Seed Act, 1988 (Act No. 5)

The Malawi Gazette Supplement, dated 27th May, 1988, containing Acts (No. ~C) MALA WI GOVERNMENT Act (Published 27th May, 1988) No. S of 1988 SECTION I assent H. KAMUZU BANDA LIFE PRESIDENT 18th May, 1988 ARRANGEMENT OF ·SECTIONS PART I-PRELIMINARY 1. Short title and commencement 2. Interpretation PART II-ADMINISTRATION 3. Contrnller ofSeeds 4. Registers PART Ill-REGISTRATION OF SEED lMPOR'I'ERS, SEED CLEA1''ERS AND SEED SELLERS 5. Registration of seed importers, seed cleaners and seed sellers 6. Application for registration of seed importer, seed cleaner or seed seller 7. Registration in-eases of pattRership business 8. Inspection on application for registration 9. C-ertifica,te of t"egistration lO. Devolution and transfer of business of i'egistered person 11. Cancellation of regist£ation 12. Appeal to Minister 13. Alteration of particulars of registration 14. &emption from registration 1 Seed p ART IV-SEED Th:sl's 15. Establishment of seed-testing stations Hi. Designation of official seed-testers No.S 17. Registers of official seed-testers and seed-testing stations 18. Prohibition against testing of prescribed seed except in seed-testing stations 19. Delivery of samples for official seed-testing 20. Reports to be in forms prescribed PART V-SEED !NSPECI'ION 21. Seed inspectors 22. Authority of seed inspectors may be f;eneral or limited 23. Powers to take samples of seed 24. Powers to search premises and seize certain goods 25. Prohibition against obstruction, etc., of seed inspectors PART Vl-LfCENSrNG OF SEED SELLERS 26. Seed seller's licence 27. Classification of the seed seller's licence 28. Application for seed seller's licence 29. Refusal to issue seed seller's licence 30. R-evocation of seed seller's licence 31. Appeal to Minister where seed seller's licence is refused or revoked or condition is imposed on the applicant 32. Application for new licence PART VII-PRESCRIBED SEED 33. Power of Minister to declare seed to be prescribed seed 34. Treating and cleaning of prescribed seed 35. Duties of seller on sale of prescribed seed 36. Disposal of sub-standard prescribed seed PART VIlI-lMPoRT AND EXPORT OF SEED 37. R.estriction on importation and exportation of certain seed 38. Seed importers to be rngistered 39. Conditions for importation of prescribed seed 40. Testing of imported. prescribed seed 41. Importation of trade samples 42. Court may order forfeiture and disposal of illicit prescribed seed PART IX-CERTIFICATION OF SEED AND PRODUCTION SEED FOR CERTIFICATIONS 43. Certification of prescribed seed 44. Variety of certified seed 45. Registration of soed producers 46. Register of seed producers 4 7. Cancellation of registration of registered seed producer 48. Reasons for refusal to register or for cancellation 49. Appeal to Minister by seed producers 50. Certification of'Seed by the Controller of Seeds No. S Seed 51. C,ertified seed of Malawi to be produced from approved seed 52. Certificate to be produced on sale of Malawi Certified Seed 53. Certification of imported prescribed seed as Imported Certified Seed 54. Duties of seller on sale of certified seed in sealed containers 55. Prohibition respecting sale of uncertified seed 56. Prohibition against sale of certified seed without being in possession of appropriate certificate PART X-OFFENCES AND MISCELLANEOUS PROVISIONS 57. Failure to comply with Act or regulations 58. Prohibition against tampering with samples 59. Prohibition against altering, defacing or removing official records, etc. 60. Prohibition against altering, etc., documents and marks 61. Secrecy 62. Prohibition against sale of prescribed seed without seed seller's licence 63. Prohibition against sale of untested prescribed seed 64. Prohibition against sale of sub-standard prescribed seed 65. Prohibition against sale of prescribed seed under name other than varietal name 66. Penalties 67. Inspection ofregisters 68. When Act not applicable to sale of prescribed s~--d '69. Exemptions from the provisions of this A-ct 70. Regulations An Act to provide for the regulation and control of the production, sale, importation and exportation of seed for sowing, and for the testing and minimum standards of germination and purity thereof, and further to provide for the certification of seed and for matters incidental to or connected therewith ENACTED by the Parliament of Malawi as follows p ART {-PRELIMINARY 1. This Act may be<:ited as the Seed Act. 1988.Jand shall come Short tide into operation on such date as the Minister may appoint by notice aod · h G commencc-m t e azette. ment 2. In this Act, unless the context otherwise requit-es- I~terpreta "ad vertisement" includes any sta-tement, picture, design or tion device (a) pubtished in any newspaper or other publication in general-cit"culation to t-he public; or l.jJ) contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner; "certified seed" means any pr.escribed 'Seed which is certified under the prnvisions of Part IX; 3 4 Seed No. "container" includes a ba,g, barrel, case, tin, package or am other container in which seed is placed or pack-ed; "contract of ~le" includes an agreement to sell; "Controller of Seeds" means the officer in the public servi~ designated as such under the provisions of section 3; "Imported Certified Seed" means any prescribed seed certified in the country of its origin imported by a registered seed importeI and certified as Imported Certified Seed under the provisions of Part IX; "label" includes any legend, work, mark, symbol or design applied or attached to, or accompanying, any seed or package of seed; "licensed seed seller" means any seed seller licensed under Part VI; "Malawi certified seed" means any prescribed seed produced in Malawi and certified as such under the provisions of Part IX; "official seed-tester" means any public officer designated as an official seed-tester under Part IV; "owner", in relation to any seed, includes any person having for the time being the possession, custody or control thereof; "prescribed seed" means any seed declared as such by an order made under section 33; "purity" means analytical purity expressed as a p,.,-.centage by weight; "registered seed cleaner" means any person registered as such under Part III; "registered reed producer" means any seed producer registered as such. under Part IX; "restricted seed" means any seed restricted or otherwise controlled under section 37, "seed" means the part of any plant, customarily ref erred to as seed, intended for planting and includes seed potatoes; "seed cleaner" means any person engaged in the trade or business of removing impurities from seed; "seed cleaning plant" includes any premises used for the removal of impurities from seed; "seed importer" means any person who1 either exclusively or in coniunction with any other tra<te or business, imports seed into Malawi for resale; "seed inspector" means any person designated as seed inspector under section 21; "seed producer" means any person who, either exclusively or in conjunction with any other trade or business, produces seed for sale; No. 5 Seed "seed seller" means any person who, either exclusively or in conjunction with any other trade or business, sells seed for sowing; "seed-testing station" means any premises, suitably equipped for tho purpose, where seed is tested for its purity and .germina tion capacity; "sell" includes to exchange or barter or to offer, advertise, keep, expose, transmit, convey or deliver for or in pUt'Suance of a sale, exchange or barter; "special variety" means any variety of prescribed seed which has been specified by the Minister pursuant to section 44 for the purposes of Part IX; "variety" means a subdivision of any kind which can be differentiated from other subdivisions of that kind by growth, plant, fruit or other characteristics and any uniform group which is a first generation hybrid reconstituted on each occasion by crossing.two or more breeding stocks maintained by inbreeding. PART II-ADMINISTRATION 3.