PLANT VARIETY AND SEEDS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATIONREGISTRATION OF SEED IMPORTERS ANDSEED CLEANERS

   3.   Control and Certification Institute

   4.   Registers

   5.   Application for registration of seed importer or seed cleaner

   6.   Registration in cases of partnership business of seed importers or seed cleaners

   7.   Inspection on application for registration

   8.   Certificate of registration of seed importer or seed cleaner

   9.   Renewal of registration

   10.   Devolution and transfer of business of registered seed importer or registered seed cleaner

   11.   Cancellation of registration

   12.   Reasons for refusal to register or for cancellation: when to be furnished

   13.   Appeal to Minister

   14.   Alteration of registration of seed importer or seed cleaner

   15.   Exemption from registration

   16.   Registration fees

PART III
TESTING OF SEEDS CERTIFYING AUTHORITY AND CERTIFYING AGENCY OFFICIAL SEED- TESTERS

   17.   Power to licence Certifying Agency

   18.   Designation of seed inspectors or testers

   19.   Rolls of official seed-testers, Certifying Authority and Certifying Agency stations

   20.   Prohibition against testing of prescribed seed except in Certifying Authority or Certifying Agency stations

   21.   Delivery of samples for official test

   22.   Reports, licences and other documents of Certifying Authority

PART IV
INSPECTORS OF SEEDS

   23.   Inspectors of seeds

   24.   Duly authorised officers

   25.   Powers of inspectors or duly authorised officers to take samples of seed

   26.   Powers of inspectors or duly authorised officers to search premises and seize certain goods

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

PART V
LICENSING OF SEED SELLERSPART V LICENSING OF SEED SELLERS

   28.   Non-application of this Part to seed producers or to registered seed importers

   29.   Seed seller’s licence

   30.   Application for seed seller’s licence

   31.   Refusal to issue seed seller’s licence

   32.   Revocation of seed seller’s licence

   33.   Appeal to Minister

   34.   Right of former licensee under expired or revoked licence to apply for new licence

PART VI
PRESCRIBED SEED

   35.   Power of Minister to declare seed to be prescribed seed

   36.   Treating and cleaning of prescribed seed

   37.   Duties of seller on sale of prescribed seed

   38.   Disposal of sub-standard prescribed seed

PART VII
IMPORT AND EXPORT OF SEED

   39.   Restricted seed

   40.   Prohibition against importation of restricted seed

   41.   Power of Minister to permit importation of restricted seed

   42.   Prohibition against importation of prescribed seed except by registered seed importer

   43.   Conditions for importation of prescribed seed

   44.   Required test of imported prescribed seed

   45.   Importation of trade samples of prescribed seed

   46.   Seizure and disposal of unlawfully imported restricted seed

   47.   Power of Minister to control export of prescribed seed

PART VIII
CERTIFIED SEED

   48.   Certified seed

   49.   Power of Minister to specify specified varieties for certification

   50.   Zambia certified seed

   51.   Imported certified seed

   52.   Registered seed producers

   53.   Register of seed producers

   54.   Registration of seed producers

   55.   Cancellation of registration of registered seed producer

   56.   Reasons for refusal to register or for cancellation: when to be furnished

   57.   Appeal to Minister

   58.   Power of Minister to approve prescribed seed for production of Zambia certified seed.

   59.   Power of Minister to certify seed as Zambia certified seed

   60.   Zambia certified seed to be produced from approved seed

   61.   Certificate to be produced on sale of Zambia certified seed by registered seed producer

   62.   Power of Minister to certify imported prescribed seed as imported certified seed

   63.   Duties of seller on sale of certified seed in sealed containers

   64.   Prohibition against sale of uncertified seed as certified seed

   65.   Prohibition against sale of certified seed without possession of appropriate certificate

   66.   When seed failing to meet certification standards may be sold as quality declared seed

PART IX
OFFENCES AND MISCELLANEOUS

   67.   Failure to comply with Act or regulations an offence

   68.   Prohibition against sale of prescribed seed without seed seller’s licence

   69.   Prohibition against sale of untested prescribed seed

   70.   Prohibition against sale of sub-standard prescribed seed

   71.   Prohibition against sale of prescribed seed under name other than varietal name

   72.   Prohibition against tampering with samples

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

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

   75.   Secrecy

   76.   Inspection of registers and rolls

   77.   When Act applies to contract of sale of prescribed seed as future goods, or upon a contingency

   78.   When Act not applicable to sale of prescribed seed

   79.   Repealed

PART X
PROCEEDINGS AND PENALTY

   80.   Venue of proceedings for offences

   81.   Reports on tests prima facie evidence of facts reported

   82.   Presumption of correctness of statement for purposes of civil proceedings on contract of sale

   83.   Penalty

PART XI
EGULATIONS AND RULES

   84.   Regulations

   85.   Rules of court

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the regulation and control of the production, sale and import of seed for sowing and of the export of seed, and to provide for the testing and for minimum standards of germination and purity thereof, and further to provide for the certification of seed and for matters incidental to or connected with the foregoing.

