Plants and Fertilizer Act, 2010 (No. 803)

RI l'l'BLIC OF Cili.-\:-,;,.\ PLANTS Al�D FERTILIZER ACT, 2010 (Act 803). l Plants and Fertilizer Act, 2010 Ad. 803 ARRANGEMENT OF SECTIONS Section PART ONE-PLANT PROTECTION Importation of plants and plant materials 1. Purpose of Part One 2. Minister to regulate importation of plants, plant materials and conveyance 3. Declaration of importation and examination by inspector 4. Importation to conform with International Plant Protection Convention 5. Consignee in Ghana to give notice Export of plants and plant materials 6. Export of plant materials 7. Risk for exportation and spread of plant pest Functions and powers of the Plant Protection and Regulatory Services Division and Designated Officers 8. Establishment of the Plant Protection and Regulatory Services Directorate 9. Functions of the Plant Protection and Regulatory Services Direc­ torate 10. Powers of a designated officer Containment and eradication of plant pests 11. Plant pests regulation or eradication 12. Obligation to give information on a quarantine pest 13. Measures by Minister on an infested or infected quarantine pest 14. Disregard of notice by an owner or occupier 15. Annual review of a plant quarantine pest 16. Compensation Plant Protection Advisory Council 1 7. Establishment of the Plant Protection Advisory Council 18. Composition of the Council /:id. 803 Plants and Fertilizer Act, 2010 19. Tenure of office of members 20. Meetings of the Council 21. Secretary to the Council 22. Functions of the Council 23. Disclosure of interest 24. Establishment of Committees 25. Allowances 26. Accounts and Audit Procedures for handling complaints 27. Complaints .t Offences and penalties 28. Offences 29. Penalties PART TWO-SEEDS Registration of seed importers and exporters 30. Purpose of Part Two 31. Registration of seed importers, growers and cleaners 32. Processing of application 33. Conditions of registration 34. Non-transferability of registration 35. Renewal of registration 36. Power to suspend, cancel or modify registration 3 7. Seeds register Production and marketing of seeds 38. Seed production and marketing 39. Importation and exportation of seeds 40. Sampling and testing 41. Tagging and identification of locally produced seeds 42. Labelling of seed packages 43. Variety registration 44. Seed quality control Quality control of seeds 45. Seed inspection 46. Seed testing 2 Plants and Fertilizer Act, 2010 4 7. Pre-basic seed National Seed Council 48. Establishment of National Seed Council 49. The functions of the Council 50. Composition of the Council 51. Tenure of office of members 52. Meetings of the Council 53. Disclosure of interest 54. Committees of the Council 55. Allowances 56. Technical and Variety Release Committee Act 803 57. Composition of the Technical and Variety Release Committee 58. Meetings of the Technical and Variety Release Committee 59. National Variety Release and Registration Sub-Committee 60. Functions of the National Variety Release and Registration Sub­ Committee 61. Secretariat Miscellaneous provisions 62. Funds of the Council 63. Accounts and audit 64. Annual and other reports 65. Offences 66. Penalties PART THREE-FERTILIZER CONTROL Registration of fertilizer importers 67. The Purpose of Part Three 68. Registration of importers, manufacturers and distributors 69. Processing of application 70. Conditions of registration 71. Non-transferability of registration 3 Act. 803 Plants and Fertilizer Act, 2010 72. Renewal of registration 73. Power to suspend, cancel or modify registration 74. Proprietary information 7 5. Publication of information Manufacturing and distn·bution of fertilizers 76. Fertilizer Register 77. Fertilizer manufacturing and distribution 78. Importation and exportation of a fertilizer Packaging and labelling of a fertilizer 79. Packages and labels Inspection and analyses 80. Inspection 81. Methods of inspection, sampling and analysis 82 Plant nutrient deficiency 83. Inspection fees 84. Stop sale order 85. Certificate of analyst Inspection Fund 86. Establishment of the Fund 87. Objects of the Fund 88. Management of the Fund Miscellaneous provisions 89. Misbranding 90. Adulteration 91. Short weight 92. Harmful substances 93. Plant nutrient guarantees 94. Slowly released plant nutrients National fertilizer Council 95. Establishment of the Council 96. The functions of the Council 97. Composition of the Council 98. Tenure of office of members 4 Plants 99. Meeting of the Council 100. Disclosure of interest lOL Establishment of the Committee 102. Allowances Act, The Ghana Fertilizer Regulatory Unit 103. Ghana Fertilizer Advisory Committee 104. Meetings of the Committee 105. Disclosure of interest 106. Establishment of the Pesticide and Fertilizer Regulatory Division 107. Functions of the Division 108. Pesticide and Fertilizer Regulatory Administrator 109. Units of the Division 110. Staff of a Unit 111. Co-operation with other bodies 112. Accounts and audit 113. Annual report and other reports 114. Offences PART FOUR-PLANTS AND FERTILIZER FUND 115. Establishment of Plant Fertilizer 116. Objects of the Fund 117. Sources of the Fund 118. Bank Accounts for the Fund 119. Accounts and Audit 120. Annual and other reports PART FIVE-MISCELLANEOUS MATTERS 12L Power of Minister to assign function 122. Regulations 123. Interpretation 124. Repeals and savings SCHEDULES 5 ld.803 THE EIGHT HUNDRED AND THIRD ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED PLANTS AND FERTILIZER ACT, 2010 AN ACT to provide for plant protection, seeds and fertilizer control and for related matters. DATE OF ASSENT: 6th September, 2010. PASSED by Parliament and assented to by the President PART ONE-PLANTS PROTECTION Importation and exportation of plants and plant materials Purpose of Part One 1. This Part provides for the efficient conduct of plant protection, to prevent the introduction and spread of plant pests, regulate the import and facilitate the export of plants and plant materials and provide for related matters. Minister to regulate importation of plants, plant materials and conveyance 2. (1) A person shall not import a plant, plant material or conveyance without an import permit and a phytosanitary certificate. 6 Plants and Fertilizer Act, 2010 Ad: 803 (2) A phytosanitary certificate shall be issued by an authorised person of the exporting country. (3) An application for an import permit shall be submitted to the Minister in the prescribed manner accompanied with the prescribed fee. Declaration of importation and examination by inspector 3. (1) A person who imports a plant, plant material, plant pest, beneficial organism, soil or packaging material shall (a) do so through a designated port or post office, and (b) make a declaration of the import and submit the declaration together with the import permit and phytosanitary certificate to the Ghana Revenue Authority. (2) The appropriate officer of the Ghana Revenue Authority or the designated post office shall immediately notify the Plant Quarantine Services Division of the Ministry of the arrival of plant, plant material or other items that may contain plant pests and shall not release the items for distribution before a plant quarantine officer authorises the distribu­ tion. (3) On receipt of the notice, the Plant Quarantine Services Division shall direct an inspector to (a) examine the plant, plant material, plant pest, beneficial organism, soil or packaging material, and (b) issue a certificate for the examination. Importation to conform with International Plant Protection Convention 4. (1) Any plant, plant material or other item that may contarn plant pests shall on its importation into the country be subject to inspection in accordance with the procedures of the International Plant Protection Convention. (2) The inspection shall be conducted by a designated officer at the point of entry or at the final destination if the container is sealed. (3) Where the Minister requires that written notice be served on an importer as a result of the inspection and because the imported items (a) present a risk for the introduction and spread of plant pests; (b) do not satisfy the provisions of this Act; (c) are not accompanied with the requisite documents; or 7 Id. 803 Plants and Fertilizer Act, 2010 ( d) are imported from a prohibited location, as prescribed; the imported items shall be subject to (i) quarantine at a plant quarantine station or a desig­ nated location and an authorised officer shall be present for the duration that the Director considers necessary; (ii) appropriate treatment in order to remove the risk; (iii) re-exportation; or (iv) destruction by a means specified in the notice. ( 4) The cost of and responsibility for any action taken under sub­ section (3) shall be borne by the importer. (5) The Minister may prohibit or restrict the release or movement of imported plants and their progeny which have been placed in quaran­ tine. Consignee in Ghana to give notice 5. (1) A consignee who suspects that an import contains plant pests shall notify the Plant Quarantine Services Division of the Ministry in the region concerned in writing as soon as delivery is taken. (2) The Minister may require a person involved in the importa­ tion, exportation or trading in plant material to register with the Plant Protection and Regulatory Services Directorate and to comply with the requirements that the Director may reasonably require. Export of plants and plant materials Export of plants and plant materials 6. (1) A person who intends to export a consignment of plants or plant materials to another country for which a phytosanitary certificate is required, shall request for safe pre-export examination or other inspec­ tion and test that may be required by the declared country of destination. (2) The request for the pre-export examination shall be made to the Plant Quarantine Services Division. (3) Each consignment shall be examined by a designated officer and if the designated officer is satisfied that the prescribed requirements have been met, the designated officer shall issue a phytosanitary certificate in accordance with this Act. ( 4) The examination shall be conducted within six hours before the stated export time in the case of a perishable consignment and between six hours and three days before the stated export date in the case of a non-perishable consignment. 8 Plants and Fertilizer Act, 2010 Act 803 Risk for exportation and spread of plant pest 7. (1) Where the examination of the plant or plant materials to be exported reveals that they present a risk of the spread of plant pests or do not satisfy the requirements of the destination country, the plant or plant materials shall be subject to appropriate treatment followed by re-examination at a later date. (2) A re-examination shall be carried out in the same manner as the initial examination and where the items do not meet the require­ ments, the designated officer shall refuse to issue a phytosanitary certificate. (3) The cost of and responsibility for action taken under subsec­ tions (1) and (2) shall be borne by the exporter. Functions and powers of the Plant Protection and Regulatory Services Directorate and Designated Officers Estl;lblishment of the Plant Protection and Regulatory Services Directorate 8. There is established by this Act a Plant Protection Regulatory Services Directorate of the Ministry. Functions of the Plant Protection and Regulatory Services Directorate 9. The Plant Protection and Regulatory Services Directorate shall · (a) issue phytosanitary import permits for plants, plant products and other related articles; (b) issue certificates for phytosanitary regulation of the import contracting party for the consignment of plants, plant products and other regulated articles; (c) carry out surveillance of growing plants including areas under cultivation, fields, plantations, nurseries, gardens, green houses, laboratories, wild flora, plants and plant products in storage or in transit, particularly to report the occurrence, outbreak and spread of pests and the control of the pests; ( d) inspect consigrunents of plants and plant products and where appropriate other regulated articles to prevent the introduc­ tion and spread of pests; (e} carry out the disinfestations or disinfection of consignments of plants and plant products and other regulated articles moving in international traffic and ensure that they meet phytosanitary requirements; 9 Act 803 Plants and Fertilizer Act, 2010 (f) protect endangered areas and designate, maintain and carry out surveillance of pest-free areas and areas of low pest prevalence; (g) conduct pest risk analyses; (h) ensure that the phytosanitary security of consignments after ·certification as regards composition, substitution and re-infestation of plants and plant products intended for exports are satisfactory; (i) train and develop staff; (j) disseminate information within the country about quaran­ tine requirements and procedures to prevent and control plant pests; and (k) co-operate with member countries of the International Plant Protection Convention. Powers of a designated officer 10. For the purpose of safeguarding public health, agriculture and the environment in the country, a designated officer may at any reasonable time and on production of an identity card (a) enter any premises or conveyance where the designated officer has reasonable grounds to suspect that there may be plant pests and the officer may be accompanied by a police or customs officer as the situation determines; (b) inspect any plant or plant material under cultivation, in storage, or in transit, in order to report the existence of an outbreak and spread of plant pes�; (c) inspect a consignment of plant and plant material imported into or destined for export out of the country; ( d) stop and search without warrant any person, baggage, con­ tainer or conveyance entering or moving within the country where a designated officer suspects that they may harbour a plant pest; (e) ensure the disinfestations or disinfection of consignments of plants, plant materials or other imported items or destined for export from the country and their containers, packing material, storage places or conveyance; (f) ensure the disposal of plant waste from aircraft and any ship that arrives in the country and from premises which process or wash imported plants and plant material; (g) stop the distribution, sale or use of any plant, plant product or regulated article �nd seize them for a stipulated period 10 Plants and Fertilizer Act, 2010 /Jd:. 