CHAPTER 226
AGRICULTURE (FERTILISERS AND FEED) ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
REGISTRATION, RENEWAL AND CANCELLATION OF REGISTRATION

   3.   Appointment of Registering Officer

   4.   Register

   5.   Application for registration of plant and owner and registration thereof

   6.   Registration in cases of partnership or joint ownership of plant

   7.   Inspection on application for registration

   8.   Provisional registration of plant before inspection

   9.   Certificate of provisional registration of plant and owner

   10.   Certificate of registration of plant and owner

   11.   Renewal of registration

   12.   Devolution and transfer of registered plant

   13.   Cancellation of registration of plant, etc.

   14.   Reasons for refusal to register, etc.: when to be furnished

   15.   Appeal to Minister

   16.   Alteration of registration of plant

   17.   Registration fees

PART III
ANALYSTS AND LABORATORIES

   18.   Analysts, approval of

   19.   Laboratories, approval by Minister

   20.   Rolls of approved analysts and laboratories

   21.   Reports, certificates, etc., of approved laboratories

   22.   Prohibition against testing of farming requisites in non-approved laboratory

PART IV
INSPECTORS: SEARCHES AND SEIZURES

   23.   Inspectors of farming requisites

   24.   Duly authorised officers

   25.   Powers of inspectors and duly authorised officers to search plant and seize machinery, farming requisites, books, etc.

   26.   Prohibition against obstruction, etc., of inspectors and duly authorised officers

PART V
MANUFACTURE, PROCESSING AND SALE OF FARMING REQUISITES

   27.   Prohibition against production of farming requisites in non-registered plant

   28.   Prohibition against sale of farming requisites not in bulk without prescribed statement

   29.   Prohibition against sale of farming requisites in bulk without prescribed statement of analysis of bulk material

   30.   Ingredients of farming requisites sold under trade name, etc., to be disclosed

   31.   Warranties as to fertilisers

   32.   Repealed

   33.   Repealed

   34.   Repealed

   35.   Repealed

   36.   Repealed

   37.   Repealed

PART VI
IMPORTATION OF FARMING REQUISITES

   38.   Power of Minister to prohibit importation of farming requisites

   39.   Prohibition against importation of farming requisites

   40.   Repealed

   41.   Seizure and disposal of unlawfully imported farming requisites

PART VII
MISCELLANEOUS

   42.   Disposal of sub-standard farming requisites

   43.   Failure to comply with Act or regulations an offence

   44.   Prohibition against tampering with samples

   45.   Prohibition against altering, defacing or removing official records, etc.

   46.   Prohibition against altering, etc., documents and marks

PART VIII
PROCEEDINGS AND PENALTY

   47.   Certificate or report prima facie evidence of facts certified

   48.   Penalty

   49.   Secrecy

   50.   Protection of secret processes, etc., against disclosure

   51.   Inspection of registers and rolls

PART IX
REGULATIONS AND RULES

   52.   Regulations

   53.   Rules of court

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the regulation and control of the manufacture, processing, importation and sale of agricultural fertilisers; to provide for minimum standards of effectiveness and purity of such fertilisers; and to provide for matters connected with, or incidental to, the foregoing.

[Am by s 2 of Act 32 of 2010.]

[1st January, 1970]

Act 51 of 1966,

Act 13 of 1994,

Act 32 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Agriculture (Fertilisers and Feed) Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“aggrieved party” means any person whose application for registration under this Act has been refused or made subject to any condition by the Registering Officer; or any person who had been registered as registered owner of a registered plant and whose registration as such registered owner or the registration of such registered plant has been cancelled by the Registering Officer;

“approved analyst” means a person who has been approved as an analyst under and for the purposes of this Act;

“approved laboratory” means any laboratory which has been approved as a laboratory under and for the purposes of this Act;

“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;

“compost” means vegetable matter or mixed vegetable and animal matter so decomposed as to form an organic manure;

“court” means a subordinate court, save where otherwise appears;

["farm feed" rep by s 3(a) of Act 32 of 2010.]

“farmer” means a person who is engaged in farming in Zambia, either exclusively or together with some profession, business or other occupation;

“farming requisite” means any fertiliser, or any substance used in the manufacture of a fertiliser;

[Subs by s 3(b) of Act 32 of 2010.]

“fertiliser” means any substance or compound of substances, which is intended or offered for sale, or sold, for use in the improvement or maintenance of the growth of plants or of the productivity of the soil; but does not include farmyard or stable manure; kraal manure, compost, wood ash, town refuse or night soil, when sold in its original conditions and under its name;

“inspector” means a person appointed an inspector under this Act;

“laboratory” means any premises used for scientific work or research and suitably equipped for scientific analysis;

["livestock" rep by s 3(a) of Act 32 of 2010.]

“owner” includes any absolute owner, lessee, tenant or licensee of any premises used as a plant, and any agent resident in Zambia of any non-resident owner;

“plant” means any premises used for the purpose of manufacturing, compounding or producing any fertiliser, and shall include any sterilising plant;

[Am by s 3(c) of Act 32 of 2010.]

“registered owner” means the person registered in the register of plant as the owner of any plant registered under the provisions of this Act;

“registered plant” means any plant registered in the register of plant under the provisions of this Act;

“Registering Officer” means the person appointed as such in pursuance of the provisions of section 3;

“sell” includes to exchange or to barter or to offer, keep, expose, transmit, convey, or deliver for sale, exchange or barter; and cognate words shall be construed accordingly;

["sterilising plant" rep by s 3(a) of Act 32 of 2010.]