-{l) There shall be a -Controller of Seeds for the purposes of Controller this Act, who shall be an officer in the public service, and who, of Seeds subject to the general and special di£ections of the Minister, shall be responsible for the administration of this Act. (2) The Controller of Seeds may, subject to the general or special directions of the Minister, delegate any of his powers or functions under this Act to any o.ffi.oer in the public service. 4. The Controller of Seeds shall keep and maintain (a) a register of seed importers which shall contain (i) the names and addresses, and the principal business addresses in Malawi, of all seed importers registered under this Act; {ii) such other particulars as may be prescribed; (b) a register of seed cleaners which shall contain (i) the names and addresses, and the principal business addresses in Malawi, of all seed cleaners registered under this Act; (ii) such other particulars as may be prescribed; (c) a register of 'Seed sellers which shall contain {i) the names and addresses, and the principal business addresses in Malawi, ofall seed sellers registered under this Act; Ci.I) such other particulars as may be prescribed. (d) all other registers prescribed or required under this Act, each of which shall contain such particulars as are prescribed in Japa:tofsuch.register. Registers 5 6 Registration of seed importers. seed cleaners and seed sellers Application for registration of seed importer, seed cleaner or seed seller Registration in cases of partnccship business Inspection on application for registration Seed No. S PART Ill-REGISTRATION OF SEED IMPORTERS, SEED CLEA."IBRS AND SEED SELLERS S. No person sha.U carry on or engage in .the business of an importer, cleaner or seller of any prescribed seed unless he has been registered under this Act o.-{l) An application for registration as a seed importer, seed cleaner or seed seller shall be made to the Controller of Seeds in the prescribed form and shall be accompanied with the prescribed fees. (2) As soon as practicable after receipt of an application for registration, the Controller of Seeds shall ~a) if he is satisfied that the applicant has complied with the prescribed requirements, enter the name and address and the principal business address of the applicant in the appropriate register as a registered seed importer or registered seed cleaner or registered seed seller, as the case may be; {b) if he is not satisfied that the applicant has complied with the prescribed requirements, refuse to register the applicant. (3) A registration under this section shall be valid until cancelled under the provisions of this A-ct, but shall be subject to payment of such foes as may be prescribed to be payable annually. { 4) The Controller of Seeds may impose such conditions with regard to any application for registration under this section as he deems necessary to ensure that the applicant complies with the provisions of this Act or with any prescribed requirements. (5) The refusal of an application for registration as a seed importer, seed cleaner or seed seller shall not preclude the applicant from making a f Fesh application for the same registration at any subsequent time. (6) A person registered under this section who fails to comply with any condition or requir-ement imposed under this Act shall be guilty of an offence. 7.--(l) Where an application is made under this Part for r-egist-ration and the business sought to be registered is a partner ship, the partners shall nominate one member of the finn who shall, upon the application being granted by the Controller of Seeds, be registered unde1 this Act in respect of the partnership business. {2) Registration of any person under this Part shall not be construed as affecting or limiting any liability present or f uturc existing or arising between such partners or between them and any third person. 8. For the purpose of considering an application for registra tion as a seed importer, seed cleaner or seed -seller the Controller of Seeds may at any reasonable time enter upon and inspect the No. S Seed warehousing, storage and other facilities which tho applicant proposes to use in and about his business. 7 9.-{l) A certificate of registration under this Act shall be in Certificate or such .form as may be prescribed and the person to whom the registration certificate is issued shall cause it to be displayed in a prominent place within his principal place of business in Malawi and shall keep it so displayed during the continuance of his registration. (2) A person who fails to display a certificate of registration in accordance with subsection (1) shall be guilty of an offence. 10.-(1) Where a registered person who is an individual dies, Devolution the following provisions shall apply- and ~nsfcr (a) the death of the registered person shall not of itself render ~~ =~~ unlawful the carrying on, during the period of six months from person the date of his death, of the business carried on by the deceased; (b) the personal representative of the deceased or, with the consent of such personal representative, any other person shall, subject to the provisions of this section, be entitled, on applica tion to the Controller of Seeds in the form and manner prescribed, to be registered under this Act in respect of the business formerly carried on by the deceased; {c) the surviving partner or joint owner, or the nominee of the surviving partner or joint owner, as the case may be, shall, subject to the provisions of this section, be entitled, on applica tion to the Controller of Seeds in the form and manner prescribed, to be registered under this Act in respect of the business formerly registered in the name of the deceased; (d) from the date of the death of the registered ps.,"'t"Son until the -registration of another person, the person actually carrying on the business of the deceased shall be deemed {o be the r-egistered person for the puq,oses of this Act. {2) Where a registered person (hereinafter ref erred to as the "transferor") trnnsfers on sale or otherwise the business carried on by him in respect of which he is registered to another person (hereinafter referred to as the "transferee"), then {a) the transferee shall be entitled, on application to the Controller of Seeds in the form and manner prescribed and on satisfying the Controller of Seeds that he has become the proprietor of the business, to be -registered under this Act in respect of the tt"ansferred business; {b) until the transferee has been registered pursuant to paragraph (a), the transferor shall, for all purposes of this A-ct, continue to be the -r-egistered person. (3) Where an application is made to the Controller of Seeds for r-egistration under this section, the following provisions shall apply (a) where the applicant is the personal representative of a ooceased registered person and is applying under subsection 8 Cancellation of registration Seed No. ( 1) for registration solely in his capacity as a pe.rsonal repr.esent tive, the -COntroller of Seeds shall not refw;e the application; (b) in every other-case the Contt:oller of Seeds may, if he thinR it proper, refuse· the application on !i) the ,ground that the applicant has previously had hi registration under this Act cancelled; or {ii) any other reasonable ground. 