1 
 STATUTORY  INSTRUMENTS  
 
 
2020 No ....  
 
 
The Uganda National Bureau of Standards ( Use of Distinctive Mark)  
Regulations, 20 20. 
 
(Under section 43 of the Uganda National Bureau of Standards Act, Cap 
327) 
 
 
IN EXERCISE    of the powers conferred upon the Minister responsible    for 
comme rce by  Section 43 of the Uganda National Bureau of Standards Act, and 
on the recommendation of  the National Standards Council, these  Regulation are 
made this …………….. day of   …………………  2020.  
PART I - PRELIMINARY  
1. Title.  
These Regulations may  be cited as the Uganda  National Bureau of  Standards 
(Use of Distinctive Mark) Regulations, 2020 . 
 
2. Interpretation.  
In these Regulations, unless the context otherwise requires - 
"Act" means the Uganda National Bureau of Standards Act, Cap 327;  
“activation” means  Declaration of usage of the distinctive marks in the Digital 
Tracking System.  
“affix” means  to stick / place the distinctive mark on the designated product.  
"applicant ” means  an importer or domestic manufacturer applying for use of a 
distinctive mark;   2 
 "Bureau ” means  the Uganda National Bureau   of Standards  established  under 
section 2 of the Act;  
"commodity ” means  any article, product or thing which is or will ultimately be 
the subject of trade or use;  
"compulsory standard  specification ” means  the standard specification declared  
under section 18  of the Act;  
"consignment"   means a batch of goods destined for or delivered an aggregation  
of commodities  made  under  a common system of causes and presented for 
inspection ; 
"currency point " has the value assigned to it in Schedule 1;  
Certificate of Conformity  (CoC) means  a certificate that  is given to products that 
meet a minimum set of safety, regulatory and technical requirements . 
"director ” means  the director of  the Bureau appointed under section 11    of the 
Act; 
"distinctive mark " means a mark declared as such under section 18 of the Act;  
"domestic manufacturer ” means a  person manufacturing a  commodity within  
Uganda:  
"distributor ” means  a person in the supply ch ain other than the manufacturer 
or importer, who    makes   a   commodity   covered   by a   compulsory   standard 
specification declared  under Section 18 of  the Act, available on  the Ugandan 
market;  
"importer ” means  a person who brings into Uganda a commod ity covered by a 
compulsory standard  specification declared  under Section 18 of the Act;  
"inspector ” means  a person appointed as  an inspector under  section 13 of  the 
Act; 
"inspection ” means  the examination of  commodity design, commodity, process 
or   its   installation    and   determination    of   its   conformity    with   specific 
requirements;  
"inspection   report ” means a report compiled by   an  inspector  detailing  the 
findings of the inspection;  
“manufacture” means to make, produce, process, treat,  assemble, alter, modify, 
adapt, convert, or treat;  
“manufacturer” means any legal, or natural person engaged in making, 
producing, processing, treatment, assembling, altering, modifying, adapting, 3 
 converting or any other operation in relation to commoditi es subject to standard 
specifications;  
“package” means a packet, bottle, sachet, container or similar material used for 
packing prescribed goods  
“Primary package”  material that first envelops the commodity  and holds it. This 
usually is the smallest unit of distribution or use and is the package that  is in 
direct contact with the contents.  
“Secondary package”  outside the primary packaging, and may be used to prevent 
pilferage or to group primary packages tog ether.  
“System” means the distinctive mark management system comprising of the 
equipment, software or hardware that enables tracking, tracing, production of 
and accounting for prescribed goods  
 
PART II - DISTINCTIVE     MARK ON A COMMODITY  
3. Distinctive Mark  
In accordance with Section 18 (1) (b) of the Act, the Mark declared by the Council 
as the distinctive Mark shall be the Q Mark in Schedule 2 to these regulations 
to be applied on commodities that comply with the requirements of the relevant 
compulsory Standard Specifications.    
 