803 if the designated officer has reason to believe that it is being distributed, sold or used in contravention of this Act; (h) order that an imported plant, plant product or regulated article be destroyed or re-shipped to the country of origin if found or suspected to be infected with a regulated pest; and (i) direct that a plant, plant product or scientific research be subject to terms and conditions that the Minister may consider appropriate. Containment and eradication of plant pests Plant pests regulation or eradication 11. The Minister may issue regulations to declare a plant pest to be a regulated pest if (a) it presents or is likely to present a threat to the production of or trade in plant and plant material or to the natural envi­ ronment, and (b) it is either not known to be established in this country or is the subject for eradication or containment. Obligation to give information on a quarantine pest 12. A person who (a) suspects or is aware of a quarantine pest under this Act, or (b) discovers a pest not known to be present in this country, shall immediately notify the Division or the nearest office of the Ministry personally. Measures by Minister on an infested or infected quarantine pest 13. (I) The Minister may (a) declare any land, area, or premises which is infested or infected, or suspected of being infested or infected with any quarantine pest to be under quarantine; (b) prescribe measures for the treatment or disposal of plants, plant materials, plant pests, soil or packing material and the treatment of conveyances, whether or not they have been found to be infested or infected; (c) prescribe the period within which it shall not be lawful to plant or replant the whole or part of an infested or infected land, area or premises under quarantine; or (d) create or use domestic checkpoints to restrict movement of plants and plant materials within regions by establishing internal plant quarantine measures. 11 Act 803 Plants and Fertilizer Act, 2010 (2) Where a designated officer believes that a quarantine pest may be present on a farm or plant nursery, the designated officer may enter the farm or plant nursery and inspect any plant and plant material on the production of an identity card. (3) Where the designated officer is satisfied that a quarantine pest is present at any place, the designated officer may cause a written notice to be served on the owner or occupier of the place. ( 4) If the designated officer considers it appropriate, the notice will be served on the owner or occupier of an adjoining land or premises, ordering each of them, to take whatever measures the Minister considers appropriate to eradicate, contain or restrict the spread of the quarantine pest within a period specified in the notice. Disregard of notice by an owner or occupier 14. If an owner or occupier either fails to comply with any of the terms of a notice issued under section 13 (3) and ( 4) or is unable to comply within the stipulated period, the Minister may authorise a plant quaran­ tine officer or other qualified person to enter on the land or premises in question in order to carry out the requirements of the notice. Annual review of a plant quarantine pest 15. (1) .The Minister shall annually review the situation in respect of land placed under quarantine to determine whether (a) the relevant quarantine pest is no longer present; or (b) it is no longer appropriate for the quarantine to be main­ tained in respect of some or all of the land under quarantine. (2) The Minister shall lift the quarantine by written notice served on all affected owners or occupiers of the land if the Minister finds that the pest is no longer present or the quarantine is no longer desirable. Compensation 16. (I) The Minister may compensate an owner or person in possession of a plant or property destroyed or harmed by a designated officer in the performance of a function under this Act from moneys voted for the purpose. (2) The compensation shall be estimated on the basis of the value of the plant or property destroyed or harmed at the time of the action. (3) Where there is a disagreement as to the amount of compensa­ tion to be paid, the matter shall be referred to arbitration as provided for in the Altemattive Dispute Resolution Act, 2010 (Act 798). 12 Plants and Fertilizer Act, 2010 Act 803 (4) The Minister is not obliged to compensate a person who has suffered loss as a result of action taken under this Act if the action was taken to remedy a situation caused wholly or partially by that person's negligence or failure to comply with lawful instructions. Plant Protection Advisory Council Establishment of the Plant Protection Advisory Council 17. There is established by this Act a Plant Protection Advisory Council. Composition of the Council 18. (1) The Council consists of (a) the Minister or the representative of the Minister who is the chairperson, (b) the Director of the Plant Protection and Regnlatory Services Directorate, (c) one representative of the Universities in Ghana with specialisation in plant protection, ( d) one representative of the Council for Scientific and Industrial Research with specialisation in plant protection, (e) one representative of the Environmental Protection Agency not below the rank of director, (f) one representative of Ghanaian exporters of plants and plant products; (g) one representative of Ghanaian importers of plants and plant products, (h) one representative of the Ministry of Trade and Industry, and (i) one representative of the Narcotics Control Board. (2) The members of the Council shall be appointed by the President in accordance with article 70 of the Constitution. Tenure of office of members 19. (1) A member of the Council shall hold office for a period of not more than four years and is eligible for re-appointment but a member shall not be appointed for more than two terms. {2) Sub-section (1) does not apply to section 18 (1) (a) and (b). (3) A member of the Council may at any time resign from office in writing addressed to the President through the Minister. ( 4) A member of the Council who is absent from three consecutive meetings of the Council without sufficient cause ceases to be a member of the Council. 13 Ad. 803 Plants and Fertilizer Act, 2010 (5) The President may by letter addressed to a member revoke the appointment of that member. (6) Where a member of the Council is for a sufficient reason unable to act as a member, the Minister shall determine whether the member's inability to act would result in the declaration of a vacancy. (7) Where there is a vacancy (a) under subsection (3) or (4) or section 23 (2), (b) as a result of a declaration under subsection (6), or (c) by reason of the death of a member the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy. Meetings of the Council 20. (1) The Council shall meet at least once every three months for the despatch of business at the times and places determined by the chair­ person . (2) The chairperson shall at the request in writing of not less than one third of the membership of the Council convene an extraordinary meeting of the Council at a place and time determined by the chairperson. (3) The quorum at a meeting of the Council is five members of the Council or a greater number determined by the Council in respect ·of an important matter. ( 4) The chairperson shall preside at meetings of the Council and in the absence of the chairperson, a member of the Council elected by the members present from among their number shall preside. (5) Matters before the Council shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Council may co-opt a person to attend a Council meeting but a co-opted person shall not vote on a matter for decision at the meeting. Secretary to the Council 21. The Director of Plant Protection and Regulatory Services Directorate shall serve as the �ecretary to the Council. Functions of the Council 22. The Council shall (a) develop and promote a national plant protection system; (b) co-ordinate public and private sector participation in plant protection related matters; 14 Plants and Fertilizer Act, 2010 Act 803 (c) provide assistance in the preparation of Regulations, orders and notices under this Act; (d) provide assistance in the implementation of Regulations, orders and notices under this Act; (e) examine complaints and objections lodged in respect of decisions and measures taken; (/) keep records of its deliberations and attendance at its meetings; and (g) be responsible for any other matters concerned with plant protection. Disclosure of interest 23. (I) A member of the Council who has an interest in a matter for consideration (a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) shall not participate in the deliberations of the Council in respect of that matter. (2) A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and (a) fails to disclose that interest, or (b) participates in the deliberations of the matter. Establishment of Committees 24. (I) The Council may establish committees consisting of members of the Council or non-members or both to perform a function. (2) Without limiting subsection (1), the Council shall have a Com­ plaints Settlement Committee. (3) A committee of the Council may be chaired by a member of the Council. ( 4) Section 23 applies to members of committees of the Council. Allowances 25. Members of the Council and Committees shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance. Accounts and audit 26. (1) The Directorate shall keep books of account and proper records in the form approved by the Auditor-General. 15 Act 803 .. Plants and Fertilizer Act, 2010 (2) The Directorate shall submit its accounts to the Auditor-General for audit within three months after the end of the financial year. (3) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister. Procedures for handling complaints Complaints 27. (I) An owner or occupier of premises or an operator of a carrier aggrieved by a decision of the designated officer to destroy, dispose of or treat plant material, beneficial organisms, soil or any plant or plant products being exported may appeal to the Minister. (2) When an appeal is filed, the Minister shall take reasonable steps to stay the intended action to destroy, dispose of or treat the plant or plant products being exported pending the determination of the appeal except where in the opinion of the Minister delay will create a significant risk to the environment in the country. (3) On receipt of the appeal, the Minister shall refer the complaint to the Complaints Settlement Committee established under section 24 (2) ( 4) Where the complainant is dissatisfied with the decision of the Minister, the complainant may seek remedy in court. Offences and penalties · Offences 28. (1) A person commits an offence if that person either personally or through an agent (a) imports or exports a plant or plant product or regulated article without an import permit and phytosanitary certificate; (b) assaults, resists, threatens or wilfully obstructs an authorised officer exercising powers under this Part; (c) wilfully fails to comply with an order made or direction given under this Act; ( d) wilfully fails to allow a search or inspection authorised under this Part; (e) knowingly or recklessly provides information which is false to obtain a permit or phytosanitary certificate under this Part; (/) alters, forges, defaces or destroys documents issued under this Act; 16 Plants and Fertilizer Act, 2010 Act 803 (g) imports a prohibited item, grows, possesses, sells, offers for sale, transports or distributes any plant, plant product or regulated articles knowing them to be imported into the country contrary to this Part; (h) imports any plant, plant product or regulated articles at a point of entry not specified by the Service; or (i) imports any plant, plant product or regulated articles contrary to any requirement prescribed under this Part. (2) A person who commits an offence under subsection (1) (e) may in addition to the conviction be subject to suspension or revocation of the permit by the Minister. Penalties 29. Where the offender under section 28 is (a) an importer, that person is liable on summary conviction for the first time, to a fine of not less than one hundred penalty units or to a term of imprisonment of not more than six months and on subsequent conviction to a fine of not less than two hundred penalty units or a term of imprisonment of not more than one year or to both, (b) an exporter, that person is liable on summary conviction for the first time to a fine of not less than one hundred penalty units or to a term of imprisonment of not more than six months and on subsequent conviction to a fine of not less than two hundred penalty units or a term of imprisonment of not more than one year or to both. (c) a person other than the importer or exporter, that person is liable on summary conviction for the first time to a fine of not less than one hundred penalty units or a term of imprisonment of not more than six months and on subse­ quent conviction to a fine of not less than two hundred penalty units or a term of imprisonment of not more than one year or to both. PART TWO-SEEDS Registration of seed importers and importers Purpose of Part Two 30. The purpose of this Part is to regulate and monitor the exportation, importation and commercial transaction in seeds and related matters. 