11. The Controller of Seeds may cancel the registration o. any registered person if he is satisfied that the registered person {a) has failed or fails in any respect whatsoever to compl) with any provision of this Act or with any condition or require ment imposed or prescribed under this Act; (b) that a registered person (i) has ceased to carry on business for which he is registered; (ii) has been convicted of an offence under this Act; .(iii) has been adjudicated, or is an undischarged, bankrupt; or (iv) if an incorporated body, has been wound-up; {c) being individual, has died and, within six months after such death, no other person has been registered in his stead; {d) being an incorporated body, has been dissolved and within three months after such dissolution no other person or body has been registered under this Act in respect of the business concerned. Appeal to 12.-(1) Any person whose application has been refused under Minister s-.ACtion 6 (2) (b) may appeal to the Minister in writing a-gainst the decision of the Controller of Seeds. (2) In determining an appeal made to him under subsection (1) the Minister may call for the views of the Controller of'Seeds to be made in writing or orally and may thereafter make such <iecision as he considers appropriate. Alteration of 13.-(1) The Controller of Seeds may, at any time, alter any par.ticul~rs of particulars of registration of any registered person upon applica registrat1on t· 1on (a) by the registered person; '(b) by the personal representative of a deceased regis-tered person; (c) in the case of an incorporated body, by the managing director or the liquidator thereof. (2) In addition to the circumstances specified in subsection (I), the Controller of Seeds may alter any registration of any registered person in any respect in which such registration appears to him to be erroneous or misleading and, in such case, the following provisions shall apply {a) the Controller of Seeds shall not make any such alteration unless he has given to the regist«ed person or his personal No. 5 Seed representative or its managing director or liquidator, as the case may be, at least fourteen days notice in writing that the Controller of Seeds is considering making alteration and shall state the ~rounds on which such alteration is based; ( b) the Controller of Seeds shall consider any representations, in relation to such alteration, made to him by a person to whom notice under paragraph (a) was given or any other person with bona fide interest in the matter of such alteration; {c) the Controller of Seeds may, if he thinks fit, cause an inquiry to be held in relation to such alteration; (d) such alteration shall be made within three months after the expiration of the notice given under paI"agraph{a). 14.--(1) The Minister may exempt any registered person from any or all of the provisions of this Part. PART IV-SEED TESTS Exemption from registration 9 15. The Minister may establish and maintain one or more Establish seed-testing stations in Malawi. =~t~ting stations 16. Upon the establishment of a seed-testing station, and Design~tion from time to t~me ther:eaftei: as occasion may ~equire, the Minister ~~~~~~ shall, by a notice published m the Gazette, designate public officers to be official seed-testers. 17. The Controller of Seeds shall keep and maintain the following registers (a) a register of official seed-testers, which shall contain (i) the name and address of each official seed-tester appointed under this Act; "(ii) such other particulars as may be prescribed: (b) a register of seed-testing stations, which stations shall contai-n {i) the name and address of each seed-testing station established under this Act; and {ii) such other particulars as may be prescribed. 18.-{l) Any person who, in any plooe which is not a seed testing station, tests or purports to test for the purposes of this Act any pr-escribed seed shall be guilty of an offence. (2) Upon the -conviction of any person of an offence under subsection (1), the court may, in addition to any other penalty imposed, declare any machinery, equipment and chemicals and any prescribed seed found in the place concerned to be forfeited or order them -to be dest-royed without compensation. Registers of seed-testers and seed testing stations Prohibition against testing of prescribed seed except in seed testing stations 19.-(l) Every person who has produced or acquired any Delivery of prescribed seed which has not been tested for the purposes of this ~mc1!ft!~t Act and intends to sell such seed for-sowing shall, prior to offering it for 'Sale, take a sample thereof in the manner prescribed and deliverett' the sample to a seed-testing station together with a No. 5 Seed ( c) for such other purposes as may be deemed necessary by the seed inspector in relation to the exercise of his powers under this Act. 24.-{l) A seed inspector may, for any of the purposes of this Powers to 11 Act, and at all reasonable times, enter upon- scare~ ( ) 1 d b ·1d· · I . h I d premises and a any an , UI mg, premises or p ant, not bemg t e an , seize certain building, pr-emises or plant of a registerca seed cleaner, which goods he has reasonable cause to believe is being used in the clcarung of prescribed seed in contravention of this Act, and inspect the same and any machinery and equipment found therein and may seiz.e and remove therefrom and detain any such machinery or equipment, or any'.prescribed seed, or any book, record or document found therein, which would afford evidence of a contravention of this Act; {b) any land, building, premises or plant, being used by a registered seed cleaner as a seed cleaning plant, for the purposes of inspecting the same; and if, upon such inspection, he has reasonable cause to believe that the seed cleaning plant, or any machinery or equipment found therein {i) is being maintained, operated or used in contravention of this Act, he may seize and remove therefrom and detain any such machinery or equipment or any prescribed seed or any book, re--v0rd or document found therein, which would afford~vidence of a contravention of this Act; or {ii) is, be----ause of a mechanical or operational defect, contri buting -to the distribution from the plant of any prescribed seed which is not cleaned to the standards prescribed therefor, he may by notice in writing require the registered seed cleaner to rectify the machinery or equipment within seven days of the receipt of such notice, and in the event of the registered seed cleaner failing to comply with such notice, the seed inspector shall notify the Controller of Seeds of such failure to comply; .