Professional Documents
Culture Documents
Seed Bill, 2019
Seed Bill, 2019
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SEED BILL, 2019
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
SECTION
1. Short title
2. Interpretation
3. Application
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PART III – NATIONAL VARIETY RELEASE COMMITTEE
23. National Variety Release Committee
24. Functions of the NVRC
25. Composition of the NVRC
26. Variety Catalogue
27. Recognition of varieties
28. Withdrawal of a variety
PART X - FUND
80. Fund
81. Administration of the Fund
82. Objectives of the Fund
83. Holding of the Fund
84. Books and other records of accounts and audit and reports of accounts
85. Financial year
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A BILL
entitled
An Act to provide for the regulation and control of production, processing, sale, importation,
exportation and testing of seed, and further to provide for the certification of seed, regulation of release
and maintenance of seed varieties and for matters incidental to or connected therewith.
PART I - PRELIMINARY
Interpretation
2. In this Act, unless the context otherwise requires –
“certified seed” means any prescribed seed which is certified under the
provisions of Part IV;
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“COMESA” means the Common Market for Eastern and Southern
Africa;
“farmer” means any person who cultivates crops, trees, shrubs and
pastures either by cultivating the land himself or through any other
person and includes any individual, company, trader or dealer who
engages in the procurement and sale of seed on a commercial basis;
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“label” includes any legend, work, mark, symbol or design applied or
attached to, or accompanying, any seed or package of seed;
“owner”, in relation to any seed, includes any person having for the time
being the possession, custody or control of seed;
“Quality Declared Seed” means a seed system in which ten percent of the
seed produced and distributed is checked by the Commission;
“registered seed seller” means any seed seller registered under section 59;
“restricted seed” means any seed variety that is not recognized under this
Act;
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for any consideration whatsoever or to transmit, convey or deliver for or
in pursuance of a sale, exchange or barter;
Application 3.- (1) This Act shall apply to a variety of seed that is registered in-
(a) the National Variety Catalogue;
(b) a regional variety catalogue where Malawi is a member;
or
(c) any other country or region other than the ones referred to
in paragraph (a) or (b).
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(ii) to a seed cleaner in order that it may be cleaned
before being sold for sowing, as long as it is sold
in a container or containers, upon which, or upon
the label or labels attached to which, appears
clearly and legibly the words “for cleaning
purposes only”; or
(iii) for use as food or as farm feed or for industrial
purposes; and
(b) 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 Director General under section 68.
Membership of the 5. — (1) The Commission shall consist of the following members, who are
Commission well versed in seed industry, appointed by the President-
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(a) one person nominated by, and representing, seed
companies;
(3) The members of the Commission shall, at their first meeting, elect
a Vice-Chairperson from amongst their number.
(8) In the case of an equality of the votes, the person presiding over a
meeting shall have a casting vote.
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(9) The Commission shall determine its own procedures for
meetings.
Functions of the
Commission 6. The functions of the Commission shall be to-
(a) advise the Government and other stakeholders on
all seed matters in order to ensure that high quality
seeds or propagating plant materials of improved
varieties of crops are produced and made available
to the farming community;
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(f) appraise, review, monitor and evaluate priority
seed certification and quality control programmes,
plans and projects of research and development
institutions and undertake independently or in
collaboration with any appropriate person, body or
institution surveys and research investigations
considered necessary;
(g) promote and advocate for the development of seed
certification and quality control human resources
by building capacity in seed science and
technology education and training programmes
and providing assistance in the development of
appropriate seed science and technology curricula
of the various levels of the education systems;
(h) create a conducive working environment for seed
certification and quality control personnel in order
to retain them through, inter alia, providing
appropriate variety release, seed certification and
quality control infrastructures and facilities;
(i) encourage the use of local expertise in seed science
and technology matters through use of a set of
professional standards, ethics and guidelines and
support professional seed science and technology
associations;
(j) encourage the establishment and promote the
coordination of research institutions that undertake
research and development activities which
promote national socio-economic development and
other specialized research and development
activities in a manner that enhances corporation
and collaboration among national and international
seed certification and quality control personnel and
institutions;
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(k) promote and monitor seed fairs, open-days and any
other similar events so as to promote national use
of certified seed of improved crop varieties
awareness and culture, documentation,
consolidation and dissemination of relevant seed
science and technology information and generally
promote the role of information technology;
(l) promote sustainable socio-economic development
through the general application of environmental
friendly technologies so as to protect and conserve
natural resources in seed production;
(m) develop and synthesize seed science and
technology indicators covering such aspects as
research and development statistics, human
resources and innovation data using internationally
accepted procedures and standards;
(n) conduct an inquiry into any matter being
investigated by the Commission;
(o) sponsor such national and international seed
conferences as it may consider appropriate;
(p) promote and maintain cooperation in seed science
and technology with similar bodies in other
countries and with international bodies connected
with seed science and technology;
(q) prepare, every two years, a state of Seed
Certification and Quality Control Report for
presentation to the National Assembly; and
(r) perform any other function or activity related to
seed certification and quality control.