4. Commodity to bear distinctive mark.  
 
1) All commodities  that are covered by compulsory standard specifications 
shall bear the Distinctive Mark d eclared under these regulations.  
2) 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 unless the 
commodity bears the distinctive mark specified in Schedule 2.  
 
PART III -APPLICATION  FOR A DISTINCTIVE MARK  
5.  Application for distinctive mark  
 
(1) A manufacturer, distributor, agent or importer of commodities in respect of 
which a compulsory standard specification is declared under Section 18 of 
the Act shall apply to the Council or person authorise d by Council . 4 
 (2) The Council or person authorised by Council shall before issuing distinctive 
marks;  
a) In the case of domestic manufacturer, require that the applicant have a valid 
permit to use distinctive Mark  
 b) In the case of imported goods, require  that the applicant possesses a 
Certificate of Conformity to Standards of commodities  
(3) Application for distinctive marks may be submitted before goods arrival in 
Uganda  
(4) An importer shall make an application in respect of each consignment.  
(5) The Council  or person authorised by Council may in any other instance 
authorize in writing any intending importer of the commodity to have the 
commodity so marked immediately on arrival in Uganda  
 
6. Distinctive mark fees.  
A domestic manufacturer, importer or agent shall purchase Distinctive Marks 
from the council or person acting under the authority of Council  from time to 
time at a fee that shall be as specified in Schedule 3 to these regulations.  
 
7. Terms of u se of distinctive marks  
 
1) Domestic manufacturers and importer s shall ensure that the commodities   
for which distinctive mark s have been granted conform    to the    
Compulsory Standard Specification s. 
2) An importer shall  ensure that  any record maintained in  relation  to the 
importation is  made available for inspection by an Inspector and  shall, at 
the request of  such officer , allow  the removal of  the record to  the premises 
of the Bureau for further scrutiny.  
 
8. Application of distinctive mark s on commodities  
 
(1) Domestic manufacturers and importers or their agents  shall affix  and 
activate  the distinctive Mark s only on commodities as per the terms and 
conditions for use of the Distinctive Mark  
 
(2) In case marking or sticking of the distinctive Mark on  commodity  is not 
possible  on the primary package , the Mark shall be affixed on a secondary 
package containing two or more primary package s. 5 
 (3) Commodities shall be so marked in a visible place as appropriate for the 
type of product or package, by placement of the Distinctive mark before  a 
commodity is placed on the market . 
(4) For purposes of this regulation, the application of distinctive mark shall  
be to enable authentication, accounting for production, tracking and 
tracing of the commodities and EAC recognition of notified Mark.  
(5) For purposes of this section, a commodity is deemed to bear the 
Distinctive mark if the Mark has been affixed and activated on the 
commodity . 
 
9. Place for affixing distinctive Mark s 
 
1) The Distinctive Mark s shall be affixed  and activated - 
a) in the case of domestic manufacture or repackaged goods on the commodities 
in the manufacturing or repackaging facility immediately after packaging;  
b) in the case of imported goods  that do not possess a CoC , on the commodities 
in a facility designated by the Council  within seven  days after clearance; and   
c) in the case of imported goods , on the    commodities in  the manufacturing  or 
designated facility within the exporting country   
2) A person   shall   not, except    with   the   approval   of   the Council  or 
person acting under authority of the Council remove goods from the place 
designated for affixing the Distinctive Mark, unless the goods have been 
affixed and activated with the Distinctive Mark s in accordance with this 
regulation.  
 
