Fertilizers, Farm Feeds and Remedies Act
- Assented to on 1 April 1970
- Commenced on 1 April 1970
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Fertilizers, Farm Feeds and Remedies Act.
2. InterpretationIn this Act, unless the context otherwise requires—“advertisement” includes any statement, picture, design or device—(a)published in any newspaper or public print; or(b)contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner whatsoever;“analyst” means a person appointed to be an analyst under section 11;“brand” means the impression or representation of any letter, number, geometrical figure, mark, sign or symbol and includes any combination of such impressions or representations;“committee” means any committee established under section 7A;[9 of 1991]“compost” means vegetable matter or mixed vegetable and animal matter so decomposed as to form an organic manure;“farm feed” means—(a)(i)any substance obtained by a process of crushing gristing or grinding or by the addition to any substance the removal therefrom of any ingredient;(ii)any condimental feed or mineral substance which possesses or is alleged to possess nutritive properties; or(iii)any substance of animal origin, which is intended or offered for the feeding of poultry, domestic animals or livestock;(b)any stock lick or substance which can be used and is used as a stock lick, whether or not such stock lick or substance possesses medicinal properties;(c)any substance declared by the Minister, by notice published in the Gazette, to be a farm feed for the purposes of this Act,but does not include straw, chaff, unground hay, silage, cereal in the grain, or any substance which falls within this definition but which has been crushed, gristed or ground for a farmer in accordance with his directions for own use, unless such substance has been declared to be a farm feed under paragraph (c);“farmer” means a person who devotes his attention to farming in Malawi, either exclusively or together with some profession, business or other occupation;“farming requisite” means any fertilizer, farm feed or remedy, or any substance used in the manufacture of a fertilizer, farm feed or remedy;“fertilizer” means any substance which is intended or offered for improving or maintaining the growth of plants or the productivity of the soil, but does not include farmyard or stable manure, kraal manure, compost, wood ash, gypsum, town refuse or night soil when sold in its original condition and under its name;“inspector” means a person appointed an inspector under section 11;“registrar” means the person appointed under section 7;[9 of 1991]“remedy” means any substance which is intended or offered—(a)for the destruction of any noxious plant or insect; or(b)in regard to poultry, domestic animals, livestock or plants for the prevention, treatment or cure of any disease, infestation or other unhealthy or unfavourable condition, or for the maintenance of health, but does not include any substance prescribed by a veterinarian for a specific patient or group of patients;“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, or to dispose of for any consideration whatever, or to transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid;“sterilizing plant” means a plant used for the sterilizing of bones or other substances derived from an animal carcass.
3. Restriction on sale, etc., of remediesNo person shall import, sell or distribute any remedy unless—
4. Use of sterilizing plantNo person shall use any sterilizing plant for the sterilizing of bones or other substances derived from an animal carcass unless such plant has been registered under this Act.
4A. Security of supplyThe Minister may, for the purpose of ensuring supply of farm requisites, and on such terms and conditions as he deems fit, enter into arrangements with any supplier of farm requisites, or person dealing with farm requisites.[8 of 1996]
5. ***[Repealed by 8 of 1996]
6. Minister may exclude any fertilizer farm feed or remedy from the ActSubject to such conditions as he may therein specify, the Minister may by order exclude any fertilizer, farm feed or remedy from the operation of any or all the provisions of this Act.
7B. Composition of committees
7C. Committees may co-opt persons to attend meetings
7D. Tenure of office of committee members
7E. Allowances payable to membersThe Minister may pay to all or any of the members of a committee such allowance as he may determine as honorarium or for attending to the specific business of the committee.
7F. Meetings of the committee
7G. Non-liability of members of the committeeNo member of the committee shall be personally liable for any act or default of his, or of the committee, done in the exercise in good faith of the functions of the committee.
7H. Members to declare interests
8. Registration of remedies and sterilizing plants
9. Cancellation of registrationIf the committee referred to in section 8 is satisfied—
10. Appeal against decision of registering officer
11. Appointment of inspectors and analystsThe Minister may appoint persons as inspectors and analysts for the purposes of this Act.
12. Powers of inspector
13. Offences and penalties
14. Procedure and evidence
15. Special defences in case of prosecution
17. Publication of returnsThe Minister may from time to time cause to be published in the Gazette a return showing the names of the manufacturers, importers or dealers in remedies which have been registered, under this Act. Such return shall state the name and the chemical constituents of each remedy so registered and such other particulars as the Minister may deem necessary.[8 of 1996]
18. Compensation for injury arising from use of farm requisiteWhere a farm requisite is sold or supplied otherwise than in accordance with the provisions of this Act, then any person whose land, crops, poultry, domestic animals, livestock or plants are injuriously affected by such farm requisite shall be entitled to claim compensation for such injury from the person who sold or supplied the farm requisite concerned.
History of this document
01 April 1970