17 Id. 803 Plants and Fertilizer Act, 2010 Registration of seed importers, exporters, growers and cleaners 31. (1) A person shall not import, export, produce, clean or sell an seed in comm�rcial quantities unless that person is registered. (2) An application for registration shall be made to the Minister. (3) The application shall be (a) in a form determined by the Minister, and (b) accompanied with a fee determined by the Minister in con­ sultation with the Minister responsible for Finance. Processing of application 32. (1) The Minister shall (a) acknowledge receipt of the application for registration, and (b) within a period of not more than thirty days after receipt of the application, inform the applicant in writing of the decision. (2) The Minister may refuse to grant an application where there are compelling reasons founded on technical or economic grounds, national security, public safety or other reasonable justification for doing so. (3) Where the Minister refuses to grant an application, the reason shall be communicated to the applicant within fourteen days after the decision. ( 4) A person whose application for registration is refused may apply to the Minister for a review of the decision and the Minister shall deter­ mine the review within fourteen days after receipt of the appplication. (5) A person aggrieved with a decision of the Minister may apply to court. Conditions of registration 33. Registration granted by the Minister under this Part is subject to the conditions specified in the certificate of registration. Non-transferability of registration 34. Registration is not transferable. Renewal of registration 35. (1) Registration is granted for a period of two years in each instance and may be renewed under terms specified by the Minister. (2) A person who desires to renew the registration shall submit an application for renewal to the Minister not later than three months before · the registration expires except that the Minister may at a request by the applicant extend the renewal deadline. 18 Plants and Fertilizer Act, 2010 Act 803 (3) The procedure for the renewal of the registration is the same as that for the grant of the original registration except that the fees for renewal shall be lower than that payable for an original registration. ( 4) A person who fails to renew the registration as required, or whose application for renewal is rejected by the Minister shall cease to deal in seeds. Power to suspend, cancel or modify registration 36. (1) The Minister may suspend, cancel or modify a registration if there is a good reason for the suspension, cancellation or modification. (2) The Minister shall not suspend, cancel or modify a registration unless the Minister has given the holder of the registration (a) at least thirty working days' written notice in the case of suspens10n, or (b) at least thirty working days' notice. (3) The notice shall state (a) that the Minister proposes to suspend, cancel or modify the registration, and (b) the reason for the suspension, cancellation or modification of the registration. ( 4) The notice shall be given (a) by publication in a manner that the Minister considers appropriate to bring the suspension, cancellation or modi­ fication to the attention of a person likely to be affected by the notice, and (b) by sending a copy of the notice to the affected person. (5) On receipt of the notice, the affected person may make a representation to the Minister within fourteen days. (6) The Minister shall consider a representation or objection made within fourteen days before the suspension, cancellation or modification of the registration is made. Seeds register 37. For the purpose of section 30, the Ministry shall keep a Seeds Register in which shall be recorded (a) seeds and crop varieties produced in this country or imported to the country; (b) the names, addresses, principal places of business and other particulars of entities registering as seed dealers; and 19 i'" Act 803 .... Plants and Fertilizer Act, 2010 (c) other information that the Minister on the advice of the Council considers relevant and necessary for seed production and marketing. Production and marketing of seeds Seed production and marketing 38. (1) Subject to subsection (2), a person who is registered to produce or market seeds of a particular class may only market or produce seeds of that class. (2) Subject to the Exports and Imports Act 1995, (Act 503) a person shall not produce, condition or market any seed unless ( a) the seed is of a registered variety; (b) it is of a standard prescribed by this Act or its Regulations; (c) it is multiplied in a seed multiplication farm, conditioned in a seed conditioning plant or tested in a registered labora­ tory; and (d) it is packaged and labelled as prescribed by this Act or its Regulations. Importation and exportation of seeds 39. (1) A person who intends to import seeds of any crop (a) for the purpose of seed production for experimental or research purposes, or (b) for direct and commercial distribution to farmers for production shall submit samples of the seeds to the Director for testing by an accredited research institution or entity. (2) The Director shall submit the report of the test to the Minister who shall approve or prohibit the importation of the seeds on the basis of the recommendations contained in the report. (3) On approval of the importation of the seeds, the Minister shall authorise the importer to produce the seeds for commercial production and distribution. (4) Seeds produced locally under subsection (1) may be exported. Sampling and testing 40. A designated officer of the Ministry or a person authorised or accredited by the Ministry shall sample and test seeds in accordance with the International Seed Testing Association rules. 20 I 1 Plants and Fertilizer Act, 2010 Act 803 Tagging and identification of locally produced seeds 41. Locally produced seeds shall be tagged as follows for the purposes of identification: (a) white for basic seeds; (b) blue for first generation certified seeds; and (c) red for second generation certified seeds and hybrid seeds. Labelling of seed packages 42. Seeds produced or marketed in this country shall be packed in containers which shall be securely closed and labelled with an approved label which states the (a) species; (b) variety name; (c) lot number and seed class; (d) minimum moisture content; (e) germination rate in percentage; (j) date of analysis; (g) purity percentage; (h) weight; (i) year of production; (J) name and address of the grower; (k) code of the analyst; (!) warning text or symbol where the seed is treated; and (m)variety registration. Variety registration 43. (1) The Ministry shall prepare an official list of varieties of seeds which can be registered and marketed in the country. (2) Without limiting the effect of subsection (1) a new variety shall (a) only be introduced into this country after approval has been obtained from the Ministry; (b) be entered in the national variety list when it conforms to distinctness, uniformity, stability and value for cultivation subject to Regulations on variety releases in this country; and (c) be registered as a result of regional agreements on variety release and registration. (3) An accredited public organisation shall conduct tests to establish distinctness, uniformity and suitability or value for cultivation 21 kt 803 Plants and Fertilizer Act, 2010 or use in accordance with the guidelines established by the National Tech­ nical and Variety Release Committee. ( 4) The requirements and procedures for variety testing, release anc\ registration of seeds shall be prescribed by Regulations. Quality control of seeds Seed quality control 44. (1) Seed species and varieties multiplied and certified under this Act shall be classified into (a) parental material, (b) pre-basic seed or breeder, (c) basic seed or foundation, and ( d) certified seed. (2) The Minister on the advice of the National Seed Council shall (a) by Regulation prescribe the denominations which shall be used for vegetative materials; and (b) establish which crops will be eligible for certification. (3) Seeds shall only be certified if they are subject to field inspection, sampling and laboratory testing by an accredited person authorised by the Plant Protection and Regulatory Services Directorate to verify com­ pliance with standards. ( 4) The Minister shall determine the requirements and procedures for accreditation on the advice of the National Seed Council. (5) Individuals, third parties, seed laboratories or seed entities shall be allowed to inspect fields, sample and test seeds and deal with the issuance of labels subject to Regulations made under this Act. (6) The Minister shall prescribe the requirements and standards for classes of seeds by Regulations on the advice of the National Seed Council and in accordance with regional or international agreements. (7) Certified seeds shall be packed in containers which shall be· securely closed and bear a certification label which states the (a) name of species; (b) variety of species; (c) lot number and seed class; (d) minimum moisture content; (e) minimum germination percentage; 22 Plants and Fertilizer Act, 2010 (I) minimum purity; (g) weight; (h) year and month of harvesting; (i) name of certification body; and Act 803 (J) warning test or symbol when the seeds are treated. (8) Certification labels shall be in accordance with the following standards: (a) white with diagonal violet stripes for parent materials and pre-basic seeds; (b) white for basic seeds; (c) blue for first generation certified seeds; and (d) red for second generation certified seeds and Fl hybrid seeds. (9) A person shall correctly label seeds produced, imported, advertised and marketed in this country that do not fall under the species for which certification is required. (10) Where a seed does not require certification, the seed shall only be subject to sampling and laboratory test compliance with the relevant information on the label. Seed inspection 45. (1) The Minister may designate a qualified person to act as an inspector to inspect, sample, test and analyse seeds and enforce the provi­ sions of this Act. (2) An inspector shall be given an identity card or a document as a proof of that person's designation and the identity card shall be pro­ duced on entering any place in the exercise of the inspector's powers under this Act. (3) A person, while holding the office of a seed inspector, shall not engage in any business connected with the production, processing, sale or importation of seeds or directly in any trade or business con­ nected with dealing in seeds. ( 4) For the purpose of inspection the inspector on production of an identity card may (a) enter any building, yard or warehouse; (b) enter premises, storage or transport facilities where there are reasonable grounds to believe that there are seeds to which this Act applies and a field used for the production of seeds for which certification is required; 23 Ad. 803 Plants and Fertilizer Act, 2010 (c) inspect seeds found in a place and take samples of the seeds for analysis; ( d) require a person to produce documents on seeds to which this Act applies for examination or to obtain copies or extracts of the documents; or (e) at any reasonable time, inspect and make copies of any records required to be kept in accordance with this Act. (5) An inspector shall take seeds or a sample of seeds and send them to an authorised or accredited laboratory for analysis or examina­ tion where necessary. (6) An inspector may stop the sale of any seed where the inspector has reasonable cause to believe that the seed does not meet the required standard. (7) Where a sale of seeds has been stopped by an inspector, the inspector shall immediately issue a notice to that effect to the owner of the seeds or the person selling the seeds. (8) A seed inspector may confiscate a seed where the seed does not meet the required standard. (9) Where proceedings have been instituted in respect of an offence, a seed or a seed package may be detained until proceedings are finally concluded. (l 0) Where a person is convicted of an offence in relation to seeds the seed which is the subject of the offence shall be confiscated to the State. (11) Seeds which are confiscated shall be disposed of in accor­ dance with the directives of the Minister. (12) An aggrieved person may lodge a complaint with the Ministry in case of misconduct by an inspector within fourteen days, including the misuse of the inspector's powers under subsections (4) and (6) of this section without a valid reason. Seed testing 46. (1) There shall be designated by the Minister on the advice of the Seed Council a seed laboratory as the official seed testing laboratory. (2) The official seed testing laboratory has responsibility to (a) ensure that seed testing is carried out in accordance with the International Seed Testing Association rules; 24 I Plants and Fertilizer Act, 2010 Ad 803 (b) obtain and maintain membership of the International Seed Testing Association to enhance seed import and export opportunities; (c) ensure quality assurance in the operation and maintenance of accredited laboratories within and outside the Ghana Seed Inspection Division; and ( d) establish the criteria, conditions and procedures for the imple­ mentation of the authorisation or accreditation of other public or private sector seed laboratories in the country. Pre-bask seed 47. (l) The Ministry shall ensure the existence of a pre-basic seed for the generation of G 1, G 2 or G 3 seed between parent material and a basic seed. (2) A pre-basic seed is produced directly by the maintainer of the variety or an authorised agent. National Seed Council Establishment of National Seed Council 48. There is established by this Act a National Seed Council. Functions of the Council 49. The functions of the Council are to (a) formulate policies for the development, production, inspec­ tion, sampling, analysis, conditioning and marketing of seed; (b) monitor the supply of seeds to ensure seed security in the country at all times; (c) develop procedures for the registration of cultivars; ( d) prescribe standards for seeds and procedures for the certifi­ cation of seeds; (e) publish annually in the Commercial and Industrial Bulletin, a list of varieties of crops for which seed marketing is permitted in the country; (I) recommend to the Minister fees for the certification and testing of seeds; (g) prescribe procedures for accreditation; (h) determine a class of non-certified seeds which may be used in case of acute seed shortages; and (i) perform other functions that are specified under this Act that are assigned by the Minister. 