C.558
Statutory Instrument No. 78 of 2008
STANDARDS ACT
(Cap. 43:07)
STANDARDS (IMPORT INSPECTION) REGULATIONS, 2008
(Published on 12th September, 2008 )
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation2. Interpretation
3. Application
4. Testing5. Testing after release of commodity
6.  Certification
7.  Lost certificates8. Conditional release certificate
9.  Power to revoke certificate
10. Substandard products11.Disposition of samples
12. Appeals
SCHEDULESSCHEDULE ISCHEDULE II
IN EXERCISE of the powers conferred by section 16 of the Standards Act on the Minister
of Trade and Industry, and after consultation with the Standards Council, the following
Regulations are hereby made —
1.These Regulations may be cited as the Standards (Import Inspection)
Regulations, 2008.
2.In these Regulations, unless the context requires —
“bill of lading” means a document issued by a carrier acknowledging that
specified goods have been received on board a vessel as cargo for
conveyance to a named place for delivery to a known or identifiable
consignee;
“Bureau” means the Botswana Bureau of Standards established under section
3 of the Act;
“client contact officer” means an officer appointed by the Bureau to serve as
the primary contact between the Bureau and an applicant or holder of a
certificate;
“compliance certificate” means a certificate issued by a recognised body,
verifying compliance of a batch or product in respect of which it has
been issued to a recognised prescribed standard;
“conditional release certificate” means a certificate issued by the Bureau to an
importer allowing the release of an imported commodity from the custody
of customs officials after compliance with customs requirements while
awaiting the issuance of a compliance certificate by the Bureau;
“Director” means the Managing Director of the Bureau;Citation
InterpretationC.559
“inspector” means a person who has been appointed as such by the Minister in
terms of section 13 of the Act;
“note of recognition” means a letter issued by the Bureau recognising a product
certification issued by a recognised body to —
(a)an importer;
(b)an agent; or
(c)a representative of a foreign  company which has been certified
as compliant with quality standards set in relation to commodities;
“prescribed standard” means a national, regional or international standard
specified by the Bureau in relation to a particular commodity;
“recognised body” means a body recognised by the Bureau as competent for
checking and verifying that a commodity conforms to the requirements
of the prescribed standard set in relation to that commodity;
“standard mark” has the same meaning assigned to it under section 2 of the
Act; and
“test report” means a document issued by an accredited testing facility and
conforming to the requirements of ISO/IEC 17025.2005.
3.(1) A person shall not import any commodity prescribed under Schedule
I unless the person has applied for and has been issued with a compliance
certificate in respect of that commodity.
(2) An application for a compliance certificate shall be made to the Bureau
at least two weeks prior to the arrival of the commodity, in the form set out in
Form A of Schedule II and shall be accompanied by —
(a)such number of samples of the commodity as the Bureau or other testing
authority appointed by the Bureau may require for testing;
(b)identification details of the batch;
(c)an application fee of P50.00; and
(d)an  inspection fee which shall be the equivalent of the expenses
incurred by an inspector for the purpo ses of —
(i) attending at the place where the inspection is to be carried out
and returning from that place,
(ii) accommodation while attending at the place where the inspection
will be carried out,
(iii) carrying out the inspection,
(iv) carrying out any tests, and
(v) any other costs relating to the inspection.
(3) The applicant shall, where the Bureau so requests, submit the following
documents together with the application to the Bureau –
(a)the packing list;
(b)the document reflecting the port of entry through which the commodity
is to be imported;
(c)an invoice or proforma invoice relating to the commodity in respect of
which a compliance certificate is sought;
(d)the bill of lading or airway bill;
(e)the compliance certificate from the country of origin of the commodity; and
(f)such other documents as the Bureau may require.
(4) On receipt of an application made in terms of subregulation (2), the
Bureau may require that the whole batch of the commodity in respect of which a
compliance certificate is sought, be availed to an inspector for the purpose of —
(a)selecting samples for testing; or
(b)obtaining any other related information that may be considered relevant
to the application.ApplicationC.560
(5) In processing an application made in terms of this regulation, the Bureau
shall consider —
(a)in the case of a commodity in respect of which a compliance certificate
has been issued from the exporting country, whether the quality as
revealed by the compliance certificate conforms to standardspecifications relating to the commodity or a foreign standard recognised
by the Bureau;
(b)in the case of a commodity in respect of which no compliance certificate
has been issued from the exporting country, the results from the sampling
and testing of the commodity carried out by the Bureau.