Tenure of office
7.- (1) A member of the Commission, other than an ex-officio
member shall hold office for a period of five years and shall be eligible for
re-appointment for a further and final term of five years.
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(2) When making an appointment after an expiry of five years, the
President shall have regard to the need for continuity in the membership
of the Commission, that at least one of the appointed members shall be re-
appointed for the next term of office.
Vacancies 8.- (1) A vacancy in the office of a member of the Commission shall
occur if the member-
(a) dies;
(b) is adjudged or declared bankrupt;
(c) is convicted and sentenced for an offence against any
written law to a term of imprisonment without the option
of a fine;
(d) fails without good and justifiable reasons, to attend
three consecutive meetings of the Commission of which
he had notice;
(e) is certified by a medical practitioner to be
incapacitated by reason of physical or mental disability;
(f) resigns in accordance with subsection (2);
(g) is removed by the President in accordance with
subsection (3); or
(h) if the situation arises that if the person was not
appointed, would have disqualified him from being
appointed as a member of the Commission, other than an
ex officio member, may at any time resign his office by
giving one month written notice to the Chairperson, who
shall then forward the resignation to the Minister.
(3) The President may remove any member of the
Commission, except an ex-officio member, on any of the following
grounds-
(a) misconduct or misbehavior that brings the Commission
into disrepute;
(b) incompetence in the execution of the functions of the
office of the Commission; or
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(c) in circumstances where the member is compromised to
the extent that his ability to impartially and effectively
exercise the duties of his office is seriously in question:
Provided that before that member is removed from
office, he shall be given an opportunity of being heard.
Committees of the 9.- (1) For the better carrying into effect of its functions and
Commission
responsibilities, the Commission may establish such number of
committees, as may be considered necessary to perform its functions and
responsibilities under this Act.
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(4) The provisions of this Act relating to the meetings of members
of the Commission shall apply, mutatis mutandis, to the meetings of its
committees.
(5) Every committee shall act in accordance with any directions
given to it, in writing, by the Commission.
Allowances and 10.- (1) The members of the Commission and of any of its committees
expenses
shall be paid sitting and other allowances as the Minister responsible for
Finance may determine.
Independence of the 11. Every member of the Commission, member of a committee of the
Commission
Commission, or a person invited under section 9(2) or member of staff of
the Commission and every member of the committee shall perform the
functions and exercise the powers provided for in this Act independent of
the direction, undue influence or interference of any-
(a) public office;
(b) organ of the Government;
(c) political party; or
(d) person whosoever or organization whatsoever:
Provided that solely for purposes of accountability, the
Commission shall be answerable, and report bi-annually and directly to
the Minister, and present such reports to the National Assembly on the
overall fulfilment of the functions and powers of the Commission.
Powers of the
Commission 12. The Commission shall, in the discharge of its functions, have
power to-
(a) engage persons of suitable qualifications and experience as
consultants to the Commission;
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(b) request the production by any person, of any document or
information which, in the opinion of the Commission, is
necessary for the execution of its functions under this Act;
(c) promote its functions and objectives, or any matter under its
consideration, through sponsorship, support or organization of
conferences, workshops or meetings;
(d) receive donations of funds, materials and technical assistance
for the furtherance of its work;
(e) carry out consultations regarding any matter under its
consideration and for the general conduct of its work and
determine the procedure for carrying out such consultations; and
(f) do and perform all such things or acts as are necessary or
expedient for the execution of its functions, duties and powers
under this Act.
Approval of plans and 13. The Commission shall prepare and submit a long term national
strategies
vision and strategy or a medium-term development plan to Cabinet,
through the Minister, for its consideration and approval.
Meetings 14.- (1) The Commission shall meet at least once every three months
at a place and a time as the Chairperson may determine.
(2) The Chairperson shall convene ordinary meetings of the
Commission by giving the members of the Commission not less than
fourteen days written notice and may, on his own motion, convene an
extraordinary meeting of the Commission at a place and time as he may
determine in consultation with the Director General.
(3) The Chairperson or in the absence of the Chairperson, the
Deputy Chairperson shall at the written request of more than three
members of the Commission and within seven days of a request, call for
an extraordinary meeting of the Commission, at a place and time as the
Chairperson or Deputy Chairperson may determine, in consultation with
the Director General.
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(4) The quorum at every meeting of the Commission or a
committee shall be constituted by a simple majority of the members.
(5) The Chairperson or, in his absence, the Deputy Chairperson,
shall preside at all meetings of the Commission:
Provided that in absence of both the Chairperson and Deputy
Chairperson at a particular meeting of the Commission, the members of
the Commission present and forming a quorum shall elect one of their
number to preside over the meeting of the Commission.
(6) At any meeting of the Commission, the decision of the
Commission on any matter shall be that of the majority of the members
of the Commission present and voting, and at all the meetings, the person
presiding shall have, in the event of an equality of votes, a casting vote in
addition to a deliberative vote.
