Seed Act (Chapter 67:06)
Malawi
Seed Act
Chapter 67:06
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Commenced on 13 January 1997
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Seed Act. In this Act, unless the context otherwise requires—"advertisement" includes any statement, picture, design or device—(a)published in any newspaper or other publication in general circulation to the public; 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;"certified seed" means any prescribed seed which is certified under the provisions of Part IX;"container" includes a bag, barrel, case, tin, package or any other container in which seed is placed or packed;"contract of sale" includes an agreement to sell;"Controller of Seeds" means the officer in the public service designated as such under the provisions of section 3;"Imported Certified Seed" means any prescribed seed certified in the country of its origin imported by a registered seed importer and certified as Imported Certified Seed under the provisions of Part IX;"label" includes any legend, work, mark, symbol or design applied or attached to, or accompanying, any seed or package of seed;"licensed seed seller" means any seed seller licensed under Part VI;"Malawi certified seed" means any prescribed seed produced in Malawi and certified as such under the provisions of Part IX;"official seed-tester" means any public officer designated as an official seed-tester under Part IV;"owner", in relation to any seed, includes any person having for the time being the possession, custody or control thereof;"prescribed seed" means any seed declared as such by an order made under section 33;"purity" means analytical purity expressed as a percentage by weight;"seed" means the part of any plant, customarily referred to as seed, intended for planting and includes seed potatoes;"seed cleaner" means any person engaged in the trade or business of removing impurities from seed;"seed cleaning plant" includes any premises used for the removal of impurities from seed;"seed importer" means any person who, either exclusively or in conjunction with any other trade or business, imports seed into Malawi for resale;"seed inspector" means any person designated as seed inspector under section 21;"seed producer" means any person who, either exclusively or in conjunction with any other trade or business, produces seed for sale;"seed seller" means any person who, either exclusively or in conjunction with any other trade or business, sells seed for sowing;"seed-testing station" means any premises, suitably equipped for the purpose, where seed is tested for its purity and germination capacity;"sell" includes to exchange or barter or to offer, advertise, keep, expose, transmit, convey or deliver for or in pursuance of a sale, exchange or barter;"special variety" means any variety of prescribed seed which has been specified by the Minister pursuant to section 44 for the purposes of Part IX;"variety" means a subdivision of any kind which can be differentiated from other subdivisions of that kind by growth, plant, fruit or other characteristics and any uniform group which is a first generation hybrid reconstituted on each occasion by crossing two or more breeding stocks maintained by inbreeding.[9 of 1996] The Controller of Seeds shall keep and maintain all registers prescribed or required under this Act, each of which shall contain such particulars as are prescribed in respect of such register.[9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] The Minister may establish and maintain, or designate one or more seed testing stations in Malawi.[9 of 1996] Upon the establishment or designation of a seed testing station, and from time to time thereafter as occasion may require, the Minister shall, by notice published in the Gazette, designate an official seed tester or official seed testers, as the case may be, for each such seed testing station.[9 of 1996] The Controller of Seeds shall keep and maintain the following registers—(a)a register of official seed testers, which shall contain—(i)the name and address of each official seed tester appointed under this Act;(ii)such other particulars as may be prescribed;(b)a register of seed testing stations, which stations shall contain—(i)the name and address of each seed testing station established under this Act; and(ii)such other particulars as may be prescribed. Any reports, certificates or other documents issued or furnished by a seed testing station for the purposes of this Act shall be in the forms prescribed. The authority of a seed inspector issued under section 21 may be—(a)general, whereby the seed inspector shall be empowered to exercise all the powers of a seed inspector anywhere in Malawi; or(b)limited, either—(i)as to the specific powers exercisable by the seed inspector; or(ii)as to the place or district in which such powers are exercisable