3.53.  Since the previous Review in 2009, there have been no significant changes to the sanitary and phytosanitary (SPS) requirements in Zambia. The legislation related to the SPS regime in Zambia includes mainly: the Food and Drugs Act of 1994, the Plant Pests and Diseases Act of 1994, the Noxious Weeds Act of 1994, the Public Health Act of 1933, the Control of Goods Act, and the Animal Health Act of 2010. The Plant Protection Bill is still under preparation

3.54.  The ministries in charge of agriculture, fisheries and livestock, and health are the main institutions responsible for SPS-related issues. Zambia is a member of the Codex Alimentarius Commission and the World Organisation for Animal Health (OIE), and a signatory to the International Plant Protection Convention (IPPC). During the review period, no trade concerns were raised in the SPS Committee with regard to Zambia.[32] The latest notification by Zambia on SPS issues was submitted in 2000

3.55.  Zambia is affiliated to the WTO, SADC, and COMESA in the areas of SPS and standards issues. SADC member countries are now preparing a SADC pest list, and Zambia has been participating in this process. ZARI (Zambia Agriculture Research Institute), together with equivalent agencies in other SADC countries, participated in the formulation of a regional position for the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS). COMESA has been assisting Zambia in applying an STDF (Standards and Trade Development Facility) tool since 2011, to help prioritize SPS investment options while recognizing that resources are generally insufficient. COMESA countries are also preparing a COMESA pest list. The Plant Quarantine and Phytosanitary Service (PQPS), under ZARI, participated in SPS awareness programmes under Pan-SPS COMESA. Zambia, together with some other countries in the region, obtained training on how to apply the phytosanitary capacity evaluation (PCE) tool sponsored by the Africa Solidarity Trust Fund (ASTF), which is implemented by the FAO

3.56.  Importers of animals and animal products, plants and plant products, and food products must obtain an import permit (Table 3.10). For imports of animals and animal products, veterinary certificates issued in the country of origin are required. For imports of plant and plant products, phytosanitary certificates issued in the country of origin are required

3.57.  Animal standards and hygiene are based on OIE norms. The Department of Veterinary Services regulates the import and export of livestock, livestock products and by-products using the OIE risk analysis and management principles and methodologies. All imports of livestock and livestock products must be inspected by the Department of Veterinary Services upon arrival in Zambia. Importers must obtain an agricultural import permit. The veterinary authorities of the exporting country issues a veterinary certificate. All livestock must be subject to pre-departure quarantine in the country of origin, and post-arrival quarantine upon arrival in Zambia. The duration of quarantine is specified on a case-by-case basis. All exports of animals and animal products are subject to a veterinary certificate

3.58.  The imports of plant and plant products are inspected by plant health inspectors at the border, using the PQPS standards. Inspections involve documentation checks and physical checks. Quarantine requirements are specific to the plant or plant product as well as to the originating country, depending on the results of pest risk analysis

3.59.  Phytosanitary requirements are based on IPPC requirements. The Agribusiness and Marketing (ABM) Department, under the Ministry of Agriculture, is responsible for issuing agricultural import/export permits for plants and plant products. These permits stipulate what other documents, such as phytosanitary certificates, are required. ZARI, through the PQPS and the National Plant Protection Organization (NPPO), is responsible for issuing phytosanitary certificates for exports, plant import permits, and non-GMO certificates. These permits are issued by Plant Health Inspectors or customs officials at the border

3.60.  The fees consist of the following: K 30 per phytosanitary certificate and K 50 per 30 million tonnes for the import permit, K 150 per inspection, K 800 for fumigation (first registration) or K 600 for fumigation (renewal), K 200 for nursery registration, K 500 for treatment facilities, and K 500 for tobacco premises

3.61.  The Seed Control and Certification Institute (SCCI) is responsible for enforcing the Plant Variety and Seeds Act (Cap 236). The Act provides for regulation and control through variety testing and release, production and marketing of seed, import and export of seed, seed quality control, and coordination of the seed industry

3.62.  The Ministry of Health, under the Food and Drugs Act and the Public Health Act, is responsible for import controls of food and food products at the border. The Food Safety Unit under the Ministry of Health is the focal point of the Codex Alimentarius. Health inspectors carry out physical inspections on food imports, check whether the import consignment is accompanied by appropriate permits, test samples in the case of salt (for iodine) and sugar (for vitamin A) imports, and verify labelling standards. For fresh fruits and vegetables, permits are issued and sampled for residues of pesticides by the Food and Drug Laboratory in Lusaka

3.63.  The Ministry of Health is responsible for export clearance for pre-packed foods. Health inspectors at the border check whether the consignment is accompanied by a Health Clearance Certificate issued by the Head Office in Lusaka. This Certificate is valid for six months, and it takes from 3 to 5 days to obtain such a certificate. There is no charge for health certificates, although a proposal has been made to charge for this service

3.64.  According to ZARI, genetically-modified organisms may be allowed to be imported into Zambia, subject to approval from the National Biosafety Authority in line with the National Biosafety Act No. 10 of 2007