25 Act 803 .... Plants and Fertilizer Act, 2010 Composition of the Council 50. (I) The Council consists of (a) the Minister or the representative of the Minister who is the chairperson, (b) the Director-General of the Council for Scientific and Industrial Research or a representative of the Director­ General not below the rank of a Director, (c) the Director, Crop Services Directorate of the Ministry, (d) the Director, Plant Protection and Regulatory Services Directorate of the Ministry, (g) one representative of the Seed Growers Association of Ghana, (k) one representative of the national farmers association, and (l) one representative of the Biotechnology and Nuclear Agri­ cultural Research Institute; and (m)two other persons nominated by the President one of whom lS a woman. (2) The members of the Council shall be appointed by the Presi­ dent in accordance with article 70 of the Constitution. Tenure of office of members 51. (I) A member of the Council shall hold office for a period of not more than four years and is eligible for re:.appointment but a member shall not be appointed for more than two terms. (2) A member of the Council may at any time resign from office in writing addressed to the President through the Minister. (3) A member of the Council who is absent from three consecu­ tive meetings of the Council without sufficient cause ceases to be a member of the Council. (4) The President may by letter addressed to a member revoke the appointment of that member. (5) Where a member of the Council is for a sufficient reason unable to act as a member, the Minister shall determine whether the member's inability to act would result in the declaration of a vacancy. (6) Where there is a vacancy (a) under subsection (2) or (3) or section 53 (2); (b) as a result of a declaration under subsection (5), or (c) by reason of the death of a melJ!ber the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy. 26 i • Plants and Fertilizer Act, 2010 Act 803 Meetings of the Council 52. (1) The Council shall meet at least once every three months for the despatch of business at the times and places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one third of the membership of the Council convene an extraordinary meeting of the Council at a place and time determined by the chair­ person. (3) The quorum at a meeting of the Council shall be five members or a greater number determined by the Council in respect of an important matter. ( 4) The chairperson shall preside at meetings of the Council and in the absence of the chairperson, a member of the Council elected by the members present from among their number shall preside. (5) Matters before the Council shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Council may co-opt a person to attend a Council meeting but a co-opted person shall not vote on a matter for decision at the meeting. Disclosure of interest 53. (1) A member of the Council who has an interest in a matter for consideration (a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) shall not participate in the deliberations of the Council in respect of that matter. (2) A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and (a) fails to disclose that interest, or (b) participates in the deliberations of the matter . Committees of the Council 54. (1) The Council may establish committees consisting of members of the Council or non-members or both to perform a function except that a committee consisting entirely of non-members may only advise the Council. (2) Section 53 applies to members of the Committees of the Council and persons may be co-opted to serve on those Committees. 27 Ad. 803 .... ..... Plants and Fertilizer Act, 2010 Allowances 55. Members of the Council and members of a sub-committee of the Council shall be paid allowances approved by the Minister in consulta­ tion with the Minister responsible for Finance. Technical and Variety Release Committee 56. There is established the Technical and Variety Release Committee of the Council whose functions are to (a) advise the Council on (i) the procedures for the registration of cultivars; (ii) the prescribed standards for seeds and procedures for the certification of seeds; (iii) the publication annually in the Commercial and Industrial Bulletin of a list of varieties of crops grown in the country; and (iv) the fees for the certification and testing of seeds; (b) recomend for the approval of the Council, crop varieties to be released or withdrawn from the register as well as crop species to be included; (c) recommend varieties for withdrawal where the maintainer does not have that seed variety available or the seed does not represent its original variety; (d) create and update the National Variety Register; and (e) any other technical matters requested by the Council. Composition of the Technical and Variety Release Committee 57. The Technical and Variety Release Committee consists of; (a) the Director of the Directorate of Crop Services of the Ministry as the chairperson; (b) the Director of the Crops Research Institute; (c) the Director, Directorate of Agricultural Extension Services of the Ministry; ( d) the Head of the Ghana Seed Inspection Division of the Ministry; (e) the Director of the Savannah Agricultural Research Institute; (I) the Director of the Directorate of Women in Agricultural Development of the Ministry; (g) one representative of one of the Faculties of Agriculture in one of the universities in Ghana ndminated on a rotational basis for a term of three years at a time by the universities; 28 Plants and Fertilizer Act, 2010 Ad 803 (h) one representative from the private sector who is engaged in the seed industry; (i) the Executive Director of the Grains and Legumes Develop­ ment Board; (j) two representatives of farmers in the country; (k) the Director of the Plant Protection and Regulatory Service Directorate of the Ministry; (l) the Director of the Plant Genetics Resources Institute; (m)one representative of the Biotechnology and Nuclear Agricultural Research Institute; and (n) any other person related to seed activity recommended by the Council and approved by the Minister. Meetings of the Technical and Variety Release Committee 58. (1) The Committee shall meet as and when necessary for the despatch of business at the times and places determined by the chairperson. (2) The chairperson shall request for a meeting in writing of not less than one third of the Membership of the Committee at a place and time determined by the chairperson. (3) The quorum at a meeting of the Committee is five members or a greater number determined by the Council in respect of an important matter. (4) The chairperson shall preside at meetings of the Committee and in the absences of the chairpersdn, a member present from among their number shall preside. (5) Matters before the Committee shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Committee may co-opt a person to attend a Committee meeting but a co-opted person shall not vote on a matter for decision at the meeting. National Variety Release and Registration Committee 59. Without limiting section 54, there is established the National Variety Release and Registration Committee which consists of (a) the Director of the Directorate of Crop Services of the Ministry as the chairperson; (b) the Director of the Crops Research Institute; (c) the Director, Directorate of Agricultural Extension Services of the Ministry; 29 il ,'I Ad 803 Plants and Fertilizer Act, 2010 (d) the Head of the Ghana Seed Inspection Division of the Ministry; (e) the Director of the Savannah Agricultural Research Institute; (f) the Director of the Directorate of Women in Agricultural Development the Ministry; (g) one representative of one of the Faculties of Agriculture in one of the universities in Ghana nominated on a rotational basis for a term of three years at a time by the universities, (h) two representatives from the private sector who are engaged in the seed industry; (i) one representative of the Cocoa Research Institute of Ghana, (j) one representative of the Grains and Legumes Development Board; (k) three representatives of farmers in the country; (l) the Director, Forest Research Institute of Ghana; (m)one Plant Breeder each from the Crops Research Institute and Savannah; and (n) any other person related to the seed activity recommended by the Council. Functions of the National Variety Release and Registratioon Commit­ tee 60. The functions of the National Variety Released and Registration Committee are to (a) recommend for the approval of the Council, crop varieties to be released or withdrawn from the register, as well as crop species to be included; (b) recommend varieties for withdrawal where the maintainer does not have that seed variety available or the seed does not represent the original variety; and (c) create and update the national variety list. Secretariat 61. The Council shall have a Secretariat at the Ministry which shall provide secretariat services that the Council may require for the effective performance of its functions. 30 I Plants and Fertilizer Act, 2010 Act 803 Miscellaneous provisions Funds of the Council 62. The funds of the Council include (a) moneys provided by Parliament, (b) donations, grants and gifts that do not compromise the interest of the Council, and (c) any other moneys that are approved by the Minister respon­ sible for Finance. Accounts and audit 63. (1) The Council shall keep books of account and proper records in relation to them in the form approved by the Auditor-General. (2) The Council shall submit the accounts of the Council to the Auditor-General within three months after the end of the financial year. (3) The Auditor-General shall not later than three months after receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister. ( 4) The financial year of the Council shall be the same as the financial year of the Government. Annual and other reports 64. (l) The Council shall within one month after the receipt of the audit report submit an annual report to the Minister covering the activities and the operations of the Council for the year to which the report relates. (2) The annual report shall include the report of the Auditor­ General. (3) The Minister shall, within one month after the receipt of the annual report submit the report to Parliament with a statement that the Minister considers necessary. ( 4) The Council shall also submit to the Minister any other report which the Minister may require in writing. Offences 65. (1) A person commits an offence under this Act if that person (a) being the owner or a person entrusted with the custody of any seed lot (i) refuses to allow an inspector to take a sample of seeds from the lot which the inspector is authorised under this Act to take; 31 Act 803 Plants and Fertilizer Act, 2010 (ii) otherwise delays or obstructs an inspector in the performance of the inspector's functions; (iii) V1.ri1fully makes a false or misleading statement either verbally or in writing to an inspector while discharging duties under this Act; (b) fraudulently tampers with any seed sample that is taken o submitted for analysis; (c) publishes or distributes any false advertisement on seeds; ( d) without lawful authority, alters or defaces a certificate, recor label or other document, specified in this Act; (e) sells, offers or exposes for sale or distributes any seed with out an appropriate label; (I) imports restricted or prohibited seeds; or (g) imports, advertises or markets seeds without a label. (2) An inspector or seed analyst who without good reason fails t perform a function required to be performed under this Act or gives fals information in the performance of that function is liable to disciplina action by the Ministry in addition to any other penalty which that perso may be liable to under this Part. Penalties 66. (1) A person who commits an offence is liable on summary con viction to a fine of not less than two hundred penalty units or a term o imprisonment of not more than two years or to both. (2) A person whose seeds are confiscated shall pay for the cost o disposal, failing which that person commits an offence and is liable o summary conviction to the fine in subsection (1). (3) The Ministry may in the case of a persistent offender, orde in addition to penalties provided for under this section, the withdraw of any permit or certificate of registration issued to the offender unde this Act. PART THREE-FERTILIZER CONTROL Registration of fertilizer importers Purpose of Part Three 67. The purpose of Part Three is to provide for the control and re lation of fertilizers. 32 Planls and Fertili�er Act. :!()I() Act 803 Registration of importers, manufacturers and distributors 68. (1) A person shall not import, manufacture or distribute fertilizers in commercial quantities unless that person is registered. (2) An application for registration shall be made to the Minister. (3) The application shall be in a form determined by the Minister and be accompanied with a fee that the Minister on the advice of the National Fertilizer Council shall determine. Processing of application 69. (I) The Minister shall (a) acknowledge receipt of the application for registration, and (b) within a specified period of not more than sixty days after receipt of the application, inform the applicant in writing of the decision. (2) The Minister shall register the applicant when satisfied that the fertilizer in respect of which the application is made is suitable for this country. (3) The Minister may refuse to grant an application where there are compelling reasons founded on technical or economic grounds, national security, public safety or other reasonable justification for doing so. (4) Where the Minister refuses to grant an application, the reason shall be communicated to the applicant within fourteen days after the decision. (5) A person whose application for registration is refused may apply to the Minister for a review of the decision. Conditions of registration 70. Registration granted by the Minister under this Act shall be subject to the conditions specified in the registration. Non-transferability of registration 71. Registration granted is not transferable: Renewal of registration 72. (I) Registration is granted (a) in the case of manufacturers, for five years in the first in­ stance and is renewable for two years at any one time, (b) in the case of importers and distributors, for two years in· the first instance and may be renewed under terms specified by the M imster. 