(c) any land, building, premises or vehicle at or in .which he has reasonable cause to believe that any prescribed seed or restricted seed is being stored, -sold or transported for sale in contravention of this Act, or is being packed in packages or other containers which are marked or labelled, or are being marked or fa belled, with any description, mark or date in contra vention of this Act, and may, without liability for any payment to any person whosoever, take samples of the seed found therein and the owner of the land, building, premises or vehicle, or his agent or the person in custody or ·control thereof shall on demand furnish to the seed inspector a statement in writing containing such particulars with respect to the seed as may be required by the -seed inspeotor who, further, may seize and remove therefrom and detain any prescribed seed or restricted seed or any package or container or any label, stamp or device 12 Prohibition against obstruction, etc., of seed inspectors Seed seller's licence aa-ssificatioo of the seed seller's licence Seed No!S for marking, stamping or labelling, or any book, record or document found therein, which would afford evidence of a contravention of this Act. .(2) Every seed inspector shall, on demand by the owner, or the person having custody of such land, building, premises, plant or vehicle, produce his authority to enter upon such land, building, premises, plant or vehicle. (3) Any seed inspector who has seized and detained any item or thing pursuant to the authority under subsection (1), shall give to the person from whom such item or thing was seized a receipt for the seizure and detention thereof signed by such seed inspector. ( 4) Any prosecution for an offence arising from the findings of an inspection conducted under subsection (1) shall be instituted only with the consent of the Chief Public Prosecutor; and in the event of the Controller of Seeds being advised in writing by the Chief Public Prosecutor that no prosecution should be instituted, then any item or thing seized in the course of the inspection shall be returned to the owner thereof or to the person from whose custody it was taken within ten days from the date of the receipt by the Controller of Seeds of such advice. 25. Any person who (a) obstructs or impedes a seed inspector in the due exercise of his powers under this Act; or {b) refuses to furnish to a seed inspector, on request, any particulars or information to which the seed inspector is entitled under this Act; or {c) wilfully or recklessly gives to a seed inspector or an authorized officer any false or misleading particulars or inf orma tion with respect to any fact or matter to which the seed inspector is entitled under this Act, shall be guilty of an offence. PART VI-LICENSING OF SEED 'Ssr..LERS 26. A licence, to be known as a seed seller's licence, issued under this Pat"t shall entitle the licensee to sell for sowing pre scribed seed in accordance with the terms and conditions of the licence. 27. A seed seller's licence shall be classfied as either (a) an unrestricted general licence, which shall authorize the licensee to sell prescribed seed by wholesale or retail or both and to carry on his business throughout Malawi; or {b) a restricted general licence, which shall authorize the licensee to sell prescribed seed by wholesale only or by retail only and to carry on his business throughout Mala,vi; No. 5 Seed 13 (c) an unrestricted limited licence, which shall authorize the licensee to sell prescribed seed by wholesale or retail or both and to carry on his business in such plaoe or places or on -such premises as may be spoci:fied in the licence; or (d) a restricted limited licence, which shall authorize the licensee to sell prescribed seed by wholesale only or by retail only and to carry on his business in such place or places or on such premises as may be specified in the licence. 28.-{l) An application for a seed seller's licence shall be made Application to the Controller of Seeds in the prescribed manner and shall be fofi S<;Cd accompanied with the prescribed fee. lice~ (2) The Controller of Seeds may impose such conditions with regard to the granting of any application for a seed licence as he may deem to be necessary in order to ensure that the applicant complies with the provisions of this Act or any requirements prescribed under this Act. 29. The Controller of Seeds may refuse to issue a seed seHer's Refusal to licence on the following grounds- ~r;.~ct {a) if the applicant has failed to comply with any condition licence precedent to the granting of his application imposed under section 28 '(2); (b) if the applicant, having formerly been a licensed seed seller or a regist.er-ed-seed importer under this Act, has been convicted of an offence under this Act; or (c) if the Controller of Seeds considers the applicant not to be a fit or proper person to hold a seed seller's licence. 30.-{l) A seed seller's licence shall become revoked upon the Revocation death of the licensee or, where the licensee is an incorporated ~ seller's body, upon the winding-up or dissolution of that body. licence (2) The Controller of Seeds may at any time revoke a seed seller's licence { a) if the licensee has failed or fails to comply with the terms and conditions of the licence; or (b) if the licen-see has been convicted of more than one offence under this Act; or (c) if the lioensee has failed or refused to comply with any r-easonable direction as regards the sale or storage of any prescribed seed given to him in writing by a seed inspector or by the Controller of Seeds. (3) The Controller of Seeds shall notify the licensee in writing of the revocation of his licence under subsection (2). 14 Appeal to Minister where seed seller's licence is refused or revoked or condition is imposed on the applicant Application for new licence Power of Minister to declare seed to be prescribed seed Tceating and cleaning of prescribed seed Seed No.S 31.--{1) Any applicant for a seed seller's licence whose applica tion has been ref used or upon whom any condition has been imposed under section 28 (2) and any former lioensee whose licence has been revoked tnay, within one month aller receipt of notice of such refusal, imposition of the condition or revocation, appeal to the Minister against the decision of the Controller of Seeds, and the appeal shall be made in writing and shall specify the grounds thereof. (2) In determining an appeal made to him under subsection (1) the Minister may call for the views of the Controller of Seeds to be made in writing or orally and may, as he deems appropriate, cither (a) uphold in whole or in part the decision of the Controller of Seeds; or (b) direct the Controller of Seeds to (i) issue the licence as applied for; {ii) strike out all or any of the conditions imposed by the Controller of Seeds, or amend or alter such conditions in such manner as the Minister may direct; or {iii) cancel the revocation of the licence and restore the licence to the former licensee. 32.--{1) Subject to subsection (2), where a seed seller's iicence has been revoked in accordance with this Part the former licensee may apply to the Controller of Seeds for a new seed seller·s licencei {2) .& licence issued pursuant to an application under sub section (1) shall not operate as a renewal of the revoked seed seller's licence formerly held by the licensee. PART VII-PRESCRIBED SEED 33. The Minister may from time to time, by order published in the Gazette, declare any seed to be a prescribed seed. 34.