Liberia Seed Development and Certification Agency Act

+ THE LIBERIA SEED DEVELOPMENT AND CERTIFICATION AGENCY ACT 1 AN ACT TO ESTABLISH THE LIBERIA SEED DEVELOPMENT AND CERTIFICATION AGENCY 2 Table of Contents Title Page PREAMBLE ……………………………………………………………….. 4 Article 1: Preliminaries…………………………………………………... 5 Section 1: Citation ……………………………………………………. 5 Section 2: Acronyms and Definitions…………………………………… 5 Article 2: Establishment of the Seed Development and Certification Agency (SDCA) of Liberia……………………………………… 7 Article 3: Purpose of the Seed Development and Certification Agency ….. 7 Article 4: Functions of the Seed Development and Certification Agency…... 7 Article 5: Structure of the Seed Development and Certification Agency…… 8 Article 6: Functions and Responsibilities of the Director of the SCDA……. 11 Article 7: Establishment of the National Seed BOARD (NSB) ……… ……... 12 Article 8: Functions of the National Seed BOARD ….................................... 12 Article 9: Composition of the National seed BOARD ……………………… 12 Article 10: Tenures of Members of the National Seed BOARD……………… 13 Article 11: Meeting Procedure and Quorum…………………………………… 13 Article 12: Variety Registration and Release Committee (VRRC)……………. 13 Article 13: Establishment of the Seed Development Fund……………………. 14 Article 14: Sources of Funds for the Seed development Agency……………… 14 Article 15. Service in the Employment of the SDCA…………………………. 15 Article 16: Remunerations for SDCA, NSB and VRRC………………………. 15 Article 17. Reporting by SDCA……………………………………………….. 15 Article 18: Annual Technical Activity and Financial Reporting…………….. 15 Article 19: Quality Control…………………………………………………….. 15 Article 20: Seed Marketing…………………………………………………….. 16 Article 21: Export-Import……………………………………………………… 16 Article 22: Guiding Regulations……………………………………………… 16 Article 23: Sanctions…………………………………………………………… 17 Article 24: Miscellaneous Provisions…………………………………………... 18 Article 25: Entry into Force…………………………………………………….. 18 3 AN ACT TO ESTABLISH THE LIBERIA SEED DEVELOPMENT AND CERTIFICATION AGENCY PREAMBLE: The Government of Liberia (GOL), Mindful of its strong efforts through the Ministry of Agriculture (MOA) for the development of plans and strategies for the regeneration of the agricultural sector in Liberia as referenced in several publications, including the “Lift Liberia” Interim Poverty Reduction Strategy (IPRS) 2006, Poverty Reduction Strategy (PRS) 2008, the Food and Agriculture Policy and Strategy (FAPS) 2009, the National Food Security and Nutrition Strategy (FSNS) 2008, and the Liberia Agriculture Sector Investment Program (LASIP) 2009, 2010 underpinned by the Comprehensive African Agricultural Development Program (CAADP) Compact signed by Liberia in 2009; Aware that, in all of the frameworks referenced supra, the lack of high quality seeds and planting material, especially having lost all stocks and germplasm banks during the 14-year civil war, has been underscored as one of the major constraints to agriculture productivity; Recognizing that, with the restoration of peace and constitutional governance in 2006, stakeholders, including MoA, donors, development partners, farmers and others have recommended and supported fast-tracking general institutional reforms and restructuring, including specific emphasis on the development of the seed sector; Recalling that, as a Member State of ECOWAS, the Government of Liberia (GoL) has, over the years, made strong representations into, acquiesced in and acceded to the various ECOWAS instruments and regulations on agriculture and seeds including the 17/18 May 2008 agreement on the REGULATIONS C/REG.4/05/2008 ON THE HARMONIZATION OF THE RULES GOVERNING QUALITY CONTROL, CERTIFICATION AND MARKETING OF PLANT SEEDS AND SEEDLINGS IN ECOWAS REGION at its Sixtieth Ordinary Session of the Council of Ministers held in Abuja, Nigeria and which has been gazetted by the GOL in September 2014, thereby giving it full legal weight and reference in Liberia; Accepting that the above ECOWAS Regulations require that Liberia, as a Member State, shall domesticate the Regulations by preparing the Liberian Seed Regulations based on the ECOWAS 4 Framework for use in the national seed program in order to fit into, and derive the required benefits from the Community’s seed trade; Acknowledging that the MoA’s draft Seed Regulations prepared in 2012 as well as ECOWAS Regulations C/REG.4/05/2008 and related Implementing Regulations have formed the main basis and guide for drafting Liberian seed regulations; Mindful that the GoL has no previous specific enactment relating to seed legislation, Noting that Seed Regulations have been validated by the relevant stakeholders in Liberia to achieve overall consensus; Acknowledging and appreciating the continuous support, constructive participation and engagement of all current and past development partners, with particular reference to USAID/FED that sponsored and funded the preparation of the Seed Regulations for Liberia; and ACKNOWLEDGING stakeholders unanimous decision to develop the legal framework for domesticating the ECOWAS Regulations on Seed Development and Certifications; NOW THEREFORE, it is hereby enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature assembled: Article 1 Preliminaries SECTION 1: Citation This Act shall be cited as The Liberia Seed Development and Certification Agency Act SECTION 2: Acronyms and Definitions For the purpose of this