(7) The minutes of each meeting of the Commission or any of its
committees shall be kept by the Director General and shall be confirmed
at subsequent meeting of the Commission or committee, as the case may
be.
Personal attendance of 15. A member of the Commission or any of its committees shall not
meetings attend a meeting of the Commission or committee by proxy and where a
member of the Commission is unable to attend any meeting of the
Commission, he may request that his apologies for failure to attend be
recorded.
Disclosure of interest
16.- (1) Where a member of the Commission or any of its committee
is present at a meeting of the Commission or a meeting of the committee
at which any matter which is the subject of consideration is a matter in
which that member or his immediate family member or his professional
or business partner is directly or indirectly interested, he shall, as soon as
practicable, after the commencement of the meeting, disclose his interest
and that member shall not take part in any consideration or discussion of,
or vote on, any question relating to the matter.
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(2) A disclosure of interest by a member of the Commission or its
committee shall be recorded in the minutes of the meeting at which it is
made.
Protection from liability 18.- (1) A court action or other proceedings shall not be brought
personally against any member, a member of a committee or member of
staff of the Commission in respect of any act or omission done in good
faith in the course of carrying out the provisions of this Act.
(2) Where in any proceedings, a question arises on whether or not
an act or an omission was done in good faith in the course of carrying out
the provisions of this Act, the burden of providing that the act or the
omission was not done in good faith in the course of carrying out the
provision of this Act shall be on the person alleging that it was not so
done.
Secretariat of the 19. The Secretariat of the Commission shall consist of the Director
Commission
General and such other suitably qualified staff of the Commission as may
be required for the proper administration of this Act.
Director General 20.- (1) For the purposes of this Act, the Commission shall appoint
a Director General of the Commission who shall be responsible for the
administration and implementation of this Act.
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(2) Without derogation from the generality of the responsibilities
and duties of the Director General conferred under subsection (1), the
Director General shall be responsible for the day to day administration of
the Commission.
(3) The Director General, or such other member of staff of the
Commission as the Director General may designate, shall attend meetings
of the Commission and of any committee of the Commission and may
address such meetings, but shall not vote on any matter.
(4) The Director General may delegate any of his powers or
functions under this Act to any officer in the public service.
(5) Any decision made or order given by such officer, person
or entity may be withdrawn or amended by the Director General of the
Commission, and shall, until it has been so withdrawn or amended be
deemed, except for the purpose of this sub-section, to have been made or
given by the Director General.
Functions of the
Secretariat 21.- (1) The Secretariat of the Commission shall be responsible
for the implementation of the programmes of the Commission.
(2) Without prejudice to the generality of subsection (1), the
Secretariat of the Commission shall—
(a) provide technical and administrative backup
services to the meetings and other functions of the
Commission;
(b) prepare and present to the Commission seed
certification and quality control programmes for approval;
(c) manage and coordinate seed certification and
quality control funds in accordance with general and
specific directions of the Commission;
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(d) maintain liaison with national and international
agencies that provide financial and technical support for
the implementation of the variety release, seed
certification and quality control policy;
(e) coordinate all variety release, seed certification
and quality control related issues in the country;
(f) prepare annual progress reports for consideration
by the Commission; and
(g) perform such other functions as may be assigned to
it by the Commission.
Registers 22. The Director General 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.
Functions of the NVRC 24.- The functions of the NVRC shall be to-
(a) develop testing guidelines or procedures of varieties of
any species;
(b) recommend registration of varieties of seed in accordance
with this Act;
(c) advise the Director General on the publication of the
annual list of varieties of crops, trees, shrubs and pastures
grown in Malawi;
(d) advise the Director General on coming up with or revise
fees for registration and maintenance of varieties in the
National Variety Catalogue;
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(e) advise the Director General on any other technical matters
as required; and
(g) do all such acts as per necessary or incidental to the better
carrying out of the functions specified under this Act.
Composition of the NVRC 25.- (1) The NVRC shall consist of such qualified persons appointed
by the Commission-
(a) one member of the Commission who shall
be the chairperson of the committee;
(b) a representative from the National
Commission for Science and Technology;
(c) a representative from the Department of
Agricultural Research Services;
(d) a representative from the Department of
Agricultural Extension Services;
(e) a representative from the Forestry Research
Institute;
(f) a representative from the Department of
Crop Development;
(g) a representative from the academia, from a
faculty of agriculture or crops science;
(h) a representative from the farmer
organizations;
(h) a representative from the agro-processing
industry;
(i) a representative from the seed sector; and
(j) any other entity related to the seed industry
may be co-opted as need arises and
approved by the Commission.
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National Variety Catalogue 26.- (1) The Director General shall, upon receipt of a prescribed
fee and following the national and regional variety release system,
register in the National Variety Catalogue, varieties of seed that may be
marketed in Malawi.
Recognition of varieties
27.- (1) A new variety may enter into the National Variety
Catalogue when-
(a) it has passed DUS and VCU tests and met all the
requirements; and
(b) it is a result of regional agreements on variety
release and registration.
(c) payment of prescribed fees
(2) A public or private agricultural organization may be
requested to conduct DUS and VCU testing as prescribed under this Act.
