JAIL TERM FOR BREACHING DAIRY REGULATIONS

MBABANE – The final dairy regulations have been gazetted and they come with stiff fines for offenders.

In exercise of the powers conferred by section 32 of the Dairy Act, 1968, the Minister for Agriculture, Jabulani Mabuza made the regulations. They have been published in the Eswatini Government gaazzette through Legal Notice No. 211 of 2021. Eswatini Dairy Board (EDB) had just published them on their website. Some of the offences are related to permits of import, export, emergency, transit, invoices, declaration forms and licences.  A person who fails to provide a permit for import, export, emergency, transit or an invoice, declaration forms and licences to the Board or relevant authorised officer commits an offence and shall be liable on conviction to a fine not exceeding three times the invoice value or to imprisonment for a term not exceeding three years.

“A person who provides a permit for import, export, emergency, transit or an invoice, a declaration form or a licence otherwise than as is provided for under these regulations commits an offence and shall be liable on conviction to a fine not exceeding three times the invoice value or to imprisonment for a term not exceeding six years, or both,” reads Article 120 (2) of the regulations. There are also fines related to failure to submit a permit. A person who fails to submit a permit or any other document under these regulations within fifteen days of being so required commits an offence and shall be liable to a fine not exceeding three times the invoice value of the previous submitted permit or to a term of imprisonment not exceeding 12 months.

“A person who fails to pay a levy when due commits an offence and shall be liable to a fine not exceeding three times the invoice value or to imprisonment for a term not exceeding six years, or both,” reads the regulations in part. A person who fails to pay for a permit and a licence fee when due  will also be commiting an offence and  will be liable to a fine not less than three times the invoice value or to imprisonment for a term not exceeding three years or both.

Smuggling

When it comes to smuggling of products, there are also stiff fines that include a jail term. A person who smuggles a dairy product commits an offence and shall be liable to a fine not exceeding three times the invoice value of that product or to imprisonment for a term not exceeding six years, or both.  In addition to imposing a penalty, the goods smuggled shall be confiscated by the Board. Confiscated products shall be disposed off in any manner the Board deems fit. Failure to maintain proper records also attracts a fine. A person who, whether deliberate or reckless, fails to maintain proper records under the regulations commits an offence and shall be liable on conviction to a fine not exceeding five per cent of that person’s annual total revenue or to imprisonment for a term not exceeding six years.

“A person who fails to provide the Board or authorised officer with all reasonable assistance as required by these Regulations commits an offence and shall be liable to a fine not exceeding E10 000 or to imprisonment for a term not exceeding three years. A person who knowingly uses a false licence and a permit number, including the licence and a permit number of another person, commits an offence and, shall be liable on conviction to a fine not exceeding three times the invoice value of that person’s correct previous permit or to imprisonment for a term not exceeding three years, or both,” further reads the article.

Meanwhile, this publication recently reported about several opportunities in the dairy value chain. The dairy industry makes a large and growing contribution to the economy in Eswatini.
The local dairy industry is lucrative in nature presenting a number of investment opportunities for both domestic and foreign investment. The country is among the African countries with a high consumption per capita of dairy products (90Lt/Capita/Annum) which present enormous investment opportunities in the locally dairy industry. The country also has a comparative advantage in agriculture with good climatic conditions and access to both regional and international export markets. Despite the high consumption per capita, the country remains a net importer of dairy products with approximately over 80 per cent of locally consumed dairy products imported mainly from the Republic of South Africa (RSA).

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