33 Act 803 Plants and Fertilizer Act, 20 J 0 (2) A person who desires to renew the registration shall submit an application for renewal to the Minister not later than three months before the registration expires except that Minister may extend the time for the renewal. (3) The procedure for the renewal of the registration is the same as that for the grant of the original registration except that the fees for renewal shall be lower than that payable for an original registration. ( 4) A person who fails to renew the registration as required, or whose application for renewal is rejected by the Minister shall cease to deal in fertilizers. Power to suspend, cancel or modify registration 73. (1) The Minister may by notice in writing suspend, cancel or modify a registration. (2) The Minister shall not suspend , cancel or modify a registration unless the Minister has given the holder of the registration (a) at least thirty working days' written notice in the case of suspension, or (b) at least sixty days' written notice in the case of cancellation or modification. (3) The notice shall state (a) that the Minister proposes to suspend, cancel or modify the registration, and (b) the reason for the suspension, cancellation or modification of the registration. (4) The notice shall be given (a) by publication in the Gazette or in a manner that the Minister considers appropriate to bring the suspension, cancellation or modification to the attention of a person likely to be affected by the notice, and (b) by sending a copy of the notice to the affected person. (5) On receipt of the notice, the affected person may make a representation to the Minister. (6) The Minister shall consider a representation or objection made to it before the suspension, cancellation or modification is made. Proprietary information 74. (1) The Ministry shall treat, as proprietary, any information supplied by an applicant for a certificate of registration. 34 . / Plants and Fertilizer Act, 2010 Ad: 803 (2) For the purposes of this section proprietary information includes (a) tonnage reports, (b) data from testing program for slowly released products, (c) analytical methods foI evaluating a slowly released product, and (d) other information considered exclusive to the applicant, Publication of information 75. The Ministry shall publish annually in a form that it considers appropriate (a) informat ion concerning the distribution of fertilizers in Ghana by tonnage in regions and districts, and (b) results of analyses based on official samples of fertilizers taken by inspectors as compared with the guarantee analy­ sis, Manufacturing and distribution of fertilizers Fertilizer Register 76. The Ministry shall keep a Fertilizer Register in which shall be recorded (a) types of fertilizer manufactured in this country or imported into this country; (b) the names, addresses, principal places of business and other particulars of entities registered as dealers in fertilizers; and (c) other information that the Minister on the advice of the Council considers relevant and necessary for fertilizer importation, manufacture or distribution, Fertilizer manufartming and distribution 77. (1) Subject to subsection (2), a person who is registered to manu­ facture or distribute a fertilizer of a particular type may only manufac­ ture or distribute a fertilizer of that type, (2) Subject to the Exports and Imports Act, 1995 (Act 503) a person shall not manufacture, condition or distribute any fertilizer unless (a) the fertilizer is registered; (b) it is of a standard prescribed by this Part or Regulations; (c) it is manufactured in a registered facility and tested in a registered laboratory; or 35 Aci: 803 Plants and Fertilizer Act, 2010 (d) it is packaged and labelled as prescribed by this Act or Regu­ lations. (3) A person registered under this Act shall inform the Division in writing of additional distribution points during the subsistence of the registration. Importation and exportation of a fertilizer 78. (1) A person who is not registered may import a fertilizer of any type for local use if at the time of importation of the fertilizer, that person makes a declaration in triplicate to the Commissioner-General or a person authorised by the Commissioner-General stating that (a) the fertilizer is for personal use; (b) the fertilizer is to be used for experimental purposes only; or (c) the disposal of the fertilizer is subject to the prior approval of the Minister. · (2) The Commissioner-General shall forward two copies of the declaration to the Minister. (3) A fertilizer manufactured locally may be exported. Packaging and labelling of a fertilizer Packages and labels 79. (1) The Minister may by legislative instrument prescribe the containers, labels and manner of packaging of fertilizers in the country. (2) The maximum permissible limits of heavy metals in a fertilizer shall be as determined by the Ministry and published in the Gazette. (3) A person who intends to distribute a fertilizer shall have affixed on the containers a label setting forth in clearly legible and conspicuous form the following information in the English language: (a) type (b) grade, where primary nutrients are claimed; (c) guaranteed analysis stating the percentage in terms of con tent of (i) ammoniacal nitrogen, (ii) nitrate nitrogen, (iii) water-insoluble nitrogen, (iv) urea nitrogen, (v) other recognised and determinable form of Nitrogen, (vi) available phosphate (P 2 O 5 ), 36 Plants and Fertilizer Act, 2010 (vii) soluble potassium (K,O), and (viii) other nutrients on elemental basis, (d) net weight, (e) sources of nutrients, and (I) name and address of the registrant. Aci 803 ( 4) If claims are made on the label other than nutrient guarantees, the Regulatory Division may require that the registered person provides (a) a testing programme conducted by an accredited research institution, and (b) a laboratory procedure acceptable to the Fertilizer Regula­ tory Division for evaluating these claims. (5) For packaged products, the information under subsection (3) shall either (a) appear on the front or back of the package, or (b) be printed on a tag and attached to the package. (6) For bulk products, the same information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery. Inspection and analyses Inspection 80. (1) The Ministry shall through the appropriate unit sample, inspect and analyse fertilizers distributed in the country to ensure that distributors of fertilizers comply with the provisions of this Act. (2) For purposes of subsection (1), the regulatory division may appoint inspectors to inspect the storage facilities, sales premises, labels of fertilizers and the licence of dealers. shall (3) An inspector may (a) at reasonable times enter any premises in order to have access to a fertilizer and fertilizer records to ensure compliance with the provisions of this Act, (b) confiscate a fertilizer wl::iich does not comply with the provi­ sions of this Act, and (c) produce an official identification if required to do so by the person in charge of the premises. ( 4) A person in charge of any premises where a fertilizer is distributed (a) give an inspector reasonable assistance to enable the inspector to perform requisite functions; and 37 Ad 803 Plants and Fertilizer Act, 20 i 0 (b) furnish the inspect:or with any infi:nma tion the inspector may reasonably require ,..,ith respect to the administration of this Act and Regulations made under this Act. (5) A person who sells, offers for sale or distributes (a) any fertilizer with plant nutrient deficiencies or without a licence; (b) a misbranded fertilizer; (c) an adulterated fertilizer ( d) a nutrient deficiency fertilizer; (e) a fertilizer containing heavy mei'als above the maximum per­ missible limit5; m (!) any other prohibited producl under this Act, commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units of to a term of imprisonment not exceeding two years or both. (6) In the case of a continuing offence the person convicted is liable to a further fine of ten penalty units for each day during which the offence continues. (7) A person who commits an offeHce under the Regulations is liable on summary conviction to a fine of not more than five thousand penalty units. Methods of inspection, sampling and analysis 81. (1) The methods of inspection, sampling, sample preparation and analysis shall be in accordance with the Ghana Fertilizer Inspection Manual and the Ghana Fertilizer Analytical Manual and in a case not covered by these Manuals, the Minister may adopt an appropriate method from other sources. (2) An official analysis will be performed on official samples by a laboratory authorised by the Minister. (3) The Regulatory Division, in determining for administrative purposes whether any fertilizer contains less plant nutrients than stated on the label, shall be guided solely by the official sample taken under subsection (2). ( 4) The results of official analyses of fertilizers and portions of official samples shall be distributed by the Regulatory Division to appro­ priate persons, where necessary. 38 I or )Il a r Jt Jt e e s :! i l t ! Plants and Fertilizer Act, 2010 Ad 803 (5) Official samples detennined to be deficient in plant nutrients shall be retained for a minimum of one hundred and eighty days after the issue of the deficiency report. (6) On the analysis of an official sample of a fertilizer, the Divi­ sion shall issue to the applicant witbin sixty days after the date the offi­ cial samples were taken, ZL 1cp01t showing the results of the samples that were found to be deficient. Plant nutrient deficiency 82. (1) If the analysis shows that a fertilizer is deficient because of non-unifonnity or because one or more of its guaranteed plant nutrients is beyond the investigatiorn.l allowances or if the actual nutrient of the fertilizer is below the established level determined by the Ministry, the value of the deficiencies shall be assessed by utilizing the penalty system determined by the Ministry as provided for by Regulations. (2) The plant nutrienr value will be calculated on the basis of the price documented in the inspection report for the inspected lot. (3) The distributor shall pay a penalty assessed under this section to the concerned consumer within two months after the date of notice from the division to the registrant (4) If the consumri caunor be found, the amount paid shall be deposited i..n the Fund. (5) A person may appeal to a court of competent jurisdiction in respect of penalty payments within fourteen days after the date of impo­ sition. Inspection fees 83. (1) A person shall pay a one-off inspection fee per tonne as deter­ mined by the Minister for every tonne of fertilizer the person distributes in the country" (2) A person who distributes a fertilizer in Ghana shall submit on forms provided by the Ministry a quarterly statement for the reporting period, setting forth the number of tonnes of fertilizers the person distributes during this period. (3) The repor1 shall be due on or before ,wenty days following the close of the filing period. ( 4) On filing of the statement the disttibutor shall pay the inspection fee. (5) If the tonnage report is not filed and the payment of the inspec­ tion fees is not made within thirty days after the due date, a collection fee amounting to ten percent and in any case not less than five penalty units 39 Ad. 803 Plants and Fertilizer Act, 2010 where the amount due is not less than six hundred Ghana cedis shall be assessed against the distributor and added to the amount due. (6) Where more than one person is involved in the distribution of a fertilizer, the last person who has the fertilizer and is registered and who distributed to a registered distributor or a consumer is responsible for reporting the tonnage and paying the inspection fee, unless the report and payment are made by a prior distributor of the fertilizer. (7) Where a fertilizer producer in the country exports part or all of its products, the export is not subject to the inspection fee. (8) Where a fertilizer importer in the country exports part or all of its import, the portion exported is not subject to inspection fees. (9) Any raw materials imported into Ghana to produce a finished fertilizer shall not be subject to inspection fees, except that the finished fertilizer produced from the imported raw materials is subject to inspec­ tion fees. (10) Inspection fees collected shall be used for the payment of the costs of inspection, sampling, analysis and other expenses necessary for the administration and enforcement of this Act and Regulations made under this Part. Stop sale order 84. (1) Where an inspector finds a fertilizer lot being offered for sale contrary to this Part, the inspector shall immediately issue and enforce a written or printed "stop-sale, use or removal" order to the owner or cus­ todian of that fertilizer and hold the fertilizer at a designated place and may affix to the lot or container a warning tag that states the lotis held. (2) Any lot of fertilizers for which a "stop sale, use or removal" order or notice is issued shall be held by the person having control of the fertilizer and shall not be distributed or moved except under the specific directions of the Regulatory Division pending a final disposition. (3) Subsection (2) does not prevent a person having control of the fertilizer from inspecting the fertilizer seized, nor from taking from the fertilizer lot in the presence of a person designated by the Division, a representative sample for evidence. ( 4) On demand of the person having control of the seized fertilizer, at or prior to the time of the sampling by the inspector, the sample that is taken shall be divided into two approximately equal parts, one part of which shall be sealed and given to the person in control of the product and the other part of which shall be kept for analysis by the inspector. 