(3) Existing varieties released and available in the market on
the date of coming into force of this Act shall, automatically, be
registered in the National Variety Catalogue with the required
information and fees.
Withdrawal of a variety
28.- (1) A variety shall be withdrawn from the National Variety
Catalogue where-
(a) the information on the variety is incorrect;
(b) annual fees are unpaid;
(c) a variety no longer conforms to its original
characteristics; or
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(d) the applicant, seed company or maintainer of a
seed variety cannot provide the original material of
the variety.
Certification of seed
29. Subject to the provisions of this Part, seed may be categorized as
certified by the Director General-
(a) in the case of seed produced in Malawi, as “Certified
Seed”;
(b) in the case of GMO seed produced in Malawi, as
“Certified GMO Seed”;
(c) in the case of imported seed, as “Imported Certified
Seed”; or
(d) in the case of imported GMO seed, as “Imported Certified
GMO Seed.
Varieties for 30. The Minister may by order published in the Gazette, specify the
Certified Seed
Production class and variety of seed which may be cultivated for the purpose of
producing seed for certification as Certified Seed or as Imported Certified
Seed.
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Registration of seed 31. Any person who intends to produce seed for certification shall, in
producers
accordance with this Act, apply to the Director General for registration as
a registered seed producer.
Application for
registration
32.- (1) An application for registration as a registered seed
producer shall be made in the prescribed manner, accompanied with the
prescribed registration fee and specify-
(a) the crops;
(b) variety of seed to be produced;
(c) the location where the seed is to be produced;
(d) the area in hectares that is to be planted; and
(e) the class of seed.
(2) After receipt of an application for registration as a
registered seed producer, the Director General may-
(a) refuse for good cause to register the applicant; or
(b) register the applicant as a seed producer, if he is
satisfied that-
(i) the applicant is a person suitably qualified
and experienced in seed production and
capable of producing, to the prescribed
requirement, prescribed seed which may
qualify for certification as Certified Seed;
and
(ii) the land proposed to be used for the
production of such specified seed is
reasonably suitable.
(3) Seed of any transgenic variety or genetically modified
Cap 60:03 organism shall not be registered, unless the applicant has obtained GMO
license in respect of the same, as prescribed under the Biosafety Act.
(4) The Director General may impose such conditions and
limitations upon any registration under this section, as he may consider
necessary.
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(5) Notification under this section shall be valid for one
growing season.
Register of seed
producers
33. For the purposes of this Part, the Director General shall keep and
maintain a register of seed producers which shall contain-
(a) the particulars of each seed producer;
(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; and
(d) such other particulars as may be prescribed.
Cancellation of 34.- (1) The Director General shall, cancel the registration of a
registration for
registered seed registered seed producer in respect of the production of the specified
producers
variety where the registered seed producer-
(a) fails or ceases to comply with any provision of this
Act or with any requirement or condition
prescribed under this Part in respect of the
production of any specified variety intended for
part certification as Certified Seed; or
(b) parts with the possession of, or is dispossessed
from, the lands upon which a specified variety
intended for certification as Certified Seed is in
course of production.
(2) Where any registered seed producer, during the
continuation of his registration as such-
(a) is convicted of an offence under this Act;
(b) dies; or
(c) being an incorporated body, is wound-up or dissolved,
the Director General shall cancel the registration of the registered
seed producer.
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(3) In the event of a cancellation of the registration of a seed
producer under subsection (1) or (2), the successor in interest to the
registered seed producer may apply under this Part for registration as a
registered seed producer at time of such cancellation.
Review of the decision of 36.- (1) Where a seed producer is not satisfied with the reasons
the Director General
furnished by the Director General or if the reasons have not been
furnished within the prescribed time, he or she may, within twenty-one
days after his or her receipt of the reasons or after the expiry of the
prescribed time, apply to the Commission, in writing, for a review of the
decision of the Director General.
(2) In the performance of the powers of appointment in
accordance with subregulation (1) above, the Committee shall ensure that
the composition of the reviewers reflects the expertize necessary to
undertake a proper review of the subject in question and shall determine
the size of each review team
(2) In determining the review made under subsection (1), the
Commission may consult experts in any relevant field to provide the
Commission with sufficient information in order to enable it to make an
informed decision and may, as it may consider appropriate, either-
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(a) uphold in whole or in part the decision of the
Director General; or
(b) direct the Director General to-
(i) register the appellant as a registered seed
producer;
(ii) strike out all or any of the conditions or
limitations imposed by the Director
General;
(iii) amend or alter any conditions or limitations
in a manner as the Commission may direct;
or
(iv) restore the registration.
Establishment of
certification scheme
37.- (1) The Minister may, by notice published in the Gazette,
establish a scheme for the certification of seeds of the varieties referred to
in the scheme with the object of maintaining the genetic quality of seeds.
(2) The Minister may, at any time, by notice published in the
Gazette, amend or revoke a scheme.
