SEEDS ACT

ARRANGEMENT OF SECTIONS

SECTION

PART I
Preliminary

    1.    Short title and commencement

    2.    Interpretation

PART II
Establishment of National Seed Committee

    3.    Establishment of National Seed Committee

    4.    Functions of Committee

    5.    Meetings of Committee

    6.    Establishment of sub-committees

    7.    Seeds Officer

    8.    Appointment of other staff

    9.    Delegation of powers of Minister

PART III
Powers of Seed Inspectors and Authorised Officers

    10.    Powers to take samples

    11.    Powers of search and seizure

PART IV
Seed Testing and Certification

    12.    Establishment of seed testing laboratories

    13.    Register of seed testing laboratories

    14.    Testing of prescribed seed

    15.    Reports

    16.    Delivery of samples for official seed testing

    17.    Registration of seed dealers

    18.    Inspection on application for registration of seed dealers

    19.    Issuance of certificate of registration of seed dealers

    20.    Duration of certificate of registration of seed dealers

    21.    Variation, suspension or revocation of certificate of registration

    22.    Appeals Committee

PART V
Seed Certification Scheme

    23.    Designation of certifying authority

    24.    Production of certified seed

    25.    Notification to produce seed

    26.    Register of seed producers or seed growers

PART VI
General

    27.    Offences and penalties

    28.    Immunity from liability

    29.    Regulations

    30.    Minister to make orders

    31.    Repeal of Cap. 35:07

    32.    Transitional provisions

Act 19, 2023.

    An Act to re-enact with amendments the Seed Certification Act, to provide for the control and regulation of the production, sale, import, testing and certification of seeds and for matters connected therewith.

[Date of Commencement: ON NOTICE]

PART I
Preliminary

1.    Short title and commencement

    This Act may be cited as the Seeds Act, 2023, and shall come into operation on such date as the Minister may, by Order published in the Gazette, appoint.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "analytical purity" or "purity" means the composition by weight of pure seed in a sample being tested determined by methods prescribed, and includes the identity of the various species of seeds and other inert particles constituting the sample being tested;

    "authorised officer" means an officer appointed by the Minister under section 8;

    "basic seed" means a seed derived or produced from pre-basic seed;

    "breeders seed" means a seed of a variety of proven genetic purity and identity produced for breeding that variety; or if of foreign origin, a seed certified by a recognised certification agency as being breeders seed;

    "certified seed" means—

    (a)    a class of seed produced from basic seed; or

    (b)    any of the breeders, pre-basic, basic or certified seed as determined by the certifying authority;

    "certifying authority" means an entity designated by the Minister under section 23;

    "Committee" means the National Seed Committee established under section 3;

    "imported certified seed" means any prescribed seed certified in the country of its origin imported by a registered seed importer and certified as imported certified seed;

    "impurities" means all matter other than seeds of the kind of which the parcel purports to consist, and includes—

    (a)    any seed of the kind of which the parcel purports to consist which are sprouted, shrivelled, cracked, insect damaged, diseased or otherwise damaged;

    (b)    broken seed of the kind of which the parcel purports to consist, so far as are incapable of germinating;

    (c)    all seeds or portions of seeds other than those of which the parcel purports to consist, whether they are those of weeds, harmless plants or other cultivated plants; and

    (d)    inert matter, being seed-like structures from either crop, or weed plants, and other matter as follows—

        (i)    seed-like structures from crop plants, namely, all pieces of seeds not exceeding one-half of the original size of the whole seed, including similarly sized pieces of broken, sprouted, shriveled, cracked, insect damaged, diseased, or otherwise damaged seeds or pieces of seeds of legumes and crucifers with seed coats entirely removed; single glumes, single pales, empty glumes and sterile florets of grasses; and, in the case of mangold or beet seed, or clusters wholly devoid of seed and all material which passes through a sieve having circular holes of at least 2.5 mm diameter,

        (ii)    seed-like structures from weed plants, namely, seeds of legumes and cruficers with the seed coats entirely removed and single glumes, single pales, empty glumes or sterile florets of grasses, and

        (iii)    other matter, including soil, sand, grit and stones; fragments of roots, stem, leaves and flowers, chaff, broken cones, scales and seed wings, excreta, ergot and other fungus sclerotia, spore masses of smut and bunt, or nematode galls;

    "label" includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any seed or package bearing reference to the contents;

    "owner" includes any person in possession of seeds;

    "package" includes a sack, bag, barrel, case or any other container in which seed is placed or packed;

    "pre-basic seed" means a class of seed derived or produced from breeders seed with assured genetic purity and identity;

    "pure seed" means the species stated by the sample being analysed, or being found to predominate in the test, and includes the botanical varieties and cultivars including immature, shriveled, undersized, diseased or germinated, or pieces of seed units larger than half their original size which can be identified as of that species;