuous compliance, as  determined from time to time.  
 
7.4 Where applicable, for the purpose of surveillance inspection, the costs associated with 
travel and accommodation shall be charged to the importer.  
 
 
8. CONFIDENTIALITY  
 
8.1 All employees of the Board are bound by confident iality and will not disclose any detail 
of communication, transactions or decisions, taken to a third party, save with the 
approval of the party involved.  
8.2 Importers shall respect the confidentiality requirements involved in import transactions 
and shal l not disclose any part of the process, including transactions and decisions, to 
third parties, save with the written approval of the Board . 
 
 
9. PROHIBITIONS  
 
9.1 The following controlled products are not allowed to be imported into Namibia for 
commercial trading, unless by special concession of the Board : 
 (a) White maize meal,  
 (b) Wheat flour, and  
 (c) Pearl millet flour . 
 
 
10. RESTRICTIONS  
 
10.1 Import restrictions  may apply to individual controlled products, groups of controlled 
products, class, grade and/or specific size groups of controlled products.  
10.2 The Board  will publish restrictions on their website on a regular basis.  
10.3 Permits will not be issued for controlled products under restriction and those which are 
planned for restriction within the duration of the requested permit application.  
 
 
11. OFFENCES & PENALTIES  
 
11.1 If a person imports controlled agronomic and/or horticultural products that does not 
comply with this regulation, the person commits an offence and on conviction is liable 
to a fine or imprisonment or to both such fine and such imprisonment.  
11.2 Any viol ations of these regulations shall be dealt with in accordance with Section 22 of 
Agronomic Industry Act , (Act  20 of 1992 ) and any other applicable rules and 
procedures issued in terms of the Act or Directives.  
11.3 The penalties applicable to offences are shown in table 13.3 – Annexure C.     
 
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 Regulations relating to the importation of controlled products: Agronomic Industry, Act, 1992  12. APPEALS  
 
All appeals on the decision of the Board  made in regard to these regulations, shall be made in 
accordance with Section 11 of the Agronomic Industry Act , (Act 20 of 1992 ) and the Appeals 
Procedure.  
 
 
13. ANNEXURES  
 
13.1 Annexure A – Registration as an importer – Application form  
13.2 Annexure B - Appeals procedure  
13.3 Annexure C - Offences and Penalties