Provisions of
certification scheme 38.- (1) The Minister may, by notice published in the Gazette-
(a) designate the Director General to exercise the
powers, perform the functions and carry out the
duties conferred upon, assigned to or imposed
upon him under a scheme;
(b) prescribe the classes, kinds and varieties of seed to
which the provisions of the scheme shall apply;
(c) provide that any person intending to participate in
a scheme and any unit for certification shall be
registered with the Commission;
(d) provide for the manner in which a person or a unit
for certification shall be registered and the forms to
be used for an application for registration;
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(e) prescribe the requirements to be complied with by
a person or unit for certification, the conditions
under which such a person or unit shall be
registered and the period of validity of such
registration;
(f) provide for the manner in which, and the control
subject to which, seed intended for certification
under a scheme shall be produced and treated;
(g) determine the manner in which, and the times at
which, any inspection of units for certification of
seeds with reference to which the provisions of a
scheme are applicable, shall be carried out, and the
forms to be used in connection with the inspection;
(h) determine the requirements and standards of
quality which seed shall comply with the
certification in terms of a scheme;
(i) determine the manner in which seed shall be
certified, the form of a certificate in connection the
certification and the circumstances under which
such a certificate shall lapse;
(j) determine the manner in which certified seed shall
be packed, marked, labeled, sealed, stored or
distributed and the specifications of the labels and
seals to be used thereof;
(k) determine the information which shall appear on
the containers in which certified seed is packed, or
on the labels affixed thereto;
(l) determine the records to be kept and the
information to be furnished by any person
registered under a scheme;
(m) determine the fees or charges payable to the
Commission by any person registered under a
scheme;
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(n) confer on the Commission the powers of
inspection;
(o) provide generally for any other matter which, in
the opinion of the Commission, is necessary or
expedient in order to further or better achieve the
objects of a scheme.
(2) The Director General or any person duly authorized by
him to do so shall exercise, perform or carry out its powers, functions or
duties.
Certification of seed 39.- (1) Upon it being shown to the satisfaction of the Director
General that a particular seed lot-
(a) is of a specified variety;
(b) is of known source;
(c) has been produced on the land designated in the register;
(d) has been sown, cultivated and produced as prescribed;
(e) has been inspected during cultivation as prescribed seed;
and
(f) has been tested in accordance with the provisions of this
Act and found to conform to the standards of moisture
content, purity, germination, and defects,
the Director General may certify the seed as Certified Seed.
Certified seed 40. A registered seed producer shall not use for the production of
certified seed any variety of seed which has not been approved for such
purpose by the Director General.
Production of certificate
on sale of certified seed
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41.- (1) Upon any sale of certified seed in Malawi by any
registered seed producer, the seed producer shall, at the time of the sale-
(a) produce for inspection by the buyer the certificate
issued under this Part in respect of the seed; and
Certification of imported 42.- (1) The Director General may, upon application by a
seed
registered seed importer, certify as imported certified seed any seed of
specified variety which-
(a) has been imported into Malawi by the applicant;
(b) has been accepted in accordance with the
provisions of this Act;
(c) has been certified as certified seed under the laws
of the country of its origin;
(d) is accompanied by a certificate which the Director
General considers acceptable for purposes of
certification under this Part; and
(e) is shown to the satisfaction of the Director General
to have been produced under conditions, and to
conform to standards equal to, or higher than,
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those prescribed for the production and
certification of Certified Seed.
(2) Where the Director General has certified any imported
seed as Imported Certified Seed, he or she shall issue to the seed importer
a certificate in the prescribed form in respect of the certification.
(3) The Director General shall keep and maintain a register of
seed importers which shall contain-
(a) particulars of the seed importer;
(b) the variety and quantity of seed imported;
(c) the country of origin of the seed;
(d) the date of testing in the country of origin;
(e) the name of the certifying authority in the country
of origin;
(e) the number of the certificate;
(f) Phytosanitary Certificate, import permit and a seed
analysis report; and
(g) any other particulars as may be prescribed.
Duties of seller of
certified seed 43.- (1) A person who sells, for sowing, any certified seed in
sealed containers shall cause to be printed or stamped upon each such
container or on a label attached thereto or enclosed therein in a way as to
be legible without opening the container, in clear and legible letters and
figures-
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(a) in the case of Certified Seed-
(i) the words “Certified Seed” in lieu of the
words “tested seed” as required under
section 29;
(ii) the date of testing;
(iii) the number of the certificate issued in
respect thereof; and
(iv) such other particulars as may be prescribed;
and
(b) in the case of Imported Certified Seed-
(i) the words “Imported Certified Seed” in
lieu of the words “tested seed” as required
under section 29;
(ii) the date of testing;
(iii) the number of the certificate issued in
respect thereof; and
(iv) such other particulars as may be prescribed.
(2) A person who sells any certified seed for sowing shall, at the
expiry of the validity period of the seed, withdraw any left-over of the
seed from the market.
(3) Any person who fails to comply with this section commits an
offence.
