Tanzania orders immediate closure of a factory producing banned plastic bags

The Tanzanian government has reaffirmed its commitment to environmental protection by ordering the immediate closure of an illegal factory in Chanika, Dar es Salaam, found to be manufacturing banned plastic carrier bags. This decisive action, spearheaded by the Deputy Minister in the Vice-President’s Office (Union and Environment), underscores the strict enforcement of the Environmental Management Act, 2004, and its subsidiary regulations, particularly the Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022. The incident highlights the significant legal and financial repercussions faced by entities that contravene Tanzania's comprehensive ban on plastic bags, which has been in effect since June 2019, aiming to safeguard the nation's ecosystems and public health.

Tanzania has taken a firm stance against environmental degradation, particularly concerning plastic pollution. In a recent development, the government ordered the immediate closure of a factory in Chanika, Dar es Salaam, found to be illegally producing banned plastic carrier bags. This directive, issued by the Deputy Minister in the Vice-President’s Office (Union and Environment), Reuben Kwagilwa, serves as a potent reminder of the country's stringent environmental laws and the government's resolve to enforce them. The factory's operations were in direct violation of the Environmental Management Act and its associated regulations, which prohibit the manufacture, importation, sale, and use of plastic carrier bags across Mainland Tanzania.

Tanzania's journey towards a plastic-free environment gained significant momentum with the nationwide ban on plastic carrier bags, which became effective on June 1, 2019. This prohibition extends to all plastic carriers, irrespective of their thickness, and encompasses their importation, exportation, manufacturing, sale, storage, supply, and use. The legal framework underpinning this ban is primarily the Environmental Management Act, 2004 (Cap. 191 R.E. 2023) (the "EMA"), which provides a comprehensive legal and institutional structure for sustainable environmental management in Mainland Tanzania. The EMA is complemented by specific subsidiary legislation, notably the Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022 (G.N. No. 291 of 2022), which replaced earlier regulations from 2019. These regulations explicitly detail the prohibited activities and the corresponding penalties for non-compliance.

The closure of the Chanika factory exemplifies the robust enforcement powers vested in Tanzanian environmental authorities, particularly the National Environment Management Council (NEMC). Under the EMA, NEMC is mandated to oversee and ensure compliance with environmental regulations, including the power to issue stop orders and immediate closure directives for activities that violate the Act. This authority has been consistently exercised, as evidenced by previous closures of factories for various environmental infractions, such as discharging untreated wastewater or operating without Environmental Impact Assessment (EIA) certificates.

The Environmental Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022, prescribe severe penalties for contraventions. For instance, individuals or entities involved in the manufacturing or importation of banned plastic carrier bags face fines ranging from not less than TZS 20 million to TZS 1 billion, or imprisonment for a term not exceeding two years, or both. Even the possession or use of such bags by individuals can lead to fines between TZS 30,000 and TZS 200,000, or imprisonment for up to seven days, or both. Beyond monetary fines and imprisonment, courts are empowered to order the forfeiture of prohibited plastic bags, the closure of production units, and the cancellation of licenses, or even impose community service.

While the ban is extensive, certain exemptions exist, primarily for plastic packaging used in medical services, industrial products, construction, agriculture, food processing, and sanitary and waste management. Furthermore, transparent zip-lock bags for toiletries are generally permitted for travelers, provided they remain in their possession and are not disposed of within Tanzania. This nuanced approach aims to balance environmental protection with practical necessities. Tanzania's proactive stance aligns with a broader regional trend, with East African neighbours like Kenya and Rwanda also implementing strict plastic bag bans, some with equally stringent penalties.

The swift action taken against the illegal plastic bag factory in Dar es Salaam serves as a critical reminder to all businesses and individuals operating within Tanzania of the government's unwavering commitment to environmental law enforcement. Practitioners advising clients in manufacturing, import/export, or retail sectors must ensure rigorous compliance with the Environmental Management Act, 2004, and its subsidiary regulations, particularly concerning plastic carrier bags. The significant fines, potential imprisonment, and operational closures underscore the high stakes involved. Legal professionals should proactively guide clients on permissible packaging alternatives and the strict conditions for any exempted plastic use. As Tanzania continues to champion sustainable environmental practices, vigilance and adherence to these laws will remain paramount to avoid severe legal and financial repercussions.