Generally, Non-Trade Measures (NTMs) are good for safe and ethical international trade; however, when poorly regulated and applied irregularly, they transform into Non-Tariff Barrier (NTBs) and can be harmful to trade. Our short analytical study shows that Tanzania is both a perpetrator and victim of irregular SPS measures and could be losing billions in international trade and revenue foregone from its horticultural sector
By Jacob Mokiwa, Researcher , Governance and Economic Policy Centre
(Featured top image, Courtesy of UNDP-Tanzania, Kizimba Project, Itete Ifakara Youth)
Sanitary and Phytosanitary measures (SPS) are standards and regulations put in place as Non-Tariff Measures (NTMs) to ensure the safety and quality of food, as well as to protect humans, animals, and plants from risks associated with diseases, pests, and contaminants based on science. SPS decisions are supposed to be science based. These measures are integrated into Tanzania’s regulatory framework, including through legislation, policies, and adherence to international agreements like the WTO SPS Agreement and the International Plant Protection Convention (IPPC) IPPC.
Also, the normative framework governing East African Community (EAC) SPS measures include but are not limited to Article 108 (c) of the EAC Treaty; Article 38 (1C) of the Customs Union Protocol, EAC SPS Protocol, SPS Information Sharing Platform, etc.).
This short policy brief analyzes Tanzania’s Sanitary and Phytosanitary (SPS) regime for horticultural products, assessing their impact on international trade and concludes with recommendations for enhancing SPS policy measures to ensure safety, compliance and a facilitative smooth international trade in Tanzania horticultural products. It emanates from our economic governance work on regional economic cooperation, trade and investment, with multiple aims of creating awareness about SPS as a major regulatory tool in regional and international trade that small traders and aspiring international horticulture exporters must know.
State of Horticultural Products
Tanzania is a largely an agricultural producing and exporting country with its horticulture sector becoming a rapidly expanding sector with a huge potential to contribute to Tanzania’s economy through employment, trade and export foreign income earning. The country has large chunks of arable land, water bodies and favorable climate for horticulture in many regions across the country.
Tanzania’s horticultural sector encompasses various products, including fruits, vegetables, flowers, and spices.
In recent years, Tanzania has registered impressive export performance of different horticultural products, and this presents an advantageous opportunity to the smallholder farmers to increase their production. Despite this huge potential, the horticultural sector still suffers multiple challenges, including financing, regulation and export standardization.
The local market infrastructure conditions are still poor. The cold storage chain for horticultural products from the gardens to the market is limited. Horticulture products are transported in hot trucks, sold in open markets damaging quality and export standards. The net effect is that Tanzania’s export share of the regional and global horticultural trade has been growing but remains low, compared to its neighbors such as Kenya. According to Ministry of Agriculture statistics, the horticulture sector has become the second largest growth driver of the entire agricultural sector, after food crops contributing about 25% of the sector but has remained stagnant in growth at 11% annually.
According to the Tanzania Horticultural Association (TAHA) and the BoT Monthly Economic Review (MER), for the year ending in December 2023, the value of horticultural crops’ exports grew to $417.7 million (Sh1.044 trillion) as compared to $290.1 million (Sh725.25 billion) recorded in 2022. This shows that exports grew by $127.6 million (Sh319 billion), which is equivalent to 43.9 percent. The growth in exports comes after a decline from $384.9 million (962.25 billion) reported in 2021 to $290.1 million (Sh725.25 billion) in 2022. The decline accounted for a total of $94 million (Sh237 billion), which is equal to 24.4 percent[1].
This data if extrapolated for the last five years indicates that the Horticultural sector can be a major game changer in Tanzania’s international trade exports, serving as a major source employment to the bludgeoning unemployed youthful population of foreign revenue through increased investment in horticulture and export trade. Moreover, the sector can leap frog Tanzania to a regional competitor, outpacing its neighbors and rivals in the horticultural sector.
However, the limited awareness, selective and uncoordinated application of SPS standards by both export and importing partners in intra-regional and international trade has gradually turned them from being Non-Tariff Measures (NTM) to become Non-Tariff Barriers (NTBs) to trade in Horticultural products amongst others.