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Prohibition against sale of 45.- (1) A person who sells in bulk quantities -
certified seed without
certificate (a) any Certified Seed or Imported Certified Seed, for
sowing, without having in his possession or under
his control, at the time of such sale, the certificate
or a copy of the certificate issued or furnished
under this Part in respect of such seed; or
(b) any Certified Seed or Imported Certified Seed, for
sowing, and who fails to furnish the buyer, at the
time of such sale, the prescribed certificate or a
copy of certificate required to be so furnished
under this Part in respect of such seed,
commits an offence.
(2) The validity of a contract for the sale of certified seed, or
the right to enforce such a contract, shall not be affected by non-
compliance with this section.
(3) For the purposes of this section, the expression “in bulk
quantities” includes any quantity of seed taken, for the purpose of a
particular sale, from any larger quantity of seed, but does not include
seed which is packed and sold in sealed containers.
Disposal of sub-standard
prescribed seed 46. - (1) Subject to the provisions of section 39, 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 Director General may where-
(a) 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 and 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 may
impose such conditions as to its sale or use as he
may consider necessary; or
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(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; and
(b) the prescribed seed has not been seized or detained in
accordance with the provisions of this Act-
(i) permit the owner to retain the prescribed seed
subject to such conditions as to its sale or use as
the Director General may impose; or
(ii) order it to be destroyed at the premises where
located or to be seized by the Director General 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.
Seed inspectors 47.- (1) The Commission shall appoint, from both the public
service and the private sector, official seed inspectors and authorized seed
inspectors, respectively, who shall enforce the provisions of this Act.
(2) An application for appointment as a seed inspector shall
be made to the Commission in the prescribed form, and shall be
accompanied with a prescribed fee.
(3) The Commission shall cause a certificate of accreditation
to be issued to each appointed seed inspector.
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(4) A seed inspector shall produce for inspection his
certificate of accreditation upon demand of any person affected by this
Act.
Accreditation of seed
inspectors 48. The accreditation of a seed inspector made under section 47 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.
Power to search premises 50.- (1) A seed inspector may, for any of the purposes of this Act,
and seize certain goods
and at any reasonable time, enter upon any land, building, premises or
vehicle at, or in which, he or she has reasonable cause to believe that any
prescribed seed or restricted seed is being-
(a) stored, sold or transported for sale in contravention
of this Act;
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(b) packed in packages or other containers which are
marked or labeled in contravention of this Act; or
(c) marked or labeled, with any description, mark or
date in contravention of this Act.
(2) A seed inspector may, without liability for any payment to
any person whosoever, take samples of the seed found therein and the
owner of the land, building premises or vehicle, or his agent or the person
in custody or control thereof shall on demand furnish to the seed
inspector a statement, in writing, containing such particulars with respect
to the seed as may be required by the seed inspector who, further, may
seize and remove there from and detain any prescribed seed or restricted
seed or any package or container or any label, stamp or device for
marking, stamping or labeling, or any book, record or document found
therein, which would afford evidence of a contravention of this Act.
(3) Every seed inspector shall, on demand by the owner, or
the person having custody of such land, building, premises, plant or
vehicle, produce his or her authority to enter upon such land, building
premises, plant or vehicle.
(4) Any seed inspector who has seized and detained any item
or thing pursuant to the authority under subsection (1), shall give to the
person from whom such item or thing was seized a receipt for the seizure
and detention thereof signed by such seed inspector.
(5) Any prosecution for an offence arising from the findings
of an inspection conducted under subsection (1) shall be instituted only
with the consent of the Director of Public Prosecution and in the event of
the Director General being advised, in writing, by the Director of Public
Prosecution that no prosecution should be instituted, then any item or
thing seized in the course of the inspection shall be returned to the owner
thereof or to the person from whose custody it was taken within ten
working days from the date of the receipt by the Director General of such
advice.
Prohibition against
obstruction, etc., of seed 51. Any person who-
inspectors
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(a) obstructs or impedes a seed inspector in the due exercise
of his or her powers under this Act;
(b) refuses to furnish to a seed inspector, on request, any
particulars of information to which the seed inspector is
entitled under this Act; or
(c) willfully 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,
commits an offence.
Establishment and 52. - (1) The Commission shall establish and maintain an accredited
authorization of seed-testing
laboratories seed testing laboratory in Malawi to carry out the functions under this
Act.
(2) The Commission may authorize one or more seed testing
laboratories belonging to a public entity or private sector institution.
Authorization of seed 53. Upon the establishment of an accredited seed testing laboratory or
analysts
authorization of a seed testing laboratory, and from time to time
thereafter, as occasion may require, the Commission shall authorize
official seed analysts or authorized seed analysts, respectively, as the case
may be.
Prohibition against
55.- (1) A person who, in any place which is not a seed testing
testing of prescribed
seed except in a seed laboratory tests or purports to test for the purposes of this Act any
testing laboratory
prescribed seed commits an offence.
(2) In addition to the penalty imposed under subsection (1),
the court may declare any machinery, equipment and chemicals and any
prescribed seed found in the place concerned to be forfeited or order
them to be destroyed without compensation.
