Agriculture (Seeds) Act (No. 14 of 1967)

REPUBLIC OF ZAMBIA AG RI CULTURE (SEEDS) CHAPTER 352 OF THE LAWS OF ZAMBIA Pll-INTED AND PU»LllllIED RY TRlll GOVEll.NllEN'r I'll.INTER LUSAKA CAP. 352J Agriculture (Seeds) CHAPTER 352 THE AGRICULTURE (SEEDS) ACT ARRANGEMEN'r OF SECTIONS PART I PRELIMINARY Section 1 Short title 2. Interpretation PART II ADMINISTRATION-REGISTRATION OF SEED IMPORTERS AND SEED CLEANERS 3. Appointment of Controller of Seeds 4. Registers 5. Application for registration of seed importer or seed cleaner 6. Registration in cases of partnership business of seed importers or seed cllea.ners 7. Inspection on application for registration 8 Certificate of registra,tion of se.ed importer or seed cieaner 9. Renewal of registration l 0. Devolution and transfer of business of registered seed importer or registered seed cleaner 11. Cancellation of registration 12. Rea.sons for refusal to register or for cancellation: when to be furnished 13. Appeal to Minister 14. Alteration of registration of seed importer or seed cleaner 15. Exemption from registration 16. Registration fees PAR'r III TESTING OF S1mns-GovERNMENT SEED-TESTING 8TATIONS--OFFfCIAL SEED-TES'fERS 17. Establishment of Government seed-testing stations 18. Designation of official seed-testers .Agriculture (Seeds) rcAP. 352 Section 19. Rolls of official seed-testers and Government seed testing stations 20. Prohibition against testing of prescribed seed except in Government seed-testing station 21. Delivery of samples for official test 22. Reports, certificates, etc., of Government seed-testing stations to be in forms prescribed PART IV INSPECTORS OF SEEDS 23. Inspectors of seeds 24. Duly authorised officers 25. Powers of inspectors or duly authorised officers to take samples of seed 26. Powers of inspectors or duly authorised officers to search premises and seize certain goods 27 .. Prohibition against obstruction, etc., of inspectors and duly authorised officers PART V LICENSING OF SEED SELLERS 28. Non-application of this Part to seed producers or to registered seed importers 29. Seed seller's licence 30. Application for seed seller's licence 31. Refusal to issue seed seller's licence 32. Revocation of seed seller's licence 33. Appeal to Minister 34. Right of former licensee under expired or revoked licence to apply for new licence PART VI PRESCRIBED SEED 35. Power of Minister to declare seed to be prescribed seed 36. Treating and cleaning of prescribed seed 37. Duties of seller on sale of prescribed seed 38. Disposal of sub-standard prescribed seed 3 4 CAP. 352] Agriculture (Seeds) PART VII IMPORT AND EXPORT OF SEED Section 39. Restricted seed 40. Prohibition against importation of restricted seed 41. Power of Minister to permit importation of restricted seed 42. Prohibition against importation of prescribed seed except by registered seed importer 43. Conditions for importa,tion of prescribed seed 44. Required test of imported prescribed seed 45. Importation of trade samples of;prescribed seed 46. Seizure and disposal of unlawfully imported restricted seed 4 7. Power of Minister to control export of prescribed seed PART VIII CERTIFIED SEED 48. Certified seed 49. Power of Minister to specify specified varieties for certification 50. Zambia certified seed 51. Imported certified seed 52. Registered seed producers 53. Register of seed producers 54. Registration of seed producers 55. Cance1lation of registration of registered seed producer 56. Reasons for refusal to register or for cancellation: when to be furnished 57. Appeal to Minister 58. Power of Minister to approve prescribed seed for production of Zambia certified seed. 59. Power of Minister to certify seed as Zambia certified seed 60. Zambia certified seed to be produced from approved seed 61. Certificate to be produced on sale of Zambia certified seed by registered seed producer 62. Power of Minister to certify imported prescribed seed as imported certified seed 63. Duties of seller on sale of certified seed in sealed con tainers 64. Prohibition against :;ale of uncertified seed as certifa,-d seed Agriculture (Seeds) [CAP. 352 Section 65. Prohibition against sale of certified seed without possession of appropriate certificate 66. When seed failing to meet certification standards may be sold as Government tested prescribed seed PART IX OFFENCES AND MlsOELLANE0US 67. Failure to comply with Act or regulations an offence 68. Prohibition against sale of prescribed seed without seed seller's licence 69. Prohibition against saie of untested prescribed seed 70. Prohibition against sale of sub-standard presoribedseed 71. Prohibition against sale of pi·esoribed seed under name other than varietal name 72. Prohibition against tampering with samples 73. Prohibition against altering, defacing or removing official records, etc. 74. Prohibition against altering, etc., documents and marks 75. Secrecy 76. Inspection of registers and rolls 77. When Act applies to contract of sale of prescribed seed as future goods, or upon a contingency 78. When Act not applicable to sale of prescribed seed 79. Power of Minister to exempt classes of persons from provisions of Act PART X PRouEEDINGS AND PENALTY 80. Venue of proceedings for offences 81. Reports on tests prima Jacie evidence of facts reported 82. Presumption of correctness of statement for purposes of civil proceedings on contract of sale 83. Penalty PART XI REGULATIONS A.ND RULES 84. Regulations 85. Rules of court FmsT SCHEDULE-Fees payable on first registration as regis tered seed importer or registered seed cleaner and on renewal thereof SECOND SCHEDULE-Fees pa.ya.hie on registration of a tra.ns feree or successor in interest 5 6 CAP. 352] Agrimdture (Seeas) 14 of 1967 Short title Interpreta tion CHAPTER 352 AGRICULTURE (SEEDS) An Act to provide for the regulation and control of the production, sale and import of seed for sowin~ and of the export of seed, and to provide . for the testin~ and for minimum standards of germination and purity thereof, and further to provide for the certifica tion of seed and for matters inddental to or connected with the fore~oing. PART I PRELIMINARY [1st December, 1968] l. This Act may be cited as the Agriculture (Seeds) Aot. 2. In this Aot, unless the context otherwise requires " aggrieved party " means any person whose application for registration under Part II has been refused or made subject to any condition by the Controller of Seeds, or any person who had been registered under Part II and whose registration has been cancelled by the Controller of Seeds; "certified seed" means any prescribed seed which is certified under the provisions of Part VIII; " contract of sale " inoludes an agreement to sell; " ControlleF oi Seeds " means the ~a- designated. as. such in pursuance of the provisions ot seotion tliree, " oourt " means a subordinate court, save where otherwise appears; " duly authorised officer " means any public officer authorised by the Minister under section twenty-four to exercise the powers of an inspector of seeds unde1· this Act; " future goods ", in relation to a contract of sale of prescribed seed, means prescribed seed to be acquired by the seller after the making of the contract of sale; " Government seed-testing station " means any seed testing station established and maintained pursuant to section seventeen; " imported certified seed " means any prescribed seed certified in the country of its origin imported hy a registered seed importer and certified as imported certified seed under the provisions of Part VIII; " inspector " means a person designated as an inspector of seeds under section twe:nty-three; Agriculture (Seeds) [CAP. 352 " lioonsed seed seller " means anv seed seller licensed as such under Part V; • " official seed-tester" means any public officer designated as an official seed-tester under the provisions of section eighteen; " owner ", in relation to any seeds, includes any person having for the time being the possession thereof; "prescribed seed " mea,11S any seed to which this Act applies by virtue of a regulation made under section thirty-five ; " purity " means analytical purity expressed as a per centa.ge by weight; " registered seed cleaner " means any seed cleaner regii:; tered a,; snch fox the time being under l'art 11; " registered seed importer " means any seed importer registered as such for the time being under Part II; " registered seed ptoducer " means any seed producer registered as such for the time being under Part VIII; " restricted seed " means any s.ecd to which a regulation made under section thirty-nine applies; " sale in sealed containers " means any sale of prescribed seed in containers sealed for the purposes of sale and sold at a price stated and fixed for each container of equal ,might, quantity or volume, or any multiple thereof; or any such sale ,vhere each container is expressed to contain a specific weight, quantity or vol11me of seed and the price is cafoufated on the basis of such weight, quantity or volume, as the case may be; "sealed container" means any sack, bag, barrel, box, package, carton, envelope or other receptacle which is closed by means of sewing, stitching, stapling, nailing, heat sealing, gumming or glueing; "seed " means the part of any plant, customarily referred to as seed, intended for planting and includes seed potatoes; " seed deaner " means any person engaged in the trade or business of eliminating impurities from seed; " seed cleaning plant " means any premises used for the elimination of impurities from seed; " seed importer "m.cn,ns any person who, either exclusively or in conjunction with any other trade or business, imports seed into Za.mbia fol' re-sale; " seed producer "moans any person who, either :Jxclusively or in conjunction ,vith any other trade or business, produces seed for sale; 7 8 CAP. 352] Agricult'/1,re (Seeds) Appoint ment of Controller of So,;ds Registe,·;; " seed seller " means any person who, either exclusively or in conjunction ,vith any other trade or business, sells seed for so·wing ; " seed-testing station " means any premises, suitably equipped therefor, vd1ere seed is tested for its purity and germination capacity; "sell" includes to ex1hange or barter or to offc,, ~1dvertise, keep, expose, transmit, convey or deliver for or in pursuance of a sale, exchange or b}1rter, and cognate words shall be construed accordingly; " specified variety " means any variety of prescribed seed which has beBn specified by the Minister pursmtnt to section forty-nine for the purposes of Part VIII; " variety " means a subdivision of any kind which mm be differentiated from other subdivisions of that kind bv growth, plant, fruit or other characteristics and an}r uniform group which is a first generation hybrid (F1 ) reconstituted on each occasion by crossing two or more breeding stocks maintained by inbreeding; "Zambia certified seed " means any prescribed seed produced by a registered seed produce, and certified pursuant to the provisions of Part VIII. PART II ADl\IlNlSTRATIOR---l{EmSTRATION OJ<' SE1m IMrOJ:tTERS AND SEED CLI~ANERS 3. (l) There shall i>e a Controller of Seeds for the purposes of this Act, who shall be n, public officer, ::tnd who shall he responsible for the administration of this Act. (2) The Controller of Seeds may, subject to the general or special directions of the l\linister, delegate any of his powers or functions under this Act to any officer of the public service. 4. The Controller of Seed:, shall cause to he kept ( a) a Register of Seed Importers wlueh shall contain (i) the names and addresses, and the principaJ business addresses in Zambia, of all seed importers n,gistcred under this Act; (ii) such other particulars as may be prescribed; (b) a Regi:,;ttr of Seed Cleanors which shall contain (i) the names twd addre::sses, and the principa,l lrnRiness addrnsscs in Zambia, of all seed cleaners regi:,tered under this Act; (ii) such other particulars as may be prescribed. Agricultitre (Seeds) (CAP. 352 9 5. (l) Application for the registration of any seed im porter or any seed cleaner shall be made to the Controller of Seeds in the prescribed form and shall he accompanied by the prescribed registration fee. (2) As soon as practicable after the receipt of such applica tion the Controller of Seeds shall (a) if he is satisfied that the applicant complies with the prescribed requirements, enter the name and address and principal business address of the applicant in the appropriate register as a registered seed im porter, or registered seed cleaner, as the case may be; (b) if he is not satisfied that the applicant, complies with the prescribed requirements. refuse to register the applicant. (3) Any registration under this section shall be valid until cancelled under the provisions of this .A.or,, or until and including the 31st March next after the date of such registration, which ever is the earlier. (4) The ControlJer of Seeds may impose such conditions with regard to any registration under this section as he may deem to be necessary in order to ensure that the applicant complies with the provisions of this Act or with the prescribed requirements, ( 5) The refusal of an application under this section for the registration of ,t seed importer or seed cleaner 8hall not prevent the making under this section of a fresh application for the registration. of the ,,sa.rn.e, person as such seed importer or seed cleaner at any subsequent tune. (6) Any person who, having obtained registration as a seed impon,er or as a seed cleaner, subject to any condition imposed under subsection (4) or as amended by the Minister under section thirteen, fails to comply with such condition shall be guilty of an offence. 