(6) The Bureau shall consider an application made to it in terms of this
regulation, within 14 days.
(7) Where the manufacturer of a commodity being imported into Botswana
is licensed to use the standards mark by the Bureau, the importer shall not berequired to apply for a compliance certificate in respect of that commodity.
4.(1) An import consignment shall be sampled by an inspector and evaluated
by a duly authorised officer of the Bureau, to determine the consignment’scompliance with the requirements of the relevant prescribed standard.
(2) Where a bilateral agreement has been entered into between the Bureau
and the exporting country’s recognised certifying body to do inspection on behalfof the Bureau, the Bureau shall issue a note of recognition in respect of the
commodity tested by the said body without collecting samples for evaluation.
(3)Where it is impractical or difficult to obtain at the port of entry, samples
of an imported commodity, or it is unlikely that the results of testing will be
obtained within 20 days, the importer may support his or her application with a
test report
5.(1) The Bureau may take random samples for testing from a consignment
before or after the release of the consignment.
(2) Where the randomly picked samples revealing consistencies of the actual
quality of the commodity with the quality as reflected in the test certificatesissued in the country of origin of the commodity —
(a)the Bureau may direct that the consignment of the commodity be dealt
with in terms of regulation 10; or
(b)any subsequent consignments of the said commodity from that country
may be subjected to individual consignment sampling and testing by
the Bureau regardless of the certification abroad.
(3) Testing and sampling referred to under subregulation (1) shall continue
until such time that consistent quality of the test certificates issued by the country
of origin is re-established to the satisfaction of the Bureau.
6.(1) The Bureau shall not issue a compliance certificate to an applicant
where the applicant does not satisfy the requirements of regulation 3, and shall
within 14 days of its decision, notify the applicant of that decision.
(2) Where the imported commodity complies with the prescribed standard
set by the Bureau or an international or foreign standard recognised by the
Bureau, the Bureau shall, upon payment by the applicant, of a certification feeof the greater of P100, 00 or  0.1 per cent of the value of the imported commodity,
issue a compliance certificate for each consignment as may be reflected on the
bill of lading or airway bill.Testing
Testing after
release ofcommodity
CertificationC.561
(3) A compliance certificate issued in respect of any consignment shall be
valid only in respect of a sample obtained from that particular consignment.
(4) A compliance certificate issued in terms of subregulation (2) shall be
signed by the Director or client contact officer  or any officer of the Bureau
authorised in writing, by the Director.
7.(1) A person whose compliance certificate or conditional release
certificate is lost, destroyed or defaced, may apply to the Bureau for a duplicate
compliance certificate or duplicate conditional release certificate as the casemay be.
(2) An application for a duplicate compliance certificate or duplicate
conditional release certificate shall be in the form set out in Form B of Schedule II,and shall be accompanied by a fee of P50.00.
8.(1) Where an applicant has complied with customs requirements but the
Bureau considers that —
(a)it is necessary to carry out extensive inspection and testing of the
consignment; and
(b)the testing referred to under paragraph ( a) may take more than twenty
working days due to the nature of testing specifications and
procedure, the Bureau may issue the applicant with a conditional release
certificate for the release of the consignment to an  address specified inthe conditional release certificate.
(2) No person shall, pending issuance of a compliance certificate, distribute,
sell, use or transfer a consignment of any commodity either in part or in wholeto any person or place other than the person or place specified in the conditional
release certificate.
(3) A person who contravenes the provisions of subregulation (2) commits
an offence and is liable to a fine not exceeding P5, 000.00 or to  imprisonmentfor a term not exceeding 3  years or to both.
9.(1) The Bureau may revoke a certificate issued under these Regulations
where —
(a)subsequent testing of a commodity which has alrea dy been released
into the market reveals that the quality of the commod ity does not meet
the prescribed standard in respect of the said commodity; or(b)the certificate holder has contravened the provisions of these Regulations.
(2)Where the Bureau decides to revoke a compliance certificate or
conditional release certificate, the Director shall issue written notice to thecertificate holder —
(a)stating that the commodity in respect of which the certificate has been issued,
does not meet the prescribed standard in respect of the commodity; or
(b)stating the manner in which the certificate holder has contravened the
provisions of the regulations; and
(c)in a case where the certificate holder has contravened the provisions of
the regulations, allowing the certificate holder 14 days within which to
comply with the requirements of the regulations.
(3) Where the certificate holder does not, within 14 days of the written
notice, comply with the requirement which led to the notice to revoke being
issued, the Bureau shall revoke the certificate.