According to Land O Lakes Trade of Agriculture Safely & Efficiency (TRASE) report, the East African Community (EAC) represents one of the fastest growing regional economic communities in the world. And yet, trade of agricultural products from and within this region has been hindered by Sanitary and Phytosanitary (SPS) issues
SPS Measures Regime in Tanzania
Tanzania’s SPS regime consists of several legal frameworks articulated and differentiated under the three SPS functions of animal health, food safety and plant health. This involves the Plant Health Act, 2020 with the mandate of issuing phytosanitary certificates, among other functions, Standards Act No. 2 of 2009 with the mandate of regulating and developing mandatory standards and responsible for inspection and certification).
The regulatory institutions include the Ministry of Agriculture and Livestock, Ministry of Trade and Industry, Tanzania Pesticides and Plant Health Authority (TPPHA) established under the Act No. 04 of 2020 with a mandate to comply with the requirements of International Plant Protection Convection (IPPC) on sanitary and phytosanitary measures[2]. The other regulatory institution is the Tanzania Bureau of Standards (TBS) established under Act No. 3 of 1975 as the National Standards Institute and subsequently renamed Tanzania Bureau of Standards under Act No. 1 of 1977. On 20th March 2009, the Standards Act No. 3 of 1975 was repealed and replaced by the Standards Act No. 2 of 2009.
The Bureau was established as part of the efforts by the government to strengthen the supporting institutional infrastructure for the industry and commerce sectors of the economy. Specifically, TBS is mandated to undertake measures for quality control of products of all descriptions and to promote standardization in industry and commerce[3]. So far, the regime has been quite robust, enabling Tanzania to enforce its SPS measures, however faces multiple challenges that would benefit from improvement.
Challenges
The agricultural sector already faces multiple challenges but the SPS regime in Tanzania adds another layer of complexity, potentially hindering Tanzania’s ability to invest in the horticultural sector, produce, export and compete effectively in the global market. For instance, some stringent SPS requirements cannot be met by small farmers in Tanzania due to the limited resources required for modern agriculture and consequently hinder the export of horticultural products, as meeting the standards can be costly.
Additionally, inconsistent enforcement of SPS regulations across different institutions and regions within Tanzania creates confusion and delays in trade processes and hence affects the competitiveness of Tanzanian products in international markets.
Furthermore, procedural framework for SPS regulation has shortcomings in the institutional framework and that, as a result, application of the existing legislations is impaired. There is limited capacity for speedy and quality testing and certification facilities. This lead to bottlenecks in the export process, delaying shipments and increasing costs for exporters.
Other challenges are; limited funding to attract and retain high quality talent, lack of transparency in certification, duplication of regulatory functions, poor coordination among the various SPS control agencies, lack of mutual confidence between enforcement agencies in different countries and non-existence of arrangements and mutual recognition agreements signed to facilitate trade.
Impact on regional and International Trade
The effectiveness of Tanzania’s SPS regime significantly influences its international trade in horticultural products and therefore, there is a need to balance regulatory practices for health protection with trade facilitation. However, if not addressed, the regime may, and for purposes of enforcement of SPS controls, create trade constraints such as;
- Market Access Restrictions: Non-compliance with SPS measures restricts access to lucrative international markets that is with stringent regulations, the production costs for horticultural producers may increase and making Tanzanian products less competitive compared to those from other countries. Kenya, Tanzania’s immediate horticultural competitor has been successful in meeting the standards at lower costs and thereby dominating the regional and international market of horticultural products.
- Loss of Revenue: Inability to meet SPS standard leads to rejected shipments, financial losses, and diminished competitiveness in global markets, affecting the revenue generated from horticultural exports and thus undermines economic growth potential in the horticultural sector.
- Diminished Reputation: Persistent challenges in meeting SPS standards tarnish Tanzania’s reputation as a reliable supplier of safe and high-quality horticultural products, thereby reducing consumer confidence and market demand.
- Market Diversification: Strict regulatory requirements may incentivize Tanzanian exporters to explore new markets where compliance costs are lower or where there is greater alignment between domestic and international standards.
- Quality Perception: Adherence to rigorous quality and safety standards can enhance the perception of Tanzanian horticultural products in international markets, positioning them as premium offerings valued for their quality and reliability. This could open up opportunities for niche markets and premium pricing strategies.
Policy Recommendations
Addressing challenges in Tanzania’s SPS regime for horticultural products is crucial for unlocking the sector’s full export potential, facilitating more investment and fostering sustainable economic growth. By implementing the recommendations outlined in this brief below, Tanzania can overcome SPS-related barriers to international trade and position itself in the global horticultural market as a reliable supplier of high-quality horticultural products and maximize the benefits of international trade for the citizens and economy. The following recommendations are proposed:
- Improve coordination among regulatory agencies and investing in digital platforms for documentation and compliance verification to simplify and accelerate SPS certification procedures for horticultural products and this will cut costs, reduce trade barriers and enhance market access.