6. ( 1) Where an application is made under this Act for registration as a registered seed importer or registered seed cleaner, as the case may be, and the business sought to be registered is a partnership firm, the partners shall nominate one member of the fo-m, who shaJI, upon the application being granted by the Controller of Seeds, be registered as registered seed importer or registered seed cleaner, as the case may be, in 1·espect of the sa,id partnership business. (2) Registration of any person as a registered seed im porter or registered seed cleaner in pursmmce of the provisions of this section shall not be construed as affecting or limiting any liability present or future exiRting or arising between such partners, or betwerm them and any third person, Application for registration of seed importer or seed cleaner Registration in cuoos of partnership business of seed importers or seed cleaners IO CAP. 352] Agriculture (Seeds) Inspection on applica tion for registration Certificate of registration of seed importer or seed cleaner Renewal of registration 7. (1) Upon application being made under this Act for first registration of any seed importer, the Controller of Seeds may, if he deems it necessary for the purposes of his con sideration of the said application, cause an inspector to inspect and report on such warehousing, storage and other facilities which the applicant proposes to use in and about the business of the importation of seeds. (2) Upon application being made under this Act for first registration of any seed. cleaner, the Controller of Seeds may, if he deems it neoof:!Sary for the purposes of his consideration of the said application, caw,;~ a.u ms:pector to inspect and report on such premises, equipment and other faeilities which the applicant proposes to use in and about the business of the cle.aning of seeds. 8. (1) Upon the registration of any seed importer or any seed cleaner under this Act, the Controiler of Seeds shall issue a certificate of registration of a seed importer, or a certificate of registration of a seed cleaner, as the case may be, in the form prescribed, and shall furnish suoh certificate to the person registered under such regi.'3tration, or his agent. (2) The registered sood importer or registered seed cleaner, as the case may be, shall cause the said certificate to be dis played in a prominent pla.ce within his principal place of business in Zambia and shall keep the same so displayed during the continuance of s11ch registration. (3) Any person who fails to comply with the provisions of subsection (2) shall be guilty of an offence. 9. (1) Any person registered under this Act as a registered seed importer or a registered seed cleaner, as the case may be, may apply to the Controller of Seeds, in the form prescribed, for a renewal of his 1·egistration. (2) Any application for renewal of any registration under this Act must be made to the Controller of Seeds not more than three months and not less than one month before the expiry of such registration. The Controller of Seeds may, at any time, extend the time herein prescribed for making such application for renewal ofregistration. (3) Any such application for renewal of registration shaH be accompanied by the fee prescribed. (4) In the event of the death of the person registered under this Act as a registered seed importer or a registered seed cleaner within six months before the date of expiry of such registration, the Controller of Seeds shall extend the time herein prescribed for making an application for renewal of such registration to a date not more than six months from the date of the death of the person so registered. registred Agriculture (Seeds) [CAP. 352 11 (5) In the event of an extension of time for the making of an application for renewal having been granted by the Controller of Seeds under any provision of this section and the time granted extends beyond the date of expiry of the registra tion, the said registration shall be deemed for all of the purposes of this Act to have been extended to the date to which the said extension of time extends: Provided, however, that upon renewal of such registration being granted the renewed registration slutll relate back to the date of the expiry of the former registration, and the duration of the renewed registrntion shall be calculated from that date. 10. ( l) Where a registered seed importer or a registered seed cleaner, as the case may be, dies, the following provisions shall hfLve effect: (n) the lieat.h of the registered seed importer or registered seed cleaner shall not of itself render unlawful the carrying on, during the period. of six months fr0m such death, of the businec,s theretofore carried on by the said deceased; (b) the personal representative of the said deceased or, with the consent of such personal representative, any other person shall (subject to the provisions of this section) be entitled, on application to the Controller of Seeds in the form and manner pre scribed, to be registered as registered seed importer or registered seed cleaner, ,1s t,he case may be, in respect of the business formerly carried on by the said deceased; (c) where the said deceased h1ts been uncter the provisions of section s2.1::, tlie survivmg partner or joint O"wner, or the nominee of the surviving 1iartners or joint owners, as the case may he, shall (subject to the provisions of this section) be entitled, on application to the Controller of Seeds in the form and manner prescribed, to be registered for the purposes of this Act as the registered seed importer or a,s the registered seed de,1ncr, as the mtse may be, in respect of the business formerly registered in the name of the said deeeused: Provided, however, that such registration under this paragraph shall be provi,sional only, until such time as the Controller of Seeds i::; satisfied as to the identity of the person, or persons, aetmdly entitled, in the events which h:we happened, to the owncrnhip of the suid business; whereupon the Controller of Seeds ma v~ (i) confirm the said provisionaJ registration a.s full registration, if the person so provisionally registered is entitled to such full registration under this Act; or Devolution and transfer of business of registered seed importer or registered seecrcleaw,r 12 CAP. 352] Agriculture {Seeds) (ii) may cancel the said provisional registration and register in lieu thereof the person entitled to be so registered in respect of the said business; (d) from the death of the said deceased registered seed importer or registered seed cleaner, as the case may be, until the registration of another person as such, the person actually carrying on the business of the said deceased shall be deemed to be the regis tered seed importer or registered seed cleaner, as the case may be, for the purposes of so much of this Act as relates to things to be done in the course of carrying on the said business, and for the purpose of notices required by this Act to be given to the registered seed importer or registered seed cleaner, asthecasemay he, and the service of such notices. (2) Where a registered seed importer or registered seed cleaner, as the case may be (in this subsection referred to as the transferor), transfers on sale or otherwise the business carried on by him in respect of which he is so registered under this Act to another person (in this subsection referred to as the transferee), the following provisions shall have effect: (a) the transferee shall (subject to the provisions of this section) 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 said business, to be registered as registered seed importer or registered seed cleaner, as the, case: may he, in respect of tne said transferred business; (b) until the transferee is so registered, the transferor shall, notwithstanding the said transfer, continue to be, for all of the purposes of this Act, the registered seed importer or the registered seed cleaner, as the case maybe. (3) Where an application is made to the Controller of Seeds under this section for the registration of a person (in this subsection referred to as the applicant) as a registered seed importer or registered sood cleaner, as the case may be, the following provisions shall apply: (a) where the applicant is the personal representativ of a deceased registered seed importer or of a decease registered seed cleaner, as the case may be, and i applying under subseotion ( 1) for registration solel in his oapaoity as suoh personal representative, and th application is du1y made in accordance with the sai, subsection, the Controller of Seeds shall not refuse th application; Agricidture (Seeds) [CAP. 352 13 (b) in everv other casP it shall be lawful for the Controller of See~ls, if he so thinks proper, to refuse the applica tion on the ground that the applicant was previously registered under this Act, and while he was so regis tered the said registration was cancelled by the Controller of Seeds under and pursuant to this Act; and it shall further be lawful for the Controller of Seeds to refuse such application upon any other ground which he deems to be a reasonable ground for refusal to register a person as a registered seed importer or a registered seed cleaner, as the case may be, upon application for first registration a.s such under this Act. 11. If the Controller of Seeds is satisfied (a) that any registered seed importer or registered seed cleaner fails or has ceased to comply with any pro vision of this Act or with any condition or require ment imposed or prescribed under this Act; or (b) that any such registered seed importer or registered seed cleaner has cea,sed to carrv on business as such, or has been convicted of an offence under this Act, or has been adjudicated or is an undischarged bankrupt; or, if an incorpomted body, has been wound up;or (c) that any such registered seed importer or registered seed cleaner, being an individual, has died and 110 other person has, within six months after such death, been registered in lieu of the said deceased; or (d) that any snch registureu seed importer or registered, ,;eed cleaner, being an inc01-porated body, has been dissolved a,nd no other person has, within three months after such dissolution, been registered under this ),.ct, in respect of the business formerly carried on by the said dissolved registered seed importer or registered seed cleaner; he may cancel the registration of such registered seed importer or registered seed cleaner, as the case may be: Provided that nothing shn,ll be construed to oblige or impose a dutv on the su,id Controller of Seeds at anv time to exercise the powers by this section conferred upon him~ 12. {l) Any aggrieved party may, within twenty-one days after such refus,,l, imposition of condition upon, or cancellation of any registrn.tion lmder this Pu.rt, in writing request the Controller of Seeds to furnish his reasons for refusing to register the applicant or for irnpol'ling conditions upon or ciurnelling such registration. (~) \Vithin fourteen chiys after the receipt of su<'h request, the Controller of Seed'> shall furnish .in writing to the tiggrieved party the reasons Cancellation of registration Reasons for refusal to register or for cancellation : whN1 to be furnished 14 CAP. 352] Agricult·ure (Seeds) Appeal to Minister Alteration of rogistru.tion of seed importer or seed cleaner (a) why he refused the registration applied for: or (b) why he imposed conditions upon such registration; or (c) why he cancelled such registration. 13. (1) Any aggrieved party may, within twenty-one days after his receipt of the reasons furnished pursuant to section twelve, appeal to the :Minister against the decision of the Con troller of Seeds. (2) Such appeal must he in writing. {3) In determining such appeal the Minister may consult with the Controller of Seeds. and may affirm the decision of the Controller of Seeds, or may order the Controller of Seeds (a) to register the person, as applied for in the application for registration; or (b) to strike out all or any of the conditions imposed by the Controller of Seeds, or to amend or alter such conditions in such manner as the :i\'Iinister may direct, or to impose new or further conditions; or (c) to restore the registration; and the Controller of Seeds shall comply with such order. {4) No appeal shall lie to any court from the decision of the Minister. 