Using bhang as herbal medicine 

One of the herbal medicines commonly used in our local community to treat diseases is bhang. It is used in various forms depending on the nature of illness and it efficiently heals many diseases. Is it an offence to use bhang specifically to treat a diseases without abuse of it?
KF, Arusha

Section 12 of the Drug Control and Enforcement Act, 2015 vests the Drug Control and Enforcement Authority with power to make regulations that permit and regulate, among other things, the use of cannabis sativa for medical purposes. However, the DCEA is yet to make the regulations to permit and control the use of bhang as herbal medicine. To date the consumption of bhang in form is an offence under section 18(1) of this Act. It is a professional misconduct and contrary to regulation 18(1)(f) of the Traditional and Alternative Medicine (Code of Ethics, Conduct and Practice) Regulations, 2008 for a traditional healer to prescribe a narcotic drug as herbal medicine to a patient.

Even section 78 of the Tanzania Medicine and Medical Devices Act [Cap 219 R.E 2021] criminalises the use of bhang for medicinal purposes unless the herbal medicine is registered with the TMDA after its efficacy and safety have been scientifically proved. Bhang has not been registered by TMDA as a medicinal drug or herbal drug so no medical practitioner can prescribe it and no traditional health practitioner can prescribe it for treatment of any disease, though it might have been used in some local communities for decades as herbal medicine. In short and based on the above, it is an offence to use Bhang in any form for treatment of a disease.

Local content and tendering of mining procurement

I am director of a company incorporated in France that engages in servicing mining sectors in different parts of Africa. We plan to establish a business in Tanzania’s mining sector and came across Tanzania’s Mining (Local Content) Regulations of 2018 where I find that preference should be given to locally-obtainable goods and services. There is also a provision of tendering requirements. Does everything need to be tendered? I find this quite awkward. 
PP, France

There is nothing awkward about these Regulations. These Regulations are in line with what other countries are also doing to ensure that the local communities and people fully benefit from their resources.

The Regulations apply to the contractors, subcontractors, licensees, corporations and other allied entities carrying out mining activities. They impose various conditions regarding tendering procedures by which preference is given to local goods, services and producers; ensuring all contractors and subcontractors comply with local content requirements; and reporting requirements regarding compliance to the regulations. As such, every entity carrying out mining activities should ensure that local content is a component of such activities. The Regulations respond to Tanzania’s Mining Policy which intends to capacitate local population, thus augmenting the sector’s contribution to national development, in terms of employment and training of Tanzanians and procuring local goods and services.

To comply with local goods and services preference requirements, tendering is required with a view to ensuring that Tanzanians are aware of the goods and services required and are given the opportunity to service the sector. Despite the requirement, the Regulations, vide regulation 16, do not necessitate tendering everything. Goods or services can be procured through sole sourcing. The contractors, subcontractors, licensees or allied entities must inform the Mining Commission, in writing, of each proposed contract or purchase order which is to be sole sourced if such proposed contract or purchase order relates to mining activity. With sole sourcing, the value of the proposed contract or purchase order is irrelevant, provided that such contract or order relates to mining activities. There are no criteria by which sole sourcing or competitive bidding modes apply. Therefore, it appears optional to procure goods and services through either sole sourcing or competitive bidding, only that notifying the Mining Commission under competitive bidding procedure, the value of the proposed contract or purchase order is material. The value of the contract or purchase order is irrelevant under sole sourcing mode. However sole sourcing should not be used to circumvent the Regulations and/or inflating prices for various supplies as has been noticed in the past. We recommend you also engage with the Mining Commission for more information.

Control of safety and quality of face masks

Since the corona outbreak nearly two years ago, there have been many local entrepreneurs who are making face masks and selling them. Are there laws or regulations made by the relevant Ministry to regulate the safety and quality of masks that are produced locally? Is local production of masks really regulated to ensure our safety? 
TN, Mwanza

Masks are a medical device in terms of the Tanzania Medicine and Medical Devices Act [Cap.219 R.E 2021] and the Pharmacy Act, 2011 because they are used for prevention of diseases. Therefore, safety and quality of masks locally produced are under statutory control though there might be some relaxation in enforcement of the law.

Regulation 6 of the Tanzania Medicine and Medical Devices (Control of Medical Devices) Regulations requires all local manufactures of masks to be registered with the Tanzania Medicine and Medical Devices Authority. Additionally, masks produced by the local producer should also be registered with TMDA and the premises where the masks are produced or stored for distribution should be registered with TMDA. TMDA can only issue a licence to produce masks where it is satisfied with the quality and safety of the masks being produced. In exercising its power, TMDA has power to prescribe the quality of the masks to be produced and it is an offence under section 59(2) of the Act to produce masks that are below the qualities prescribed by the TMDA.

In 2020 the TMDA issues the Guidelines prescribing the qualities to be met by local manufacturers of masks. The Guidelines prescribe about eight qualities of the masks other than surgical masks. The Minister for Health has power under the law to prohibit production of masks if he/she is of the view that certain masks endanger life of the people. Hence, there is a legal framework for enforcement of the quality and safety of the locally produced masks.