10.  Return of distinctive marks.  
(1) A manufacturer or importer shall re turn all unused Distinctive Mark s to the  
Council  or person acting under the authority of Council where they remain 
unused for the following reasons;  
a) the   manufacturer stops    manufacturing the    commodities;  
b) the Distinctive Mark  sticker    sheets or  reels are defective;  
c) the Distinctive Marks  have been declared    out of use by the  Council  or person 
acting under the authority  
d) the commodities    are not imported    or an importer    imports   a quantity   of 
commodities less than the quantity    of Distinctive  Mark s procured.  6 
 11. Accountability for distinctive  marks  
(1) A manufacturer, importer shall  account to the Council or person acting under 
the authority of Council for all the Distinctive Mark s received.  
(2) The accountability referred to in sub reg ulation (1) shall -  
a) specify the  number of  Distinctive Mark s used;  
b) specify the  number of Distinctive Marks  that are not used; and  
c) specify   the    number    of   Distinctive Marks    returned   under regulation.  
(3) Where    the Council  or person acting under the authority of the council is   
not    satisfied    with   the accountability of the Manufacturer or Importer, the 
Council  or person acting under the authority of the council shall  communicate 
to the  Manufacturer or Importer,  gi ving  reasons  for  the dissatisfaction and  
requiring  them to show  cause  within  30 days  after  receiving the 
communication , why administrative sanctions are not preferred against them . 
(4) The Council or person acting under the authority of the Council shall examine 
and verify a  Distinctive Mark that is  alleged to be  damaged, and if  satisfied that 
the Distinctive Mark is  damaged, shall off set  the damaged Distinctive  Marks 
from the Distinctive  Marks supplied . 
 
PART IV -  DISTINCTIVE MARKS MANAGEMENT SYSTEM  
12. Installation of new or modified system  
(1) A manufacturer or importer shall be responsible for the cost of Distinctive 
Mark s applicators, adjustments or adaptations of their equipment and premises 
necessary to install and integrate the new or modified system on each production 
and or packaging line.  
(2) Where a  manufacturer or importer is  required to  carry out  adjustments or 
provide information  required by  the Council  for the installation  of the new or 
modified system, the  manufacturer  or importer shall carry out the adjustments  
or provide the information  at least seven days before the date of  the installation  
of the new or  modified system.  
(3) Where a new or modified system is required the Council  shall notify the 
manufacturer or importers in writing at least 90 days  before the installation and 
integration of the new or modified system and the notice shall state: - 
a) the requirements for the equipment to facilitate use of the system  
b) the adaptive features required on each production line  7 
 c) the connectivity features and operating environment for  the installation and 
operation of computers and other equipment comprising the system; and  
d) the starting date of installation of the system  
 
13. Security and operation of the system.  
(1) A manufacturer or importer   shall be responsi ble for the security of the 
system  installed in  their premises.  
(2) A manufacturer or importer shall report to the Council or person acting under 
the authority of Council  any production line that is not operating immediately . 
(3) The Council or person acting under the authority of Council shall secure the  
production line that is  not operating, using a  security or other appropriate seal 
and shall  register the action in  the system.  
 
14.  Re-installation or removal of system  
 
1) A manufacturer     shall apply to the  Council  or person acting under the 
authority of Council  for re -installation or removal of the  system, as the 
case may  be on the occurrence of the following events - 
a) reactivation of inoperative production lines;  
b) deactivation of production lines;  
c) maintenance and  reallocation of production lines;  
d) installation of new production lines;  
e) acquisition or sale of industrial machinery and equipment; or  
f) change of premises  
(2) A manufacturer shall,  declare to the Council   or person acting under the 
authority of Council at least 30 days i n advance of the start of production  of  
new brands  of commodities  or stock keeping units  or of any change  in the 
graphic art of existing  ones,  together  with the corresponding  packages  and 
labels.  
PART V - GENERAL  
15. Exemptions from application of distinctive mark  
The following shall be exempt from appl ication of the distinctive mark  8 
 1) Commod ities whose Free on Board (FOB) value does not exceed US $ 1000 
with the exception of food, baby products, cosmetics, tungsten filament 
bulbs, electric cables, compact fluorescent lamps, portable socket outlets 
or extension sockets, flat irons, electric ke ttles, solar lanterns, energy 
saving bulbs, solar  battery chargers, solar panels, electric plugs, water 
heaters, electric sockets, electric switches, electric blenders, shovels, 
garden hoes and machetes. Government    project   specific   commodities    
whose   procurement    has an  inbuilt    or   demonstrated    quality    
assurance     system    that   guarantees conformity to  national standards  
2) Raw materials    imported   for use in a manufacturing   process and not 
for sale 
3) Diplomatic cargo brought for personal or office use and supported by a 
diplomatic note issued by the Ministry of Foreign Affairs  
4) Personal   effects of  returning residents  and expatriates  
5) Commodities manufactured in a Partner State of the EAC with a valid 
certification permit and beari ng a notified product certification mark 
(certified against EAS)  
6) Industrial   machinery   and spare   parts brought   in for a manufacturing 
process  and not for sale  
7) Agricultural machinery, mining machinery and related spare parts which 
are not for sale  
8) Classified military, police and prisons hardware and equipment.  
9) Bibles, Qurans and religious materials  
 