14. (I) The Controller of Seeds may, at any time, alter any registration of any registered seed importer or registered seed cleaner upon application by tho registered seed importer or registered seecl cleaner, as the case may be, or by the personal representative of a deceased re~steni,d seed impQ,t ter or registered seed cleaner or, in the case of an mcorpornted body being the registered seed importer or registered seed cleaner, as the case may be, by the managing director or the liquidator of such registered seed importer or registered seed cleaner. (2) The Controller of Seeds, at any time, without an applica tion under subsection ( l ), may alter any registration of any registered seed importer or registered seed cleaner in any respect in which such registration appears to him to be erroneous or misleading. (3) The following provisions shall apply and have effect in rehLtion to any proposed alteration under subsection (2): (a) tho Controller of Seeds shall not nu1.ke any such altera tion unless he has given to the registered seed importer or registered seed cleaner, as the case may be, or his personal representative, or its managing director or liquidator, as the case may be, ii.t least fourteen days' notice in writing that the Controller of Seeds has under his consideration the making of such alteration and sta.ting the grounds on which such ~-..Iteration is so under consideration; Agriculture (Seeds) [CAP. 352 15 (b) the Controller of Seeds shall consider any representa tions, in relation to such alteration, ma.de to him before the expiration of the said notice by any person interested; (c) the Controller of Seeds may, if he thinks fit, cause an inquiry to be held in relation to such alteration; {d) such alteration, if made at all, shall be made within three months after the expiration of the said notice. 15. (1) The Minister may from time to time, as he deems fit, exempt any class of seed importer or seed cleaner from any or all of the provisions of this Part. (2) Any exemption granted under this section shall be in writing and shall be published in one issue of the Gazette and shall be effective from the date of such publication. (3) The Minister may at any time revoke any exemption granted under this section, which revocation shall be in writing and shall be effective from the date therein stated, and notice thereof shall be published in one issue of the Gazette. 16. ( l) Subject to the provisions of this section, there aha.II be payable to the Controller of Seeds by any person (a) on first registration of such person as a registered seed importer under this Act; (b) on first registration of such person as a. registered seed cleaner nnder this Act; (c) on the annual renem1! of any registration as a registered seed importer under this Act; (cl) on the annua.l renewal of any registration as a registered seed clea.ner under this Act; t,he respective registration fees prescribed in the First Schedule. (2) Subject to the provisions of this section, there shall be po y,1ble to the Controller of Seeds by a.ny transferee from or successor in interest to n,ny registered se.ed importer or any registered seed cleaner, a.s the case may be, on any registration of such transferee or successor in interest as registered seed importer or registered seed cleaner, as the ca.se may be, the respective fees prescribed in the Second Schedule. (3) Where the persona.I representative of a deceased registered seed importer or of a. deceased registered seed cleaner, as the case may be, is registered as r<>giste1·ed seed importer or registered seed cleaner under the provisions of paragraph ( b) of s u h~ecti on ( 1) of section ten, solely in his ci11,t,city as such pcrsont\l rn1we sentative, no registration fee shall be charged for such pro visional registration, but the fee prescribed by the Second Schedule for rencwa.l of provisional registrl\tion shall be paya.ble in the event of any renewal thereof. Exemption from registration Registration fees 16 CAP. 352] Agriculture (Seeds) Establish ment of Government seed-testing stations Designation of official seed-testers Rolls of orricml seed-testers and Government seerl-tosting stations Prohibition ag,linst te~ting of prescribed se0<.l except in Government seed-testing station (4) Where a surviving or nominated joint owner or partner of a deceased registered seed importer or of a deceased registered seed cleaner, as the case may be, is registered provisionally as such registered seed importer or as such registered seed cleaner under the provisions of paragraph (c) of subsection (1) of section ten, no registration fee shall be charged for such pro visional registration, but the fee prescribed by the Second Schedule for renewal of provisional registration shall be payable in the event of any renewal thereof. PART III TESTING OF SEEDS-GOVERNMENT SEED-TESTING STATIONS OFFICIAL SEED-TESTERS 17. (1) The Minister as soon as may be shall, either a.lone or in conjunction with any person or body, establish and main tain one or more seed-testing stations in Zambia. (2) Every seed-testing station established under the pro visions of this section shall be known as a Government seed testing station and shall be an official seed-testing station for the purposes of this Act. 18. Upon the establishment of a seed-testing station, and from time to time thereafter as occasion may require, the Minister shall, by Gazette notice, designate one or more public officers to be official seed-testers. 19. The Controller of Seeds shall cause the following rolls to· be· kept: (a) a roll of official seed-testers, which shall contain (i) the name and address of each official see,} tester appointed under this Act; (ii) such other particulars as may be prescribed; (b) a roll of Government seed-testing stations, which shall contain (i) the name and address of each Government seed-testing station established under this Act, together with its post office box number, if any; (ii) such other particulars as ma.y be prescribed. 20. (1) Any person who tests, or purports to test, for the purposes of this Act, any prescribed seed, in any place not being a Government seed-testing station shall be guilty of an offence. (2) Upon conviction of any person of an offence under this section, the com·t may, at the request of the prosecution, and in addition to any other penalty imposed, declare any machin ery, equipment and chemicals and any such prescribed seed Agriculture (Seeds) [CAP. 352 17 found in such place to be forfeited or order them to be des troyed, without compensation; or may both declare them to be so forfeited and order them to be so destroyed, without compensation. 21. (l) Save as provided by section seventy-eight, any person who, having produced or acquired any prescribed seed which has not been tested pursuant to this section, or deemed to have been tested under the provisions of subsection (4) of section forty-four, intends to sell the same for sowing, shall, prior to offering the same for sale, cause a sample thereof to be taken in the manner prescribed, and shall cause the said sample to be delivered to a Government seed-testing station together with a statement in writing specifying the origin, kind, variety and quantity of the said prescribed seed, and such other particulars as may be prescribed, and upon such delivery shall pay the prescribed fees. (2) Upon receipt at the Government seed-testing station of any sample taken pursuant to subsection (I), the official seed-tester shall cause the said sample to be tested in the manner prescribed and shall furnish to the person who sought the test a report thereof in the form prescribed, setting out the date upon which the test was made, the findings resultant thereon, and such other particulars as may be prescribed. 22. Any reports, certificates or other documents issued or furnished by a Government seed-testing station for the purposes of this .Act shall be in the forms prescribed. PART IV INSPECTORS OF SEEDS 23. ( 1) There shall be inspectors of seeds, who shall be designated as such by the :Minister and shall be inspectors for the purposes of this Act. (2) The :Minister shall cause a, certificate of authority to be issued to each inspector. (3) An inspector shall produce for inspection his certificate of authority upon the demand of any person affected by the exercise by him of any of his powers under this Act. 24. (1) The Minister may, from time to time, and as often as he deems it necessary, authorise any public officer (herein referred to as a duly ii.uthorised officer) to exercise the powers of an inspector of seeds under this Act. (2) An authorisation made under this section may be (a) general: whereby the duly authorised officer shall be empowered to exercise all of the powers of an inspector of seeds anywhere in Zambia; or Delivery of samples for official test Reports, certificates, etc., of Government seed-testing stations to be in forms prescribed Inspectors of seeds Dulv authorised officers 18 CAP. 352] Agricnltitre (Seeds) Powers of inspectors or duly ,,uthoriserl oificers to take samples of seod Pow()['s nf ins pee torn or dulv rnz thol~iso< l otfi.curs to /:,l"l.l.l'dl pre1nises ~1.nd seizo certnin g,)ods (b) limited: either (i) as to the specific powers exercisable by the duly authorised officer; or (ii) as to the place or district in which such powers are exercisable by him; or (iii) as to both sub-paragraphs (i) a,nd (ii). (3) An authorisation made under the provisions of this section shall be in writing. 25. (1) An inspector or a duly authorised officer may take samples of any seed for any of the following purposes: (a) for test or examination to determine whctber the said seed is prescribed or restricted seed under this Act; or (b) for test to determine whether, if it is prescribed seed, it conforms to the standards of purity and germina tion prescribed therefor under this Act; or (c) for such other purposes as may be prescribed. (2) Any sample of seed taken by an inspector or duly authorised officer under this Act shall be taken in the nrn11ner prescribed. 26. (1) An insJlector or any duly authorised officer nrny, for any of the purpol-!cs of this Aot, and at all reaso1mblc time:,,, enter upon (a) any land, building, premises or plant, not being the land, building, premises or ph1nt of a registered seed clen,ner, which he has reasonable cause to believe is being used in the cle,1ningof prescribed seed in contras vent.ion of this ~·\ct, and inspect the sMrie nnd a11 1 machinery and equipment found therein; and he m~,y seize and remoH' therefrom and detain an v such machinery or cquivmcnt, or any prescribed s;,cd, \lr 11nv book, record or document found therein, which wo0uld afford e,-iclencc of a contravention of tlii.-; .. Act; (/J) any l:1nd, 1.rnildinL:, premises or pln.nt, being used by a registered :,;eccl cl,•,,m:r as a seed clca.ning plant, for the purpose of insp(•cti ng the same ,1s prescribed by reg ula tions uucler this -\ct; n,nd if, upon such inspection, he has reasonable cause Jo believe that the said seed cleaning plant, or any machinery or equipment to he found thcn·in, is being maintained, operated or w,ed in contravention of this Act, he may S('ize and remove therefrom and dct11in any Sllch machinery or equip ment or ,1lly prc,;cribcd .se\'d or an y book, record or doc,unent found therein, which would ,dford evidence of ,i cuntrn.;cntiun of this Act; and if he has rca..soua.blc ca.use to believe tha.t any of the machinery or equip ment found therein is, because of a mechanical or Agriculture (Seeds) [CAP. 352 operational defect, contributing to the distribution from the said plant of any prescribed seed which is not cleaned to the standards therefor prescribed, he may by notice in writing require the registered seed cleaner to rectify the said machinery or equipment within seven days of the recei1)t of such notice, and in the event of the reg.istercd seed cleaner failing to comply with the said notiC'e, the inspector or duly authorised officer shall notify the ControlJer of Seeds of such failure to comply; (c} any land, building, premises or vehicle at, or in which, he has reasonable canse to believe any prescribed or restricted seed is being stored, sold or trans-ported for sale in contravention of this Act, or is being packed in packages or other eontainers which are marked or labellect, or are bcmg ma,rked or labelled, with any description, mark or date in contravention of this Act, and in the manner prescribed take, without pay ment, for testing, samples of any prescribed or restricted seed found therein, and the owner of the said land, huilding, premises or vehicle, or his agent, or the person in custody or control thereof, shall, on demand, furnish to the ins11ector or duly authorised officer a 8tatemcnt in \vTiting containing 8Uch par ticulars with respect thereto as are prescribed; and he may seize and remove therefrom and detain any prescribed or restricted seed, or any package or con tainer, or any label, sta,mp or device for marking, stamping or labelling, or rrny book, record or document fo1md therein, ·which would afford evidence of a con travention -of