[1st December, 1968]

Act 14 of 1967,

Act 13 of 1994,

Act 21 of 1995.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Plant Variety and Seeds Act.

[S 1 am by Act 21 of 1995.]

2.   Interpretation

In this Act, unless the context otherwise requires—

“aggrieved party” means any person whose application for registration under Part II has been refused or made subject to any condition by the Certifying Authority, or any person who had been registered under Part II and whose registration has been cancelled by the Certifying Authority;

“authorised officer” means an officer appointed under section 3.

“certified seed” means any prescribed seed which is certified under the provisions of Part VIII;

“contract of sale” includes an agreement to sell;

“Certifying Agency” means any seed company or institution licenced as a seed testing station under Part II.

“Certifying Authority” means the person designated as such in pursuance of the provisions of section 3;

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

“duly authorised officer” means any public officer authorised by the Minister under section 24 to exercise the powers of an inspector of seeds under this Act;

“future goods”, in relation to a contract of sale of prescribed seed, means prescribed seed to be acquired by the seller after the making of the contract of sale;

“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 VIII;

“inspector” means a person designated as an inspector of seeds under section 23;

“licensed seed seller” means any seed seller licensed as such under Part V;

“official seed-tester” means a person approved by the Certifying Authority as an official seed-tester under section 18;

“owner”, in relation to any seeds, includes any person having for the time being the possession thereof;

“prescribed seed” means any seed to which this Act applies by virtue of a regulation made under section 35;

“purity” means analytical purity expressed as a percentage by weight;

“registered seed cleaner” means any seed cleaner registered as such for the time being under Part II;

“registered seed importer” means any seed importer registered as such for the time being under Part II;

“registered seed producer” means any seed producer registered as such for the time being under Part VIII;

“restricted seed” means any seed to which a regulation made under section 39 applies;

“sale in sealed containers” means any sale of prescribed seed in containers sealed for the purposes of sale and sold at a price stated and fixed for each container of equal weight, quantity or volume, or any multiple thereof; or any such sale where each container is expressed to contain a specific weight, quantity or volume of seed and the price is calculated on the basis of such weight, quantity or volume, as the case may be;

“sealed container” means any sack, bag, barrel, box, package, carton, envelope or other receptacle which is closed by means of sewing, stitching, stapling, nailing, heat sealing, gumming or gluing;

“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 eliminating impurities from seed;

“seed cleaning plant” means any premises used for the elimination of impurities from seed;

“seed importer” means any person who, either exclusively or in conjunction with any other trade or business, imports seed into Zambia for re-sale;

“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 therefor, 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 delivery for or in pursuance of a sale, exchange or barter, and cognate words shall be construed accordingly;

“specified variety” means any variety of prescribed seed which has been specified by the Minister pursuant to section 49 for the purposes of Part VIII;

“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 (F1) reconstituted on each occasion by crossing two or more breeding stocks maintained by inbreeding;

“Zambia certified seed” means any prescribed seed produced by a registered seed producer and certified pursuant to the provisions of Part VIII.

[S 2 am by Act 21 of 1995.]

PART II
ADMINISTRATIONREGISTRATION OF SEED IMPORTERS AND SEED CLEANERS

3.   Control and Certification Institute

   (1) The Seed Control and Certification Institute is hereby designated as the Certifying Authority and shall be responsible for the administration of this Act.

   (2) The Certifying Authority may, subject to the general or specific direction of the Minister, delegate any of its functions under this Act to any authorised officer in the public service.

[S 3 am by Act 21 of 1995.]

4.   Registers

The Certifying Authority shall cause to be kept—

      (a)   a Register of Seed Importers which shall contain—

      (i)   the names and addresses, and the principal business addresses in Zambia, of all seed importers registered under this Act;

      (ii)   such other particulars as may be prescribed;

      (b)   a Register of Seed Cleaners which shall contain—

      (i)   the names and addresses, and the principal business addresses in Zambia, of all seed cleaners registered under this Act;

      (ii)   such other particulars as may be prescribed.