by the seed inspector. A seed inspector may take samples of any seed for any of the following purposes—(a)for test or examination to determine whether the seed is prescribed seed or restricted seed; or(b)for test to determine whether if the seed is prescribed seed it conforms to the standards of purity and germination prescribed therefor under this Act; or(c)for such other purposes as may be deemed necessary by the seed inspector in relation to the exercise of his powers under this Act. Any person who—(a)obstructs or impedes a seed inspector in the due exercise of his powers under this Act; or(b)refuses to furnish to a seed inspector, on request, any particulars or information to which the seed inspector is entitled under this Act; or(c)wilfully or recklessly gives to a seed inspector or an authorized officer any false or misleading particulars or information with respect to any fact or matter to which the seed inspector is entitled under this Act,shall be guilty of an offence. [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] The Minister may from time to time, by order published in the Gazette, declare any seed to be a prescribed seed, and for each kind specify minimum standards of germination and other characteristics of seed quality.[9 of 1996] Subject to the provisions of section 34, if a sample of any prescribed seed is, upon test, found and reported by an official seed tester not to conform to the standards of germination and purity prescribed for such prescribed seed, the Controller of Seeds may—(a)if such prescribed seed has been seized and detained in accordance with the provisions of this Act—(i)subject, to such conditions, as to its sale use as he may impose, direct its return either to the owner thereof or to the person from whose custody or control it was taken and in so directing the Controller of Seeds may impose such conditions as to its sale or use as he may consider necessary; or(ii)order it to be destroyed without payment of compensation to the owner if, upon reasonable grounds, he is satisfied that it is in a state dangerous to public health or injurious to animals or plants;(b)if the prescribed seed has not been seized or detained in accordance with the provisions of this Act—(i)permit the owner thereof to retain the prescribed seed subject to such conditions as to its sale or use as the Controller of Seeds may impose;(ii)order it to be destroyed at the premises where located or to be seized by the Controller of Seeds and destroyed, in either case without payment of compensation, to the owner, if, upon reasonable grounds, he is satisfied that it is in a state dangerous to public health or injurious to animals or plants. [Repealed by 9 of 1996] [Repealed by 9 of 1996] Nothing contained in this Act shall be construed as prohibiting the importation by any seed importer, by post, of a sample of any prescribed seed not exceeding one kilogram and which is being imported into Malawi solely as a trade sample and its quantity is of no commercial value.[9 of 1996] Upon the conviction of any person of an offence under this Part the court may, in addition to any other penalty imposed, declare any prescribed seed or restricted seed found in possession or under the control of the defendant and connected with the commission of the offence to be forfeited and may order it to be destroyed without compensation. Subject to the provisions of this Part, seed may be certified by the Controller of Seeds—(a)in the case of seed produced in Malawi, as "Malawi Certified Seed"; or(b)in the case of imported seed, as "Imported Certified Seed".[9 of 1996] The Minister may, by order published in the Gazette, specify the variety or varieties of seed which may be cultivated for the purpose of producing seed for certification as Malawi Certified Seed or as Imported Certified Seed.[9 of 1996] For the purposes of this Part, the Controller of Seeds shall keep and maintain a register of seed producers which shall contain—(a)the name and addresses of all seed producers;(b)particulars of the specified variety or varieties to be grown by each seed producer;(c)particulars of the location and area of the land where each such specified variety is to be grown by each seed producer;(d)such other particulars as may be prescribed.[9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] [Repealed by 9 of 1996] No seed producer shall use for the production of Malawi Certified Seed any variety of seed which has not been approved for such purpose by the Controller of Seeds.