--{1) If, upon test made under Part IV, it is found and reported by an official seed-tester that any prescribed seed does not conform to the prescribed standards of germination or purity, the owner thereof shall forthwith arrange for the prescribed seed to be treated or cleaned. (2) Where any prescribed seed has been t-reated or cleaned pursuant to subsection (1), the owner may request a seed inspector to take, and the seed inspector thereupon shall take, a further sample thereof as required under this Act, which sample shall be sent by the seed inspector to a seed-testing station for further test, and the owner may, as often as he so desires, cause further treatments or cleanings of such prescribed seed to be effected and further tests to be made in like manner until such time as the No.5 Seed prescribed seed is found and reported by the official seed-tester to conform to the standards of germination and purity prescribed therefor. 35.-{1) Subject to the provisions of this Act, any person who Duties or sells, for sowing, any prescribed seed which has been tested in seller r n accordance with the provisions of this Act and found to conform :~ibed to the standards prescribed shall- seed (a) if the prescribed seed is sold in sealed containers, cause to be printed or stamped upon each such container or upon a label attached thereto or enclosed therein in such a way as to be legible without opening the container, in clear and -legible letters and figures (i) the words "tested seed"; and (ii) the date upon which the prescribed seed was tested; and (iii) such other particulars as may be prescribed; (b) if the prescribed seed is sold in bulk quantities (i) and the seller is the person who caused the test to be made, furnish to the buyer at the time of sale a statement in writing containing the name and address of the seed-testing station where the {est was made, the date of the test, and a declaration by the seller that the bulk quantity sold by him is all or part of that 'from which the sample tested was taken, together with such other particulars as may be prescribed; {ii) and the seller is not the person who caused the test to be made, furnish to the buyer at the time of sale a copy of the statement furnished, under the provisions of subparagraph (i), by the person who caused such test to be made, and shall endorse thereon a declaration that the bulk quantity sold by him is all or a part of that to which such statement was related at the time he procured the prescribed seed. (2) Any person who fails to comply with the requirements of subsection (1) shall be guilty of an offence. (3) The validity of a contract for the sale of prescribed seed, or the right to enforce 'Such a contract, shall not be affected by non compliance with this section. {4) For the purposes of this section (a) the expression "in bulk quantities" includes any quantity of seed, but does not include seed which is packed and sold in sealed containers; <b) the word "sale" includes "gift". 15 36. Subject to the provisions of section 34, if a -sample of any Disposal of prescribed seed is, upon test, found and reported by an official sub-st~ndard seed-tester not to conform to the standards of germination and ~nbed purity prescribed for such prescribed seed, the Controller of Seeds may 16 Restriction on importation and, exportation of certain seed Seed imports (O be registered Conditions for import ation of pres cribed seed Seed No. 5 (a) if such prescribed seed has been seized and ·detained in accordance with the provisions of this Act (i) subject to such conditions as to its sale and use as he may impose, direct its return either to the owner thereof or to the person from whose custody or control it was taken and in so directing the Controller of Seeds may impose such condi tions as to its sale or use as he may consider necessary; or {ii) order it to be destroyed without payment of compen sation to the owner if, upon reasonable grounds, he is satisfied that it is in a state dangerous to public health or injurious to animals or plants; {b) if the prescribed seed has not been seized or detained in accordance with the provisions of this A-ct (i) permit the owner thereof to retain the prescribed seed subject to such conditions as to its sale or use as the Controller of Seeds may impose; (ii) order it-to be destroyed at the premises where located or to be seized by the Controller of Seeds and destroyed, in either case without payment of compensation to the owner, if, upon reasonable grounds, he is satisfied that it is in a state dangerous to public health or injurious to animals or plants. PART VIII-IMPORT AND EXPORT OF SEED 37.-{l) The Minister may, from time to time by oroer published in the-Gazette restrict, limit, make subject to conditions, or prohibit the importation into Malawi or exportation from Malawi of any particular variety or class of seed, in this Act referred -to as "re stricted seed". (2) A person who imports or exports any restricted seed in contravention of this Act or any regulations made thereunder shall be guilty of an offence. 38.--(1) No person shall import. into Malawi for sale any prescribed seed un-less he is a registered seed importer. {2) A person who contrnvenes subsection {l) shall be guilty of an off enoe. 39.-(l) No registered se..."<i importer shall import any prescribed seed into Malawi unless {a) such -seed is not f'estricted seed; (b) such seed conforms to the standards of .germination and purity and other requirements prescribed therefor; ( c) if such seed is packed in a container, such container complies with the provisions of section 35 as to the manner oflabelling; ( d) the genus, 'Species and variety of such seed, and the country of its origin, is shown on an invoice or delivery note accompany ing such seed at the time of its importation. No. 5 Seed (2) The Minister may exempt any registered seed importer, or any particular species, variety or class of prescribed seed, from subsection (1) and such exemption may be subject to such condi tions as the Minister may, in his discretion, impose. (3) A person who fails to comply with subsection (1) or with any condition imposed by the Minister under subsection {2) shall be guilty of an offence. 17 40.-{l) Upon importation into Malawi of any prescribed seed, :resting of the registered seed importer to whom the prescribed seed is impof!~ consigned shall, within seven days. of its delivery to him, cause ~~n a sample thereof to be taken in the manner prescribed and sent for test to a seed-testing station. (2) No ·person shall sell or otherwise dispose of imported prescribed seed prior to the receipt, by the registered seed importer who imported such prescribed seed, of a report on the -test of the sample thereof from the seed-testing station confirming that the imported prescribed seed conforms to the prescribed standards of germination and purity. (3) A person who contrnvcnes or fails to comply with subsection -(1) or (2) shall be guilty of an offence. 41. Nothing contained in this Act shall be constrned as pro hibiting the importation by any-r-egistered seed importer, by post, of a sample of any prescribed seed not exceeding one kilogram and which is being imported into Mala,vi solely as a trade sample and its quantity is of no commercial value. Importation of trade samples 42. Upon the conviction of any person of an offence under Court may h · P h · dd · · h l · d order for-t 1s art t e court may, ma then to any ot er pcna ty impose , feiture and declare any prescribed seed or restricted seed found in possession disposal of or under the control of the defendant and connected with the illi~~re commission of the offence to be forfeited and may order it to be ~ destroyed without compensation. PART IX-CERTIFICATION OF -SEED AND PRODUCTION OF SEED FOR CERTIFICATION 43. Subject to the provisions of this Part, prescribed seed C.Crtification may be certified by the Co:-itrollcr of Seeds- ~ribcd {a) in the case of seed produced in Malawi, as "Mala,vi Certified Seed"; or (b) in the case of imp01ted seed, as "Imported Certified Seed". 