this Act. (2) : y duly authorised officc1 shall, on demand by t,he owner, or the person having custody of such land, building, premises, plant or vehicle, produce his authority to enter upon 8Uch hm<l, building, 1iremises, pbnt or vehicle. (:~) Any such inspector or duly authorised officer w110, under the provisio1ts of subsection (1), ~cizes nml detains any vehicle, equipment, prescribed or nstrictcd seed, or any package, label, stamp or de-vice for m.1rking, stamping or labelling, or any book, rt·-cord or document, shall give to the person from whom they were seize<l a, receipt, signed by such inspector or officer, for such vehicle, machinery, equipment, vrescrihcd or restricted seed, package, label, stamp or device for ma1king, stamping or Ia.belling, or for such book, record or document so seized. (4) Tn the event of (a) the Controller of Seeds being advi<,ed in writing by the Din,ctor of Puhlic Prosecutions that no prnsccution consequent upon any such inspection made under subsection (1) should be instituted undel' this Act; or (b) any such prosecution having been finally concluded; H) 20 CAP. 352] Agriculture (Seeds) Prohibition against obstruction, etc., of inspectors and duly authorised officers Xon-applica tion of this Part to seed prnducors or to registered ,ieod importers Sood seller's liconco then, in either such event, any vehicle, machinery, equipment, prescribed or restricted seed, book, record or document, package, label, stamp or device for marking, stamping or labelling, seized during the course of such inspection and detained under the provisions of subsection (1), shall be returned to the owner thereof, or to the person from whose custody they were taken, and shall be so returned within ten days from the date of 4he receipt by the Controller of Seeds of such advice that no prosecution should be instituted, or from the date any such prosecution has been finally concluded, as the case may be: Provided that any such vehicle, machinery, equipment, prescribed or restricted seed, package, label, stamp or device for marking, stamping or labelling, shall not be returnable under this subsection if they have been declared by the court to be forfeited, or ordered to be destroyed, under any prov1s10n of this Act. 27. Any person who (a) obstructs or impedes an inspector or a duly autho rised officer in the exercise of any of the powers conferred upon him by or under this Act; or (b) refuses to furnish to an inspector or a duly authorised officer, on request, any particulars or information to which the said inspector or duly authorised officer is entitled by or under this Act; or (c) wilfully or recklessly gives to an inspector or a duly authorised officer any false or misleading particulars or information with respect to any fact or particular to which the said inspector or duly authorised officer is entitled by orundor.this Act; shall be guilty of an offence. PART V LICENSING OF SEED SI~LLERS 28. This Part shall not apply to seed producers or to regis tered seed importers. 29. 11) A liconce issued under this Part shall entitle the licensee to sell, for sowing, prescribed seed, within the terms of tho licence, which shall be known as a seed seller's licenco. (2) A seed seller's licence may be (a) general: which licence sha,11 be exercisable by the licensee anywhere in Zambia; or Agriculture (Seeds) [CAP. 352 21 (b) limited: which licence shall be exercisable bv the licensee in any place or premises specified i~ the licence; or (c) restricted: which licence shaU be a general or a limited licence restricted to the sale of prescribed seed (i) by wholesale only; or (ii) by retail only; or (d) unrestricted: ,vhich licence shall be a general or a limited licence empowering the licensee to sell pre scribed seed whether by wholesale or retail within the terms of the licence. (3) A seed seller's licence shall be valid for the period of time expressed therein or until revoked, whichever is the earlier. 30. (1) Application for a seed seller's licence shall be made to the Controller of Seeds in the prescribed form and shall be accompanied by the prescribed foe. {2) As soon as practicable after the receipt of such applica tion, the Controller of Seeds shall consider the application and may grant or refuse the same. (3) The Controller of Seeds may impose such conditions with regard to the granting of any licence under this Part as he may deem to be necessary in order to ensure that the applicant complies with the provisions of this Act or with the prescribed requirements. 31. The Controller of Seeds may refuse to issue a seed seller's licence when (a} ,he is,satisfied that the applicant has failod,to comply ,~ith any prescribed condition precedent to the granting of an application for, or to the issue of, such licence; or (b) the applicant, having formerly been a licensed seed seller or a registertd seed importer under this Act, has been convicted of an offence under this Act; or (c} he is satisfied that the applicant is not a fit or proper person to hold a seed selle1·'s licence. 32. (1) A seed seller's licence shall be revoked by the death, or in the case of a company licensee by the dissolution, of the licensee. (2) The Controller of Seeds may revoke a seed seller's licence at any time, and shall revoke the said licence when (a) the licensee has violated the terms of the licence; or (b) the licensee has failed to comply with any prescribed condition attaching to the said licence; or (c) the licensee has been convicted of more than one offence under this Act; or Application for seed seller'!! licence Refusl\\ to issue seed 'miler's liconco Revocation of seed seller's licence 22 CAP. 352] Agriculture (Seeds) Appeal to Minister Right of foriner licensee under expire,! or revoked licence to apply for now licence Power of Minister to declare seed to ho prescribed seed (d) the licensee has failed or refused to comply with any reasonable direction as regards the sale or storage of any prescribed seed given to him in writing by an inspector or by the Controller of Seeds. (3) The Controller of Seeds shall notify the licensee in ,niting, in the form and manner prescribed, of any revocation of his licence under the provisions of subsection (2). 33. (1) Any applicant for a seed seller's licence whose application has been refused or upon whom any condition has been imposed under subsection (3) of section thirty by the Controller of Seeds, and any former licensee whose licence has been revoked, may, within one month after receipt of notice of such refusal, imposition of condition, or revocation, appeal to the lWinister against the decision of the Controller of Seeds: Provided, however, that no appeal to the J\:linister shall lie against any revoca,tion of any licence under the provisions of paragraphs (a) to (d), inclusive, of subsection (2) of section thirty-two. (2) Every appeal under this section shall be in writing. (3) In determining such appeal the Minister may consult with the Controller of Seeds, and may uphold the decision of the Controller of Seeds, or may make au order instructing the Controller of Secds (a) to issue the licence, as applied for in the application; or (b) to strike out all or any of the conditions imposed by the Controller of Seeds, or to amend or alter such con ditions in such manner as the Minister may direct; or (c) to cancel the revocation of the licence and to restore the same to the .formor·Jicensee ;. as the case ma,y be. 34. (1) When a seed seller's licence has expired or has been revoked by the Controller of Seeds under the provisions of sub section (2) of section th-irty-two, the former licensee may apply to the Controller of Seeds for a new seed seller's licence. (2) Any licence issued pursuant to such an application shall not be deeme<l to be a renewal of the expired or revoked seed seller's licence formerly held by the applicant. PART VI PRESCRIBED SEED 35. ( l) The Minister may from time to time by regulation prescribe any seed, including seed potatoes, to be seed to which this Act shall apply, and may from time to time by regulation revoke any such regulation. (~} In this Act, "prescribed seed " means seed which is, by virtue of a regulation made by the :Minister under this section, for the time being prescribed seed for the purposes of this Act. Agricultitre (Seeds) [CAP. 352 23 36. ( l) If, upon test made pursuant to section twenty-one, it is found and reported by an official seed-tester that any prescribed seed does not conform to the prescribed standards of germina tion or purity, or both, the owner thereof may cause the said prescribed seed to be treated or cleaned. (2) Where any prescribed seed has been treated or cleaned in pursuance of subsection (1), the said owner may request an inspector to take, and the inspector thereupon shall take a further sample thereof in the manner prescribed, which sample shall be sent by the inspector to a Government seed-testing station for further test, and the said owner may, as often as he so desires, cause further treatments or cleanings of the said prescribed seed to be effected and further tests to be made, as herein provided, until such time as the said prescribed seed is found and reported by the official seed-tester to conform to the said standards of germination and purity prescribed therefor. (3) The report furnished by the official seed-tester upon any such further test of such prescribed seed shall supersede any earlier report of any previous test of the said prescribed seed. 37. (1) Save as provided by section se1:enty-eight, and subject to the provisions as to date of test of subsection (4) of section forty-fo1ir, any person who sells, for sowing, any prescribed seed which has been tested or deemed to have been tested in accord ance with the provisions of this Act and found to conform to the standards prescribed shall (n) if the said prescribed seed is sold in sealed containers, cause to be printed or stamped upon each such con tainer, or upon a label attached thereto or enclosed therein and. legible . without opening the. said con tainer, in clear and legible letters and figures, the words " Government tested seed " and the elate upon which the said prescribed seed was tested, together with such other particulars as may be prescribed; (b) if the said prescribed seed is sold in bulk quantities (i) and the seller is the person who caused the said test to be nrnde, furnish to the buyer at the time of sale a statement in writing in the form pre scribed containing the name and address of the Government seed-testing station where the test 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 said test to be made, furnish to the buyer at the time of sale a copy of the st,1temcnt furnished, under the provisions of sub-paragraph (i), by the person who caused such test to be made, and Treating and cleaning of prescribed seed Duties of seller on sale of prescribed seed 24 CAP. 352] Agriculture (Seeds) Disposal of sub-standard prescribed seed shall endorse thereupon a declaration that the bulk quantity sold by him is all or a part of that to which the said statement was related at the time he procured the same, together with a statement by the seller containing such other particulars as may be prescribed. (2) Any person who fails to comply with the provisions of this section 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 sectjon. (4) For the purposes of this section (a) the expression "in bulk quantities" includes any quantity of seed taken, for the purpose of a particular sale, from any larger quantity of seed, but does not include seed which is packed and sold in sealed con tainers; (b} the word "sale" includes "gift", and cognate words shall be construed accorclingly. 38. ( 1) Subject to the provisions of section thirty-six, if any sample, taken in the manner prescribed, of any prescribed seed, is, upon test, found and reported by an official seed-tester not to conform to the standards of germination and purity pre scribed for such prescribed seed ( a) the Minister may, if the said prescribed seed is seized and detained under the provisions of this Act (i) subject to such conditions as to its sale and use, and to such other conditions as he may impose, direct its return either to the owner thereof, or to the person from whose custody and control it was taken; or (ii) ,~ith the consent of the owner thereof, order it to be destroyed without compensation; or (iii) bring proceeclings in the manner prescribed by subsection (2) for its forfeituro and destruction; or (iv) if, upon such test, the said prescribed seed is also found and certified to be in a dangerous state or injurious to the health of human beings, animals or plants, and the Minister deems it reasonably necessary so to do, order the said prescribed seed to be forfeited and destroyed, without compensation; (b) the Minister may, if the said prescribed seod has not been seized or detained under the provisions of this Act Agricult·ure (Seeds) [CAP. 352 (i) subject to such conditions as to its sale and use and to such other conditions as he may impose, perm.it the owner thereof t'.