(4) Where the Bureau revokes a certificate in terms of subregulation (2),
the certificate holder shall forthwith discontinue use of the certificate and shall
return the certificate to the Bureau.Lost
certificates
Power to
revokecertificateConditional
releasecertificateC.562
10.(1) A person shall not unload for the Botswana market, any commodity
which does not meet the relevant prescribed standard.
(2) The Bureau may direct that any commodity which does not meet the
relevant prescribed standards referred to under subregulation (1), be re-exported
to the country of origin or retained and disposed of within Botswana.
(3) The applicant shall, in disposing of a commodity in terms of
subregulation (2), take measures that guard against the disposal having a
negative impact on the environment, and shall carry out such disposal underthe supervision of the Bureau or authority responsible for the protection of the
environment.
(4) The cost of re-exportation or disposal in terms of this regulation, shall
be borne by the importer.
(5) A person who contravenes the provisions of this regulation commits an
offence and is liable to a fine not exceeding P5, 000.00 or to  imprisonment fora term not exceeding 3 years or to both.
11.(1) The Bureau shall retain all samples of any commodity drawn from
a consignment for testing, for at least two weeks from the date of issuance of acompliance certificate or notifying an applicant of the Bureau’s decision not to
issue a compliance certificate, as the case may be.
(2) The importer of the samples shall collect the samples from the Bureau
at the end of two weeks, failing which, the Bureau may dispose of the samples
as it considers appropriate.
12.(1) A person who is aggrieved by a decision of the Bureau may, within
14 days of notification of that decision, appeal to the Council in writing.
(2) The Council shall, within 14 days of receipt of an appeal made in terms
of subregulation (1) make a decision on the matter and inform the appellant, inwriting, of the Council’s decision.
(3) A person aggrieved by a decision of the Council may, within 30 days of
notification of that decision, appeal to the Minister.
(4) The Minister shall, within 14 days of receipt of an appeal made in terms
of subregulation (3), decide on the matter and inform the appellant of the
Minister’s decision.Disposition
of samples
AppealsSubstandard
productsC.563
SCHEDULE I
(Reg. 3 (1))
LIST OF PRESCRIBED PRODUCTS AND APPLICABLE STANDARDS
             PRODUCT  REFERENCE STANDARD
FOOD AND AGRICULTURE
1. Cattle Feeds BOS 25: 2000 Animal Feeding Stuff- Cattle Feeds Specification
2. Chicken Feeds (Layers, BOS:8 1 999 Poultry Feeds – Part 1: Chicken Feeds:–Specification
Broilers and Breeders)
3. Raw Cow’s Milk BOS 64:2003 Raw Cow’s Milk (Intended for Further
Processing) Specification
4. Pasteurized Cow’s Milk BOS 72:2003 Pasteurized Cow’s Milk Specification
5. Yoghurt from Cow’s Milk BOS 92:2004 Fermented Cow’s Milk Products- Yoghurt, Sour
Milk (Madila) and Buttermilk-Specification
6. Sour Cow’s Milk BOS 92:2004 Fermented Cow’s Milk Products-Yoghurt,
Sour Milk (Madila) and Buttermilk Specification
7. Buttermilk from Cow’s M ilkBOS 92:2004 Fermented Cow’s Milk Product-Yoghurt, Sour
Milk (Madila) and Buttermilk–Specification
8. Sorghum BOS 26:2000 Cereals -Sorghum Grains for Human
Consumption – Specification
9. Pulses (Beans) BOS 201:2006 Cereal and Pulses-Certain Pulses-Specification
10. Peanut Butter CKS 339:1977 Specification for Peanut Butter
11.Canned Fish, Canned SANS 587:2005 Canned Fish, Canned Marines Molluscs
Marine Molluscs and and Canned Crustaceans and Products Derived there from
Canned CrustaceansC.564
ELECTRICAL
1. 13 AMPS Fused Plugs BOS 41 - 1:2001 13 A Plugs, Socket-Outlets, Adaptors and
Connection Units-Part 1: Rewirable and Non-Rewirable 13 A
Fused Plugs-Specification
2. 13 AMPS Switched  and BOS 41 - 2:2001 13 A Plugs, Socket-Outlets, Adaptors and
Un-Switched Socket – Connection Units-Part 2: Switched and Unswitched Socket –
Outlets-Specification Outlets–Specification
3. 13 AMPS Adaptors BOS 41 - 3:2001 13 A Plugs, Socket-Outlets, Adaptors and
Un-Switched Socket-C onnection Units-Part 3-Adaptors
Specification
4. Electric Iron BOS IEC 60335-2-3 ED5.0:2002 Household and Similar
Electrical  Appliances-Safety - Part 2-3: Particulars Requirements
for Electric Irons
MECHANICAL
1. LPG Regulator SANS 1237:2007 Single-Stage Regulators for Liquified
Petroleum Gas (LPG)
CHEMICALS AND CONSTRUCTION
1. Plastic Bags BOS 186:2006 Plastic Carrier Bags and Flat Bags -Specification
2. Cement BOS ENV 197:1992 Cement:Composition, Specification and
Conformity Criteria - Part 1:Common Cements
GENERAL1.Pre-Packages BOS 9:2000 Prepackaged Goods for the Ultimate Consumer:
Labelling, Presentation and Advertising - General RequirementC.565
SCHEDULE II
(reg. 3 (2) and 7 (2)
   BOTSWANA BUREAU OF STANDARDS
Member of International Organization for Standardization (ISO)
      Plot No. 55745, Main Airport Road, Block 8, Gaborone, Private Bag BO 48, Gaborone, Botswana
                                Tel: (+267) 3903200, Fax: (+267) 3903120, E-mail: infoc@hq.bobstandards.bw
      All correspondence to be addressed to the Managing Director
FORM A
Please complete and return to the Managing Director, BOBS
APPLICATION FOR A COMPLIANCE CERTIFICATE
We hereby apply for a compliance certificate in respect of the type of product(s) described below.
1. Details of the Applicant
Registered Name of the Business:  ...................................................................................Name of your contact person:       ............................................................................................ .
