CHAPTER 225
FOOD RESERVE ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE FOOD RESERVE AGENCY

   3.   Establishment of Agency

   4.   Functions of Agency

PART III
THE NATIONAL STRATEGIC FOOD RESERVE

   5.   National Strategic Food Reserve

   6.   Designation of a commodities

   7.   Purchase and importation of designated agricultural commodities

   8.   Sale of designated agricultural commodities

   9.   Receipt of designated agricultural commodity and non designated agricultural commodity.

PART IV
CROP MARKETING

   10.   Market and trading of designated agricultural commodities

   11.   Function of Agency related to designated agricultural commodities

   11A.   Power to inspect records

   11B.   Penalties for disregarding charge or lien

PART V
WEIGHING AND GRADING STANDARDS FOR DESIGNATED COMMODITIES

   12.   Standard of designated agricultural commodity

   13.   Offence and penalty for misrepresenting a grade

PART VI
REGISTRATION OF TRADERS AND PROCESSORS

   14.   Functions related to storage facilities and equipment

   15.   Agri-business activities

   16.   Standards of conduct of traders and processors

   17.   Reports by traders and processors

   18.   Penalty for failing to register or comply with standards of conduct

   19.   Power to inspect records

   20.   Penalties for disregarding registered charges or lien

PART VII
NATIONAL FOOD EMERGENCY

   21.   Declaration of national food emergency

   22.   Vesting of Agency functions

PART VIII
GENERAL

   23.   Transitional period

   24.   Vesting of assets and transfer of liabilities

   25.   Registration of property to be transferred

   26.   Legal proceedings

   27.   Regulations

   28.   Repeal of Act No. 19 of 1989

      SCHEDULE

AN ACT

to establish the Food Reserve Agency and define its powers and functions; to establish a national food reserve; to transfer to the Government certain assets, rights, liabilities and obligations of Nitrogen Chemicals of Zambia Limited and Zambia Co-operative Federation Limited; to repeal the National Agricultural Marketing Act 1989; and to provide for matters connected with or incidental to the foregoing.

[28th April, 1995]

Act 12 of 1995,

Act 20 of 2005.

SI 105 of 1995.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Food Reserve Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Agency” means the Food Reserve Agency established by section 3;

“Chairperson” means the person elected as Chairperson of the Agency under paragraph two of the Schedule;

“Committee” means a committee established under paragraph five of the Schedule;

“Company” means Nitrogen Chemicals of Zambia Limited, a company registered under the Companies Act;

“Director” means the person appointed as Director under paragraph eight of the Schedule;

“designated agricultural commodity” means any cereal, oilseed, stockfeed and other agricultural food commodity designated under section six as essential for the food security of the country;

[Am by s 6(a) of Act 20 of 2005.]

“Federation” means Zambia Co-operative Federation Limited registered under the Co-operative Societies Act;

“marketing season” means the period from the 1st May in one year to the 30th April of the succeeding year;

“member” means a member of the Agency, or a committee;

“national strategic food reserve” means the national food reserve established under section 5;

[Am by s 6(b) of Act 20 of 2005.]

“Processor” means a person who converts or transforms, on a commercial scale, any designated agricultural commodity into a finished or semi-finished product;

“producer” means a person who grows a designated agricultural commodity;

“property” means movable or immovable assets;

“purchaser” means a person who directly or indirectly purchases for himself, or for another person a designated agricultural commodity;

“repealed act” means the National Agricultural Marketing Act;

“trader” means a person who, as broker, dealer, marketing company, or other purchaser, acquires any designated agricultural commodity from a producer or any other person through purchases or otherwise, for the purpose of resale;

“Vice Chairperson” means the person elected as Vice-Chairperson of the Agency under paragraph two of the Schedule.

PART II
THE FOOD RESERVE AGENCY

3.   Establishment of the Agency

   (1) There is hereby established the Food Reserve Agency, which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may by law do or perform.

   (2) The provisions of the Schedule shall apply to the Agency.

4.   Functions of the Agency

   (1) The functions of the Agency shall be to do all such things as are necessary for the administration of this Act.

   (2) Notwithstanding the generality of sub-section (1) the Agency shall—

      (a)   administer the national strategic food reserve;

      (b)   establish a market information system of stocks for the national strategic food reserve;

[S 4(2)(b) subs by s 2(a) of Act 20 of 2005.]

      (c)   promote the use of approved standards of weighing and grading standards for designated agricultural commodities inaccordance with the Weights and Measures Act and the Standards Act;

[S 4(2)(c) subs by s 2(a) of Act 20 of 2005.]

      (d)   establish and conduct a programme under which storage facilities and equipment owned by the Government may be leased or sold;

[S 4(2)(d) am by s 2(b) of Act 20 of 2005.]

      (e)   […]

[S 4(2)(e) rep by s 2(c) of Act 20 of 2005.]

      (e)   assess storage requirements for marketing a designated agricultural commodity and plan for their establishment as needed; and

[S 4(2)(f) renumbered as s 4(2)(e) by s 2(d) of Act 20 of 2005.]

      (f)   undertake such other functions as the Minister may assign to the Agency.

[S 4(2)(g) renumbered as s 4(2)(f) by s 2(d) of Act 20 of 2005.]

   (3) The Agency may by resolution delegate any of the powers and functions of the Agency to any person in the Agency or to any committee established by the Agency or, with the consent of the Minister, to any other person.

   (4) The Agency shall, in addition to such other actions as may be necessary to administer the national strategic food reserve, purchase, import, sell, or trade in a designated agricultural commodity.

[S 4(4) subs by s 2(e) of Act 20 of 2005.]

   (5) Notwithstanding any provision of any other law, the Agency may enter into a contract with any person for the purpose of performing any of its functions under this Act.

PART III
THE NATIONAL STRATEGIC FOOD RESERVE

5.   National strategic food reserve

   (1) There shall be a national strategic food reserve which shall, subject to this Act, be administered by the Agency.

   (2) The purpose of the national strategic food reserve shall be to—

      (a)   ensure a reliable supply of designated agricultural commodities for the country;

      (b)   meet local shortfalls in the supply of a designated agricultural commodity;

      (c)   meet such other food emergencies caused by drought or flood, or by such other natural disaster, for the purposes of this Act, as may be declared by the President;

      (d)   correct problems relating to the supply of designated agricultural commodities which result from the manipulation of prices or monopolistic trading practices.

6.   Designation of commodities

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.