16. Seizure of distinctive marks, equipment or commodities  
 
1) The Council  or person acting under the authority of Council  may seize 
Distinctive  Mark  stickers , equipment  or commodities  or as the case may 
be where the Distinctive Mark s are: - 
a) forged:  or 
b) found in the possession   of a person not being  the person  to whom the 
Distinctive Mark s were supplied  
c) the equipment  or plant is used in the manufacture of forged Distinctive Mark s; 
e) The commodities    bear Distinctive Mark s affixed   in a manner   that  is   
inconsistent with these Regulations; or  
f) The domestic manufacturer does   not   bear a  valid permit to use th e 
Distinctive Mark s 
 9 
  
17. Administrative Sanctions  
 
1) The Bureau shall, in respect of non conforming distinctive marks, 
equipment or commodities have power to do  inter alia the following —  
(a) stop further production;  
(b) seal or lock the premises;  
(e) order a withdrawal of the products from the market;  
(f) order reshipment;  
(g) order for corrective action;  
(i) order destruction;   
(j) stop any further sale;  
(k) stop importation; and  
 (l) make any other order necessary to give to effect to the obj ectives of this 
section.  
18.  Offences.  
(1) Any person who - 
(a) applies  the distinctive m ark on a commodity covered by compulsory standard 
specifications without a valid permit to use the distinctive mark or not being 
authorized to do so ;  
(b) applies  a  distinctive   mark   except  in accordance  with  the conditions of a 
valid permit  to use the distinctive mark ; 
(e) refuses to produce before an inspector any document, commodity, material, 
ingredient, component or substance which  is required under these Regulations;  
(f) obstructs, assaults   or insults  an inspector  or person   assisting the inspector 
in the performance of his or her duty;  
(g) fails to comply with any reasonable requirement made of him or her by an 
inspector  to ena ble the inspector to perform his or her duties under these 
Regulations;  
(i) wilfully removes, destroys or  renders illegible  or undecipherable or  incapable 
of identification any document, mark or writing with a  view to   preventing    it   
from   being   u sed   as   evidence    in   any investigations under these 
Regulations,  10 
 commits an offence and shall on conviction be liable to a fine not less than five 
hundred currency points and not exceeding two thousand five hundred currency 
points or imprisonment no t less than  two years and not exceeding five  years or 
both.  
In the case of a second or subsequent offence to a fine of not less than two 
thousand five hundred currency points  and not more than ten thousand 
currency points or imprisonment not less than thr ee years and not exceeding six 
years or both.  
19. Transitional provisions  
These regulations shall not apply to domestic manufacturers in respect of 
permits subsisting immediately before the commencement of these regulations.  
20. Commencement  
These regulations shall come into force on a date appointed by the Minister by 
notice in the Gazette . 
21. Repeal  
These regulations repeal the THE UGANDA NATIONAL BUREAU OF 
STANDARDS (USE OF DISTINCTIVE MARK) REGULATIONS, 2018.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 11 
 SCHEDULE I  
 
  
 
 
CURRENCY POINT  
 
One currency point is equivalent to twenty thousand shillings  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 12 
  
Schedule 2  
 
Qmark  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 13 
 Schedule 3  (Regulation 6) 
 
Fees – 49.56/ per distinctive  Mark