Postal Address of the Business:     ....................................................................................Telephone  (         ) .................   Facsimile   (        )  .................  Email:  ..............................
Physical address       ........................................................................................................ ...
2. Details of the Product
Product:....................................................................................................................... ......
Type:.......................................................................................................................... ........
Size(s):....................................................................................................................... .......
Grade:......................................................................................................................... .......
Trademark:..................................................................................................................... ...
Number and title of the relevant standard: ........................................................................Certificate number ............................................................................................................
3. Value and Quantity of the consignment
Quantity: ..................................................................................................................... ......
Total Value: .................................................................................................................. .....
Our company undertakes to pay the prescribed fees and to abide by the terms and conditions of
the Standards Import Inspection Regulations.
Applicant’s name:.................................................................  Designation:............................... ..
(Full name of a person authorised to make declarations on behalf of the company)
...................................................................... ........................................................
 (Signature of the applicant) (Date: year/month/day)C.566
BOTSWANA BUREAU OF STANDARDS
 Member of International Organization for Standardization (ISO)
       Plot No. 55745, Main Airport Road, Block 8, Gaborone, Private Bag BO 48, Gaborone, Botswana
                                Tel: (+267) 3903200, Fax: (+267) 3903120, E-mail: infoc@hq.bobstandards.bw
      All correspondence to be addressed to the Managing Director
FORM B
Please complete and return to the Managing Director, BOBS
APPLICATION FOR A DUPLICATE COMPLIANCE CERTIFICATE/ DUPLICATE
CONDITIONAL RELEASE CERTIFICATE
We hereby apply for a duplicate compliance certificate/duplicate conditional release
certificate for the product(s) described below.
1. Details of the Applicant
Registered Name of the Business:  ..........................................................................................
Name of your contact person:           ........................................................................................ ..
Postal Address of the Business:     ........................................................................................... .
Telephone  (         ) ...............   Facsimile   (        )  ..........................  Email:  .......................... ....
Physical address       ........................................................................................................ ..........
2. Details of the Product
Product:....................................................................................................................... .....
Type:.......................................................................................................................... ........
Size(s):....................................................................................................................... .......
Grade:......................................................................................................................... .......
Trademark:..................................................................................................................... ..
Number and title of the relevant standard: .......................................................................
Certificate number ............................................................................................................ ......
3. Value and Quantity of the consignment
Quantity: ..................................................................................................................... .......
Total Value: .................................................................................................
We understand the conditions for import inspections as stated in the Standards (Import Inspection) Regula tions.
Our company undertakes to pay the prescribed fees and to abide by the terms and conditions of
the Standards (Import Inspection) Regulations.
Applicant’s name:.......................................................  Designation:......................................... ..
       (Full name of a person authorised to make declarations on behalf of the company)
.................................................................... ........................................................... ...
(Signature of the applicant)        (Date: year/month/day)
DATED this 5th day of August, 2008
N. MOROKA
Minister of Trade and Industry.