5.   Application for registration of seed importer or seed cleaner

   (1) Application for the registration of any seed importer or any seed cleaner shall be made to the Certifying Authority 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 Certifying Authority shall—

      (a)   if he is satisfied that the applicant complies with the prescribed requirements, enter the name and address and principal business address of the applicant in the appropriate register as a registered seed importer, or registered seed cleaner, as the case may be;

      (b)   if he is not satisfied that the applicant complies with the prescribed requirements, refuse to register the applicant.

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

   (4) The Certifying Authority may impose such conditions with regard to any registration under this section as it may deem to be necessary in order to ensure that the applicant complies with the provisions of this Act or with the prescribed requirements.

   (5) The refusal of an application under this section for the registration of a seed importer or seed cleaner shall not prevent the making under this section of a fresh application for the registration of the same person as such seed importer or seed cleaner at any subsequent time.

   (6) Any person who, having obtained registration as a seed importer or as a seed cleaner, subject to any condition imposed under sub-section (4) or as amended by the Minister under section thirteen, fails to comply with such condition shall be guilty of an offence.

6.   Registration in cases of partnership business of seed importers or seed cleaners

   (1) Where an application is made under this Act for registration as a registered seed importer of registered seed cleaner, as the case may be, and the business sought to be registered is a partnership firm, the partners shall nominate one member of the firm, who shall, upon the application being granted by the Certifying Authority, be registered as registered seed importer or registered seed cleaner, as the case may be, in respect of the said partnership business.

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

7.   Inspection on application for registration

   (1) Upon application being made under this Act for first registration of any seed importer, the Certifying Authority may, if it deems it necessary for the purposes of its consideration of the said application, cause an inspector to inspect and report on such warehousing, storage and other facilities which the applicant proposes to use in and about the business of the importation of seeds.

   (2) Upon application being made under this Act for first registration of any seed cleaner, the Certifying Authority may, if it deems it necessary for the purposes of its consideration of the said application, cause an inspector to inspect and report on such premises, equipment and other facilities which the applicant proposes to use in and about the business of the cleaning of seeds.

[S 7 am by Act 21 of 1995.]

8.   Certificate of registration of seed importer or seed cleaner

   (1) Upon the registration of any seed importer or any seed cleaner under this Act, the Certifying Authority shall issue a certificate of registration of a seed importer, or a certificate of registration of a seed cleaner, as the case may be, in the form prescribed, and shall furnish such certificate to the person registered under such registration, or his agent.

   (2) The registered seed importer or registered seed cleaner, as the case may be, shall cause the said certificate to be displayed in a prominent place within his principal place of business in Zambia 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.

[S 8 am by Act 21 of 1995.]

9.   Renewal of registration

   (1) Any person registered under this Act as a registered seed importer or a registered seed cleaner, as the case may be, may apply to the Certifying Authority, in the form prescribed, for a renewal of his registration.

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

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

   (4) In the event of the death of the person registered under this Act as a registered seed importer or a registered seed cleaner within six months before the date of expiry of such registration, the Certifying Authority shall extend the time herein prescribed for making an application for renewal of such registration to a date not more than six months from the date of the death of the person so registered.

   (5) In the event of an extension of time for the making of an application for renewal having been granted by the Certifying Authority under any provision of this section and the time granted extends beyond the date of expiry of the registration, the said registration shall be deemed for all of the purposes of this Act to have been extended to the date to which the said extension of time extends:

Provided, however, that upon renewal of such registration being granted the renewed registration shall relate back to the date of the expiry of the former registration, and the duration of the renewed registration shall be calculated from that date.

[S 9 am by Act 21 of 1995.]

10.   Devolution and transfer of business of registered seed importer or registered seed cleaner

   (1) Where a registered seed importer or a registered seed cleaner, as the case may be, dies, the following provisions shall have effect—

      (a)   the death of the registered seed importer or registered seed cleaner shall not of itself render unlawful the carrying on, during the period of six months from such death, of the business theretofore carried on by the said deceased;

      (b)   the personal representative of the said deceased or, with the consent of such personal representative, any other person shall (subject to the provisions of this section) be entitled, on application to the Certifying Authority in the form and manner prescribed, to be registered as registered seed importer or registered seed cleaner, as the case may be, in respect of the business formerly carried on by the said deceased;