> retain the said prescribed seed ; or (ii) with the consent of the owner thereof, order it to be destroyed without compensation; (iii) bring proceedings in the manner prescribed by subsection (2) for its forfeiture and destrnction; and may, if b.e deems it necessary so to do, at any time prier to or after the commencement of the said proce~dings, direct that the said prescribed seed be seized and detained pending the determination of the said proceedings; or (iv) if, upon such test,-thc said-prescribed seed is also found and certified to be in a dangerous state or injurious to the health of human beings, animals or plants, and the lVIinister deems it reasonably necessary so to do, order the said prescribed seed to be forfeited and destroyed, without compensation; and may for the pur poses of trus sub-paragraph, if he deems it necessary so to do, order the seizure and detention of the said prescribed seed. (2) (a) ·where the Minister elects to act in pursuance of sub-paragraph (iii) of paragraph (a) of subsection ( 1) or of sub paragraph (iii) of paragraph (b) of subsection (1), he may, in his name, bring, or cause to be brought, civil proceedings in the court against the owner of the said prescribed seed or against the person from whose custodv or control the same was ta.ken or in whose custoay or control the same is found, as agent of the owner; and in the said proceedings the Minister shall claim for a declaration by the court that the said prescribed seed docs not conform to the minimum standards of germination or purity prescribed under this .Act for such prescribed seed; and for an m·der that it be forfeited to the Government and destroyed, without compensation. (b) Such proceedings shall be commenced by filing with the clerk of the court an affidavit, made by a public officer duly authorised by the Minister in that behalf, setting forth the relevant facts and exhibiting the report or certificate or reports or certificates upon which the declaration and order are sought. (c) (i) Upon the filing of the said affidavit the clerk of the court shall assign a date for the hearing of the claim not less than six weeks from tho date of issue of the writ of summons in accordance with tho provisions of sub-paragraph (ii). (H) The clerk of the court shall thereupon issue a writ of summons in the form prescribed setting forth therein tlrc clo.to assigned for the hearing of the claim by tho court. 25 26 CAP. 352] Agricitlture (Seeds) (rl) The said writ of summons shall be served upon the party named as party defendant therein in the manner prescribed in parngraph (e); and notice of the proceedings in the form prescribed slrn,11 be published in the Gazette not less than fourteen days priur to the date a.ssignecl for the hearing of the chim. (e) For the purposes 01 tllIS section, any writ of summons issued under the provisions of this section shall be deemed to have been served upon the party defendant if, not less than fourteen days prior to the date assigned for the hearing of the claim by the court, a true copy thereof is (i) delivered to the said defendant personally; or (ii) addressed to him and left or forwarded by post to him a,t his usual or la.':t known place of abode or business; or (iii) addressed to him and forwarded by registered post to his usual or last known post office box number; or (iv) where he is unknown, or where he has no address ,vithin Za,mbin, or his address is unknown, published in one issue of the Gazette. (j) If any party defendant served with the said writ of ,mmmons as provided in paragraph (e) wishes to defend or oppose or contest the said proceedings, he shall, in the form prescribed, give notice of his intention so to do to the clerk of the court not less than frrn days before the date assigned in the said writ of summons for the hearing of the said claim. (u) If any person, who is not a, party defendant, desires to defend or oppose or contest the said proceedings, he shall, not less than seven days after the publication of the notice of proceedings provided for in paragraph (d), give to the clerk of the com't notice in writing of bis intention so to do; ,vhereupon he shall be entitled to appear at the hearing of the elnim ttS if lw were in e,'ery respect a party defendant. (Ii) If any party defendant fails to comply ,vith the proYisions of IJaragravh (f), or if he, or any person who has given the notice vroYidcd for hy parngra1)h (g), fails to ap1)cnr at the hearing of the claim on the date assigned tI1erefor, the court shall enter his default and may thereupon proceed to hear and determine the claim forthwith on the evidence of the ,iffid:wit filed under paragraph (b), and the reports or certificates exhibited therein, or may adjourn such hearing and detennina tion to ,t date not more than two weeks from the date ns,.;igned for the hc,tring of the claim. ( i) Upon hearing the e\·idence adduced the court may make the declaration and order sought; or may dismiss the daim and make suC'h order as to costs, consequential upon ,.;uch dismissal, as the court deems meet. Agriculture (Seeds) [CAP. 352 27 (.j) In the event of a dismissal of the claim by the court, the Minister may elect to dispose of the said prescribed seed in any other manner thereunto provided by subsection (1). (3) It is hereby declared that anything done or any pro ceeding taken in terms of this section shall not prevent the institution of criminal proceedings under this Act, or under any other written law, against the owner of the said prescribed seed or his agent, or the person from whose custody and control it was taken, or in whose custody or control it is found, as the case may be, or against any other person. (4) Any person who fails to comply with any order made or condition imposed under paragraph {a) or (b) of subsection (I) shall be guilty of an offence. PART VII IMPORT AND EXPORT OF SEED 39. (1) The Minister may, from time to time and as often as he deems it expedient so to do, by reff'llation, restrict, limit, make subject to conditions, or prohibit the importation of any particular variety or class of seed into Zambia and may from time to time, by regulation, amend or revoke any such regula tion. (2) Any regulation made under subsection (I) may include any particular variety or class of prescribed seed. (3) In this Act, "restricted seed" means any seed the importation of which is, by virtue of a regulation made by the Minister under this section, for the time being restricted, limited, subject to condition or prohibited. 40. (I) Any person who, without a permit from the Minister as provided by section forty-one, imports any restricted seed into Zambia in contravention of any regulation made by the l\tlinister under section thirty-nine, shall be guilty of an offence. (2) Upon conviction of any person of an offence under this section, the court may, at the request of the prosecution, and in addition to any other penalty imposed, declare any such imported restricted seed found in the possession or under the control of the defendant to be forfeited, or may order it to be destroyed, without compensation, or may both declare it to be so forfeited and order it to be so destroyed, without compensa tion. 41. (1) Notwithstanding the provisions of any regulation made under section thirty-n·ine, the Minister may, at any time and as often as he deems it expedient, permit the importation into Zambia of any specific re:;tricted seed, or of any specific variety or class of restricted seed. (2) Any permit granted under subsection (l) shall be ill. writing, and may be subject to any conditions which the Minister may deem fit to impo!'le. Restricted soed Prohib1t1on against importation of restricted seed Power of Minister to permit importation of restricted seed an 28 CAP. 35'.2] Agriculture (Seeds) Prohibition against importation of prescribed seed except by registered seed importer Conditions for importation of prescribed seed (3) Where, under the pro"isions of this section, the Minister permits the importation of any restricted seed which is also prescribed seed, the provisions of this Act applicable to the importation, testh1g, sale and disposal of prescribed seed shall apply thereto as if the said prescribed seed had not been restricted seed under this Act. (4) Any person who fails to comply with any conditions imposed by the lviinister under this section shall be guilty of an offence. 4'.2. (1) No person may import into Zambia for purposes of sale any prescribed seed for sowing, unless he is a registered seed importer. (2) Any person who imports y prescribed seed into Zambia in contravention of the provisions of subsection (1) shall be guilty of an offence. (3) Upon the conviction of any person of an offence under this section, the court may, at the request of the prosecution, and in addition to any other penalty imposed, declare any such imported 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, or may both declare it to be so forfeited and order it to be so destroyed, without compensa tion. 43. (1) No registered seed importer shall import any prescribed seed into Zambia unless (a) such seed is not restricted seed, the importation of which hu.S been .. -prohibited by regulation made under section thirty-nine; (b) such :med is not restricted seed, the importation of which has been made subject to conditions or limita tions prescribed by regulation made under section thirty-nine and such prescribed conditions or limita tions have not been fulfilled or performed; (c) such seed being restricted seed, the importation of which has been prohibited by regulation made under section thirty-n·ine, a permit for its importation has issued under the provisions of section forty-one,; (d) such seed being restricted seed, the importation of which has been made subject to conditions or limita tions prescribed by regulation made under section thirty-nine and such prescribed conditions or limita tions ltaYe not been fulfilled or performed, a permit for its imp0t·tation has issued under the provisions of section! orty-one; (e) such seed conforms to the standards of germination and purity and other requirements prescribed therefor; Agricultitre (Seeds) [CAP. 352 29 (/) if such seed is packed in a container or containers, such container or containers comply with the requirements prescribed; (g) the genus, species and variety of such seed, and the country of its origin, is shown on an invoice or delivery note accompanying such seed at the time of its importation. (2) The Minister may exempt any registered seed importer, or any particular species, variety or class of prescribed seed, from all or any of the provisions of subsection (1). (3) Any exemption granted by the Ivlinister under sub section (2) may be subject to such conditions in respect of such prescribed seed as the :Minister may, in his discretion, impose. (4) Any person who fails to comply with the provisions of this section or with any condition imposed by the 1\'Iinister thereunder shall be guilty of an offence. (5) Upon the conviction of any person of an offence under this section, the court may, at the request of the prosecution, and in addition to any other penalty imposed, declare any such imported prescribed seed found in the possession or under the control of the defendant to be forfeited, or may order it to be destroyed, without compensa,tion, or may both declare it to be so forfeited and order it to be so destroyed, without compensation. 44. (1) Upon importation into Zambia of any prescribed seed, the registered seed importer to whom the prescribed seed was consigned shall, within thirty days of its delivery to him, eause ,1, sample thereof to be taken in the rnam1er prescribed and sent for test to a Government seed-testing station. (2) Any such imported. prescribed seed shall not be sold or otherwise disposed of by any person prior to the receipt, by the registered seed importer who imported the ;:;aid prescribed seed, of a report on such test from tho Government seed-testing station confirming that the said imported prescribed seed conforms to the standards of germination and purity prescribed. (3) Any person who fails to comply with the provisions of this section. shall be guilty of an offence. ( 4) This section shall not apply if, at the time of import1\ tion of the said prescribed seed, the registered seed importer to whom it was consigned submits to the Controller of Seeds for inspection a report of analysis from the country of origin certifying that the said seed is of a standard which conforms to the standards prescribed for such seed under this Act, and the Controller of Seeds is satisfied to accept such Tepo1t; whereupon the Raid prescribed seed shall be deemed to have been tested in accordance with this Act, and the date of test shown in such report shall be the elate of test for the 1mr1)oses of section thirty-seven and of paragraph (b) of subsection ( 1) of section sixty-three. Required test of imported prescribed seed 30 CAP. 352] A(lricitlture (Seed8) Importation of trade samples of prescribed :seed Seizure and disposal of unlawfully imported restricted seed 45. Nothing contained in this Act shall apply to or operate to preYent the importation by any registered seed importer, by post, of a sample of any prescribed seed, the importation of which has not been prohibited by regulation made under section thirty-nine, where such sample does not exceed one pound in weight and is accompanied by a declaration by the exporter that it is being imported into Zambia solely as a trade sample and is of no.commercial value. 