- Strengthen enforcement mechanisms by putting in place an enabling legal framework to create effective and expeditious administrative mechanisms and provide clear administrative redress mechanisms for handling trade complaints and disputes. Also, the framework should provide for coordination of the various SPS control agencies to avoid overlaps and duplication. The current regime lays a solid foundation for further improvement.
- Improve infrastructure by allocating resources for upgrading SPS-related infrastructure including laboratories, inspection facilities and cold chain logistics that will enable producers and exporters to meet international standards and capitalize on emerging market opportunities. Tanzania has a deficit of cold storage capacity and its location along the equator exposes horticultural products to heat waves and vulnerability rapid quality deterioration and waste.
- Recruit and retain high quality staff with the of international testing and certification requirements. This must also be followed by addressing administrative limitations and sealing off opportunities for corruption.
- Prioritize capacity building, awareness and improve dissemination of information on SPS particularly for producers, small-scale traders, exporters and raising initiatives for regulatory agencies, on legislation and regulations, processes, procedures, standards, best practices, and technological advancements to enhance competitiveness in global markets.
- Foster partnership between public and private sector stakeholders to develop and implement SPS-related programs, training, research & development, technology adoption and technical assistance so as to address common challenges and promote innovation in the horticultural value chain. This must be backed by scaled up SPS technical assistance, going beyond the implementing institutions but also extended to horticultural farmers.
- Advocate for harmonization of SPS standards with international norms and regional trade agreements to streamline trade procedures and facilitate market access for Tanzanian horticultural products. Horticulture farmers and exporters still complain of disharmony in application and enforcement between Tanzania and its trading partners such as the Tanzania-South Africa Avocado case in 2021[4].
- Establish and empower the National SPS Committee to address and resolve technical SPS issues faced by traders and increase transparency on SPS requirements. Moreover, the committee should also be the main source of information on new SPS regulations, including measures introduced by trading partners.
- Constantly review to ascertain the extent to which Tanzania’s SPS regime is aligned to the EAC SPS protocol and its application is consistent and facilitative of international trade. There are cases of selective application and enforcement even among EAC member states.
References
Ministry of Agriculture. (2022). “National Horticulture Development Strategy.” Retrieved from Online: https://www.kilimo.go.tz/uploads/books/Mkakati_wa_Kuendeleza_Horticulture.pdf
Tanzania Bureau of Standards (TBS). (2022). “Sanitary and Phytosanitary Measures for Horticultural Products: Regulations and Compliance Guidelines.” Retrieved from Online: https://www.tbs.go.tz/uploads/files/LIST%20OF%20COMPULSORY%20TANZANIA%20STANDARD%20AS%20OF%20JULY%20%202022.pdf
Trade of Agriculture Safely and Efficiently in East Africa (TRASE) (2021). “Assessment of SPS Legal/Regulatory Frameworks in the EAC Partner States”. Retrieved from Online: https://storcpdkenticomedia.blob.core.windows.net/media/idd/media/lolorg/publications/assessment-of-sps-legal-systems-in-eac-partner-states-4th-june-2021.pdf
Trade of Agriculture Safely and Efficiently in East Africa (TRASE) (2021). “Assessment of SPS Systems in the EAC Partner States”. Retrieved from Online: https://storcpdkenticomedia.blob.core.windows.net/media/idd/media/lolorg/publications/assessment-of-sps-systems-in-eac-partner-states-18th-march-2021-print-file-4th-june-2021.pdf
TradeMark East Africa: (2021). Standards, Quality Infrastructure, and SPS Programme: Project Brief: Retrieved from Online: https://www.trademarkafrica.com/project/standards-quality-infrastructure-and-sps-programme/
Food and Agriculture Organization of the United Nations (FAO). (2021). “Good Practices for Strengthening National Plant Protection Organizations.” Retrieved from Online: https://www.fao.org/3/i6677e/i6677e.pdf
[1] https://www.thecitizen.co.tz/tanzania/magazines/what-44-percent-rise-in-horticulture-exports-means-to-tanzania-4510004
[2] https://www.tphpa.go.tz/
[3] https://www.tbs.go.tz/pages/historical-background
[4] https://www.theeastafrican.co.ke/tea/business/tanzanian-avocado-exports-poised-to-grace-sa-tables-3506248