      (c)   where the said deceased has been registered under the provisions of section six, the surviving partner or joint owner, or the nominee of the surviving partners or joint owners, as the case may be, shall (subject to the provisions of this section) be entitled, on application to the Certifying Authority in the form and manner prescribed, to be registered for the purposes of this Act as the registered seed importer or as the registered seed cleaner, as the case may be, in respect of the business formerly registered in the name of the said deceased:

Provided, however, that such registration under this paragraph shall be provisional only, until such time as the Certifying Authority is satisfied as to the identity of the person, or persons, actually entitled, in the events which have happened, to the ownership of the said business; whereupon the Certifying Authority may—

      (i)   confirm the said provisional registration as full registration, if the person so provisionally registered is entitled to such full registration under this Act; or

      (ii)   may cancel the said provisional registration and register in lieu thereof the person entitled to be so registered in respect of the said business;

      (d)   from the death of the said decreased registered seed importer or registered seed cleaner, as the case may be, until the registration of another person as such, the person actually carrying on the business of the said deceased shall be deemed to be the registered seed importer or registered seed cleaner, as the case may be, for the purposes of so much of this Act as relates to things to be done in the course of carrying on the said business, and for the purpose of notices required by this Act to be given to the registered seed importer or registered seed cleaner, as the case may be, and the service of such notices.

   (2) Where a registered seed importer or registered seed cleaner, as the case may be (in this sub-section referred to as the transferor), transfers on sale or otherwise the business carried on by him in respect of which he is so registered under this Act to another person (in this sub-section referred to as the transferee), the following provisions shall have effect:

      (a)   the transferee shall (subject to the provisions of this section) be entitled, on application to the Certifying Authority in the form and manner prescribed, and on satisfying the Certifying Authority that he has become the proprietor of the said business, to be registered as registered seed importer or registered seed cleaner, as the case may be, in respect of the said transferred business;

      (b)   until the transferee is so registered, the transferor shall, notwithstanding the said transfer, continue to be, for all of the purposes of this Act, the registered seed importer or the registered seed cleaner, as the case may be.

   (3) Where an application is made to the Certifying Authority under this section for the registration of a person (in this sub-section referred to as the applicant) as a registered seed importer or registered seed cleaner, as the case may be, the following provisions shall apply:

      (a)   where the applicant is the personal representative of a deceased registered seed importer or of a deceased registered seed cleaner, as the case may be, and is applying under sub-section (1) for registration solely in his capacity as such personal representative, and the application is duly made in accordance with the said sub-section, the Certifying Authority shall not refuse the application;

      (b)   in every other case it shall be lawful for the Certifying Authority, if it so thinks proper, to refuse the application on the ground that the applicant was previously registered under this Act, and while he was so registered the said registration was cancelled by the Certifying Authority under and pursuant to this Act; and it shall further be lawful for the Certifying Authority to refuse such application upon any other ground which he deems to be a reasonable ground for refusal to register a person as a registered seed importer or a registered seed cleaner, as the case may be, upon application for first registration as such under this Act.

[S 10 am by Act 21 of 1995.]

11.   Cancellation of registration

If the Certifying Authority is satisfied—

      (a)   that any registered seed importer or registered seed cleaner fails or has ceased to comply with any provision of this Act or with any condition or requirement imposed or prescribed under this Act; or

      (b)   that any such registered seed importer or registered seed cleaner has ceased to carry on business as such, or has been convicted of an offence under this Act, or has been adjudicated or is an undischarged bankrupt; or, if an incorporated body, has been wound up; or

      (c)   that any such registered seed importer or registered seed cleaner, being an individual, has died and no other person has, within six months after such death, been registered in lieu of the said deceased; or

      (d)   that any such registered seed importer or registered seed cleaner, being an incorporated body, has been dissolved and no other person has, within three months after such dissolution, been registered under this Act in respect of the business formerly carried on by the said dissolved registered seed importer or registered seed cleaner;

he may cancel the registration of such registered seed importer or registered seed cleaner, as the case may be:

Provided that nothing shall be construed to oblige or impose a duty on the said Certifying Authority at any time to exercise the powers by this section conferred upon it.

[S 11 am by Act 21 of 1995.]

12.   Reasons for refusal to register or for cancellation: when to be furnished

   (1) Any aggrieved party may, within twenty-one days after such refusal, imposition of condition upon, or cancellation of any registration under this Part, in writing request the Certifying Authority to furnish his reasons for refusing to register the applicant or for imposing conditions upon or cancelling such registration.

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