46. (1) Any restricted seed brought to any part of Zambia for purposes of importation in contravention of any of the provisions of this A ct or of any particular restriction, limitation or condition of importation thereunder prescribed may, wherever found, be seized and may be det£dnetl by the Con troller of Seeds or an inspector or duly authorised officer, subject to the disposal thereof under the provisions of sub section (2). (2) If such restricted seed is detained under the provisions of subsection (1) the Minister may (a) order such restricted seed (i) to be removed from Zambi,t within such time a.R may be specified in the order; or (ii) with the consent of the person to whom the said restricted seed was consigned, or his a.gent, or of the owner thereof, to be destroyed without c1 nn pensa.tion; or (b) brin~ proceedings in .the manner prescribed bv sub section (:n for its' forfeiture and der..;tructfon;' or (c) permit the removal thereof subject t9 such conditi<'ns as he may impose; or (d) if tho said restricted seed i& also prescribed seed under this Act, order such samples of such restricted seed to be taken and tested in the manner prescribed ancl (i) if, upon such test, the said restricted seed is found a.nd certified to conform to the standards prescribed for such prescribed seed, permit the importation thereof into Zambia, subject to such conditions J.S he ma y impose; or (i;) if, upon such test, the said re1:1tricted seed is found and certified not to conform to the sa.id standards prescribed, permit the importation thoreof into Zambia, subject to such conditions as he may impose; or bring proceedings in the manner prescribed by subsection (3) for its forfoiture and destruction; or Agriculture (Seeds) [CAP. 352 (iii) if, upon such test, the said restricted seed is found and certified to . be in a dangerous state or injurious to the health of human beings, animals or plants, and the Minister deems it to be reasonably necessary so to do, order the said restricted seed to be destroyed forthwith, without compensation. (3) (n) Where the :Olinister elects to bring proceedings in pursuance of paragraph (b) of subsection (2) or of sub-para graph (ii) of paragraph (d) of subsection (2), he may, in his name, bring civil proceedings in the court against the owner of the restricted seed, or against the person to whom it was consigned, as agent of the owner, and in the said proceedings the :Minister sh.rd! claim for a declaration bv the court that the said restricted seed was imported into Za~bia in contravention of the pro visions of this Act, and for an order that It be forfeited to the Government and destroyed. (b) Such proceedings shall be commenced by filing with the clerk of the court an affidavit, made by a public officer duly authorised by the Minister in that behalf, setting forth the relevant facts and exhibiting any certificate or certificates upon which the declaration and order are sought. (c) (i) Upon the filing of the said affidavit, the clerk of the court shall assign a elate for the bearing of the claim not less than three weeks and not more than six weeks from the date of issue of the writ of summons in accordance with the provisions of sub-paragraph (ii). (ii) The clerk of the court shall thereupon issue a writ of summon" in the form prescribed setting forth therein the date ,1,ssigned f,,r the hearing of the claim. by the court. (d) The said ,n-it of summons shall be served upon the party named as party defendant therein in the manner prescribed in paragraph (e); and notice of the proceedings in the form pre scribed shall be published in the Gazette not less than fomtcen days prior to the elate assigned for the hearing of the claim. (e) For the purposes of this section, any ,nit of summons iss ucd under the provisions of this section shall be deemed to have been served upon the party defendant if, not less than fourteen days prior to the date assigned for the hearing of t,he ch,irn by the court, a true copy thereof is fi) delivered to the said defendant personally; or (ii) addressed to him and left or forwarded by post to him at his usual or last known place of abode or business; or (iii) addressed to him a.nd forwarded by registered pust to his usual or last known post office box number; or (iv) where he is unknown, or where he ha.H no address within Zambia, or his address is unknown, published in one issue of the Gazette. 31 32 CAP. 352] Agriculture (Seed8) Co.p. 662 (f) If any party defendant served with the said writ of summons as provided in paragraph (e) wishes to defend or oppose or contest the said proceeclings, he shall, in. the form prescribed, give notice of his intention so to do to the clerk of the court not less than five days before the date assigned in the said writ of summons for the hearing of the said claim. (g) If any person, who is not a party defendant, desires to defend or oppose or contest the said proceedings, he shall, not less than seven days after the publication of the notice of pro ceedings provided for in paragraph (d), give to the clerk of the court notice in writing of his intention so to de,; whereupon he shall he entitled to appea1 at the hearing of the claim as if he were in every respe,it a party defendant. (h,) If any party defendant fails to comply with the pro visions of paragraph (!), oi· iflie,-ofl.thj person who has given the notice provided for by paragraph (g), fails to appear at the hearing of the claim on the date aesigned therefor, the court shall enter his default and may thereupon proceed to hear and determine the claim fortlnvith on the evidence of the affidavit filed a.nd of any certificate exhibited under paragraph (b), or may adjourn such hearing and determination to a date not more than two weeks from the date assigned for the hearing of the claim. (i) Upon hearing the evidence adduced, the court may make the declaration and order sought; or may dismiss the claim and make snch order as to costs, consequential upon such dis missa,l, as the court deems meet. (j) In the event of a dismissal of the said claim, the :Minister may elect to. dispose of the said restricted seed in any other manner thereunto provided by subsection ( 1 ). (:1) It is hereby declared that any act done or ordered or permitted to be done in terms of this section shall not (a) prevent the institution of criminal proceedings under this Act or under any other written law against the person to whom the said restricted seed was consigned, or his agent, or the owner thereof, or any other person; or (b) curtail or limit in any way whatsoever the powers or duties of the Controller of Customs and Excise or of any customs officer under the Customs and Excise Act; or (c) affect the liability of any person for the payment of customs duty in respect of the said restricted seed; or (d) entitle any person to claim a refund of customs duty pa.id in respect of any restricted seed seized and dealt wit.h in terms of this section. Agriculture (Seeds) [CAP. 352 33 (5) Any person who fails to comply with any order made or conditions imposed under this section shall be guilty of an offence. 47. (1) The Minister may, from time to time and as often as he deems it expedient so to do, by regulation, prohibit, limit, control or make subject to conditions, the exportation of any specific species, variety or class of prescribed seed from Zambia. (2) Any person who contravenes any regulation made under the provisions of subsection (1) shall he guilty of an offence. PART VIII CERTIFIED SEED 48. This Part applies to prescribed seed which has been certified bv the 1Iinister under this Pcirt a.s Zambia certified seed or imi)orted certified seed, as the case may be. 49. The ?tlinister may from time to time, by statutory notice, specify any particular variety of prescribed seed (hcreirnifter called 11 specified variety) which ml1y be cultivated for the purpose of producing seed for certifica.tion a& Zambia certified seed, or which may, if imported, be certified as im ported certified seed under this Part. 50. Zambi,1 certified seed means any prescribed seed of a specified variety which is produced in Zambia, by a registered seed producer under and in accordance \vith Hw provisions of this Part, mid certified bv the }Iinistcr under this Part as Zambia. certified seed. " 51. Imported certified seed means n,ny prescribed seed of a specified vn,riety which has been certified as certified seed under t,hc bws of the co1rnr,ry of it.~ origin, which has been imported into 7.:ambia, and which has been certified by t.hc Minister under this Part as imported certified seed. 52. ( 1) Any ;,;eed producer who desires to cultivate any specified variety or v:1ricties for purposes of certifictttion as Zambia certified seed, sh,111 apply to the Controller of Seeds for registrntion as a registered seed producer. (2) Application for registration as a registered seed pro ducer shall be in the prescribed form and shall be accompanied by the prescribed registration fee. 53. For the purposes of this Part, the Controller of Seeds shall cause to be kept a register of seed 1 )roducers which shall contain (n) the names and addresses of all registered seed pro ducers; (b) p«rticulars of the specified variety or viirioties to be grown by each registered seed producer; Power of Minist€r to control export of prescribed seed Certified seed Power of Minister to specify specified varieties for certification Zambia certified seed lmportod certified SOC(\ Registered seed producers Rogistor of ~cod producers 34 CAP. 352] Agriculture (Seeds) Registration of seed producers Cancellation of registra tion of 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) particulars of the duration of the registration; (e) such other particulars as may be prescribed. 54. (1) As soon as practicable after the receipt of an applica tion for registration as a registered seed producer, tho Controller of Seeds shall (a) ifhe is satisfied thiJ,t (i) the applicnnt is a person suitably qualified and experienced in seed production and capable of producing, to the standards prescribed for Zambia certified seed, seed oLthe specified variety or varieties set out in the application; ,ind (ii) the land proposed to be used for the production of such specified variety or varieties is reason ably suited to the production of such crop; register the applicant as a registered seed producer; (b) if he is not satisfied as to both (i) a,nd (ii) of })ara gra.ph (a), refuse to register the applicant. (:2) The Controller of Seeds may impose such conditions and limitations upon any registration under this section as he may deem to be necessn,ry, including limitations as to the acreage to be used in the cultivation of any particular pre scribed variety by the applicm1t, and alsr) including limitations as to the specified. variet,y or specified varieties to be produced by such applicant,, upon his registration as a regi&tered wed producer. (:3) Registration nnder thii; section shall be va,lid for the production of one crop only of the particular specified variety or varieties to whinh it rd:.i.tes; but for the purposes of sale of Z,imbia certified seed produced thereunder it shall be valid for so long as is necessary for the registered seed producer to dispose of such Zambia certified seed. 55. (1) Whore any registered seed producer, during the continuance of his registration as such (a) fails or ceases to comply with any provision of this Part or with any requirement or condition prescribed thereunder in respect of the production of any specified variety intended for certification as Zambia certified seed; or (b) parts with the possessic,n e,f, or is dispossessed from, the lands upon which a specified v,triety intended for certification as Zambia certified seed is in cc,urse of production; Agriculture (Seeds) [CAP. 352 35 the Controller of Seeds shall forthwith cancel the registration of the said registered seed producer in respect of the production of the said specified variety. (2) Where any registered seed producer, during the continu ance of h.is registration as such ( a) is convicted of an offence under this Act; or (b) dies or, being an incorporated body, is dissolved; the Controller of Seeds shall forthwith cancel the registration of the said registered seed producer. (3) In the event of a cancellaticn under paragraph (b) of subsection (1) or paragraph (b) of subsection (2), the successor in interest to the said 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. 