[9 of 1996] Any person who—(a)sells as certified seed any seed which is not certified under this Act; or(b)for the purposes of sell, uses, in the description or name of any seed, the word "certified" or any cognate word in relation to seed which is not certified under this Act, shall be guilty of an offence. Any person who contravenes or fails to comply with any of the provisions of this Act, or regulations, requirements or conditions lawfully prescribed thereunder, shall be guilty of an offence. Any person who—(a)tampers with any seed so as to procure that any samples of such seed, taken under and for the purposes of this Act, does not correctly represent the bulk from which the sample was taken; or(b)otherwise tampers with any sample taken under this Act; or(c)with intent to deceive, causes or permits to be sent to any seed testing station to be tested, for the purposes of this Act, a sample of any seed which to his knowledge does not represent the bulk from which it was taken,shall be guilty of an offence.[9 of 1996] Any person who, without lawful authority, alters, defaces or removes—(a)any register, index or other such official record maintained in pursuance of this Act or of any order or requirement made thereunder; or(b)any entry appearing in any such register, index or other such official record,shall be guilty of an offence. Any person who, without lawful authority, alters or defaces—(a)any certificate, report record invoice, accounts or other document, prescribed, issued, furnished or kept under this Act or under any order, requirement, condition or regulation made thereunder; or(b)any label, note, docket or mark placed upon any container under this Act or under any order, requirement or condition made thereunder, or who removes any such label, note, docket or mark from any such container,shall be guilty of an offence. Any person who—(a)is employed for the purposes of this Act, publishes or communicates to any person without lawful authority any information acquired by him in the course of his employment; or(b)is in possession of any information which to his knowledge has been disclosed in contravention of this Act, publishes or communicates that information to any other person,shall be guilty of an offence and be liable to a fine not exceeding K500 or to imprisonment not exceeding one year. [Repealed by 9 of 1996]. All registers maintained by the Controller of Seeds under this Act shall, at all reasonable times, be open to the inspection by any person applying to the Controller of Seeds on payment of the prescribed fee. The provisions of this Act shall not apply—(a)to any sale of prescribed seed, which is not Malawi Certified Seed and which has been produced by a seed producer on his own land and is sold by him—(i)for sowing by the buyer, and not for purposes of resale; or(ii)to a seed cleaner in order that it may be cleaned before being sold for sowing:Provided that it is sold in a container or containers, upon which, or upon the label or labels attached to which, appear clearly and legibly the words "for cleaning purposes only";(iii)for use as food or as farm feed or for industrial purposes.(b)to any sale of prescribed seed, which is not certified seed, by or to a person exempted from the provisions of this Act by an order made by the Minister under section 69.[9 of 1996] The Minister may, from time to time, by order published in the Gazette, exempt any person or class of persons from the provisions of this Act. [Repealed by 9 of 1996]. The Minister may make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for—(a)the forms of registers, notifications, certificates, licences and reports required to be prescribed under this Act and such other forms as the Minister deems proper to prescribe for the purposes of this Act;[9 of 1996](b)the forms of records to be kept by the Controller of Seeds for the purposes of this Act;(c)the form of records to be kept and returns to be made by seed cleaners, seed importers, seed producers and seed sellers for purposes of this Act;[9 of 1996](d)the qualifications of official seed testers under this Act;(e)standards of quality and performance of scientific equipment and the variety of such equipment to be maintained in any seed testing station, and the Minister may make provision for different standards and equipment for different seed testing stations;[9 of 1996](f)the operation and management of seed testing stations, including the number of official seed testers to be attached to each such seed testing station and the forms of records to be kept by seed testing stations for the purposes of this Act;(g)the manner in which samples are to be taken under this Act, the forms to be used in and about the taking of such samples, and the fees and expenses to be paid for and in respect of the taking of such samples under particular circumstances;(h)the methods to be employed by seed testing stations and official seed testers in the testing of prescribed seed;(i)the standards of germination and purity of specified varieties for purposes of certification as certified seed under Part IX;(j)the conditions under which prescribed seed for sowing intended for sale may be displayed for sale or stored by any seed producer, seed cleaner or seed