Act, unless the context otherwise requires, the below acronyms and definitions shall have the following meaning: ACRONYMS AFU Administrative and Finance Unit CAADP Compact under the Comprehensive African Agricultural Development Program CARI Central Agriculture Research Institute CDA Cooperative Development Agency ECOWAS Economic Community of West African States EPA Environment Protection Agency 5 FAPS Food and Agriculture Policy Strategy FSNS Food Security and Nutrition Survey FUN Farmers Union of Liberia GoL Government of Liberia IPRS “Lift Liberia” Interim Poverty Reduction Strategy “ISTA” means International Seed Testing Association LASIP Liberia Agriculture Sector Investment Program MFDP Ministry of Finance and Development planning MoA Ministry of Agriculture MoCI Ministry of Commerce and Industry NSB National Seed Board PRS Poverty Reduction Strategy SCSU Seed Certification and Standards Unit SDCA Seed Development and Certification Agency USAID/FED United States Agency for International Development/Food and Enterprise Development VRRC Variety Registration and Release Committee VRRC Variety Registration and Release Committee VRRU Variety Registration and Release Unit WACPSV West African Catalogue of Plant Species and Varieties WASC West Africa Seed Committee WRTCAF William R. Tolbert Jr. College of Agriculture and Forestry DEFINITIONS CATALOGUE OF SPECIES AND VARIETIES means the official document containing the list of all registered species and varieties. “CERTIFICATION” means the culmination of seed quality control processes in the field or in the laboratory, leading to assurance that the seed conforms to minimum standard of varietal purity through genealogical parentage and system of breeder seed maintenance of varietal features, in accordance with the provision of extant technical regulations. 6 “CERTIFIED SEED” means any seed obtained from the first or second multiplication of basic seed. “COMMUNITY” means the Economic Community of West African States. “DIRECTOR” means the head of The Liberia Seed Development and Certification Agency “MARKETING” means the sale, conservation for the purpose of sale, sale offer or any form of accession, supply or transfer for the purpose of commercial transaction, of seed or plants with or without remuneration. “MINISTER” means Minister of Agriculture; “QUALITY CONTROL” means the range of activities carried out by the competent services to verify that varietal or genetic purity seed, their physiological and health conditions as well as their technological standards conform to the technical rules applicable in member states. “STANDARDS” mean a set of benchmarks for evaluating seed quality. “TECHNICAL REGULATION” means the document specifying the characteristics of a production or its production procedure and methods, including the application of administrative requirements that must be respected. Technical regulation must also partially or fully determine the terminologies symbols or specifications used for packaging, marking and labeling of a product, service, production procedure or method. “WEST AFRICAN CATALOGUE of PLANT SPECIES AND VARIETIES or “WACPSV” means the catalogue of plant species and varieties common to member states. Article 2.Establishment of the Seed Development and Certification Agency (SDCA) Section 1: There is hereby established an autonomous agency of the Government of Liberia to be known as the Liberia Seed Development and Certification Agency (SDCA). It shall be a corporate body with perpetual existence and a common seal Section 2: The SDCA shall have the power to: a. Sue and be sued; b. Enter into contracts and acquire, hold and alienate movable or immovable property by whatever lawful means; provided same is done for and in the discharge of its statutory functions, as provided herein; c. Establish counterpart and technical relationships with similar and other agencies, institutions and organizations in Liberia and abroad, as may be necessary for the effective 7 discharge of its functions; d. Encourage, facilitate, perform and/or require the doing or performance of whatever is necessary or expedient for the effective discharge of any and all of its functions and the achievement of its objectives; and e. Make and implement regulations in accordance with this Act. Article 3: Purpose of the Seed Development and Certification Agency Section 1: The primary purpose of the Seed Development and Certification Agency is to act as the lead organ of the Government of Liberia to coordinate, regulate, administer and carry out all the functions of the seed certification and control agency, as well as conduct seed development activities for the benefit of the seed industry of Liberia. Article 4: Functions of the Seed Development and Certification Agency: Section 1: While initially the SDCA shall function mostly as a seed quality control and certification agency, it will progressively develop its capacity to take on other responsibilities in seed development, as implied in its name. The full range of functions at full capacity will be as follows: a. Responsible for seed regulatory functions, quality control, certification and enforcement of the current and subsequent Seed Regulations; b. Analyze and formulate programs, policies and actions regarding seed development and the seed industry in general, including legislation and research on issues relating to seed testing, registration, release, production, marketing, distribution, certification, quality