3.40.  The Zambia Bureau of Standards (ZABS), under the MCTI, is the statutory national standards body established under the Standards Act, Cap 416 of 1994 of the Laws of Zambia. It is in charge of the promulgation of Zambian standards, standardization, quality control, quality assurance, import and export quality inspections, and certification

3.41.  The ZABS is not in charge of enforcing all standards. Different sector-specific regulators include the Zambia Information Communications and Technology Authority (ZICTA) for ICT standards, the Energy Regulation Board (ERB) for energy, the Road Transport and Safety Agency (RTSA) for road transport, the Zambia Environmental Management Agency (ZEMA) for chemicals, and the Ministry of Health for public-health-related matters. Other relevant agencies include the Zambia Weights and Measures Agency (ZWMA) under the MCTI, the Food and Drugs Control Laboratory (FDCL) under the Ministry of Health, the laboratories of the University of Zambia, the laboratories of the National Institute for Science and Industrial Research, the laboratories of various ministries, and private specialized laboratories

3.42.  In addition to the ZABS, the other agencies in charge of border checks include the Zambia Environmental Management Agency (ZEMA) and the Zambia Agriculture Research Institute (ZARI). Testing fees vary depending on the type of product

3.43.  The authorities recognize that one of the major obstacles to accessing global markets for Zambian manufactured products is the lack of adherence to systematic and internationally acceptable quality standards and the use of associated technology.[30] Against this backdrop, the Government developed its National Quality Policy in 2011. It aims at: establishing by 2020 a National Quality Infrastructure and Technical Regulations Framework, based on local and international best practices that will ensure locally produced goods and services are recognized and accepted by Zambia's trading partners. As part of the efforts, the ZABS drafted a strategic plan for 2015-20, aiming to: a. Increase the number of published standards by 10% per annum to improve the quality of products; b. Participate in international, regional, and bilateral standardization, quality assurance and metrology programmes; c. Increase public awareness of ZABS services; and d. Disseminate standardization, quality assurance and metrology knowledge to industry and other stakeholders

3.44.  Zambia has not signed any mutual recognition agreements (MRAs) with foreign countries, but it accepts certification by foreign institutions if they are accredited

3.45.  The ZABS is the WTO TBT enquiry point, and is a member of a number of international standards and metrology organizations (Table 3.8). The ZABS accepted the TBT Code of Good Practice for the preparation, adoption and appreciation of standards. Zambia also participates in regional programmes aimed at harmonizing standards and conformity assessment schemes such as those under COMESA and SADC. The ZABS set up offices in all provinces and major border entry points

3.46.  By mid-September 2015, a total of 2,434 standards had been published in Zambia, of which 40% are Zambian standards (based on international, regional and foreign standards as well as home-developed standards with a mix of source documents) and the other 60% are adopted international standards. About 2% are compulsory standards (technical regulations)

3.47.  According to the authorities, technical regulations (compulsory standards) apply to 50 types of products (Table 3.9). During the review period, Zambia made 4 notifications on technical regulations to the WTO; all of them were notified under Article 2.9 of the TBT Agreement. They were all submitted by the ZABS, and products concerned include: asbestos-cement corrugated sheets and decking for roofing and cladding; petroleum jelly for the cosmetic industry; pure glycerine; and drinking water.[31]

3.48.  There have been no changes to the procedure for formulating standards. A relevant technical committee drafts working documents for the establishment of a proposed standard. The technical committee organizes meetings to discuss working documents and draft standards, which are then circulated for public comment. Standards are published in the Government Gazette once they are approved by the Standards Council

3.49.  The procedure for formulating technical regulations is the same as that for standards. If there is a need to protect health, the environment or the safety of citizens, standards may be declared mandatory and become technical regulations. These standards must be submitted to the MCTI for evaluation before being declared mandatory. During this process, these standards are advertised in the Government Gazette for 60 days, as well as notified to the WTO TBT Committee, for comments. If no substantial comments are received within the 60-day period, a statutory instrument is issued to declare them mandatory, i.e. technical regulations

3.50.  The ZABS maintains a product certification marking scheme, and manufacturers (both local and foreign) may apply to use the ZABS's certification mark. Packaging and labelling requirements are incorporated in products standards. The Food and Drugs Act provides for the labelling of food, cosmetics and pharmaceutical items

3.51.  Zambia does not have an accreditation system, which is a serious impediment to the recognition of Zambian conformity assessment service providers who must obtain accreditation from abroad. The Southern African Development Community Accreditation Service (SADCAS) was launched in April 2009, and Zambia is utilizing its services. The only accredited laboratory in Zambia is Alfred H. Knight on the Copperbelt; the ZABS testing laboratory has also sought accreditation. ZABS is enhancing testing capacity through the development of new laboratories. The Central Veterinary Research Institute is also seeking accreditation in animal disease diagnostics

3.52.  The Zambia Weights and Measures Agency (ZW&MA), under the MCTI, is the regulatory agency for all weighing and measuring instruments used for trade purposes