PART II
REGISTRATION, RENEWAL AND CANCELLATION OF REGISTRATION

3.   Appointment of Registering Officer

   (1) There shall be a Registering Officer for the purpose of this Act, who shall be a public officer, and who shall be responsible for the administration of this Act.

   (2) The Registering Officer may, subject to the general or special directions of the Minister, delegate any of his powers or functions under this Act to any officer of the public service.

4.   Register

The Registering Officer shall cause to be kept a register of plant which shall contain—

      (a)   particulars of the location of all plant registered under this Act;

      (b)   particulars of the purposes for which such plant is approved and registered;

      (c)   the names and addresses of the owners of such plant;

      (d)   such other particulars as may be prescribed.

5.   Application for registration of plant and owner and registration thereof

   (1) Application for the registration of plant shall be made to the Registering Officer in the prescribed form and shall be accompanied by the prescribed registration fee.

   (2) As soon as practicable after the receipt of such application the Registering Officer shall—

      (a)   if he is satisfied that the plant in question complies with the prescribed requirements, register such plant in the register of plant and shall enter therein the name and address of the owner thereof as registered owner;

      (b)   if he is not satisfied that the said plant complies with the prescribed requirements, refuse to register such plant and owner.

   (3) Any registration under this section shall be valid until cancelled under the provisions of this Act, or until and including the 31st March following the date of such registration, whichever is the earlier.

   (4) The Registering Officer may impose such conditions with regard to any registration under this section as he may deem to be necessary in order to ensure that the plant or the owner thereof, or both such plant and owner, comply with the provisions of this Act or with the prescribed requirements.

   (5) The refusal of an application under this section for the registration of plant shall not prevent the making, under this section, of a fresh application for the registration of the same plant at any subsequent time.

   (6) Any person who, having obtained registration of such plant, or of the owner thereof, or of both such plant and owner, subject to any condition imposed under sub-section (4) or as amended by the Minister under section 15, fails to comply with such condition, shall be guilty of an offence.

6.   Registration in cases of partnership or joint ownership of plant

   (1) Where an application is made under this Act for registration of any plant which is owned by two or more persons, whether as partners, or jointly, or as tenants in common, or otherwise, the said partners or joint owners, as the case may be, shall nominate one person among them who, upon registration of the said plant, shall be registered as registered owner.

   (2) Registration of any person as registered owner in pursuance of the provisions of this section shall not be construed as affecting or limiting in any way any liability present or future existing or arising between such partners or joint owners, or between them and any third person.

7.   Inspection on application for registration

Upon an application being made under this Act for first registration of any plant, the Registering Officer shall cause such plant to be inspected by an inspector.

8.   Provisional registration of plant before inspection

Upon application being made under this Act for first registration of any plant, the Registering Officer may, if he so thinks fit, register such plant in the register before it has been inspected in pursuance of section 7, and, when the Registering Officer so registers any such plant, the following provisions shall have effect, that is to say:

      (a)   such registration shall be provisional only and is in this Act referred to as provisional registration;

      (b)   such registration shall not relieve the Registering Officer from the obligation to cause such plant to be inspected by an inspector, save that such inspection may take place after such registration;

      (c)   such registration shall not prejudice or affect the power of the Registering Officer to grant or refuse the said application for registration of the said plant;

      (d)   if and when the Registering Officer grants the said application, the said provisional registration shall cease to be provisional;

      (e)   if and when the Registering Officer refuses the said application, the said provisional registration shall be cancelled;

      (f)   when, and so long as, any plant is provisionally registered in the register, such plant shall, subject to the foregoing provisions of this section, be deemed for all of the purposes of this Act to be a registered plant, and the person who is so registered as owner of the said plant shall, subject as aforesaid, be deemed for the said purposes to be the registered owner of the said plant.

9.   Certificate of provisional registration of plant and owner

   (1) Upon the provisional registration of any plant under the provisions of section 8, the Registering Officer shall issue a certificate of provisional registration of such plant in the form prescribed, and shall furnish such certificate to the person registered under such registration as provisional registered owner, or his agent.

   (2) The person so provisionally registered as owner shall cause the said certificate to be displayed in a prominent place within the said plant so registered, and shall keep the same so displayed during the continuance of such provisional registration.

   (3) Any person who fails to comply with the provisions of sub-section (2) shall be guilty of an offence.

10.   Certificate of registration of plant and owner

   (1) Upon the registration of any plant under this Act, the Registering Officer shall issue a certificate of registration of plant and owner in the prescribed form, and shall furnish such certificate to the person registered as owner of such plant, or his agent.

   (2) The registered owner shall cause the said certificate to be displayed in a prominent place within the plant so registered, and shall keep the same so displayed during the continuance of such registration.

   (3) Any person who fails to comply with the provisions of sub-section (2) shall be guilty of an offence.

11.   Renewal of registration

   (1) Any person registered under this Act as registered owner of a registered plant may apply to the Registering Officer, on the form prescribed, for a renewal of the registration of the said plant.

   (2) Any application for renewal of any registration under this Act must be made to the Registering Officer not more than three months and not less than one month before the expiry of such registration. The Registering Officer may, at any time, extend the time herein prescribed for making any such application for renewal of registration.

   (3) Any such application for renewal of registration shall be accompanied by the fee prescribed.

   (4) The provisions of section 7 as to inspection of plant shall not apply to an application for renewal of registration of such plant under this section:

Provided, however, that the Registering Officer may, in his absolute discretion, require such inspection as he deems fit to be made prior to his granting of any such renewal application.

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