seller;[9 of 1996](k)the manner and methods of labelling, stamping, marking or sealing of containers in which any prescribed seed or certified seed is sold;(l)the prevention of the use of false or misleading statements in advertising any prescribed seed for sale;(m)the prohibition or restriction of the disposal, acquisition or use of any prescribed seed as farm feed or fertilizer;(n)standards of quality and performance of equipment and the variety of such equipment to be maintained at any seed cleaning plant;[9 of 1996](o)the methods to be employed by seed cleaners in and about the cleaning of prescribed seed;(p)the inspection of land notified by a seed producer as land on which he intends to produce seed for certification as Malawi Certified Seed;[9 of 1996](q)the examination and testing of any seed intended for use by a seed producer in the production of seed for certification as Malawi Certified Seed and the methods to be employed by seed producers in and about the cultivation and production of seed for such certification and further for the periodic inspection of growing crops intended for the production of seed for certification as Malawi Certified Seed;[9 of 1996](r)the control, limitation or prohibition of the cultivation by a seed producer of any specified crops on land contiguous or adjacent to lands upon which seed intended for certification as Malawi Certified Seed is being grown by the seed producer;[9 of 1996](s)the control of weeds on the land of any seed producer which is being used for the production of seed intended for certification as Malawi Certified Seed or on any other land of the seed producer adjacent or contiguous to such land;[9 of 1996](t)the country or countries of origin of imported seed of any specified variety, and the certifying authority in such country or countries whose certificate thereof as certified seed may form the basis of an application by a seed importer for the certification of such seed as Imported Certified Seed under Part IX;[9 of 1996](u)any fees payable under this Act;[9 of 1996](v)any thing or matter which this Act requires to be prescribed.[9 of 1996]Part I – Preliminary
1. Short title
2. Interpretation
Part II – Administration
3. Controller of Seeds
4. Registers
Part III – Registration of seed importers, seed cleaners and seed sellers
5. ***
6. ***
7. ***
8. ***
9. ***
10. ***
11. ***
12. ***
13. ***
14. ***
Part IV – Seed tests
15. Establishment of seed testing stations
16. Designation of official seed testers
17. Registers of seed testers and seed testing stations
18. Prohibition against testing of prescribed seed except in seed testing stations
19. Delivery of samples for official test
20. Reports to be in forms prescribed
Part V – Seed inspection
21. Seed inspectors
22. Authority of seed inspectors may be general or limited
23. Powers to take samples of seed
24. Powers to search premises and seize certain goods
25. Prohibition against obstruction, etc., of seed inspectors
Part VI – Licensing of seed sellers
26. ***
27. ***
28. ***
29. ***
30. ***
31. ***
32. ***
Part VII – Prescribed seed
33. Power of Minister to declare seed to be prescribed seed
34. Treating and cleaning of prescribed seed
35. Duties of seller on sale of prescribed seed
36. Disposals sub-standard prescribed seed
Part VIII – Import and export of seed
37. ***
38. ***
39. Conditions for importation of prescribed seed
40. Testing of imported prescribed seed
41. Importation of trade samples
42. Court may order forfeiture and disposal of illicit prescribed seed
Part IX – Certification of seed and production of seed for certification
43. Certification of seed
44. Variety of certified seed
45. Notification of intention to produce seed for certification
46. Register of seed producers
47. ***
48. ***
49. ***
50. Certification of seed by the Controller of Seeds
51. Certified seed of Malawi to be produced from approved seed
52. Certificate to be produced on sale of Malawi Certified Seed
53. Certification of imported seed as Imported Certified Seed
54. Duties of seller on sale of certified, seed in sealed containers
55. Prohibition against sale of uncertified seed
56. Prohibition against sale of certified seed without possession of appropriate certificate
Part X – Offences and miscellaneous provisions
57. Failure to comply with Act or regulations
58. Prohibition against tampering with samples
59. Prohibition against altering, defacing or removing official records, etc.
60. Prohibition against altering, etc., documents and marks
61. Secrecy
62. ***
63. Prohibition against sale of untested prescribed seed
64. Prohibition against sale of substandard prescribed seed
65. Prohibition against sale of prescribed seed under name other than varietal name
66. Penalty
67. Inspection of registers
68. When Act not applicable to sale of prescribed seed
69. Exemptions from the provisions of this Act
70. ***
71. Regulations