40 \ Plants and Fertilizer Act, 2010 Act 803 (5) If the analysis of the seized and held lot, as determined by an analyst, is not in violation of the provisions of this Part or Regulations made under this Part, the inspector shall immediately release the seiZFd and held lot and remove the hold order or tag. (6) If the seized and held lot is found to be in violation of this Part, the inspector shall (a) continue to hold the lot until the requirements of this Part have been complied with, after which the lot shall be released; or (b) issue orders for the disposal of the lot in a manner specified by the Ministry. (7) A person who has control of seized fertilizer may appeal to the Regulatory Division in writing against the results of the analysis within fifteen days after receiving the results of the analyst. (8) On receipt of the appeal, the Regulatory Division shall submit another sample of the fertilizer for analysis at one of the Regulatory Division's designated laboratory chosen by the appellant. (9) The cost of sampling and analysis shall be borne by the appellant. (10) The results of the analysis shall be submitted to the Regulatory Division within sixty days after receipt of the sample and the Regulatory Division shall within seventy-two hours notify the appellant of the acceptance or rejection of the appeal. Certificate of analysis 85. (1) On the analysis of an official sample of fertilizer, the Regula­ tory Division shall issue to the applicant within thirty days after the date the official samples were first taken, a laboratory analysis report showing the results of samples that were taken and a certificate of analysis. (2) In court proceedings under this Act, the production of a certificate signed by an analyst appointed by the Regulatory Division that states the results of any analyses is prima facie evidence that the official sample was (a) taken from the lot that is described in the inspection report; · (b) taken according to the methods described; and (c) analysed by the methods precribed. Inspection Fund Establishment of the Fund 86, (!) There is established by this Act a Fund to be known as the Inspection Fund. 41 Aci 803 Plants and Fertilizer Act, 2010 (2) The sources of money for the Fund are ( a) inspection fees; (b) fees charged for the performance of the functions of the Regulatory Division; (c) donations and gifts; (d) moneys provided by Parliament; and (e) any other moneys that are approved by the Minister respon­ sible for Finance. Objects the Fund 87. Moneys of the Fund shall be used for (a) financing the activities of the Regulatory Division; (b) research, studies and investigations relating to the functions of the Regulatory Division; and (c) any other purpose determined by the Regulatory Division in consultation with the Minister. Management of the Fund 88. (l) The Fund shall be administered by the Regulatory Division and a representative of the Controller and Accountant-General. (2) The moneys in the Fund shall be paid into a bank account opened by the Regulatory Division with the approval of the Controller and Accountant-General. (3) Payments issued from the Fund shall be signed by two members of the Regulatory Division and the representative of the Controller and Accountant-General. Miscellaneous provisions Mislabelling 89. (1) A person shall not distribute or offer for sale a misbranded fertilizer. (2) A fertilizer is mislabelled if (a) its label is false or misleading in any manner; (b) it is distributed or of f ered for sale under the name of another fertilizer product; (c) it is not labelled as prescribed by this Part and Regulations made under this Part; or (d) it falsely purports to be or is represented as a plant nutrient or fertilizer. 42 Plants and Fertilize• Act, 2010 .l\.ct 803 Adulteration 90. (I) A person shall not distribute an adulterated fertilizer product (2) A fertilizer is adulterated if (a) it contains any deleterious or harmful substance m suffi-­ cient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soi! or wattr v,hen applied in accordance with directions for use on the lJ.bel, or 1f ad-­ equate warning statements or dnectioas for mt which may be necessary to protect plant life, animals, humans, aquatic life, soil or water are not shown on the labtl; (b) its composition falls belbw or differs from that ,vl;ich it is pmported to possess by its label; rn (c) it contains unwanted o·op seed, weed seed o, eJ-ctrnneous material. Short weight 91. (1) A person shall not sell any fertilizer in a package where the fertilizer is short in weight by more than one percent of the v.·ei6ht indi­ cated on the package. (2) A person who contravenes subsection (1) commits a1J ofience and is liable in the case of a first contravention within a three year period to suspension of the licence for ninety days and for a subseq n-�nt viola-­ ti.on within the three year period to a permanent cancellation of the licence. Harmful substances 92. (1) Where the ingredients of a fertilizer used on specific crops or in specific applications are considered harmful to the growth of the plant, the maximum content of the potentially harmful ingredients shall be stated on the label as follows: (a) where urea is labelled to be used as a foliar spray or to fertilize citrus crops, the biuret content shall be limited to 1.5%; (b) where a fertilizer is labelled to be used on crops that are extremely sensitive to chloride, the fertilizer shall have a maximum of 2.5% chlorine; and (c) a warning or caution statement shall be included on the label for any product that contains micronutrients when there is evidence that these micronutrients in excess of a particular percentage may be hamlfu.l (i) to certain crops, grazing animals, or (ii) where there are unusual environmental conditions. 43 Ad 803 Plants and Fertilizer Act, 2010 (2) Where the content of harmful ingredients exceeds the maxi­ mum guarantee stated on the label, the fertilizer shall be classified as adul­ terated. Plant nutrient guarantees 93. (1) Plant nutrients in addition to nitrogen, phosphorus, and potassium where mentioned in any form or manner on the label shall be guaranteed. (2) Guarantees shall be made on the elemental basis and sources of the elements guaranteed and proof of availability shall be provided to the Fertilizer Regulatory Administrator on request. (3) The minimum percentage that may be guaranteed is as follows Element Calcium (Ca) Magnesium (Mg) Sulfur (S) Boron (B) Chlorine (CI) Cobalt (Co) Copper (Cu) Iron (Fe) Manganese (Mn) Molybdenum (Mo) Sodium (Na) Zinc (Zn) Percent 1.0000 0.5000 1.0000 0.0200 0.1000 0.0005 0.0500 0.1000 0.0500 0.0005 0.1000 0.0500 ( 4) Guarantees or claims for the plant nutrients under subsection (2) in addition to nitrogen, phosphorus, potassium or any other nutrient approved by the Regulatory Division are the only ones that are acceptable. (5) Where any of the elements listed in subsection (2) is guaran­ teed, the holder of the registration shall on request, provide the Fertilizer Regulatory Administrator with a copy of the label and directions for the use of the fertilizer. (6) Any of the elements listed in subsection (2) that are guaranteed shall appear in the order listed and shall immediately follow guarantees for the primary nutrients of nitrogen, phosphorus, and potassium if present. Slowly released plant nutrients 94. (1) A fertilizer label shall not bear a statement that connotes or implies that certain plant nutrients contained in the fertilizer are released 44 l 1 i e s ) s Plants and Fertilizer Act, 2010 803 slowly over a period of time, unless the nutrients are identified and guaranteed in the label or accompanying instructions or directions. (2) The term "slow release" shall be used to describe fertilizer products that release or convert to a plant-available form their plant nutrients at a slower rate relative to a "reference soluble" product. (3) Slow-release products include products coated or occluded, to control the release of soluble nutrients through coating or occlusion of the soluble nutrient compounds. (4) Water-insoluble or slowly available water-soluble slow release products include (a} sulphur-coated urea, polymer-coated urea, and other encap­ sulated soluble fertilizers; (b) products in which fertilizers are mixed with waxes, resins, or other inert materials and formed into particles; and (c) ureaform-formaldehyde P{Oducts. (5) Water-insoluble products include organic tertll1ze1·s, ureaform materials, insobutylidene diurea, and oxamide. (6) Slowly available water-soluble uu,,-.,., include methy lenediurea, di:rnethy!enetriurea, and dicyanodiarnide. (7) The term "stabilized" is used to describe fertilizer products that have been modified with an additive that reduces the rate of transforma­ tion of fertilizer compounds, resulting in extended time of availability in the soil. (8) Stabilizing modifiers include nitrification inhibitors, nitrogen stabilizers, or urea inhibitors. (9) The registration holder shall provide the Fertilizer Regulatory Administrator with a testing programme that substantiates the claims of "slow release" or "stabilizing" characteristics made on the label. (10) The testing programme shall be conducted by an accredited research institution accepted by the Fertilizer Regulatory Division. (11) A laboratory procedure acceptable to the Fertilizer Regula­ tory Division for evaluating the release characteristics of the product shall be provided by the person registered. National Fertilizer Council Establishment of the Council 95. There is established by this Act a National Fertilizer Council. 45 Ad. 803 Plants and Fertilizer Act, 2010 The functions of the Council 96. The functions of the Council are to (a) advise the Minister on policies for development of fertilizer manufacture, inspection, sampling, analysis and marketing; (b) monitor the supply of fertilizers to ensure fertilizer security in the country; (c) develop procedures for the registration of fertilizers; ( d) prescribe standards for fertilizers and procedures for their registration; (e) recommend to the Minister for publication annually in the commercial and industrial Bulletin, a list of fertilizer types for which marketing is permitted; (/) recommend to the Minister fees for the registration and testing; (g) recommend to the Minister procedures for accreditation; and (h) perform other functions that are specified under this Act and that are assigned by the Minister. Composition of the Council 97. (I) The Council consists of (a) the Minister or the representative of the Minister who shall be the chairperson; (b) the Director, Plant Protection and Regulatory Services Directorate of the Ministry; (c) the Director, Directorate of Crop Services of the Ministry; (d) the Director-General of the Council for Scientific and In­ dustrial Research or the representative not below the rank of director; (e) one representative of fertilizer manufacturers and importers; (/) one representative of the National Farmers' Association; (g) the Executive Director, Environmental Protection Agency or the representative not below the rank of director. (2) The members of the Council shall be appointed by President in accordance with article 70 of the Constitution. Tenure of office of members 98. (1) A member of the Council shall hold office for a period of not more than four years and is eligible for re-appointment but a member shall not be appointed for more than two terms. (2) A member of the Council may at any time resign from office in writing addressed to the President through the Minister. 46 I I I Plants and Fertilizer Aci, 2010 Act 803 (3) A member of the Council other than the chairperson who is absent from three consecutive meetings of the Council without sufficient cause ceases to be a member of the Council. (4) The President may by letter addressed to a member revoke the appointment of that member. (5) ,JVhere a member of the Council is for sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy. (6) Where there is a vacancy (a) under subsection (2) or (3) or 100 (2), (b) as a result of a declaration under subsection (5), or (c) by reason of the death of a member the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy, Meetings of the Council 99. (1) The Council shall meet at least once every three months for the despatch of business at the times and places determined by the chair­ person . (2) The chairperson shall at the request in writing of not less than one third of the membership of the Council convene an extraordinary meeting of the Council at a place and time determined by the chair­ person. (3) The quorum at ;J, meeting of the Council is five members of the Council or a greater number determined by the Council in respect of an important matter. ( 4) The chairperson shall preside at meetings of the Council and in the absence of the chairperson, a member of the Council elected by the members present from among their number shall preside. (5) Matters before the Council shall be decided by a majority of the members present and voti.ng and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Council may co-opt a person to attend a Council meeting but that person shall not vote on a matter for decision at the meeting, Disclosure of interest 100. (1) A member of the Council who has an interest in a matter for consideration {a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and 47 Plants and Fertilizer Act. 2010 (b) shall not participate in the deliberations of the Council in respect of that matter. (2) A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and (a) fails to disclose that interest, or (b) participates in the deliberations of the matter. Establishment IOL (1) The Council may establish committees consisting of members of the Council or non-members or both to perform a function except that a committee consisting entirely of non-members may only advise the Council. (2) Section 100 applies to members of the Sub-Committees. Allowances l\1embers of the Council and members of a committee of the Council as well as co-opted members shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance. The Ghana Fertilizer Advisory Committee Ghana Fertilizer Advisory Committee 103. (1) Without limiting section 101, there is established under this Act the Ghana Fertilizer Advisory Committee which shall be a committee of the Council. (2) The Committee shall advise and make recommendations on all matters including (a) inspection and enforcement of the provisions of this Act; (b) the annua