control, supply and use of seeds in Liberia, as well as importation and exportation of seeds and quarantine regulations relating thereto; c. Design an improved management system and procedure relating to the administration of the national seed program and advise the Government of Liberia (GoL) on its organization, management and proper financing; d. Analyze the market and prices of seeds; e. Control, supervise and approve activities to be conducted by specialized units of the agency; f. Advise the national research system on the changing pattern of seed demand and farmers’ needs; g. Monitor and evaluate the achievement of the national seed system and recommend improvements thereon; 8 h. Encourage the formation or establishment of seed companies in Liberia for the purpose of carrying out research, production, processing and marketing of seeds; i. Undertake advocacy for the seed sector and assist in mobilizing resources for the development of the national seed industry; and j. Perform such other related functions consistent with the purpose and objective of this Act. Article 5: Structure of the Seed Development and Certification Agency Section 1: The SDCA shall be headed by a Director and the heads of each unit referenced in this Act and/or ones subsequently created upon approval of the NSB shall be headed by an assistant director. The AGENCY’s director, assistant directors and all categories of technical resource persons and staff shall be hired per the Board approved Human Resource and Personal Policy/Regulations consistent with acceptable standards of administrative best practices underscoring competence, equal opportunities and relevant minimum experience required. Section 2: There are hereby established for the SDCA, the following units to be operationalized when the necessary capacity has been attained as per determination and approval by the Minister upon advice by the NSB: 1. The Seed Industry Planning and Development Unit: shall have responsibility for: a. Facilitation and monitoring of the production and distribution of breeder, foundation and certified seeds; b. Liaise with public and private sector research and development agencies on variety development and release; c. Identification, development and provision of technical support to small, medium and large seed enterprises; d. Carrying out seed promotion programs to encourage the use of high quality seeds by farmers; e. Development of community-based seed enterprises in order to spread the use of improved seeds among farmers; f. Providing planning and monitoring support to SDCA for both on-going and future activities; g. Providing and developing management information systems (MIS) for planning support to the NSC; and h. Undertake training activities and information dissemination on seeds and seed technology. 2. The Variety Registration and Release Unit: shall support and facilitate the official processes laid down for the approval or recommendation of varieties to be sold and used for agricultural purposes. Such declaration shall be made by notification to the public indicating the kind of variety, origin, and date of declaration. The Unit will maintain and 9 manage the National Catalogue of Plant Species and Varieties and shall monitor and coordinate all activities relating to variety tests, trials, registration, release and notifications. 3. The Seed Certification and Standards Unit: shall be responsible for the following: a.Setting and enforcing standards that govern the quality of seeds; b.Monitor and evaluate seed quality during production, distribution and marketing; c. Ensure that proper procedure of seed production is followed during growing and harvesting of seed crop, seed handling at processing plants as well as inspection of premises and other physical facilities used by private breeders, seed growers, seed companies and processors to ensure compliance with standards; d. Maintain the list of registered breeder, foundation and certified seed producers; e. verify the eligibility of notified crop/cultivars offered for certification and ensure that the seed source used for planting was authenticated and the record of purchase is in accordance with the Seed regulations; f. Sampling and testing of seeds; g. Grant certificates including tags, labels, seals, etc as prescribed under this Seed Regulations; and h. Conduct varietal purity/grow-out-tests for confirmation of genetic purity of all foundation seed and certified seed lots under a certification program. 4. The Administration and Finance Unit: shall be responsible for the following: a. Set up, establish and structure the unit into sections to include the following: Accounts, General Services, Personnel and Procurement; b. Develop regulations and policy framework for managing and administering the finances of the SDCA based on international accounting principles/standards and in accordance with the Liberian Financial Management Act (FMA) and other relevant statutes; c. In close collaboration with NSC, the Board and the Seed Industry Planning and Development Unit, develop strategies for financial resource acquisition and management as issues of budgetary constraints, increased competition for finance, heightened transparency and accountability requirements make compliance an imperative; d. Beyond the scope of already constrained public budgetary support, develop strategies to innovatively mobilize