56. (1) Any seed producer whose application for registration as 11 registered seed producer has been refused or made subject to ,my condition or limitn.tion by the Controller of Seeds, or any re6>istcred seed producer whose registration has been cancelled, may, ,vithin twenty-one days after Sllch refusal, imposition of conditions or cancellation, in writ,ing request the Controller of Seeds to furnish his reasons for refusing to register the applicant or for imposing conditions or limitations upon or cancelling any registration under this Part. (2) \Vi thin fourteen days after the receipt of such request, the Controller of Seeds shall furnish in writing to the ,1pplicant the reasons ( ri) why he refused to register the applicant as a registered seed producer; or (b) why he imposed conditions or limitations upon such registration; or (c) why he cancelled such registnition. 57. ( l) Any seed producer whose application for registration as a, registered seed producer has been refused or made subject to any condition or limitation by the Controller of Seeds, or any registered seed producer whose registra,tion has been cancelled, may, within twenty-one days after his receipt of the reasons furnished pursuant to section .fifty-six, appeal to the Minister against the decision of the Controller of Seeds. (2) Such appeal must be in writing. (3) In determining such 11ppeal the ·Minister may consult with the Controller of Seeds, and may affirm the decision of the Controller of Seeds, or ma.y order the Controller of Sceds (a) to register the appellant as a. registered seed producer in the terms of his application for registration; Reasons for refusal to register or for can cell;.tion: when to be furnished Appeal to )linist-Or 36 CAP. 352] Agriculture (Seeds) Power of :l-Iiniater to approve proscribed seed for production of Zambia certified seed Power of Minister to certify seed as Zambia. certified seed Zambia. certified seed to be produced from approved seed Certificate to be pro duced on sale of Zambia. certified seed by registered seed producer (b) to strike out all or any of the conditions or limitations imposed by the Controller of Seeds, or to amend or alter such conditions or limitations in such manner as the Minister may direct, or to impose new or further conditions; or (c) to restore the registration; and the Controller of Seeds shall comply with such order. (4) No appeal shall lie to any court from the decision of the 1r1inister. 58. The Minister may approve specific prescribed seed of a specified variety, which is not certified seed, which may be used by a registered seed producer in the production of Zambia certified seed of that specified variety. 59. (1) Upon its being shown to the satisfaction of the liinister that particular prescribed seed (a) is of a specified variety; and (b) is of known derivation; and (c) has been produced by a registered seed producer; and ( d) has been produced on the land designated in the register; and {e) has been sown, cultivated and produced as prescribed; and (/) has been inspected during cultivation as prescribed; and (!7) has been tested in the manner prescribed and found to conform to the standards of germination and purity prescribed for seed of that specified v;ariety; the Minister may certify such seed as Zambia certified seed. (2) Upon certification by the :Minister of any such seed as Zambia certified seed, the Controller of Seeds shall issue to the registered seed producer a certificate in the prescribed form in respect of such seed, and shall cause the prescribed particulars of such certification to be entered as prescribed in the register of seed producers. 60. No registered seed producer shall use for the pro duction of Zambia certified seed any certified seed which has not been approved for such purpose by the Controller of Seeds, nor any other prescribed seed which has not been approved by the :Minister under sectionfifty-eight. 61. (I) Upon any sale of Zambia certified seed, as Zambia certified seed, by any registered seed producer, he shall, at the time of such sale (a) produce for inspection by the buyer the prescribed certificate issued under this Part in respect of such seed; a.nd Agriculture (Seeds) [CAP. 352 37 (b} furnish to the buyer a true copy of the said prescn'bed certificate countersigne'd by him as the producer of the said Zambia certified seed. (2) Any registered seed producer who fails to comply with the provisions of this section shall be guilty of a.n offence. 62. (1) The Minister may, upon application by a registered seed importer, certify as imported certified seed any prescribed seed of a specified variety which (a) {i) has been imported into Zambia by the appli cant; and (ii) has been tested, or is deemed to have been tested pursuant to subsection (4) of section Jorty-f our; and (iii) has been certified as certified seed under the laws of the country of its origin; and (iv) has been accompanied by a certificate which the Controller of Seeds is willing to accept for the purposes of certification under this Part; or (b) is shown to the satisfaction of the Minister to have been produced under conditions and to conform to standards equal to, or higher than those prescribed for the production and certification of Zambia certified seed. (2) Upon certification by the :\finister of any such 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 seed, and shall cause the prescribed particulars of such certification to be entered as prescribed in the register of seed importers. 63. (1) Any person who i'ells, for sowing, any certified seed in sealed containers shall cause to be printed or stamped upon each such container or on a label or labels attached thereto, or enclosed therein in such a way as to be legible without opening the said container, jn clear and legible letters and figures (a) in the case of Zambia certified seed, the words "Zam bia certified seed " in lieu of the words " Government tested seed " as prescribed by section thirty-seven, the date of test and the number of the certificate jssued in respect thereof; and (b) in the case of imported certified seed, the words "Imported certified seed " in lieu of the words " Government tested seed " as prescribed by section thirty-seven, the date of test pursuant to section forty Jo·ur, and the number of the certificate issued in respect thereof; together with such other particulars as are prescribed. Power of Minister to certify imported prescribed seed as imported certified seed Duties of seller on sale of certified seed in sea.led containers 38 CAP. 352] Agriculture (Seeds) Prohibition against sale of uncerti fied seed as certified seed Prohibition against sale of certified seed without possession of appropriate certificate When seed failing to meet certification standards may be sold as Govern ment tested prescribed seed Failure to comply with Act or regulations an offence (2) Any person who fails to comply with the provisions of this section shall be guilty of an offence. 64. Any person who (a) sells as certified seed any seed which is not certified hy the Minister under this Part; or ( b) for the purposes of sale, uses, in the description or name of any seed, the word " certified " or any cognate word in relation to seed which is not certified by the Minister under this Part; shall be guilty of an offence. 65. (1) irny person who sells in bulk quantities (a) any Zambia certified seed or imported certified seed, for sowing, without having in his possession or under his control, at the time of such sale, the prescribed certificate or copy certificate i::,sued or furnished under this Part in respect of sueh seed; or (b) any Z<1mbia certified seed or imported certified seed, for sowing, and who fails to furnish to the buyer, at the time of such sale, the pn.scribed certificate or copy certificate required to be so furnished under this Part in respect of such seed; shall be guilty of an <,ffence. (2) The validity of a contra.ct for the sale of certified seed, or the right to enforce such a cor1tract, shall not be affected by non-compliance with th.is section. l3) For the purposes of this section, "in bulk quantities" includes any quanti·ty: of.seed taken, for the pu,rpose of a.. particular sale, from any larger quantity of seed, but does not innlndP- seed which is packed and sold in sealed containers. 66. vVhere, because of no.a-compliance with any of the provisions of section fifty-nine, the Minister refuses to cer:;ify M Zambia certified seed any seed of a specified variety which was produced by a registered seed producer for the purposes of such certification, and it is shown that, upon the test prescribed, the said seed conforms to the standards of germination and purity prescribed for such variety, the registered seed producer shall not, by reason of such non-certification, be precluded from selling the said seed as Government tested prescribed seed, subject to the provisions of this Act applicable to such sale. PART IX OFFENCES AND l\lISCELLANEOUS 67. Any person who contravenes or fails to comply with any of the provisions of this Act, or with any regulation, requirement or condition lawfully prescribed thereunder, shall be guilty of an offence. Agriculture (Seeds) [CAP. 352 39 68. Any person, not being a seed producer or a registered seed importer, who, without a seed &eller's licence, sells, by wholesale or rebil, for sowing, any prescribed seed shall be guilty of a,n offence. 69. (1) Save as provided by section se·l'enty-eight, no person shall sell any prescribed seed for sow ing unless the said seed has previously been tested as provided by this Act, and -upon such test has been found to be of the standards of germirnttion and purity prescribed for such seed. (2) Any person who fails to comply with the provisions of this section shall be guilty of an offence. (3) Upon the conviction of any person of an offence under this section, the court m.1y, :it the request of the pro~ecution, and in addition to any other penalty imposed, declare any such untested prescribed seed found in the po&session or under the control of the defendant to be forfeited, or may order it to be destroyed, ,vithout compensation, or may both declare it to be so forfeited and order it to be so destroyed, without com pensation. 70. (l) If, upon test made pursu(1.nt to the provisions of this • .\ct, any vrescribed seed is found not to conform to the standards of germination and purity prescribed for such seed, and is so reported in the prescribed report on such test furnished by a Government seed-testing station, suc·h prescribed seed shall not be sold by any person, for sowing, save with the consent in writing of the }[inister previously obtained, and subject HJ any conditions as regards such imle as the Minister may impose. (2) Any person who sells any pn'scribell seed in contra vention of the provisions of this sec-tion sh:.,11 be guilty of an. offence (3) Upon ccnviction of any person of rm offence under this section, the court may, at the request of the prosecution, and in addition to any other pen~lty imposed, declare any such snb-skmdard prescribed scod found in the possession or under the control of the defendant to be forfeited. or may order it to be destroyed, without comIJensation, or may both declare it to be so forfeited and order it to be so destroyed, without com pensation. 71. (1) Any person who sells, for sowing, any prescribed seed nuder any description r,ther than itB va,riebll name shall be guilty of m1 offence. (2) In this section, " varietal name " means the name girnn to a specific variety of seed by its origim\tor or disc~werer. Prohibition again.st sale of prescribed seed without seed seller's licence Prohibition against sale of untested prescribed seed Prohibition against sale of sub standard prescribed seed Prohibition against ,ale of prescribed seed under name other than varitital name 40 CAP. 352] Agrici1lture (Seeds) Prohibition against tampering with samples Prohibition against altering, defacing or removing official records, etc. Prohibition against altering, etc., documents and marks Soorecy 72. Any person who (a) tampers with any prescribed seed so as to procure that any sample of such prescribed seed, taken under and for the purposes of this Act, does not correctly represent the bulk from which the said sample was taken; or (b) otherwise tampers with any sample taken under this Act; or (c) with intent to deceive, causes or permits to be sent to a.uy Government seed-testing station to be tested, for the purpases of this Act, a sample of any prescribed seed which to his knowledge doe,, not represent the bulk from which it was taken; shall be guuty of an offence. 73. Any person who, without lawful authority, alters, defaces or removes (a) any register, roll, index or other such official record maintained in pursuance of this Act or of any order, requirement or regulation made thereunder; or (b) any entry appearing in any such registm·, roll, index or other such official record; shall be guilty of an offence. 