44. The Minister may, by order published in the Gazelle, Variety of specify the variety or varieties of prescribed seed which may be certified sc,ed cultivated for the purpose of producing seed for certification as Malawi Certified Seed or as Imported Cettified Seed. 18 Registration of seed producers Register of seed producers Cancellation of registration of registered seed producer Seed No 45.-{l) Every producer of prescribed seed ·shall apply to 1! Controller of Seeds for registration as a registered reed producea (2) An application for registration as a f'egistered seed produ~ shall be made in the prescribed manner and shall be accompani~ with the prescribed registration fee. (3) As soon as practicable after receipt of an application fc registration as a i"egistered seed producer, the Controller of See< may .(a) refuse for good cause to register the applicant; or (b) register the applicant as a seed producer if he is satisfie that (i) the applicant is a person suitably -qualified an experienced in seed production and capable of producin! to the prescribed requirement, prescribed seed which ma qualify for certification as Malawi Certified Seed, using variety or varieties specified in his application; and .(ii) the land proposed to be used for the production o such specified variety or varieties is reasonably suited t4 the production of such crop. (4) The Controller of Seeds may impose such conditions an< limitations upon any registration under this section as he ma: deem necessary, including limitations as to the hectarage to b1 used in the cultivation of any particular prescribed variety by th< applicant and also including limitations as to the specified yariet) or varieties to be produced by such applicant upon his registratior as a registered seed producer. {5) Registration under this section shall be valid for the produc tion of one crop only of the particular specified variety or varieties to which it relates. 46. For the purposes of this Part, the Controller of Seeds shall keep and maintain a register of seed producers which shall contain (a) the name and addresses of all registered seed producers; (b) particulars of the specified variety or varieties •to be grown by each registered seed producer; {c) particulars of the location and area of the land where each such specified variety is to be grown by each -registered seed producer; {d) the duration of the registration; {e) such other particulars as may be prescribed. 47.-{l) Where any registered seed producer, during the continuance of his registration as such {a) fails or -ceases to comply with any provrsfon of -this Part or with any requirement or condition p,escribed under this Part in respect of the production of any specified variety i ntendcd for .certification as Malawi Certified 'Seed; or No. S Seed (b) parts with the possession of, or is dispossessed from, the lands upon which a specified variety intended for certification as Malawi Certified Seed is in course of production, the Controller of Seeds shall forthwith cancel the registration of such registered seed producer in ·respect of the production of the specified variety. (2) Where any registered seed producer, during the continuation of his registration as such (a) is convicted of an offence under this Act; or (b) dies or, being an incorporated body, is wound-up or dissolved, the Controller of Seeds shall forthwith cancel the registration of such registered seed producer. (3) In the event of a cancellation under subsection (1) or (2), the successor in interest to the registered seed producer may apply under this Part for registration as a registered seed producer in respect of the crop in course of production at the time of such cancellation. 19 48.-(1) A seed producer whose application for registration Reasons for as a registered seed producer has been i"efused or made subject ref1;1saI to r, d. . 1. . . b h C ll f S d register or or to any con 1tton or 1m1tatton y t e ontro er o ee s, or any cancellation registered. seed producer whose registration has been cancelled may, within twenty-one days after such refusal, imposition of conditions or limitations or cancellation, in writing request the Controller of Seeds to furnish his reasons for refusing to register the applicant or for imposing conditions or limitations upon the registration of the applicant or for the .cancellation of the registra tion of the registered producer. (2) Within fourteen days after receipt of such request, the Controller of Seeds shall furnish in writing to the applicant the reasons as requested. 49.-(l) If a seed producer is not satisfied with the reasons furnished by the Controller of Seeds under section 48 or if the reasons have not been furnished within the prescribed time, he may, within twenty-one days after his receipt of the reasons or after the expiry of the J){"escribed time, appeal to the Minister in writing against the .decision of the Controller of Seeds. (2) In determining the appeal made to him under subsection ( l ), the Minister may call for the views of the Controller of Seeds to be made in writing or orally and may, as he deems appropriate, either (a) uphold in whole or in part the decision of the Controller of Seeds; or (b) direct the Controller of Seeds to (i) to register the appellant as a registered seed producer in the terms of his application for registration; or Appeal to Minister by a seed producer 20 Seed (ii) to strike out all or any of the-conditions or limitations imposed by the Controller of Seeds, or to amend or alt-er such conditions or limitations in such manner as the Minister may direct; or (iii) to restore the registration. No, 50.-{l) Upon it being shown to the satisfaction of the Control- Certificatio ler of 'Seeds that a particular prescribed seed- of seed by t: ( ) . f .fled . Controller a is o a spec1 vanety; Socds (b) is of known derivation; {c) has been produced by a registered seed producer; {d) has been produced on the land designated in the register; (e) has been sown, cultivated and produced as prescribed; (f) has been inspected during cultivation as prescribed; and (g) has been tested in accordance with the provisions of this Act and found to conform to the standards of germination and purity, the Contrnller of Seeds may certify such seed as Malawi Certified Seed. (2) Having certified any seed as Malawi Certified Seed the Controller of Seeds shall rssue to the registered seed producer a certificate in the prescribed form in respect of such seed, and shall enter the particulars of such certification in the register of seed producers in relation to the registered seed producer concerned. 51. No registered seed producer shall use for the production Certified of Malawi Certified Seed any variety of seed which has not been ~ ~ bt approved for such purpose by the Controller of Seeds. pr~uced0 from approved seed 52.