l budget; (c) necessary fees to provide adequate inspection services in respect of fertilizers; and (d) Regulations required to accomplish the objective of this Act. (3) The Ghana Fertilizer Advisory Committee consists of (a) the Director of the Plant Protection and Regulatory Services Directorate who will serve as chairperson of the Committee; (b) the Director of the Directorate of Crop Services; (c) a representative of the Council for Scientific and Industrial Research; ( d) two representatives from the fert ilizer private sector or private sector association; 48 \'} n'" i I"'* * I I I 11 ,Jli,;: I ' I I 1t I I I �; I � ' if l :; ";'.i ,.,,, 94" '1 Plants and Fertilizer Act, 2010 Ad 803 (e) a representative of the organisation under which the selected analytical laboratory resides; (j) a representative of the Environmental Protection Agency; (g) a representative of the universities in Ghana; (h) a representative of the Attorney-General and Minister for Justice; (i) a representative from Ghana National Association of Farmers and Fishermen; and {j) the Fertilizer Regulatory Administrator of the Division who will serve as secretary of the Committee. Meetings of the Committee 104. (1) The Committee shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one-third of the membership of the Committee convene an extraordinary meeting of the Committee at the place and time determined by the chair­ person. (3) The quorum at a meeting of the Committee is six members or a greater number determined by the Board in respect of an important matter. ( 4) The chairperson shall preside at meetings of the Committee and in the absence of the chairperson, a member of the Committee elected by the members present from among their number shall preside. (5) Matters before the Committee shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Committee may co-opt a person to attend a Committee meeting but that person shall not vote on a matter for decision at the meeting. Disclosure of interest 105. (1) A member of the Council who has an interest in a matter for consideration (a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) shall not participate in the deliberations of the Council in respect of that matter. 49 Act 803 �-�- - . Plants and Fertilizer Act, 2010 (2) A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and (a) fails to disclose that interest, or (b) participates in the deliberations of the matter. Establishment of Pesticide and Fertilizer Regulatory Division 106. (1) There is established by this Act a Pesticide and Fertilizer Regu­ latory Division. (2) The Pesticide and Fertilizer Regulatory Division shall operate under the Plant Protection and Regulatory Services Directorate of the Ministry. Functions of the Pesticide and Fertilizer Regulatory Division 107. (1) The Division shall (a) advise the Minister on matters relating to the implementation of this Part of the Act and Regulations made under this Act; (b) be responsible for the implementation of this part of the Act; (c) sample, inspect, analyse and test fertilizers distributed in the country and prepare appropriate manuals and reports in respect of these; (d) impose the charges that it considers necessary for services rendered by the Division; and (e) perform any other functions that are ancillary to the objects of the Pesticide and Fertilizer Regulatory Division under this Act. (2) The Pesticide and Fertilizer Regulatory Division shall advise the Minister to designate anylytical laboratories which shall be respon­ sible for (a) receiving and documenting receipt of official fertilizer samples from the inspection services; (b) preparing and analysing official samples; and (c) reporting results of analysis to the Administrative Service Division. Pesticides and Fertilizer Regulatory Administrator 108. The Pesticide and Fertilizer Regulatory Administrator shall be responsible for the day-to-day administration of the affairs of the Division. 50 Plants and Fertilizer Act, 2010 Units of the Division 109. (1) The Division shall have the following Units: (a) Administrative Service Unit, and (b) Inspection Service Unit. Pd. 803 (2) The Administrative Service Unit is responsible for adminis trative activities and financial matters, including (a) licencing of fertilizer producers, importers, and dealers; (b) deficiency reports and penalty payments; (c) collection of inspection fees; (d) suspension and cancellation oflicences; and (e) budget. (3) The Inspection Service Unit is responsible for (a) inspecting fertilizers and fertilizer records; (b) sampling of fertilizers; and (c) performing other enforcement matters as stated in this Act and Regulations made under the Act. (4) The Minister shall designate analytical laboratories which shall be responsible for (a) receiving and documenting receipt of official fertilizer samples from the Inspection Service; (b) preparing and analyzing official samples; and (c) reporting results of analysis to the Administrative Service Division. Staff of a Unit 110. (1) A Unit shall have officers necessary for the effective perfor­ mance of its functions. (2) The President shall in accordance with article 195 of the Con­ stitution appoint the staff of the Unit. Co-operation with other bodies 111. The Unit shall co-operate with and enter into agreements with other agencies in the performance of functions under this Act. Accounts and audit 112. (1) The Division shall keep books of account and proper records in relation to them in the form approved by the Auditor-General. (2) The Division shall submit the accounts of the Division to the Auditor-General for audit within three months after the end of the financial year. 51 Ad 803 Plants and Fertilizer Act, 2010 (3) The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister. ( 4) The financial year of the Division shall be the same as the financial year of the Government. Annual report and other reports 113. (1) The Division shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Division for the year to which the report relates. (2) The annual report shall include the report of the Auditor General. (3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Division shall also submit to the Minister any other reports which the Minister may require in writing. Offences 114. (1) A person who sells, offers for sale or distributes (a) any fertilizer with plant nutrient deficiencies or without a licence; (b) a misbranded fertilizer; (c) an adulterated fertilizer; (d) a fertilizer containing heavy metals above the maximum permissible limits; or (e) any other prohibited product under this Act, commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or to a term of imprisonment not exceeding two years or to both. (2) In the case of a continuing offence the person convicted is liable to a further fine of ten penalty units for each day during which the offence continues. (3) A person who commits an offence under the Regulations is liable on summary conviction to a fine of not more than five thousand penalty uni ts. 52 Plants and Fertilizer Act, 2010 Aci: 803 PART FOUR-PLANTS AND FERTILIZER FUND Plants and Fertilizer Fund 115. There is established by this Act a Fund to be known as Plants and Fertilizer Fund. Objects of the Fund 116. The objects of the Fund are to provide financial resources: (a) to meet the cost of emergency, phytosanitory situations, in­ cluding compensation in cases of destruction of plants, plant products or regulated articles in pursuance of this Act; (b) for effective management of the seed industry including a national seed security stock; (c) for research and investigations relating to fertilizers; and (d) for any other purpose determined by the Minister in consul­ tation with the Director. Sources of the Fund 117. The sources of money for the fund are: (a) moneys approved by Parliament; (b) fees charged under this Act; (c) donations, grants and gifts; and (d) any other moneys that are recommended by the Minister and Ministry of Finance and approved by Parliament. Management of the Fund 118. The Fund shall be administered by a seven member committee compnsmg: (a) the Minister who shall be the chairperson; and (b) two members each nomited from the Plants, Seeds and Fer­ tilizer Councils. Bank Account for the Fund 119. Moneys received on behalf of the Council for the Fund shall be deposited in an account to the credit of the Council in a bank approved by the Minister responsible for Finance. Accounts and Audit 120. (1) The Council shall keep books of accounts and proper records in relation to them in the form approved by the Auditor-General. (2) The Council shall submit its accounts to the Auditor-General for audit within three months after the end of each financial year. 53 I ! ,!! Pd. 803 Plants and Fertilizer Act, 2010 (3) The Auditor-General shall, not later than tl:1ree months after the receipt of the account, audit the 2,ccount and forward a copy of the audit report to the Minister. (4) The financial yur of the ,::ouncil shall be the same as the financial year of the Government. Annual and other reports 121. (1) TI1e Council shall wi!hin a montb. after the receipt of the audited accounts mbmit an annual repcirt to thf' N[inister covering the activities and operations of the Cmrncil for thf ye�r 1:0 which the report relates (2) The annual rcpmt sh:i1J indndcc tbe audited accounts of the Auditor-General. (3) The Minister sba 11, will1i,1 o- month after ihe receipt of the annual report together wi,11 rht Auditor General's report, submit the report to Parliament witlo a statcn,cr1t that the Minister considers necessary ( 4) The Council shall :i.lso submit to the J\1inister any report which the Minister and the Comr.nttee of Parliament responsible for Agricul­ ture may require in writing PART FrYE---M::ISCF:LLANiiOUS MATTERS Power of Mhtlster to assign function 122. The Minister may assign any function under this Act to a Director or other qualified government official where appropriate Regulations 123. (1) The Mimster may by legislatis.e instrument make Regula­ tions to prescribe (a) in Part One for (i) the circumsunces 11nder which plants and plant materials must or need not be accompanied with an import permit or a phytosanitary certificate; (ii) the circumstances under which plant materials and reguiati:d pests are not to be imported into the country from certain locations; (iii) the fees and charges for any permit or certificate issued under this Part; (iv) restrictions ou the iniToduction into the country of any plant, plant material, organisms, soil, 54 Plants and Fertilizer Act, 2010 Ad 803 paclru1g material ox 01-htT items likely to introduce any plant pest into the country; (v) the prn-:edures to be adopted for the inspection and treatment of imported items and their entry into the country for the purpose of preventing or contruiling p!:mt pests; (vi) the procedures for ir1spection of plants, plant material, soil, packing material or other items for export; (vii) the manner in '.'lhich designa;:ed officers carry out the destruction, removal, uprooting or treatment of plams, plant rruterial or other items within an area or location declaru.! as under quarantine; (viii) the procedures for the exercise of the designated officer's powers un,jer this Act; (fa) which pest, are to be considered regulated pests for the counti:y; (x) the requirements for the control and care of plants, plant materials or other items maintained in plant quaran611e stations; a::c1d (xi) additicmal measures to be taken for the pmpose of proteciing the country against the i.i,troduction and spread ,.if plant pesN; (b) in Part Two for (i) the requirements and procedures for variety testing, release' and rt>r,istration of seeds; (ii) the standards for the various classes of seeds and crops which are eligible for certification; (iii) the conditions and tbe procedures under which and the manner i11 which :wed crops may be inspected or seeds may be graded or tested; (iv) the minimum standards of purity, germination, re-testing, quality and .disease of seeds; (v) the conditions for 5ampling and testin.g of seeds; (vi) the fee tci be charged for :my services provided under this Part of the Act; ( vii) the criceria and methodology for authorisation or accreditation to individuals, third parties, seed 55 .I Act 803 Plants and Fertilizer Act, 2010 laboratories and seed dealers to conduct field inspection, seed sampling, seed testing and labeµing; (viii) the marking, packaging of seeds and labelling of packages; (ix) the certification of seeds and conditions to be complied with before seeds of any kind or variety may be certified or approved; (x) in respect of the limits, restrictions and conditions for the importation of any particular variety or class of seeds; (xi) the classification of the species of plants of the seeds which are considered weed seeds or noxious weed seeds in relation to seed classes under this part of the Act; (xii) the establishment of the procedures for utilisation, access and budget-se�ing for the Seed Fund; (xiii) the establishment of the procedures for crop variety release and registration; and (xiv)other matters that are necessary to give effect to the provisions ·of this Act; (c) in Part Three for (i) the fees and penalties to be paid under this Act; (ii) the conditions for inspection, sampling and analysis of a fertilizer; (iii) labelling requirements; (iv) a fertilizer containing heavy metals above the maximum permissible heavy metals limits in a fertilizer; (v) change in the membership of the Regulatory Division; (vi) environmental and public health issues; (vii) plant nutrient guarantees; (viii) publication of deficiency reports and annual fertilizer tonnage reports; and (ix) any other matters necessary for the effective implementation of this Act. 56 Plants and Fertilizer Act, 2010 Act 803 Interpretation 124. In this Act, unless the context otherwise requires, (a) in Part One ·"appropriate treatment" means the authorised procedure for the killing, removal and rendering infertile of pest; "area of low pest prevalence" means an area within a country or parts of several countries to be areas identified by com­ petent authorities in which specific pest occurs at low levels and which is subject to effective surveillance, control or eradi­ cation