74. Any person who, without lawful authority, alters or defaces (a) a.ny certificate, report,, record, invoice, account or other document, prescribed, issued, furnished or kept under this Act or under any order, require ment, condition or regulation made thereunder or• (b) miy label, note, docket or mark placed upon any container under this Act or under m1y order, require ment, condition or regulation nrndc thereunder, or ·who removes any such label, note, docket or mark from any such cont.ainct·; shall be guilty of an offence. 75. If any person (a) being a person employed for the purposes of this Act, publishes or communicates to any person without lawful authority any information acquired by him in the comse of his employment; or (b) having possession of any information which to his knowledge has been disclosed in contravention of this Act, publishes or communicates that informa tion to any other person; he shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding one thousand kwacha or to a term of imprisonment not exceeding two ye:u~. or to both such fine and such imprisonment. Agriculture (Seeds) [CAP. 352 41 76. All registers and rolls maintained by the Controller of Seeds under this Act shall, at all reasonable times, b6 open to the inspection of any person appI.,.;ng to the Controller of Seeds on payment of the fee prescribed. 77. Until such time as specific prescribed seed is ascertained and appropriated to such contract, this Act shall not apply to any contract for the sale of prescribed seed as future goods, nor to any contract for the sale of prescribed seed the acquisition of which by the seller depends upon a. contingency which may or may not happen. 78. The provisions of this Act shall not a,pply (ct} to any sale of prescribed seed (which is not Zambia certified seed), which has been produced by a seed producer on his own land, and is sold by him (i) for sowing by the buyer, a.nd not for purposes of re-sale; or (ii) for use as food or as farm feed or for industrial purposes; or (iii) to a registered seed cleaner in order that it may be cleaned before being sold for sowing: Provided that it is sold in a container or containers, upon which, or upon the label or labels--a,ttached thereto, appear clearly and :egibly·· the words "for cleaning purposes only"; (b) to any sale of prescribed seed (which is not certified seed) by or to a persun who is a member of a class exempted from the provisions of this Act by an order made by tho 2\Iinister under section seventy nine. 79. (l} The Minist&r may, from time to time and as often as he deems it exp<idient so to do, exempt any class of persons from the provisions of this Act. (2) Any exemption granted under this section shall be in writing and shall be pub!if,hed in one issue of the Gazette and shall be effective from the date of such publication. (:~) The 2\Iini::1tcr may at any time revoke any exemption granted under thir section, which revocation shall be in writing and sha,ll be effective from the date therein stated, and notice thereof shall be published in one issue of the Gazette. Inspection of registers and rolls When Act applies to contract of sale of prescribed seed as future goods, or upon a contingency When Act not applic able to sale of prescribed seed Power of ~Iinistcr to exempt classes of persons from provisions of Act 42 CAP. 352] Agriculture (Seeds) Venue of proceedings for offences Reports on tests prime& Jacie evidence of facts reported Presumption of correct ness of statement for purposes of civil proceedings on contract of sale Penalty PART X PROCEEDINGS AND PENALTY 80. For t~e purposes of any proceedings for an offence under this Act, the offence may be treated as having been com mitted either at the place where it was actually committed or at the place where the person charged with the offence is, for the time being, resident, and every subordinate court shall .have power to hear and determine proceedings for any such offence accordingly. 81. In any proceedings brought under this Act, the produc tion of any report issued by a Government seed-testing station, on any test made as prescribed, shall be sufficient evidence of the facts therein stated, unless the defendant or person charged requires, as regards the said report, the ofhcw.1 seed-tester or the perscn who made the test to be called as a witness: Provided that this sectjon shall not apply, as regards a report issued by a Government seed-testing station, where the sample tested has been taken otherwise than in the manner prescribed 82. ( 1) For the purposes of any civil proceedings on a contmct of sale of prescribed seed, being a 8ale to which this Act applies, the prescribed particulars contained in the state ment or copy st,atement delivered to the purchaser upon such sale in pursuance of this Act, other than the particulars relating to the germination and purity of the said prescribed seed, shall be deemed to be true, unless the contrary is proved, and the particularn relating to the germination and purity of the said prescribed seed sha;[l be deemed to be true, unless- 1t i.'! pr~wcd, upon a test made pursuant to the provisions of subsection (2), that the said prescribed seed does not conform to the standards of germination and purity prescribed for such prescribed seed. (2) If the purchaser of any such prescribed seed desires that a test thereof should be made for the purposes of this sec tion, he may, at any time not later than ten days afocr the said seed and the said statement have been delivered to him, take u sample of the said seed in the manner prescribed and shall cause prescribed portions of the said sample to he delivered to a Government seed-testing station for testing, and to such other persons, including the seller, as are prescribed. 83. Save where otherwise expressly provided by this Act, uny person who is convicted by the court of an offence under this .Act shall, in the case of a first such offence, be liable to a fine not exceeding twenty kwacha or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment; and in the case of a second or any subsequent offence, to a fine not exceeding fifty kwacha or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment Agricultare (Seeds) [CAP. 352 43 PART XI REGULATIONS AND RULES 84. The Minister may, by statutory instrument, make Regulations regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for (i) the forms of registers, rolls, applications, nominations for registration, certificates of registration, reports on sampling, reportr- on tests, and :mch other forms as the Minister deems fit to prescribe llllder and for the purposes of this Act; (ii) the forms of records to be kept by the Controller of Seeds for the purposes of this Act; (iii) the forms of records to be kept and returns to be made by registered seed importers, registered seed cleaners, registered seed producers and licensed seed sellers for the purposes of this Act; (iv) the qualifications, professional and otherwise, of official seed-testers under this Act; (v) standards of quality and performance of scientific equipment and the variety of such equipment to be maintained in any Government seed-testing station; (vi) the operation and management of Government seed testing stations, including the number of offi'!ial seed testers to be attached to each such seed-testing station; (vii) the forms of records to be kept by Government seed testing stations for the purposes of this Act; (viii) the manner in which samples are to be taken under this Act, the forms iii> lit 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 under particular circumstances; (ix) the methods to be employed by Government seed testing 8tations and official seed-testers in the testing of prescribed seed under and for the purposes of this Act, and the fees to be paid for each such test under particular circumstances; (x) standards of germination and purity of any variety of prescribed seed; (xi) r-tandards of germination and purity of specified varieties for pmposes of certification as certified seed under Part VIII; (xii) the conditions under which prescribed seed intended for sale for sowing may be displayed for sale or stored by any seed producer, registered seed importer, registered seed cleaner or licensed seed seller; 44 CAP. 352] Aqriciclhtre (Seeds) (xiii) the manner [l,llCl methods of labelling, stamping, marking or sealing of containers in which any pro scribed seed is sold; (xiv) the manner and methods of labelling, stamping, marking or sealing of containers in which any seed certified under Part VIII is sold; (xv) periodic sampling of prescribed seed; (xvi) the prevention of the use of false or misleading state ments in advertising any prescribed seed for sale; (xvii) the prohibition or restriction of the disposal, acquisi tion or use of any prescribed seed as farm feed or fertiliser; (xviii) standards of quality and performance of equipment and the variety of such equipment to be maintained at any registered seed cleaning plant; (xix) the methods to be employed by registered seed cleaners in and about the cleaning of prescribed seed; (xx) the inspection of land designated by any registered seed producer as land on which he intends to produce seed for certification as Zambia certified seed; (xxi) the examination and testing of any seed intended for use by a registered seed producer in the production of Zambi,1 certified seed; (xxii) the methods to be employed by registered seed pro ducers in and about tho cultivation and production of seed for certification as Z,1mbia certified seed; (xxiii) the periodic inspection of growing crops intended for the production of seed for certification as Zambia certified seed ; (xx1vJ the control, limitation or prohibition of the cultivation by a registered seed producer of any specified crops on land contiguous or adj~oce!tt t" lnnds upon which seed intended for certification as Zambia certified seed is being grown by the said registered seed pro ducer; (xxv) the control of weeds on the land of any registered seed producer which is being used for the production of seed intended for certification as Zambia certified seed, or on any other land of the said registered seed producer adjacent or contiguous to such land; (xxvi) the country or countries of origin of imported seed of any specified variety, whose certificate thereof as certified seed may form the basis of an application by a registered seed importer for the certification of such seed as imported certified seed under Part VIII; (xxvii) the certifying authority of any specific country of origin of imported seed of a specified variety whose certificate of such seed as certified seed may he accepted for the purpose of certification of such seed as imported certified seed under Part VIII; Aqriculture (Seeds) [CAP. 352 (xxviii) the forms of application and other forms or documents to be used for the purposes of certification of any seed of a specified variety under Part VIII and the form of certificates to be issued or furnished in respect of such certification; (xxix) the control of the I)rices a,t which seed certified under Part VIII, whether as Zambia certified seed or as imported certified seed, may be-sold; (xxx) the licence and other fees payable by an applicant for a seed seller's licence; (:x:xxi) the fees payable by a seed producer for registration as a registered seed producer under Part VIII; (xxxii) the exclusion of any particular variety or class of prescribed seed from any or all of the provisions of this Act. 85. The Chief Justice may, by statutory instrument, make Rulos of rules providing for- court (a) with respect to proceedings brought under and in accordance with the provisions of subsection (2) of section thirty-eight and subsection (3) of section forty-six, the procedure and practice of the court, the forms to be used therein, the fees payable and the costs and charges to be allowed to legal practi tioners practising therein; (b) the proper and effectual exercise of jurisdiction by the court; (c) the procedure nn<l pr:J,ctiee relating to appeals from the court. FIRST SCHEDULE (Section 16) FEES PAYABLE ON FrRsT RECTISTRATJO:,,/ AS REGISTERED SEED bu·onTER or< RErusTERED SEED Cu:.-L-,1-;R A:,,/l> 01, Rt:~EWAL TnERF.O:F 1. For first rngistn\tion o.s a registered seed importer K4.00 2. For first registration as a registered seed cleaner K4. 01) 3. For the mintml renew,,! of regi8tmtion as a rcgisternd seed irnportur T{:!.0() •!. For tho annual renewal of registration H,B o, registered see,l clc,inor E.:2.01) SECOND SCHEDULE (Section Hi) FgEs PAYABLE o;, REGISTRATION OF A TRANSFEREE on SUCCE!;SOR IN INTEREST l. For provisional registration of ,, transferee from, or succe;isor in intorcst to, o. registorod seed importtlr o.s o. rogistcrod seed importtlr on thtl register of seed importers K:2,00 :l, For provisional registro.tion of a tn,nsforee from, or successor in interest to, t~ register<:Jd seed clet\I\er ''-" registered seed cleaner on the register of seed cleaners . . K2.00 3. For full registration of a transferee or successor in interest on tho register of seed importers or the register of seed ~= ~00 4. For the imnuo.l renewal of any provisional registration . . K2.00 45