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Reports to be in
prescribed forms
57. Any report, certificate or other documents issued or furnished by
a seed testing laboratory for the purposes of this Act shall be in a
prescribed form.
Registration of seed
58.- (1) A person shall not maintain a seed processing unit, unless
processors
such unit is registered by the Director General under this Act.
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(b) any of the provisions of this Act or the rules made
thereunder has been contravened.
(7) The Director General shall conduct periodic inspections of
the seed processing facilities.
Registration of seed 59.- (1) A person or legal entity shall not, himself or by any other
sellers
person on his behalf, carry on the business of selling, keeping for sale,
offering for sale, bartering or otherwise supplying any seed of any
notified kind or variety unless-
(a) the premises from where the seed is sold is
registered for the selling of seed;
(b) such seed is identified as to its kind or variety and
is tested and conforms to the prescribed standards
and requirements as defined under this Act;
(c) the container of such seed bears the label
containing the correct particulars as described
under this Act;
(d) the premises and the establishment conform to the
requirements prescribed under this Act; and
(e) the seller complies with other requirements as may
be prescribed, from time to time, by the Director
General.
(2) The provisions of subsection (1) shall not apply to the
sale of seed which is-
(a) grown and cleaned by a farmer or farmer
community for their own use; or
(b) sold to a processor of seed in order that it may be
cleaned, graded or treated before it is used as seed,
if there appears on the container in which the seed
is sold or delivered or on a label attached thereto
clearly and legibly the words “uncleaned seed”.
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Registering officer
60. The Director General shall be in charge of registering premises
where seed is sold in accordance with the terms and conditions as may be
prescribed under this Act.
Application for 61.- (1) Every application for registration of a premises for the
registering
selling of seed shall be submitted to the Director General in the
prescribed form and accompanied by a prescribed fee.
(2) Upon receipt of any application for registration and any
further information as may be required, and upon being satisfied as to the
requirements, the Director General shall register the premises and issue a
registration certificate in the prescribed form which shall be prominently
displayed on the registered premises.
(3) A registration under this section may be made subject to
such conditions as may be prescribed by the Director General.
(4) The registration of premises under this section shall be valid
for a period of twelve months from the date of issue of a certificate and
shall be renewable.
(5) Where the Director General is satisfied that the conditions
subject to which a registration certificate was issued have not been
complied with, he or she may cancel the registration.
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Non-renewal of 63.- (1) A seed seller’s license shall be revoked upon the death of
registration
the licensee or, where the licensee is an incorporated body, upon the
winding-up or dissolution of that body.
(2) The Director General may, at any time, revoke a seed
seller’s license where the licensee has-
(a) failed or fails to comply with terms and conditions
of the license;
(b) been convicted of an offence under this Act; or
(c) failed or refused to comply with any reasonable
direction as regards the sale or storage of any
prescribed seed given to him, in writing, by a seed
inspector or by the Director General.
(3) The Director General shall give, in writing, the reasons in
case where-
(a) an application for registration is rejected or
registration is cancelled, because of non-
fulfillment of conditions subject to which the
registration was issued, or the registration is not
renewed; or
(b) the applicant is not satisfied with the conditions
subject to which registration was made.
Use of variety 65.- (1) A person shall be allowed to sell seed of any variety, by writing
names
the name of that particular variety as it appears in the National Variety
Catalogue or a regional variety catalogue on the package of the seed.
Restrictions on 66.- (1) The Minister may, from time to time, by order published
importation and
exportation of seed in the Gazette, restrict, limit, make subject to conditions, or prohibit, the
importation into Malawi or exportation from Malawi of any particular
variety or class of seed, in this Act referred to as “restricted seed”.
(2) A person who imports or exports any restricted seed in
contravention of this Act or any regulations made hereunder commits an
offence.
(3) A person who intends to export seed shall comply with the
relevant provisions of this Act and other related written laws and the
regulations of the importing country.
Testing of imported 69.- (1) Upon importation into Malawi of any prescribed seed
prescribed seed
outside the region, the registered seed importer to whom the prescribed
seed is consigned shall, at the discretion of the Director General, within
seven days of its delivery to him or her, request a sample to be taken and
sent for test to a seed testing laboratory.
(2) A person shall not sell or otherwise dispose of imported
prescribed seed prior to the receipt, by the registered seed importer who
imported such prescribed seed, of a report on the test of the sample
thereof from the seed testing laboratory confirming that the imported
prescribed seed conforms to the prescribed seed standards.
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(3) A person who contravenes or fails to comply with
subsection (1) or (2) commits an offence.
Importation of trade 70. Nothing contained in this Act shall be construed as prohibiting the
samples
importation by any registered seed importer, by post, of a sample of any
prescribed seed, not exceeding specified quantities and which is being
imported into Malawi solely as a trade sample and its quantity is of no
commercial value.
Prohibition against
altering, etc, documents 74. A person who, without lawful authority, alters or defaces-
and marks
(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 hereunder; 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,
commits an offence and shall, upon conviction, be liable to a fine
not exceeding thirty-five million Kwacha and to imprisonment for
a period not exceeding seven years.