measure; "beneficial organism" includes fungi, nematodes, bacteria, viruses, virus-like organisms, microplasma, microplasma­ like organisms, and invertebrate or other organisms declared by the Minister in writing to be beneficial to the flora or agricultural production in the country; "conduct" includes carrying out advocacy and regulation; "Council" means the Plant Protection Advisory Council established under section I 7 of this Act; "container" means a box,· bag or other receptacle in which plants, plant materials, plant pests, beneficial organisms or soil or other items are kept or carried; "containment" means the application of phytosanitary measures in and around an infested area to prevent the spread of a pest; "conveyance" means a vessel, aircraft, train, vehicle, cart, con- '­ tainer, animal or other thing which can convey plant materials, plant pests, beneficial organisms or soil from one place to another;. "court" means a court of competent jurisdiction; "designated officer" means a Director or qualified government official assigned a function inder this· Act; "Director" means the Director of the Plant Protection and Regulatory Services Directorate; "Directorate" means the Plant Protection Regulatory Service Directorate of the Ministry; "Division" means the Plant Quarantine Services Division; "eradication" means application of phytosanitary measures to eliminate a pest from an area; 57 Ad 803 Plants and Fertilizer Act, 2010 "exporter" includes a person who sends plant or plant material outside the country, the shipper of the goods and any person who performs similar functions in the case of an aircraft; "exporting country" means the country from which plant or plant products are sent to another country; "government agency" means a body set up in the public interest with or without an Act of Parliament; "import permit" means the permit given to a person by the appropriate authority to bring a plant or plant material into the country; "importer" means a person in possession of or in any way entitled to the custody of any plant, plant material, plant pest, beneficial organism, soil, or packing material landed or likely to be landed in the country from another country; "import contracting party" means the person who brings plants or plant materials into the country; "international traffic" means plants and plant products involved in international trade; "maintainer" means a person or an institution that is respon­ sible for keeping a released variety true to its original description for producing; "packing material" means any material used to pack, contain or keep plants, plant material, beneficial organisms, soil or plant pests; "pest free area" means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which this condition is bei r1g officially controlled where appropriate; "pest risk analysis" is the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it; "phytosanitary action" means an official operation, such as inspection, testing, surveillance or treatment, undertaken to implement phytosanitary measures; "phytosanitary certificate" means a certificate following the pattern of the model certificate of the International Plant Protection Convention and covers only one consignment; "place" means a location where plant materials may be 58 confi:ned or vat1on, testrng "plant materi, 1 origm graD1 arnl nature or mat ofi,,. 1:-:·uc,·::::,it,g plant pesri,; "plant pesf' rnea:n s ;rD.y :-.i:,-:.::1.c:,; or path;:•gf'n,.,, to plants or plant 1·-n2d:eri8.l:�) "plant quaran--,ne Sl, l;,,al ,,u-1n•. by the Niinis-ter ;Jt.: an ?lJf:a vv31 rial is g1'0YVft o=c 5.creeT1ed f':"r environment if ''''·l", '"', "plant" means a including vegetable:,, bulbs, ; O( ,, a1,,1 1'premises 1i inclu/Jes hou.s.e, i:lti;;b,: boat, aircrn fr 01 dU-:J ·;,,I:c·i ,,., "prohibited item" Illc''lil', ,111" pest that the I,1i,:i,.tc:I n;2y 1 country; "public servant!)- rn e::t:ns ;� Fund or dixectly ortt "quarantine pesr" m.•,·,v a importance Jnd ""'"''"'. the couniry or ,·,I::,::cl b,11 ing officially cc,.-,1 rni!Prl; ''prescribed. ii rnean}\. Act; "regulated article'· ;;·1t,rns place, packagi11;;, .:, ,,·r,·i'\'J:1c,. "�"·.:·., , ganisn1 1 object GI rn2rerial ca,,,;· .. ,. pests, conside:red tu :ceq1��irc ticularly wh,:re 1,f,·c:,1:,1,·: .. ::1,:,l "regulated non-qu,;rc,JlT.; ,.1,c whose presence plants fr,r , 1. ··,, , , econorrnc impact within the ten:i ,,:,, "regulated pest" mc'1 quarantine pest; 59 L Aci: 803 Plants and Fertilizer Act, 2010 "Service" means the Plant Protection and Regulatory Services Directorate; "soil" means the loose surface material of the earth in which plants grow and in most cases consist of disintegrated rock with a mixture of material and soluble salts; "surveillance" means an official process which collects and records data on pest occuwonce or absence by survey, moni­ toring or other procedures; "treatment" includes any officially authorised procedure and the use of chemicals, heat or Jow pressure, intended to ensure the killing, removal or rendering infertile any plant pest; (b) i11 Part Two "accreditation" means formal recognition of technical compe­ tence to carry out official specific tasks; "accredited person or entity" means a public or private body empowered by the Minister to undertake quality control and certification activities; "accredited research institution" means a public or private body authorised by the Council for Scientific and Industrial Re­ search to engage in agricultural research; "advertisement" means a represenl"ation, commercial or other­ wise, other than labelling, disseminated in any manner or by any means by the seller of seed in relation to the seed; "analyst" means a person appointed ur designated as an analyst to determine the quality of a seed sample under this Part; "basic seed" means seed from a pre-basic seed produced 11J1der the responsibility of the maintainer and approved for the production of certified seeds; "certification" means the approvill given in the seed quality control process in the field or in a laboratory, leading to the assurance that the seed conforms to the minimum standards of variety purity in accordance with the provisions of the Regulations; "certified seed" means a seed obtained from a basic seed which conforms to the minimum standards for that seed class or if approved for that species, from a first generation certified seed; "compound fertilizer" means a fertilizer having at least two primary plant nutrients; 60 Plants and Fertilizer Act, 20 I 0 Pd. 803 "class" means the categories of seeds of the same nature poten­ tially of one or several generations; "Commissioner-General" means the Commissioner-General for the Ghana Revenue Authority appointed under section 13 of the Ghana Revenue Authority Act, 2009 (Act 791) or the representative of the Commissioner-General; "court" means a court of competent jurisdiction; "dealer" means a person who imports, grows, breeds, cleans or sells seeds in commercial quantities; "designated officer" means an officer appointed by the Minis­ ter to perform certain duties; "emergency seed" means a class of non-certified seed to be used in a case of acute seed shortage during and after natural or human disaster; "importer" includes the owner or the person for the time being possessed of or beneficially interested in any goods at and from the time of the importation of the goods until the goods are duly delivered out of the charge of the proper officer, and also a person who signs a document relating to imported goods required by this Act, to be signed by an importer; "inspector" means any technician with responsibility to conduct field and seed inspections in conformity with the prescribed regulations; "label" means any document visibly displaying prescribed information in a readable manner to facilitate seed identifi­ cation or traceability; "lot" means a delinite quantity of seed identified by a lot number or other mark with each portion or bag of the lot being uniform within recognised tolerance for the factor which appears in the labelling of the lot; "maintainer" means a person or institution that is responsible for keeping a released variety tn1e to its original description for production; "mixed fertilizer" means a fertilizer derived from a mixture of various kinds or types of chemical and/ or organic fertilizer; "noxious weed seeds" means the seed produced from plants which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion ofland or livestock of a community; 61 ri;td l•2niti;:er Act, 20!0 ' ,11c:;1ns any contarner notably a sack, bag, barrel, or , .,a,i,� of a vane1y of n1aterials comprising among others '·''·' ,1,,per. e1l:1flimnm1 and polyethylene in which seeds p.Jckaged, !ndndes an,; velnclc, vessel, railway, aircraft, seed store, • ... , '" p,• lce;sing plant or seed warehouse; · mtc11b provided by Regulations; i.,ci diztr'' me,rn, a fertilizer having one primary plant ,::l1JtJ.1tnl; �ndudc:s any planting rnaterial or organ, or part of a ragan, such as ti. grain, shoot, bulb, scion, rhizome, G.t ernbryo, intended to reproduce itself; :.nciudes the collection of plants of the lowest known 1:cJx,J11, defiw,d by using the characteristics of some ,.,,.,,, .··,v ut a comr)inati,m of genotypes, distinguishable ,i hf1 pLmc colk,:tiom by iH least one of these charac­ :,:,:s::.::s and considered :,s an entity given its capacity for . '""'"- 1eprodrn ti,m a11d pnNcnances of forest tree seeds; :ncans any plam or plant part injurious to agricul­ ,,,,rhich is declared to be so by the Minister; ,, ,neans ,i pc,,,1.>t1 app,Jlllted or designated as an analyst ,o Reguhaions made under this Part; Ji,tans a term, design, 01 trademark used in connec­ " i, h Glk' 01 sevet ,, l trades of fertilizer, meM,c to ;mport, consign, produce, mix, or blend , d •zt-r c,r to off a fi.1r sale, sell, ba1 ter, or otherwise supply , ' mf a.ns a persuu 01 l1c:r than a producer or importer who ")''""' J and sells ibtilizei, in Ghana; ,,-rrilizer" means fertilizer produced by chemical pro­ c:1< •ni11ed and defived from an inorganic substance , " :;;;:vnthetic organic substance; Regnii.to1 y Administrator" means the individual 1:'J',;ull<-d by the P1 esidtnt to head the Ghana Fertilizer LLeg1::.latory :Uiv1sin11; means a subst.mce containing one or more recog­ .�d pl;mt nm1 ier,1, that i, used for its plant nutrient con­ an,t is de,,igned for 1,sc0 in pmrnoting plant growth; 62 I Plants a.nd F'r?rtiii'ler "grade" rneans the percentage.· of total phosphate (P ,CJ,), ctlld wbok nnmhers u, d,e as in the guaranteed. a.na.l:t':i:-;; 11 g,.1aranteed analysis" 1neaJ:1s the fnlnn.n.-rt: plant nutrients ciairued; ''heavy rnetals" r.tteans ,0 1,n,,,··,·,, Ylith ''..ret v weight including lead 1'irnporter1' rnean:s a peicsc·n or otlie-rwi�e .',Uf•plie'; 11inspector'' :n1�a:ns. .a pcrsf):n appoi11tcd Inspector pursua.rtt to Tf .. egulations rnad-� 1'investigational allov'1'ance 11 In.cans ;;111 inherent in the takjng 1. rnepa.ra !irn,, cial sample of lertilize,; "label" rneans 1.l1e display of vv'ritte1 1 ) printed., en ... , · .. 1 ,pon the immediate cr,11t?i.'.JfL � ;.r..c,c.mr: .. a fenilizer: 01 advert:ise1nents, t,rnchures1 radio or internet annci-i.rn(erncnts used in fertilizer; "lot 01 san1pling nnit'j rncans a that can be sarnpled offi.ciaI1y may be physical. "organic fertilizern rn.eans fertilizer derived fl,. organic material in.duding se,;vage sludge, and plant residues, v1 hic-h is prod 1.Ker:', of drying, cooking, ,·omncs1,t1f?,, fermenting, or other 111ethods and declaration ofnutnenl value on t!,e label; "official sample" means any sarnple of inspector or ag�nt of I be Cxharn Fntiiizu , .�--· , .. · and designated as official b,, the Ch,,rv ,,,.,,. ,, .. ' Division; "Pesticide and Fertilizer Regufatory lJi,isi,. Division in the MimstJ y of FocJd and by the 1v1inister to have ,harge :md cont:, lion of this Part and any Regulations eu<1:1,·-j Part; "prescribed" Ineans pro--vide·d h y Rx:gcJ::itio-r'cS., 63 i f I r I { Ad 803 Plants and Fertilizer Act, 2010 "plant nutrient" me,ms a chemical element in fertilizer that is recognized as essential for plant growth; (i) "primary nutrients" refers to the elements nitrogen phosphorus and potassium; ( ii) "secondary mitrients" refers to the elements calcium, magriesium and sulfor; and (iii) "rnicronutrieots" refers to the elements boron, Chlorine Cobalt, Copper, iron, manganese, molybdenum, sodium and zinc; "post office" includes (a) a house, building, room, vehicle, place or structure where postal articles are received, sorted, delivered, made up or despatched or which is used for any other postal purpose in connect ion with the rendering of any postal service, money transfer or other services by Ghana Post; and (b) any pillar box or other receptacle provided by or under the authority of Ghana Post for the reception of postal articles; "producer" means a person who produces, supplies and sells fertilizers in Ghana; "reference solution" means a solution of known concentration used as a standard of comparison of analysis; ( d) in any part of this Act "Ministry" means the Ministry of Food and Agriculture; "Minister" means the Minister responsible for Agriculture; "person" means an individual, corporate, gover nment or governmental subdivision or agency, society, association, enterprise, trustee, receiver, or any other institution; and "sel l" means to sell, offer for sale, expose for sale, or have in possession for sale and distribution. Repeals and savings 125. (I) The following enactments are repealed (a) the Prevention and Control of Pests and Diseases of Plants Act, 1965, (Act 307); and (b) the Seeds (Certification and Standards) Act, 1972 (NRCD 100). 64 Plants and Fertilizer Act, 2010 Aci 803 (2) Despite the repeal in subsection (1), Regulations, bye-laws, notices, orders, duectmns, appointments or any other act lawfully made or done under the repealecl enactment and in force immediately before the commencement of this Act shall be considered to have been made or done under this Act aPd shall continue to have effect until revoked, cancelled or terminated Date of Gazette notification: 7th September, 2010. 65 GOVERNMENT PRINTER, ASSEMBLY PRESS, ACCRA. GPCL/A658/300/10/2009 WeLsite: www.gi1ar:apublishingcompany.com E-mail: info@ghanapublishingcompany.com