-{1) Upon any -sale of Malawi Certified Seed by any Certificate regist-ered seed producer, he shall, at the time of such sale- to 00 be ced pr u on (a) produce for inspection by the buyer the certificate issued :'~ 0 L under this Pact in respect of such seed; and Cert!~ {b) furnish to the buyer a true copy of such certificate counter- Seed signed by him as the producer of such Malawi Certified Seed. {2) A registered seed producer who fai·ls to comply with this section shall be guilty of an offence. 53.-{l) The Controller of Seeds may, upon application by Certification a registered seed import.er, certify as Imported Certified Seed any of imJ?Oi:ed prescribed seed of specified variety which- ~!1s d (a) has been imported into Malawi by the applicant; and ~~?~ (b) has been tested in accordance with the provisions of this Seed Act; and No. 5 Seed (c) has been certified. as certified. seed under the laws of the country of its origin; and (d) is accompanied. by a certificate which ·the Controller of Seeds considers acceptable for purposes of certification under this Part; and (e) is shown to the satisfaction of the Controller of Seeds to have been produced under conditions, and to conform to standards, equal to or higher than those prescribed for the production and certification of Malawi Certified Seed. {2) Having certified any imported prescribed seed as Imported Certified Seed, the Controller of Seeds shall issue to the registered seed importer a certificate in the prescribed form in respect of such certification in the register of seed importers in relation to the registered seed importer concerned.. 21 54.-{l) Any person who sells, for sowing, any certified seed Duties of · ~-~ t-A • h 11 be • ed ped seller on m.- containers s a cause to prmt or stam upon sale of each such container or on a label attached thereto or enclosed certified seed therein in such a way as to be legible without opening the container, in ~.led in clear and legible letters and figures- con mers (a) in the case of Malawi Certified Seed (i) the words "Malawi Certified Seed" in lieu of the words "tested seed''. as required under section· 35; (ii) the date of testing; '(iii) the number of the certificate issued in respect thereof; and (iv) such other particulars as may be prescribed; {b) in the case of Imported Certified Seed {i) the words "Imported Certified 'Seed" in lieu of the woros "tested seed" as ,required under s~"t:ion 35; {ii) the date of testing; (iii) the number of the certificate issued in respect thereof; (iv) such other particulars as may be prescribed. (2) Any person who faiis to compiy with this section shall be .guilty of an offence. 55.-Any person who £a) sells as certified seed any seed which is not oertified under this Act; or "~ (b) for the purposes of sell, uses, in the description or name of any seed, the word "certified" or any cognate word in relation to seed which is not certified under this Act, shall be guilty of an offence. Prohibition against sale of uncertified seed. 22 Prohibition against sale of certified seed without possession of appropriate ccrtifica te 'Failure to comply with Act or regulations Prohibition against tampering with samples Prohibition against altering, defacing or removing official records, etc Seed No. S 56.-(1) Any person who sells in bulk quantities (a) any Malawi Certified Seed or Imported Certified Seed, for sowing, without having in his possession or under his control, at the time of such sale, the certificate or a copy of the certificate issued or furnished under this Part in respect of such seed; .(b) any Malawi.CCrtified Seed or Imported C.ertified Seed, for sowing, and who fails to furnish the buyer, at the time of such sale, the prescribed certificate or a copy of certificate required to be so furnished under this Part in respect of such seed, shall be guilty of an offence. (2) The validity of a contract for the sale of certified seed, or the right to enforce such a contract, shall not be affected by non compliance with this section. (3) For the purposes of this section, the expression "in bulk quantities" includes any quantity of-seed taken, for the purpose of a particular sale, f.rom any larger quantity of seed, but does not indude seed which is packed and sold in sealed containers. PART X--0FFENCES AND MISCELLANEOUS PROVISIONS 57. Any person who contravenes or fails to comply with any of the provisions of this Act, or regulations, requirements or condi tions lawfully prescribed thereunder, shall be .guilty of an offence. 58. Any person who (a) tampers with any prescribed seed so as to procure that any samples of such prescribed seed, taken under and for the purposes of this Act, does not correctly represent the bulk from which the sample was taken; or {b) othenvrse tampers with any sample taken under this Act; or {c) with intent -to deceive, causes or permits to be -sent to any seed-testing station to be tested, for the purposes of this Act, a sample of any prescribed seed which to his knowledge does not represent the bulk from which it was taken, shall be .guilty of an offence. 59. Any person who, without lawful authority, alters, defaces or removes (a) any register, index or other such official record maintained in pursuance of this Act or of any order or requirement made thereunder; or {b) any entry appearing in any such register, index or other such official record, shall be guilty of an offence. No. S Seed 2.3 60. Any person who, without lawful authority, alters or Prohibition defaoes- agai,:ist altenng. etc.. fa) any certificate, report, record, invoice, accounts or other documents document, prescribed, issued, furnished or kept under this Act •nd marks or under any order, tequirement, condition or regulation made thereunder; or (b) any label, note, docket or mark placed upon any container under this Act or under any order, requirement or condition made thereunder, orlwho removes any such label, note, docket or mark from any such container, shall be guilty of an offence. 61. Any person who- Secrecy (a) is employed for the purposes of this Act, publishes or communicates to any person without lawful authority any information acquired by him in the course of his employment; or {b) is in possession of any information which to his knowledge has been disclosed in contravention· of this Act, publishes or communicates that information to any other person, shall be guilty of an offence and be liable to a fine not exceeding five bund-red Kwacha or to imprisonment not exceeding one year. 62. Any person, not being a seed producer or a registered seed Prohibition importer, who, without a seed seller's licence, sells, by wholesale or a1ainst s~~ retail, for sowing, any prescribed seed shall be guilty of an offence. ~\~1~~ut seed seller's licence 63.-{l) Save as provided by section 68, no person shall sell any Prohibition prescribed seed for sowing unless the said seed has previously been against ~ tested as provided by this Act, and upon such test has been found ~~~~d to be of the ·standards of germination and purity prescribed for seed such seed. (2) Any person who fails to comply with this section shall be guilty of an offence. (3) Upon the conviction of any person of an offence under this section, the court may, in addition to any other penalty imposed, declai:'e any such untested prescribed seed found in the possession or under the control of the defendant to be forfeited or may order i-t to be destroyed without compensation. '64.