Secrecy
75. A person who-
(a) is authorized for the purposes of this Act, publishes or
communicates to any person without lawful authority any
information acquired by him or her in the course of his or
her authorization; or
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(b) is in possession of any information which to his or her
knowledge has been disclosed in contravention of this Act,
publishes or communicates that information to any other
person,
commits an offence and be liable to a fine not exceeding thirty-
five million Kwacha or to imprisonment not exceeding seven
years, or both.
Prohibition against
sale of untested seed 76.- (1) Save as provided under section 69, a person shall not sell
any prescribed seed for sowing, unless the said seed has previously been
tested as provided by this Act, and upon such test has been found to be of
the standards of germination and purity prescribed for such seed.
(2) A person who fails to comply with this section commits an
offence and shall, upon conviction, be liable to a fine not exceeding fifty
million Kwacha and to imprisonment for a period not exceeding ten
years.
Prohibition against sale 77.- (1) Where, upon test made pursuant to the provisions of this
of fake or sub-standard
prescribed seed Act, any prescribed seed is found to be fake or found not to conform to
the standards of moisture content, defects, purity and germination
prescribed for such seed and is so reported in the report on such test
furnished by an official seed analyst, such prescribed seed shall not be
sold by any person, for sowing, save with the consent, in writing, of the
Director General previously obtained, and subject to any conditions as
regards such sale as the Director General may impose.
(2) A person who sells any prescribed seed in contravention
of subsection (1) commits an offence and shall, upon conviction, be
52
liable to a fine not exceeding fifty million Kwacha and to imprisonment
for a period not exceeding ten years.
Penalties 79. A person who commits an offence under this Act for which a
penalty has not been specified shall be liable to a fine of not more than
twenty-five million Kwacha or to imprisonment for not more than five
years.
PART X – FUND
Fund
80.- (1) There is hereby established a Fund to be known as the
Seed Fund (hereinafter referred to as the “Fund”) to finance the activities
required in order to administer and enforce seed certification and seed
quality control under this Act.
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(a) such moneys as may be appropriated by
Parliament for the purposes of the Fund;
Administration of the
Fund 81. The Fund shall be administered by the Director General, subject
Cap. 37:02
Cap. 37:01 to this Act, and in accordance with the Public Finance Management Act
and the Public Audit Act.
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Objectives of the 82. The Fund shall be used to finance the proper management of
Fund
activities required to be administer under this Act, including the
enforcement of seed certification and quality control activities.
Holding of the Fund 83.___ (1) All sums received for the purposes of the Fund shall be paid
into a bank account and no amount shall be withdrawn therefrom, except
by means of cheques signed by such persons as are authorized in that
behalf by the Director General.
(2) Any part of the Fund not immediately required for the
purposes of the Fund may be invested in such manner as determined by
Cap. 37:02
the Fund and utilized in compliance with the provisions of the Public
Finance Management Act.
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Financial year
85. ___ (1) The financial year of the Fund shall be the period of twelve
months commencing on 1st July in one year and ending on 30th June of
the following year.
(2) The first financial year of the Fund may be a period shorter or
longer than twelve months as the Minister shall determine, but in any
case not longer than eighteen months.
Inspection of registers
86. All registers maintained by the Director General under this Act
shall, at all reasonable times, be open for inspection.
Regulations 87.- (1) The Minister may make regulations for the better carrying out
of this Act.
(2) Without prejudice to the generality of subsection (1), the
regulations may make provision for-
(a) the forms of registers, notifications, certificates,
authorizations 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;
(b) the forms of records to be kept by the Director General of
the Commission for the purposes of this Act;
(c) the form of records to be kept and returns to be made by
seed processors, seed importers, seed producers and seed
sellers for purposes of this Act;
(d) the qualifications of official seed inspectors, seed samplers
and seed analysts 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 laboratory, and the Minister
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may make provision for different standards and equipment
for different seed testing laboratories;
58
(2) Any regulations made under this Act may, notwithstanding the
Cap. 1:01 provisions of section 21 (e) of the General Interpretation Act, prescribe a
fine of up to twenty-five million Kwacha and imprisonment for up to five
year, or both, for an offence committed against any provision of such
regulations.
Repeal and
savings 88.- (1) The Seed Act is repealed.
Cap.67:06
(2) Any subsidiary legislation made under the Seed Act repealed by
subsection (1) and in force immediately before the coming into force of this
Act, shall so far as it is not inconsistent with the provisions of this Act, continue
in force as if made under this Act.
(3) Any permit or licence made, issued or given under the law
repealed under subsection (1) shall be as valid, and shall have effect, as if they
were made, issued or given under this Act.
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SCHEDULE (s.17)
OATH OF SECRECY
Before me:
………………………………………
Commissioner for Oaths
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OBJECTIVES AND REASONS
The object of this Bill is to make provision for the regulation and control of production, processing,
sale, importation, exportation and testing of seed.
KALEKENI KAPHALE
Attorney General
61