financial resource from donors, development partners, private sector, grants and establish mechanisms for financial resource acquisition management; 10 e. Coordinate procurement of supplies and services governed by the Public Procurement and Concession Act (PPCA) of Liberia and acceptable international standards; f. Establish performance management system and compensation/motivation schemes, policies and procedures that influence staff retention and enhances motivation recognizing that effective human resource development and management is key to efficiency and productivity; g. Develop and manage the physical resources (plant, equipment, buildings, other) of the Agency guided by effective plans for replacement and maintenance; and h. Establish any other such units or bodies as the Board may from time to time deem expedient for the effective discharge of the duties, functions and responsibilities of the SDCA. Section 3: Each of the Units referred to in Section 2 above shall be headed by an assistant director sufficiently trained to the required level of expertise. No specialized unit shall be operationalized without first having the staff sufficiently trained to the required level of expertise. Section 4: The entire operations and performance of the SDCA shall be supervised by a National Seed Board (NSB), which shall be established for this purpose. Figure 1: Organogram of The Liberia Seed Development and Certification Agency (SDCA) National Seed Board (NSB) . Variety Seed Development Business Development Registration and and Certification and Resource Release Unit Agency (SDCA) Mobilization Committee . . . . . . . 11 Seed Industry Crop Variety Seed Certification Administration Planning and Registration and Standards Unit and Article 6: Functions and Responsibilities of the Director of SDCA a. The day-to-day affairs of the Agency shall be managed by a Director who shall be appointed by the NSB based upon a transparent employment process according to best practices. b. The Director shall be a person of high moral character, proven integrity and one who has the requisite qualification and experience in seed development and/or related areas with proven knowledge and working experience in the industry; c. The Director shall, subject to the approval of the NSB, recruit assistant directors to head the units created herein and any subsequent units which shall be created as per the provisions of this Act; d. The Director may be removed by the NSB, on prior notice to the Minister, for dishonesty, or any offense in violation of the Liberian Criminal laws or on grounds of verified physical, mental, technical or administrative incapacity. If the Director is removed or resigns his/her position, the NSB shall designate an officer of the agency as the acting director pending the appointment of a replacement; and e. Generally, the Director of the SDCA shall take overall responsibility for developing, directing and/or coordinating: i. Administration and program supervision of the Agency ii. Policies, strategies, regulations, rules and procedures for the National Seed System iii. Programs for sensitizing the national knowledge base and building capacities at all levels of the seed value chain iv. Programs for mobilizing resources for seed program activities, and v. Programs for encouraging private sector enterprise development, growth and increased ownership, management and investment in the seed sector Article 7: Establishment of the National Seed Board (NSB) Section 1: A National Seed Board hereinafter referred to as NSB is hereby established to work along with, as per ECOWAS Regulation C/REG.4/05/2008, the West Africa Seed Committee 12 hereinafter referred to as WASC which has been established to supervise and coordinate the seed industry of the Community. Article 8: Functions of the National Seed Board a. Contribute to the implementation of this Act and Regulations promulgated in matters of seed quality control, certification and marketing with the view to fostering the development of the seed sector; b. Formulate and provide overall policy guidelines and monitor the development of the National Seed System through the SDCA; c. Work closely with WASC and other relevant institutions in the implementation of its work and the management of the seed sector support fund; d. Ensure that all information on seeds is accurate and periodically provide such information for verification of compliance with the approved seed quality control and certification system; e. Establish strategic lobbying and advocacy mechanisms for resource mobilization; f. Advise on and review the Financial Management Systems and ensure proper accounting in SDCA; and g. Advise on standards for guiding the Financial Management of SDCA Article 9: Composition of the National Seed Board The National Seed Board of Liberia shall comprise of the following fifteen members with relevant competence and experience underscoring the nature of duties and responsibilities appertaining to: 1. Chairman to be appointed by the President of Liberia; 2. Director of the Seed Development and Certification Agency who serves as the secretary to the Board; 3. One technical professional and relevant representative of/from the Ministry of Agriculture; 4. One technically relevant person nominated by Farmers Union (FUN) of Liberia; 5. Two Deans of Agriculture Colleges nominated by tertiary Universities with Agriculture Colleges; 6. Director