-{l) If, upon test made pursuant to the provisions of this Prohibition Act, any prescribed seed is not found to conform to the standards against sale of germination and purity prescribed for such seed and is so ~~~d~d reported in the report on such test furnished by an official seed- prescribed tester, such prescribed seed shall not be sold by any person, for seed sowing, save with the consent in writing of the Controller of Seeds previously obtained, and subject to any conditions as regards such sale as the Controller of Seeds may impose. 24 Prohibition against sale of prescribed seed under name other than varietal name Penalty Cap. I :01 Inspection of registers When Act not applicable to sale of prescribed seed Exemptions from the provisions of this Act Seed No.5 {2) Any person who sells any prescribed seed in contravention of subsection (1) shall be guilty of an offence. {3) Upon conviction Qf any person of an offence under this section, the court may, in addition to any other penalty imposed, declare any such sub-star.dard prescribed seed found in the possession or under the control of the defendant to be forfeited or may order it to be destroyed without compensation. 65.--{l) Any person who sells, for sowing, any prescribed seed under a description other than its varietal name shall be guilty of an offence. (2) In this section, "varietal name" means the name given to a specific variety of seed by its originator or discoverer. 66.--{l) A person guilty of an offence under this Act for which a penalty has not been specified shall be liable to a fine of K.2,000 and to imprisonment for one year. {2) Any regulations made under this Act may, notwithstanding the provisions of section 2 l {e) of the General Interpretation Act, prescribe a fine of up to Kl,000 and imprisonment for up to six months for an offence committed against any provision of such regulations. <,7. AH -r-egisters maintained by the Controller of Seeds under this Act shall, at all reasonable times, be open to the inspection by any person applying to the Controller of Seeds on payment of the prescribed fee. '68. The provisions of this Act shall not apply (a) to any sale of prescribed seed, which is not Malawi Certified Seed and which has been produced by a seed producer on his own land and is sold by him (i) for sowing by the buyer, and not for purposes of r-e sale; or {ii) to a registered seed cleaner in order that it may be cleaned before being sold for sowing; or Prnvided that it is sold in a container or containers, upon which, or upon the label or labels attached to which, appear clearly and legibly the words "for cleaning purposes only"; {iii) for use as food or as farm feed or for industrial purposes~ ,, (b) to any sale of prescribed seed, which is not certified seed, by or to a person exempted from the provisions of this Act by an order made by the Minister under section 69. 69. The Minister may, from time to time, by or<ler published in the Gazette, exempt any person or class of persons from the provisions of this Act. No.5 Seed 25 70. Where an appeal under this Act lies to the Minister, the Minister's decision of the Minister thereon shall be final and shall not be dccisionpcal . . • b . upon ap subJect to any review or question Y or many court. to be final 71. The Minister may make regulations for the better carrying Regulations out of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for (a) the forms of registers, applications, certificates, licences and reports required to be prescribed under this Act and such other forms as the Minister deems proper to prescribe for the purposes of this Act; (b) the forms of records to be kept by the Controller of Seeds for the purposes of this Act; (c) the forms of records to be kept and returns to be made by registered seed importe~ registered seed cleaners, -registered seed sellers, registered seed producers and licensed seed sellers for the purposes of this Act; (d) the qualifications of official seed-testers under this Act; {e) standards of quality and performance of scientific equip ment and the variety of such equipment to be maintained in any seed-testing station; (f) the operation and management of seed-testing stations, including the number of official seed-testers to be attached to each such seed-testing station and the forms of recor<ls to be kept by seed-testing stations for the purposes of this Act; (g) the manner in which samples are to be taken under this Act, the forms to be used in and about the taking of such samples, and the fees and expenses to be paid for and in respect of the taking of such samples und-er particular circumstances; {/z) the methods to be employed by seed-testing stations and official seed-testers in the 'testing of prescribed seed; ..(1) the standards of germination and purity of specified varieties for purposes of -certification as certified seed under Part IX; (j) the conditions under which prescribed seed for sowing intended for sale may be displayed for sale or stored by any seed producer, registered seed cleaner or licensed seed seller; (k) the manner and methods of iabelling, -stamping, marking or sealing of-containers in which any prescribed seed or certified seed is sold; ([) the prevention of the use of false or misleading statements in advertfring any prescribed seed for sale; (m) the prohibition or restriction of the disposal, acquisition or use of any prescribed seed as farm foed or fertilizer; 26 Seed No.5 (n) standards of quality and performance of equipment and the variety of such equipment to be maintained at any re gistered seed cleaning plant; (o) the methods to be employed by registered seed cleaners in and about the cleaning of prescribed seed; (p) the inspection of land designated by any registered producer as land on which he intends to produce seed for certifi cation as Malawi Certified Seed; f..q) the examination and testing of any seed intended for use by a registered seed producer in the production of seed for certification as Malawi Certified Seed and the methods to be employed by registered seed producers in and about the cultivation and production of seed for such certification and further for the periodic inspection of growing crops intended for the production of seed for certification as Malawi Certified Seed; (r) the control, limitation or prohibition of the cultivation by a registered seed producer of any specified .crops on land contiguous or adjacent to lands upon which seed intended for certification as Mafa\vi Certified Seed is being grown by the registered seed producer; (s)ihe control of weeds on the land of any registered seed producer whichis.beiug.used for the production oflseed intended for certification as Malawi Certified Seed or on any other land of the registered seed producer adjacent or contiguous to such land; (t) the country or .countries of origin of imported seed of any specified variety, and the certifying authority in such country or countries whose certificate thereof as certified seed may form the basis of an application by a registered seed importer for the certification of such Sv"ed as Imported Certified Seed under Part IX· ' (u) the control of the prices at which seed certified under .Part IX, whether as Malawi Certified 'Seed or as Imported Certified Seed, may be sold; {v) any fees payable under this Act; (w) any thing or matter which this Act requires to be prescribed. Passed in Parliament thrs seventh day of April, one thousand, nine hundred and eighty-eight. R. L.GONDWE Acting Clerk of Parliament