General of The Central Agricultural Research Institute (CARI); 7. Minister of Commerce and Industry (MoCI); 13 8. Two private sector representatives knowledgeable and engaged in seed development activities; 9. Register General of the Cooperative Development agency (CDA); 10. Executive Director of the Environment Protection Agency (EPA); 11. Minister of Finance and Development Planning; 12. ECOWAS Resident Representative (Non-voting Member); and 13. Head/Representative of the Donor Working Group (Non-voting Member) Article 10: Tenure of Members of the NSB The members of the NSB shall hold office for a period of four (4) years and shall be eligible for re-nomination unless their seats become vacant by incapacitation, death and/or earlier resignation or otherwise. In any such case, the nominating authority shall nominate another person to complete the unexpired term. Article 11: Meeting Procedure and Quorum The NSB may, subject to approval, make its own guidelines for meetings, fixing quorum and regulating its own procedure and the conduct of business to be transacted by it. Article 12: Variety Registration and Release Committee Section 1: A Variety Registration and Release Committee hereinafter referred to as VRRC is hereby formed to be under and responsible to the NSB. Section 2: The Functions of the Variety Registration and Release Committee shall be as follows: a. To review and maintain the national variety list and to approve new varieties of seed; b. To review the history and performance records of selected varieties of seed; c. To determine the contribution of varieties of seeds to agricultural development; d. To approve variety release and entry of seeds into the seed multiplication program; e. To make recommendations on obsolete varieties of seeds; f. To determine the varieties of seeds to be released, rejected and referred or outclassed; g. To establish standards of varieties of seeds eligible for seed certification; h. To formulate the policy on allocation of seeds to growers for multiplication of seeds; and i. To give advice to plant breeding organizations on market and farmers. 14 Section 3: The Membership of VRRC The membership of VRRC shall comprise of breeders, agronomists, seed technologists, agro processors, farmers, economists and other professionals from the NSB membership and non-NSB members from the private sector. Membership of the Committee shall be limited to ten members, to be appointed by the Minister of Agriculture upon advice by the NSB. The Board may appoint smaller specialized professional task forces for specific time bound tasks, on ad hoc bases, reminded however that all findings, reports and recommendations derived from such committees and/or task forces so appointed become binding based on decisions and regulations of the NSB. The SDCA shall provide the secretariat for NSB and VRRC. Article 13. Establishment of the Seed Development Fund Section 1: There is hereby established a Seed Development Fund which, shall be maintained by the SDCA, and from which shall be defrayed all expenditure incurred by the SDCA and NSB in their functions towards the management, support, coordination and development of the seed industry. Article 14. Sources of Fund for the Seed Development Fund Section 1: There shall be paid and credited to the fund established pursuant to Article 12.1 of this Act: a. initial-take off grant provided by the GoL; b. such money as may be provided to the SDCA by yearly budgetary allocation approved by the GoL; c. all such moneys as may be raised for the purposes of the SDCA and NSB by way of gifts, loans, grants in aid, testamentary disposition or otherwise; d. all interests received in respect of moneys invested by the SDCA, including revenue earned from its various activities; and e. all other assets, from time to time, accruing to the SDCA. Section 2: The fund shall be managed in accordance with the PFM and PPCC Acts and rules made by the NSB and without prejudice to the generality of the power to make rules under this subsection, the rules shall in particular contain provisions: a. specifying the manner in which the assets of the fund are to be held, and regulating the making of payments into and out of the fund; b. requiring the keeping of proper accounts and records for the purpose of the fund in such form as may be specified in the rules; c. for securing that the accounts are audited periodically by an auditor appointed from a list and in accordance with guidelines supplied by the Auditor-General. 15 d. requiring copies of the accounts and of auditor’s report thereon to be furnished to the Board. Article 15: Service in the Employment of SDCA Section 1: Service in the employment of SDCA shall be approved as per current Civil Service Regulations and accordingly, officers and other persons employed in the Agency, the Board and VRRC shall be entitled to pension according to the Civil Service rules. Article 16: Remuneration for SDCA and Members of the NSB and VRRC Each member of the NSB, VRRC and Staff of SDCA shall receive remuneration and or allowance based on an approved budget which shall be a component part of the approved National Budget allocation for SDCA. Article 17: Reporting by the SDCA The SDCA shall report periodically to the NSB covering its activities during the period under review. Copies of all such reports shall be submitted to the Minister. Article 18: Annual Technical Activity and Financial Reporting: The SDCA shall, no later than six months after the end of each year, submit to the Board a report on the activities of the SDCA during the preceding year, and shall include in such report the audited accounts of the SDCA. Article 19: Quality Control Section 1: The SDCA shall have the sole authority over seed quality control within Liberia. Such authority shall include examination of seeds whether locally produced or otherwise to ensure that they meet the required standard and quality as contained its regulations. Section 2: The SDCA shall ensure that all seeds submitted to it: a. are of acceptable variety, genetic purity and quality; and b. are in good physiological and health condition; and meet the technological standards, where appropriate. The necessary standards shall be in harmony with standards set by the ECOWAS Protocols on seeds. Section 3: Seed quality and control shall apply to all stages and venues of production from the farm to the producer’s or distributor’s storage facility, which shall have previously been admitted for control. 16 Section 4: All locally produced seeds or imported seeds shall be processed and tested through an established and commissioned seed laboratory to ascertain that they meet the standards set. Article 20: Seed Marketing Section 1: Only seed registered or hereafter to be registered in the national seed catalogue or West African Catalogue of plant Species and Varieties shall be marketed in Liberia. Section 2: No one shall sell, keep for sale, and offer to sell any seed of any crop/cultivar to which this Act and promulgated Regulations apply unless the seeds are: a. Identified as to its crop/cultivar, field tested and registered; b. Conform to minimum standards of germination, and physical purity as specified; and c. Packaged and marked/labeled and sealed in the manner prescribed under the Seed Rules and Regulations. Section 3: Only producers, processors and seed companies/individuals who are registered with the SDCA shall engage in the commercial seed trade of certified seed. Section 4: All other rules and regulations relating to the marketing of seeds shall be inculcated in the Regulations already adopted for seed development in accordance with the ECOWAS Regulation. Article 21: Export – Import Section 1: Without prejudice to ECOWAS regulations on external trade, the import and export of conventional seeds shall be subject to prior declaration to the SDCA or Seed Inspector as the case may be. Section 2: All procedures and rules to be observed by an importer or exporter shall be in accordance with the regulations promulgated for the implementation of this Act. Article 22: Guiding Regulations Section 1: The SDCA shall have the power to promulgate regulations for the successful implementation of this Act and such regulations shall have the prior approval of the NSB before publication. Section 2: The 2015 Regulations adopted prior to the drafting of this Act are hereby incorporated by reference and form an integral part of this Act and shall be read along with this Act for the smooth and successful implementation of this Act. Article 23: Sanctions 17 Section 1: The following shall constitute breaches of the provisions of this Act and other laws of Liberia depending on the nature of the violations: a. Production of seeds without professional card; b. Marketing of seeds without registration; c. Misleading information on seed labeling, willful modification or alteration of Labeling and the use of any trickery to mislead third parties as to the quality of the seeds; d. Distribution, for animal or human consumption, of seeds treated with substances dangerous to human or animal health and, thus, unfit for consumption; e. Failure to keep proper ledger as laid down in this Regulation; f. Import or export of conventional seeds without prior declaration; g. Import or export of unconventional seeds in violation of applicable legislation; h. Obstruction of official inspection or control activities; i. Non-compliance with the conditions of admission for control; j. Fraud or attempted fraud in the utilization or marketing of seeds transiting ECOWAS Member States; k. Sale of prescribed seed under different name: Any person who sells or sows any seed under a description other than its varietal or prescribed name commits an offence under this Regulation; and l. Altering official seed records. Any person who, without lawful authority, alters, defaces or removes any register, roll, index or other official markings, certificate, report, invoice, account, label, note, docket or mark placed upon a container or other document prescribed, issued, furnished or kept under this regulation commits an offence under this Regulation and shall be punishable by fines or imprisonment depending on the gravity of the offence. Section 2: The Government of Liberia shall take all appropriate measures to impose sanctions for any breach of the provisions herein stipulated and subsequent regulations as per industry standards and best practices. 18 Article 24: Miscellaneous Provisions Section 1: Forms and Orders The SDCA shall prepare and issue forms, as per guidelines established under ECOWAS Harmonized Seed Regulations for use in implementation of the relevant sections of this Act. Article 25: Entry into Force This Act shall take effect immediately upon publication in handbills by the Ministry of Foreign Affairs. ANY LAW TO THE CONTRARY NOTWITHSTANDING 19